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Transcript of Access to Information at Development Banks
ACCESS TO
INFORMATION AT
DEVELOPMENT
BANKSGaia Larsen Roland Widmer amp Bradley Schliesmann Photo flickr Gerardo Pesantez World Bank
INTRODUCTION
Transparency is vital for good governance and effective sustainable development Access to information is a key element of development effectiveness Information allows the public to understand the actions of their government and the financial institutions active in their country and helps people hold these actors accountable for their actions
As a result of public pressure to embrace transparency many development banks have developed policies to allow public access to information about their activities These policies aim to clarify what information is available to the public how the public can access that information and what types of information are to be kept from public access
GLOBAL DEVELOPMENT BANKS
The following global development banks are included in this slide deck
bull World Bank (WB composed of IBRD amp IDA) ndash finances public actors globally
bull International Finance Corporation (IFC) ndash finances private actors investing in developing countries
bull Multilateral Investment Guarantee Agency (MIGA) ndash provides political risk insurance guarantees to private companies investing in developing countries
Photo flickrInternational Rivers flickrLuke Mackin flickr CGIAR
DOCUMENTS REVIEWED ndash
GLOBAL DEVELOPMENT BANKS
Instit Policy Related Documents1
WBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
IFC bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
MIGA bull Public Information Policy (2014) bull Environmental and Social Policy
1 These documents provide further details on how the ATI policy is to be implemented
REGIONAL DEVELOPMENT BANKS
The following regional development banks are included in this slide deck
bull African Development Bank (AfDB) ndash supports public and private actors in Africa
bull Asian Development Bank (ADB) ndash supports public and private actors in Asia
bull European Bank for Reconstruction and Development (EBRD) ndash supports micro small
and medium-sized enterprises in Europe western Asia and northern Africa
bull European Investment Bank (EIB) ndash invests primarily in the poorer European countries
bull Inter-American Development Bank Group (IDB) ndash supports governments and
companies in Latin America and the Caribbean
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
INTRODUCTION
Transparency is vital for good governance and effective sustainable development Access to information is a key element of development effectiveness Information allows the public to understand the actions of their government and the financial institutions active in their country and helps people hold these actors accountable for their actions
As a result of public pressure to embrace transparency many development banks have developed policies to allow public access to information about their activities These policies aim to clarify what information is available to the public how the public can access that information and what types of information are to be kept from public access
GLOBAL DEVELOPMENT BANKS
The following global development banks are included in this slide deck
bull World Bank (WB composed of IBRD amp IDA) ndash finances public actors globally
bull International Finance Corporation (IFC) ndash finances private actors investing in developing countries
bull Multilateral Investment Guarantee Agency (MIGA) ndash provides political risk insurance guarantees to private companies investing in developing countries
Photo flickrInternational Rivers flickrLuke Mackin flickr CGIAR
DOCUMENTS REVIEWED ndash
GLOBAL DEVELOPMENT BANKS
Instit Policy Related Documents1
WBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
IFC bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
MIGA bull Public Information Policy (2014) bull Environmental and Social Policy
1 These documents provide further details on how the ATI policy is to be implemented
REGIONAL DEVELOPMENT BANKS
The following regional development banks are included in this slide deck
bull African Development Bank (AfDB) ndash supports public and private actors in Africa
bull Asian Development Bank (ADB) ndash supports public and private actors in Asia
bull European Bank for Reconstruction and Development (EBRD) ndash supports micro small
and medium-sized enterprises in Europe western Asia and northern Africa
bull European Investment Bank (EIB) ndash invests primarily in the poorer European countries
bull Inter-American Development Bank Group (IDB) ndash supports governments and
companies in Latin America and the Caribbean
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
GLOBAL DEVELOPMENT BANKS
The following global development banks are included in this slide deck
bull World Bank (WB composed of IBRD amp IDA) ndash finances public actors globally
bull International Finance Corporation (IFC) ndash finances private actors investing in developing countries
bull Multilateral Investment Guarantee Agency (MIGA) ndash provides political risk insurance guarantees to private companies investing in developing countries
Photo flickrInternational Rivers flickrLuke Mackin flickr CGIAR
DOCUMENTS REVIEWED ndash
GLOBAL DEVELOPMENT BANKS
Instit Policy Related Documents1
WBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
IFC bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
MIGA bull Public Information Policy (2014) bull Environmental and Social Policy
1 These documents provide further details on how the ATI policy is to be implemented
REGIONAL DEVELOPMENT BANKS
The following regional development banks are included in this slide deck
bull African Development Bank (AfDB) ndash supports public and private actors in Africa
bull Asian Development Bank (ADB) ndash supports public and private actors in Asia
bull European Bank for Reconstruction and Development (EBRD) ndash supports micro small
and medium-sized enterprises in Europe western Asia and northern Africa
bull European Investment Bank (EIB) ndash invests primarily in the poorer European countries
bull Inter-American Development Bank Group (IDB) ndash supports governments and
companies in Latin America and the Caribbean
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
DOCUMENTS REVIEWED ndash
GLOBAL DEVELOPMENT BANKS
Instit Policy Related Documents1
WBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
IFC bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
MIGA bull Public Information Policy (2014) bull Environmental and Social Policy
1 These documents provide further details on how the ATI policy is to be implemented
REGIONAL DEVELOPMENT BANKS
The following regional development banks are included in this slide deck
bull African Development Bank (AfDB) ndash supports public and private actors in Africa
bull Asian Development Bank (ADB) ndash supports public and private actors in Asia
bull European Bank for Reconstruction and Development (EBRD) ndash supports micro small
and medium-sized enterprises in Europe western Asia and northern Africa
bull European Investment Bank (EIB) ndash invests primarily in the poorer European countries
bull Inter-American Development Bank Group (IDB) ndash supports governments and
companies in Latin America and the Caribbean
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
REGIONAL DEVELOPMENT BANKS
The following regional development banks are included in this slide deck
bull African Development Bank (AfDB) ndash supports public and private actors in Africa
bull Asian Development Bank (ADB) ndash supports public and private actors in Asia
bull European Bank for Reconstruction and Development (EBRD) ndash supports micro small
and medium-sized enterprises in Europe western Asia and northern Africa
bull European Investment Bank (EIB) ndash invests primarily in the poorer European countries
bull Inter-American Development Bank Group (IDB) ndash supports governments and
companies in Latin America and the Caribbean
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
DOCUMENTS REVIEWED ndash
REGIONAL DEVELOPMENT BANKS
Instit Policy Related Documents
AfDBbull Policy on Disclosure and Access to
Information (2012)
bull Disclosure and Access to Information
Handbook
ADB bull Public Communications Policy (2011)
bull ADB Disclosure Handbook
bull Translation Framework
bull Safeguard Policy Statement
EBRD bull Public Information Policy (2014) bull Environmental and Social Policy
EIB bull EIB Transparency Policy (2010)
bull Guidance Note for Promoters and
Partners on the EIBrsquos Transparency
Policy
bull EIB Statement of Environmental amp Social
Principles amp Standards
IADB bull Access to Information Policy (2010)bull Environment and Safeguards
bull Compliance Policy
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
NATIONAL DEVELOPMENT BANKS
These national development banks that are included in this slide deck
bull Development Bank of Southern Africa (DBSA) ndash a South African bank which supports primarily large infrastructure projects in southern Africa
bull French Agency for Development (AFD) ndash public development finance institution that fights poverty and fosters economic growth in low and middle income countries and the French Overseas Provinces
bull Overseas Private Investment Corporation (OPIC) ndash US Governmentrsquos development finance institution which mobilizes private capital to support US companies investing in developing countries
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
DOCUMENTS REVIEWED ndash
NATIONAL DEVELOPMENT BANKS
Instit PolicyLaw Related Documents
AFD
bull Transparency Policy (2007)
bull French Law on Development Policy and
International Solidarity (2014)
bull Annex to the Transparency Policy
French Law 2014-773
bull Interdepartmental Committee on
International Cooperation amp
Development (2013) Summary of
Decision
DBSA
bull DBSA Promotion of Access to
Information Act A Guide to Access
Information (2012)
bull DBSA Environmental and Social
Safeguard Standards (2014)
OPIC
bull United States Freedom of Information
Act (FOIA)
bull FOIA regulations at 22 CFR Part 706
bull Open Government Plan
bull Information Quality Guidelines
bull Environmental and Social Policy
Statement (2010)
bull FOIA FAQ
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
NATIONAL DEVELOPMENT BANKS
NOT REVIEWED
While some national development banks have developed access to information policies (often in reaction to legal requirements associated with their home country) other national banks still lack policies outlining the publicrsquos right to gain access to information about their activities This includes some of the worldrsquos largest development banks such as
bull Brazilrsquos National Development Bank (BNDES) and
bull China Development Bank (CDB)
Due to the lack of policies at these institutions we did not include them in this analysis
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
WHY
TRANSPARENCY
Photo flickrFXP
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
STATED INTENT OF THE ATI POLICIES
The Access to Information (ATI) policies of the development banks aim to boost institutional effectiveness in delivering development results This appears to be particularly true for the global and regional banks
bull The IFC ldquobelieves that transparency and accountability are fundamental to fulfilling its development mandaterdquo
bull The ADB policy aims to ldquo[i]ncrease the development impact of ADB operationsrdquo
bull The IDB expects that transparency will ldquoimprove the quality of its operationsrdquo
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
TRANSPARENCY ACCOUNTABILITY
amp LEGITIMACY
Development banks state that transparency can increase accountability
bull AfDB ldquothrough greater transparency stakeholders are able to monitor the outcomes of Bank Group operations and therefore help assure that benefits reach the intended beneficiariesrdquo
bull World Bank greater openness ldquonot only assists in exposing potential wrongdoing and corruption but also enhances the possibility that problems will be identified and addressed early onrdquo
They also state that transparency builds trust and legitimacy
bull ADB an objective of the policy ldquois to enhance stakeholdersrsquo trust in and ability to engage with ADBrdquo
bull EBRD ldquobelieves that transparency and accountability are fundamental tohellip strengthening public trust in the EBRDrdquo
bull IFC ldquowhen clients are committed to transparency and accountability they help promote the long-term profitability of their investmentsrdquo
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
WHAT DO THE
POLICIES
INCLUDEPhoto flickrEvgeni Sotov
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
PRESUMPTION IN FAVOR OF ACCESS
The ATI policies are based on certain fundamental principles One such principle is tomaximize disclosure by making all information open and available to the public unlessit falls into one of the limited and clearly defined exceptions This principle is known asthe ldquopresumption in favor of accessrdquo
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy have a presumption in favor of access
Yes Yes Yes Yes Yes Yes Yes Yes No Yes1 Yes
1 South Africarsquos Promotion of Access to Information Act provides a presumption in favor of access which legally should apply to DBSA The DBSA policy does not specifically state this however
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
PROACTIVE DISCLOSURE
One main way that the development banks give access to information is by providing such information regularly on their website or at information centers at their headquarters and in-country offices without people having to ask for it first
ATI policies tend to list at least some of the informationthat the banks must discloseproactively to the public which allows people to access that information without having to first submit a requestto the institution
Photo flickrMagnus Halsnes
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
EXAMPLES OF PROACTIVELY
DISCLOSED INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Board meeting minutes
Yes Yes Yes Yes Yes Yes No Yes No No Yes
Board Committee meeting minutes
Yes Yes YesSome-
times1 No No No Yes No No Yes
ProjectProgram documents
Yes Yes Yes Yes YesSumm-
aries Yes Yes Yes NoSumm-
aries
Country Strategies Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Environmental amp Social Impact Assessments
Yes Yes Yes Yes YesSome-
times2 Yes Yes No No Yes
Information on how to access information
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
1 When the committee makes a decision and a subsequent Board discussion is not expected2 Environmental and Social Impact Assessments are disclosed for Category A projects summaries are disclosed for other types of projects
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
REQUESTS FOR INFORMATION
The development banks also provide information upon request All of the banks have sections or divisions responsible for overseeing implementation of their ATI requirements and requests for information can usually be submitted to these bodies via online forms email fax regular mail or in person
Photo flickrMeena Kadri
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
WHO IS RESPONSIBLE FOR
IMPLEMENTATION
GLOBAL
IFC Public Affairs
MIGA Corporate Communications Unit
WB External and Corporate Relations Archives Unit Legal Department
REGIONAL
AfDB Communication and External Relations Department (CERD)
ADB Public Information amp Disclosure Unit (InfoUnit)
EBRD Secretary General Communications Department
EIB Communications Department
IDB Office of the Secretary ndash Access to Information Section
NATIONAL
AFDStrategy Partnership and Communication Directorate ndash Strategic Steering and
Accountability Division
DBSA Information Officer (CEO) Deputy Information Officer
OPIC Office of External Affairs Office of the Chief Information Officer FOIA Office
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
HOW LONG DO THE BANKS HAVE TO RESPOND
GLOBAL
IFC Response in 30 days unless additional time required due to scope of request
MIGA ldquoEndeavorsrdquo to respond within 30 days unless more time is required
WBAcknowledged within 5 working days response within 20 working days Additional time may be needed
REGIONAL
AfDBAcknowledged within 5 working days more comprehensive response within 20 working days More time may be needed in some special circumstances
ADBAcknowledged within 5 working days and notification as soon as a decision has been made but no later than 20 working days
EBRDAcknowledged generally within 5 working days not more than 10 working days Normal response within 20 working days can be expanded to max 40 working days
EIB Reply ldquowithout delay no later than 15 working days
IADBResponse within 30 calendar days 45 calendar days for historic information If more time is required the public information center will inform the requester
NATIONAL
AFD Reply within 30 business days If more time required will contact requester
DBSA Will inform the requestor of his decision within 30 days may extend to max 30 days
OPICThe FOIA requires OPIC to respond within 20 working days of receipt In unusual circumstances OPIC may require an extension of time or expedite process
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
ARE TRANSLATIONS AVAILABLEGLOBAL
IFC IFC will respond to requests in English but if receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
MIGAMIGA will respond to request in English but it receives requests in other languages will try to respond in that language Abides by WBG Translation Framework
WBOfficial languages Arabic Chinese English French Portuguese Russian and Spanish The Bank translates documents in accordance with the WBG Translation Framework
REGIONAL
AfDBRequests should be submitted to AfDB in English or French However the Bank has the discretion to accept requests made in another official language of a member country
ADBWill conduct translations based on Translation Framework Criteria for undertaking translation audience literacy level relevant languages alternatives time required costs
EBRDRequests in Russian German or French will be responded to in that language May also forward requests to Resident Offices for translation Otherwise response in English
EIBEIBs statutory documents are available in official EU languages while others are available in English French and German Other translation considered if wide interest
IADB Should publish public versions of documents in all languages available
NATIONAL
AFD Information is disseminated in its existing form in the language in which it was drafted
DBSA Must provide a manual with certain information in at least 3 of South Africarsquos languages
OPIC [no mention in regulation]
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
HOW MUCH DO THE BANKS CHARGE GLOBAL
IFC There may be a standard charge for hard-copy documents or for documents on electronic discs or drives other than a Summary of Investment Information Summary of Advisory Services Project Information or an Environmental and Social Review Summary
MIGAThere may be a standard charge for hard-copy documents or a CD-ROM other than a Summary of Proposed Guarantee or an Environmental and Social Review Summary
WBThe Bank may charge reasonable fees for providing digital or hard copies particularly for requests that are complex or time consuming The bank has not charged fees to date
REGIONALAfDB [no mention in policy]
ADB [no mention in policy]
EBRD [no mention in policy]
EIBAn applicant may be charged a fee to cover for reasonable costs arising from making available requested document(s)
IADBThe Access to Information Committee is responsible for establishing service fees and standards Currently no fees are charged
NATIONALAFD No charge
DBSA A requester must pay an access fee for reproduction search and preparation of the record
OPICFees charged for cost of searching for reviewing duplicating tabulating and compiling information based on intended use of the information Can be waived in public interest
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
WHAT TYPE OF INFORMATION DO THE
BANKS EXCLUDE FROM DISCLOSURE
The ATI policies list information to be excluded from disclosure either for a limitedperiod of time or forever Exceptions to disclosure are vital to a successful ATI policy inorder to ensure that truly sensitive information which could cause harm if releasedremains closed to the public
Good ATI policies recognize thoughthat these limitations should be clearand limited in order to ensure thatthe policy supports transparencyrather than secrecy
Photo flickrTambako the jaguar
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
EXCLUDED INFORMATION
Can information be withheld in relation tohellip
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Legal or investigative
mattersYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deliberative policy making
processesYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Financial information of
the institutionYes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
National security andor
the safety and security of
individuals amp property
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Personal privacy Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Conservationprotection
of the environmentYes Yes Yes No No Yes No Yes No No No
May Information be
withheld by a member
countrythird party
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
OVERRIDES
All of the global or regional banks also maintain a right to disclose information that should otherwise be kept confidential in the face of an overriding public interest or other form of harm
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Can exemptions ever be
overridden for a public
interest or to otherwise
reduce harm
Yes Yes Yes Yes Yes Yes Yes Yes No YesSome-
times1
Can information be kept
confidential in the public
interestto reduce harm
even if it doesnrsquot fall in an
exception
No No Yes No Yes No Yes Yes Yes No No
1 For example implementation of the exception for personnel or medical files requires OPIC to balance the public interest of releasing the information
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
APPEALING DECISIONS
TO WITHHOLD INFORMATION
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy or FOI law require the bank to give a reason for denying a request
Yes Yesnot
expli-
citly1
Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for internal review4 of refusals
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Is there a provision for external review5 of refusals
Yes Yes Yes Yes Yes No Yes Yes Yes No2 No3
May a complaint be brought to an accountability mechanism or national court
Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
1 In practice the World Bank does explain the reason for denying a request2 Although the person can complain to the Public Protector 3 While OPIC does not have its own external appeals body there is an option to seek mediation services from the Office of Government Information Services at the National Archives and Records Administration In addition an appeal can be taken to the United States federal courts4 Internal appeals are reviewed by employees of the relevant institution5 External appeals are reviewed by people who are convened by the institution but not regular employees
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
WHO IS IN CHARGE OF
REVIEWING APPEALS
Who is in charge of an internal review Who is in charge of external review
IFC ATI Policy Advisor ATI Policy Panel
MIGA ATI Policy Advisor Access to Information Appeals Panel
WB Access to Information Committee Access to Information Appeals Board
AfDB Information Disclosure Committee Appeals Panel
ADBPublic Disclosure Advancement Committee
Independent Appeals Panel
EBRD Secretary General na
EIB Secretary General EIB Compliance Officer
IADB ATI Committee External Panel
AFD Chief Executive OfficerCommission drsquoaccegraves aux documents administratifs
DBSA Information Officer na
OPIC Vice President amp General Counsel na
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
STRUCTURES TO
ENSURE
IMPLEMENTATION
Photo flickrDaniel Go
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
IMPLEMENTATION
Photo flickrlecercle
Implementation of the development bank ATI policies is of course not automatic The development banks have undertaken steps to help ensure that their policies take effect In addition to the creation of divisions within the institutions focused on information access and appeals processes as mentioned above this includes dedicating funds toward implementation training staff monitoring implementation and reaching out to external stakeholders
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
TRAINING
Photo flickrJonathan
One challenge in implementing the ATI policies isto ensure that everyone in the institutions isaware of the policy requirements and their role inimplementing them Several of the banks haveundertaken institution-wide training to helpensure that everyone understands and is on-board with changes in information managementat the institution They have used differentincentives to encourage participation in thesetrainings The World Bank for example committedto only allow email access to those employeeswho had completed the access to informationtraining
The national banks can sometimes receive training from a national body dedicated to transparency In South Africa for example the Human Rights Commission provides free trainings and seminars for Deputy Information Officers at public and private institutions such as the DBSA
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
INFORMATION MANAGEMENT
Photo flickrArtform Canada
One of the main challenges associated with implementing an ATI policy is ensuring that information is properly catalogued organized and archived Several of the banks including the World Bank ADB and OPIC have invested in centralized information management systems to make it easier for staff to catalogue and distribute information
The banks have taken different approaches to dividing responsibilities within the institution The ADB for example has designated ldquopublishersrdquo and ldquofocal pointsrdquo throughout the bank to help support implementation if the ATI policy and created an internal help desk to answer staff questions
Some banks have started to provide data in formats that can be read by computer which renders the information useful for a broader range of purposes
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
MONITORING
Most of the reviewed development bank ATI policies or national freedom of information (FOI) laws include provisions for monitoring implementation and reporting results Some banks (eg the IDB) provide specific monitoring indicators in their policy
Global Regional National
IFC MIGA WB AfDB ADB EBRD EIB IADB AFD DBSA OPIC
Does the policy require
monitoring of
implementation
Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes
How often does the policy
require the institution to
report publically on
implementation1
ldquoongoing
basisrdquo
ldquoongoing
basisrdquo
ldquoperiodi-
callyrdquoYearly Yearly Yearly
Does
not
specify
Yearly Yearly YearlyYearly amp
quarterly
1 Institutions may report more often than required by their policies For example the World Bank publishes annual reports as well as monthly updates on requests received and granted
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
OUTREACH
A final but vital step in successful implementation of an ATI policy is ensuring that the public is aware of the policy and how to take advantage of the access to information that it provides Some banks have started to conduct such outreach and training The World Bank for example has held outreach sessions for the members of civil society during its annual meetings In 2013 World Bank staff carried out outreach missions in six country offices in the South Asia and East Asia and Pacific regions
Photo flickrCGIARP CasierflickrInternational Rivers
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
CONCLUSION ndash
MULTILATERAL DEVELOPMENT BANKS
Transparency can increase accountability strengthen trust enhance legitimacy and help promote the long-term success of investments Many development banks have made progress in recent years to enhance their operational effectiveness through greater transparency This includes in particular the World Bank Group and regional development banks which have created relatively strong policies aimed at improving public access to information The greatest challenge now for these institutions is to ensure effective implementation of their policies to ensure that transparency truly permeates their activities
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank
CONCLUSION ndash
NATIONAL DEVELOPMENT BANKS
Some national development banks have also created policies to allow access to information about their activities although generally their policies provide less access to information than those of their multilateral and regional counterparts National development bank actions for transparency are often the result of national freedom of information (or access to information) laws requiring transparency at government institutions
Of the national developments banks analyzed in this paper OPIC appears to engage most actively in ensuring public access to information about its activities On the other side of the spectrum lie those national development banks that have yet to create publically available policies ensuring public access to information such as the Brazilian or Chinese development banks
END
Photo flickr Gerardo Pesantez World Bank