Are debarred firms or individuals subject to criminal proceedings?
ADB’s debarment procedure is administrative, not a criminal one. It does not provide for a comprehensive legal or judicial assessment of whether an entity has committed fraud or corruption, and can therefore not be compared with a process based on criminal law, as guaranteed in most countries through legislation and judicial systems. One important reason for this is that ADB does not intend to establish a legal or judicial framework, which could supersede or contradict those of ADB’s Member Countries. Moreover, ADB has a certain degree of immunity in its Member Countries, and therefore has to avoid the impression of being supra leges (above the law) when it comes to its sanctions. ADB’s investigative process aims to determine whether there is sufficient evidence to prove an individual or firm having engaged in one of the prohibited practices. If this is the case, then ADB has a basis on which to make a decision not to do business with such a firm or individual.
Related Questions
- Why doesn ADB publicize the names of the firms and individuals it has debarred pursuant to the Anticorruption Policy?
- Are individuals interested in becoming licensed to teach any subject area eligible to participate in the TtT Program?
- Does ADB publicize the names of firms and individuals it has debarred?
