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KEY MESSAGES
From January to October 2013, the overall share of more restrictive or regulatory investment policies continued to increase, although countries sought to attract more FDI through selected investment liberalization and promotion. More countries seek to retain foreign investors or promote repatriation by domestic investors. Seventeen economies concluded eight new IIAs, that is four BITs and four other IIAs. The move towards regional IIAs continues as several such agreements entered into force were successfully concluded or are currently negotiated. There are four ongoing regional IIA negotiations involving two regional blocks (EU and ASEAN) and together with their partners a total of 49 economies. The conclusion of negotiations on the EU-Canada CETA creates further momentum for other inter-regional initiatives and other key negotiations.
Note: This report can be freely cited provided appropriate acknowledgement is given to UNCTAD and UNCTADs website is mentioned (www.unctad.org/diae). This publication has not been formally edited.
75 Liberalization/promotion 68%
50
Eleven countries took 16 measures relating to the entry and establishment of foreign investors. Five countries adopted 6 measures with respect to the operational treatment of investment. Twelve countries took 13 measures for the promotion or facilitation of FDI.
25 6% 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
(Jan-Oct)
Restriction/regulation 32%
Source: UNCTAD
Table 1. Summary table of national investment policy measures adopted between June and October 2013
Entry (16) Bolivia, Plurinational State of Burundi Canada China Cuba Denmark Ecuador France Germany Ghana Greece India Indonesia Israel Korea, Republic of Kuwait Mexico Mozambique Panama Philippines Portugal South Sudan Sweden United Kingdom Viet Nam 2 1 1 1 1 1 1 1 1 5 1 1 1 1 1 1 1 1 2 1 1 2 1 1 1 1 Operational treatment (6) 1 Promotion/Facilitation (13) 1
Source: UNCTAD. Note: The numbers above indicate the number of policy measures taken.
1. Entry/Establishment of investment
Eleven countries - Canada, China, Ghana, Greece, India, Republic of Korea, Kuwait, Mexico, Panama, Philippines and Sweden - adopted new policy measures relating to the entry and establishment of foreign investors. In their majority, they relaxed restrictions on foreign ownership or opened up new business opportunities. Insofar as new investment restrictions were adopted, they related to various industries, such as mining and maritime auxiliary services. Among the most noteworthy measures are: Canada amended the Investment Canada Act to clarify when a domestic entity is controlled by foreign State-owned enterprises as part of the process to determine whether an investment is of net benefit to the country.
China launched the China (Shanghai) Pilot Free Trade Zone, introducing various new policy measures in the areas of trade, investment and finance. With regard to inward FDI, the zone adopts a new approach providing for pre-establishment national treatment with a negative list. Specific segments in six service sectors finance, transport, commerce and trade, professional services, cultural services, and public services have been newly opened to foreign investors. India took several liberalization steps in various industries, including telecom, defense and multi-brand retailing.