Toward Greater Transparency

1. Toward Greater Transparency Rethinking the World Bank’s Disclosure Policy The World Bank March 2009

2. Where are we today? • We state a “presumption in favor of disclosure” • The policy lists the specific categories of information we make available to the public—a “positive list” • The “positive list” approach is not consistent with the presumption to disclose 2

3. Where are we today? (continued) • Ambiguous rules for disclosing information not on the positive list • Limited information available on project implementation • Unclear rules for disclosing country-owned information • Cumbersome and costly procedures on disclosing historical information • No appeals process 3

4. A new approach based on four guiding principles • Maximum access to information • A clear list of exceptions that is easier to interpret • Clear procedures for processing requests • An appeals mechanism 4

5. Principle 1Maximizing access to information • Discard the “positive list” and grant access to all information in the Bank’s posession other than what is on a list of “exceptions” • Recognize that certain information need not be restricted forever—provide timelines for declassifying certain categories of information 5

6. Principle 2A clear list of exceptions • Deny access only to information for which there is a compelling reason for confidentiality • Exceptions as narrow as possible • Confidential country owned information • Board papers classified confidential • Internal emails except those filed for public access • Personal staff information • Certain financial information (borrowing plan, IBRD CPIA) • Deliberative information (drafts, comments) • Investigative and sanctions information, attorney-client privilege 6

7. More on Exceptions…. • The Bank may disclose information that falls under the exceptions if it determines that: • disclosure is in the interest of the Bank and the development community • nondisclosure is likely to cause serious harm • such disclosure accords with the Bank’s whistleblower policy • The Bank reserves the right not to disclose information it would normally disclose if it determines that: • disclosure is likely to cause serious harm, and • this potential harm outweighs the benefits of disclosure 7

8. Principle 3Clear implementation procedures • Routinely post as much information as possible on the web • Establish Disclosure Policy Committee to oversee policy implementation • Provide clear service standards for responding to requests, including timelines • When a request is denied, notify in writing with explanation • Reasonable fees charged for hard copies and collating/reproducing information 8

9. Principle 4The right to appeal • Recognize requesters’ right to an appeals process if they believe their request has been unduly denied • Create an administrative appeals mechanism • Headed by MD (may include outside parties) • Full discretion and authority to confirm or reverse previous decisions to deny access, consistent with the policy (except for disclosure decisions by the Board) • Provide written decisions within a defined timeline, explaining reasons for withholding any information 9

10. What Would Be Newly Disclosed? • Some deliberative information at key milestones of the project cycle, including: • Implementation Status and Results Reports (ISRs) • Aides-memoire • Minutes of Concept Review, Decision meetings • Country Portfolio Performance Reviews (CPPRs) • Quarterly Management Reports (QMRs) • Historical information after 5, 10, 20 yrs (CPIA, Board Papers, Internal Audits) • Annual Project Audit Reports and Financial Statements 10

11. How do we compare with countries and other multilateral development banks? • Many countries have adopted freedom of information legislation (e.g., China, India, Mexico) • Policies of other MDBs are similar to the Bank’s existing policy 11

12. Questions for discussion • Do you support the proposal to depart from the existing “positive list” approach to a more open policy under which the public can obtain all information in the Bank’s possession other than what is on a list of exceptions? • Do the proposed exceptions adequately reflect the areas in which there is a compelling reason for confidentiality? • Do the proposed exceptions strike the right balance between the need for transparency and the need to protect confidential information relating to member countries and third parties? 12

13. Questions for discussion(continued) • With respect to timelines for declassifying information: • Do you support a uniform 20-year timeline to declassify most historical documents as is the norm at many international organizations? • Alternatively, should certain documents be declassified earlier than 20 years, for example, after 5 or 10 years? • If so, what are the types of documents that could be declassified at those intervals? 13

14. Questions for discussion(continued) • Do you support the proposal to add project audits and annual audited project financial statements prepared by borrowers to the list of documents that borrowers are required to disclose? • Are there other documents prepared by member countries, related to World Bank-supported operations, that countries should be required to disclose? • Are there disclosure issues you feel this proposal does not address? 14

15. Processing timetable • Consultation process launched in February 2009, starting with member country authorities • Consultations with global stakeholders launched in March 2009 • web-based consultations • live consultations in selected member countries • international fora • Paper with recommendations to be considered by the Executive Directors in July-September 2009 15