Promoting Responsible Business Conduct through Trade and Investment in the Middle East, North Africa and Türkiye

Annex B. References to responsible business conduct and related clauses in MENA+T Programme Countries’ trade and investment agreements

Table A B.1. References to RBC and RBC clauses in trade agreements concluded by MENA+T Programme Countries

Agreement	Signature date and status	Areas of the MNE Guidelines covered by the clause	Ref. to international RBC instruments in the clause (Yes/No)	Ref. to due diligence in the clause (Yes/No)	Relevant extracts from the agreement	Clause subject to dispute settlement (Yes/No)
BILATERAL TRADE AGREEMENTS
Canada-Jordan Free Trade Agreement	28 June 2009 In force	Labour Environment	No	No	Preamble […] Encourage enterprises operating within their territory or subject to their jurisdiction, to respect internationally recognised corporate social responsibility standards and principles and pursue best practices |…]. Side Agreement on Environment Article 10: Corporate Social Responsibility Recognising the substantial benefits brought by international trade and investment, the Parties should encourage voluntary best practices of corporate social responsibility by enterprises within their territories or jurisdictions, to strengthen coherence between economic and environment objectives. Side agreement on Labour Co‑operation Preamble […] Recognising the importance of encouraging voluntary practices of corporate social responsibility within their territories or jurisdictions, to ensure coherence between labour and economic objectives |…].	No
MULTILATERAL TRADE AGREEMENTS
Free Trade Agreement between the EFTA States and the Republic of Türkiye	25 June 2018 In force	General clause	Yes	No	Preamble […] Acknowledging the importance of good corporate governance and corporate social responsibility for sustainable development and affirming their aim to encourage enterprises to observe internationally recognised guidelines and principles in this respect, such as the Organisation for Economic Co‑operation and Development (OECD) Guidelines for Multinational Enterprises, the OECD Principles of Corporate Governance and the UN Global Compact.	No

Table A B.2. References to RBC and RBC clauses in investment agreements concluded by MENA+T Programme Countries

Agreement	Signature date and status	Areas of the MNE Guidelines covered by the clause	Ref. to international RBC instruments in the clause (Yes/No)	Ref. to due diligence in the clause (Yes/No)	Relevant extracts from the agreement	Clause subject to dispute settlement (Yes/No)
BILATERAL TRADE AGREEMENTS
Agreement between the Government of the Republic of Cabo Verde and the Government of the Kingdom of Morocco for the Reciprocal Promotion and Protection of Investments1	09 May 2023 In force	Labour Environment Human Rights Anti-corruption	No	No	Preamble […] Emphasising the importance of responsible business conduct, the promotion of the principles of transparency, and the fight against corruption; Section III. Obligations and Responsibilities of Investors and Investments Article 18 Compliance with Domestic Laws and International Obligations 18.1 Investments are governed by the laws and regulations of the Host Party and investors and their investments must comply with these laws and regulations as long as they exist in the territory of the latter Party. 18.2 An investor must provide the Host Party with any information it may require regarding its investment for the purpose of making decisions related to such investment or for purely statistical purposes. The Host Party will protect any confidential business information from disclosure that would be prejudicial to the competitive position of the investor or the investment. 18.3 An investor must not commit fraud or provide false information regarding its investment. 18.4 Investors and their investments must comply with the Host Party’s tax legislation, including the timely payment of their tax and social security obligations. Article 19 Anti-corruption, Anti-Money Laundering and Anti-Terrorist Financing 19.1 Before or after establishing an investment in the territory of the Host Party, investors and their investments shall not offer, promise or grant any undue pecuniary or other advantage, directly or through intermediaries, to a public official of the Host Party or to a member of his or her family, one of his or her associates or any other person closely related to him or her, for the benefit of that official or of a third party, in order for that official to act or refrain from acting in the performance of his or her official duties, with a view to obtaining any preference with respect to a proposed investment or to licenses, permits, contracts or any other rights related to an investment. 19.2 In carrying out their activities, investors and their investments admitted to the territory of the Host Party shall apply the principles recognised by the international community in the fight against money laundering and the financing of terrorism. Article 20 Social and Environmental Responsibility 20.1 Investors and their investments shall strive to contribute to the sustainable development of the Host Party and the local community through responsible practices. 20.2 Investors and their investments operating in the territory of each Party shall strive to voluntarily incorporate internationally recognised standards of corporate social responsibility into their internal practices and policies, such as statements of principle that have been approved or supported by the Parties. These principles may address issues such as labour, the environment, human rights, and anti-corruption.	No
Agreement between the Government of the Kingdom of Morocco and the Government of the Union of the Comoros for the Reciprocal Promotion and Protection of Investments2	31 March 2022 In force	Labour Environment Human Rights Anti-corruption	Yes	No	Preamble […] Emphasising the importance of responsible business conduct, the promotion of the principles of transparency, and the fight against corruption; Section III. Obligations and Responsibilities of Investors and Investments Article 18 Compliance with Domestic Laws and International Obligations 18.1 Investments are governed by the laws and regulations of the Host Party and investors and their investments must comply with these laws and regulations as long as they exist in the territory of the latter Party. 18.2 Investors and investments, after their admission, shall comply with the measures of the Host Party that prescribe the formalities relating to the establishment of an investment and accept the jurisdiction of that Party with respect to the investment. 18.3 An investor must provide the Host Party with any information it may require regarding its investment for the purpose of making decisions related to such investment or for purely statistical purposes. The Host Party will protect any confidential business information from disclosure that would be prejudicial to the competitive position of the investor or the investment. 18.4 Any processing of investors’ personal data for the purposes of decision‑making related to their investment, the preparation of statistics, or the resolution of disputes shall be carried out in compliance with the national legislation of the Host Party and/or the relevant international conventions to which both Parties are parties. 18.5 An investor shall not commit fraud or provide false information concerning its investment. A material breach of this paragraph by an investor shall constitute a violation of the Host Party’s domestic law relating to the establishment of its investment. 18.6 Investors and their investments shall comply with the legislation of the Host Party relating to taxation, including the timely fulfilment of their tax and social security obligations. 18.7 Investors shall manage and operate their investments in compliance with the international obligations relating to the environment, labour, and human rights to which both Parties are parties. Article 19 Anti-corruption, Anti-Money Laundering and Anti-Terrorist Financing 19.1 Before or after establishing an investment in the territory of the Host Party, investors and their investments shall not offer, promise or grant any undue pecuniary or other advantage, directly or through intermediaries, to a public official of the Host Party or to a member of his or her family, one of his or her associates or any other person closely related to him or her, for the benefit of that official or of a third party, in order for that official to act or refrain from acting in the performance of his or her official duties, with a view to obtaining any preference with respect to a proposed investment or to licenses, permits, contracts or any other rights related to an investment. 19.2 In carrying out their activities, investors and their investments admitted to the territory of the Host Party shall apply the principles recognised by the international community in the fight against money laundering and the financing of terrorism. 19.3 A violation of paragraphs 19.1 and 19.2 of this Article by an investor or an investment shall constitute a violation of the domestic law of the Host Party relating to the establishment and operation of an investment. 19.4 Where an investor or its investment has violated this Article, neither the investor nor the investment shall have the right to initiate dispute settlement proceedings under any provision of this Agreement. The Host Party may raise this matter as an objection to jurisdiction in the context of any dispute arising under this Agreement or of any procedure provided for in section VI relating to the settlement of disputes between an investor and the Host Party. Article 20 Social and Environmental Responsibility 20.1 Investors and their investments shall strive to contribute to the sustainable development of the Host Party and the local community through responsible practices. 20.2 Investors from one Party operating in the territory of the other Party shall strive to contribute to human capital development, job creation, and technology transfer. 20.3 Investors from one Party operating in the territory of the other Party shall strive to apply the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy of the International Labour Organization and the OECD Guidelines for Multinational Enterprises, as well as any specific or sectoral standards of responsible conduct of the Parties. 20.4 Investors shall manage or operate their investments in accordance with international obligations relating to human rights and labour, responsible business conduct, and the protection of health and the environment, in line with the objectives of mitigation of and adaptation to climate change. 20.5 Investors of one Contracting Party in the territory of the other Contracting Party shall, to the extent possible, encourage the development of human capital and the strengthening of local capacities through close co‑operation with the local community, the creation of employment opportunities, the facilitation of training opportunities for employees, and the transfer of technology. 20.6 A tribunal established pursuant to section VI of this Agreement shall, when determining the amount of compensation, take into account the investor’s failure to comply with the commitments referred to in paragraph 20.4 of this Article.	No
Agreement between the Republic of Djibouti and the Kingdom of Morocco for the Reciprocal Promotion and Protection of Investments3	22 July 2022 In force	Labour Environment Human Rights Anti-corruption	No	No	Preamble […] Emphasising the importance of responsible business conduct, the promotion of the principles of transparency, and the fight against corruption; Section III. Obligations and Responsibilities of Investors and Investments Article 18 Compliance with Domestic Laws and International Obligations 18.1 Investments are governed by the laws and regulations of the Host Party and investors and their investments must comply with these laws and regulations as long as they exist in the territory of the latter Party. 18.2 An investor must provide the Host Party with any information it may require regarding its investment for the purpose of making decisions related to such investment or for purely statistical purposes. The Host Party will protect any confidential business information from disclosure that would be prejudicial to the competitive position of the investor or the investment. 18.3 An investor must not commit fraud or provide false information regarding its investment. 18.4 Investors and their investments must comply with the Host Party’s tax legislation, including the timely payment of their tax and social security obligations. Article 19 Anti-corruption, Anti-Money Laundering and Anti-Terrorist Financing 19.1 Before or after establishing an investment in the territory of the Host Party, investors and their investments shall not offer, promise or grant any undue pecuniary or other advantage, directly or through intermediaries, to a public official of the Host Party or to a member of his or her family, one of his or her associates or any other person closely related to him or her, for the benefit of that official or of a third party, in order for that official to act or refrain from acting in the performance of his or her official duties, with a view to obtaining any preference with respect to a proposed investment or to licenses, permits, contracts or any other rights related to an investment. 19.2 In carrying out their activities, investors and their investments admitted to the territory of the Host Party shall apply the principles recognised by the international community in the fight against money laundering and the financing of terrorism. 19.3 A violation of paragraphs 19.1 and 19.2 of this Article by an investor or an investment shall constitute a violation of the domestic law of the Host Party concerning the establishment and operation of an investment. Article 20 Corporate Social Responsibility The Parties reaffirm the importance for each Party to encourage investors operating in its territory to voluntarily integrate into their domestic policies internationally recognised standards, guidelines, and principles on corporate social responsibility. These standards, guidelines, and principles may cover areas such as labour, the environment, gender equality, human rights, and anti-corruption.	No
Reciprocal Investment Promotion and Protection Agreement between the Government of the Kingdom of Morocco and the Government of the Federal Republic of Nigeria	03 December 2016 Signed (not in force)	Labour Environment Human Rights Anti-corruption	Yes	No	Article 14. Impact Assessment 1. Investors or the investment shall comply with environmental assessment screening and assessment processes applicable to their proposed investments prior to their establishment, as required by the laws of the host state for such an investment or the laws of the home state for such an investment, whichever is more rigorous in relation to the investment in question. 2. Investors or the investment shall conduct a social impact assessment of the potential investment. The Parties shall adopt standards for this purpose at the meeting of the Joint Committee. 3. Investors, their investment and host state authorities shall apply the precautionary principle to their environmental impact assessment and to decisions taken in relation to a proposed investment, including any necessary mitigation or alternative approaches of the precautionary principle by investors and investments shall be described in the environmental impact assessment they undertake. Article 17 Anti-corruption 1. Each Contracting Party shall ensure that measures and efforts are undertaken to prevent and combat corruption regarding matters covered by this Agreement in accordance with its laws and regulations 2. Investors and their Investments shall not, prior to the establishment of an Investment or afterwards, offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a public official of the Host State, or a member of an official’s family or business associate or other person in close proximity to an official, for that official or for a third party, in order that the official or third party act or refrain from acting in relation to the performance of official duties, in order to achieve any favour in relation to a proposed investment or any licences, permits, contracts or other rights in relations to an investment. 3. Investors and their Investments shall not be complicit in any act described in Paragraph 1 above, including incitement, aiding and abetting, and conspiracy to commit or authorisation of such acts. 4. A breach of this article by an investor or an investment is deemed to constitute a breach of the domestic law of the Host State Party concerning the establishment and operation of an investment. 5. The States Parties to this Agreement, consistent with their applicable law, shall prosecute and where convicted penalise persons that have breached the applicable law implementing this obligation. Article 18 Post-establishment obligations 1) Investments shall, in keeping with good practice requirements relating to the size and nature of the investment, maintain an environmental management system. Companies in areas of resource exploitation and high-risk industrial enterprises shall maintain a current certification to ISO 14 001 or an equivalent environmental management standard. 2) Investments shall uphold human rights in the host state. 3) Investors and investments shall act in accordance with core labour standards as required by the ILO Declaration on Fundamental Principles and Rights of Work, 1998. 4) Investors and investments shall not manage or operate the investments in a manner that circumvents international environmental, labour and human rights obligations to which the host state and/or home state are Parties. Article 19 Corporate Governance and Practices 1) In accordance with the size and nature of an investment, a) Investments shall meet or exceed national and internationally accepted standards of corporate governance for the sector involved, in particular for transparency and accounting practices. b) Investments shall establish and maintain, where appropriate, local community liaison processes, in accordance with internationally accepted standards when available. c) Where relevant internationally accepted standards of the type described in this Article are not available or have been developed without the participation of developing countries, the Joint Committees may establish such standards. Article 24 Corporate Social Responsibility 1. In addition to the obligation to comply with all applicable laws and regulations of the Host State and the obligations in this Agreement, and in accordance with the size, capacities and nature of an investments, and taking into account the development plans and priorities of the Host State and the Sustainable Development Goals of the United Nations, investors and their investments should strive to make the maximum feasible contributions to the sustainable development of the Host State and local community through high levels of socially responsible practices. 2. Investors should apply the ILO Tripartite Declaration on Multinational Investments and Social Policy as well as specific or sectorial standards of responsible practice where these exist. 3. Where standards of corporate social responsibility increase, investors should strive to apply and achieve the higher level standards.	No
Investment Cooperation and Facilitation Agreement between the Federative Republic of Brazil and the Kingdom of Morocco 4	13 June 2019 In force	Labour Environment Human Rights Anti-corruption	No	No	Article 13 Corporate Social Responsibility 1. Investors and their investments shall endeavour to achieve the highest possible level of contribution to the sustainable development of the Host Party and the local community by adopting a high degree of socially responsible practices, based on the voluntary principles and standards set forth in this Article. 2. Investors and their investments shall make their best efforts to comply with the following voluntary principles and standards for responsible business conduct and in accordance with the laws adopted by the host Party receiving the investment: (a) Stimulate economic, social and environmental progress with a view to achieving sustainable development; (b) Respect the human rights of those involved in the business activities in accordance with the Host Party’s international obligations and commitments; (c) Encourage local capacity building through close collaboration with the local community; (d) Encourage the development of human capital, in particular by creating employment opportunities and facilitating workers’ access to vocational training; (e) Refrain from seeking or accepting exemptions not provided for in the Host Party’s legislation relating to the environment, public health, safety, work, financial incentives or other areas; (f) Support and maintain the principles of good corporate governance, develop and implement good corporate governance practices; (g) Improve the transparency of its activities in the fight against corruption and extortion, and maintain accurate and reliable books, records and accounts which ensure that they cannot be used for the purposes of corruption and the concealment of acts of corruption; (h) Refrain from offering, promising, granting or directly or indirectly soliciting unlawful payments or other improper advantages with a view to obtaining or maintaining a business or other improper advantage; (i) Adopt internal control mechanisms and appropriate ethics and compliance programmes or measures to prevent and detect corruption; (j) Develop and implement effective self-discipline practices and management systems that foster a relationship of mutual trust between the companies and societies in which operations are performed; (k) Promote workers’ knowledge of corporate policy, through the appropriate dissemination of this policy, including through professional training programmes; (l) Refrain from any discriminatory or disciplinary action against employees who report to the Board of Directors or, where appropriate, to competent public authorities, practices that violate the law or violate the corporate governance rules to which the company is subject; (m) Encourage, as far as possible, business partners, including suppliers and subcontractors, to apply the principles of business conduct consistent with the principles set out in this Article; (n) Respect local political activities and processes.	No
Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Türkiye on the Reciprocal Promotion and Protection of Investments	28 August 2018 Not in force	Labour Environment	No	No	Preamble Recognising that these objectives should be achieved in a manner consistent with the protection of public health, environment, security, safety, and sustainable development as well as with the promotion of internationally recognised labour rights and principles of corporate social responsibility [...]. Article 17. Environmental and Labor Rights and Other Standards [...] 3. Investors and investments should apply national, and internationally accepted, standards of corporate governance for the sector involved, in particular for transparency and accounting practices. Investors and their investments should strive to make the maximum feasible contributions to the sustainable development of the Host State and local community through appropriate levels of socially responsible practices.	No
Agreement between the Government of the Republic of Türkiye and the Government of the Republic of Serbia concerning the Reciprocal Promotion and Protection of Investments	07 September 2022 Not in force	Labour Environment Human Rights Anti-corruption	No	No	Article 11 Corporate Social Responsibility Each Contracting Party should encourage legal persons operating within the territory of its State or subject to its jurisdiction to voluntarily incorporate internationally recognised standards of corporate social responsibility in their practices and internal policies, such as statements of principle that have been endorsed or are supported by the Contracting Parties. These principles address issues such as labour, environment, human rights, community relations, and anti-corruption.	No
Agreement between the Government of the Republic of Türkiye and the Government of the Oriental Republic of Uruguay on the Reciprocal Promotion and Protection of Investments	23 April 2022 Not in force	Labour Environment Human Rights Anti-corruption	No	No	Article 13 Corporate Social Responsibility Investors operating within the territory of each Contracting Party shall endeavour to voluntarily incorporate internationally recognised standards of corporate social responsibility in their practices and internal policies, such as statements of principle that have been endorsed or are supported by the Contracting Parties. These principles may address issues such as labour, environment, human rights, community relations and anticorruption.	No
Agreement on the Promotion and Protection of Mutual Investments between the Government of the Arab Republic of Egypt and the Government of the Kingdom of Saudi Arabia5	15 October 2024 In force	Environment Anti-corruption	No	No	(Chapter Three) Obligations and Responsibilities of Investors) (Article Fourteen) Compliance with Legislation 1 – The investor is obligated to establish, operate, and manage its investments in accordance with the legislation of the host Contracting Party, in particular the following: (a) To be consistent with the protection of health and the environment, and in line with the objectives of mitigating and adapting to the effects of climate change. (b) To respect the standards adopted by the host Contracting Party regarding corporate social responsibility or responsible business practices with the aim of contributing to sustainable development. (c) To comply with by the investor and its investments with the laws of the host Contracting Party, including any exemptions or privileges granted to government entities, bodies, or agencies, or to those exercising public authority. (d) To comply with the tax laws of the host Contracting Party, including the fulfillment of all tax obligations, (e) The investor shall not commit fraud or provide false information regarding its investments in violation of the host contracting party’s laws. (f) Not engaging in corrupt practices or offering, promising, or granting any undue funds or other benefits, for the purpose of obtaining any advantage regarding the proposed investment, licenses, permits, contracts, or any other rights related to the investment. 2. In no case shall this Article be interpreted as conflicting with the obligations set forth in this Agreement.	Yes
MULTILATERAL TRADE AGREEMENTS
Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment	19 February 2023 In force	Labour Environment Human Rights Anti-corruption	No	No	Preamble Affirming the desire to promote accountability, good governance and responsible business conduct in a fair, transparent and predictable investment environment […]. Article 33 Business Ethics, Human Rights and Labour Standards Investors and their investments shall comply with high standards of business ethics, investment-related human rights and labour standards, and in particular shall: a. support and respect the protection of internationally recognised human rights; b. ensure that they are not complicit in human rights abuses; c. comply with the International Labour Organization (ILO) standards, including the ILO Declaration on Fundamental Principles and Rights at Work, and domestic labour legislations; do not use child labour or forced and compulsory labour; e. eliminate discrimination in respect of employment and occupation; f. refrain from discriminatory or disciplinary action against employees who submit reports to the company’s board or to the competent public authorities about practices that violate domestic laws, this Protocol, or other standards of corporate governance to which the company is subject; and g. act in accordance with fair business, marketing and advertising practices when dealing with consumers and must ensure the safety and quality of goods and services they provide. Article 34 Environmental Protection Investors and their investments shall, in carrying out their business activities, respect and protect the environment, and, in particular shall: a. respect the right to a clean, healthy and sustainable environment, as reflected in Article 24 of the African Charter of Human and Peoples’ Rights and the Resolution of the United Nations General Assembly A/ RES/76/300 (“The human right to a clean, healthy and sustainable environment”); b. comply with the principles of prevention and precaution when conducting their business activities to anticipate and prevent any risk of significant harm to the environment; c. carry out an environmental impact assessment, in accordance with the best international standards and practices and as required by domestic law; d. apply the precautionary principle to their environmental impact assessment and to decisions taken in relation to a proposed investment, including any necessary mitigating or alternative approaches to the investment, or precluding the investment if necessary; and e. where their business activities cause or may cause harm to the environment, take steps to mitigate the harm, to restore impacted sites and ensure a clean, healthy and sustainable environment. 2. Investors shall not exploit or use natural resources to the detriment of the rights and interests of the Host State and local communities. Article 35 Indigenous Peoples and Local Communities 1. Investors and their investments shall respect the rights and dignity of indigenous peoples and local communities in accordance with relevant domestic laws and regulations, international law, norms and best practices, including the right of indigenous peoples and local communities where applicable, to free, prior and informed consent as well as to participate in the benefit of the investment. For greater certainty, the reference to the right to free, prior and informed consent of indigenous peoples, does not imply any obligation for investors and their investments to conclude agreements with those groups before conducting or operating their investment in the territory of State Parties which do not recognise indigenous peoples, taking into account applicable and relevant domestic laws and regulations. 2. Investors and their investments shall respect legitimate tenure rights to land, water, fisheries, and forests in accordance with relevant laws and regulations. 3. Investors, in accordance with relevant domestic law and regulations, shall submit their environmental and social impact assessments to the competent authorities and make them available and accessible to local communities and indigenous peoples and to any other stakeholder in the territory of the Host State. Article 37 Anti-Corruption 1. Investors and their investments shall not offer, promise or give any unlawful or undue pecuniary or other advantage or present, whether directly or through intermediaries, to a public official of a State Party, or to a member of an official’s family or business associate or other person in order to obtain a favour or for the official or other person to act or refrain from acting in relation to the performance of official duties 2. Investors shall co‑operate with State Parties in preventing and eliminating corruption in public governance and shall not encourage, incite, aid, abet or conspire with any official or another person or any entity to commit or authorise the commission of an act of corruption, taking into account applicable and relevant domestic laws and regulations, the African Union Convention on Preventing and Combatting Corruption, the United Nations Convention against Corruption and other applicable international legal instruments. 3. Notwithstanding relevant international obligations of State Parties regarding anti-corruption, a breach of this Article by an investor is deemed to constitute a breach of the domestic laws and regulations of the Host State concerning the establishment and operation of an investment. Article 38 Corporate Social Responsibility 1. Investors and their investments shall endeavour to achieve the highest possible level of contribution to the sustainable development of the Host State and the local community, through the adoption of a high degree of socially responsible practices, in accordance with the principles and standards set out in paragraph 2 of this Article. 2. Investors and their investments shall endeavour to: a. stimulate economic, social and environmental progress, aiming at achieving sustainable development; b. encourage the strengthening of local capacities through close co‑operation with the local community; c. encourage the development of human capital, especially by creating employment opportunities and facilitating access of workers to professional training; d. promote gender equality and inclusiveness in their activities; e. refrain from seeking exemptions that are not established in the legislation of the Host State, relating to environment, health, security, work or financial incentives, or other issues; f. develop and apply effective self-regulatory practices and management systems that foster a relationship of mutual trust between the companies and the community in which the operations are conducted; g. promote the knowledge of workers about corporate policies, through appropriate dissemination of these policies, including programmes for professional training; h. encourage, whenever possible, the business associates, including service providers and sub-contractors, to apply the principles of corporate social responsibility provided for in this Article; and i. foster the benefit sharing arising from an investment with the local communities concerned based on mutually agreed terms to facilitate access to an adequate standard of living. 3. State Parties undertake to encourage investors operating within their territories or subject to their jurisdiction to incorporate into their internal policies internationally recognised standards, guidelines and principles of corporate social responsibility including those set out in paragraph 2 of this Article.	Yes
Revised Investment Agreement for the COMESA Common Investment Area (CCIA)	November 2017 In force	Labour Environment Human Rights Anti-corruption	Yes	No	Article 28 Bribery and Corruption 1. COMESA Investors and their investments shall not offer, promise or give any undue pecuniary or other advantage, whether directly or through intermediaries, to a public official of a Member State, or to an official’s relative or business associate or other person in close proximity to an official, for that official or for a third party, in order that the official or third party act or refrain from acting in relation to the performance of official duties, in order to achieve any favour in relation to a proposed investment or any other rights in relation to an investment. 2. COMESA Investors and their investments shall also not be complicit in any act described in paragraph 1 of this Article, including through incitement, aiding and abetting or conspiracy to commit or authorise such acts. 3. Member States shall adopt such legislative and other measures as may be necessary to establish jurisdiction and enforce laws and procedures against any criminal offence committed in whole or in part in their territory by a national, or a COMESA investor and investment or its agent, or by any other person acting in relation to an investment in a Member State. 4. A breach of this article by a COMESA investor or its investment is deemed to constitute a breach of the domestic law of the Host State concerning the establishment and operation of an investment. Article 29 Business Ethics and Human Rights COMESA investors and their investments shall observe the United Nations Guiding Principles on Business and Human Rights with modifications necessary for local circumstances. 2. COMESA investors and investments shall among others: (a) support and respect the protection of internationally proclaimed human rights; (b) ensure that they are not complicit in human rights abuses; (c) uphold the freedom of association and the effective recognition of the right to collective bargaining; (d) eliminate all forms of forced and compulsory labour, including the effective abolition of child labour; and (e) eliminate discrimination in respect of employment and occupation. Where it is necessary to prioritise actions to address actual and potential adverse human rights impacts, COMESA investors should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable. Article 30 Corporate Social Responsibility 1. In pursuit of their economic objectives, COMESA investors and their investments shall proceed in ways that do not conflict with the social and economic development of host countries. Investors shall be sensitive to changes in the social and economic goals of the host countries. 2. Investors and their investments should act in accordance with fair business, marketing and advertising practices when dealing with consumers and should ensure the safety and quality of goods and services they provide. Article 31 Environmental Protection and Social Impact Assessment 1. COMESA Investors and their investments shall, in performing their activities, protect the environment and where such activity causes damages to the environment; take reasonable steps to restore it as far as possible, and to ensure fair compensation is paid to those impacted by the environmental damages. 2. COMESA Investors or their investments shall comply with environmental and social assessment screening criteria and assessment processes applicable to their proposed investments prior to their establishment, as required by the laws of the host state for such an investment. 3. The impact assessments required under paragraph 2 shall include assessments of the impacts on the human rights of the persons in the areas potentially impacted by the investment. 4. COMESA Investors or their investments shall make the environmental and social impact assessments: (a) public; and (b) accessible to the local communities, or other areas with potentially affected interests, in an effective and sufficiently timely manner so as to allow comments to be made to the investor, investment and/or government prior to the completion of the host state processes for establishing an investment. 5. COMESA Investors, their investments and the host state authorities shall apply the precautionary principle to their environmental impact assessment and to decisions taken in relation to a proposed investment, including any necessary mitigating or alternative approaches to the investment, or precluding the investment if necessary. The application of the precautionary principle by investors and investments shall be described in the environmental impact assessment.	No

Notes:

1. 2023 Cabo Verde‑Morocco BIT. Original text of the agreement in French and Portuguese, English translation done by the OECD Secretariat.

2. 2022 Comoros-Morocco BIT. Original text of the agreement in French, English translation done by the OECD Secretariat.

3. 2022 Djibouti-Morocco BIT. Original text of the agreement in French, English translation done by the OECD Secretariat.

4. 2019 Morocco-Brazil BIT. Original text of the agreement in French, English translation done by the OECD Secretariat.

5. 2024 Egypt-Saudi Arabia BIT. Original text of the agreement in Arabic, English translation done by the OECD Secretariat.