DEBARMENT GUIDELINES(as of November 6, 2023)
PURPOSE
Article1 These guidelines set forth rules necessary for Sanction Board of Japan International
Cooperation System (hereinafter referred to as “JICS”), which is established in accordance with JICS’sorganization regulations “Establishment of Sanction Board” (Notification No. 1 of 1 February 2007)(hereinafter referred to as “Sanction Board”), to determine and impose debarment

against a

Respondent (as defined in Article 2) from being awarded or nominated for a contract, or cancelationof the contract procedure or the contract therein (hereinafter referred to as “Debarment”), for projects
and/or programs (collectively, hereinafter referred to as “Project”) to be implemented by funds granted
to recipient countries.
ACCEDENCE AND INDICATION OF INTENTION BY RECIPIENTS, ETC.
Article 2 (1) JICS shall impose Debarment against a firm or an individual (hereinafter referred to as“Respondent”) that competes or is nominated for a contract relating to supply of materials andequipment, provision of services, construction works, or employment of consultants, which arenecessary for the Project, in the case where the Debarment against the Respondent is demanded by
the Government of Japan to the government of the recipient country, and such recipient country
indicates its intention to agree with such Debarment.
(2) JICS, notwithstanding paragraph (1) above, may impose Debarment against a Respondent when
the Respondent is determined to fall under any of items in the “Table of Sanction Criteria” attachedherewith (hereinafter referred to as “Appended Table”), provided that the government of therecipient country or the international organization as an orderer for the Project (hereinaftercollectively referred to as “Recipient, etc.”) indicate in writing its intention to demand or consent to
the Debarment.
(3) In the case where the Recipient, etc., imposes, or indicates their intention to impose, Debarment
against a Respondent, JICS may impose the Debarment or any sanction equivalent to the Debarment
against such Respondent (Appended Table 3).
(4) In the case where the Government of Japan demands that JICS impose Debarment against a
Respondent by canceling contracts regarding procurement with such Respondent, JICS shall takeaction in accordance with such demand after obtaining the consent of the Recipient, etc.
DEBARMENT
Article3 (1) JICS shall prescribe a period of Debarment (hereinafter referred to as “Debarment
Period”) against a Respondent under Article 2 (hereinafter, Respondent subject to Debarment Period1referred to as “Debarred Respondent”) in accordance with the measures taken by the Government ofJapan and/or the Recipient, etc. under Article 2 or in the case where such measures are not taken, in
accordance with the items in the Appended Table.
(2) JICS shall not invite a Debarred Respondent to any general competitive bidding process conducted
by JICS during his/her/its Debarment Period.
(3) JICS shall not nominate a Debarred Respondent for a contract during his/her/its Debarment Period
in the case of any competition including limited competitive bidding, shopping, and request for
proposal to be conducted by JICS.

JICS shall withdraw such nomination when any Debarred

Respondent has been nominated during his/her/its Debarment Period.
(4) JICS may not invite or nominate any Respondent to any general competitive bidding process
conducted by JICS during the period when such Respondent is debarred by the Government of Japanor the Japan International Cooperation Agency (hereinafter referred to as “JICA”).
(5) JICS shall not invite or nominate any Respondent to any general competitive bidding process
conducted by JICS during the period when such Respondent is debarred by the Recipient, etc.
(6) If a presently Debarred Respondent falls under any of the sanction criteria anew for any reason
separate from the reasons he/she/it became subject to Debarment, JICS may impose further sanctions
on such Respondent without waiting for the expiration of the active Debarment. (These cases shallnot prevent Debarment Periods from exceeding 36 consecutive months.)
DEBARMENT OF SUBCONTRACTOR AND JOINT-VENTURE
Article4 (1) In the case where JICS imposes Debarment against a Respondent in accordance with
Article 2 and 3, in the event that it becomes clear that a subcontractor of Respondent is also responsible
for such Debarment, JICS shall also impose Debarment against such subcontractor for a period nomore than the Debarment Period imposed against the prime contractor.
(2) In the case where JICS imposes Debarment against a joint venture in accordance with Articles 2
and 3, JICS shall also impose Debarment against members of joint venture for a period no more thanthe Debarment Period imposed against the joint venture (except for any member who is determined
not to be responsible for such Debarment).
(3) JICS shall impose Debarment against a joint venture that includes any member against whom the
Debarment is imposed in accordance with paragraph (3-1), (4-1) or (4-2), for a period no more thanthe Debarment Period imposed against the said member.

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Debarment Against Corporate Groups, etc.
Article5 (1) If a Debarred Respondent includes a corporation or individual listed below, JICS may
determine a Debarment Period in response to the circumstances and impose Debarment against suchcorporation or individual within the range of Debarment Periods for such Respondent.
(i) A joint-stock company in which a Debarred Respondent holds a majority of shareholders’ voting
rights, or other corporation the management of which such Respondent substantially controls(ii) A corporation or individual the management of which a Debarred Respondent substantiallycontrols (excluding national or local governments or analogous groups.)(iii) A corporation in which a corporation or individual as defined in the previous items holds amajority of shareholders’ voting rights, or other corporation whose management is substantiallycontrolled by such corporation or individual(2) In the case when a Debarred Respondent has caused its business, assets, or rights and obligations
to pass to another corporation or individual through merging, dividing, transferring ownership,
dissolving, or the like, and JICS deems that the state of management or operation under suchcorporation or individual is identical or similar to such state under such Respondent (including thecase when such Respondent and such corporation or individual belong to the same corporate group[referring to a group that comprises the entities set out in items (i) through (iii) of the previous
paragraph]), JICS may determine a Debarment Period in response to the circumstances and impose
Debarment against such corporation or individual within the range of the remaining Debarment Period
imposed against such Respondent.
Exceptions to Debarment Period
Article6 (1) If a Respondent falls under two or more sanction criteria for a single case, the shortest
and longest requisite Debarment Periods for such case shall be the longest of each of the shortest andlongest requisite Debarment Periods approved by the Government of Japan or JICA.
(2) If a Respondent falls under any of the following items, the shortest of the requisite Debarment
Periods shall be extended as defined in the following paragraph.
(i) If the Respondent falls under any of the sanction criteria anew during a Debarment Period or
before one year has passed since the expiration of such Debarment Period.
(ii) If the Respondent falls under the criteria of item 1 of Appended Table 2 anew after one year has
passed but before three years have passed since the expiration of Debarment Periods involving such
criteria.
(iii) If the Respondent falls under the criteria of item 2 of Appended Table 2 anew after one year has
passed but before three years have passed since the expiration of Debarment Periods involving such
criteria.
(iv) If the Respondent falls under the criteria of items 3, 4, or 5 of Appended Table 2 anew after one
year has passed but before three years have passed since the expiration of Debarment Periods
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involving such criteria.
(v) If the Respondent falls under any of the criteria of items 1 through 5 of Appended Table 2 anew
before five years have passed since the expiration of any of the Debarment Periods set out in theprevious items (excluding cases set out in the previous items).
(3) The shortest of the requisite Debarment Periods set out in the previous paragraph shall be
extended as defined in the following items.
(i) If the Respondent falls under the criteria of item 3 or 5 of Appended Table 1: 1.5 times(ii) If the Respondent falls under the criteria of item 2 or 5 of Appended Table 2: 2.5 times(iii) If the Respondent falls under sanction criteria other than those set out in the previous items: 2
times(4) If a Respondent is under special circumstances worthy of extenuation, JICS may refrain from
imposing Debarment, or shorten the shortest requisite Debarment Period up to half.
(5) If it is necessary to set a Debarment Period longer than the longest requisite Debarment Period
set out in each of the Appended Tables and paragraphs (1) and (2) of this Article due to reasons of
extremely malicious nature or extremely serious consequences, JICS may double such longest
requisite Debarment Period (or set it to 36 months in the case that such longest requisite section
period would exceed 36 months when doubled).
(6) When it has become apparent that a Debarred Respondent is under special circumstances
warranting extenuation or special circumstances warranting extension of the Debarment Period withrelation to the circumstances under which he/she/it became subject to Debarment, JICS may change
the Debarment Period within the ranges set out in each of the Appended Tables, the previous
paragraphs, and Article 7.
(7) When it has become apparent that a Respondent that has completed a Debarment Period under
the criteria of item 2 or 5 of Appended Table 2 has reasons of extremely malicious nature, JICS may
impose a new Debarment with the initial Debarment Period deducted from the period of theenvisioned change to the initial Debarment Period.
(8) When it has become apparent that a Debarred Respondent is not liable for the circumstances
under which he/she/it became subject to Debarment, JICS shall lift the Debarment against such
Respondent.
Exceptions to Debarment Periods Imposed for Violations of the Antimonopoly Act and Other
Misconduct
Article7 If a Respondent falls under any of the following items due to violations of the Act on
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Prohibition of Private Monopolization and Maintenance of Fair Trade (Law No. 54 of 1947,
hereinafter referred to as “the Antimonopoly Act”), JICS shall extend the shortest requisite
Debarment Period on determination by the Government of Japan or JICA as set out in thecorresponding items.
(2) When it has become apparent in a final and binding judgment of a violation of the
Antimonopoly Act, a final cease-and-desist order or penalty payment order, or a final andbinding judgment (including a final and binding judgment in a foreign country) on interferencewith a public action or tender (Article 96, paragraph (6-1) of the Penal Code (Law No. 45 of
1965), same hereinafter), collusion (Article 96, paragraph (6-2) of the Penal Code, same
hereinafter), or obstruction of business (Articles 233 and 234 of the Penal Code, same
hereinafter) that a Respondent that falls under the criteria of items 3, 4, or 5 of Appended Table
2 is the leader of such violation of the Antimonopoly Act, interference with a public action ortender, collusion, or obstruction of business: 2 times (If such Respondent falls under item 5 ofAppended Table 2: 2.5 times)(ii) If the provisions of Article 7, paragraph (2-7) of the Antimonopoly Act apply to a Respondentthat falls under the criteria of items 3, 4, or 5 of Appended Table 2: 2 times (If such Respondent falls
under item 5 of Appended Table 2: 2.5 times)(iii) In the case when the results of an investigation by the director of a government agency or the
like based on Article 3, paragraph (4) of the Act on Elimination and Prevention of Involvement in
Bid Rigging, etc. and Punishments for Acts by Employees that Harm Fairness of Bidding, etc. (Law
No. 101 of 2002) have made it apparent that involvement in bid-rigging, etc. is occurring or has
occurred, and reasons of malicious nature with regard to the involvement in the bid-rigging, etc.
exist with a Respondent that falls under the criteria of item 3 or 5 of Appended Table 2: Add 1 month(If such Respondent falls under item 5 of Appended Table 2: Add 1.5 months)
EXCEPTIONS TO COUNTRIES AND REGIONS SUBJECT TO DEBARMENTArticle8 In the case where a Respondent falls under item 5 of Appended Table 1 in imposing
Debarment under Articles 2 and 3, JICS may limit the countries and/or regions where the Debarment
will be imposed, by taking into account the degree of inappropriateness of the safety control
measures taken by the Respondent.
(2) In the event that it becomes clear during Debarment Period that there is any special reason whichshould be considered in relation to safety control measures taken by Debarred Respondent against
whom the Debarment limited to certain countries and/or regions under paragraph 1 above has been
imposed, JICS may change the countries and/or regions which are subject to the Debarment inrelation to such Debarred Respondent.

5LIFT OF DEBARMENTArticle9 JICS shall lift Debarment imposed against Debarred Respondent when it is determined thatsuch Debarred Respondent is not responsible for the case in question.
NOTICE OF DEBARMENTArticle10 (1) JICS shall notify the Debarred Respondent in writing without delay when JICS
imposes Debarment under Articles 2 and 3, changes the Debarment Period under Article 6,paragraph (6), changes debarred countries and/or regions under Article 8, paragraph (2), or lifts
Debarment under Article 9.
(2) In the case where JICS notifies Debarment under Article8, paragraph(1), JICS shall request the
Debarred Respondent to submit a report on remedial measures as necessary in the event that thereason for the Debarment was relating to the Debarred Respondent’s business under a contract withJICS.
RESTRICTIONS ON SINGLE TENDERING
Article11 JICS shall not have a Debarred Respondent become a counterparty to a single tendering;
provided, however, that JICS may have a Debarred Respondent become a counterparty to a single
tendering if such single tendering falls under certain provisions of JICS’s procurement guidelines andis approved by JICS in advance.
NO SUBCONTRACTING
Article 12 JICS shall not approve a counterparty of a contract to subcontract or assign the whole or apart of his/her/its contract to Debarred Respondent or to cause Debarred Respondent to guarantee thecompletion of performance of such contract.
OTHER SANCTIONSArticle 13 In case that JICS does not impose a Debarment against a Respondent, JICS may issue awritten or verbal warning or reminder against such Respondent as it deems necessary.
(2) If a Respondent repeatedly falls into situations in which such Respondent receives a warning or
reminder as prescribed in paragraph (1) above before the lapse of 1 year after the day when the
Respondent received the first sanction under paragraph (1) above, JICS may impose Debarment tosuch Respondent for a period no more than the period prescribed in the items in the Appended Table.

6Table 1 of Sanction Criteria on Accidents etc.
Sanction Criteria

Period(False Statements)
2. When it is deemed that a Respondent has made false statements in the Not less than 1 monthseries of procurement-related documents and the like for a procurement and not more than 6
contract for an ODA project or an OSA project of the Government of months
Japan.
Not less than 1 month and(Negligent Operations)2. When it is deemed that a Respondent’s negligence has resulted in defective not more than 6 months
work in the course of operations for a procurement contract for an ODA
project or an OSA project of the Government of Japan (except when thedefects are deemed to be minor).
Not less than 2 weeks and(Breach of Contract)
not more than 4 months
3. Apart from the cases described in the previous items, when a Respondent
has violated a procurement contract for an ODA project or an OSA projectof the Government of Japan in the course of operations under the contract,and is deemed improper to be a party to the contract.
Not less than 1 month(Accidents that Damage the Public)
and not more than 6
4. When it is deemed that a Respondent has caused the death of or injury to a months
member or members of the public, or damage (excluding minor damage)in the course of operations under a procurement contract for an ODA
project or an OSA project of the Government of Japan due to theinappropriateness of safety control measures.
Not less than 2 weeks
and not more than 4(Accidents with People Involved in Operations)months5. When it is deemed that a Respondent has caused the death of or injury to aperson or people involved in contract operations in the course of operations
under a procurement contract for an ODA project or an OSA project of theGovernment of Japan due to the inappropriateness of safety control
measures.

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Table 2 of Sanction Criteria on Bribery and illegal act etc.
Sanction Criteria

Period(Bribery)
1. When, in relation to operations for an ODA project or an OSA project of Not less than 2 months
the Government of Japan, a director or employee of a corporation, or an and not more than 18
individual or their employee violates or is suspected of violating Article months
198 (Bribery) of the Penal Code.
2. When, in relation to operations for an ODA project or an OSA project of Not less than 6 months
the Government of Japan, a director or employee of a corporation, or an
and not more than 36
individual or their employee violates or is suspected of violating Article 18 months(Prohibition of the Offering of Illegal Profits to Foreign Public Officials) of
the Unfair Competition Prevention Act (Law No. 47 of 1993).
(Violations of the Antimonopoly Act)
3. When a Respondent has violated Article 3, Article 6, or Article 8, Not less than 3 months
paragraphs (1) or (2) of the Antimonopoly Act in relation to a procurement and not more than 12
contract for an ODA project or an OSA project of the Government of Japan, months
and is deemed improper to be a party to the contract.
(Interference with a Public Action or Tender, Collusion, or Obstruction)
4. When an entity described in a. or b. below has violated or is suspected ofviolating Article 96, paragraph (6-1) (Interference with a Public Action or
Tender), paragraph (6-2) (Collusion), or Articles 223 or 234 (Obstruction)of the Penal Code in relation to a procurement contract for an ODA projector an OSA project of the Government of Japan.
a. An individual, or a director with the right to represent a corporation Not less than 4 months(including directors with positions that are acknowledged as having the right and not more than 12
monthsof representation)
b. A director (including executive directors), or person or employee that Not less than 3 months and not
represents the branch office or business office, and is not described in a. above more than 12 months(Serious Violations of the Antimonopoly Act)Not less than 6 months and not
5. When a Respondent has received criminal punishment for a violation of more than 36 months
Article 3, Article 6, or Article 8, paragraphs (1) or (2) of the Antimonopoly
Act in relation to a procurement contract for an ODA project or an OSA
project of the Government of Japan(Illegal or Dishonest Acts)
6. Apart from the cases described in Appended Table 1 and the previous Not less than 1 month
items, when a Respondent has committed illegal or dishonest acts in and not more than 18
relation to operations, and is deemed unfit to be a party to the contract.
months
7. Apart from the cases described in Appended Table 1 and the previous Not less than 1 month
items, when a representative director or the like has been indicted on and not more than 9
suspicion of a crime subject to a penalty at least as severe as incarceration, months
or has been sentenced to a penalty at least as severe as incarceration or afine under the Penal Code, and is deemed improper to be a party to thecontract.
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Table 3 of Sanction Criteria on other cases
Sanction Criteria
In relation to operations for a project of an international agency, in thecase when a Respondent has made false statements on tender-related
documents to be submitted to the government of the recipient country, theinternational agency acting as the client for the project, or Japan
International Cooperation System; engaged in negligent operations;caused defects; or violated contracts or committed other dishonest or
illegal acts.

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PeriodNot less than 2 weeks
and not more than 12
months