Alex Haines, headnote for Oxford International Organizations, OUP
In his latest headnote for Oxford International Organizations (“OXIO”), Alex Haines examines how the right to due process is incorporated into the Enforcement Policy and Procedures (“EPPs”) of the European Bank for Reconstruction and Development (“EBRD”).
The EPPs, together with the Agreement Establishing the EBRD and the Enforcement Committee Terms of Reference, constitute the legal framework that governs the administrative process by which the EBRD determines whether or not to sanction firms and individuals alleged to have engaged in Prohibited Practices to ensure that EBRD resources and assets are used only for their intended purposes. The EBRD’s sanctions framework follows a two-tier enforcement process, similar to the World Bank Group.
Although there are concerns as to the composition of the second-tier of the sanctions system including the renewal provisions for the members of the Enforcement Committee, three modern provisions stand out in the EPPs that could influence the sanctions regimes of other Multilateral Development Banks/International Financial Institutions: third party finding mechanism (Section III, 3.3), a more extensive list of Prohibited Practices (Section II(46), and a right to appeal for both parties (Section III, 7(1)(i)).
The headnote will be published on the OXIO OUP database at the end of the month.
Barristers: Alex Haines