JOB/GC/169  
 
1 February 2018  
(18-0737) Page: 1/11 
General Council  Original: English  
 
 STRUCTURED DISCUSSIO NS ON INVESTMENT FAC ILITATION  
COMMUNICATION FROM B RAZIL  
The following communication, dated 31 January 2018, is being circulated at the request of the 
delegation of Brazil . 
 
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On 13 December 2017, on the margins of MC11, 70 Members circulated the Joint Ministerial 
Statement on Investment Facilitation for Development, calling for the beginning of "structured 
discussions with the aim of developing a multilateral framework on investment facilitation" 
(WT/MIN/(17)/59).  
 
In order to contribute to this goal, Brazil submits the attached draft, which contains a concrete 
illustration of a possible WTO multilateral framework for this topic. This submission is not meant to 
be a negotiating proposal, but rather (i) a platform (am ong others) to promote more focused and 
text-based discussions, as well as (ii) a response to the call made in th e Joint Ministerial 
Statement with regard to the "importance of continuous outreach to WTO Members, especially 
developing and least developed M embers".  
INVESTMENT FACILITAT ION AGREEMENT  
Members,  
 
Recognizing the importance of investment for the growth and development of the world economy;  
 
Wishing to establish a multilateral framework of principles and rules for facilitating sustainable  
investmen t flows as a means of promoting the economic growth of all trading partners and the 
development of developing countries;  
 
Recalling the importance of ensuring coherence regarding the legal framework applicable to the 
facilitation of investment in services  and in non -services sectors ; 
 
Aiming to provide investors with a transparent, predictable and efficient regulatory and 
administrative framework;  
 
Seeking to facilitate the dialogue between governments and investors on matters related to 
investments;  
 
Recognizing that the provisions of this Agreement are intended to stimulate mutually -beneficial 
business activity;  
 
Considering the particular needs of developing and especially least -developed countries and 
desiring to enhance assistance and support for capac ity building in this area;  
 
Desiring to facilitate the increasing participation of developing countries in investment flows 
including, inter alia, through the strengthening of their domestic regulatory environment and its 
efficiency and competitiveness;  JOB/GC/169  
 
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Valuing the importance of voluntary corporate social responsibility principles and standards for 
investors;  
 
Acknowledging the essential role of investment in the promotion of sustainable development, 
economic growth, poverty reduction, job creation, expan sion of productive capacity and human 
development;  
 
Aiming to increase investment , including investment in and by micro, small and medium 
enterprises ; and  
 
Reaffirming the importance of the 2030 Agenda for Sustainable Development of the United 
Nations;  
 
Hereby agree as follows:  
 
 
SECTION I  
Scope and General Principles  
 
Article 1  
Scope  
 
1. This Agreement applies to facilitation measures by Members affecting  the admission, 
establishment, acquisition  and expansion of investments in services  and non -services sectors.  
 
2. Facilitation m easures by Members include those of general application and sector -specific 
that affect investors and their investment.  
 
3. This Agreement does not apply to:  
 
a. government procurement;  
b. public concessions and the conditions thereby established, provided that the Agreement 
applies to investments made as a result of concessions. In case of inconsistencies 
between this Agreement and the terms of the concession, the latter shall prevail ; and  
c. market access and right to establish, provided that nothing in this Agreement shall be 
construed as to modify Members’ obligations and commitments under the General 
Agreement on Trade in Services (GATS) in that regard.  
4. This Agreement does not cover : 
 
a. any dispute resolution proced ure not foreseen under the Dispute Settlement 
Understanding, according to Article 20.6  of this Agreement;  and 
b. investment protection rules.  
5. A Member' s obligations under this Agreement shall apply to measures adopted or 
maintained by:  
 
a. the national govern ment of that Member; and  
b. any entity, including a national state enterprise or any other national body, when it 
exercises any governmental authority delegated to it by the central government of that 
Member.  
6. In fulfilling its obligations and commitments u nder the Agreement, each Member shall take 
such reasonable measures as may be available to it to ensure their observance by regional and 
local governments and authorities, i ncluding any ent ity referred to in paragraph5  (b). 
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  7. Regional and local governments and authorities are encouraged to comply with the 
measures of this Agreement.  
 
Article 2  
Most-Favoured -Nation Treatment  
 
1. With respect to the implementation of  this Agreement, each Member shall accord 
immediately and unconditionally to invest ors of any other Member and their investments 
treatment no less favourable than that it accords to investors of any Member  and their 
investments.  
 
2. The provisions of this Agreement shall not be construed as to prevent any Member from 
conferring or accord ing advantages to investors of any other Member and their investments  in the 
context of setting a common market or other forms of economic integration.  
 
3. This Agreement does not replace and does not add to nor detract from existing rights and 
obligations  of Members under bilateral or plurilateral investment agreements.   
 
Article 3  
Right to Regulate  
 
1. Members shall retain the right to regulate in the public interest and to introduce new 
regulations within their territories so as to achieve legitimate public  policy objectives.  
 
Article 4  
Electronic documents  
 
1. For the purposes of this Agreement, e lectronic documents and electronic signatures shall 
produce the same legal effects as those of paper documents and handwritten signatures, subject 
to the Mem ber's domestic laws and regulations  on electronic documents and electronic signatures.  
 
2. Members shall endeavour to reach the highest possible level of digitalization of procedures 
related to investments.  
 
Article 5  
Transparency  
 
1. The development , application and review of policies and measures affecting investors and 
their investment  shall be transparent, in a manner consistent with the provisions of this 
Agreement.  
 
 
SECTION II  
Institutional Governance  
 
Article 6 
National Focal Point  
 
1. Each Me mber shall designate a National  Focal Point , which shall have the following 
responsibilities:  
 
a. to provide investors with all relevant public information regarding: applicable domestic 
laws and regulations, legal competencies of government agencies or entit ies with 
delegated authority relevant to their investments , public policies, statistics and all other 
matters directly relevant to investment;  
b. to assist investors from any other Member in obtaining information from government 
agencies or entities with dele gated authority relevant to their investments and, if 
applicable, subnational authorities;  
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  c. to assist investors from any other Member by seeking to resolve investment -related 
difficulties, in collaboration with government agencies, entities with delegated authority 
relevant to their investments, and, if applicable, with subnational authorities;  
d. to address  complaints or grievances regarding measures adopted or maintained by a 
Member affecting investors and their investments, whether in the form of law, 
regulation, rule, procedure, decision, administrative ruling, or any other form, in 
violation of the provisions of this Agreement, with a view to preventing disputes;  
e. to recommend to the competent authorities, as appropriate, measures to improve the 
investment environment; and  
f. to operate and maintain the Single Ele ctronic Window provided for in A rticle 9. 
2. Without prejudice to the designation of a National Focal Point, some of the responsibilities 
provided for in the previous paragraph might be fulfilled throu gh the operation and maintenance of 
the Single Electronic Window.  
 
Article 7  
Cooperation among National Focal Points  
 
1. National Focal Points shall cooperate with each other in matters related to investment  
facilitation . 
 
2. Areas for cooperation include exchange of information on procedural requirements and 
documentation associated with investment decisions, sharing of experiences regarding 
implementation of this Agreement, best practices regarding collection and compilation of data 
relating to investment  and technical assistance and capacity building for micro, small and medium 
enterprises.  
 
Article 8 
Notification  
 
1. Each Member shall notify the Committee for Investment Facilitation established under Article 
6 of: 
 
a. the Uniform Resource Locators (URL) of the website referred to in Article 10; and  
b. the contact information of the National Focal Point.  
 
 
SECTION III  
Electronic governance  
 
Article 9 
Single Electronic Window  
 
1. The Single Electronic Window (SEW) shall constitute a single entry point for the submission 
of all documents required by the agencies or regulatory bod ies involved in the admission, 
establishment , acquisition  and expansion of investments. Documents uploade d through the SEW 
shall not be subsequently required by any agency or regulatory body by any other means , except 
in cases in which the authenticity of the electronic document cannot be established or ensured 
through electronic means alone . 
 
2. The SEW webs ite shall provide information regarding policy, laws and regulations relating to 
the admission, establishment , acquisition and expansion of investments. Members shall endeavour 
to include subnational information regarding policy, laws and regulations relating to the admission, 
establishment , acquisition  and expansion of investments.  
 
3. The SEW shall contain the information referred to in Section IV of this Agreement , and, to 
the extent possible, in one of the languages of the WTO . JOB/GC/169  
 
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4. The information provided by the SEW shall be sufficiently clear , precise and up -to-date so as 
to enable an investor , in a manner as simple as possible,  to be informed of:  
 
a. the agencies or regulatory bodies involved in the admission, establishment and 
expansion of any spec ific investment decision;  
b. the documents required by each agency or regulatory body for specific investment 
decision s; and  
c. the timeframe under applicable legislation within which each agency or regulatory body 
is required to process an application associate d to any specific investment decision.  
5. The SEW shall not add to nor detract from the competencies and responsibilities of agenc ies 
or regulatory bod ies involved in the admission, establishment , acquisition  and expansion of 
investments.  
 
6. The SEW shall  not prevent agencies or regulatory bodies from establish ing requirements 
associated to the admission, establishment , acquisition  and expansion of investments that cannot 
be met electronically.  
 
7. The agencies and regulatory bodies connected to the SEW sh all have access to the 
information uploaded to the SEW inasmuch as required by the fulfilment of their legal 
competencies and responsibilities.  
 
8. All information provided by investors through the SEW shall be protected according to the 
provisions of the applicable national legislation.  
 
9. Members shall endeavor to make it possible for investors to pay throw the SEW all fees and 
taxes associated to the admission, establishment, maintenance, acquisition and expansion of 
investments.  
 
 
SECTION IV  
Procedures  
 
Article 1 0 
Processing of Applications  
 
1.  Members may establish criteria for the admission, establishment, acquisition and expansion 
of investments in services and non -services sectors according to their national policies and to 
modify such criteria at any time , in accordance with the obligations established under relevant 
WTO Agreements  and their international obligations . 
 
2.  If criteria are established, they shal l be transparent and objective.  No application shall be 
rejected based on the  failure of the investor to fulfil criteria that the investor was not supposed to 
or could not know before the submission of the application.  
 
3.  If criteria are established, each Member shall ensure that competent authorities involved in 
the admission, e stablishment, acquisition and expansion of investments:  
 
a. process, in a manner as expeditious as possible, all applications, including applications 
for investment screening, admission and licensing;  
b. establish  a timeframe for processing an application;  
c. ascer tain without undue delay the completeness of an application for processing under 
domestic laws and regulations;  
d. inform the applicant of the decision concerning an application;  JOB/GC/169  
 
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  e. at the request of the applicant, provide without undue delay information concern ing the 
status of the application;  
f. where authoriz ation is required, the competent authorities of a Member shall permit an 
applicant to submit an application throughout the year and allow a reasonable period for 
the submission of an application where speci fic time periods for applications exist.  
4.  The obligation set out in paragraph 2 is met by the publication of the criteria.  
 
5.  The assessment of an application based upon those criteria or the conclusion reached by the 
competent authorities regarding t he application is not subject to the WTO Dispute Settlement 
Understanding.  
 
6.  Criteria that might entail a subjective analysis by the competent authorities or that might be 
carried out under confidential terms are to be considered transparent and objecti ve if the investor 
is aware beforehand that the investment will be required to fulfil those criteria.  
 
7.  In case an application is considered incomplete, the applicant shall be:  
 
a. inform ed without undue delay that the application is incomplete;  
b. provide d with an explanation of why the application is considered incomplete;  and 
c. provide d with the opportunity to submit  the information required to complete the 
application . 
8.  In case an application is rejected, the agency or regulatory body shall inform the applicant 
of the reasons for rejection and, where applicable, the procedures for resubmission of an 
application. The reasons of rejection that are required to be provided under this paragraph 
encompass only the unfulfillment of the criteria referred to in this article.  
 
9.  Any authoriz ation, once granted, shall enter into effect without undue delay, subject to the 
applicable terms and conditions, and its duration shall not in itself restrict the investment.  
 
10.  Each Member shall ensure that application f ees charged by the competent authority are 
reasonable, transparent and do not in themselves restrict the investment. The requirement of 
guarantees before an authorization is granted shall not in themselves restrict the investment.  
 
Article 11 
Appeals and R eview  
 
1. Each Member shall provide that any person to whom a competent authority issues a decision 
has the right, within its territory, to:  
 
a. an administrative appeal to or review by an administrative authority higher than or 
independent of the competent a uthority that issued the decision1; and/or  
b. a judicial appeal or review of the decision.  
2. Each Member shall ensure that its procedures for appeal or review are carried out in a non -
discriminatory manner.  
 
3. Each Member shall ensure that the person referr ed to in paragraph 1(a) of this Article is 
provided with the reasons for the decision of the competent authority so as to enable such a 
person to have recourse to procedures for appeal or review where necessary.  
 
 
                                                
1 In situations in which a decision is issued at a ministerial level or higher, the decision shall be subject 
to a request for reconsideration by the same competent authorities.  JOB/GC/169  
 
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  SECTION V  
Regulatory Environment  
 
Article 12 
Prior Comment  
 
1. Each Member shall, in a manner consistent with its domestic laws and regulations , provide 
opportunities and an appropriate time period to investors and other interested parties to comment 
on proposed regulations affecting  the admission , establishment , acquisition  and expansion of 
investments2. 
 
2. Each Member shall, in a manner consistent with its domestic laws and regulations , seek to 
ensure that new or amended regulations affecting  the admission, establishment , acquisition  and 
expansion of investments are published and made electronically available as early as possible 
before their entry into force.  
 
Article 13 
Publication  
 
1. Each Member shall promptly publish the following information in an easily accessible manner 
and, t o the extent possible, in one of the languages of the WTO:  
 
a. laws and other regulations of general application affecting investments;  
b. texts or abstracts of public policies that may affect investments and investors; and  
c. fees and charges imposed by agencies o r regulatory bodies on or in connection with 
foreign investors and their investments.  
2. Where a Member requires authorization for the admission, establishment , acquisition  and 
expansion of investments, it shall publish the information necessary for the in vestor to comply 
with the requirements and procedures for obtaining, maintaining, amending and renewing such 
authorization. Such information shall include, inter alia , where it exists and applicable:  
 
a. the requirements and procedures;  
b. contact information of  relevant competent authorities;  
c. fees; 
d. technical standards;  
e. procedures for appeal or review of decisions concerning applications;  
f. procedures for monitoring or enforcing compliance with the terms and conditions of 
licenses;  
g. opportunities for the involvement of investors in policy and rulemaking, such as through 
hearings or comments;  and 
h. time frames for the processing of an application.  
 
 
 
                                                
2 The submission of suggestions or comments does not oblige the agency or regulatory body to accept 
them, in whole or in part. All suggestions and comments received shall be analysed and do not require any  
individualized response or reaction. The agency or regulatory body is solely responsible for deciding whether 
any or all of the suggestions or comments received shall be used in full or in part.  JOB/GC/169  
 
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  SECTION VI  
Implementation  
 
Article 14  
Schedule of Implementation  
 
1. The provisions of t his Agreement shall be implemented upon entry into force, except for the 
provisions in S ection  III, which shall be implemented within 3(three) years of entry into force.  
 
2. Notwithstanding the exception provided for in paragraph 1, Members shall strive fo r early 
implementation of the provisions of Section III and, should they not be in a position to do so, seek 
to implement such provisions in a progressive and scheduled manner in the transition to electronic 
procedures only.  
 
 
SUBSECTION I  
Special a nd Differential Treatment Provisions  
 
Article 15 
General Principles  
 
1. The provisions contained in Articles 1 to 14 of this Agreement shall  apply to  developing and 
least-developed country Members in accordance with this Subsection.  
 
2. Least -developed country Members shall not be required to implement the provisions of 
Sections III, IV and V of this Agreement. Least -developed country Members are nonetheless 
encouraged to implement the se provisions to the extent compatible with their spec ial economic 
situation and their development, trade and financial needs.  Upon graduation from least-developed 
country status, the schedule of implementation of the provisions of this Agreement establ ished 
under A rticle 16 shall apply to the graduated Membe r. 
 
3. Where circumstances allow for the phased introduction of new requirements, procedures, 
standards and measures relevant to investment, Members shall consider longer phase -in period for 
the applicability of such measures in sectors of export interest to developing country Members, 
and in particular to least -developed country Members.  
 
 
Article 16  
Schedule of Implementation for developing and least -developed country Members  
 
1. Provisions under Sections I and II of this Agreement shall be implement ed upon entry into 
force of this Agreement;  
 
2. Provisions under Sections IV and V of this Agreement shall be implement ed within 4 (four) 
years after the entry into force of this Agreement; and  
 
3. Provisions under Section III of this Agreement shall be impleme nted within  8 (eight) years 
after the entry into force of this Agreement.  
 
4. Notwithstanding the implementation period specified above, developing country Members 
shall strive for early implementation of provisions and, should they not be in a position to  do so, 
seek to implement such provisions in a progressive and scheduled manner in the transition to 
electronic procedures only.  
 
5. Developing country Members in a position to fulfil the provisions under sections III, IV and V 
in a shorter timeframe shall  notify the Committee referred to in article 6 the revised timeframes 
for the implementation of the provisions.  
 
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  Article 17 
Technical Assistance  
 
1. Developed country Members, and to the extent possible, developing country Members  in a 
position to do so , shall provide technical assistance to developing country Members and in 
particular to least -developed country Members, upon request and on mutually agreed terms and 
conditions.  
 
2. Technical assistance shall be aimed, inter alia , at developing and strength ening the 
capacities needed to fully implement the obligations arising under this Agreement.  
 
 
SECTION VII  
Corporate Social Responsibility  
 
Article 18  
Corporate Social Responsibility  
 
1. Investors and their investments shall strive to achieve the highest possible level of 
contribution to the sustainable development of the host Member and the local community, through 
the adoption of a high degree of socially responsible practices, based on the voluntary principles 
and standards set out in this Article and internal policies, such as statements of principle.  
 
2. Investors and their investments shall endeavour to comply with the following voluntary 
principles and standards of corporate social r esponsibility , in accordance with the laws adopted by 
the host Member  and with Members’ international commitments on this matter : 
 
a. Respecting the protection of the environment and sustainable development and 
encouraging the use of technologies that do not harm the environment, in accordance 
with the national policies of Members, in a way that incentivizes economic, social and 
environmental progress;  
b. Respecting human rights of those involved in the activities of the companies, consistent 
with the internation al obligations and commitments of the host Member;  
c. Stimulating the strengthening of local capacities through close cooperation with the local 
community;  
d. Incentivizing the formation of human capital, particularly creating job opportunities and 
facilitating the access of workers to professional qualification;  
e. Abstaining from seeking or accepting exemptions other than those established in the law 
of the host Member with respect to the environment, health, safety, labour, financial 
incentives or other matters;  
f. Supporting and maintaining principles of sound corporate governance, as well as 
developing and applying good practices in corporate governance;  
g. Developing and applying effective self -regulated practices and management systems 
that foster a relationship of mutual trust between the enterprises and the societies in 
which they carry out their operations;  
h. Promoting the knowledge of workers regarding company policies through the appropriate 
publication of these policies, including through recourse to professional  capacity building 
programs;  
i. Abstaining from discriminatory or disciplinary actions against workers who report severe 
occurrences to the management or, when appropriate, to the competent public 
authorities, of practices in breach of the law or standards of  sound corporate governance 
to which the enterprise is subjected;  JOB/GC/169  
 
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  j. Encouraging, whenever possible, the business partners, including suppliers and 
outsourced services, to apply principles of business conduct consistent with the 
principles provided for in thi s Article;  and 
k. Respecting local political processes and activities.  
3. Investors are invited to keep the National Focal Point informed about their internal corporate 
social responsibility policies  and practices . 
 
 
SECTION VIII  
Institutional Framework  
 
Article 19 
WTO Committee on Investment Facilitation  
 
1. A Committee on Investment Facilitation is hereby established.  
 
2. The Committee shall be open for participation by all Members and shall elect its own 
Chairperson.  
 
3. The Committee shall meet as need ed and envisaged by the relevant provisions of this 
Agreement, but no less than twice a year, for the purpose of affording Members the opportunity to 
raise any matters related to the implementation of this Agreement or the furtherance of its 
objectives.  
 
4. The Committee shall establish its own rules of procedure.  
 
5. It shall be open to any Member to suggest items  related to the implementation of this 
Agreement  for inclusion in the agenda  of any Committee’s meeting . 
 
6. The Committee shall carry out such r esponsibilities as assigned to it under this Agreement or 
by the Members, such as:  
 
a. follow the implementation of this Agreement;  
b. discuss issues related to investment facilitation of general interest;  
c. propose cooperation and facilitation agendas , which may include issues such as: transfer 
of funds, personnel mobility and logistical matters, among others ; 
d. exchange experiences in investment facilitation;  
e. discuss views and requests from  investors and other relevant stakeholders, when 
applicable, on specific is sues related to the work of the Committee; and  
f. compile and disseminate international best practices.  
7. Subsidiary bodies focused on specific issues may be established.  
 
8. The Committee may develop procedures for Members to share relevant information and best 
practices.  
 
9. The Committee shall maintain close contact with other international organizations in the field 
of investment facilitation, such as UNCTAD , World Bank  and the OECD, with t he objective of 
securing the best available advice for the implementation and administration of this Agreement 
and in order to avoid duplication of efforts. To this end, the Committee may invite representatives 
of such organizations or their subsidiary bod ies to:  
 
a. attend meetings of the Committee; and  JOB/GC/169  
 
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  b. discuss specific matters related to the implementation of this Agreement.  
10. The Committee shall review the operation and implementation of this Agreement five years 
from its entry into force, and periodicall y thereafter. Recommendations arising from the review 
shall be presented to the General Council.  
 
11. The Committee  may establish open-ended working -groups to discuss specific issues 
pertinent to the implementation of this Agreement.  Any conclusion shall be reported to the 
Committee.  
 
 
SECTION IX 
Final Provisions  
 
Article 20 
Final Provisions  
 
1. For the purpose of this Agreement, the term "Member" is deemed to include the competent 
authority of that Member.  
 
2.  All provisions of this  Agreement are binding on all Members.  
 
3. Members of a customs union or a regional economic arrangement may adopt regional 
approaches to assist in the implementation of their obligations under this Agreement including 
through the establishment and use of regional bodies.  
 
4. Notwithstanding the general interpretative note to Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization, nothing in this Agreement shall be construed as 
diminishing the obligations of Members under the GATT 199 4 and GATS . In addition, nothing in 
this Agreement shall be construed as diminishing the rights and obligations of Members under the 
Agreement on Trade -Related Investment Measures.  
 
5. All exceptions and exemptions under the GATT 1994 shall apply to the pr ovisions of this 
Agreement. Waivers applicable to the GATT 1994 or any part thereof, granted according to 
Article  IX:3 and Article IX:4 of the Marrakesh Agreement Establishing the World Trade 
Organization and any amendments thereto as of the date of entry into force of this Agreement, 
shall apply to the provisions of this Agreement.  
 
6. The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the 
Dispute Settlement Understanding shall apply to consultations and the settlement of disputes 
under this Agreement, except as otherwise specifically provided for in this Agreement.  
 
7. Article 22.3(c) of the Dispute Settlement Understanding shall not apply.  
 
8. Reservations may not be entered in respect of any of the provisions of this Agr eement 
without the consent of the other Members . 
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