PACER Plus Introductory Investment Workshop

27 Mar 2023 to 29 Mar 2023

Day 1

Day 1: Monday, 27 March 2023
08:30 - 09:00 Registration and Welcome  
09:00 - 09:15

Introduction to PACER Plus and the Investment Chapter

1. What re the principles of PACER Plus, and how are Pacific Islands connected to the global investment environment?
2. Briefly recap the PACER Plus DEC Work Programme and the PPIU.

Mr. Alipate Tavo
09:15 - 10:00

Introduction to interaction of international and domestic investment regimes

1. Overview of the international and Pacific domestic legal regimes applicable to foreign direct investment, supporting strengthened understanding of the regional landscape. Highlight practices in national investment environments across the Pacific with focus on good practices and lessons learned form recent reform processes. It will briefly discuss commonalities and differences in Parties' domestic regulatory regimes including on admission, reserved and restricted sectors.
2. Significance of the Investment Chapter in PACER Plus, other FTAs in the Pacific and at the multilateral level.

Ms Caitlyn McKenzie
 10:00 - 10:15 Morning Tea  
10:15 - 12:30

PACER Plus Investment Chapter Implementation Workshop

1. Structure, definitions, and scope, relationship between the Investment Chapter and other PACER Plus Chapters.
2. High level review of obligations.

Mr Richard Braddock
12:30 - 13:15 Official photo
Lunch
 
13:15 - 15:00

PACER Plus Investment Chapter Implementation Workshop (cont'd)

1. Unpacking the Investment commitments and obligations under PACER Plus.
2. Introduction to the obligations matrix: high level overview of the Investment Chapter commitments and obligations, interpretation, and application.

Mr Richard Braddock
15:00 - 15:15

Afternoon tea

 
15:15 - 16:00

PACER Plus Investment Chapter Implementation Workshop (cont'd)

1. Continued focus on unpacking the Investment commitments and obligations under PACER Plus.
2. How countries can use the obligations matrix to guide implementation.
3. Introduction to the Investment Schedules: principles, approaches, and terminology

Mr Richard Braddock
16:00 - 16:45

Inclusion and Investment Forum

Panel discussion on inclusivity approaches and principles for Investment, learning experiences from Country Partners, and PACER Plus GEDSI Objectives

World Bank
Ms Melissa Collins

 16:45 - 17:00

Recap of Day 1

Close

 

Day 2

Day 2: Tuesday, 28 March 2023  
08:30 - 08:45 Registration and Welcome  
08:45 - 09:45

Recent reform experiences from the Pacific

1. ADB experience advising governments on investment environment reforms.
2. Investors are making political risk assessment, political stability, access to land, dispute resolution.

Investment reform in Vanuatu

Why pursue international trade agreements? What policy/political context has brought on change? What/who are the key drivers for investment reform?

ADB
Ms Minnie Bani
 09:45 - 10:30

Bilateral Investment support to PACER Plus countries

1. Introduction to DFAT supported Investment initiatives (representative to deliver presentation virtually).
2. Introduction to MFAT supported Investment initiatives.

Mr Andrew Cumpson
Ms Judy Wan Min Kee
10:30 - 10:45

Morning Tea

 
10:45 - 12:15

Way Forward for the Pacific - PACER Plus

1. Review of the PACER Plus Investment Chapter, process, and opportunities for Parties.
2. Responses from countries on next steps.

Mr Richard Braddock
Mr Alipate Tavo
12:30 - 13:15

Lunch

 
13:15 - 14:45

Key skills in contracting with non-sovereign foreign investors

1. Focused workshop on key areas of risk, and managing the same, with respect to the State entering into contracts with foreign investors (or foreign governments in furtherance of investments by their nationals), such as concession agreements, state agreements, Public-Private Partnerships (PPPs), or Belt & Road agreements.
2. The session will be based around sample contracts, based on publicly available concession or similar agreements entered into between other States with foreign investors. The sessions will include the common structure and provisions of such agreements, clauses that create risk and managing the same.

Mr Jesse Kennedy
Ms Christina Trahanas
Mr Patrick Pearsall
14:45 - 15:00

Lunch

 
15:00 - 16:15

International investment protections and negotiating investment treaties

1. Analysis of the key protections found in international investment law covered both under principles of customary international law and PACER Plus. Application and implementation of protections against
expropriation, fair and equitable/minimum standards of treatment, full protection and security, national treatment/most-favoured nation treatment, free transfer of funds – What does PACER Plus offer in relation
to other Agreements?
2. "International investment protections and managing disputes with foreign investors"? What is the role of investment contact points and lead investment agencies in investor/state dispute? Why are trade
agreements important? What does PACER Plus offer in comparison to other agreements?

Mr Jesse Kennedy
Ms Christina Trahanas
Mr Patrick Pearsall
16:15 - 16:45

Workshop Evaluation

Post workshop evaluation survey

Mr Luke Marston
16:45 - 17:00

Recap and Close

 

Day 3

Day 3: Wednesday, 29 March 2023
08:30 - 09:00 Opening and registration
Joint participation with the ADB Business Registry Workshop

PPIU
ADB

09:00 - 11:30

ADB Pacific Foreign Direct Investment Study ADB

The study benchmarks foreign investment policy and practice in five Pacific countries against best practice overseas and highlights areas in which better practices for attracting, retaining and distributing the benefits of FDI could be implemented.

ADB

11:30 - 12:00

Recap of workshop, next steps, and closing of PACER Plus Introductory Investment Workshop

 
12:00 - 13:00

Lunch

 
14:00

PPIU supported participants depart for airport