INF/IFD/R/ 30 
21 March  2022 
(22-2463) Page: 1/4 
  Original: English  
 
  
WTO STRUCTURED DISCUSSIONS ON  
INVESTMENT  FACILITATION FOR DEVELOPMENT  
NEGOTIATING MEETING HELD ON 26 AND 27 JANUARY  2022 
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  26 and 
27 January  2022. As indicated in the annotated agenda circulated to all WTO Members ahead of the 
meeting2, the objectives  of the meetin g were to: (a) discuss the latest developments following the 
postponement of MC12, including the Joint Statement on Investment Facilitation for Development ; 
(b) continue the discussion on provision 4 ( "Most-Favoured Nation (MFN) 
Treatment "/Non-discrimination ) based on the proposals submitted by Members and the draft text 
by the  Coordinator contained in the Annex to the "Easter Text (Rev.5) "; (c) discuss the remaining 
"Special and Differential Treatment " provisions included in the text boxes in Section V of the Annex 
to the "Easter Text (Rev.5) "; (d) have a discussion on "Investment Facilitation Needs -Assessment " 
in preparation for a dedicated session on this matter  tentatively planned for  the 14-15 February 
meeting ; and (e) discuss the definition of "Investor of another Member ", based on a "text 
contribution " prepared by the Facilitator of the Discussion Group on "Scope ". Due to lack of time, 
Japan's  proposal on "Transfers and Payments " was not  addre ssed at this meeting.  
1  DISCUSSION ON LATEST DEVELOPMENTS FOLLOWING THE POSTPONEMENT OF MC12, 
INCLUDING THE DECEMBER 2021 JOINT STATEMENT ON INVESTMENT FACILITATION FOR 
DEVELOPMENT  
1.1.  The Coordinator recalled  that, following the postponement of MC12 , participa nts in the Joint 
Initiative held a meeting at Ambassadors/Heads of Delegation level  on 30 November 2021 , chaired 
by the Vice -Minister of Chile, where they welcomed the remarkable progress achieved in developing 
a pro -multilateral Agreement on I nvestment Facilitation for Development (IFD) , as well as the 
increased interest of non-participants  in the Initiative . As a result of that meeting , over 
110 participat ing Members – including nine new co-sponsor s – issued  a third Joint Statement on IFD  
on 10 December 2021.3 At the January meeting , participants reiterated the two commitments stated 
in the December 2021 Statement: first, to conclude the text-based  negotiations by 2022  on the 
basis of the "Easter Text " prepared by the Coordinator , and second , to further intensify outreach 
efforts towards other WTO Members . They also welcomed the new participants  in the Initiative,  
namely, Albania; Antigua and Barbuda; Georgia; Maldives; Panama; Papua New Guinea; Solomon 
Islands; Uganda; and Zimbabwe .4 Antigua and Barbu da, as new participating Member, took the floor 
to highlight the key role of investment facilitation in fostering economic recovery in the context of 
the COVID -19 crisis.  
1.2.  Looking ahead, participants agreed with the Coordinator's suggestion to  focus on the  priority 
work areas in the coming months with the aim of advancing on the text as much as possible and 
meet the target deadline for concluding  the negotiations. Participants identified as the key pending 
issues  the work on definition s (notably of the term  "authorization ", which is key to determine the 
scope of Section III on "Streamlining and Speeding Up A dministrative Procedures "); possible 
 
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 /42 dated 2 0 January 2022. 
3 Document WT/L/1130 dated 10 De cember 2021 . The first and second Joint Statements on IFD were 
issued in December 2017 and November 2019 respectively.  
4 For a list of participating Members in the IFD initiative please refer to  the IFD Dedicated Portal in the 
WTO website ( https://www.wto.org/english/tratop_e/invfac_public_e/invfac_e.htm ).  INF/IFD/R/ 30 
 
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  exclusions to the Scope of application of the future IFD Agreement; Most-Favoured Nation treatment 
(MFN)/Non -discrim ination ; as well as "Special and Differential Treatment " provisions (including 
investment facilitation needs assessments ). Other issues  that will  requir e further discussions in the 
coming months were Responsible Business Conduct (RBC); Measures Against Corruption; and 
"Movement of Business Persons for Investment Purposes ". The Coordinator announced that  he will 
circulate a table with priority areas of work in the following months based on the schedule of 
meetings, ahead of the next negotiating meeting.  
2  CONTINUATION OF THE DISCUSSION ON PROVISION 4 ON "MOST -FAVOURED NATION 
(MFN) TREATMENT "/NON -DISCRIMINATION  
2.1.  Participants discussed the proposals submitted by Members and the draft text by the 
Coordinator on a possible provision on MFN  treatment /Non-discrimination , based on a comparative 
table sent by the Coordination ahead of the meeting .5 One proposal and the text by the Coordinator  
are based on the "traditional " MFN principle , while the other  proposal  follows a Non-discrimination  
approach . Although  some participants remained sceptical on the  need to include an MFN clause  in 
the future Agreement , they constructively engaged in the discussions. While several participants 
favoured the inclusion of a "traditional " MFN provision, stating that the text by the Coordinator could 
provide a starting point , others expressed preference for the alternative "Non-discrimination " 
provision . The active and rich discussion focused on the two exceptions to the 
MFN/Non -discrimination principle , which are contained in all of the three proposals .  
2.2.  The first exception is to allow  Members to provide more favourable trea tment to preferential 
partners within agreements covering investment . While the aim of this exception was supported by 
participants , different views remain on the criteria to be adopted to qualify  those agreements 
covering investment that would fall under this exception.  In this regard , the proponent of the 
"Non-discrimination " provision  indicated its intention to add in paragraph 4.2 a) of their proposal a 
reference to international investment agreements , in a manner similar to the text prepared by the 
Coordinator,  in order to cover also bilateral investment treaties within that exception.6 As for t he 
second  exception , which  allows Members to provide preferential treatment relating to recognition  
measures  (such as  the recognition of the standards or cri teria for the authorisation , licencing, or 
certification of a natural person or enterprise to carry out an economic activity)  to certain parties 
based upon an agreement ,7 two participants inquired about the scope of this exception . They also 
sought clarification regarding the criteria to be applied to those measures or agreements , taking into 
consideration the conditions set forth in Article VII on "Recognition " of the GATS .8 One participant 
flagged that , as this exception contains the term "authorization ", the language of this exception 
would have to be revisited in light of the discussion on the definition of "authorization ".  
2.3.  Participants also discussed the "firewall clause ", which is included only in  the two propos als 
that follow the "traditional " MFN approach . Many  participants saw value in incorporating this firewall 
clause  within the MFN/non -discrimination provision . A number of them also viewed  that this clause  
should be  as broad as possible  as to cove r provisions  in oth er international agreements , besides 
those covering investment , which were addressed in the first exception .  
2.4.  Leaving aside the issue of the approach (MFN or Non -discrimination)  contained in the first 
paragraph of the provision , it was made clear that furt her work was needed on the criteria that th e 
exceptions would have to meet in order to benefit from the MFN exception . The Coordinator 
requested the two proponents to work together on this provision.  
 
5 A comparative table on MFN treatment/Non -discrimination, d ocument without symbol date d 
13 January  2022.  
6 The additional text presented at the meeting by the proponent of the "Non-discrimination " provision to 
be added at the beginning of paragraph 4.2 a) reads as  follows:  "an International Investment Agreement, 
whether it is a separate agr eement or an investment chapter in an agreement ". 
7 The exception relates to measures providing for recognition, including the recognition of the standards 
or criteria for the authorisation, licencing, or certification of a natural person or enterprise to carry out an 
economic activity, or the recognition of prudential measures as referred to in paragraph 3 of the GATS Annex 
on Financial Services.  
8 Article VII .1 of the GATS provides that "for purposes of the fulfilment, in whole or in part, of its 
standards or criteria for the authorization, licensing, or certification of services suppliers and subject to the 
requirements of paragraph 3, a Member may recognize the education or experience obtained, requirements 
met, or licenses or certifications gran ted in a particular country.  Such recognition, which may be achieved 
through harmonization or otherwise, may be based on upon an agreement or arrangements with the country 
concerned or may be accorded autonomously. " INF/IFD/R/ 30 
 
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  3  DISCUSSION ON THE REMAINING "SPECIAL AND DIFFERENTIAL TR EATMENT " 
PROVISIONS  
3.1.  Participants discussed the  seven  remaining  "Special and Differential Treatment " (S&DT) 
provisions included in the text boxes in Section V of the Annex to the "Easter Text (Rev.5) " namely : 
provisions on "Implementation "; "Notification and implementation of category A "; "Notification of 
dates for implementation of categories B and C "; "Early warning mechanism - extension of 
implementation dates for provisions in categories B and C ": "Expert group to support implementation 
of category B and category C "; "Shifting between categories B and C "; and "Grace period for the 
application of the Understanding on Rules and Procedures Governing the Settlement of Disputes " 
(DSU) . The joint proponents explained that these provisions are larg ely based on the Trade 
Facilitation Agreement ( TFA). Overall, participants  considered the TFA as a model for the S&DT 
provisions of the IFD Agreement and supported including  the categorization approach based on self -
evaluation in the IFD Agreement . 
3.2.  Regardi ng the notification and implementation periods for  categories A, B and C, contained in 
the proposal, which differed from those in the TFA, many participants reiterated the importance of 
staying as close as possible to the TFA, unless there is a justification for departing from it.  The 
proponents indicated that they were open to discuss th ose timeframes  under the understanding that 
the needs assessments, which should start as soon as possible, would allow them to better evaluate 
the time and techn ical assistance and capacity building ( TACB ) needed to implement the provisions 
of the future IFD Agreement. Some  Members  also emphasized that those transition al periods  should 
be read in conjunction with TACB provisions  aimed at helping developing country  and LDC Members 
implement the IFD Agreement . A number of participants  also supported including TFA -like flexibilities 
(i.e., early warning mechanism , shifting between categories  and grace period for application of the 
DSU) viewing that they could add valu e to the categorization mechanism.  The Coordinator indicated 
that the "Easter Text " would  be updated to move the discussed  proposals on S &DT to "plain text ", 
comparing them to alternative TFA language, where applicable.  
4  DISCUSSION ON "INVESTMENT FACILITATION NEEDS -ASSESSMENTS "  
4.1.  Participants held a first and rich discussion on "Investment Facilitation Needs Assessment " 
based on guiding questions prepared by the Coordinator  in preparation for the "Dedicated Session 
on Needs Assessment " to be held to gether with the February negotiating meeting . Overall, 
participants shared the view that a process of investment facilitation needs assessments (i.e., gap 
analysis and identification of technical assistance and capacity building needs ) was key to support 
the on -going negotiations , the outreach efforts towards non -participants, as well as for future 
implementation.  Dominica and Grenada  who had requested the dedicated session informed about 
its region's intention to launch a pilot project on self-assessment i n the region , while Lao PDR 
underlined the importance of needs  assessment for LDCs, signalling its interest to also take part in  
a pilot project.  Many participants , including both potential rec ipient Members (developing/LDC s) and 
donor Members , emphasized the importance of starting a process of investment facilitation  needs 
assessment as soon as feasible . They shared the view that the TFA needs assessment  could provide 
a good starting point for this process.  
4.2.  Furthermore, p articipants emphasized  the importance of working closely with international 
organizations active in the field of investment facilitation,  while also highlighting  the importance of 
ensuring coherence  in the process of IFD needs assessments . In this regard, they concurred in 
inviting relevant international organizations, namely , the ITC, OECD, UNCTAD, WBG, IDB and WEF 
to participate  in the Dedicated Session . In addition, t rade facilitation experts from the WTO 
Secretariat would be invited to the dedicated session to share their ex perience on  the TFA needs 
assessment s. Participants  also agreed with the Coordinator's suggestion that the Secretariat start s 
working  on a "Sample " for an Investment Facilitation  Needs  Assessment Guide , viewing that the TFA  
Self-Assessment Guide could constitute a starting point .  
5  DISCUSSION ON THE DEFINITION OF "INVESTOR OF ANOTHER MEMBER ", BASED ON A 
"TEXT CONTRIBUTION " PREPARED BY THE FACILITATOR OF THE DISCUSSION GROUP ON 
"SCOPE " 
5.1.  Participants discussed the definition of "Investor of another Member " based on a "text 
contribution " prepared by the Facilitator of the Discussion Group on "Scope ", drawing on the INF/IFD/R/ 30 
 
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  discussions by the Group on this definition.9 While many participants positively considered this  text 
contribution , others expressed doubts on whether this definition was needed in the future IFD 
Agreement. Among those that supported including this definition, views remained diverse on the  
use of the phrase "engaging in investment activities " (in lieu of the phrase "that seeks to make an 
investment ") as contained in  the "chaussette " of the  definition , with the aim  to embrace the 
"pre-establishment phase ". While  in general, participants  converge d on the importance of covering 
the "pre-establishment " phase  in order to comprise "potential investors " within this definition , they 
had different view on how best to address this in the text. Taking into account views expressed by 
participating Members in past discussion, the Facilitator also presented a definition o f "Juridical 
person ", complementary to the definition of "Investor of another Member ", as it appears in 
Article  XXVII I (l) on "Definitions " of the GATS. Discussion s on th ese definition s will continue at the 
plenary  in the future; while the Discuss ion Group on Scope will focus on "other possible exclusions " 
of the future IFD Agreement . 
6  NEXT MEETING  
6.1.  The Coordinator informed participating Members that, as foreseen in the "Schedule of Meetings 
January -July 2022 ",10 the next negotiating  meeting w ould take place on 14-15 February  2022. At 
that meeting, participants will  discuss,  among others: a revised text proposal by Japan on "Transfers 
and Payments ", which could not be discussed at this meeting due to lack of time ; the 
MFN/non-discrimi nation provision (focusing on the principle) ; the definition of "authorization "; a text 
proposal on "Supplier -Development Programmes "; and a text proposal on "Home State Obligations ". 
A "Dedicated Session on Investment Facilitation  Needs Assessment " will take place in the afternoon 
of 14 February with the participation of international organization s working on investment -facilitation 
related matters.  This dedicated session aims to provide an opportunity for developing and LDC 
Members, poten tial donor Members and relevant international organisations to exchange 
experiences and ideas on how best to plan for the conduct of investment facilitation needs 
assessments , including particularly the development of tools for such assessment . 
__________  
 
9 Text contribution prepared by the Faci litator of the Discussion Group on "Scope " on the definition of 
"Investor of another Member ", circulated to all WTO Members on 18 January 2022 . 
10 Document INF/IFD/W/ 41 dated  19 November  2021.