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Establishment of An Inspection Function :
Proposal for an ADB Inspection Function
Requests That May be Entertained
30. It is proposed that a request for inspection made to the BIC must be in writing and must assert that
the Bank has failed, in the formulation, processing and/or implementation of a proposed or ongoing project, to follow its operational policies or procedures
this failure has had or is likely to have a direct and material adverse effect on the applicant group's rights and interests
this failure was brought to the attention of the Bank's Management, which failed within a period of 45 days to demonstrate that the Bank had followed, or was taking adequate steps to follow, its operational policies and procedures.
The request must state all relevant facts known to the applicant, and annex any evidence in the possession of the applicant of the validity of its allegations or indicate where such evidence may be obtained. The request must indicate which of the Bank's operational policies and procedures have not been followed, how the alleged failure by the Bank has had or is likely to have a direct and material adverse effect on the applicant, the steps already taken to bring the allegations to Management's attention, and Management's response to these allegations.
31. Requests regarding the following shall not be considered
Complaints with respect to actions that are the responsibility of other parties, such as a borrower or potential borrower, or that otherwise do not involve an action or omission by the Bank in violation of its operational policies and procedures.
Complaints against decisions made by the Bank, a borrower or executing agency concerning the procurement of goods or services, including consulting services (which will continue to be addressed under existing procedures).
Complaints relating to completed or substantially completed projects (i.e. where a request is filed after 95 percent of the relevant loan has been disbursed or after the closing date for withdrawals specified in the relevant loan agreement has passed).
Complaints relating to matters that have already been disposed of under the Bank's inspection procedures, unless the applicant presents new evidence not known at the time of the original request.
Complaints about the adequacy or suitability of the Bank's existing policies and procedures.
Complaints that fall within the jurisdiction of the Appeals Committee or the Administrative Tribunal, or that otherwise relate to Bank personnel matters.
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- While a request by an outside group can pertain to a proposed or ongoing Bank project, a request for inspection by one or more Directors may relate only to an ongoing Bank project, as provided in paragraph 29. A Director's request need not demonstrate that he/she is representing a particular community or other group, but must demonstrate that a serious violation of the Bank's operational policies and procedures in an ongoing project has had or is likely to have a direct and material adverse effect on a community or other group residing in the country where the project is being implemented or residing in an adjacent member country.
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E. Processing of A Request for Inspection |
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