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Title page 1

Contents 9

Acknowledgments 2

Executive Summary 3

1.0. Introduction 13

2.0. Structure and Methodology 16

3.0. Mineral Value Chains and Security of Supply 17

4.0. The Differing Objectives of Exporters and Importers 19

4.1. Objectives of Exporting Countries 19

4.2. Objectives of Importing Countries 20

4.3. Trade and Investment Agreements as a Pathway to Sustainability 21

5.0. Relevance of Existing Trade Agreements 24

5.1. History of Trade Agreements for Critical Minerals 24

5.2. FTA Negotiations and Relevant Provisions for Critical Minerals 24

6.0. The Relevance of Existing Investment Agreements 30

6.1. The History of Investment Agreements for Critical Minerals 30

6.2. Investment Negotiations and Relevant Provisions for Critical Minerals 32

7.0. Trade and Investment Provisions in Case Studies 37

7.1. Chile 37

7.2. The Democratic Republic of the Congo 48

7.3. Indonesia 56

8.0. Conclusion 67

References 69

Tables 10

Table 1. Case study coverage of minerals, geographic areas, and income levels 16

Table 2. Countries' interests in setting objectives in trade and investment agreements 19

Boxes 10

Box 1. A word on terminology: Free trade agreements, investment treaties, framework agreements, and MOUs 14

Box 2. Net importer objectives: China, the EU, and the United States 22

Box 3. Traditional FTAs 26

Box 4. Investor-state dispute settlement 31

Box 5. Example provisions on energy and raw materials in the 2023 Chile-EU Advanced Framework Agreement 44

Box 6. Joint Interpretative Declaration on the Investment Protection Agreement between Chile and the EU and its Member States 46