Cooperation and Facilitation Investment Agreement - CFIA. Facilitation Initiatives

Similar documents
Global Action Menu for Investment Facilitation

GLOBAL ACTION MENU FOR

2017 This is an updated version of UNCTAD's Global Action Menu for Investment Facilitation launched in GLOBAL ACTION MENU FOR

CAMEX Foreign Trade Board 24/07/2018 TOKYO XXI JAPAN-BRAZIL BUSINESS COUNCIL PLENARY MEETING INVESTMENT OPPORTUNITIES AND BUSINESS ENVIRONMENT

Multi-year Expert Meeting on Investment, Innovation and Entrepreneurship for Productive Capacity-building and Sustainable Development, fourth session

CAPACITY BUILDING WORKSHOP: CURRENT TRADE-RELATED ISSUES AND THEIR IMPLICATIONS FOR APTA

EUROPEAN ECONOMIC AND SOCIAL COMMITEE

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the (New Zealand) Copyright Act 1994, no

Document Title 2010 CTI Annual Report to Ministers. Document URL

A New Agenda for Investment Promotion and Facilitation

Overview of the current international debate on reform of investment dispute settlement

HIGHLIGHTS OF THE ASEAN COMPREHENSIVE INVESTMENT AGREEMENT (ACIA) 26 August 2008

INVESTMENT FACILITATION:

UNCTAD Meeting on the Transformation of the International Investment Agreements Regime February 2015 Palais des Nations, Geneva

INVESTMENT POLICY FRAMEWORK INVESTMENT POLICY FRAMEWORK FOR SUSTAINABLE DEVELOPMENT

Pros and Cons of BITs for Developing Countries

INDONESIA S EXPERIENCE: IIA REVIEW A B D U L K A D I R J A I L A N I M I N I S T R Y O F F O R E I G N A F F A I R S

(including the degree of openness to foreign capital) (3) Importance as a source of energy and/or mineral resources (4) Governance capacity of the gov

Foreign Investments in Emerging Markets

Perspectives on possible deliverables in the investment area

RECENT DEVELOPMENTS IN THE INTERNATIONAL INVESTMENT REGIME

CONTENTS: - Introduction. - Egyptian BITs Experience. - BITs reform program. - Economic- based study. - Egyptian Model BIT. - Promoting Egyptian

APEC Investment Facilitation Action Plan (IFAP)

Regional Investment Reform Agenda for the Western Balkans Six

The Trans-Pacific Partnership:

WORLD TRADE WT/MIN(98)/ST/96 20 May 1998 ORGANIZATION

Note: G20 includes only the 19 member countries (excludes European Union).

Update on Global Trends - Presentation

REFORMING THE INTERNATIONAL INVESTMENT REGIME: TWO CHALLENGES KARL P. SAUVANT

LOCAL CONTENT. Botswana- Mining

Euro-Arab International Investment Agreements: towards a new generation of policies

RECENT TRENDS IN INVESTOR- STATE DISPUTES: AN UPDATE ON MEDIATION AND CONCILIATION

The EU s approach to Free Trade Agreements Investment

IEG Co-Convenors Summary Report to CTI

Analysis of Regional Investment Frameworks Worldwide

WORLD INVESTMENT M REPORT

BIAC Thought Starter. A Proactive Investment Agenda

Current Trends in Investment Law & Arbitration

Policy Framework for Investment

LOCAL CONTENT. Brazil Petroleum

Reforming the IIA System: Investment Arbitration in Asia-Pacific and ASEAN

17 th Investment Treaty Forum

Dispute Prevention Policies and on Investor-State Dispute Settlement Management

Executive Summary Report of the Private Sector Investment Conference for the Great Lakes region

Inconsistencies in treatment of foreign investment in trade agreements

Joint Business Statement

International Investment Arbitration

PRC Investment Treaty Programme

1. Purpose of regulating the petroleum industry

INVESTMENT LAWS A WIDESPREAD TOOL FOR THE PROMOTION AND REGULATION OF FOREIGN INVESTMENT

MINERALS COUNCIL OF AUSTRALIA SUBMISSION TO DEPARTMENT OF FOREIGN AFFAIRS AND TRADE ON PROPOSED PACIFIC ALLIANCE FREE TRADE AGREEMENT

AGREEMENT AMENDING ANNEX 1 (CO-OPERATION ON INVESTMENT) OF THE PROTOCOL ON FINANCE AND INVESTMENT

The IISD Model International Agreement on Investment for Sustainable Development: Assessing Progress at Three Years

On Innovative Path for BIT Practice

Options for Investment Liberalization and Business Facilitation to Strengthen the APEC Economies - For Voluntary Inclusion in Individual Action Plans

International Legal Framework on Foreign Investment

FOREIGN DIRECT INVESTMENT PROMOTING AND PROTECTING A KEY PILLAR FOR SUSTAINABLE DEVELOPMENT AND GROWTH

SYSTEMIC ISSUES IN INTERNATIONAL INVESTMENT AGREEMENTS (IIAs)

Environmental (and Social) Standards, and the Risks of Investor-State Dispute

LOCAL CONTENT. Tanzania - Mining

Comments in Response to Executive Order Regarding Trade Agreements Violations and Abuses Docket No. USTR

European Parliament Hearing on Foreign Direct Investment

Trade Policy Committee

2010/IEG/WKSP1/002 Overview of IIAs and Treaty-Based Investment Disputes

LEGAL CERTAINTY GUIDE FOR FOREIGN INVESTORS IN BRAZIL INVESTMENT GUIDE TO BRASIL2018

Workshop on international investment treaties, investment disputes and arbitration

Analytical Summary of the discussions on Corporate Responsibilities and the OECD Guidelines for Multinational Enterprises

Technical Assistance Report

Doing Business in Iran: legal aspects

Comments on Conceptual and Empirical Papers. 2 June, 2016 Junkyu Lee, Principal Economist Asian Development Bank

PHASE 2 OF IIA REFORM: MODERNIZING THE EXISTING STOCK OF OLD-GENERATION TREATIES

China Africa trade-investment links: international economic law perspectives

INDIA-SINGAPORE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT

COMMENTS ON THE MODEL FOR FUTURE INVESTMENT AGREEMENTS English translation 1

International Arbitration: What it is and how it works. Outline of lecture

African Union Commission. Economic Affairs Department. Draft Pan-African Investment Code

Consultation notice. Introduction

World Investment Report 2012

Dispute Resolution & Controversy Services

LOCAL CONTENT. Tanzania - Petroleum

LOCAL CONTENT. Kazakhstan- Mining & Petroleum

European Parliament resolution of 6 April 2011 on the future European international investment policy (2010/2203(INI))

Commentaries on Selected Model Investment Treaties. Edited by CHESTER BROWN

TOWARDS AN INTERNATIONAL FRAMEWORK FOR INVESTMENT FACILITATION

Trade and Environment Briefings: Trade in Environmental Goods

ABOUT OIC AGREEMENTS IN ECONOMIC FIELD

MOROCCO'S EXPERIENCE IN NEGOTIATING BILATERAL INVESTMENT TREATIES (BIT) (EVOLUTION OF CONTENT OF MOROCCAN BITS)

BUSINESSEUROPE PRIORITIES FOR THE FUTURE OF THE SINGLE MARKET

IIA UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT ISSUES NOTE

SPECIALISTS IN INTERNATIONAL LAW ON LATIN AMERICA AND THE CARIBBEAN, S.C.

Regionalism in Services

World Economic Forum Scaling-up Infrastructure Investments and Accelerating Infrastructure Development

ARBITRATION OF CORPORATE DISPUTES AND LISTED COMPANIES

In Search for an Optimal Legal/Institutional Framework for the Americas : Dispute Settlement Mechanisms of NAFTA and MERCOSUR

AIDE MEMOIRE OF THE MEETING OF THE NEGOTIATING GROUP ON THE MAI HELD ON APRIL 1996

Draft Report of the 6th Meeting of the Ad Hoc Working Group on Administrative Reform

Harnessing FDI for Sustainable Development: UNCTAD s IPFSD Investment Policy Framework for Sustainable Development

What is EACSOF? Achievements

Construction and related engineering services

Pakistan s position on July Framework Issues: 1.1 Agriculture

Transcription:

Cooperation and Facilitation Investment Agreement - CFIA Facilitation Initiatives

COOPERATION AND FACILITATION INVESTMENT AGREEMENT BRIEF OVERVIEW Since the 90s, proliferation of Bilateral Investment Agreements (more than 3000 BITs) Focus on traditional protection Increase in the number of investor-state dispute settlement (ISDS) Main criticisms to ISDS: Lack of legal consistency of decisions (vague concepts) High financial cost of arbitration procedures and compensations Restriction to the regulatory discretion of States Little effective protection and high political costs -> (Almost) nobody wants litigation Investors want predictability and celerity; governments, policy space.

COOPERATION AND FACILITATION INVESTMENT AGREEMENT INVESTMENT FACILITATION Making it easier for investors to establish or expand their investments, as well as to conduct their day-to-day business in host countries : Improve transparency and information available to investors; Make administrative procedures for investors more efficient; Enhance the predictability of the policy environment for investors through consultation procedures; Increase accountability and effectiveness of government officials; Prevent and mitigate investment disputes; Technical cooperation and other support mechanisms for investment.

COOPERATION AND FACILITATION INVESTMENT AGREEMENT MAIN PILLARS OF CFIA 1. Improving institutional governance 2. Mechanisms for risk mitigation and prevention of disputes 3. Thematic agendas of cooperation and investment facilitation or Focal Point in each country Joint Committee National Treatment and MFN Direct expropriation Mechanisms of transparency and access to information Business Visa facilitation Payment and currency transfers Regulatory and institutional cooperation exchanges National Committee of Investments, (Coninv) Continuous and prominent participation of the private sector Corporate social responsibility Transfer of funds and currencies Dispute prevention system (phases, time frame, etc). Technical and environmental regulation Professional training Logistics and transports Other

COOPERATION AND FACILITATION INVESTMENT AGREEMENT INSTITUTIONAL GOVERNANCE or Focal Point in each country Facilitator between investors and governments; Information about regulatory matters and business issues; Only investors from a Part are granted direct access to the Brazilian ; Follow up on requests and enquiries of the investors with the national authorities; Continuous cooperation with the other /Focal Point and the Joint Committee with views to prevent disputes and improve capital flows. Joint Committee Continuous agreement monitoring and implementation; Sharing of investment opportunities and positive debate on barriers and obstacles; Strong participation of the investors in discussions and ad-hoc groups; Provides clear and binding Dispute Prevention Procedure.

NATIONAL COMMITTEE OF INVESTMENTS - CONINV Coninv is an interministerial body under the Foreign Trade Board (CAMEX), at the Presidency of Republic Recently created, its main objective is to formulate proposals and recommendations to the Ministers with views to promote and facilitate foreign investments in Brazil and Brazilian investments abroad. Among other functions, Coninv will: Identify international benchmarks of good practices related to investments; Conduct reviews of domestic investment policies; Seek to harmonize domestic investment policies; Consult with the private sector on issues related to the efficiency of administrative procedures. Receive contributions and proposals from the and the Joint Committees created under the CFIAs negotiated by Brazil => formulate concrete policy proposals with the objective of fostering an open, transparent and conducive policy environment for foreign investment in Brazil.

COOPERATION AND FACILITATION INVESTMENT AGREEMENT INVESTMENT FACILITATION INITIATIVES OF CFIAS Cooperation between monetary authorities, regarding risk management, systems of payments, financial inclusion, internal audit, etc. CFIA Brazil-Mozambique Business Visa Facilitation Protocol CFIAs signed with Mozambique, Angola, Malawi, Mexico, Colombia Cooperation in environmental legislation and technical regulations, with views to facilitate and speed the concession of licenses, certificates, etc. CFIAs signed with Mozambique, Angola, Malawi, Mexico, Colombia Cooperation in enhancing logistics and transportation between the countries CFIA Brazil-Colombia Cooperation with views to promoting productive linkages CFIA Brazil-Colombia

UNCTAD S GLOBAL ACTION MENU ON INVESTMENT FACILITATION VIS À VIS CFIA Action Line 1 - Promote accessibility and transparency in the formulation of investment policies, regulations and procedures relevant to investors Action Line 2 - Enhance predictability and consistency in the application of investment policies Action Line 3 - Improve the efficiency and effectiveness of investment administrative procedures Transparency Provisions NT and MFN Dispute Prevention System Joint Committee Action Line 4 - Build constructive stakeholder relationships in investment policy practice Joint Committee Thematic Agendas Action Line 5 - Designate a lead agency or investment facilitator with a specific mandate for disputes prevention and mediation Joint Committee

GLOBAL ACTION MENU ON INVESTMENT FACILITATION VIS À VIS CFIA Action Line 6 - Establish monitoring and review mechanisms for investment facilitation Action Line 7 - Enhance international cooperation for investment facilitation Action Line 8 - Strengthen investment facilitation efforts in developing-country partners through technical assistance Action Line 9 - Enhance investment policy and proactive investment attraction in developing-country partners Action Line 10 - Enhance international cooperation towards investment for development, including through provisions in IIAs National Committee of Investments (CONINV), under the Foreign Trade Board Joint Committee Thematic Agendas Thematic Agendas Thematic Agendas Corporate Social Responsibility Joint Committee

CONCLUDING REMARKS CHALLENGES AND SUGGESTIONS Importance of tackling facilitation agendas on both national and international levels; Cooperation and Facilitation Investment agreement call for a multidisciplinary approach; Some countries misunderstand the role of Ombudsmen/Focal Points in domestic matters; Ombudsmen/Focal Points should have political support and technical staff; Joint Committees should have a dinamic nature and aim at the long-term; Countries need to realize the colective and global benefits of voluntary Investment Facilitation; Support for UNCTAD and G20 discussions and commitments on this subject!

Thank you! Renato Rezende de Campos Souza Deputy Director of International Negotiations renato.souza@mdic.gov.br