World Trade Organization WT/WGTI/W/120 19 June 2002 (02-3397) Working Group on the Relationship between Trade and Investment Modalities for pre-establishment commitments based on a gats-type, positive list approach Note by the Secretariat Note by the Secretariat EXECUTIVE SUMMARY "Modalities for pre-establishment commitments based on a GATS-type, positive list approach" is one of the seven topics listed in Paragraph 22 of the Doha Ministerial Declaration that is to be clarified by the Working Group. Paragraph 22 also cites a number of other parameters that are to be taken into account in any multilateral framework. One that is relevant to this topic is: "any framework should enable Members to undertake obligations and commitments commensurate with their individual needs and circumstances". Pre-establishment treatment refers to the laws and regulations of a host country that govern the entry of foreign investment. They determine