  
  
INF/IFD/R/ 22 
12 July 2021 
(21-5458) Page: 1/3 
  Original: English  
 
  
WTO STRUCTURED DISCUSSIONS ON  
INVESTMENT  FACILITATION FOR DEVELOPMENT  
NEGOTIATING MEETING HELD ON 19 AND 23 APRIL  2021 
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  19 and 23 April 
2021.  As indicated in the annotated agenda circulated to all WTO Members ahead of the meeting2, 
the purpose of this meetin g was to: (a) hold a first general discussion of the Consolidated Document 
('Easter Text')3; (b) to d iscuss text proposals and contributions submitted by Members since the last 
meeting ; (c) hold a discussion on the possible inclusion of a 'Most -Favoured Nation' treatment clause 
in the future Investment Facilitation for Development (IFD) Agreement; and  (d) hold a debriefing 
session on the state -of-play of the investment facilitation for development negotiations for leading 
international organizations  working in the investment facilitation field . 
1  GENERAL DISCUSSION OF THE CONSOLIDATED DOCUMENT ('EASTER TEXT')  AND THE 
ORGANIZATION OF WORK  
1.1.  The Coordinator introduced and provided an overview  of the Consolidated Document (' Easter 
Text')  prepared under his responsibility on a without prejudice basis, in order to facilitate 
negotiations among participating Members . The Easter Text brings together , in one 'single text', the 
two working documents used to date in the negotiations , namely : (i) the 'Revised draft text'  
circulated to all Members and discussed by participating Members at least once at a meeting ; and 
(ii) for those sections and provisions where no 'Revised draft text ' exists, the 'Informal consolidated 
text', which includes both the 'Streamlined Text' (in black) and the text proposals submitted by  
Members to date (in blue) – as well as text contributions by discussion/small groups discussed at 
the plenary . Consequently, the  Easter Text includes two types of provisions: on the one hand, those 
where 'convergence text' exists , which appear in 'plain text'  (outside text boxes ); and, on the other , 
those sections and provisions for which no ' convergence text' exists and where further work is 
needed  (these are included in text boxes) . The Coordinator explained that  the aim of the 'text boxes' 
was to help focus participating Members' attention on th ose issues that require d further work in the 
upcoming months .  
1.2.  Participating Mem bers strongly welcomed the Easter Text , which they considered as an 
important  milestone , and endorsed it  as the basis for the negotiations in the upcoming months . It 
was highlighted  that the Easter Text reflected the progress  made by the joint initiative so far  and 
that it outlined – with its seven sections  and 36 provisions – the possible  contours of the future IFD 
Agreement , while clearly bringing out those  areas where further work  was required.  
1.3.  With a n aim  to making as much progress as possible in the coming months , the Coordinator 
proposed  a work plan4 which  identifi ed and prioritize d work areas for the period of April - July 2021 , 
 
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/3 2 dated 13 April  2021.  
3 Consolidated Document by the Coordinator ('Easter Text') prepared pursuant to the work plan 
endorsed by participating Members at the meeting held on 25 -26 January 2021, circulated to all Members in 
document INF/IFD/RD/74 dated 12 April 2021.  
4 Priority work areas for April - July 2021  sent to all Members on 22 April 2021 . INF/IFD/R/ 22 
 
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  focusing notably on those areas lacking common ground, for which further discussion s were needed 
to identify possible 'landing zones '. He also presented a schedule of meetings5 for the second part 
of the year in order to plan ahead and continue working constructively towards  MC12 . Both 
documents were  well received and endorsed by d elegations . 
2  REPORTS BY SMALL/DISCUSSION GROUPS  
2.1.  The facilitators of the discussion group s respectively on 'Scope' and on the 'Facilitation of the 
Entry and Temporary Stay of Business Persons for Investment Purposes' (Movement of Business 
Persons - MBP) informed partic ipants about their ongoing  and future  work. The Group on 'Scope' 
had held two meetings , on 19 March and 15 April 2021 , and was  working on possible landing zones 
regarding the chapeau  of the 'Scope' provision . The facilitator of  the Group on MBP informed that 
she had started informal bilateral consultations with interested Members and that the Group would  
hold its first meeting on 30 April 2021 . Both groups are open to all interested WTO Members.  
3  TRANSPARENCY OF INVESTMENT MEASURES (SECTION II OF THE 'EASTER TEXT')  
3.1.   Under this agenda item, participants discussed s pecific  transparency provisions based on a 
proposal  submitted by a Member .6 The Member who submitt ed the proposal explained that it was 
the result of informal discussions with eight other delegation s and that it had taken the 'Revised 
draft text' by the Coordinator  as a basis . The proposal aimed at improving the overall consistency , 
streamlin ing and fine-tuning some of the language contained i n specific provisions  of Section II  of 
the Easter Text  – notably regarding the provisions on "publication and availability of measures and 
information ", "information to be made publicly available if authorization is required for an 
investment ", and "single information portal ". A number of delegations supported th e proposal  - 
considering  that it reinforced the internal coherence of the text  and accommodated concerns 
expressed in the past meetings  while provid ing flexibility where needed. While many of the 
participants favoured incorporat ing the proposal in to the 'Easter Text' , views still diverged notably 
on the 'single information portal'  – preventing such incorporation at this point of time. 
4  INFORMAL DISCUSSION ON A 'MOST -FAVOURED NATION' TREATMENT CLAUSE  
4.1.  Participating Members  held a  rich conceptual discuss ion on the inclusion of a Most -Favoured 
Nation (MFN) treatment clause in the future IFD Agreement based on guiding questions  prepared by 
the Coordinator  and circul ated in advance of the meeting .7 The discussion showed a high level of 
engagement of participating Members , clarifying views held on th is important  issue. While  many 
Members saw value in, and supported, the inclusion of a carefully defined MFN treatment clause, 
some delegations questioned the need  and value -added  of includin g such a clause in the future 
Agreement  notably  given the fact that most of its provisions  would anyhow apply on an MFN/ erga 
omnes  basis given the nature of the provisions (notably transparency) .  
4.2.  Based on the guiding questions , participants exchanged views on the different elements of an 
MFN treatment clause , including : its possible scope (how to define 'treatment' under the clause  in 
order to circumscribe it to 'treatment'  explicitly prescribed by the Agreement ); the beneficiaries (all 
WTO Members or only the parties to the future Agreement ); and exceptions  to the MFN obligation . 
Most delegations who intervened stated that, under their domestic legal system,  most of the 
measures and procedures to be included under a future IFD Agreement , in practice  applied on an 
'erga omnes '/MFN basis already . Regarding the possible scope of the MFN clause , many delegations 
stressed the importance of  limiting its scope  only to the treatment explicitly prescribed in the future 
IFD Agreement  and of clarifying the beneficiaries  of the MFN treatment .  
4.3.  On the question of possible exceptions to the MFN treatment obligation , participating Members 
mentioned the need  for an exception  for economic  integration  agreement s (notably free trade areas, 
customs unions)  as well as for measures providing for recognition  (e.g. autonomous or mutual 
recognition of qualifications  and prudential requirements).  Many delegations state d that these 
exceptions w ould be  necessary for them if an MFN treatment clause was to be included . The 
treatment of special economic zones and of incentives (or other preferential conditions ) applying 
differently a cross sub-federal entities were also menti oned as issues needing further analysis . It was 
 
5 Document INF/IFD/W/29/Rev.2 dated 22 April 2021 . 
6 Document INF/IFD/RD/73 dated 7 April 2021 .  
7 Guiding questions by the Coordinator  sent to all Members on 14 April 2021  INF/IFD/R/ 22 
 
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  observed that , ultimately,  any MFN exceptions would need to be drafted  in light of the final wording 
of the future Agreement 's substantive obligations . Some delegations reiterated the importance of a 
non-importation clause  (firewall provision ) in the MFN context . A delegation  announced that it w ould 
submit a proposal on th e MFN provision.  
5  DEBRIEFING SESSION FOR INTERNATIONAL ORGANIZATIONS  
5.1.  Following an invitation by the Coordinator , six international o rganizations , namely the 
International Trade Centre (ITC), International Monetary Fund (IMF), Organisation for Economic Co -
operation and Development (OECD), United Nations Conference on Trade and Development 
(UNCTAD), World Bank  Group , and Asia-Pacific Economic Cooperation (APEC) Secretariat  
participated in th e debriefing  session  held in the margins of the negotiating meeting . The Coordinator 
updated the participating international organizations on the state -of-play of the ongoing IFD 
negoti ations , while the international organizations presented  their ongoing work  and activities  on 
investment facilitation related matters . The session generated a rich discussion among participants 
and showed great interest by both, the international organizati ons and participa ting WTO Members, 
to enhance cooperation in order to maximize synergies .8  
5.2.  Several delegations expressed their appreciation for this session and viewed the information 
provided by the international organizations ' representatives  as a great contribution to the future 
work of the initiative , notably regarding the implementation  of the future Agreement and sustainable 
investment . The Coordinator announced that he would organize a dedicated  session  with leading 
interna tional organization s (IOs) focusing on implementation and special and differential treatment  
(S&D T) provisions  later this semester . The aim of th is session would be to learn more about the  IOs' 
technical assistance and capacity building activities in relat ion to IFD and to identify possible areas 
of cooperation in light of upcoming discussions on the special and differential treatment ( S&DT), 
technical assistance and capacity -building  provision s in the future agreement.  
6  NEXT MEETING  
6.1.  The Coordinator informed  participating Members that  an intersessional meeting would be held 
on 30 April  2021. Its main purpose would be to address certain provisions of the Easter Text ( notably 
responsible business conduct and domestic supplier databases),  as well as the financial exceptions  
(prudential carve -out).  
 
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8 The presentation s provided by UNCTAD  is available here and by World Bank Group is available  here. 
The publication on Investment Facilit ation for Development by ITC is available here.  