Enforcement Commissioner

Overview

The EBRD prohibits corrupt, fraudulent, coercive, collusive, obstructive practices, theft and misuse of EBRD’s resources ("Prohibited Practices") in relation to its projects and activities.  The EBRD’s Enforcement Policy and Procedures set forth the policy and procedures for the sanctioning of Prohibited Practices suspected or detected to have occurred in projects financed from the EBRD’s ordinary capital resources, special funds resources or cooperation funds administered by the EBRD.

The EBRD’s enforcement proceedings follow a two-stage decision-making process, described in more detail in “EBRD Settlement Agreements”. The Enforcement Commissioner is the first tier of the EBRD’s two-tier enforcement process and has a number of roles as set forth in the Enforcement Policy and Procedures, including:  

  • to make a determination to impose sanctions for Prohibited Practices, based on the results of EBRD’s own investigation of an alleged prohibited practice;
     
  • to make a determination to impose sanctions for Prohibited Practices, based on a third party’s finding as to the occurrence of a prohibited practice;
     
  • to make a determination to impose sanctions following upon a debarment made by parties to the Agreement for Mutual Enforcement of Debarment Decisions;
     
  • to approve settlements, in consultation with EBRD’s General Counsel; and
     
  • to suspend eligibility to become an EBRD counterparty.

The decisions of the Enforcement Commissioner under the first two bullets above may be appealed to the Enforcement Committee.

Public Notice of Attempts by the Enforcement Commissioner to Locate Certain Firms and Individuals

In order to deliver certain notices, the Enforcement Commissioner is attempting to locate the firm(s) and/or individual(s) listed in the table below.

Table

No.

Name

Address

Last day of 45 day

period

(DD/MM/YYYY) *


More information, as well as copies of the relevant notices, can be obtained by contacting the Enforcement Commissioner by mail, telephone, e-mail or fax to provide the necessary address particulars to permit a successful delivery. The contact details for the Enforcement Commissioner are as follows:

Paul Kearney
Chief Counsel & Enforcement Commissioner
European Bank for Reconstruction and Development
1 Exchange Square
London
EC2A 2JN
England

Phone: + 44 (0) 207 338 6184
Fax: + 44 (0) 207 338 6150

E-mail: kearneyp@ebrd.com

* The name of any firm(s) and/or individual(s) listed in the table above is posted for a forty-five day period expiring on the last day of the period which is specified in the table. Any of any firm(s) and/or individual(s) listed in the table above will be deemed to have constructive notice of the contents of the applicable notice on the last day of the applicable 45 day period, unless actual delivery of such notice is accomplished before that date.

Constructive Notice under the Enforcement Policy and Procedures

For more information on constructive notice under the Enforcement Policy and Procedures, see the Procedures on Constructive Notice under the EPPs.