RESTRICTED  
  
INF/IFD/RD/18  
 
8 May 2019 
(19-3164) Page: 1/8 
  Original: English  
 
 
WTO STRUCTURED DISCU SSIONS ON INVESTMENT  FACILITATION FOR DE VELOPMENT  
MEETING OF 16 MAY 2019  
ELEMENTS AIMED  AT ENHANCING INTERNATIO NAL COOPERATION, INF ORMATION 
SHARING AND THE EXCH ANGE  OF BEST PRACTICES, AND DEVELOPMENT DIME NSION  
TEXT EXAMPLES SUBMIT TED BY  BRAZIL   
ROOM DOCUMENT  
 
 
 
  
  INF/IFD/RD/18  
 
- 2 - WTO STRUCTURED DISCU SSION S ON INVESTMENT FACIL ITATION FOR DEVELOPM ENT 
 
ENHANCING INTERNATIO NAL COOPERATION, INF ORMATION SHARING AND  EXCHANGE OF BEST PRA CTICES, AND DEVELOPM ENT DIMENSION  
 
TEXT EXAMPLES SUBMIT TED BY  BRAZIL  
 
Text Example  Elements in  
“Checklist of issues ” 
International cooperation among Members, including through their competent authorities   
Article 7  
Cooperation among National Focal Points  
  
1.  National Focal Points shall cooperate with each other in matters related to investment facilitation.  
  
2.  Areas for cooperation include exchange of information on procedural requirements and 
documentation associated with invest ment decisions, sharing of experiences regarding implementation 
of this Agreement, best practices regarding collection and compilation of data relating to investment and 
technical assistance and capacity building for micro, small and medium enterprises.  
 
(Source: INF/IFD/W/1)  
  
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International cooperation among Members at the multilateral level on investment facilitation -related matters, including 
through a WTO Committee  
SECTION VIII  
Institutional Framework  
  
Article 19  
WTO Committee on Investment Facilitation  
  
1.  A Committee on Investment Facilitation is hereby established.  
  
2.  The Committee shall be open for participation by all Members and shall elect its own Chairperson.  
   
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- 3 - Text Example  Elements in  
“Checklist of issues ” 
3.  The Committee shall meet as needed and envisaged by the relevant provisions of this Agreement, 
but no less than twice a year, for the purpose of affording Members the opportunity to raise any matters 
related to the implementation of this Agreement or t he furtherance of its objectives.  
  
4.  The Committee shall establish its own rules of procedure.  
  
5.  It shall be open to any Member to suggest items related to the implementation of this Agreement for 
inclusion in the agenda of any Committee ’s meeting.  
  
6.  The Committee shall carry out such responsibilities as assigned to it under this Agreement or by the 
Members, such as:  
  
a.  follow the implementation of this Agreement;  
b.  discuss issues related to investment facilitation of general interest;  
c.  propose cooperation and facilitation agendas, which may include issues such as: transfer of 
funds, personnel mobility and logistical matters, among others;  
d.  exchange experiences in investment facilitation;  
e.  discuss views and requests from investors an d other relevant stakeholders, when applicable, 
on specific issues related to the work of the Committee; and  
f.  compile and disseminate international best practices.  
7.  Subsidiary bodies focused on specific issues may be established.  
  
8.  The Committee may develop procedures for Members to share relevant information and best 
practices.  
  
9.  The Committee shall maintain close contact with other international organizations in the field of 
investment facilitation, such as UNCTAD, World Bank and the OECD, w ith the objective of securing the 
best available advice for the implementation and administration of this Agreement and in order to avoid 
duplication of efforts. To this end, the Committee may invite representatives of such organizations or 
their subsidiar y bodies to:  
  
a.  attend meetings of the Committee; and   
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“Checklist of issues ” 
b.  discuss specific matters related to the implementation of this Agreement.  
10.  The Committee shall review the operation and implementation of this Agreement five years from 
its entry into force, and periodically thereafter. Recommendations arising from the review shall be 
presented to the General Council.  
  
11.  The Committee may establish open -ended working -groups to discuss specific issues pertinent to 
the implementation of this Agreement. Any c onclusion shall be reported to the Committee.  
 
  
 (Source: INF/IFD/W/1)  
 
Consideration of challenges faced by developing countries and especially LDCs  
INVESTMENT FACILITATION AGREEMENT  
Members,  
  
Recognizing the importance of investment for the growth and development of the world economy;  
  
(…)  
  
Considering the particular needs of developing and especially least -developed countries and desiring to 
enhance assistance and support for capacity building in this area;  
  
Desiring to facilitate the in creasing participation of developing countries in investment flows including, 
inter alia, through the strengthening of their domestic regulatory environment and its efficiency and 
competitiveness;  
  
Valuing the importance of voluntary corporate social resp onsibility principles and standards for investors;  
  
Acknowledging the essential role of investment in the promotion of sustainable development, economic 
growth, poverty reduction, job creation, expansion of productive capacity and human development;  
  
Aiming to increase investment, including investment in and by micro, small and medium enterprises; 
and 
   
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“Checklist of issues ” 
Reaffirming the importance of the 2030 Agenda for Sustainable Development of the United Nations;  
  
Hereby agree as follows:  
 
(Source: INF/IFD/W/1)  
 
Sharing of best practices and information on facilitating FDI to identify global benchmarks  
Article 7  
Cooperation among National Focal Points  
  
1.  National Focal Points shall cooperate with each other in matters related to investment facilitation.  
  
2.  Areas for cooperation include exchange of information on procedural requirements and 
documentation associated with investment decisions, sharing of experiences regarding implementation 
of this Agreement, best practices regarding collection and compilatio n of data relating to investment and 
technical assistance and capacity building for micro, small and medium enterprises.  
 
(Source: INF/IFD/W/1)  
 
  
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Special and differential treatment  
SECTION VI  
Implementation  
  
Article 14  
Schedule of Implementation  
  
1.  The provisions of this Agreement shall be implemented upon entry into force, except for the 
provisions in Section III, which shall be implemented within 3  (three) years of entry into force.  
  
2.  Notwithstanding the exception provided for in paragraph 1, Members shall strive for early 
implementation of the provisions of Section III and, should they not be in a position to do so, seek to 
implement such provisions in a progressive and scheduled manner in the transition to electronic 
procedures only.  
    
 
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“Checklist of issues ” 
SUBSECTION I  
Special and Differential Treatment Provisions  
  
Article 15  
General Principles  
  
1.  The provisions contained in Articles 1 to 14 of this Agreement shall apply to developing and least -
developed country Members in accordance with this Subsection . 
  
2.  Least -developed country Members shall not be required to implement the provisions of Sections III, 
IV and V of this Agreement. Least -developed country Members are nonetheless encouraged to 
implement these provisions to the extent compatible with th eir special economic situation and their 
development, trade and financial needs. Upon graduation from least -developed country status, the 
schedule of implementation of the provisions of this Agreement established under Article 16 shall apply 
to the graduat ed Member.  
  
3.  Where circumstances allow for the phased introduction of new requirements, procedures, standards 
and measures relevant to investment, Members shall consider longer phase -in period for the applicability 
of such measures in sectors of export  interest to developing country Members, and in particular to least -
developed country Members.  
  
  
Article 16  
 
Schedule of Implementation for developing and least -developed country Members  
  
1.  Provisions under Sections I and II of this Agreement shall be  implemented upon entry into force of 
this Agreement;  
  
2.  Provisions under Sections IV and V of this Agreement shall be implemented within 4 (four) years 
after the entry into force of this Agreement; and  
  
3.  Provisions under Section III of this Agreeme nt shall be implemented within 8 (eight) years after the 
entry into force of this Agreement.  
  
4.  Notwithstanding the implementation period specified above, developing country Members shall strive 
for early implementation of provisions and, should they no t be in a position to do so, seek to implement 
such provisions in a progressive and scheduled manner in the transition to electronic procedures only.  
   
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“Checklist of issues ” 
5.  Developing country Members in a position to fulfil the provisions under sections III, IV and V in a 
shorter timeframe shall notify the Committee referred to in article 6 the revised timeframes for the 
implementation of the provisions.  
 
(…) 
  
(Source: INF/IFD/W/1)  
Technical assistance and capacity building  
SECTION VI  
Implementation  
(…)  
SUBSECTION I 
Special and Differential Treatment Provisions  
 
 (…)  
 
  
Article 17  
Technical Assistance  
  
1.  Developed country Members, and to the extent possible, developing country Members in a position 
to do so, shall provide technical assistance to developing country Members and in particular to least -
developed country Members, upon request and on mutuall y agreed terms and conditions.  
  
2.  Technical assistance shall be aimed,  inter alia , at developing and strengthening the capacities needed 
to fully implement the obligations arising under this Agreement.  
  
 
(Source: INF/IFD/W/1)  
  
 
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“Checklist of issues ” 
Any other investment facilitation -related issues  
 SECTION I  
Scope and General Principles  
  
(…) 
  
Article 3  
Right to Regulate  
  
1.  Members shall retain the right to regulate in the public interest and to introduce new regulations 
within their territories so as to  achieve legitimate public policy objectives.  
 
(Source: INF/IFD/W/1)   
 
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