Report No. 260

(ii) Suggested draft:

4.4.4 Specific drafting language is not provided. However, the following suggestions are made:

1. Open-ended disclosure requirements such as those in Article 10.6 should be avoided. Instead, an exhaustive list of disclosures should be clearly delineated in the BIT, or the provision should state that any such disclosure requirement will be applicable only if it has been clearly communicated in advance by the Host State.

2. A provision stating the manner in which the Host State will use the information disclosed by the investor/investment may be added. It should also clarify that the Host State will protect confidential business information, and will not compromise business interests or the competitive position of the investor or the investment.

3. Any obligations imposed upon investors under the BIT must take into consideration the National Treatment obligations that are provided for through the same treaty.