Second tier : The Secretariat of the Sanctions Appeals Board
The Sanctions Appeals Board Secretariat (BSAB) was established in December 2013. The Sanctions Appeals Board is comprised of six (6) members, three (3) of whom are substantive and three (3) are alternate. Four (4) of the Sanctions Appeals Board members are external to the Bank and are chosen from among leading experts in the field of Anti-corruption. Two (2) of the internal members are chosen from among staff members in senior management in the Bank. The Sanctions Appeals external Board members are appointed by the Bank’s Board of Directors upon recommendation of the President of the Bank for a period of three (3) years, renewable once. The candidates must not have previously held or currently hold any appointment as governors, directors, alternates, officers or employees of the Bank.
The BSAB is assisted by an Executive Secretary to the Sanctions Appeals Board and an Administrative Assistant. The Executive Secretary provides legal and administrative support needed for the Sanctions Appeals Board’s effective functioning.
The Sanctions Appeals Board (BSAB) is the final decision maker in contested cases of Sanctionable Practices1 in the Bank Group corporate procurement and Bank Group financed projects and programs. The Sanctions Appeals Board carries out a full de novo review in each case, and may hold oral hearings. After completing its review and making a determination on liability and any appropriate sanctions, the Sanctions Appeals Board publishes summary decisions for each case.
The Sanctions Appeals Board additionally publishes and periodically updates a compilation of illustrative decisions of legal principles that it has applied during the examination of files.
The African Development Bank Group is signatory to the Agreement for Mutual Enforcement of Debarment Decisions. This Agreement allows other participating institutions2 to enforce debarment sanctions in excess of one (1) year which have been imposed by the other institutions that are signatory to the Agreement.
Debarred entities are ineligible to participate in Bank Group financed, administered or supported activities. A debarred firm’s ineligibility extends to all employees and officers of a firm, and may extend to other principals and contractual employees of the firm. Debarred individuals may not participate in Bank Group financed activity, as individuals or through nomination by an eligible firm, unless they have completely disassociated themselves from an ineligible firm.
1 Corruption, Fraud, Collusion, Coercion and Obstruction.
2 The Asian Development Bank, the European Bank for Reconstruction and Development, the Inter-American Development Bank Group and the World Bank Group.