Operational implementation of the transparency policy: questions/answers

AFD's commitments

Operational implementation of the transparency policy: questions/answers

1. What information is available on AFD funded operations? And when?

AFD posts 3 documents on its operations on its website:

The operation presentation document (OPD) gives information on the operation AFD has decided to process. It applies to all operations where AFD wishes to give information to interested parties and is posted after the decision to continue processing and with the client’s approval. The OPD includes information on the operation under consideration in terms of context, objectives, activity, social and environmental classification and expected outcomes. The document normally applies to all operations except: (i) non-concessional funding and (ii) operations whereby the client strictly forbids information disclosure;
The operation presentation note (OPN) discloses information relating to the operation after AFD’s decision-making body has approved the operation and with the client’s consent. The note applies to all AFD operations and contains a full summary in terms of knowledge and understanding of the operation and its implementation, with the exception of information protected by banking or business secrecy. It also includes an indicative list of future bid invitations required to implement the operation. The OPN is published with the client’s prior approval;
The publicly-available operation monitoring note (OMN) is published on an annual basis and updates the OPN. It gives information on the implementation of the operation in terms of what was initially planned;
Should the processing of the operation be suspended AFD reserves the right to decide whether or not to communicate the reasons for the suspension to the interested parties.

2. Can other documents on AFD funded operations be requested ?

Yes. Following a written request for specific information AFD may disclose other information on operations, in particular:

the summary of the feasibility study on the operation; the environmental and social study of the operation when applicable; the summary of final appraisals on operations, a summary of ex post evaluations when applicable.

3. How can specific information be requested ?

You can send an email to the AFD transparency unit: transparence@afd.fr. The request for information will be dealt with by the relevant department. You should receive a reply within 30 business days following receipt. Should the request be imprecise or unclear the relevant department will contact you for further details. The complexity of a request may make it impossible to provide an answer within the deadline in which case you will be contacted by the transparency unit as quickly as possible, within the 30 day business day period following receipt. Should AFD departments be unable to disclose some or all requested information due to reasons of confidentiality our reply will, as far as possible, include the reason for this and will provide details concerning all rights of recourse (see below). AFD reserves the right not to meet a specific request and shall endeavour to give grounds for this refusal.

Documents relating to operations disseminated by AFD shall be expurgated by the relevant client of all information it does not wish to disclose, particularly information protected by banking or business secrecy. Moreover, AFD only disseminates information which has expressly been approved for release by the client. In some cases AFD transmits the disclosure request to the client.

Information is disseminated in its existing form in the language in which it was drafted. Whenever possible it is presented in a form which meets the specific requirements of the requestee. It is transmitted free of charge electronically or in paper form by post.

4. What recourse is available if a request for information is refused?

Should you not receive a reply within the allocated time period or should you consider the reply unsatisfactory or incomplete you may send a written request to the Strategy Director within 30 business days after receipt of AFD’s reply.

The Director will normally reply within 60 business days after receipt of the recourse. Such recourse is processed by the transparency unit.

5. What information is not available?

Unless otherwise authorized by the client, the following information is not available:

information protected by banking secrecy, such as information relating to safeguard procedures (the French version of bankruptcy protection) and protected by article L.622-6 of the Commercial Code;
information relating to individuals, their private life or integrity, without the prior approval of the latter, including data protected under French law on the protection of personal data;
banking information (cash or portfolio transactions, security transactions, credit transactions, bank guarantee underwriting);
information relating to AFD transaction costs or margins as well as internal financial or accounts management information, with the exception of financial information required by law;
information relating to the client’s private or moral interests;
under business secrecy whereby the disclosure or dissemination to a third party could be seriously prejudicial to the interests of the relevant enterprise. This information concerns organization, manufacturing or invention processes and investment plans;
information relating to public policies in beneficiary countries – for instance information relating to institutional reforms, public tariffs, prices charged – as long as such policies have not been decided upon and published by the relevant country.

6. How long is information available on the AFD website?

The timescale for the availability of information depends on its nature:

Information relating to AFD is permanently available and is regularly updated;
Documents containing information relating to the strategic cycle are available throughout their validity period and are replaced, category by category, as and when changes occur; information relating to the operational cycle is available on the website throughout the life span of the operation and is archived one year after its closing. Specific cases in AFD operations:
- operations prior to, or completed at, the date of the implementation of the transparency policy are not publicly disclosed. The publication of information relating to such operations is subject to usual archive rules;
- Specific and brief information relating to operations underway at the time of the implementation of the transparency policy shall be disclosed and may take the form of a list including environmental classification. Comments from the project presentation note may also be included;
- Operations commencing after the implementation date of the transparency policy shall strictly comply with the rules set out herein.
The timescale for information available on the website relating to AFD’s intellectual production is fixed on a case by case basis by the heads of the departments producing such information.

7. How can observations be submitted concerning information on the website?

Please send an E-mail to the dedicated e-mail address transparence@afd.fr. AFD reserves the right not to reply to observations which have been submitted.