RESTRICTED  
  
JOB/GC/120  
 
31 March 2017  
(17-1795) Page: 1/3 
General Council  Original: English  
 
COMMUNICAT ION FROM THE RUSSIAN  FEDERATION  
INVESTMENT POLICY DISCUSSION GROUP  
The following communication, dated 30 March 2017, is being circulated at the request of the 
Delegation of the Russian Federation.  
 
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1. All WTO Members have undert aken exten sive commitments under the WTO a greements in 
respect of foreign investments primarily in services sectors .  
 
2. As a general rule, national legal frameworks of WTO Members do not differentiate between 
treatment of investments in services or non -services sectors. Basic laws governing establishment 
or activity of a juridical person do not depend on the specific sector of economy where such 
establishment or activity takes place. Specific rules apply only in respect of those sectors where 
additional r equirements or restrictions are necessary like financial, telecom or mining.   
 
3. The same approach is also used in other types of international arrangements. The OECD Code 
of Liberalisation of Capital Movements established a  single set of basic rules for  FDIs irrespectively 
of the sector of economy they were made in. WTO Members are using the same approach 
concluding BITs and FTAs that provide for disciplines covering different aspects of investment 
facilitation.   
 
4. Hence, discussion on coherent multil ateral investment facilitation rules in the WTO is necessary 
for further improvement of investment climate in WTO Members and to increase their efficiency for 
both investors and recipient economies.  
 
5. Such discussions are not intended to cover  such issue s as market access and treatment of 
investments, as well as expropriation and investor -state dispute settlement.  
 
1  MULTILATERAL DISCIPL INES ON INVESTMENT F ACILITATION - ISSUES FOR 
DISCUSSION  
1.1.  Scope of future investment -related arrangements : The WTO a greement s have comprehensive 
scope, covering a priori all types of goods (GATT), traded services (GATS) or IPRs (TRIPS). Same 
approach is relevant in case of investments.  
1.2.  Objectives of future investment -related arrangements : The rules should be aimed at the 
creati on of a transparent, stable and predictable regulatory and administrative framework for 
investors , without questioning the rights of the Members to regulate and without interfering with 
their policies of protection of investments, including issues of natio nalization, expropriation and 
compensation for losses . JOB/GC/120  
 
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  1.3.  Major element s of future investment -related arrangements :  
a. Transparency: The rules should include provisions that provide for transparency for 
relevant regulations concerning investments, as well as el ements that ensure that such 
regulations provide a stable and predictable environment for investments;  
b. Domestic Regulation: The disciplines should be aimed at s treamlining and simplification 
of procedures , in particular with regards to:  
i. Procedures and requ irements for obtaining necessary perm its: The rules should 
ensure that procedures and requirements for obtaining necessary permits are 
reasonable and that all relevant information, including exhaustive lists of 
requirements, is publicly accessible;  
ii. Fees an d charges: The rules should ensure that information on fees and charges is 
publicly available, including information on the reason for such fees and charges, the 
responsible authority and when and how payment is to be made;  and that such fees 
and charges a re commensurate with the costs of services rendered by such 
authority;  
iii. Timeframes for administrative actions: The rules should ensure that information on 
timeframes for administrative actions is publicly available and that such timeframes 
are reasonable an d predictable;  
iv. Dispute prevention and resolution: The rules should include provisions that are 
aimed at the prevention and amicable resolution of investment -related  disputes  by 
availing investor to refer to judicial, arbitral or administrative tribunals or  procedures 
existing within a Member jurisdiction;  
v. Disclosure of Confidential Information: Members should reserve the right to refrain 
from disclosing sensitive information ; 
vi. Single window mechanisms: The rules should encourage the creation of single 
window  mechanisms for investments and include  provisions prohibiting authorities 
from requesting information already submitted by an investor through a single 
window mechanism;  
vii. Electronic procedures and online services: The rules should include provisions for 
adopting or maintaining electronic procedures and online services;  
viii. Penalties: The rules should include disciplines on the imposition of penalties for a 
breach of regulation concerning investment.  
c. Government -Investor feedback elements: The rules should provid e for mechanisms that 
enable investors to provide feedback to governments;  
d. Self-Assessment Mechanisms: The rules should provide for the opportunity for Members 
to self -assess their ability to implement the rules;  
e. Basis for future market access and treatme nt disciplines: The rules should include 
elements for their future development and expansion to regulating market access and 
treatment for investments.  
1.4.  S&D elements of future investment -related arrangements : The rules should take into account 
the level of development of particular Members and their development needs, and include 
provisions for technical assistance and capacity building in this area.  JOB/GC/120  
 
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  2  NEXT STEPS  
2.1.  Launching a discussion among interested Members in order to:  
a. Examine relevant recent internationa l investment -related disciplines  and share 
experience regarding national policies and legal framework;  
b. Examine relation between WTO legal framework and national legislation as well as 
international arrangements among Members;  
c. Explore possibilities to stre ngthening WTO disciplines.  
2.2.  Expanding Membership participation in the discussion in order to multilateralise the possible 
outcomes.  
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