LawFlash

Japan Changes Border Policy, Allows New Entries for Business Purposes Effective March 1

February 28, 2022

Japan will implement new border measures designed to allow business purpose entries of foreign nationals, which will require improved, light prenotification procedures.

Possible New Entries for Business from March 1

Beginning March 1, 2022, Japan will lift the effective ban on new entries of foreign nationals for business purposes and implement new measures designed to allow such new entries under supervision conducted by sponsor organizations over the new entrants. Sponsor organizations typically mean employers of foreign nationals in Japan.[1]

More specifically, under the new measures, if sponsor organizations of the entrants successfully complete prenotification procedure through the online system designated by Ministry of Health, Labour and Welfare (MHLW), these foreign nationals are deemed as those under “special circumstances.” New entries of such foreign nationals for short-term stay for business or employment purposes as well as new entries for long-term stay will be, in principle, permitted. A prenotification made by a new entrant is not accepted, as the prenotification must be made by the sponsor organization.

Prenotification Procedures through ERFS

The MHLW’s designated online system, Entrants, Returners Follow-up System (ERFS), is operated by Emergency Assistance Japan Co. Ltd. All prenotifications are processed through ERFS. There is no additional procedure with respect to any individual government offices in charge of the industry sectors relevant to the business/employment the new entrants will conduct in Japan.

The sponsor organization first needs to create an account in ERFS and obtain an ID and password, which is expected to take one or two days. Once the ID and password are issued, the sponsor organization may obtain forthwith a certificate of completion (juryo shou) online by completing the required information in ERFS. Such required information includes the identifying information of the sponsor organization and the undertaking of the sponsor organization in connection with the acceptance of the foreign national. The certificate of completion (juryo shou) is required to be presented when the foreign national applies for a visa to enter Japan. 

Sponsor organizations can use agents for the procedure through ERFS, but this will require uploading a Power of Attorney following MHLW’s instructions.  

Ongoing Supervision Responsibilities by Sponsor Organization

The sponsor organizations are responsible for the monitoring and supervision over the health status of the foreign nationals following entries in Japan as well as the compliance of the undertakings by such foreign nationals made in connection with the entries in Japan. 

Change of Self-Quarantine Period

The new rules for quarantining for new arrivals are as follows:

Stay in Designated Country or Area

Valid Certificate of Vaccination

Day 0

Day 1-3

Day 4-7

Yes

No

Take a test at quarantine station

Stay in quarantine accommodation;

Quarantine period will end if the test result is negative on Day 3

No self-quarantine

Yes

Take a test at quarantine station

Stay at home (if no optional test is taken on or after Day 3)

Take a test at quarantine station

Stay at home;

Self-inspection on or after Day 3 and submit the negative test result

Self-quarantine period can be shortened by notice

No

No

Take a test at quarantine station

Stay at home (if no optional test is taken on or after Day 3)

Take a test at quarantine station

Stay at home;

Self-inspection on or after Day 3 and submit the negative test result

Self-quarantine period can be shortened by notice

Yes

Take a test at quarantine station

No self-quarantine

(Note: A Certificate of Vaccination needs to verify that the entrant has received a third vaccination to follow the requirements designated by the government of Japan.)

This LawFlash based on information publicly available as of February 25, 2022 (JST).

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Contacts

If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers:

Tokyo
Tomoko Fuminaga

Mai Ishii (Licensed Professional – Administrative Procedure) and Ayako Hiraiwa (Licensed Professional – Commercial Registrations & Administrative Procedure) contributed to this LawFlash.



[1] The relevant Q&A for the new measures is available as well.