INF/IFD/R/9  
11 December 2019  
(19-8538) Page: 1/4 
  Original: English  
 
 
 
WTO STRUCTURED DISCU SSIONS ON INVESTMENT  FACILITATION FOR DE VELOPMENT  
MEETING HELD ON 25 NOVEM BER 2019  
Summary of discussions by the Coordinator1 
1  INTRODUCTION  
1.1.  An open -ended organizational meeting of the Structured Discussions on Investment Facilitation 
for Development was held on 25 November 2019, coordinated by H.E. Mr. Eduardo Gálvez (Chile). 
As indicated in the annotated agenda circulated by the Coordinator t o all Members on 14 November 
2019,2 its main purpose was to address the following sections of the Working Document 
(INF/IFD/RD/39) : development dimension  (section V ); cross-cutting issues  (section VI) ; scope and 
general principles  (section I) ; and institut ional arrangements and final provisions (section VII).  
1.2.  Participating Members were also invited to discuss any other investment facilitation -related 
issue and/or revert to any issues discussed at previous meetings.3  
1.3.  The meeting was well attended with many Members represented by capital -based officials . The 
level of engagement and interaction at the meeting was high, with detailed and concrete views and 
suggestions on the different issues discussed.   
2  JOINT MINISTERIAL STATEMENT ON INVESTM ENT FACILITATION  
2.1.  The Coordinator informed that , on 5 November 2019, 92 WTO Members co -signed a Joint 
Ministerial Statement (JMS) on investment facilitation for development . He also informed that since 
then, six more Members ha d decided to co -sponsor  the JMS, raising the total number of 
co-signatories of the 2019 JMS to 98 Members  (document WT/L/1072/Rev .1).  
2.2.  Several  co-signatories of the JMS took the floor to reiterate their commitment " to intensify 
work to further develop the framework for facilitating foreign direct investments, and work towards 
a concrete outcome on Investment Facilitation for Development at the Twelfth WTO Ministerial 
Conference (MC12) ". Some participating Members  who intervened emphasized the importance of an 
investment facilitation framework for helping developing countries, and particularly LDC Members, 
to put in place  the appropriate institutional and regulatory framework for attracting and expanding 
investments.  A proponent of the initiativ e stated that it looked forward to the active engagement of 
all participating Members, particularly the newcomers, in shaping the future framework  in order to 
attain a meaningful, balanced and pro -development  outcome  at MC12 .  
                                                
1 This summary, prepared and circulated under the Coordinator's responsibility, is being shared with a 
view to providing delegations with a record of the discussions and assisting them in reporting back to their 
capitals. It provides a non -exhaustive, illust rative review of the issues addressed by Members at the me eting. 
2 Document INF/IFD/W /11, dated 14 November  2019. 
3 See documents INF/IFD/R/7 and INF/IFD/R/8, dated 30 October 2019 and 21 November 2019 
respectively.  INF/IFD/R/9  
 
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  3  THEMATIC DISCUSSION ON THE BA SIS OF THE WORKING D OCUMENT  
3.1  Development Dimension (Section V) 
3.1.  Many  delegations recalled that facilitat ing greater developing country and LDC Members' 
participation in global investment flows constituted a key objective of the framework. They 
highlighted th e importance of providing for special and differential treatment ( SDT), as well as 
technical assistance and capacity building, to help developing and LDC  Members  implement and 
benefit from the framework. The importance of SDT provisions to enhance the inclusiveness of the 
future framework was stressed by delegations.  
3.2.  In general, participating Members acknowledged the relevance of the TFA approach , based on 
Members' own needs assessment , for further developing the provisions related to the development 
dimension  of the future framework . Several delegations  also stressed that the content of the 
substantive commitments contained in section V of the working document was linked to, and 
ultimately dependent on , the substantive commitments to be included in the framework, particularly 
those in sections II (transparency  and predictability of investment measures ) and III (streamlining 
and speeding up administrative procedures and requirements).  
3.3.  Participating Members engaged in a detailed discussion , with many providing concrete wording 
suggestions on this section's  provisions, which included  general principles, implementation, and 
technical assistance and capacity building for developing and LDC Members. Participating Members 
broadly converged on the importance of including provisions that would allow developing and LDC 
Members to progressively implement the commitments contained i n the future framework according 
to their implementation capacity. While s everal p articipating Members saw value in includin g general  
principles , they highlighted the need to significantly streamlin e them. Regarding  implementation, i t 
was acknowledged that  a "one -size-fits-all approach"  would not be appropriate in this context. 
Several delegations called for a pragmatic approach to SDT , along the lines of the TFA, that would 
allow developing and LDC countries to determine  the implementation date of  each of the provisions  
on the basis of their individual capacity . 
3.4.  Participating Members generally expressed support for the inclusion of  provisions on technical 
assistance and capacity building to help developing and LDC Members with the implementation of 
the future framework. On cooperation with other international organizations , delegations highlighted 
the importance of avoid ing duplicati on with  the work carried out by them, as well as  of enhancing  
coordination in order to maximize the benefits of the framework . As to the creation of an "Investment 
Facilitation Facility", some delegations expressed the view that those provisions could be moved to 
the Preamble of the framework and/or to a separate do cument. Some participating Members were 
of the view that further clarity on the role of the Facility was needed.  
3.2  Cross-cutting Issues  (Section  VI) 
3.5.  Participating Members had a rich exchange of views on this section,  which addressed Micro -
Small and Medium -sized Enterprises (MSMEs), corporate social responsibility (CSR) and measures 
against corruption .  
3.6.  Many p articipating Members shared the view that there was no need for separate provisions  
specifically dedicated to  MSMEs and that the elements found in the wo rking document (such as 
availability of information, etc.) were relevant to business in general, regardless of their size. It was 
suggested that some of those elements could be incorporated in other sections, particularly sections 
II (transparency and predictability of investment measures) and III (streamlining and speeding up 
administrative procedures and requirements), as appropriate. Other  delegations  were of the view 
that the inclusion of specific elements on MSMEs in a multilateral context might require further 
consideration. Some Members call ed for taking into account the discussion s under the joint initiative  
on MSMEs .  
3.7.  As to CSR  and anti -corruption , there was broad convergence among p articipating Members on 
the value  of including provisions on those matter s in the future investment facilitation framework . 
Participating Members were of the view that any provision s on CSR or anti -corruption shall not 
impose obligations on investors since an investment facilitation frame work could only provide for 
obligations on Members.  They also considered that the use of flexibility language or voluntary 
provisions was more appropriate in this context.  INF/IFD/R/9  
 
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  3.8.  As to CSR, p articipating Members who intervened sh ared their specific preference s for the 
elements found in the four different alternatives provided in the working document.  In particular, 
they exchanged views on whether to make reference to  specific internationally recognized standards ,  
principles or instruments . Some dele gations highlighted that a provision on CSR in the framework 
would contribute to promoting benchmarks on CSR at the global level, thereby contributing to further 
promoting sustainable development.  A delegation introduced a concrete proposal for the inclusi on 
of a reference to the importance of due diligence and the existing international standards on CSR 
and responsible business conduct .4 The inclusion of an explicit reference to due diligence in the 
future framework was supported by a number of delegations .  
3.3  Scope  and General Principles (Section  I) 
3.9.  Participating Members deemed it important to includ e a clear provision on "scope " in the future 
investment facilitation framework . Most participating Members were of the view that the framework 
shall apply to foreign direct investment (FDI) , not portfolio  investment ,5 cover the whole investment 
life-cycle and apply in principle to all levels of government .  
3.10.   Participating Members stressed that the scope shall make clear that the framework will not 
cover market a ccess, investment protection and investor -state dispute settlement, as stated in both 
the 2017 and 2019  JMSs. Some participating Members stressed  that the scope of the framework 
shall be looked at in conjunction with the commitments to be provided in the framework  and with 
any clauses on general and security exceptions to be included  therein . It was generally acknowledged 
that further discussion on the framework's scope provision was needed.  
3.11.   Participating Members generally saw value in including a Most -favoured -nation treatment 
(MFN) provision in the future framework.   
3.4  Institutional Arrangements and Final Provisions (Section  VII) 
3.12.   Participating Members who intervened supported  the inclusion of a Committee on Investment 
Facilitat ion in charge of overseeing the functioning of the future framework and monitoring its 
implementation . A number of participating Members considered that alternative two of the working 
document, modelled on Article 23 of the TFA, could be used as a basis fo r setting forth the functions 
of the future Committee. Some Members suggested revisit ing this provision after having more clarity 
on the framework 's substantive provisions.    
3.13.   Participating Members also expressed a preference for the inclusion of final prov isions 
addressing the relationship between the framework and international agreements covering 
investment.  
4  ANY OTHER INVESTMENT  FACILITATION -RELATED ISSUES  
4.1.  Regarding the Preamble of the future framework, one participating Member noted  that the text 
that appeared in the working document provided a good starting point . Another delegation proposed 
to come back to the Preamble at a later stage.  
4.2.  Some delegations r everted to the specific contribution made by one participating Member at a 
previous meeting on the temporary entry for investment persons,6 and sought further clarification 
on some of the terms contained therein .  
4.3.  A delegation reiterated its suggestion to modify the title of section II of the working document  
to "transparency of investment measures" instead of "transparency and predictability of investment 
measures"  – as it stands now – to better reflect the content of the section.  
                                                
4 Document INF/IFD/RD/42, dated 4 Novemb er 2019. Due diligence is the process through which 
enterprises identify, prevent, mitigate and account for how they address the current and potential adverse 
impacts in their operations, supply chains and other business relationships.  
5 Several delegation s recalled that the 2017 Joint Ministerial Statement provided that the structured 
discussions shall seek to identify and develop "the elements of a framework for facilitating foreign direct 
investments" (para. 4), WT/MIN(17)/59, dated 13 December 2017.  
6 Document INF/IFD/RD/41, dated 30 Oct ober 2019.  INF/IFD/R/9  
 
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  5  OTHER BUSINESS  
5.1.  Under thi s agenda item, one participating Member - supported by several Members - proposed 
that the Coordinator should prepare a "streamlined text" building on the working document and 
taking into account the discussions held over the  second part of 2019 . They also proposed that , with 
the aim of achieving a concrete outcome on investment facilitation at MC12  as stated in the recent 
JMS, the discussion should move to a "negotiating mode" in the first semester of 2020 .  
5.2.  On his part , the Coordinator informed that , following the guidance of the 2019 JMS signed by 
98 Members , as well as the statements just made by several participating Members, he would  hold 
informal bilateral consultations  with interested delegations – to which all Members would be invited 
– on the po ssible next steps  of the initiative keeping MC12 on the horizon .7  
5.3.  Finally, turning to the issue of the public availability of documents,  the Coordinator  noted that 
those circulated as room documents  (INF/IFD/RD series ) were restricted , and thus available  only to 
WTO M embers . He informed that he had been approached by stakeholders asking whether these 
documents  and in particular the working document,  could be made publicly available.  Following 
Members ' exchange of views, the Coordinator said that he would hold consultation s with interested 
delegations  on this issue . 
__________  
                                                
7 In his consultations, he would seek Members' views on the following three issues: (i) their assessment 
of the discussions on the basis of the working document in the second half of 2019; (ii) the idea that the 
coordinator moves from the working document towards a streamlined text that would take account of the 
discussions held since September; (i ii) the process envisage d to advance participating Members'  objective of 
achieving a concrete outcome on investment facilitation at MC12 - and whether this should include moving into 
negotiating mode in the first semester of 2020 . The invitation to the inf ormal consultations was sent to all 
Members on 25 November 2019.