Enforcement Commissioner

The EBRD’s Enforcement Policy and Procedures define the Prohibited Practices and 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, trust funds or cooperation funds administered by the EBRD.

The EBRD’s enforcement proceedings follow a two-stage decision-making process, described in more detail in the Note on EBRD’s Enforcement Processes, including Settlement Agreements. The Enforcement Commissioner is the first tier decision-maker 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 impose sanctions for Prohibited Practices, based on a final judgment of a judicial process in an EBRD member country or the enforcement mechanism of certain international organisations; 
• 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.

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