Reform of the World Bank's sanctions process (英语)
The World Bank's Articles of Agreement require the institution to make arrangements to ensure that monies provided by the Bank are used for their intended purposes.' Consistent with this provision, the Bank has established a number of controls to ensure... 更多显示
The World Bank's Articles of Agreement require the institution to make arrangements to ensure that monies provided by the Bank are used for their intended purposes.' Consistent with this provision, the Bank has established a number of controls to ensure that funds disbursed under the projects it finances are protected against losses resulting from fraud or corruption. In 1996, the Bank added to these controls a new process whereby individuals and firms found to have engaged in fraud or corruption in connection with a Bank-financed project could be declared ineligible to participate in future Bank-financed procurement, either indefinitely or for a limited period of time. This sanctions process, which has received considerable attention from other international financial institutions, protects Bank funds from those who have been involved in fraud or corruption, and it serves as a deterrent upon those who might otherwise engage in the misuse of proceeds from Bank loans and credits. After several years of experience with the debarment process, the Bank undertook a review of the system to ensure that it was functioning in an effective and efficient manner and affording a fair process to those involved in the proceedings. This report provides an overview of the Bank's sanctions process since its inception. It also sets forth recommendations, and seeks Board approval, for reforms to the sanctions process. Some of these reforms are significant in their scope, and the paper describes the issues raised by them. Management's proposal to reform the sanctions process would introduce some significant changes to the existing process. The most significant changes include: (1) modification of the membership of the Sanctions Committee (to be renamed "Sanctions Board") to include both Bank staff and non-Bank staff, sitting in panels of three to decide cases; (2) establishment of a new staff position of "Reviewing Officer" with the authority to issue temporary suspensions pending final resolution of cases on appeal to the Sanctions Board (the Reviewing Officer's preliminary decisions would become final absent an appeal by the respondent or INT); and (3) introduction of measures to address a perceived need for lighter and more flexible sanctions, recognition of cooperation as a mitigating factor in sanctions determinations, and additional incentives to contractors to disclose voluntarily information about fraud or corruption in Bank-financed projects. In general, the goal of these proposed reforms is to increase the effectiveness of the Bank's sanctions process by streamlining the process, expanding the types of sanctions available to the Bank, and instituting a temporary suspension mechanism to protect the institution from further losses due to fraud and corruption while cases are pending.