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Decree No. 2007-1020 June 14, 2007 On The Publication Of The Agreement On Social Security Between The Government Of The French Republic And The Government Of Japan, Signed In Paris On February 25, 2005

Original Language Title: Décret n° 2007-1020 du 14 juin 2007 portant publication de l'accord de sécurité sociale entre le Gouvernement de la République française et le Gouvernement du Japon, signé à Paris le 25 février 2005

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Summary

Application of sections 52 to 55 Of the Constitution and Act 2007-307 of 05-03-2007.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL ACCORD, BILATERAL AGREEMENT, FRANCE, JAPAN, SOCIAL SECURITY, SELF-EMPLOYED, SELF-EMPLOYED, TNS , AGRICULTURAL PROFESSION, NON-AGRICULTURAL PROFESSION, SHIP, STATE AGENT, DIPLOMATIC AND CONSULAR STAFF , POSITION, DETAILMENT, LIABILITY, INVALIDITY BENEFIT, OLD-AGE BENEFIT , HEALTH INSURANCE, EMPLOYMENT INJURY, SPOUSE, CHILD


JORF #139 of June 17, 2007 page 10459
Text No. 4



Order No. 2007-1020 dated June 14, 2007 Publication of the social security agreement between the Government of the French Republic and the Government of Japan, signed in Paris on 25 February 2005 (1)

NOR: MAEJ0754746D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/6/14/MAEJ0754746D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/6/14/2007-1020/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Vu Act No. 2007-307 of 5 March 2007 authorizing the approval of the social security agreement between the Government of the French Republic and the Government of Japan;
In light of the amended Decree No. 53-192 of 14 March 1953 on ratification and The publication of international commitments undertaken by France,
Describes:

Article 1


The social security agreement between the Government of the French Republic and the Government of Japan, Signed in Paris on 25 February 2005, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs is responsible, each of which Of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


A C C O R D


SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF JAPAN
The Government of the French Republic and the Government of Japan, desiring to regulate relations between their Two states in the field of social security, have agreed on provisions :


TITLE I
GENERAL
Article 1
Definitions


1. For the purposes of this Agreement:
a) The term " France " Means, in its geographical acceptance, the European and overseas departments of the French Republic, including the territorial sea, and beyond those areas on which, in accordance with international law, the Republic French has sovereign rights for the exploration and exploitation of the natural resources of the seabed and its subsoil.
b) The term " Japan " Means, in its geographical sense, the territory of Japan.
c) The expressions " Contracting State " And " Other Contracting State " Indicate, depending on the context, France or Japan.
d) The term " National " Means:
-in the case of France, a person of French nationality;
-as far as Japan is concerned, a person of Japanese nationality as defined by the law on Japanese nationality.
e) The term " Legislation " Means:
-as far as France is concerned, the laws referred to in Article 2 (1);
-as far as Japan is concerned, the laws and regulations (other than the laws and regulations adopted for the application of other Social security similar to this Agreement) relating to the Japanese pensions, sickness and accident insurance schemes mentioned in Article 2 (2).
(f) The expression " Competent authority " Means:
-as far as France is concerned, the ministers responsible for the application of the laws referred to in Article 2 (1);
-as far as Japan is concerned, the government institutions responsible for the Japanese Pensions, sickness insurance and accident insurance referred to in Article 2 (2).
g) The expression " Competent institution " Means:
-in the case of France, the institution or body responsible, in each case, for the application of the laws referred to in Article 2 (1) and the liaison body referred to in Article 23 (b);
-as regards Japan, insurance institutions (including the federal bodies of these institutions) responsible for the implementation of the Japanese pension, sickness and occupational accident insurance schemes referred to in Article 2 (2) 2.
h) The expression " Period of insurance " Means:
-as far as France is concerned, any period of payment of contributions recognised as insurance period by French law and any period recognised as equivalent to a period of insurance by that same legislation ;
-in the case of Japan, any period of contributions, any exempt period of contributions and any additional period under Japanese law relating to the Japanese pension plans referred to in Article 2, paragraph 2, point A, subparagraphs a and b.
i) The expression " Entitled " Means:
-as far as France is concerned, the entitled persons under French law;
-in the case of Japan, family members or survivors entitled to benefit from their relationship with a person who Is or has been subject to Japanese law.
2. For the purposes of this Agreement, terms that are not defined shall have the meaning assigned to them by the law of either Contracting State which applies.


Article 2
Hardware application field


This Agreement is applicable:
1. In France:
A.-Legislation fixing the organisation of social security.
B.-Legislation laying down the applicable social insurance scheme:
(a) to salaried workers in non-agricultural occupations;
(b) to salaried workers in the agricultural professions;
(c) to non-salaried workers in non-agricultural occupations, with the exception of those relating to plans Supplementary old-age insurance and disability-death insurance schemes;
(d) to non-salaried workers in the agricultural professions;
(e) to non-salaried and assimilated employees covered by various schemes,
except for Provisions opening up to French workers and their successors in title The right to join voluntary insurance when they reside outside France;
C.-The legislation on accident insurance;
D.-Legislation on special social security schemes Salaried workers, excluding, however, special schemes for civil and military officials, as well as legislation on the special social security regime for seamen.
However:
-non-contributory benefits are excluded from the scope of this Agreement;
-the provisions of Articles 12 to 22, 26 with the exception of paragraph 3, 27 with the exception of paragraph 1, with the exception of paragraph 1 Do not apply to legislation on health insurance;
-the provisions of Articles 13 to 22, 26 with the exception of paragraph 3, 27 with the exception of paragraph 1, with the exception of paragraph 1 shall not apply to legislation Work-related accident insurance.
2. In Japan:
A.-To the following pension plans:
a) the National Pension Plan, with the exception of national pension funds;
(b) the employee pension plans listed below:
i) the Pension Insurance Scheme of Employees, with the exception of the employees' pension funds;
ii) the Pension Scheme of the Mutual Civil Servants;
iii) the Pension Scheme of the Mutual Civil Servants Local authorities and staff of similar status, with the exception of the local elected officials' pension scheme;
(iv) the Pension de la Mutuelle pension scheme for private educational institutions;
B.-To plans Sickness insurance governed by the following laws:
(a) the " Act No. 70 of 1922 " On health insurance;
(b) " Act No. 73 of 1939 " On the insurance of seafarers, including the provisions on employment insurance and accident insurance;
(c) the " Act No. 192 of 1958 On the national health insurance system;
(d) " Act No. 128 of 1958 " Relating to the Mutual of Officials of the State;
e) the " Act No. 152 of 1962 " Concerning the Mutual of Officials of Local Authorities and Similar Staff;
(f) "la Mutuelle" Act No. 245 of 1953 " On Mutual Life of Private Educational Institutions.
C.-Under the Workers' Compensation Insurance Plan, governed by the " Act No. 50 of 1947 " On insurance for workers' compensation.
However:
-social benefits paid on a transitional or supplementary basis, such as the old-age assistance pension paid by the national pension scheme, and which are exclusively or essentially financed by the Consolidated Revenue Fund Excluded;
-the provisions of Articles 12 to 22, 26 with the exception of paragraph 3, 27 with the exception of paragraph 1, 29 with the exception of paragraph 1 shall not apply to sickness insurance schemes;
-the provisions of the Articles 6 to 11, 13 to 22, 26, 27, 29 with the exception of paragraph 1 shall not apply to Accident insurance schemes.


Article 3
Personal scope of application


This Agreement applies to persons who, irrespective of their nationality, are or have been subjected to the Laws of any of the Contracting States and their successors in title.


Article 4
Equal treatment


Subject to the provisions of this Agreement, any person referred to in Article 3 which normally resides in one of the Contracting States Receives treatment equal to that accorded to nationals of that Contracting State in accordance with its law.


TITLE II
PROVISIONS RELATING
THE APPLICABLE LEGISLATION
Article 5
General Rules Concerning
employed and non-salaried workers


Any person who is likely to be affiliated as a compulsory member in accordance with the legislation of both Contracting States, who is employed or self-employed In one of the Contracting States, is subject only to the Laws of that Contracting State, under this activity, except as otherwise provided in this Agreement.


Article 6
Special rules concerning
certain employees


By Derogation from the provisions of Article 5, and with regard to the application of paragraphs 1 to 4, persons who may be legally affiliated in accordance with the legislation of both Contracting States:
1. An employee who is affiliated with the schemes provided for in the legislation of a Contracting State which is applicable to him, and occupied by an employer established in that Contracting State, who is seconded from that Contracting State by his employer in order to carry out Work on behalf of the latter in the other Contracting State, for a foreseeable period not exceeding five years, is subject only to the legislation of the first Contracting State, as if it exercised that activity in that State
provisions of paragraph 1 may apply in The assumption that an employee, who had been seconded by his employer from a Contracting State in a third State, is subsequently seconded by that employer from that third State to the other Contracting State.
3. An employee who has already benefited from the provisions referred to in paragraph 1 can again benefit only provided that a minimum period of one year between the end of the last activity period and the beginning of the new period has elapsed Period of activity.
4. The application of the provisions referred to in paragraphs 1 and 2 shall be subject to possession by the posted employee of Japan in France of a cover against the risks of accidents at work. In the absence of this coverage, the employee is subject to French legislation.


Article 7
Workers engaged on board a ship


In case of simultaneous affiliation with title Compulsory in accordance with the legislation of both Contracting States, employment or self-employed activity normally exercised on board a ship at sea flying the flag of a Contracting State shall be regarded as an activity carried on in that State Contractor. However, the person who is employed on board a ship flying the flag of a Contracting State and who is remunerated for that activity by a business or person having its registered office or domicile in the other Contracting State Shall be subject to the law of the latter Contracting State if it resides in that Contracting State. The company or the person paying the remuneration shall be considered the employer for the purposes of that legislation.


Article 8
Diplomatic and consular staff
and workers employed by the State


1. This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or the Vienna Convention on Consular Relations of 24 April 1963.
2. Provisions of the preceding paragraph, officials of one of the Contracting States, as well as staff assimilated to officials by the legislation of that State, who are likely to be affiliated as compulsory in accordance with the provisions of the Legislation of both Contracting States, which are sent to the other Contracting State In order to carry out work there shall be deemed to work in the first Contracting State and shall be subject only to the laws of that Contracting State.


Article 9
Exceptions to the provisions of Articles 5 to 8


The competent authorities of both Contracting States, or the competent institutions designated by them, may provide for common exceptions to the provisions of Articles 5 to 8 in favour of a specified person or A specified class of persons, in respect of persons May be legally affiliated in accordance with the law of both Contracting States, provided that such persons or categories of persons are subject to the law of a Contracting State and that they have given Their agreement to be subject only to the legislation of that Contracting State, the condition referred to in Article 6 (4) being otherwise complied with.


Article 10
Spouse or children accompanying the Worker


1. The Japanese legislation on compulsory affiliation does not apply to the spouse or children of non-Japanese nationals who accompany a person working in Japan, maintained under French law, in accordance with The provisions of Articles 6, 8, paragraph 2, or Article 9, except where there is a specific request for the said spouse or children.
Where the spouse or children have Japanese nationality, the exemption from the application of the Japanese law Is decided in accordance with Japanese law.
2. Children who accompany a person working in France, maintained under Japanese law, in accordance with the provisions of Articles 6, 8, paragraph 2, or Article 9, are compulsorily covered by Japanese law and are not Therefore not subject to French legislation unless they carry out a professional activity themselves.


Article 11
Non-Affiliation with the Japanese Pension Scheme


The provisions of the Article 6, paragraphs 1 and 2, do not apply to employed persons By an employer established in Japan, where such persons are not affiliated with the Japanese pension schemes referred to in Article 2 (2), point A, subparagraphs (a) and (b).


TITLE III
PROVISIONS FOR BENEFITS
Chapter 1
Common provisions
Article 12
Residence clauses


1. Subject to compliance with the provisions of this Agreement, the provisions of the law of a Contracting State under which the obtaining of the rights to, or the payment of, single pensions, annuities or single payments shall be the subject of Restriction or deletion on the grounds that the person concerned habitually resides outside the said State, does not apply to persons ordinarily resident in the other Contracting State.
2. Application of the law of a Contracting State shall be served on the Persons referred to in Article 3 who are ordinarily resident in a third State under the same conditions as nationals of that Contracting State.


Article 13
Totalization of insurance periods and
determination of the benefit calculation base



1. Subject to the provisions of this Agreement, the competent institution of one of the Contracting States shall take into account, for the purpose of opening up the right to benefits under its legislation, periods of insurance completed under the Laws of the other Contracting State, provided that those periods do not overlap.
2. In the case where the legislation of one of the Contracting States makes the right to benefit or the increase of periods of insurance to the Condition that these periods have been completed only in a special regime Referred to in Article 2 (1), point D, or in a specific profession, the competent institutions of that Contracting State shall take into account the periods of insurance completed in the relevant profession under the legislation Of the other Contracting State.
3. Where the law of a Contracting State makes the right to a benefit subject to the condition that the date of the event falls within a specified period of insurance, that condition shall be deemed to have been fulfilled when that date falls during a period of Period of insurance completed under the legislation of the other Contracting State, certified by the competent institutions of the latter Contracting State.
4. Where, according to the law of one of the Contracting States, the calculation of the benefit is made on the basis of the average wage or income of all or part of the insurance period, the average wage or income taken into account for the Determination of the amount of the benefit shall be determined on the basis of the only wages or income recorded during the period of insurance performed under the law of the said State.


Chapter 2
Provisions specific to the Japan
Article 14
Terms and conditions for calculating disability benefits,
for old age and Surviving Japanese survivors


In the case of Japan, the following provisions are applicable:
1. The provisions of Article 13 (1) shall not apply to the supplementary pension relating to the trade paid by the pension schemes of the Mutuelles and to single payments as a flat-rate reimbursement of contributions Insurance.
2. Concerning the application of the provisions of Article 13 (1):
(a) The competent institutions of Japan shall take into account, in respect of each calendar year, a three-month insurance period for each quarterly insurance period validated under French law and certified by The French competent institution. This period of insurance is allocated per month to supplement, for the opening of the rights to the various benefits, the months already taken into account as periods of insurance under Japanese law. The total number of months allocated according to those provisions and months already taken into account as periods of insurance under Japanese law may not exceed twelve per calendar year.
(b) Insurance periods performed under the French legislation is taken into account as periods of insurance completed in the following Japanese regimes:
i) employee pension plans;
ii) National pension scheme for persons affiliated with employee pension plans.
c) Periods of insurance which, according to French law, do not correspond Not over a period of time, are presumed not to overlap with periods of insurance completed in Japan and shall be taken into account in so far as they are useful in opening the right to benefits in Japan.
3. On the application of the provisions of Article 13 (3):
(a) If the right to invalidity or survivors' benefits is open to the Japanese national pension scheme without invoking the provisions of Article 13 (3), those provisions shall not be taken into account To open a right under the same event under Japanese employee pension plans.
(b) For persons who have completed periods of insurance under several employee pension plans, entitlement to benefits Are open under only one of the employees' pension schemes designated in accordance with Japanese legislation.
4. The provisions of Article 4 do not call into question the provisions of the Japanese law relating to additional periods granted to Japanese nationals whose habitual residence is outside Japan.
5. Where the right to benefits under Japanese law is open by means of the provisions of this Article and Article 13, the relevant Japanese institutions shall calculate the amount of the benefit in accordance with the provisions of this Article. Japanese legislation, subject to compliance with paragraphs 6 to 10 of this Article.
6. As regards the basic invalidity pension and other fixed amount benefits independent of the period of insurance completed, where the conditions required for the benefit are satisfied in accordance with the provisions of the Article 13 and Article 13, the amount of the benefit shall be calculated in proportion to the duration of the insurance period, excluding the supplementary period, carried out in the pension scheme allocating that benefit, in relation to the Total period of insurance, excluding period Completed in the pension scheme giving the said benefit, and the period of insurance performed under French law.
7. With regard to invalidity pension and survivor's pension under Japanese employee pension schemes, where the amount of the benefit is calculated on the basis of a period defined by the Japanese legislation, to the extent that Where the period of insurance actually completed in those schemes does not reach that defined period, and the conditions for entitlement to that benefit are met in accordance with Article 13 (1) or (3), the amount of the benefit Is prorated for the period of insurance performed in the plans Japanese employees' pensions in relation to the total length of the insurance period completed in the Japanese pension schemes and the period of insurance performed under French law. However, if this total duration exceeds the specified time period, it is taken as the total time.
8. With regard to the calculation of the amount of the benefit under the Japanese employee pension schemes, for the purposes of paragraphs 6 and 7, where the holder of the right to benefits has performed periods of insurance in several Japanese employee pension plans, the total duration of such periods shall be taken into account as " Period of insurance, excluding the supplementary period, carried out in the pension scheme giving the said benefit " Referred to in paragraph 6 and as " Period of insurance performed in Japanese employees' pensions schemes " Mentioned in paragraph 7.
9. If the total duration of insurance periods in several Japanese employee pension schemes exceeds " Period defined by Japanese law " Referred to in paragraph 7, the calculation procedures specified in paragraphs 7 and 8 shall not apply.
10. With regard to the increase, for spouses, of the old-age pension under the insurance scheme of the Employees' Pension or any other provision of a fixed amount which is subject to the completion of a period of insurance in the Employees' pensions, as required by Japanese law, where the conditions for entitlement to those benefits are satisfied in accordance with Article 13 (1) and (2), the amount of the benefit shall be prorated The period of insurance performed in the Japanese pension schemes of the Employees who allocate the benefit over the period required to qualify for this benefit.
11. The provisions of Article 12 (1) do not call into question the provisions of the Japanese law relating to the right to the provision of basic invalidity or basic survivors for persons between 60 and 64 years of age. The date of the first medical consultation or death, and that make this right subject to ordinarily resident in Japan.


Chapter 3
Terms specific to France
Article 15
Terms of calculation Disability benefits, old age
, and survivors retained in France


With regard to France, in respect of invalidity, old age or survivors' benefits, the following provisions shall apply:
1. Where the conditions required by the French legislation to open the right to benefits are satisfied without the need to apply the provisions of Article 13 (1), the French competent institution shall calculate The amount of the benefit which would be due, on the one hand, under the provisions of the French legislation, and on the other hand in accordance with the provisions arising from the application of paragraphs 2 and 3 below, and grants the benefit Amount is the highest.
2. When conditions required by the French legislation to open the right to benefits shall be satisfied only after implementation of the principle of aggregation laid down in Article 13 (1), the French competent institution shall calculate the theoretical amount of the benefit to be paid to If all periods of insurance had been completed under the legislation that it applies on the date the benefit is paid.
3. The French competent institution shall then establish the actual amount of the benefit granted to the person concerned on the basis of the theoretical amount referred to above, in proportion to the length of the periods of insurance completed before the implementation of the risk under The legislation which it applies in relation to the total duration of the periods of insurance completed before the implementation of the risk under the laws of both Contracting
. If the total duration of the periods of insurance completed under the legislation of both Contracting States exceeds the maximum duration required by the legislation applied by the French competent institution for the benefit of a benefit Complete, this institution shall take into consideration this maximum duration instead of the total duration of those periods for the application of the provisions of paragraph
. If the total duration of the periods of insurance completed under French law does not reach one year, the French competent institution shall not be required to grant benefits in respect of those periods, unless, by virtue of those periods only Period, a right to benefit is acquired under this legislation. In this case, the entitlement is calculated on the basis of these periods only.


Article 16
French Family Allowances


Employed employees maintained under French law in application Articles 6 and 9 and who are seconded to Japan by their employer benefit for their children who accompany them with French family allowances.


TITLE IV
MISCELLANEOUS
Article 17
Payment of Benefits


1. Payments of benefits under this Agreement may be made in the currency of either Contracting State.
2. If foreign exchange or export restriction measures are applied by one or The other of the Contracting States, the governments of both Contracting States shall immediately consult on the measures necessary to enable the payment of sums due by the competent institutions of either State Contracting Parties under this Agreement.


Article 18
Request for benefit, claim or other declaration


When a claim for benefit, a claim or any other declaration required by the law of a Contracting State is made to the competent authorities or To the competent institutions of the other Contracting State entitled to receive an application, a claim or any other similar declaration under the law of that other Contracting State, such claim, claim or any other Other return is deemed to be received on the date of submission to the Competent authorities or competent institutions of the first contracting state entitled to receive it.


Article 19
Administrative support


Competent authorities and institutions Of the two Contracting States shall provide the assistance necessary for the application of this Agreement. This help is free.


Article 20
Data Protection


1. The competent authorities and institutions of a Contracting State shall communicate, in accordance with the laws and regulations of that State, to the competent authorities and institutions of the other Contracting State the information concerning a person who is collected in The information being used solely for the implementation of this Agreement.
2. With the exception of cases where the communication of information is made compulsory by the laws and regulations of a Contracting State, any information concerning a person, transmitted under paragraph 1, shall be dealt with in accordance with the laws and Regulations of that Contracting State in respect of the protection of privacy and confidentiality of personal data, and used solely for the purposes of this Agreement.


Article 21
Language used


1. For the purposes of applying this Agreement, the competent authorities and the competent institutions of both Contracting States may correspond directly with each other and with any person concerned or his representative in their own
the purposes of applying this Agreement, the competent authorities and the competent institutions of one of the Contracting States may not reject written applications and other documents on the ground that they are drafted in the Language of the other Contracting State.


Article 22
Cost and Legalization Exemption


1. Exemptions or reductions in administrative or consular costs for certificates and documents to be produced in accordance with the laws of a Contracting State, by the laws and regulations of that Contracting State, shall be extended to Certificates and documents necessary for the application of this Agreement.
2. Any document which is to be produced pursuant to this Agreement and the legislation of one of the Contracting States shall be exempted from the procedure of legalization or Any other similar procedure by the diplomatic or consular authority.


Article 23
Role of the competent authorities


It is for the competent authorities of both Contracting States:
(a) to establish the administrative arrangements necessary for the application of this Agreement;
(b) to designate liaison bodies for the purposes of this Agreement; and
(c) to notify as soon as possible any information Concerning amendments to their laws, within the limits of those affecting the application of this Agreement.


Article 24
Dispute Resolution and Joint Committee


1. The Contracting States shall endeavour to settle by negotiation any dispute concerning the interpretation or application of this Agreement.
2. The Contracting States shall establish a Joint Committee composed of the representatives of the authorities and Competent institutions. This Commission shall be responsible for monitoring the implementation of this Agreement. It meets, as necessary, at the request of either of the Contracting States, alternately in France and Japan.


Article 25
Headings, chapters and articles


To For the purposes of this Agreement, headings for titles, chapters and articles shall be mentioned only to facilitate the reading of the Agreement and shall not affect its interpretation.


TITLE V
TRANSITIONAL AND FINAL PROVISIONS
Article 26
Account taken
situations when this Agreement enters into force


1. This Agreement shall not open the right to payment of benefits for a period prior to the date of its entry into force.
2. The periods of insurance completed under the laws of one of the Contracting States before the entry into force of the Agreement shall be taken into account for the determination of the right to benefits recognised under it.
However, it is understood that a Contracting State may not be required to take into account periods of insurance Prior to the earliest date from which periods of insurance Can be validated under its legislation.
3. An employee who has started his activity in one of the two Contracting States before the entry into force of this Agreement may, subject to his agreement that he and his successors in title cease to be covered by the The Contracting State in which it carries on business, be seconded pursuant to Article 6 (1).
The period of secondment shall commence on the effective date of the cancellation of the employee and his successors in the system provided for in the legislation of The Contracting State in which it carries on business and ends at most five years After the Effective Date of this Agreement.


Item 27
Events Prior to the Effective Date
of this Agreement


1. Subject to the provisions of Article 26 (3), decisions relating to the affiliation of employed persons taken before the entry into force of the Agreement may be revised taking into account the provisions of this
. Reservation of the provisions of Article 26 (1), this Agreement shall also apply to events prior to its entry into force to the extent that such events are liable to open up rights to invalidity benefits, Old age, or survivors under the laws of either of the two Contracting States.
3. The invalidity, old-age or survivors' benefits which have been awarded by one or the other Contracting State or applications for benefits which were rejected before the entry into force of this Agreement may be reviewed, at Request from interested parties, taking into account the provisions of this Agreement.
The amount of the benefit resulting from the new calculation cannot be less than the amount of the initial benefit.
4. If the persons concerned submit the application referred to in paragraph 3 within two years from the date of entry into force of this Agreement, the effective date of the application shall be the effective date of the application, subject to More favourable provisions.


Article 28
Entry into force


Both Contracting States will notify each other through diplomatic channels of the completion of their respective constitutional procedures, Required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the third month following the month of receipt of the last notification.


Article 29
Term of this Agreement and Denunciation


1. This Agreement is concluded for an indefinite period. It may be denounced by either Contracting State. The denunciation shall be notified by diplomatic means and in this case the agreement shall remain in force until the last day of the 12th month following the month in which the denunciation is notified.
2. In case of denunciation of the present Agreement, in accordance with the provisions of paragraph 1, the rights to the liquidation and payment of invalidity, old age or survivors acquired under this Agreement shall be maintained.
3. Subject to the provisions of paragraph 2, the taking into account of periods of insurance completed prior to the date of denunciation shall be determined by mutual agreement.
In witness whereof the undersigned, duly authorized by their The respective Governments have signed this Agreement.
Done at Paris, on February 25, 2005, in two copies, in the French and Japanese languages, both texts being equally authentic.


For the Government
of the French Republic:
Jean-Pierre Lafon
Secretary General
of the Department of Foreign Affairs

For the Government of Japan

Hiroshi Hirabayashi
Ambassador of Japan


Done at Paris, June 14 2007.


Nicolas Sarkozy


By the President of the Republic:


Prime Minister,

François Fillon

Foreign Affairs Minister

and European,

Bernard Kouchner


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