Frequently Asked Questions
Who is a Whistle-blower or Complainant ?
Any person or party who conveys or is proven to be about to convey a concern, allegation or any information indicating that Fraud, Corruption or any other Misconduct is occurring or has occurred in the Bank or in a Bank Project; with knowledge or good faith belief that the concern, allegation or information is true.
Why protect Whistle-blowers ?
To combat corruption and culture of corruption:
- Increase accountability and transparency in the operations and management of the Bank
- Identify and address costly problems early
- Encourage compliance through deterrence
- Increase trust and confidence in Bank operations
How does the bank protect Whistle-blowers ?
Reprisals against anyone making a report will not be tolerated. Any reprisal against a person for using the Bank's complaint reporting procedures is subject to sanction according to Bank rules and procedures. To the extent possible, the Auditor-General shall guarantee confidentiality of the identities of Whistle-blowers and Complainants.
What happens after I make a report ?
Each complaint is treated with the utmost seriousness. Your complaint will be analyzed by the IACD to ensure that it appears to be a genuine and serious complaint. The IACD will also ensure that matters alleged in the complaint relate to fraud, corruption, or misconduct. If your complaint is not sufficiently specific and is more directly concerned with the Bank's Code of Ethics for example, or some other Bank standard, it will be referred to the appropriate body. If your complaint does relate to fraud and/or corruption, it will be forwarded to the Office of the Auditor General's Anti-Corruption and Fraud Investigation Division, which will determine whether the facts as reported should be investigated. In most cases, a preliminary inquiry would be undertaken first by the IACD, to confirm or collect further data. Upon conclusion of an investigation, the results are presented to the President of the Bank for appropriate disposition.
Can't someone be seriously harmed by some anonymous report that is untrue ?
Anonymous reports cannot be used to apply sanctions or to refer a matter to national authorities for prosecution unless the facts are confirmed by an independent investigation according to Bank procedures. Anonymous reports, if credible, can only serve as the basis for launching an investigation. It is only when an investigation supports an anonymous report that any action will be taken. Furthermore, the investigations are conducted under the highest level of confidentiality, and everything possible will be done to prevent the information leaking out. All records are maintained in locked files, and a log is kept of all access to any confidential document. In the case of Bank, there will be absolutely no reference to an anonymous report placed on the person's personnel file.
What does the Bank do about people who deliberately file false reports ?
Any Bank employee, or any person or entity that does business with the Bank, who knowingly reports false, frivolous, or misleading information, is subject to sanction. In cases where such conduct may be a legal offence, the Bank may also refer the matter to national authorities for prosecution.
If I make a report that I think is accurate but turns out to be false will I be punished ?
No. The key premise is that you believe on reasonable grounds that the facts reported are accurate. That is all that the Bank requires. The Bank is asking you to report any activity that appears to you to involve fraud, corruption, or misconduct within Bank activities or that is committed by a Bank employee. The Bank will investigate the report and determine whether it is well founded. Even if it is determined that it is not well founded, if you made the allegation in good faith belief, you have nothing to worry about.
Are there any rewards for turning in someone who is found to have committed fraud or corruption ?
No, the Bank does not offer monetary or any other forms of reward for reporting allegations.
Who is told about what I report? Are allegations shared with others either inside or outside the Bank ?
The allegations, and the investigation, are all kept confidential. We will respect your privacy and the confidentiality of the material provided. Once the matter is resolved, if sanctions have been applied to a staff member, then his or her personnel record will reflect that. The results of investigations will be included in periodic reports, but the identity of the person who brought the original allegation and of other parties involved in investigations will not be revealed
What is Retaliation ?
Retaliation is any act direct or indirect, recommended, threatened or taken against a Whistle-blower or Complainant by any Person because the Whistle-blower or Complainant has made a disclosure pursuant to the Policy.
Retaliation shall not be permissible against any Whistle-blower or Complainant.
Retaliation includes:
- Discrimination
- Reprisal
- Harassment
- Vengeance
As a matter of general deterrence, the Bank shall publicly inform Bank Personnel of the penalty imposed and discipline of a supervisor for Misconduct arising from Retaliation;
The Bank will insert clauses in Bank loan agreements and grant agreements, undertaking to take punitive action against persons who engage in Retaliation.
What remedies are given to a Complainant?
Employment remedies available to a Whistle-blower against whom there has been Retaliation shall be determined by the President based upon the findings and recommendations of the Auditor General and shall include but not be limited to:
- Reinstatement
- Back pay and Benefits
- Compensatory damages
- Adjudication expenses, including representation fees, costs of expert witnesses, travel and other costs associated with the claim of Retaliation.
- Transfer upon the request of the prevailing Whistle-blower to another part of the Bank
- Intangible benefits, including public recognition of the vindication of the Whistle-blower, and in appropriate circumstances public recognition of the contributions of the Whistle-blower to the Bank.
- Any other further relief to be recommended by the Auditor General
What are the Obligations and Rights of the Bank and its Personnel?
In furtherance of the Policy objectives, the Bank and its Personnel shall have obligations and rights, amongst which are the following:
- Bank Personnel are duty bound to disclose any Fraud or Corruption that come to their attention immediately but in any event not later than seven (7) days after becoming aware of the Fraud or Corruption;
- As a matter of general deterrence, the Bank shall publicly inform Bank Personnel of the penalty imposed and discipline of a supervisor for Misconduct arising from a Retaliation;
- The report of the Auditor General recommending relief against retaliation shall be furnished to the Whistle-blower;
- The Whistle-blower shall have a prior opportunity to review any communication that would lead to exposure;
- The reporting of the retaliatory cases related to this Policy shall, as with other investigative activities of the Auditor General, be publicly reported by the Auditor General and made available on the Bank website, taking into account the privacy of the Party/Parties concerned.
Bank personnel are to cooperate fully and assist the Office of the Auditor General (OAGL) in audits undertaken by the Audit Division and investigations that are conducted by the IACD.
What does the Bank mean when it talks about "Corrupt practice" ?
Corruption is a general term that has many meanings. Generally, people understand what is meant when an activity is said to be "corrupt". In the Bank, the accepted definition of "corrupt practice as follows:
"A Corrupt practice means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party"
What does the Bank mean when it talks about "Fraudulent practice" ?
A fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation."
There are no references to bribery. Does that mean that bribery is excluded ?
No. Bribery is a specific form of corruption and is included within the mandate of the Anti-Corruption and Fraud Investigation Division.
What is Misconduct?
Misconduct is a failure by a staff member to observe the rules of conduct or the standards of behaviour prescribed by the Bank.
What is the Standard of Proof used by the Bank to substantiate a Complaint?
The Standard of Proof that shall be used to determine whether a complaint is substantiated is defined for the purposes of an investigation as information that, as a whole, shows that something is more probable than not.
