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p. 2 of 7 BACK | NEXT I. Introduction II. Current Policies and Practices III. Recent Developments at the World Bank and the IFC IV. Concerns and Constraints Relating to Confidentiality and Disclosure V. General Policy on Disclosure VI. Implementation of the Policy VII. Recommendations

Confidentiality and Disclosure of Information

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II. Current Policies and Practices

A. Classification System

4. The Bank’s current policies on classification of documents are drawn from several sources. Article 52 of the Bank’s Charter provides that “the archives of the Bank, and, in general, all documents belonging to it, or held by it, shall be inviolable, wherever located.” A purpose of this Article is to protect the Bank from improper or unauthorized attempts to obtain Bank documents, and it provides the ultimate basis for confidentiality of Bank information. The relatively formidable wording, however, may convey a suggestion of restrictiveness with respect to the release of documents greater than was originally intended.

5. Section 9 of the “Rules of Procedure of the Board of Directors of the Asian Development Bank” provides

“The proceedings of the Board are confidential and shall not be published except when the Board decides to authorize the President to arrange for suitable publicity on any matter relating thereto.”

Such “proceedings” have been interpreted to include written (staff) submissions, oral presentations, discussions, minutes and summaries, and even the ultimate Board decisions.

6. In addition, two Board documents² and an Administrative Order and Administrative Circular³ have provided specific rules on classification of Bank documents.

7. The present classification system, flowing from the Charter and Board of Directors’ “Rules of Procedure,” and specifically established pursuant to the Board papers and Administrative Order and Administrative Circular, is relatively complex and inconsistent, and has become outdated in practice.

8. Under the Administrative Order, documents are either to be classified as “Confidential” or “For Official Use Only,” or are to remain unclassified. The two formal classifications may also be established on a “Permanent” basis, depending upon the instruction of the originator of the document. “Confidential” documents are those the release of which might “have a seriously adverse effect” on the activities of the Bank or its relations with members or others, whereas the release of “For Official Use Only” documents might “interfere” with the policies or regulations of the Bank or “jeopardize” the Bank’s activities or relations. Such classifications, however, are to be used only “when absolutely necessary.” All other documents are considered unclassified.

9. In accordance with Board papers R65-73 and IN.83-82, however, Board documents may bear the classifications of “Strictly Confidential,” “Restricted” (footnote omitted) or “Not for Public Use.” “Restricted” documents have lower sensitivity than “Confidential” documents, but are still not authorized for public consumption.

B. Declassification and Disclosure of Documents

10. In respect of disclosure, under present policy, documents marked “Confidential” (and presumably “Strictly Confidential”) or “Restricted” can only be cleared for release by Management. Department and Office Heads may approve the release of documents “For Official Use Only” and unclassified documents originated by their respective departments. Documents classified as “Confidential” and “For Official Use Only” lose their classified status after 5 years unless marked “Permanent.” “Permanent” documents can only be declassified with the approval of the Head of the originating department or office.

11. As suggested above, the present system of classification and rules on release or declassification is somewhat complicated and inconsistent. This may lead to confusion on the part of staff, and, in turn, caution and defensiveness when it comes to the release of information or documents. Moreover, the classification system does not reflect recent trends within the Bank to encourage the dissemination of information as widely as possible.

C. Recent Developments within the Bank

12. In recent years, the Bank has become much more aware of the need to ensure transparency and accountability, and of the benefits derived therefrom. While there has not been a formal policy on disclosure of information, Management has encouraged the wider dissemination of information through a series of positive steps.

13. Information about the Bank is now routinely provided to the public through numerous documents and publications. The Annual Report, which includes an analysis of project performance audit reports, is the most obvious example, and financial information is readily available through prospectuses and other capital market publications. The Bank’s Quarterly Review includes a summary of project performance audit reports and other post-evaluation reports. In addition, operational information is provided by the Bank through ADB Business Opportunities, Asian Development Outlook, and Key Indicators, among others. The Bank promotes its publications through advertising and will make more use of commercial distribution in the future. In the past, various “Restricted” or “Confidential” documents, including sectoral policy papers, appraisal reports (now discontinued), postevaluation reports, Reports and Recommendations of the President (RRPs) and Board documents on technical assistance, have been made available outside the Bank, although on a limited or case-by-case basis. Summaries of Environmental Impact Assessments (EIAs) and Initial Environmental Examinations (IEEs) are made available through the Board of Directors for projects with significant environmental impact. In the course of project processing, the Bank also consults with, and provides information to many institutions, including other multilateral financial institutions and nongovernment organizations (NGOs).

14. More recently, the Bank has initiated a Depository Library Program to make information more accessible outside the Bank. Under the program, generally up to five libraries in any member country can be designated to receive selected Bank publications and documents. In some larger countries, more than five libraries may be designated in geographically disperse locations. The Bank is also willing to designate libraries serving NGOs provided that such libraries satisfy normally accepted criteria and to establish a documents library within Bank Headquarters to serve the needs of visitors requesting information. At the present time, the Bank is undertaking arrangements with over 100 libraries or institutions under this program, to make available to the public over 50 different Bank publications and documents, including summary EIAs and summary IEEs. Arrangements have already been completed with 79 institutions in 25 member countries.⁴

15. Management has recently issued an Administrative Order setting forth basic policies and procedures governing the publications of the Bank.⁵ Under that Order, a Publications Committee has been established, responsible to the Vice-President for Finance and Administration, and chaired by the Chief Information Officer, assisted by a Publications Unit within the Information Office, and including representatives from a cross-section of departments and offices. The Publications Committee is responsible for implementing the Bank’s publication policies and programs in order to make the Bank’s mission, policies and financial operations known as widely as possible. The Committee is charged with reviewing publication activities, as well as considering and making recommendations on such matters as pricing of publications, marketing, and distribution.

16. Bank staff are now finalizing an R-paper on a formal information policy and strategy (see page 2). The policy and strategy will stress that the Bank welcomes opportunities to explain its operations and to broaden understanding of its functions. That paper describes Bank policy concerning the dissemination of information to audiences that the Bank should be reaching, and the modes of delivery for these purposes.

17. Reducing restrictions on dissemination of information and increasing accessibility can be facilitated in part by adopting a clear policy on disclosure of information, together with instructions to staff on how to implement that policy.

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