Implementing procedural provisions for information requests and appeals
1. Introduction
As stated in the Public Information Policy, “the Secretary General, assisted as necessary by the General Counsel and other Members of the Executive Committee, will oversee and verify compliance with the Policy. The Secretary General will issue implementing procedural provisions for information requests and appeals and, in the event of a decision to refuse the release of information will, as appropriate, inform the Board.”
Such implementing procedural provisions are set out as follows:
2. Making a request for information
(i) Contact point: Requests for information covered by the PIP may be made online through the information request form. Requests may also be made by fax :+44 207 338 6102, or regular mail to the Bank’s Communications Department at One Exchange Square, London, EC2A 2JN, United Kingdom, or to one of the Bank’s Resident Offices. The Bank will not address requests that are submitted anonymously.
(ii) Mode of Communication: Responses will be transmitted in the same mode as the request unless the requester stipulates a different form of communication.
(iii) Languages: Requests should preferably be submitted to the Bank in one of the Bank’s four working languages – English, Russian, German or French – in which case the response will be in the language of the request. Alternatively, requests for information covered by the PIP may be submitted in any of the official national languages of the Bank’s countries of operations. In such cases, requests will, in the first instance, be referred to the relevant Resident Office for the purpose of translation and the time required to obtain such translation will be taken into account when processing the request; the response will be in the language of the request. Requests made in languages other than those above will be responded to in English. When a requester specifies a language preference for a document, the Bank will comply if it holds the documents or information requested in that language.
(iv) Acknowledgement of requests: The Bank will acknowledge receipt of a request generally within 5 working days, but in any case not more than 10 days.
(v) Clarification of requests: If a request is not sufficiently precise so as to identify the document or information sought, the Bank may ask the applicant to provide clarifications.
(vi) Decision: The Bank will normally respond within 20 working days after receiving the request or clarification or, if a timely explanation for a further delay is provided (within 10 working days following receipt), no later than 40 working days. The Bank’s response shall either provide the requested information or a denial of the request in whole or in part. In the case of a denial, the reasons for the decision will be given. An appeal against this can be made as set out below.
3. For appeals against denials of requests
(i) Contact point: A member of the public whose request for information covered by the PIP has not been satisfied may lodge a formal appeal with the Secretary General, who is responsible for overseeing the implementation of the Public Information Policy. Such an appeal should be submitted by letter to the Secretary General at One Exchange Square, London, EC2A 2JN, United Kingdom, by e-mail to SecretaryGeneral@ebrd.com, or by fax: +44 207 338 6488 within 30 working days of the receipt of the decision which is the subject of the appeal.
(ii) Languages: Appeals should preferably be submitted to the Bank in one of the Bank’s four working languages – English, Russian, German or French – in which case the response will be in the language of the request. Alternatively, appeals may be submitted in any of the official national languages of the Bank’s countries of operations. In such cases, appeals will, in the first instance, be referred to the relevant Resident Office for the purpose of translation and the time required to obtain such translation will be taken into account when processing the appeal; the response will be in the language of the appeal. Appeals made in languages other than those above will be responded to in English.
(iii) Acknowledgement of appeal: The Secretary General will acknowledge receipt of an appeal within 5 working days of receiving it.
(iv) Clarification of appeals: If an appeal is not sufficiently precise the Bank will ask the appellant to provide clarifications.
(v) Decision: The Secretary General will notify the appellant in writing of his decision on the appeal, giving the reasons, no later than 20 working days after receiving the appeal or clarification. In considering each appeal, the Secretary General, assisted by the General Counsel and other Members of the Executive Committee, will be guided by the Public Information Policy and in particular the “presumption that information concerning the Bank’s operational activities will be made available to the public in the absence of a compelling reason for confidentiality”. In this respect, the Secretary General is bound by the Bank’s needs for confidentiality as set out in Section E of the Policy. The decision of the Secretary General shall be final. However, in certain cases, the Bank’s handling of project-related information may be the object of a complaint by an affected group to the Independent Recourse Mechanism for non-compliance with the relevant policy.
(vi) Information to the Board: In the event of a decision to refuse the release of information, the Secretary General will, as appropriate, inform the Board. .
4. Reporting
In the annual Public Information Policy: Report on the Implementation, which is posted on the EBRD website, the Bank will report on its handling of requests and will provide a record of responses. The reports would typically cover such matters as: the number of requests made, granted in full or part, or refused; compliance with response time frames; the number of appeals against refusal of requests and the outcome of those appeals; other facts which indicate efforts made to abide by the spirit and intentions of the PIP.