Agreement For Mutual Enforcement Of Debarment Decision
No no. The cross lock only applies after the effective date and existing contracts are not affected. However, the bank will generally not approve any changes that will increase the value of existing contracts with sanctioned companies. No no. A contract is not considered null and void since it was awarded between the decision of the sanctioning body and the entry into force. In addition, the Bank may decide not to recognize a decision if there are institutional or legal reasons that prevent it. No no. The Bank will only recognize unlocking decisions as part of the mutual enforcement agreement. The Convention on the Mutual Enforcement of Decisions does not apply to decisions made in a national or international forum. Notwithstanding the above, it should be noted that the Bank`s contracting rules prevent it from requiring that a company sanctioned by a domestic entity be considered eligible for a bank-financed contract. No no. Recognition of an adversity decision prevents a sanctioned company from awarding a bank-financed contract.
The Bank recognises sanction decisions made by sanctioning bodies where (i) the decision is based, in whole or in part, on a sanctionable practice (ii) exceeds one year of the original decision to give birth; (iii) the sanctioning institution makes the decision public and (iv) the decision was taken within ten years from the date of the Committee on the Practice of Sanctions. The lockout is the recognition of the unlocking decisions by the signatories of the agreement on mutual enforcement of longshore decisions on the same terms as the original decision. Therefore, a decision of one of the signatories, a company or a person who has committed a fault is referred to as “sanctioning practices” sanctioned by others. Signatories are referred to as “participating institutions.” The participating institution that makes a first decision to unlock is the institution of sanctions. This document sets out the terms of the agreement between the African Development Bank Group, the Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Development Bank Group and the World Bank Group on Mutual Recognition and Implementation of the participating institution`s longshore mechanisms and decisions. Practices that can be sanctioned are corruption, fraud, coercion and collusion within the meaning of the Bank`s procurement guidelines. They are derived from the standardized definitions adopted by the participating institutions under the single framework. The Bank also recognizes obstructive practice as a sanctionable practice, although this practice is not applicable only in the context of the “cross-debarment” procedure. The definition of each maturity is available on the Bank`s website. The effective date is the date on which the Bank recognizes the decision of a sanctioning institute taken under the same conditions as the original sanction. In some cases, the effective date may be slightly different from the date of the original sanction.
This may be due to administrative reasons, including delay in receiving notification of the sanction decision and internal review of legal and institutional grounds. In any case, the bank will make the decision available to the public on its website on the reference date. If these employees, affiliates or parent companies are not expressly sanctioned, they are considered eligible by the bank. It is called the African Development Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Group of the Development Bank and the World Bank Group.