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The Director of BCRM and the IRM Experts determine eligibility of requests for compliance review. After such determination, they must submit a Report to the Board of Directors or the President (depending on the status of the project approval) including recommendations to authorize or not a Compliance Review within 30 days.
Once the Board of Directors or the President approves the review, the IRM Experts constitute the Compliance Review Panels to undertake the compliance review and receive the administrative and technical support from BCRM. Subject to the provisions of the Bank Group’s Disclosure and Access to Information Policy, the recommendation for a compliance review and the decision made by the President or the Board, as the case may be, is promptly communicated to the Requestors and any other interested person. A summary of the decision and the recommendation for a compliance review shall be published on the Bank Group’s website
The Compliance Review Panel conducts Compliance Review in accordance with the authorized Terms of Reference and time-frame. The Compliance Review Panel may:
- Solicit additional oral or written information from, or hold meetings with the requestors and any interested party;
- Undertake site visits to the project(s) in issue;
- Retain additional expertise (consultants) to assist with an inquiry, assessment, review or exercise of specific issues.
After completing its investigations, the Compliance Review Panel shall within 30 days write the compliance review report containing the panel’s findings and recommendations and circulate it to the Bank Management for review and comments on factual matters only. The Bank Management shall submit its comments to BCRM/IRM within twenty-one (21) business days from the date of receipt of the draft report from BCRM/IRM; and upon receipt of comments from Bank Management, the panel shall finalise its report.
The panel submits the Compliance Report that has considered Management factual amendments, if any, to the Board of Directors or the President (depending on the status of the project approval) including its findings and recommendations for:
- Any remedial change in the scope or implementation of the Bank financed project;
- Any remedial change to systems or procedures of the Bank to avoid a recurrence of similar non-compliance which resulted in complaints about harm; and
- Any further steps to be undertaken to monitor the implementation of the remedial action plans referred to above.
Subject to the provisions of the Bank Group’s Disclosure and Access to Information Policy, the Compliance Review Report shall be made available to the Requestors at the same time as it is submitted for consideration and decision by the Board of Directors. Thereafter, it is posted on the Bank Group’s website.
Upon receipt of the Compliance Review Report by the President or the Board of Directors, the AfDB Management prepares a response and an action plan based on the findings of the Compliance Review Report. They submit it to the President, the Board of Directors, BCRM and the Requestors within 90 days. Within 30 days from the date on which the Response and Action Plan are distributed to the Board of Directors, the AfDB Management consults with BCRM and agrees on a date for a joint presentation of the Compliance Review Report and Management’s Response and Action Plan to the Board.
Management must consult with BCRM not later than three (3) months from the date of consideration by the Board of Directors of the Management Action Plan. Management must also agree to prepare and submit to the Board progress report on the status of implementation of the recommendations contained in the compliance review report that have been approved by the Boards together with the Management Action Plan.. The IRM Panel and BCRM (the IRM monitoring team) will review these reports and provide, if necessary, an assessment of the progress achieved in the implementation of the Management Action Plan and submit a report to the Board for consideration. The IRM monitoring team will share its findings with Management and the Requestors for clarification of issues before submitting its report to the Board for consideration.
Subject to the provisions of the Bank Group’s Disclosure and Access to Information Policy, the decision made by the Board or the President, as the case may be, shall be promptly communicated to the Requestors and any interested party of such decision and the Compliance Review Report shall be published on the Bank Group’s website.
The Compliance Review Report may not recommend the award of compensation or any other benefits to the Requestors or any other person, entity or government beyond that which may be expressly contemplated in a relevant Bank Group policy.