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4 April 2019  
(19-2158) Page: 1/5 
  Original: English  
 
 
 
WTO STRUCTURED DISCU SSIONS ON INVESTMENT  FACILITATION FOR DE VELOPMENT  
MEETING HELD ON 4 MA RCH 2019  – 
ELEMENTS AIMED AT IMPROVING THE TRANSP ARENCY AND PREDICTAB ILITY  
OF INVESTMENT MEASUR ES 
Summary of discussions  by the Coordinator1 
1  INTRODUCTION  
1.1.  On 4 March  2019, t he Structured Discussions on Investment Facilitation for Development held 
an open-ended  meeting , coordinated by H.E. Mr. Juan Carlos González (Colombia). Its main purpose 
was to engage in a concrete, example -based discussion with a view to develop ing the possible 
elements of a multilateral framework  on investment facilitation  aimed at improving the transparency 
and predictability of investment measures.  At the Coordinator's invitation, WTO Director -General 
Roberto Azevêdo delivered opening remarks.  
1.2.  In total , 14 written submissions2 containing  text examples focusing on the "possible elements 
aimed at improving the transparency and predictability of investment measures" were circulated to 
all WTO Members. Examples were tabled  without prejudice to the submitting Members ' position or 
views regarding both the joint initiative and the elements  and/or issues  addressed thereunder . The 
examples submitted drew from Members' regional and bilateral trade and investment agreements, 
WTO text, ongoing domestic regu lation discussions at the WTO , as well as  other text suggestions . 
1.3.  Discussions  at the meeting  focused on the concrete text examples submitted by Members , 
complemented, where appropriate, by examples submitted by the Coordinator drawing from  WTO 
text. Participating Members widely acknowledged t he many similarities  and high degree of 
convergence  among  submitted examples , which  were seen as a positive signal and a good basis to 
build upon . Many Members saw value in taking inspiration from transparency and  predictability 
provisions found in WTO texts – notably including the more recent Trade Facilitation Agreement. 
There was broad agreement that the  concrete examples  presented helped visualize how the different 
elements contained in the checklist could be converted  into operational commitments. While some  
of the submitted  examples  were already adapted to a  multilateral  investment facilitation context, 
many of them needed to be specifically  customized . The value of a multilateral investment facilitation 
framework for the private sector and investors was seen by some participants as an important factor 
to consider in developing the elements.   
1.4.  Participating Members endorsed the preparation , under the Coordinator's re sponsibility, of a 
compendium of examples based on the text-based examples submitted – to be circula ted to all 
Members . 
                                                
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 and questions raised by 
Members at the me eting. 
2 Covering the following 45 Members : Australia; Brazil; Canada; China; Costa Rica; the European Union 
(29); Guatemala; Hong Kong, China; Republic of Korea; Mauritius; Pac ific Alliance (Chile, Colombia, Mexico 
and Peru); Panama; Switzerland; and Uruguay.  INF/IFD/ R/1 
 
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   2  OPENING REMARKS BY W TO DIRECTOR -GENERAL ROBERTO AZEVÊDO  
2.1.  At the Coordinator's invitation, WTO Director -General Roberto Azevêdo delivered  opening 
remarks.  The speech is available at the WTO website 
(https://www.wto.org/english/news_e/spra_e/spra250_e.htm ).          
3  ELEMENTS AIMED AT IM PROVING THE TRANSPAR ENCY AND PREDIC TABILITY OF 
INVESTMENT MEASURES  – EXAMPLE -BASED DISCUS SIONS  
3.1.  The presentations of examples by Members and the Coordinator , as well as  ensuing 
discussion s, proceed ed on an element -by-element basis  in the order in which the elements appear 
in the "Schedule of Meetings  January – July 2019 "3, namely : 
1. Publication and availability of measures and information  
2. Notification to the WTO  
3. Enquiry points  
4. Specific exceptions applicable to transparency requirements  
5. Other transparency -related issues  
6. Any other investment fa cilitation -related issues  
3.2.  There was broad agreement among the participating Members that transparency and 
predictability was at the core of any investment facilitation  framework . It was highlighted that the 
wealth of examples submitted under this theme showed that transparency was a long-established 
and well -understood concept commonly addressed in international trade and  investment 
agreements. Several Members explained how enhanced transparency was critical to help investors 
understand the markets they were entering and the proce dures to establish  or expand  their 
investments. Transparency in legislative and administrative decision -making was widely recognized 
as enabling international investment  and potential investors. It was particularly important for small 
and medium -sized enterprises (SMEs), which ought to be key addressees and  beneficiarie s of any 
investment facilitation effort.  
3.1  Element " Publication and public availability of measures and information "  
 (issues  1-16, 27, 38 -39 and 45  of the checklist ) 
3.3.  There was broad agreement among the participating Members that the obligation to promptly 
publish in a non -discriminatory and easily accessible manner  constitut ed an essential basis  to ensure 
a predictable and stable  investment -enabling environment .4 The many examples submitted by 
Members addressing issues under this element attested to  its role as  a core component of any future 
framework on investment facilitation for development.  Furthermore, examples submitted  under this 
element  displayed  a high degree of commonality in the approach and language . Several Members 
pointed to the fact that many matters contained in the examples submitted would require only minor 
modifications to be incorporated into a multilateral framework on investment facil itation  – such as 
changing " party" to "Member"; and "service suppliers" or "trader" to "investor".  At the same time, 
the examples also contained some aspects that required further reflection : e.g., the levels of 
government involved in the implementation of  the framework.  
• Types of measures and information to be made publicly available  
3.4.  Many  of the examples submitted acknowledged  the importance of promptly publishing or 
making otherwise publicly available new or amended measures – notably laws, regulations, 
procedures and administrative rulings of general application  – to enable Members and other 
interested parties (notably investors ) to become acquainted with them. Regarding the types of 
measures and information to be made publicly available, certain example s submitted adopted a 
                                                
3 The latest version of the schedule, dated 8 March 2019, was circulated to all Members alongside the 
convening notice for the April 2019  meeting. It is available at: 
https://www.wto.org/english/tratop_e/invfac_e/schedule_of_meetings_january_june_2019.pdf  
4 This element was broken down into five broad sub -categories of issues  in the checklist , namely: 1. 
Types of measures and information to be made publicly available; 2. Modalities for making measures and other 
information publicly available; 3. Time -period between publication of measures and their entry into force; 
4. Publication of proposed  measures and opportunity for comments; and 5.  Information available over the 
Internet.  See the checklist of Issues raised by Members dated 9 November, available at: 
https://www.wto.org/english/tratop_e/invfac_e/meet_161118_checklist_e.pdf  INF/IFD/ R/1 
 
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  more detailed approach by listing specific types of measures and/or information deemed particularly 
relevant in the context of investment facilitation. A  number of examples sought to ensure that, to 
the extent possible/practicable, there be a reasonable time between the publication of a law or 
regulation and the date on which that measure must be complied with  (its entry into force) . Some 
examples referred  to the possibility of including , together with the publication , an explanation of the 
objective and rationale  of adopted measures of general application.   
3.5.  In cases  where an authorization was required for the admission/establishment or expansion of 
an inve stment, Members seemed to acknowledge the value of having more detailed publication 
requirements regarding the information necessary for the investor to comply with the administrative 
procedures and requirements to obtain such authorization. Information to  be published could , for 
instance , include  the requirements and procedures  for the authorization , contact information of 
relevant competent authorities , fees, etc. 
• Modalities for making measures and other information publicly available , including 
through t he Internet  
3.6.  Several  examples submitted  required relevant information to be published through official, 
accessible medium s (such as in an official journal of national  circulation)  as well as on an official 
website where feasible .  The issue of the publication language(s) was mentioned. The use of ICT for 
making publicly available and updating relevant measures and information was addressed in a 
number of examples. Some of the se obligations  were worded as 'best endeavours' obligation s, or 
used flexible language (e.g., the mention  of 'reasonable' time) .  
• Publication of proposed  measures and opportunity for comments  
3.7.  Provisions on advance publication and the need to provide a reasonable opportunity to 
comment on proposed measures  before their entry into force  feature d prominently  in the examples 
submitted by Members . Transparency prior to the introduction of measures and the opportunity for 
comments from interested parties was deemed to  help avoid ing unintended effects.  In some cases, 
these provisions  were complemented by  a clause requiring , to the extent possible, to provide an 
explanation of the objective and rationale for the proposed regulation – and/or to consider the 
comments received from interested parties during the comment perio d. 
• Other issues (e.g. transparency aspects of single electronic window)  
3.8.  A couple of examples linked publication requirements with a single electronic window. In 
particular, one example  stipulated that such mechanism shall  provide information on policy, law s 
and regulations relating to the admission, establishment, acquisition and expansion of investments, 
as well as other relevant information (e.g. competent authorities). While such mechanism would 
apply on a federal /national level, the example foresaw that  Members would be encouraged to include 
subnational information  as well .  
3.2  Element " Notification to the WTO " (issues 16 -24 of the checklist)  
3.9.  Many of the  examples submitted concerned the prompt , and at least annual , notification of the 
introduction of any ne w, or any changes to existing laws, regulations or administrative guidelines. 
Some examples provided for  the obligation to  notify (or inform the other Party to the agreement of ) 
both existing and proposed measures that might materially affect the operation  of the agreement . 
Besides, e xamples referred to the notification of uniform resource locators (URLs) for the publication 
of information, as well as the notification  of the contact information of the enquiry/focal points.  
Finally, several Members argued that notification through electronic means , and mechanisms to 
allow timely access and search of notified information , would add considerable value to a framework 
aimed at improving the transparency and predictability of investment measures .  
3.10.   The question of the purpose and users /beneficiaries  of a multilateral notification requirement , 
and of how it could  best be used to facilitate the dissemination of information to the private 
secto r/investors  was also raised during the discussion . At the request of Members , it was decided to 
ask the Secretariat to present the ePing SPS and TBT notification alert platform and notification 
system at the next meeting . INF/IFD/ R/1 
 
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   3.3  Element " Enquiry/focal/contact points " (issues 25 and 26 of the checklist)  
3.11.   The examples submitted by Members referred to obligations to promptly provide information 
and respond to enquiries by other Members about laws, regulations, administrative procedures and 
judicial decisions  of general application as well as international agreements that may affect the 
imple mentation and operation of the agreement, or about any existing or proposed measure that 
may affect the operation of the agreement.  
3.12.   Examples also referred to the establishment of enquiry /focal/contact  points as mechanis ms 
to facilitate communication betwe en Members  on any matter covered by the agreement, to identify 
the office or official responsible for the matter, and to provide assistance to investors (e.g. to provide 
forms and documents).  
3.13.   One example mandate d national focal points  to cooperate with eac h other in various matters 
and to serve as a platform for the exchange of information on procedural requirements and 
documentation associated with investment decisions. One example adapted to the investment 
facilitation context  required  that Members provid e detailed  information through "relevant agencies" 
regarding the regulatory conditions of investment. The role of national focal points in assist ing 
investors from other Member s to resolve investment -related difficulties ( after-care services and one -
stop s upport services ) – and in recommend ing to the national competent authorities, as appropriate, 
measures to improve the investment environment (regulatory advocacy)  were also highlighted.  In 
the ensuing discussion, some participating Members  emphasize d the role of enquiry/focal/contact 
points in relation to enquiries not only from other Members, but also from the private 
sector/investors. The question of how the information to be provided by enquiry points related to 
information that had to be made publ icly available was also raised.  
3.4  Element "Specific exceptions applicable to transparency requirements" (issue 31 of 
the checklist ) 
3.14.   Several  examples submitted by Members included specific exceptions applicable to 
transparency – in most cases relieving Membe rs from their transparency obligations for information 
deemed "confidential" or otherwise "to be protected".  Such information typically included: 
confidential or proprietary business information; information concerning particular investors or 
investments ; and information the disclosure of which would impede law enforcement, be contrary 
to the public interest, or prejudice legitimate commercial interests . One example provided  for 
exceptions to transparency requirements for security reasons, as well as specific exceptions from 
the obligation to publish in advance . 
3.5  Element "Other transparency -related issues" (issue 32 of the checklist ) 
3.15.   In their examples, some Members included "other transparency -related issues" address ing 
topics such as : a general transparency  provision including benefits for SMEs , and the administration 
in a consistent, impartial and reasonable manner of all measures of general application . The 
transparency around administrative systems and procedures was mentioned as an important feature 
to ensure fair processes for investors . Transparency was deemed important also in conducting 
administrative proceedings, which applied to relevant measures.  Finally, some  examples pointed to 
the importance of review and appeal – namely the obligation to establish or maintain tribunals or 
judicial, quasi -judicial or administrative procedures, for the prompt review and, when justified, the 
correction of final administrative actions . 
3.6  Element " Other investment facilitation -related issues"  
3.16.   Under this element,  an example was tabled regarding the role of the investment facilitation 
framework in preventing and combating corruption . 
4  NEXT STEPS  AND OTHER BUSINESS  
4.1.  In concluding the meeting, the Coordinator indicated that following past practice, a summary 
of the mee ting, would be circulated under his responsibility. In addition, as agreed at the 
organization al meeting on 30 January, the Coordinator will also prepare, under his responsibility, a 
compendium of the examples submitted and discussed at this meeting. As su ggested during the 
discussions at this meeting, the idea would be to organize the examples in such a way as to be able INF/IFD/ R/1 
 
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  to identify areas of convergence. The compendium will not, in any way, prejudge the views or 
positions of Members on any of the issues un der discussion.  
4.2.  Continuing with the example -based discussions, the next meeting  will be held on 11-12 April 
2019 and will focus on the possible elements of a multilateral framework aimed at " streamlining 
and speeding up administrative procedures and requir ements ".  
4.3.  It was agreed that the meeting of the Structured Discussions originally scheduled on 15 -16 
May will be moved  to 16-17 May 2019. A revised version of the 'Schedule of Meetings January – July 
2019' with the new dates for the meeting in May was circulated on  8 March 2019 .5 
_________  
 
                                                
5 The latest version of the schedule of meetings was circulated to all Members a longside the convening 
notice for the April meeting of the Structured Discussio ns. It is available at: 
https://www.wto.org/english/tratop_e/invfac_e/meet_161118_checklist_e.pdf .