Description

The World Bank Group comprises five institutions, two that are primarily private-sector focused – the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA), two that are primarily public-sector focused – the International Bank for Reconstruction and Development (IBRD) and International Development Association (IDA), and the International Center for Settlement of Investment Disputes (ICSID).

The World Bank Group’s (WBG) twin goals are to eradicate extreme poverty and promote shared prosperity. Sanctionable Practices – such as corruption, fraud, collusion and coercion – pose a major challenge to these goals. Furthermore, Sanctionable Practices undermine development objectives, damage the reputation of the WBG and its clients, and hurt the poor.

One way that the WBG combats Sanctionable Practices is through the use of administrative sanctions against firms or individuals who have engaged in Sanctionable Practices in connection with WBG-financed projects. The Sanctions System is designed to protect the funds entrusted to the WBG, while offering the firms and individuals involved an opportunity to respond to the allegations against them.

Sanctions Board

The WBG Sanctions Board is part of the WBG Sanctions System and is an independent administrative tribunal that serves as the final decision-maker in all contested cases of Sanctionable Practices occurring in WBG-financed development projects.  The Sanctions Board comprises seven members, all of whom are external to the WBG. Three members are nominated by IBRD, and two members are nominated by each of IFC and MIGA. Once nominated, each member owes his or her duties to the WBG as a whole and not to the nominating institution.

Members of the Sanctions Board do not hold any appointment as staff of the World Bank Group and must remain independent during their service. Their Code of Conduct prohibits taking instruction from WBG Management in pending proceedings and requires that decisions be based solely on the facts of each case. The members do not have assigned offices at the WBG and work and live all over the world.

The WBG Sanctions Board is the 2nd tier in the WBG Sanctions System two-tier review system, and reviews “appeals” submitted by Respondents from the 1st tier reviewer (the IFC Evaluation Officer, MIGA Evaluation Officer, or Sanctions and Debarment Officer in World Bank cases). The WBG Sanctions Board carries out a full de novo review in each case and may hold oral hearings.  It makes determinations on procedural and evidentiary matters, as well as the ultimate issue of liability.  The WBG Sanctions Board may also issue one of five types of sanctions, to include debarment from WBG financing.  The WBG Sanctions Board publishes fully reasoned decisions for each case, redacted versions of which are posted publicly.

In addition to resolving contested sanctions cases, the Sanctions Board also has competence to review determinations of non-compliance with conditions for release by the WBG Integrity Vice-Presidency’s (INT) Integrity Compliance Officer, determinations of successorship or assignment, and requests for reconsideration of final decisions (e.g., when new material evidence becomes available).

The Sanctions Board relies on a professional Secretariat managed by the Executive Secretary to the Sanctions Board, with an office in the Bank’s Washington, D.C., headquarters. The Secretariat assists the Sanctions Board in reviewing cases, issuing decisions, holding hearings, convening for deliberations, and liaising with relevant stakeholders in the WBG and in the global development community.

Service upon the Sanctions Board is governed by the Sanctions Board Statute, the Code of Conduct for Members of the Sanction Board, and the Sanctions Procedures for the relevant WBG institution in a given matter. For all matters not addressed by these documents, the Sanctions Board follows the instructions of the Sanctions Board Chair.

Current members of the Sanctions Board include top international arbitrators, high court justices, and other leading jurists and development experts from around the world.  

NOTE: The appointment to the Sanctions Board is up to six (6) years, the WBG Sanctions Board Members are expected to serve on an as-needed basis during this period, as required by the WBG Sanctions Board’s workload. The WBG Sanctions Board is normally convened twice annually in spring and fall of each year with approximately 10 days per year in Washington, D.C. (subject to public health conditions, sessions have been virtual during the pandemic); with approximately 10 to 15 total days of service expected per year, depending on the Sanctions Board’s workload.

Candidates must not currently hold any appointment to the staff of the World Bank (i.e., the International Bank for Reconstruction and Development and the International Development Association), IFC, or MIGA and shall have relevant experience in procurement matters, law, dispute resolution mechanisms, or operations of development institutions.

Selection Criteria

IFC is seeking a candidate with first rate ethical and professional qualities: unimpeachable probity; first class professional experience in dispute resolution (as an arbitrator, litigator, or judge) in complex corporate and/or commercial matters at an international level; and familiarity with private sector cross- border lending and equity investments and applicable law, dispute resolution mechanisms, or operations of development institutions.

· Candidates must not currently hold any appointment to the World Bank, IFC or MIGA.

· Minimum education requirements include a Master’s in law, corporate compliance, international procurement, auditing, forensic accounting, or an equivalent advanced degree in a related field.

· Qualified candidates will possess a minimum of 20 years of related professional experience in law, anti- corruption and institutional integrity, international procurement, auditing, or related field, with 10 years at an international level. Direct experience with operations and systems within other international development institutions is highly desirable.

· Since IFC is the nominating institution for this vacancy, it is particularly interested in candidates with strong private sector cross-border experience. 

The appointment to the Sanctions Board shall be for a single term of up to six (6) years, non-renewable. The WBG Sanctions Board Members are expected to serve on an as-needed basis during this period, as required by the WBG Sanctions Board’s workload. The WBG Sanctions Board is normally convened twice annually in spring and fall of each year with approximately 10 days per year in Washington, D.C. (subject to public health conditions, sessions have been virtual during the pandemic); with approximately 10 to 15 total days of service expected per year, depending on the Sanctions Board’s workload. The appointment shall terminate at the end of the term, but WBG Sanctions Board Members may be requested to hold office until their replacement has been appointed.

During and after the end of their mandates, Sanctions Board members must accept and be subject to the Code of Conduct for Members of the Sanctions Board, including future time-bound limitations on services for individuals and entities that were Respondents during the Member’s tenure.

Note: Candidates will be subject to a conflict- of-interest check prior to appointment and be required to disclose any circumstance which may give rise to reasonable doubts as to their impartiality or independence. There will also be a background check of the successful candidate. 

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