INF/IFD/R/12  
 
23 June 2020  
(20-4376) Page: 1/5 
  Original: English  
 
 
 
WTO STRUCTURED DISCU SSIONS ON  
INVESTMENT FACILITAT ION FOR DEVELOPMENT  
OPEN -ENDED INFORMAL VIRTUAL MEETING HELD ON 5 JUNE 2020  
Summary of discussions by the Coordinator1 
An open -ended informal virtual meeting of the Structured Discussions on Investment Facilitation for 
Development was held on 5 June 2020, coordinated by Mr. Mathias Francke  (Ambassador -designate, 
Chile).2  As indicated in the "Proposed Schedule of Open -Ended Informal Virtual Meetings, Ju ne-
July 2020" and the annotated agenda3 circulated by the Coordinator to all WTO Members ahead of 
the meeting , its main purpose was to allow delegations share information , present their text 
proposals and contributions,4 and resume thematic  discussions  on the basis of the informal 
consolidated text circulated by the Coordinator to all WTO Members.5  
In keeping with the Joint Initiative's open, transparent and inclusive nature, all Members have been 
invited to attend and participate in this fi rst open -ended virtual meeting – with two further meetings  
scheduled for 24 June and 10 July .6 
1  INTRODUCTION BY THE COORDINATOR AND REVI EW OF LATEST DEVELOP MENTS  
1.1.  The Coordinator reiterated the objectives and modalities of the se three informal meetings,  
restating that th ey would not serve the purpose of conducting negotiations and, consequently, would 
not lead to decision -taking or drafting suggestions by the Coordinator.  
1.2.  Turning to the latest developments since the preceding  meeting ,7 Morocco and Mauritius 
inform ed participating Members of their decision to formally join the initiative .  The representative 
of Morocco stressed his country's conviction of investment's key role in achieving sustainable 
development objectives.  The representative of Mauritius  stated his authorities' decision to join the 
initiative as communicated in document INF/IFD/W/ 20 – emphasis ing that a properly designed 
framework on investment facilitation at the WTO could send a strong signal to investors  and assist 
them in their cross -border investment decisions.  
1.3.  Participating Members  and the Coordinator  welcomed and expressed their appreciation to the 
two new  members , highlighting  that the initiative  now counted with  the support of over 100 
Members . A delegation stressed the importance of special and differential treatment – including 
 
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 The meeting was conducted o ver the Interprefy virtual platform.  
3 Document s INF/IFD/W/18 and INF/IFD/ W/19 respectively.  
4 Text contributions have been submitted by Argentina  (INF/IFD/RD/42) , and text proposals have been 
submitted by  China (INF/IFD/RD/48) , the European Union (INF/IFD/RD/46) , Japan (INF/IFD/RD/47) and 
Turkey (INF/IFD/RD/49) . Qatar also circulated a communication (IN F/IFD/RD/51) providing initial comments 
on the streamlined text circulated by the Coordinator in January 2020 (INF/IFD/RD/45).  
5 Document INF/IFD/RD/50 dated 22 April 2020.  
6 See " Revised  Schedule of Open -Ended Informal Virtual Meetings June -July 2020 " 
(INF/IFD/W/18/Rev.1) . 
7 Organizational meeting held on 27 February 2020.  The subsequent substantive meetings scheduled to 
take place on 12 -13 March, 21 -23 April, 13 -15 May and 28 -29 May 2020 had to be cancelled due to the 
COVID -19 pandemic.  INF/IFD/R/ 12 
 
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  transition periods for implementation, technical assistance and capacity building – to enable 
developing and LDC Members  to implement a future investment facil itation framework.     
2  GENERAL INTRODUCTION OF TEXT PROPOSALS AND C ONTRIBUTIONS BY MEMB ERS 
2.1.  The four participating Members who submitted text proposals since February 20208 took the 
floor to introduce  them in general terms , followed by general questions and comments  from 
delegations .    
2.2.  The first  delegation  who took the floor explained that its proposal9 aimed at contribut ing to a 
meaningful  investment facilitation framework , while ensuring  the highest possible  consistency with 
the existing WTO legal framework, and notably the GATS. Extending the GATS' transparency and 
good governance standards  applying in services sectors to investment in all sectors  was a way to 
ensure legal consistency , as well as a first step to improve the conditions for  all foreign investment , 
beyond services . It was important to avoid conflicting requirements between th is initiative and the 
one on services domestic regulation . The proposal also built on concepts and principles of the WTO 
TFA, which was a clear point of reference. In addition , it took inspiration from their bilateral 
agreements , and from provisions shared by participating Members over the course of the 
discussions . The proposal fu lly respected the scope of the initiative  and clarified that its provisions 
would not undermine the commitment s that Members ha d undertaken in other agreements. The 
delegat e pointed out that  the proposal included some placeholders : certain  key elements (su ch as 
special and differential treatment, MFN, exclusions from scope of application) could be elaborat ed 
only once the framework's rules and obligations  would be further developed . Thus, it reserved its 
right to submit proposals on specific issues at a lat er stage.  
2.3.  The second  delegation who took the floor explained that  its text proposal10 aimed at 
complement ing the streamlined text , by focus ing on three elements:  scope ; security and financial 
exceptions ; and the temporary entry of investment persons. The  proposal tried to answer some key 
questions relating to scope – such as the types of investments that the framework shall apply to; 
which sectors it would cover ; whether it would cover the full lifecycle of investment activities;  and 
whether it shall apply both to central  and local government levels . The proposal also specified certain 
excluded areas (government procurement, public concessions and subsidies ) and, under its 'scope ' 
section,  address ed the ex clusion of obligations with respect to  market access, investment protection 
and ISDS.  The delegate expounded that the proposal also contained horizontal security and financial 
exceptions  based on similar language borrowed from their investment treaties. Lastly, the proposal 
contained provisions on the temporary entry of investment persons , which sought to respond to 
repeated calls his delegation ha d received from the domestic and foreign business community . 
Acknowledging the sensitivity of this topic, the proposal only applied to temporary entry and only 
involved transparency and some procedural requirements.  
2.4.  The third  delegation who took the floor stressed the value it saw in delivering a  meaningful 
investment facilitation framework and its readiness to negotiate ambitious rules to facilitate 
investment and enhance transparency , to which all participating Members would bear equal 
commitment. The delegation stressed that its text proposal11 did not prejudge its position with 
respect to the final negotiated outcome including its final format . Touching up on two substantial 
features  of their proposal,  the delegate first highlighted  the new rules on transfers and subrogation  
based on language used in standard bilateral investment treaties. These rules could help alleviate 
investors’ financial and administrative concerns, while not addressing market access or investment 
protection issues , which were agreed not to be dealt with in the framework . Secondly, the delegate 
highlighted his country's initial views on special and differential treatment (S&DT) and capacity 
building  contained in Section  V of the proposal . His delegation held the view that S&DT must be 
granted  only to those developin g and LDC Members in real need of it, and to the extent necessary. 
As for technical assistance and capacity building, further discussion was required to devise an 
efficient framework to help those Members who need ed it and to the extent required for 
implem enting the negotiated rules . 
 
8 See documents INF/IFD/RD/46 , INF/IFD/RD/47 , INF/IFD/RD/48 and INF/IFD/RD/49 . 
9 Document INF/IFD/RD/46.  
10 Document INF/IFD/RD/48.  
11 Document INF/IFD/RD/47.  INF/IFD/R/ 12 
 
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  2.5.  Finally, the fourth delegation  explained that  its text proposal12 focused on priority issues to 
them, namely: objective ; scope  and definitions ; and the facilitation of  the movement of 
businesspersons for investment purposes . In her delegation's view, t he provisions on objective, 
scope and definitions were key to define the framework's rights and obligations. Her delegation 
believed that an 'objectives' article would serve a s an anchor to ensure that any future obligation s 
would serve the basic objective s of the framework.  The proposed provisions on 'scope' highlighted, 
inter alia, that the framework did not confer any market access or establishment rights. The proposal 
also provided detailed definitions of 'investment', 'investor' and further key elements. Finally, the 
section on movement of business  persons  for investment purposes, focusing on entry and temporary 
stay based on GATS terminology , sought addressing one of the l eading administrative hurdles 
experienced by their investors abroad . Since the 'scope' provision excluded any market access 
commitment, th is section aimed solely at developing transparency a s well as procedural  and good 
governance principles for the admini stration of entry and temporary stay application processes.13    
2.6.  The presentations were followed by a first round of general questions and comments. Further 
to a question raised,  all four proponents clarified that the ir proposals  cover ed investment activities 
both in services and non -services sectors  – pending the possible determination of specific sectors 
that would need to be excluded.  Reiterating its full commitment to the process, a participating 
Member advocated a thorough discussion  of the framework's scope of application . Another  
participating Member announced it s intention to table a new proposal before the summer break.   
3  INTRODUCTION  OF THE INFORMAL CONS OLIDATED TEXT BY THE COORDINATOR  
3.1.  The Coordinator explained that the informal c onsolidated text had been prepared based on the 
January 2020 streamlined text  – itself a distillation of the extensive example -based and subsequent  
text-based discussions conducted in 2018 -19. The consolidated text included the text contributions 
and proposals submitted by Members up to end March 2020.14  While the document aimed at 
assisting Members in further developing the elements and specific provisions of the framework – its 
structure, content and wording did not, in any way, prejudge the posi tion or views of any delegation 
on the issues under negotiation. The Coordinator provided a brief overview of the informal 
consolidated text, including the criteria followed to prepare it, as explained in the document's cover 
note. 
3.2.  Participating Members strongly supported  the informal consolidated text as the basis for the 
discussions and future negotiations.  A participating Member expressed  the need to look at the 
interaction between obligations in the future investment facilitation framework under the WTO , and 
existing ones under bilateral investment  treaties  and free trade agreements.  
4  THEMATIC DISCUSSION  
4.1  Section II: Transparency of investment measures  
4.1.1   Sub-section II.3: Publication and availability of measures and information  
[including by electronic means ]15 
4.1.  The Coordinator reviewed  the corresponding core publication obligations contained in the 
informal consolidated text  – before inviting the two  Members , whose text proposals contained 
drafting suggestions pertaining to this sub -section , to present their  submissions . 
4.2.  The first delegation who took the floor introduced its text proposal16 by stressing the 
importance – frequently highlighted by investors, international organizations and academics – that 
relevant information be made available online , whenever possible . Para. 1 of their proposal  
reproduce d the general publication requirements already existing under the GATS with regard to all 
"measures of general application " covered by the agreement . The language "or otherwise make 
publicly ava ilable in writing" and related  footnote (inspired from the services domestic regulation 
 
12 Document INF/IFD/RD/49.  
13 As a result,  any decision of whether to grant an entry and temporary stay permit to a "business 
person of another Member" remained exclusively under the government 's sovereign authority . 
14 Namely the text contribution INF/IFD/RD/42 , as well as the text proposals INF/IFD/RD/48, 
INF/IFD/RD/46, INF/IFD/RD/47and INF/I FD/RD/49.  
15 As contained in the informal consolidated text INF/IFD/RD/50, pp. 10 -13. 
16 Document INF/IFD/RD/46 dated 27 February 2020.  INF/IFD/R/ 12 
 
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  text) was added to provide additional flexibility  in publication methods .  Para. 2 proposed language 
on mandatory online publication of specific  information relevant to FDI,17 which was inspired from 
the WTO TFA and aimed at helping investors answering basic questions .18 The delegate stressed 
that publishing such information did not amount to covering market access . The language under 
para. 3 , which  focused on the practical steps needed to invest,  was again inspired by the TFA  and 
included an indicative list of elements buil t on feedback received from investment promotion 
agencies, work by international organizations , and international surveys .  Para. 4 under the  
element  3.2 "information to be published when an authorization is required to invest in a country"19 
built on language agreed in the services domestic regulation text , which could be used as a starting 
point. Para. 5  of their proposal (no -imposition of fees for access to information)20 addressed  an 
important concern notably of MSMEs  – building on language contained in  the MSMEs chapter of the 
delegation's bilateral agreements. Regarding element 3.3 "publication in adva nce and opportunity 
to comment on proposed measures", the proposal built on language included in the services domestic 
regulation text , which provided flexibility language to take into account the diversity of WTO 
Members' legal systems  (letter a.) ; letter  b. thereunder provided an additional, more flexible 
alternative .21 
4.3.  The second delegation present ing its proposal highlighted the importance of publi shing relevant 
information both for businesses/investors and for Members. Under element 3.1 ( Publication and  
availability of measures ), his delegation preferred stipulating the concrete measures to be 
published22 (excluding judicial decisions) – instead of the term  "measures of general application".   
4.4.  In their comments, many participating Members stressed that the provisions on transparency 
constituted a core pillar of the framework. A delegation advocated further discussion about the 
addressees/recipients of the information  to be published  in order to better understand the differen t 
terms  used in the informal consolidated text.23 With respect to element 3.1 "Publication and 
availability of measures" of the informal consolidated text (and related proposals), participating 
Members discussed the merits of including a list of measures versus the generic reference to 
"measures of general application" ( following GATS Art. III:1).24  In response to a question raised on 
the scope of the term "procedures" used in subsection II.3 of the informal consoli dated text – a 
delegation clarified that its proposal addressed only the procedures in the interactions between an 
investor and the host -country administration. Finally, a participant Member stressed the importance 
of the information to be published when a  Member require d authorization for an investment in its 
territory to be made available also in one of the official languages of the WTO.25  Several participant 
Members supported and stressed the importance of the proposed flexibility language under the 
element 3.3. " Publication in advance and opportunity to comment on proposed measures " – in line 
also with the language agreed in the services domestic regulation initiative .  
5  OTHER BUSINESS AND N EXT MEETING  
5.1.  The Coordinator informed Members about the change of date of the third  informal meeting, 
which would  be held on 10 July  2020.  He announced  that he would circulate a short non -attributable 
informal summary of the meeting to all WTO Members . He highlighted that,  at the following  open-
ended informal virtual meeting ,26 the thematic  discussion s would resume starting from Section  II, 
Element  4 "Notification to the WTO"  of the informal consolidated text .27 He encouraged Members 
 
17 The delegation clarified that para. 2 of its proposal aimed to replace para. 3.4 of the informal 
consolidated text.  
18 Such as: Are investors  allowed to invest in this sector  and, if so, under which conditions?  Whom do 
they need to contact when seeking authorization for their investment ? 
19 Included on top of p. 12 of the informal consolidated text.  
20 Included in the middle  of p. 12 of the informal consolidated text.  
21 By allowing , as an alternative  to publish ing in advance the laws and regulations themselves, to 
publish in advance documents providing sufficient details about such possible law s or regulation s. 
22 Namely " laws, regulations, procedures and administrative rulings of general application with respect 
to any matter covered by this framework ". 
23 E.g., "interested persons and the other Members", "investors or persons seeking to invest", 
"investors", "  governments, investors, and other interested parties ", etc.  
24 In this context, a participating Member referred to the 2012 Note by the WTO Secretariat on the use 
of the term "measures of general application" in WTO agreements.  See documents S/WPDR/W/47 and 
S/WPDR/ W/47/Corr.1.  
25 Element 3.2, sub -paragraph 3.9 of the informal consolidated text, p. 12.  
26 That would take place in the afternoon of 24 June  2020.  
27 Informal consolidated text, p. 13.  INF/IFD/R/ 12 
 
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  wishing to submit text proposals or contributions to do so in advance of the next meeting.  He also 
incited Members to exchange their questions and comments on the proposals and other submissions 
in writing . Such written questions, comments and answers could be circulated by the Coordinator to 
all Members . 
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