INF/IFD/R/7  
 
30 October 2019  
(19-7290) Page: 1/4 
  Original: English  
 
 
 
STRUCTURED DISCUSSIO NS ON INVESTMENT FAC ILITATION FOR DEVELO PMENT  
MEETING OF 17 OCTOBER  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 17 October 2019, coordinated by H.E. Mr.  Eduardo Gálvez (Chile). As 
indicated in the annotated agenda circulated by the Coordinator to all Members on 3 October 2019,2 
its main purpose was to address Sections II (Transparency and predictability of investment 
measures) and IV (Contact/focal point /Ombudsperson types of mechanisms, arrangements to 
enhance domestic coordination and cross -border cooperation) of the Working Document 
(INF/IFD/RD/39).  
1.2 The meeting was well attended with many Members represented by capital -based 
representatives.  The level of engagement and interaction at the meeting was high, with detailed and 
concrete views and suggestions on the different issues discussed.  
2  GENERAL COMMENTS  
2.1 Participating Members  confirmed that the working document provided a good basis for keeping 
on developing the  future investment facilitation framework . They exchanged concrete  and detailed 
views and positions on the different elements/issues discussed , albeit  a few participating delegations 
were not yet in a position to indicate their preferences on specific  wording. Overall, the text -based 
discussion contributed to deepen partici pating Members' assessment  of the elements and issues that 
could form part, or not , of a future investment facilitation framework . Some delegations indicated 
that they would submit written contributions/proposals later on.  
2.2 Participating Members shared  the view that it was important to keep consistency with WTO 
agreements, notably the GATS. The importance of keeping consisten cy with on -going discussions on 
domestic regulation was also stressed by delegations.  
2.3 Many participating Members highlighted t hat it was important to consider, when developing the 
different elements of the framework, the possibility for developing and least developed country 
Members to implement the different provisions according to their particular situation, drawing on 
the Trade Facilitation Agreement  (TFA) , as well as the technical assistance and capacity building 
needed by those Members to implement more far -reaching obligations. The benefits accruing to 
developing and least -developed Members, including domestic investors,  from investment facilitation 
were also highlighted by delegations . 
2.4 A representative from an LDC Member pointed to the importance of counting with the views and 
ground level experience of domestic investment authorities /investment promotion agencies  from 
LDCs and requested that the technical assistance needed to ensure their attendance at forthcoming 
meetings  be made available . In this regard, s ome delegations highlighted the need to further involve 
                                                
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/ 9 dated  3 October . INF/IFD/R/7  
 
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  developing and least -developed country Members . Other delegations emphasized the importance of 
multi-stakeholder involvement, including both government s and business/investors.  
3  TRANSPARENCY AND PRE DICTABILITY OF INVES TMENT MEASURES (SECT ION II)  
3.1 The discussions on Section II of the working document proceed ed on an element -by-element 
basis in the order in which the elements appear in the "Schedule of Meetings  September – December 
2019"3, namely : 
• Publication and availability of measures and information  
• Notification to the WTO  
• Enquiry points  
• Specific exceptions applicable to transparency requirements  
 
3.2 Participating Members agreed that transparency and predictability of investment measures was 
at the core of any investment facilitation framework. In this connection, i t was stressed that lack of 
information ranked top among regulatory obstacles faced by investors.  The importance of enhanced 
transparency for providing a policy and regulatory environment that is hospitable to both traders 
and investors, including small and medium -sized enterprises ( MSMEs), was also highlighted by 
delegations.  
3.3 Delegations were of the view that the elements contained in paragraphs 3.1, 3. 2 and 3. 3 relating 
to the publication and availability of investment measures were pertinent for an investment 
facilitation framework . Many delegations highlighted that they commonly included those types of 
provisions in their regional trade agreements. Discussion among participating Members  focused on 
the types of measures to be covered by each paragraph , particularly  by paragraph 3.1 , as well as 
on the appropriate flexibilit ies for Members based on the language contained in th e different  
paragraphs . The importance of keeping consistency with  the definition of "measure" in Article XXVIII  
a) of the GATS was stressed by delegations.  One delegation sought further guidance on the meaning 
of the word "procedure".  
3.4 Delegations saw value in including provisions aimed at taking advantage of inform ation and 
communication technologies (ICTs) for facilitating access to and disseminating relevant investment 
measures and information . Delegations suggested using general terms to make the framework 
adaptive to technolog ical developments.  
3.5 A number of delegations indicated a preference for applying the requirements on publication and 
availability of investment measures of general application both at the federal /central  and sub -
federal /sub-central  level.  In this  connection , several delegations highlighte d the importance of 
catering for Members' different legal systems.  
3.6 Regarding the publication of specific pieces of information relevant to investors or when an 
authorization is required to invest, participating Members' discussion focused on the different 
alternatives provided for the chapeau of paragraph 3.4, as well as on the non -exhaustive list of 
pieces of information to be published. The importanc e of considering the different stages of the 
investment cycle was highlighted by delegations. Some delegations suggested to merge some sub -
paragraphs, while others suggested to consider pieces of information relevant to prospective 
investors (e.g. incentiv es available ). 
3.7 As to making certain information available through the Internet or "electronic means", s ome 
delegations pointed to the linkages between paragraph 3.5, which dealt among others , with the 
publication online of descriptions of relevant procedures in order to inform investors about the 
practical steps needed to invest, and other paragraphs of the working document that also referred 
to the use of electronic means of publication.   
3.8 Participating Members considered that paragraph 3.8 relating  to publication in advance and 
opportunity to comment on proposed measures was an important element to enhance the 
transparency and predictability of investment measures. At the same time, they were of the view 
that it was important to provide appropriate flexibilities for Members. Participating Members' 
                                                
3 The latest version of the schedule  is contained in document INF/IFD/W/8 .  INF/IFD/R/7  
 
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  discussions focused on the types of measures subject to such a requirement and the different options 
for flexibility language in paragraph 3.8.  
3.9 Participating Members  discussed the different modalities o f notification contained in paragraph 
4.1 of the working document . Regarding the notification of measures, it was stated that it would be 
key to delimit the scope of measures to be notified or , instead,  to focus on the other modalities of  
notification  included in paragraph 4.1  (e.g. notification of official place(s) where relevant measures 
have been published or contact information of enquiry/contact/focal points) .  
3.10 In general, participating Members  saw value in including provisions on enquiry points  or 
"appropriate mechanisms" – term used by several delegations  – to respond to enquiries  from 
interested parties . It was pointed that the provision at issue was largely modelled on paragraphs 
3.1, 3. 3 and 3.4 of the TFA. Participating Members highlighted the interlinkages between enquiry 
points and contact point/focal point types of mechanisms  in Section IV of the working document . 
3.11 Delegations discussed the exception to transparency requirements rela ting to the disclosure of 
confidential information contained in paragraph 6.1, which was based on a similar exception 
contained in Article III bis of the GATS.  Participating M ember s indicated that they generally include 
a similar provision in their region al trade agreements. Besides, one delegation stated that it would 
be important in due time to consider  this exception in light of the more  general exceptions applicable 
to all the framework. Members were of the view that paragraphs 6.2 and 6.3 (which deal with 
treatment of confidential information and information requirements) did not correspond to specific 
exceptions to transparency requirements.  
4  CONTACT POINT/FOCAL POINT/OMBUDSPERSON – TYPES OF MECHANISMS , 
ARRANGEMENTS TO ENHA NCE DOMESTIC COORDIN ATION AN D CROSS -BORDER 
COOPERATION ON INVES TMENT FACILITATION ( SECTION IV)  
4.1 As was the case with  the section on transparency and predictability, t he discussion of Section IV 
of the working document  proceeded on an element -by-element basis , according to  the orde r in which 
the elements appear in the Schedule of Meetings , namely:  
• Contact point/focal point/Ombudsperson types of mechanisms  
• Domestic coordination  
• National Committee on Investment Facilitation  
• Cross -border cooperation   
 
4.2 Discussions among participating Members on contact point / focal point / Ombudsperson types 
of mechanisms focused on the possible functions of such a mechanism  as contained in paragraph 
18.1, sub-paragraphs a) to f) , of the working document . Participating Members were of th e view 
that the focus should be on how such functions contributed to facilitate investment, rather than on 
prescribing the form the mechanism  should take .  
4.3 Participating Members highlighted the importance  that domestic arrangements to enhance 
domestic coordination  will play in  the successful implementation of the future investment facilitation 
framework. While interested in keeping them , participating Members stressed the  non-mandatory 
nature  of paragraphs 19.1 and 19.2 . They also pointed that some of t he issues contained in 
paragraph 19.2 were linked to other paragraphs of the working document. It was noted that 
paragraph 20.1 on National Committee on Investment Facilitation was based on a similar provision 
of the TFA.  
4.4 Finally, p articipating Member s discussed the paragraphs on cross -border cooperation among 
Members on investment facilitation, which included a list of possible areas f or cooperation.   INF/IFD/R/7  
 
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  5  ANY OTHER INVESTMENT  FACILITATION -RELATE D ISSUES  
5.1  No issue was raised under this agenda item.  
6  CONCLUD ING REMARKS  
6.1 The Coordinator stated that, as agreed at the organizational meeting, and based on the detailed 
views  and positions  presented by Members at th is meeting, he would prepare a short summary  of 
the meeting , as well as an assessment under his responsibility of the areas of convergence and of 
common interest emerging from the discussions  as a way to start visualizing the possible future 
development of the elements of the framework .4 Both the summary and asses sment will be non -
attributable and without prejudice to Members' positions and views.  
7  OTHER BUSINESS  
7.1 No issue was raised under this agenda item.  
8  NEXT MEETING  
8.1 The Coordinator informed all participa ting Members that the next substantive meeting will be 
held on 31 October  - 1 November. It will focus on  Section III of the working document devoted to 
"Streamlining and speeding up administrative procedures and requirements ".   
8.2 The Coordinator invited again all Members to provide their clear and concr ete views, positions 
and text contributions on the working document – kindly remin ding them to send any text 
contributions if possible 10 calendar days in advance of the meeting .  
_________ __ 
                                                
4 See paragraph 5 of the Annex of the Annotated Agenda (document INF/IFD/W/ 7) entitled "Proposed 
Working Methodology September – December 2019".