Pakistan and the United States have decided to restart stalled negotiations on the Bilateral Investment Treaty (BIT), with Finance Minister Ishaq Dar saying that the government was ready to discuss all outstanding issues “with an open mind”.
“We are taking forward the process from where it was left off,” said Dar following his meeting with visiting President of Overseas Private Investment Corporation (OPIC) Elizabeth Littlefield and senior US Embassy officials on Tuesday.
However, he refused to give any timeline for a future agreement on the BIT. A number of areas were still pending further discussion, he said.
Pakistan is keen to sign the treaty, aimed at attracting US investment, but negotiations have been going on since 2005, without any tangible results, say Board of Investment officials.
During the last government, both countries had reached the final stages of negotiations on the BIT before the process was stalled by the Strategic Plans Division (SDP). The then chairman of the Board of Investment, Saleem Mandviwalla, had revealed at that time that the SPD had expressed serious reservations over the security of the country’s nuclear and defence programme if it were opened to foreign investment.
According to a draft of the treaty, Pakistan was willing to allow foreign investment in all sectors, including defence and nuclear technology. There was to be no restriction on foreign nationals serving in executive positions in firms, irrespective of the sector they are involved in.
The United States is also seeking clauses in the treaty which would resolve all disputes in accordance with US laws and provide protection to US companies that have invested from a third country of origin.
In addition to the above, the Americans are also seeking clauses which will allow them to be notified of any changes in investment policies, prior to their approval by Pakistan’s parliament.
While Dar said that no thorny issues were discussed in Tuesday’s meeting, it is known that the negotiations have been stalled due to Pakistan’s concerns over security clauses inserted in the draft treaty, besides other matters.
The other lens
Addressing the press conference, Littlefield said that cumulative investments through OPIC into Pakistan had increased from $80 million to $300 million, witnessing a manifold increase during the past couple of years.
Expressing optimism that the new government would overcome challenges facing the country, Littlefield said investments in energy and education sectors were essential for Pakistan’s progress.
Voicing her country’s desire to enhance bilateral cooperation in power generation through wind and bio-gas, she said American companies are already involved in development of Pakistan’s energy sector, with General Electric running a 50 megawatt electricity project in Sindh.
Later on, while speaking to the business community Littlefield said the investors were nervous about security, governance and energy issues but nevertheless were optimistic in tapping a market of 200 million people.
She said governance was the biggest challenge hindering investment to Pakistan, adding that the new chairman of the Board of Investment had assured her reduction in the red-tape culture.
Littlefield seemed upbeat about an improvement in governance in Pakistan after the change of government saying that “there is an uptick in optimism but I would still not call it an upsurge.”
Published in The Express Tribune, July 17th, 2013.
COMMENTS (15)
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We have seen us sending her agents on the form of contractors and investors. Allowing foreign us based investors to invest in defense and nuclear technology will drag the state into a threatening situation.
Bilateral treaty is a treaty which is signed between the two countries without making any compromise on one's national interests. Pakistan formally instituted an elaborate Nuclear Command and Control mechanism that comprises National Command Authority (NCA), Strategic Plans Division (SPD) and it is duty of this command and control structure to provide security clearance of all the personnels and equipments of the investor's country. So, SPD did its work being loyal to the country.
After US flatly and very openly denial on nuclear cooperation, is it really productive to look forward for a US cooperation?? Although being a part of globalization, it is difficult to avoid a state having double standards to work with. Pakistan should vast its horizons of cooperation with other states also and diversify its economic cooperation around the globe. It should be clear that SPD is one of the important pillars of National Command Authority to make sure the safety and protection of Pakistan nuclear assets. Pakistan’s nukes are the instruments of states survivability. US should openly be stopped by Pakistani government to propose those plans which has the potential to give a little room to unknot any detail of nuclear weapons program of Pakistan.
If the BIT can't take into account Pakistani interests and the politicial govt can be bought to sign the treaty then every Pakistani security organisation has all the rights to stop or stall the negotiations.
As article Article 5 of the BIT calls for fair and equitable treatment and full protection and security. This standard requires a host state to provide security to physical equipments, technology and personnel of the investing party during the civil war or unrest in the host country.
This treaty can provide an advantage to the US investors to demand for compensation in the guise of security expenditure of the investment.
Lastly now recently the case of NSA
@Khalq e Khuda: "....Nawaz Sharif should understand this and don’t fall into this lure which would never materialise." . Understanding comes in secondarily, for NS of utmost importance remains the subservience to maai baa. Remember the hurried trip to meet Clinton and compromising Kargil.
During the last government, both countries had reached the final stages of negotiations on the BIT before the process was stalled by the Strategic Plans Division (SDP)
In other words, Pakistan ticks all the boxes on the checklist but US is not interested in stabilising Pakistan in anyway. First they fooled Musharraf with lure of Bilateral Investment Treaty and Reconstruction Opportunities Zones (ROZs) for KPK, FATA and Balochistan. Musharraf never realised it and Zardari realised it too late that these are false promises. Though he still gave go ahead for Iran Pakistan pipeline and power transmission line while connecting Gwadar with the Iranian grid.
US has already fooled us twice; Nawaz Sharif should understand this and don't fall into this lure which would never materialise.
Dear Sirs
Here we go again, the roller coaster... America promising everything but giving a few meagre carrots to our elect predictable Nawaz Shariff.
Nawaz never learns the mindset of US officials, he's always going be their stooge, their little Pakistani puppet. No doubt, they will be sending the message 'dont go ahead with the Iran - Pakistan oil pipeline. They damn will know that if this joint venture is completed there will be two almost independent muslim states. Let them live and depend on us ! It's for sure that this government will not complete the I-P pipeline project as the Saudis to are effectively puppets of the US.
How could the West see Muslims uniting as one UMMAH Sunni and Shia working together and making progress?
Remember the old famous cliche divide brothers and rule.
If America wishes to gain the trust of this nation it had lost by pursuing opportunist policies in the past it should deal with Pakistan on equal footing as it deals with India. That America should offer the same civil nuclear treaty it has offered India. Other helping gestures will be peanuts.
"Pakistan is keen to sign the treaty, aimed at attracting US investment, but negotiations have been going on since 2005, without any tangible results, say Board of Investment officials."
Does one need a brain surgeon to tell Pakistani side to not waste time on these negotiations as they are not going to go anywhere for next eight years either.
A wastage of time, energy, and TADA. A 'red herring' in murky waters. Salams
US going to invest more drones in pakistan.
Is the IP gas pipeline project shelved?
Please be use your mind, PML-N dont go for out of dated tech.
The issue isnt concerns of the SPD, the elephant in the room is intellectual property rights and piracy that is running rampant.