This document discusses investment policies and promotion in the Middle East and North Africa region. It contains two figures showing the total number of bilateral investment treaties concluded and intra-regional bilateral investment treaties among MENA countries. It also outlines the main features of MENA countries' approaches to bilateral investment treaties, including dispute settlement mechanisms. Finally, it lists several regional investment agreements between countries in the Arab League, Arab Maghreb Union, Organisation of Islamic Cooperation, and Common Market for Eastern and Southern Africa.

1. Working Group on Investment Policies and Promotion:
Mitigating Risks and Seeking New Opportunities
19-20 March 2013
Introduction
Marie-Estelle Rey
Senior Policy Analyst, MENA-OECD Investment Programme

2. Figure 1: Total BITs concluded by
MENA countries
2
Source:MENA-OECD Investment Programme / UNCTAD / Kluwer Law International, 2013.
51
31
7
103
6
52
59
51
32
19
62
33
2
49
24
55
38 37
24
20
1
72
1
39 37 38
16
6
43
24
1
17 19
33
28
23
0
20
40
60
80
100
120
Total signed
BITs
Total BITs in
force

3. Figure 2: Total intra-MENA BITs
3
Source:MENA-OECD Investment Programme / UNCTAD / Kluwer Law International, 2013.
12
7
1
15
2
11
10
11
5
6
13
7
1
9
2
13
8
11
5 5
0
14
1
8
4
10
2 2
11
6
1
2
1
6
7
5
0
2
4
6
8
10
12
14
16
Intra-MENA
signed BITs
Intra-MENA BITs
in force

4. Main features
• Active BIT signatories since 1990’s
• Few FTAs with investment chapters
Morocco-USA FTA signed in 2006
Oman-USA FTA signed in 2009
• Traditional approach
• Dispute Settlement: national courts and
international arbitration
4

5. Regional investment agreements
• Arab League:
 1980 Investment Agreement
 2000 Agreement on the Encouragement and Protection of
Investments and Transfer of capitals and Agreement on the Settlement
of Investment Disputes (Council of Arab Economic Unity)
 2013 Amendment to the Arab Investment Agreement
• AMU:
 1993 Convention on Encouragement and Protection of Investment
• OIC:
 1986 Agreement on Promotion, Protection and Guarantee
• COMESA:
 2007 Common Investment Area
5