The new Asian Infrastructure Investment Bank has an interim policy on disclosure of information.
The Public Information Interim Policy pledges the disclosure of a variety of basic institutional information, but also contains several quite broadly worded exemptions and does not yet include a formal request system.
“In a nutshell, they’ve taken almost verbatim the World Bank exemptions but none of the World Bank access provisions,” commented David Banisar, senior legal counsel of Article 19, the London-based free expression group, who has analyzed the disclosure policies of many international financial institutions.
The new China-initiated institution that has almost 60 governments as members or pledged members will hold its first annual meeting in late June in Beijing. The interim disclosure policy was adopted in January.
The preamble to the policy says “implementation of this Interim Policy will be reviewed annually, so that a comprehensive Policy on Public Information can be adopted in light of the Bank’s early experience.”
The first of three “Guiding Principles” states: “The Bank is guided by the underlying presumption that, whenever possible, information concerning the Bank’s activities will be made available to the public in the absence of a compelling reason for confidentiality. The principles also endorse accountability to its shareholders. The Bank recognizes the importance of public information and of protecting confidential information.
The policy outlines what institutional, operational and financial information will be automatically disclosed.
In some instances, the disclosures will be via summaries.
The “strategies, annual plan and budget of the Bank” will be posted, but only in summary form, according to the policy. Also, “The Bank will post detailed documents for Sovereign-Backed Financings and summary documents for Non Sovereign-backed Financings, following approval of the Financing.”
Mentions of posting draft documents are few, but the Bank says it will post “draft environmental and social assessment reports, environmental and social management plans and frameworks, resettlement plans and frameworks, Indigenous Peoples plans and frameworks, and the Bank’s reviews of the use of country and corporate systems.” It does not follow the Bank’s lead in releasing some documents prior to their consideration by the Board.
Regarding procurement, the policy states: “The Bank will post General Procurement Notices, Special Procurement Notices and Contract Award Notifications for procurement financed by the Bank under its Financings.”
Broad Exemptions on Deliberative Process
The array of broad exemptions is not mitigated by any provision that would permit consideration of disclosure in the public interest, such as in situations involving human rights violations or public health.
Exemptions in the policy cover personal information, information related to safety and security of individuals, and privileged information includes information subject to attorney-client privilege.
The Bank policy also would restrict release of “information provided by member countries, partners and other third parties on the understanding of confidentiality.” Communications among Governors and Directors (including Alternate Directors) are also considered confidential information.
Deliberative information protected from release “includes documents intended for internal purposes only, or classified as confidential, and Board documents not authorized for release.” The exemption language continues: “Deliberative information includes all documents that, if disclosed, would or would be likely to compromise the integrity of the Bank’s own deliberative and decision-making processes, including internal documents and communications, communications with member countries or other co-financiers, drafts of reports and agreements, and emails, whether issued by Board members, Bank officials and staff or the Bank’s consultants, attorneys or agents.”
Also protected is financial information such as “estimates of future borrowings, financial forecasts and credit assessments and data on the Bank’s financial transactions, as well as information used to execute financial and budgetary transactions.”
The Bank also prohibits access to information relating to the Bank’s “corporate administrative matters, including, but not limited to, corporate expenses, procurement, real estate and other activities.”
Implementation Rules to Be Elaborated
The Bank’s General Counsel and other members of the senior management are assigned to oversee the policy.
Requests for information may be submitted to the Director General, Communications and Development through the website, or by mail and fax.
“Guidelines on processing requests, including time limits, will be developed and posted at a later stage,” according to the interim policy. However, it does provide that requesters will be provided an explanation on the disposition of their requests. They may appeal to the Corporate Secretary, who will “make appropriate arrangements for impartial review of the appeal by a designated review officer.”
“The Corporate Secretary will review the review officer’s recommendation in consultation with the General Counsel and other members of the senior management; the decision of the Corporate Secretary on the recommendation will be final.”
Filed under: IFTI Watch