INF/IFD/R/1 7 
 
23 October 2020  
(20-7359) Page: 1/3 
  Original: English  
 
WTO STRUCTURED DISCUSSIONS ON INVESTMENT  
FACILITATION FOR DEVELOPMENT  
NEGOTIATING MEETING HELD ON 8 AND 9 OCTOBER  2020 
Summary of discussions by the Coordinator1 
An open -ended negotiating meeting of the Structured Discussions on Investment Facilitation for 
Development, coordinated by Mr. Mathias Francke (Ambassador -designate, Chile), was held on 8 
and 9 October 2020. As indicated in the annotated agenda circulated to all WTO Members ahead o f 
the meeting,2 the purpose of this meeting was to continue the negotiations on a multilateral 
framework on investment facilitation for development.  
In keeping with the Joint Initiative 's open, transparent and inclusive nature, all WTO Members were 
invite d to attend  the meeting .  
1  BRIEF INTRODUCTION OF NEW TEXT PROPOSALS SUBMITTED BY MEMBERS SINCE THE 
LAST MEETING  
1.1.  Two written communications were submitted prior to the meeting – one submitted by two 
Members and containing general comments on the negotiations  and outlining areas of interest3 and 
another one providing a general view of the negotiations a s well as  concrete drafting suggestions  to 
insulate the investment facilitation framework from obligations in I nternational Investment 
Agreements (IIAs) .4  
1.2.  In the first communication, the two Members concerned highlighted the importance of clarifying 
the scope of the initiative, and of insulating any outcome from existing and future investment 
treaties, including with respect to investor -state dispute settlem ent. Both delegations also propose d 
that consideration should be given to  concrete actions that capital exporting Members could take to 
incentivize outward investment in a manner that promotes sustainable development in the host 
state. The y held the view t hat the  future framework on investment facilitation for development  must 
also address capacity building in developing countries, including small vulnerable economies  (SVEs)  
and LDCs, in a manner which encourages investment targeted towards their sustainabl e 
development needs. Furthermore, both delegations were of the view that technical assistance and 
capacity building should be available to developing countries, including SVEs and LDCs, during the 
ongoing negotiation s, and welcomed any support that could  be provided to assist in undertaking 
needs assessments to determine any policy, legal, institutional, human resource or other gaps in 
the context of the obligations under negotiation.  
1.3.  Several delegations commented on the communication and stressed the impor tance of 
promoting sustainable investment. They also highlighted that development was at the core of the 
initiative and  looked forward to further discussing provisions on special and differential treatment. 
One Member further agreed that the promotion of s ustainable investment was also the responsibility 
of home states, which prompted  the proposals it had made on investors' due diligence. The same 
Member further reminded  delegations that technical assistance and capacity building for participation 
 
1 This summary, prepared and circulated under the Coordinator 's responsibility, provides a non -
exhaustive, illustrative review of the issues addressed by Members at the meeting.  
2 Document INF/IFD/W/2 6, dated 2 October  2020.  
3 Document INF/IFD/RD/5 6, dated 6 October  2020.  
4 Document INF/IFD/RD/5 7, dated 12 October  2020.  INF/IFD/R/ 17 
 
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  in the ne gotiations was already provided by international organizations, such as the ITC and the 
World Bank. Finally, another Member supported the call made in this communication to insulate the 
investment facilitation framework from IIAs.  
1.4.  In the presentation of t he second communication, the Member concerned focused on the 
concrete drafting proposals contained therein , which aimed at separating and insulating the future 
investment facilitation framework from Members' obligations in their IIAs.  In this Member's view , in 
addition to the exclusion of market access, ISDS and investment protection, the framework should 
include a provision banning the interpretation of provisions in the framework  as a basis of claim s 
under those IIAs. Furthermore, the framework should separate the scope of its obligation s from 
other IIAs ' obligation s so that a breach of the framework could not be considered as a breach of any 
provisions in IIAs. Finally, in the context of MFN, the fr amework should provide  that it would  not 
allow an importation of the framework's obligation s into any other IIA, and vice versa.  
1.5.  Several delegations showed interest in the proposal, which had not yet been circulated at the 
time of the meeting and  looked forward to further engaging in discussi ons with this proponent.  
2  NEGOTIATIONS ON INVESTMENT FACILITATION FOR DEVELOPMENT  
2.1.  Participating Members continued their negotiations on the basis of the latest version of the 
informal consolidated text.5 Negotiations resumed where they were adjourned at th e previous 
meeting, and focused on completing the review of the provisions on transparency (Section II of the 
informal consolidated text) and on  streamlining and speeding up  administrative procedures and 
requirements ( Section III of the same text). The pro visions on enquiry points (in Section II) were 
left outside of the discussions at this meeting, since they will be addressed together with the 
provisions on contact/focal points and similar mechanisms in a subsequent meeting.  
2.2.  As regards Section II of the informal consolidated text, p articipating Members discussed the  
drafting of the provisions on publication and availability of  measures  and information , notification to 
the WTO, and the specific exceptions to obligations on transparency. The provisions on i nformation 
to be published when an authorization is required to invest in a countr y were addressed  in the 
context of Section III due to its relationship with provisions on investment authorization procedures  
included therein . 
2.3.  Before starting the paragraph -by-paragraph discussion on the provisions in Section III, 
participating Members held a n informal conceptual discussion on the  scope of that section  as well as 
of specific provisions contained therein . The discussion was based on guiding questions sent by the 
Coordinator to all Members in advance of the meeting. During this discussion, a preference was 
expressed by participating Members to focus on investment authorization procedures.  
2.4.  After this informal conceptual discussion, participating Members started the discussion  of 
Section III  covering the provisions on the administration of measures of general application, the 
reduction  and simplification of administrative procedures and documentation requirements , the 
criteria for administrative procedures, authorization procedures , treatment of incomplete and 
rejection of applications , fees and charges, information to be published when  an authorization is 
required for investments, the periodic review of administrative procedures and requirements , the 
use of ICT/e -government including electronic applications , and the i ndependence of competent 
authorities .  
2.5.  In concluding the meeting, the Coordinator praised the high level of engagement displayed by 
participating Members. In his view, discussions showed significant common ground among 
delegations as well as many similarities in the different proposals concerning the provisions in 
Sections I I and III of the informal consolidated text addressed so far.  
2.6.  Taking as a basis  Members' written proposals  submitted for this meeting, those already inserted 
in the informal consolidated text , as well as  the detailed discussions on Sections II and III  at this 
and the September meeting s, the Coordinator announced that he would prepare, under his 
responsibility, revised draft text consolidating text proposals, eliminating redundancies and 
streamlining the current text of those provisions  addressed thus far . He also announced that he  
 
5 Document INF/IFD/RD/50/Rev.3, dated 7 O ctober 2020.  INF/IFD/R/ 17 
 
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  would convene an open -ended intersessional negotiating meeting on 29 October to discuss such 
drafting suggestions. He expressed the  hope that this would enable the negotiations to make 
progress and show concrete results by the end of the year.  
2.7.  Participating Members welcomed the initiative by the Coordinator to put forward revised text 
for the provisions discussed, and to hold an inter sessional meeting.  
3  NEXT MEETING  
3.1.  As indicated above, an open -ended intersessional meeting to discuss the revised text by the 
Coordinator will be held on 29 October 2020. Following that, as foreseen in the schedule of meetings, 
the next  regular  negotiating m eeting will be held on 9 -10 November 2020 to continue the discussion 
of provisions in the informal consolidated text.  
3.2.  The Coordinator encouraged all Members wishing to do so to send their text proposals or 
contributions as early as possible before the November meeting. A revision of the informal 
consolidated text incorporating the latest written proposals will be circulated ahead of the meeting.  
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