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ARTICLE · 01 NOVEMBER 2023

Canada & Taiwan Conclude Foreign Investment Protection Arrangement

McMillan LLP
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The Canada-Taiwan Foreign Investment Protection Arrangement ("FIPA") has been concluded after a 22-month gestation. Exploratory discussions between Canada and Taiwan began in January 2022...

CanadaGovernment, Public Sector
Neil Campbell
Neil Campbell
Hannibal El-Mohtar
Hannibal El-Mohtar
Philip Kariam
Philip Kariam
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The Canada-Taiwan Foreign Investment Protection Arrangement ("FIPA")1 has been concluded after a 22-month gestation. Exploratory discussions between Canada and Taiwan began in January 2022,2 and formal negotiations commenced in February 2023.3 The FIPA text is expected to be released publicly in 2023 in English, French, and Chinese after Canada and Taiwan finalize reviewing the legal text.4

This marks the first Canadian investment protection deal since Canada's revision to its Model Foreign Investment Protection Agreement ("Model FIPA") in 2021.5 It is also the most significant bilateral deal between Canada and Taiwan since the 2016 Canada-Taiwan Income Tax Arrangement.6

Canada's Model FIPA was revised in 2021 following the variations on investment protection negotiated in the investment chapters of Canada's most recently negotiated treaties, namely the Canada-European Union Comprehensive Economic and Trade Agreement (CETA),7 the Comprehensive and Progressive

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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