SO

Transparency

The Sanctions Officer

The Sanctions Officer is the first instance of the Sanction System’s adjudication phase. The Sanctions Officer evaluates the sufficiency of the evidence presented by OII and the Respondent, and issues a Determination. If the Sanctions Officer finds that a Prohibited Practice is supported by a preponderance of the evidence, the Sanctions Officer determines the Sanction to be applied to the Respondent. If the determination is that the Prohibited Practice is not supported by the preponderance of evidence, the allegations are dismissed and proceedings terminated. Determinations issued by the Sanctions Officer against Respondents can be appealed before the Sanctions Committee.

Process

The Sanctions Officer evaluates the sufficiency of the evidence presented by OII in their Statement of Charges and Evidence. If the Sanctions Officer determines that the investigated party (Respondent) engaged in a Prohibited Practice, the Sanctions Officer notifies the Respondent that sanctions proceedings have been initiated. The Respondent may submit a Response. After receiving the Response, the Sanctions Officer may request additional information or materials from OII or the Respondent.

The Sanctions Officer evaluates the sufficiency of the evidence presented by OII and the Respondent, and issues a Determination. If the Sanctions Officer finds that the preponderance of the evidence supports the fact that the respondent engaged in a Prohibited Practice, the Sanctions Officer determines the appropriate Sanction to be applied to the Respondent. If on the contrary, the Sanctions Officer determines that the Prohibited Practice is not supported by the preponderance of evidence, the allegations are dismissed and proceedings terminated.

Determinations issued by the Sanctions Officer against Respondents can be appealed before the Sanctions Committee, provided the Respondents submitted a Response during the period established in the Sanctions Procedures.

Separately, in relation to Negotiated Resolution Agreements conducted by OII, the Sanctions Officer is responsible for evaluating eligibility for OII and an investigated party to proceed with negotiations. As part of the review, the Sanctions Officer also establishes requirements for a negotiations process that include, among others, the applicable range of sanctions to be considered by OII and conditions for release from a sanction.

For more information on these processes and the role of the Sanctions Officer see Key Documents: Sanctions Procedures, Harmonized General Principles and Guidelines for Sanctions, MDB Harmonized Principals on Treatment of Corporate Groups.  

Possible Sanctions

The Sanctions Officer may impose a:

  • Reprimand: formal letter of censure of the conduct
  • Debarment: ineligibility to be awarded and/or participate in contracts related to Bank-financed projects for a determined period
  • Conditional Non-Debarment: request to comply with certain measures to avoid debarment
  • Permanent Debarment
  • Conditional Debarment
  • Debarment with conditional release: debarment subject to compliance with certain conditions upon which the sanctioned party may be released
  • Restitution of funds or imposition of fines.
Contact

E-mail: SanctionsOfficer@iadb.org
Tel: +1-202-623-3223
Fax: +1-202-623-3018

The Sanctions Officer
Inter-American Development Bank Group
1300 New York Avenue, N.W.
Washington, D.C. 20577, U.S.A.