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This newsletter was drafted based upon the information available as of December 26, 2022.
On December 17, 2022, a new “National Security Strategy of Japan,” “National Defense Strategy,” and “Defense Program” (the “National Security Strategy of Japan” is hereinafter referred to as the “Security Strategy,” and collectively with the National Defense Strategy and Defense Program, the “Three Security Documents”) were decided by the National Security Council and approved by a Cabinet Decision.
Of these, the Security Strategy is positioned as the supreme national security policy document, and is intended to provide strategic guidance for Japan’s national security policy areas, including diplomacy, defense, economic security, technology, cyber, maritime, space, intelligence, official development assistance (ODA), and energy (“I. Purpose” in the Security Strategy). In addition, the National Defense Strategy was formulated to comprehensively present Japan’s defense objectives, approaches, and means by which to accomplish those objectives, replacing the National Defense Program Guidelines, which have served as Japan’s basic guidelines for development, sustainment, and operation of defense capability with the Self- Defense Forces as its core (“I. Objectives of National Defense Strategy” in the National Defense Strategy). The Defense Program is a program for fundamentally reinforcing Japan’s defense capabilities in order to develop Japan’s defense capabilities in relation to dealing with invasions of Japan, and disrupting and defeating such threats while obtaining the support of its allies and others by FY2027.
The Three Security Documents stipulate various matters related to security, with a focus on reinforcing the defense system of Japan. Among the matters stipulated in the Three Security Documents, this newsletter attempts to provide a timely commentary on the points that should be noted from the perspectives of economic security and cybersecurity, which may affect the economic activities of companies. Unless otherwise noted, the items cited below in this newsletter refer to the items in the Security Strategy.
(Reference) Table of Contents of the Security Strategy
1. Points to Note From an Economic Security Perspective
2. Points to Note from a Cybersecurity Perspective
3. Future Outlook
As seen in 1. and 2. above, the Security Strategy includes various measures for economic and cybersecurity, which may have a broad impact on corporate activities. Since the Economic Security Promotion Act was enacted in Japan, the term “economic security” has become commonplace, and because Russia’s invasion of Ukraine has resulted in delays and disruptions in the supply chain, 2022 could be viewed as the first year in which companies cannot help but recognize economic security as a matter which affects them directly. In 2023, the support system for ensuring the stable supply of critical materials under the Economic Security Promotion Act and the research and development support of critical technologies will be fully implemented, and the system for prior screening of key infrastructure is expected to be finalized. In the future, the companies involved will not only need to consider how to respond to these systems under the Economic Security Promotion Act, which will be in full operation, but also must continue to collect information on the matters for which laws and guidelines are expected to be established within the next 10 years, as set forth in the Security Strategy. Now that it has become clear that “globalization and interdependence alone cannot serve as a guarantee of peace and development across the globe,” while recognizing that we are existing in “the most severe and complex post-war security environment” (“I. Purpose” and “IX. Conclusion”), it is necessary for companies to consider whether the responses to these measures set forth in the Security Strategy are necessary, and in some cases, discuss and confirm them with the competent authorities.
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Formulation of a New National Security Strategy, Economic Security … – Lexology
