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ADB's Inspection Policy: A Guidebook : II. Inspection Procedures : F. Processing of a Request for Inspection
Preliminary Review of the Request
Upon receipt of a Request, SEC will date-stamp and file the original Request, send an acknowledgment to the requester and circulate copies of the Request to the members of the Committee. As soon as practicable thereafter, the Committee will meet to review the Request.
If the Request relates to a matter in which any member of the Committee has a personal or financial interest, which may be related to the country of which he/she is a citizen, or as to which he/she might otherwise appear to have a conflict of interest, the member of the Committee shall promptly advise the Chairman of the conflict, and thereafter shall not participate in any deliberations relating to the Request.
If it appears that the underlying grievance has not been raised previously with Management, the Committee will forward the Request to the President for handling in the same manner as an initial Complaint (see Part F3, paras. 24-27). SEC will then notify the requester that the Request has been forwarded to the President for consideration as an initial Complaint. If the Committee determines that the Request is clearly frivolous or clearly ineligible, the Committee will send a copy of the Request to the President with the advice that no response to the Request is required from Management. If the Committee determines that additional information is needed from the requester and/or Management to decide whether the Request is clearly frivolous or clearly ineligible, the Committee will request this information, and will defer further action on the Request until the information is received. In all other cases, the Committee will send a copy of the Request to the President, together with a request that Management provide a written response within 30 days thereafter.
Management's response must be submitted to the Committee within 30 days after Management's receipt of the Request, unless an extension has been obtained from the Chairman of the Committee (see Part G2, para. 66). SEC will file the original response and circulate copies to the members of the Committee. As promptly as practicable thereafter, the Committee will meet to consider the Request and Management's response.
If, based on its review of the Request and Management's response, the Committee determines that it needs additional information from the requester and/or Management, the Committee will request this information, and will defer further action on the Request until the information is received. In all other cases, the Committee will determine, based on the information presented in the Request and Management's response,
whether the Request satisfies the requirements of the Policy and these Procedures and, if so,
whether an inspection should be recommended to the Board.
In its deliberations, the Committee may consult with a member of the Roster designated for this purpose by the Chairman of the Committee. If the Committee is of the view that an inspection should not be authorized, the Committee must consult with the designated member of the Roster before making this recommendation to the Board, and the recommendation must confirm that this consultation has taken place. (However, consultation with a Roster member is not necessary if the Committee has concluded that the Request is clearly frivolous or clearly ineligible.) A copy of any written advice provided by the expert will be attached to the Committee's recommendation.
The Committee will make a recommendation to the Board as to whether an inspection should be authorized within 14 days after receiving Management's response to the Request. However, if the Committee has requested additional information from the requester or Management, the 14-day period will start on the date of receipt of such information or the date of Management's response, whichever is later. If the Committee has concluded that the Request is clearly frivolous or clearly ineligible, and therefore no response from Management is required, the 14-day period will start on the date the Committee so informed Management.
The Committee will make its recommendation to the Board in the form of a short Board paper, attaching copies of the Request and Management's response. If the requester is a nonlocal representative, the Board paper will also include the Committee's view as to whether appropriate representation is available in the country where the affected group is located. In the absence of consensus, the Board paper will state the recommendation of the majority of the Committee together with the minority view(s). If the Committee recommends unanimously that an inspection is not warranted, the Board paper may be circulated for approval on a no-objection basis. In all other cases, the President will place the matter on the agenda for Board consideration as soon as practicable after circulation of the Board paper, and ordinarily within 21 days after circulation.
Within seven days after the Board's decision on the Committee's recommendation, SEC, on behalf of the Committee, will notify the requester in writing of the decision. If the Board's decision is that an inspection is not warranted, the notice will state the reason(s) therefor.
The receipt of a Request by the Committee, or the authorization of an inspection by the Board, will not suspend or otherwise affect the processing or implementation of a project unless Management (in the case of a proposed or ongoing project) or the Board (in the case of an ongoing project) expressly directs otherwise. In the case of an ongoing project, any suspension of disbursements by the Bank would be made only in accordance with the relevant legal documents and standard Bank procedures.
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