INF/IFD/R/ 20 
19 February  2021 
(21-1407) Page: 1/4 
  Original: English  
 
  
WTO STRUCTURED DISCUSSIONS ON  
INVESTMENT  FACILITATION FOR DEVELOPMENT  
NEGOTIATING MEETING HELD ON 25 AND 26 JANUARY 2021  
Summary of discussions by the Coordinator1 
An open -ended negotiating meeting of the Structured Discussions on Investment Facilitation for 
Development, coordinated by Ambassador Mathias Francke (Chile), was held on  25 and 26 
January  2021.  As indicated in the annotated agenda circulated to all WTO Members ahead of the 
meeting2, the purpose of this meetin g was: (a) for the Coordinator, to debrief Members about his 
recent informal bilateral consultations with interested Members and briefly present the organization 
of work for the first half of 2021; (b) to discuss the revised draft text prepared by the Coordinator  
circulated to all Members on 13 January 2021;  and (c) to continue the negotiations on an Agreement 
on investment facilitation for development  (IFDA) .  
1  DEBRIEFING ABOUT THE COORDINATOR'S INFORMAL BILATERAL CONS ULTATIONS  
AND ORGANIZATION OF WORK FOR THE FIRST HALF OF 2021  
1.1.  Following an invitation sent to all Members, the Coordinator conducted informal bilateral 
consultations with a large number of Members, including developing and least developed country 
(LDC) Members, in the week prior to the  plenary  meeting. From those consultation s he gathered 
that Members' shared objective for this new phase of the negotiations was to progress as much as 
possible on the development of the specific provisions of the future IFDA – keeping in mind the final 
objective of reaching a substantive outcome at MC12. Work would need to be organized accordingly, 
and mid -term objectives and milestones would need to be set.  
1.2.  Turning to the organization of work, the Coordinator  explained that the proposed calendar of 
meetings (INF/IFD/W/29) provided for monthly two -day negotiating meetings between January and 
July 2021. In addition, one -day intersessional meetings might be held , as necessary. During the 
upcoming months, the negotiations would c ontinue to be conducted on the basis of the Informal 
Consolidated Text,3 and the Revised Draft Text prepared by the Coordinator.  
1.3.  On the process itself, the Coordinator considered that it had become evident that work must 
be stepped up, particularly on so me key provisions/sections of the future Agreement . Part of that 
work could be conducted in "small groups" or "discussions groups" focusing on specific topics. Such 
work in small groups needed to be guided by some basic parameters to ensure transparency an d 
inclusivity, as well as concrete outcomes. Firstly, small groups shall be open to all interested 
Members, and shall report to the plenary. All Members must be informed in advance of the dates 
when such groups would meet. In addition, the facilitators of the discussion groups shall remain in 
close contact with the Coordination - so that the Coordination may be able to assist their work where 
and when needed. Secondly, the groups' work shall be focused and outcome oriented  – with clear 
milestones and the objective of contribut ing with concrete options and text proposals to the plenary. 
As to the specific sections or provisions that could be addressed in small /discussion  groups, t he 
consultations showed delegations' interest in foc using , notably , on scope and the 'firewall' provisions, 
and transparency. Other issues might emerge as the negotiations advance. The Coordinator 
confirmed that Colombia would continue to coordinate the discussion group on scope and firewall 
provisions  – based on the above -mentioned parameters. If needed, the Coordinator might also 
convene informal groups on specific elements or issues , in which case full transparency would also 
be ensured.  
 
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/ 30 dated 20 January 2021.  
3 Latest version contained in document  INF/IFD/RD/50/Rev.8 – updated on an ongoing basis.  INF/IFD/R/ 20 
 
- 2 - 
 
  1.4.  The Coordinator also encouraged Members who had submitted proposals covering the same 
provisions to work together and submit joint proposals, with a view to facilitating convergence 
around specific elements or issues. Those joint proposals, as well as other proposals - including 
revised ones - should contain spec ific drafting text and ideally be based on the Revised Draft Text , 
taking into account on -going discussions.  
1.5.  Another important point that emanated from the consultations was the need to further increase 
Members' participation in the negotiations. With that  in mind, the Coordinator indicated that he 
would reach out to the representatives of the different regional groupings, as well as other major 
groups in the coming weeks to discuss ways to ensure that participants are not left behind in the 
process, and th at appropriate channels can be found for them  to express their views, interests and 
concerns on the issues being discussed.  
1.6.  Turning to the mid -term objective of this new phase of the negotiations, the Coordinator 
expressed his intention to prepare and cir culate - around Easter - a compilation of all the Revised 
Draft Texts presented by the Coordination and discussed by participating Members by then - the 
'Easter Text'. In the relevant sections and subsections covered by the 'Easter Text', the latter would 
replace the 'Informal Consolidated Text', and the relevant proposals by Members would be included 
in an Annex. In sections and subsections where the Coordinator had not presented 'Revised Draft 
Text', the Informal Consolidated Text, together with the propo sals submitted by participating 
Members, would remain unchanged. The immediate objective would be to cover as many provisions 
as possible in the 'Easter Text'. Between Easter and July, the idea would be to build upon the Easter 
Text, as a single text and m ain basis for drafting,  enriching it as much as possible on the basis of 
discussions carried out both in the plenary and in small groups. At the meeting in July, participating 
Members would take stock of progress made and plan ahead.  
1.7.  The work plan and proc edures outlined by the Coordinator were widely supported and endorsed 
by participating Members.  
2  NEGOTIATIONS ON INVESTMENT FACILITATION FOR DEVELOPMENT  
2.1  General introduction and discussion of new text proposals submitted by Members 
since the last meeting  
2.1.  Three new text proposals were presented at the meeting: i) a comprehensive proposal 
addressing various provisions spread over various sections of the Informal Consolidated Text;4 ii) a 
joint communication  by two Members on the facilitation of the entry and temporary stay of business 
persons for investment purposes,5 which replace d the previous proposals on the same element 
separately submitted by the same Members; iii) a proposal regarding certain specific provisions 
contained in the informal cons olidated text6; and, iv) a revised proposal on measures against 
corruption .7 The first three proposals were discussed in detail  at this meeting , while the revised 
proposal on anti -corruption would be addressed at a forthcoming meeting due to lack of time . 
2.2  Discussion of new elements contained in proposals submitted by Members since the 
last meeting  
2.2.  Under this agenda item, one of the proponents referred to above8 presented its proposal 
concerning new elements, namely : a) compliance with domestic laws and international obligations 
(section III Quater  of the Informal Consolidated Text); b) maintenance of public health, labour, 
environmental and safety standards (element 7 in section VI); and c) social and environmental 
responsibility (element 10 in section V I). 
2.3.  On the first issue, i n the Member's view , the future IFDA should strike a balance between 
Members' and investors' commitments . Addressing questions raised by other Members, it clarified 
that, in its view , the Agreement should apply from the moment the investment was authorized . 
Therefore, it would not apply to the initial stages (prospecting activities , etc.)  of a given investment.  
 
4 Document INF/IFD/RD/ 64 of 12 January 2021. 
5 Document INF/IFD/RD/65 of 19 January 2021.  
6 Document INF/IFD/RD/66 of 20 January 2021 . 
7 Document INF/IFD/RD/67 of 2 5 January 2021.  
8 Document INF/I FD/RD/64.  INF/IFD/R/ 20 
 
- 3 - 
 
  As for the maintenance of  standards on public health, labour, the environment and  safety, the 
proponent  explained that the proposal aimed at ensuring that Members recognized that national  
laws and regulations in this area  should not be relaxed to encourage investment . This was closely 
related to the approach outlined above regarding in vestor s' responsibilities . Finally, the proposal 
underlined the social and environmental dimensions of investments taking  a positive approach to 
social and environmental responsibility. The objective was to promote socially responsible 
investment so as to turn it into a c ompetitive advantage for companies committed to social and 
environmental responsibility.  
2.4.  In their general comment s on th e proposal, some Members questioned  limiting the scope of 
the future A greement to post -establishment  only – stating tha t transparency and some obligations 
related to authorization procedures should apply also at the pre-establishment  stage . Further, 
doubt s were cast  as to whether specific provisions on compliance with domestic law  were necessary 
in the context of a future IFDA . 
2.5.  The proponent indicated that it was ready to c ontinue discussions with any interested Member s 
with a view to making progress on the future IFDA . 
2.3  New proposals contained in Section III bis of the Informal Consolidated Text  
2.6.  Under this agenda item, participating Members discussed the joint proposal by two Members 
on facilitation of the entry and temporary stay of business persons for investment purposes9, as well 
as a new text proposal on f acilitation of the movement of natura l persons for investment purposes 
contained in one of the other proposals presente d at the meeting.10 
2.7.  In presenting their joint proposal,11 the two Members concerned explained that they had 
removed elements from their previous individual proposals so as to  make them more palatable . One 
of the  proponents considered that further guidance f rom Members regarding its proposal on multiple 
entry visas and the definition of businessperson  would be helpful . 
2.8.  In presenting the other proposal, the Member concerned expl ained that it applied only to 
measures affecting the entry and temporary stay of natural persons of a Member who carried out 
investment activities in the territory of another Member. The proposal did not apply to measures 
affecting natural persons seeking to access the labour  market of a Member, nor to measures relating 
to citizenship, residence or employment on a permanent or temporary basis  – nor would it prevent 
a Member from applying measures to regulate the entry or temporary stay of natural persons in its 
territory . The objective was to grant the necessary permissions for the entry, exit, stay and work of 
natural persons of another Member having a permanent or temporary relationship with the 
investment, such as administrators, experts and technicians, in accordance with the legislation in 
force in the Member concerned. To this end, it was proposed that Members make available online 
information on the relevant requirements and procedures for admission and temporary stay. It was 
also proposed that each Member process w ithin a reasonable period of time complete applications 
for admission and temporary stay submitted by natural persons of other Members and notify the 
applicant of the decision on his/her request.  
2.9.  While a few  Members supported the proposals in general terms, still raising questions and 
concerns over specific aspects – other Members considered that both proposals addressed issues 
pertain ing to immigration policies , which  fell outside the scope of  an agreement i ntending to facilitate 
investments.  
2.10.  In summing up the discussions, the Coordinator considered that more work was required on 
this issue and encouraged the proponents to further discuss with other Members, in particular with 
those who question ed the inclusi on of these type of provisions in a future IFDA.  
 
9 Document INF/IFD/RD/65.  
10 Document INF/IFD/RD/64.  
11 The joint proposal (INF/IFD/RD/65)  replaces the previous proposals on this element submitted by 
each Member, respectively, in documents (INF/IFD/RD/48) and (INF/IFD/RD/49).  INF/IFD/R/ 20 
 
- 4 - 
 
  2.4  Discussion of the Revised Draft Text prepared by the Coordinator  
2.11.  Participating Members reviewed the latest version of the Revised Draft Text  put forward by 
the Coordinator  covering both the revisions made t o the previous version and newly added 
provision s.12 The revisions to the previous version of the revised draft text13 were based on the 
discussions held at the intersessional meetings of 29 October and 27 November 2020, and concerned 
articles 3 and 4 in s ection II; articles 7, 8, 10, 11, 12, 13 and 14 in section III; as well as articles  15 
and 16 in section IV. Newly added revised draft text, based on Members' discussions held at the 
intersessional meetings on 23 and 27 November 2020 and at the regular mee ting on 7 -8 December 
2020, were put forward on paragraphs 1.4 and 1.5 of article 1 (Scope) in section I, and article 28 
(WTO Committee on Investment Facilitation) in section VII. Overall, p articipating Members  
welcomed the latest version of the draft text, with some issues under the section on 'Transparency 
of investment Measures' to be discussed  at the forthcoming meeting . 
2.5  Continuation of the negotiations based on the Informal Consolidated Text  
2.12.  In the remaining time available, participating Members continued negotiations based on the 
latest version of the Informal Consolidated Text14 and any other available text proposals by Members 
not yet incorporated into it, as appropriate.  
2.5.1   Risk management techniques and "silence is consent" principle (element 10 Bis in 
section III of the Informal Consolidated Text) 
2.13.  Discussions addressed a specific proposal on these issues submitted by a Member.15 
Participants that commented on the proposal considered that the "silence is consent" principle was 
useful for investors  and noted that the provision was drafted as an encouragement to Governments, 
but considered nonetheless that it might be difficult to incorporate it in an agreement. The proposal 
on risk management techniques  was also deemed by some Members as too prescri ptive. One 
Member suggested that these issues could be part of a work program in the future WTO Committee 
on Investment Facilitation.  
2.14.  The proponent indicated that it would work on a revised proposal on these issues.  
2.5.2   Fees and charges – Financial services (e lement 12 Bis in section III)  
2.15.  The discussion was based on a specific proposal by a Member.16 The proponent explained that 
its proposal aimed at adapting certain provisions of an IFDA to the specific context of financial 
services, propos ing alternative text to Article 12 (Fees and Charges) as it would apply to financial 
services . Several  delegations agreed with the need for a specific provision on fees and charges 
applicable in the financial sector. In reply to a question, the proponent clar ified that the proposal 
was not meant to add obligations to the general provision on fees and charges, but  rather to cater 
for the specificities of financial services.  
3  NEXT MEETING  
3.1.  The Coordinator informed participating Members that an intersessional meet ing would be held 
on 9 February 2021. The main purpose of that meeting would be to hold a dedicated discussion on 
section II (Transparency of Investment Measures) of the Revised Draft Text, for which guiding 
questions would be circulated; and to discuss th e "firewall" provisions (relating to the insulation of 
the future IFDA from international investment agreements  - IIAs), on the basis of the outcome of 
the deliberations  of the discussion group on scope -firewall. Time permitting, participants w ould 
continu e negotiations on the basis of the informal consolidated text.  As foreseen in the schedule of 
meetings, the next regular negotiating meeting w ould be held on 8 and 9 March 2021.   
__________  
 
12 Revised Draft Text by the Coordinator, restricted document without symbol, dated 13 January 2021 – 
which was circulated to all Members.  
13 Document without symbol, dated 23 November 2020, circulated to all Members.  
14 Document INF/IFD/RD/50/Rev.7, dated 19 January 2021.  
15 Document INF/IFD/RD/58, dated 23 Oct ober 2020.  
16 Document INF/IFD/RD/59, dated 10 November 2020.