Catalog

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p. 9 of 18 BACK | NEXT Definitions Executive Summary Introduction Public Communications and Development Effectiveness ADB’s Experience in Public Communications The Policy The Strategy A. External Relations B. Disclosure of Information Implementation Arrangements Staffing and Resource Implications Compliance Review Recommendation

The Public Communications Policy of the Asian Development Bank: Disclosure and Exchange of Information : The Strategy

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B. Disclosure of Information

55. The Policy establishes the disclosure requirements for documents ADB produces or requires to be produced. It does not set forth the requirements for producing such documentation. References to other ADB policies are made throughout the Policy. Any reference to another ADB policy includes that policy as amended by ADB from time to time. Any policy or strategy developed or revised by ADB after the Policy's effective date shall clearly articulate the disclosure requirements for documents and other information required to be produced under that policy or strategy. Such disclosure requirements must be consistent with the general principles set out in the Policy.

1. Translations

56. English is the working language of ADB.¹³ However, translation of documents and other information into languages other than English is often necessary to encourage participation in, as well as understanding and support of, ADB-assisted activities by its shareholders and other stakeholders. In consultation with external stakeholders, ADB shall develop a translation framework for documents related to its operations.

57. ADB will undertake translations depending on its operational needs. Such translations may include information that

1. addresses its overall business, policies, and strategic thinking, and is destined for a wide international audience;
2. is for public consultation, particularly with affected people (see paragraph 74);
3. relates to specific countries, projects, and programs; and
4. is intended for the web.

58. Criteria for undertaking translation include the literacy level of the audience concerned, languages known to that audience, alternatives to translation, time required for translation, and costs.

2. Information Pertaining to ADB's Operations

59. ADB works closely with its borrowers and private sector project sponsors to prepare and implement development activities. In doing so, it will inform borrowers and sponsors of its presumption in favor of disclosure of information about ADB-assisted operations. The following documents shall be made publicly available according to the time period specified, after consultation with the respective borrower or private sector sponsor as appropriate, and subject to the section on exceptions to disclosure (paragraphs 123-130).

a. Country and Regional Programming

i. Strategy and Program Assessments

60. ADB conducts assessment studies in preparation for country strategy and program (CSP) and regional cooperation strategy and program (RCSP) documents. Such strategy and program assessments include poverty analyses, economic analyses, thematic analyses (gender, governance, environment, and private sector), and sector assessments. The assessments may be made available to in-country stakeholders in draft form if they are developed in consultation with nongovernment stakeholders. ADB shall make strategy and program assessments publicly available upon completion.

ii. Strategies and Programs

61. The CSP defines ADB's medium-term development strategy and operational program as agreed with the country. Concept papers for projects expected to receive ADB assistance are included in CSPs. A CSP update (CSPU) takes into account the continued relevance of the CSP, describes its implementation, and sets out the operational program for the next 3 years.

62. Likewise, the RCSP provides the rationale for proposed ADB assistance at the subregional level. The RCSP specifies how ADB assistance complements national objectives and strategies, and includes concept papers for proposed regional projects. An RCSP update (RCSPU) is prepared annually.

63. ADB shall maintain and make publicly available on a rolling basis a list of new strategies and programs scheduled for preparation over the course of the next year.

64. To facilitate required consultations with stakeholders¹⁴ and to allow them to contribute to the draft strategy and program in their country and/or region, ADB shall make draft strategies and programs available to in-country stakeholders for comment before consultations. They shall be made available

1. after the initiating paper is completed; and
2. after the strategy and program is drafted but before its management review meeting.

65. ADB shall make strategies and programs, and the chair's summary of each Board discussion on strategies and programs, publicly available upon endorsement by its Board of Directors. If English is not used widely in the relevant country, ADB shall translate any new country strategy and program (or its update) into a widely understood language within 90 calendar days of its endorsement by the Board.

b. Policies, Strategies and Operational Procedures

66. ADB seeks the active participation of its shareholders and other interested individuals and organizations during the development and review of its safeguard policies and sector and thematic strategies. ADB shall make a list of the safeguard policies and sector or thematic strategies to be developed or reviewed over the next 12 months publicly available on a rolling basis. Items will be added to the list after approval by Management of a concept paper for such development or review. ADB shall make plans for consultation, including any anticipated face-to-face meetings with external audiences, publicly available upon completion of such plans. ADB shall make at least one draft of the policy or strategy paper publicly available for consultation. For other policies and strategies-for example, the public communications policy, the poverty reduction strategy, and the accountability mechanism-ADB Management may determine that they are also subject to the requirements of this paragraph.

67. ADB shall make all ADB policy or strategy papers publicly available no later than upon final approval by either the Board of Directors or Management. For each policy and strategy discussed by the Board at a formal Board meeting, ADB shall make a chair's summary publicly available at the same time as the policy or strategy paper is disclosed.

68. ADB shall make its policies and procedures for country and regional programming and project processing publicly available. These include the Operations Manual (Bank Policies and Operational Procedures), and the Business Processes for the Reorganized ADB. ADB shall also make the Project Administration Instructions and staff guidelines and handbooks on ADB operations publicly available.

c. Projects and Programs

i. Project or Program Information Document (PID)

69. ADB shall make publicly available a project or program information document that provides a brief factual summary of a project or program. PIDs for public and private sector projects shall include

1. the project title;
2. sector, thematic, and targeting classification;
3. project/program number;
4. type or mode of assistance;
5. location and geographical coverage;
6. description;
7. objectives and scope, including expected development impact;
8. cost and financing plan (for public sector projects only);
9. implementing agency or project sponsor(s);
10. allocated environmental and social safeguard screening categories;
11. summary of environmental and social issues;
12. country context;
13. consultations carried out or planned;
14. responsible ADB department, division, and officer;
15. the date of approval of project concept paper or private sector project concept clearance paper;
16. the date of PID preparation and most recent update;
17. list of feasibility and technical documents prepared or scheduled to be prepared; and
18. a timetable for assistance design, processing, and implementation, including estimated dates for appraisal authorization and Board consideration.

As the PID is a work in progress, information contained in items (viii), (x), (xi), (xiii), and (xvii) may not be included when the initial PID is made publicly available. These will be included as such information becomes available.

ii. Public Sector PID

70. ADB shall make the initial PID for a public sector project or program publicly available as soon as preparatory work begins on a project or program and no later than 30 calendar days following approval of the concept paper for the project or program. During the preparation of a public sector loan project, a project design and monitoring framework is developed, which provides the basis for the project's performance assessment. ADB shall include the design and monitoring framework in the PID before appraisal of the project or program.

71. ADB shall update the PID quarterly during project or program preparation and processing to reflect the project's status. During implementation, ADB monitors public sector loan and technical assistance projects through its project performance management systems. ADB shall update the PID quarterly during implementation to reflect activities and issues, status of development objectives and covenants, and loan utilization.

72. Should ADB terminate its involvement in a public sector project or program, the corresponding PID shall include a statement indicating the reason for the termination. ADB shall keep PIDs for terminated projects publicly available for 6 months following termination.

iii. Private Sector PID

73. ADB shall make the initial PID for a private sector project publicly available after ADB has determined that a project is likely to be presented to the Board, but no later than 30 calendar days before the date for Board consideration. For environmentally-sensitive projects that are required by the environment policy to have a summary environmental impact assessment or a summary initial environmental examination made publicly available at least 120 calendar days before the date for Board consideration,¹⁵ ADB shall make the private sector PID publicly available at least 120 calendar days before Board consideration. As project preparation, processing, and implementation proceeds, ADB shall update the PID quarterly to reflect activities, status of development objectives, and material changes, if any, regarding the project. Should ADB terminate its involvement in a private sector project, the corresponding PID shall include a statement that ADB's involvement was terminated. ADB shall keep PIDs for terminated projects publicly available for 6 months following termination.

iv. Information for Affected People

74. To facilitate dialogue with affected people and other individuals and organizations, information about a public or private sector project or program under preparation (including social and environmental issues) shall be made available to affected people. ADB shall work closely with the borrower or project sponsor to ensure information is provided and feedback on the proposed project design is sought, and that a focal point is designated for regular contact with affected people. This should start early in project preparation, so that the views of affected people can be adequately considered in project design, and continue at each stage of project or program preparation, processing, and implementation. ADB shall ensure that the project's or program's design allows for stakeholder feedback during implementation. ADB shall ensure that relevant information about any major changes to project scope is also shared with affected people.

75. To support the requirements in paragraph 74, developing member country governments and ADB may jointly develop communications plans for certain projects and programs, particularly those likely to generate a high level of public interest. Such plans could, for example, recommend how to engage in dialogue with affected people, broaden public access to information on economic and legal reforms, help governments and project sponsors involve affected people in the design and implementation of ADB-assisted activities, and increase involvement of grassroots and civil society organizations in the development process.¹⁶

76. Private sector entities and implementing institutions are a diverse group, with varying capabilities, and ADB is generally flexible in dealing with them. The substance of ADB's environmental and social safeguard requirements for private sector investments is generally the same as for the public sector. ADB's safeguard policies require private sector sponsors to assess, manage, monitor, and disclose the social and environmental impacts of their projects. They include requirements for early engagement by the private sector sponsor with affected people, and the timely dissemination of relevant project information to such communities in an understandable and accessible form. Toward this end, the project sponsor shall inform ADB, before appraisal, how it intends to engage with affected people.

v. Environmental Assessments

77. In accordance with the requirements under the environment policy, ADB shall make a summary environmental impact assessment for a category A project or summary initial environmental examination for a category B project deemed environmentally sensitive, publicly available at least 120 calendar days

1. before ADB's Board of Directors considers the loan,
2. before approval of a category A subproject, or a category B subproject deemed environmentally sensitive, or
3. in relevant cases before approval of a major change in a project's scope.¹⁷

ADB shall make the full environmental impact assessment and initial environmental examination available to interested parties on request.

78. The borrower or private sector sponsor shall make relevant information on the project's environmental issues available to affected people before or during the consultations with project-affected groups and local NGOs, as required under the environment policy.¹⁸ For category A projects, the borrower or private sector sponsor shall ensure that such information is available to affected people on two occasions:

1. during the early stages of environmental impact assessment field work; and
2. when the draft environmental impact assessment report is available, and before appraisal.

79. For public sector projects or programs involving equity investment in a financial intermediary, or a credit line for subprojects and that require an environmental management system under the environment policy, the RRP for such a project or program shall include a description of the environmental management system.

vi. Resettlement Planning Documents

80. The borrower or private sector sponsor shall make available to affected people under Operations Manual section F2/BP on involuntary resettlement:¹⁹

1. before appraisal-a draft resettlement plan;
2. after completion of the final resettlement plan-such resettlement plan; and;
3. following revisions to the resettlement plan as a result of detailed technical design or change in scope in the program or project²⁰ -the revised resettlement plan.

81. The information from the documents specified in paragraph 80 can be made available as brochures, leaflets, or booklets in local languages. For non-literate people, other communication methods will be appropriate.

82. ADB shall make publicly available:

1. before appraisal-a draft resettlement plan or framework (or both);
2. upon receipt of the final resettlement plan-the final resettlement plan; and
3. upon receipt of a revised resettlement plan-the revised resettlement plan.

vii. Indigenous Peoples Planning Documents

83. The borrower or private sector sponsor shall make available to affected people who are indigenous peoples/ethnic minorities:

1. before appraisal-a draft indigenous peoples development plan;
2. after completion of the final indigenous peoples development plan-such indigenous peoples development plan; and
3. following revisions to the indigenous peoples plan as a result of detailed technical design or change in scope in the program or project²¹-the revised indigenous peoples development plan.

84. The information from the documents specified in paragraph 83 can be made available in as brochures, leaflets, or booklets in local languages. For non-literate people, other communication methods will be appropriate.

85. ADB shall make publicly available:

1. before appraisal-a draft indigenous peoples development plan or framework (or both);
2. upon receipt of the final indigenous peoples development plan-the final indigenous peoples development plan; and
3. upon receipt of a revised indigenous peoples development plan-the revised indigenous peoples development plan.

viii. Business Opportunities Listing

86. ADB shall make publicly available a listing of business opportunities for each public sector project being prepared for ADB financing, from identification through approval by the Board. ADB shall also make publicly available procurement notices issued by executing agencies, and contract awards.

ix. Initial Poverty and Social Assessment

87. An initial poverty and social assessment is conducted for all investment projects and programs and indicates the people who may be beneficially or adversely affected by a project. ADB shall make the assessment publicly available upon completion.

x. Technical Assistance Report

88. A technical assistance report is a recommendation to finance a technical assistance project. ADB shall make all technical assistance reports publicly available no later than upon approval by the relevant authority (Board, President or Vice President).

xi. Documents Produced Under Technical Assistance

89. A technical assistance project requires certain reports to be generated, such as feasibility studies, detailed project designs, sectoral reviews, and other reports by consultants. ADB shall make final reports generated from technical assistance publicly available upon completion. In recognition of the fact that countries increasingly seek ADB advice on sensitive matters through advisory technical assistance, ADB shall give the government the opportunity to object to the disclosure of final reports produced under advisory technical assistance.²² ADB may make drafts of country-specific reports, or portions thereof, prepared under technical assistance available to in-country stakeholders if ADB determines that they are needed to facilitate consultative discussions or development partnerships, or to solicit views on project design.

xii. Report and Recommendation of the President

90. The report and recommendation of the President (RRP) is a decision document for ADB-assisted projects and programs presented to the Board for approval. ADB shall make public sector RRPs publicly available no later than upon approval by the Board. ADB shall make an abbreviated version of private sector RRPs publicly available no later than upon Board approval; this version will exclude confidential information and ADB's assessment of project or transaction risk.

xiii. Project Administration Memorandum

91. The project administration memorandum for each public sector loan project or program contains information that allows the borrower, executing agency, implementing agency, and ADB to administer the project. ADB shall make the project administration memorandum publicly available upon approval.

xiv. Social and Environmental Monitoring Reports

92. A loan agreement may require that certain social or environmental reports be prepared during the course of a project or program. ADB shall make environmental and social monitoring reports publicly available upon their submission to ADB. ADB shall require private sector sponsors to make environmental and social monitoring reports available to affected people. ADB shall make environmental and social monitoring reports that have been disclosed locally to affected people publicly available upon submission to ADB.

xv. Changes in Scope of Projects and Programs

93. ADB shall make documents submitted to its Board that are related to major changes in the scope of its projects or programs publicly available upon approval of such a change.

xvi. Progress Reports on Tranche Releases

94. ADB shall make progress reports on tranche releases of a multi-tranche public sector program lending operations publicly available upon Board or Management approval.

xvii. Project, Technical Assistance and Program Completion Reports

95. ADB shall make project, technical assistance, and program completion reports publicly available upon circulation to the Board. The completion report for a private sector project shall report on the achievement of its development objectives.

d. Other Information Pertaining to Strategies and Programs, and Projects

i. Operations Evaluation

96. ADB shall make a list of its operations evaluations planned for the year publicly available in December of the preceding year. The selection criteria for its evaluations shall also be made publicly available.

97. ADB regularly produces the following reports: project/program performance audit reports, technical assistance performance audit reports, impact evaluation studies, country assistance program evaluations, sector assistance program evaluations, and special evaluation studies. ADB shall make such evaluation reports publicly available upon circulation to Management and the Board. If the report is discussed by the Development Effectiveness Committee (DEC), ADB shall make a DEC chair's summary publicly available within 2 weeks of the discussion. ADB shall also make responses submitted by Management or the Operations Evaluation Department, if any, publicly available upon completion.

98. ADB also produces annual evaluation reports. An annual review of evaluation activities summarizes the performance evaluation activities and findings of the Operations Evaluations Department. An annual report on loan and technical portfolio performance evaluates ADB's portfolio performance for a given year. ADB shall make such annual evaluation reports publicly available upon discussion by the DEC.

ii. Cofinancing Information

99. ADB shall make a quarterly summary of public sector projects requiring commercial cofinancing publicly available each quarter. ADB shall make information on official cofinancing- such as major terms and conditions for a given technical assistance or investment project- available in each respective technical assistance report or RRP. ADB shall make the legal and financial agreements for such official cofinancing available on request, unless the cofinancier objects. ADB shall make channel financing agreements between ADB and any bilateral or multilateral cofinancier publicly available after their signing, unless such cofinancier objects. Commercial cofinancing agreements shall not be made publicly available.

iii. Anticorruption Information

100. ADB periodically investigates allegations of fraud or corruption in its operations. ADB shall make publicly available statistical information in relation to the results of its investigations into fraud and corruption. In addition, significant recommendations and issues from audits shall be incorporated into ADB's Annual Report. Consistent with its anticorruption policy,²³ ADB may share the results of investigations, including identities of the subjects of investigations and names of parties debarred, with governments of ADB member countries.

iv. Public Sector Project and Program Legal Agreements

101. For public sector loan agreements, project agreements, and amendments thereto entered into by ADB before 1 January 1995, ADB shall seek the consent of the government concerned before making such documents available. Unless the government concerned informs ADB of its objection to disclosure of such documents within 30 calendar days of ADB's request for such consent, ADB shall make such agreements available to any requester within 60 days of the request for the agreement.

102. ADB shall make public sector loan agreements and project agreements entered into between 1 January 1995 and the effective date of the Policy, and any amendments to such agreements, available on request, after excising any confidential information contained in such agreements and amendments and specified as such by the government concerned at the time of negotiation of such agreements and amendments.

103. ADB shall make public sector loan agreements, Asian Development Fund (ADF) grant agreements, and project agreements entered into after the effective date of the Policy, publicly available together and concurrently with the relevant RRP. ADB shall make such agreements publicly available after excising confidential information. In case of any amendments, ADB shall make such amendments publicly available within 2 weeks of their effectiveness.

v. Private Sector Project Legal Agreements

104. ADB shall not make private sector legal agreements entered into by ADB, or amendments to such agreements, publicly available.

3. Other Information

a. Performance-Based Allocation of Asian Development Fund Resources

105. ADB's graduation policy determines eligibility for ADF resources.²⁴ For eligible countries, the performance-based allocation policy defines principles and criteria to guide allocations.²⁵ For each country with access to ADF resources, ADB shall make numerical performance ratings publicly available in an annual report on country performance assessments. The guidelines for country policy and institutional assessments shall also be made publicly available.

b. Economic Data and Research

106. ADB shall make its Annual Report, as well as the Asian Development Outlook, the Asian Development Outlook Update, and Key Indicators containing economic and social data, analyses, and forecasts, publicly available.

107. ADB will also make publicly available an extensive catalog of online books, conference papers, periodicals, reports, studies, and technical briefs containing research, reports, and analysis.

c. Administrative and Other Information

108. ADB shall make the following documents publicly available:

1. Agreement Establishing the Asian Development Bank;
2. by-laws of ADB;
3. Rules of Procedure of the Board of Governors;
4. Rules of Procedure of the Board of Directors; and
5. Agreement Between the Asian Development Bank and the Government of the Republic of the Philippines Regarding the Headquarters of the Asian Development Bank.

109. ADB shall make the following information publicly available:

1. ADB's member countries, their subscribed capital, and voting power;
2. Members of the Board of Governors;
3. Members of the Board of Directors and their voting groups;
4. Committees of the Board of Directors and their members;
5. Members of ADB's Management and senior staff;
6. ADB's organizational structure; and
7. contact information for each of the above.

110. ADB shall make country classifications publicly available upon approval by the Board.

111. ADB shall make the work program and budget framework for each fiscal year publicly available upon discussion by the Board.

112. ADB shall make the summary proceedings of its annual meetings, including decisions taken by the Board of Governors and the speeches of the Governors, publicly available within 60 calendar days of each such annual meeting. ADB shall also make decisions made by the Board of Governors through mail vote available on request.

113. ADB shall make:

1. the tentative schedule and topics of Board discussions for the forthcoming 3 weeks publicly available on a rolling basis,
2. the minutes of each regular Board meeting publicly available upon approval of those minutes by the Board and no later than 60 calendar days after the Board meeting.

114. ADB shall make reports of Board committees to the full Board publicly available if the committee so recommends and the Board approves.

d. Financial Information

115. ADB shall make the audited financial statements for ordinary capital resources, Asian Development Fund, Technical Assistance Special Fund, Japan Special Fund, and other funds as established, publicly available before the Annual Meeting of the Board of Governors.

116. The following shall be made publicly available upon approval by the Board:

1. Management's discussion and analysis of ADB's ordinary capital resources and Special Funds, including financial data on each of the funds;
2. condensed quarterly financial statements;
3. annual report on loan servicing of developing member countries; and
4. the budget of ADB for each fiscal year.

117. ADB shall make any documents related to public offerings publicly available when the laws or regulations governing the financial market concerned require that they be filed with a government agency.

e. Employment Information

118. ADB shall make publicly available (i) ADB's basic salary structure, the methodology used to determine Management and staff salary levels and benefits, and (ii) ADB's broad objectives and strategy in recruiting, placing, redeploying, and retaining staff. ADB shall also make descriptions of positions for staff recruitment publicly available at least 2 weeks before a position is expected to be filled. Each decision of ADB's Administrative Tribunal shall be made publicly available upon the issuance of such decision.

f. Information Produced under ADB's Accountability Mechanism²⁶

i. Consultation Phase

119. The Special Project Facilitator (SPF) shall make the following information and documents publicly available, at the time and subject to agreement of the relevant parties as specified below:

1. the complaint letter-upon the SPF's determination of eligibility of the complaint and subject to the agreement of the complainant;
2. SPF's determination of eligibility of the complaint-upon the SPF's determination of eligibility;
3. a general description of the complaint-upon the SPF's determination of eligibility of the complaint if the complainant has not consented to disclosure of the complaint letter;
4. the review and assessment report prepared by the SPF under step 4 of the consultation phase of the accountability mechanism (2003) -at the commencement of stage 7 of the consultation phase and subject to the consent of the complainant, the government and/or private sector sponsor;
5. a general description of the course of action agreed to by the SPF and the parties involved in the consultation process to resolve the problems raised in the complaint-at the commencement of stage 7 of the consultation phase and subject to the consent of the complainant, the government and/or private sector sponsor;
6. status reports on the implementation of the course of action mentioned under (iv) above-in accordance with any timetable for disclosure of any such reports agreed to by the parties involved in the consultation process;
7. the SPF's final report-within 7 calendar days of circulation to the parties and subject to the consent of the complainant, the government and/or private sector sponsor;
8. monitoring reports-upon circulation to the Board and subject to the consent of the complainant, the government and/or private sector sponsor; and
9. the SPF's annual report-upon circulation to the Board.

ii. Compliance Review Phase

120. The Compliance Review Panel (CRP) shall issue²⁷ a press advisory within 7 calendar days of receipt of a request for compliance review with the requisite basic information. If the request is determined by the CRP to be eligible, the CRP shall make the its report on eligibility and the Board's decision on authorization of compliance review publicly available within 7 calendar days of the CRP's receipt of the Board's decision. If the request is determined by the CRP to be ineligible, the CRP shall make its report on eligibility publicly available upon circulation of the report to the Board. The CRP shall also make the terms of reference of the review publicly available within 14 calendar days of the CRP's receipt of the Board's authorization of the review. The CRP shall make the Board's decision and the CRP's final report, with attachments of any responses to the draft report from Management and the requester, publicly available within 7 calendar days of the Board's decision. The CRP shall make monitoring reports on implementation of any remedial actions approved by the Board publicly available upon circulation to the Board and other stakeholders. The CRP's annual report shall be made publicly available within 4 months of the end of each calendar year.

g. Information Related to Asian Development Fund Negotiations

121. Generally, ADB makes publicly available information related to negotiations for ADF replenishments and midterm reviews. ADB shall make nonfinancial discussion papers for donors' meetings publicly available upon circulation of such discussion papers to the donors. ADB shall make the Chair's summary publicly available following each meeting. The Donors' Report shall be made publicly available upon approval by the Board of Governors.

h. Other Documents Presented to the Board of Directors

122. ADB shall make documents circulated to the Board for information or approval not cited in the Policy publicly available unless Management informs the Board otherwise, and the Board agrees.

4. Exceptions to Presumed Disclosure

123. Paragraphs 126, 127, and 130 set forth the exceptions to ADB's presumption in favor of disclosure of information. If information is removed from a document because the information falls under an exception, or if a document cited in the Policy is not made publicly available, ADB shall make reference to the removed information and/or the document publicly available, unless citing the removed information or document would itself violate an exception.

124. If only part of a requested document is subject to nondisclosure pursuant to the list of exceptions, any information in the document which is not subject to nondisclosure shall, to the extent it may reasonably be severed from the rest of the information, be communicated to the requester.

125. ADB shall not be required to comply with, or respond to, repeated or unreasonable requests for information on the same subject from the same person, organization, or group if ADB has provided such information after the previous request or has given reasons why it cannot provide the information.

a. Current Information

126. Notwithstanding any other provision of the Policy, the following information shall not be made publicly available:

1. Internal information that, if disclosed, would or would be likely to compromise the integrity of ADB's deliberative and decision-making process by inhibiting the candid exchange of ideas and communications, including internal documents, memoranda, and other similar communications to or from Directors, their Alternates, Director's Advisors, members of Management, ADB staff, and ADB consultants.
2. Information exchanged, prepared for, or derived from the deliberative and decision-making process between ADB and its members and other entities with which ADB cooperates that, if disclosed, would or would be likely to compromise the integrity of the deliberative and decision-making process between and among ADB and its members and other entities with which ADB cooperates by inhibiting the candid exchange of ideas and communications, particularly with respect to policy dialogue with developing member countries.
3. Information obtained in confidence from a government or international organization that, if disclosed, would or would be likely to materially prejudice ADB's relations with that party.
4. Individual records, including terms of employment, performance evaluations, and personal medical information of Directors, their Alternates, and Director's Advisors, members of Management, and ADB staff and consultants, as well as proceedings of internal appeal mechanisms and investigations, except to the extent permitted by staff rules and Board of Directors rules and regulations.
5. Estimates of ADB future borrowings, financial forecasts, data on individual investment decisions for ADB's treasury operations, and credit assessments.
6. Analysis of country creditworthiness and credit ratings.
7. Proceedings of the Board of Directors²⁸, with the exception of meeting minutes as referenced in paragraph 113 and summaries as referenced in paragraphs 65 and 67.
8. Information provided to ADB by a party that, if disclosed, would or would be likely to materially prejudice the commercial interests, financial interests, and/or competitive position of such party.
9. Confidential business information.
10. Information related to procurement processes, including pre-qualification information submitted by prospective bidders, tenders, proposals, or price quotations.
11. Information that, if disclosed, would or would be likely to endanger the life, health, or safety of any individual.
12. Information that, if disclosed, would or would be likely to materially prejudice the administration of justice.
13. Information subject to the attorney-client privilege, or whose disclosure might prejudice an investigation.
14. The source of a corruption allegation.
15. Names of those declared ineligible (blacklisted) or under investigation under the anticorruption policy.
16. Audit reports prepared by the Office of the Auditor General and ADB's external auditor.
17. Information that if disclosed would or would be likely to materially prejudice the defense or national security of a member.
18. Financial information that if disclosed would or would be likely to materially prejudice the ability of a member country government to manage its economy.
19. Information that if disclosed would, or would have the potential to, violate applicable law, including copyright law.

b. Historical Information

127. ADB shall make historical information available on request 20 years after issuance, subject to the following exceptions.

1. Information subject to attorney-client privilege, or that if disclosed might prejudice an investigation.
2. Information provided to ADB in confidence with the express understanding that it be kept confidential and that, if disclosed, would or would be likely to materially prejudice ADB's relations with the party that provided the information or would violate the law or breach a legal agreement.
3. The source of a corruption allegation.
4. Names of those having been declared ineligible (blacklisted) or having been investigated under the anticorruption policy.
5. Information that if disclosed would or would be likely to materially prejudice the defense or national security of a member.
6. Information that if disclosed would, or would have the potential to, violate applicable law, including copyright law.
7. Individual records, including terms of employment, performance evaluations, and personal medical information of Directors, their Alternates, and Director's Advisors, members of Management, and ADB staff and consultants, as well as proceedings of internal appeal mechanisms and investigations, except to the extent permitted by staff rules and Board of Governors' Resolutions.
8. Trade secrets.
9. Financial information that, if disclosed, would or would be likely to materially prejudice the ability of a member country government to manage its economy.
10. Information that, if disclosed, would or would be likely to materially prejudice the administration of justice.

128. Information that was not publicly available at the time of its issuance, but would be publicly available if created under the Policy, shall be available on request at the discretion of ADB, subject to the terms and conditions of the Policy and its exceptions.

129. ADB may disclose information listed in paragraph 126 (1) and (2) and paragraph 127, if ADB determines that the public interest in disclosing the information outweighs the harm that may be caused by such disclosure, or if a member country requests it to do so in accordance with its own laws. ADB may also disclose any other information listed in paragraph 126, if ADB determines that the public interest in disclosing the information significantly outweighs the harm that may be caused by such disclosure, or if a member country requests it to do so in accordance with its own laws.²⁹

130. However, notwithstanding paragraph 129, ADB shall not disclose information listed in paragraph 126 (i) if ADB has given an express legal commitment to a party to keep such information confidential and not to disclose such information, unless such party consents, or (ii) if disclosure of such information is prohibited by any applicable law.

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