All OECD countries are eligible to file a list of specific laws or general categories of laws that the treaty will not apply to in their country. This approach of country-specific exceptions is the one being taken by U.S. negotiators, and developing nations excluded from OECD negotiations will not have this right. Expropriation cannot be excepted. The EU has not accepted the U.S. exceptions yet because they insist that all exceptions should phase out over time in order to eliminate MAI-divergent laws. Furthermore, a country will have to give five years notice before withdrawing from the MAI, while the MAI rules will continue to cover existing foreign investment for fifteen years more.
Most international treaties require six months notice if a country wants to withdraw.
Impact on Developing Nations Imbalance of Power Developing nations excluded from OECD negotiations will not have the right to file exemptions to the MAI for their protection or benefit. They are only expected to submit. OECD countries will decide what MAI laws will apply to their countries and which ones the non-OECD countries must accept. Virtually all developing countries, as well as most developed nations, have foreign investment committees or procedures which assess impacts on national goals and development objectives, protecting natural resources from foreign control or exploitation, etc. Most nations have certain strategic sectors which are currently fully or partially protected for political, social and cultural reasons.