Why doesn ADB publicize the names of the firms and individuals it has debarred pursuant to the Anticorruption Policy?
Acknowledging there is some deterrent effect to publicizing its debarment list, ADB has concluded doing so will limit the Integrity Division’s ability to fairly and consistently implement its responsibilities under the Anticorruption Policy. It would place ADB above the law by publicly labeling parties with terms that have serious legal implications in a manner that some jurisdictions would classify as slander, but for which ADB has immunity. The process through which ADB imposes sanctions is an administrative process, not a legal or judicial assessment of fraudulent or corrupt practices. Parties with the greatest resources will present significant challenges to the administrative process, leading to inequality based on the resources a firm or individual may have. The list is not secret. ADB staff may access the list, and ADB shares the information with international organizations, and others with a need to know. Read more.