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Argentina should promptly establish effective liability and sanctions for companies for the offence of foreign bribery and significantly improve its capacity to investigate and prosecute the offence, according to a new report by the OECD Working Group on Bribery.
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Proportionality is one of the three principles that participants in the “Freedom of Investment, National Security and ‘Strategic’ Industries” project agreed should guide investment policy measures addressing national security concerns. This paper aims to support dialogue about proportionality at the OECD Roundtables on Freedom of Investment, as well as summarising responses to a questionnaire on proportionality.
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The OECD Freedom of Investment project provides a forum for discussing how governments can reconcile their duty to safeguard the essential security interests of their people with the need to protect and expand an open international investment system. Critical infrastructure has received special attention in recent changes to national investment policies in some countries. This paper reviews the role of investment policies in broader
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Transparency is the cornerstone of a well-functioning regulatory process. Countries participating in the “Freedom of Investment” project have exchanged experiences and ideas about the transparency and predictability of security-related reviews of foreign investment proposals. This paper summarises the findings of these discussions.
The SME Policy Index 2007 presents the first comprehensive and comparative assessment of progress made in implementing the Charter.
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This report by the OECD Investment Committee was prepared in response to the request of the G7 Finance Ministers and other OECD members last fall to develop guidance for recipient countries’ policies toward investments from SWFs. The OECD addressed this request as part of an ongoing project on Freedom of Investment and National Security, which was launched in view of the rise of investment protectionism and to maintain open markets.
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This paper surveys the societal dimension of 296 international investment agreements (IIAs) signed by the 30 member countries and of by the 9 non-member countries that participate formally in OECD investment work.
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The definition of investor and investment is key to the scope of application of rights and obligations of investment agreements and to the establishment of the jurisdiction of investment treaty-based arbitral tribunals. This factual survey of state practice and jurisprudence aims to clarify the requirements to be met by individuals and corporations in order to be entitled to the treatment and protection provided for under investment
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Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of the umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while
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This report analyses the interactions between the investment and services chapters of 20 regional trade agreements. It classifies agreements into two broad categories of NAFTA-inspired and GATS inspired agreements and identifies four major types of interaction between the investment and trade in services chapters. The report then looks at the implications of the services/investment interface for levels of investment protection and