Cross Debarment

by Dr Edouard Fromageau

This paper was first published as ‘MPILux Working Paper 4 (2017)’. The full and final text is now available online as an entry of the Max Planck Encyclopedia of International Procedural Law, published by OUP at www.mpeipro.com.

Abstract: Cross debarment is a procedure established by five multilateral development banks—the African Development Bank Group (‘AfDB’), the Asian Development Bank (‘ADB’), the European Bank for Reconstruction and Development (‘EBRD’), the Inter-American Development Bank (‘IADB’) and the World Bank Group (‘WB’)—in order to mutually enforce their debarment actions with respect to four harmonized sanctionable practices ie corruption, fraud, coercion, and collusion. Consequently, firms and individuals debarred by one of these banks could then be sanctioned, for the same misconduct, by the other banks. This procedure was established by the Agreement on Mutual Enforcement of Debarment Decisions (‘AMEDD’), which was signed by these multilateral development banks on 9 April 2010 in Luxembourg.