L’accord de facilitation des investissements pour le développement : Guide du lecteur

This guide details the WTO's Investment Facilitation for Development (IFD) Agreement, which aims to increase FDI in developing countries and LDCs by improving transparency, simplifying administration, and promoting sustainable investment. It outlines a plurilateral approach where signatories commit to procedural reforms, while benefiting from Special and Differential Treatment (S&DT) for capacity building.

• The IFD Agreement aims to facilitate foreign direct investment (FDI) flows, specifically toward Least Developed Countries (LDCs) and developing countries, to foster sustainable development by improving transparency, simplifying administrative procedures, and promoting international cooperation.
• The scope of the agreement is limited to measures related to FDI and specifically excludes purely financial investments, such as portfolio investments, as well as government procurement and subsidies not granted to foreign investors under national laws.
• To prevent legal overlaps with existing International Investment Agreements (IIAs), the IFD Agreement includes a 'firewall' provision stating that a failure to implement IFD obligations cannot be used to prove a breach of other IIAs or justify Investor-State Dispute Settlement (ISDS) claims.
• The agreement mandates transparency through the publication of general application measures, the creation of a single information portal, and the provision of key information online, including requirements for temporary stay and admission of individuals for investment purposes.
• Administrative procedures for FDI authorizations must be reasonable, objective, and impartial. The agreement requires that applicants be informed of incomplete applications, receive explanations for rejections, and have access to independent review or appeal processes.
• The agreement promotes cooperation between governments and investors through the establishment of focal points and the creation of databases for national suppliers, particularly Small and Medium-Sized Enterprises (SMEs), to integrate them into global value chains.
• Special and Differential Treatment (S&DT) allows developing countries and LDCs to self-determine their implementation timelines across three categories: Category A (immediate or within one year for LDCs), Category B (transition period), and Category C (requiring targeted capacity building and technical assistance).
• The agreement includes provisions for sustainable investment, encouraging companies to voluntarily adopt internationally recognized Responsible Business Conduct (RBC) principles and requiring states to implement anti-corruption and anti-money laundering measures.
• Obligations related to sustainable investment (RBC and anti-corruption) are explicitly excluded from the WTO's dispute settlement mechanism, making them non-binding in terms of legal recourse.
• The agreement will enter into force once 75 Parties have deposited their instruments of acceptance. It proposes the creation of an Investment Facilitation Committee to monitor progress and explore the possibility of a dedicated fund for capacity building in developing countries.
• The current legal strategy is to incorporate the IFD Agreement into the WTO framework as a plurilateral agreement under Annex 4, meaning obligations apply only to signatories, though non-signatories may benefit from the resulting procedural improvements.

APA

Jose, R. (2024). L’accord de facilitation des investissements pour le développement : Guide du lecteur. International Institute for Sustainable Development. https://www.iisd.org/system/files/2024-03/investment-facilitation-development-agreement-wto-fr.pdf

Chicago

Jose, Rashmi. L’accord de facilitation des investissements pour le développement : Guide du lecteur. International Institute for Sustainable Development, 2024. https://www.iisd.org/system/files/2024-03/investment-facilitation-development-agreement-wto-fr.pdf.

Wikipedia

{{cite report |last1=Jose |first1=Rashmi |title=L’accord de facilitation des investissements pour le développement : Guide du lecteur |publisher=International Institute for Sustainable Development |date=February 2024 |url=https://www.iisd.org/system/files/2024-03/investment-facilitation-development-agreement-wto-fr.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{jose2024laccord, author = {Jose, Rashmi}, title = {{L’accord de facilitation des investissements pour le développement : Guide du lecteur}}, institution = {International Institute for Sustainable Development}, year = {2024}, month = feb, url = {https://www.iisd.org/system/files/2024-03/investment-facilitation-development-agreement-wto-fr.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }