By FUKUDA Kenji and OHASHI Tamaki

Produced by Mekong Watch & Friends of the Earth Japan

DIC556+DIC105

Protect Yourself from Destructive Development

Handbook
on JBIC's
New Environmental
and Social Guidelines

Handbook
on JBIC's
New Environmental
and Social Guidelines

Handbookon JBIC's
New Environmental
and Social Guidelines

By FUKUDA Kenji and OHASHI Tamaki

Produced by
Mekong Watch & Friends of the Earth JapanC O N T E N T S

Protect Yourself from Destructive Development

Acknowledgements

INTRODUCTION

What is this guide for? ----------------------------------------------------------------------------------------------------------------------- 5
How to Use this Booklet--------------------------------------------------------------------------------------------------------------------- 7
Applicability of the new Guidelines ------------------------------------------------------------------------------------------ 9Paragraph Numbering -------------------------------------------------------------------------------------------------------------------10
Abbreviation List ---------------------------------------------------------------------------------------------------------------------------10

CHAPTER 1 What is JBIC?

1.1 Introduction ------------------------------------------------------------------------------------------------11
1.2 Types of JBIC Funding --------------------------------------------------------------------------13
1.3 Characteristics of JBIC Operations -------------------------------------------------14

CHAPTER 2 The Process of JBIC Financing

2.1 Introduction --------------------------------------------------------------------------------------------------19
2.2 Main Actors: Project Owner and Borrower-------------------------------19
2.3 Six Stages of JBIC Financing -------------------------------------------------------------20

CHAPTER 3 How to Get Information
3.1
3.2
3.3
3.4

Introduction --------------------------------------------------------------------------------------------------35
Local Sources of Information --------------------------------------------------------------36
Yen Loan Long Lists ----------------------------------------------------------------------------------37
Getting Information from JBIC------------------------------------------------------------38

CHAPTER 4 What must JBIC make surethat borrowers have done?

4.1 Introduction --------------------------------------------------------------------------------------------------45
4.2 What is written in Part 2 of the Guidelines? -----------------------------46

CHAPTER 5 How to Voice Your Concerns
5.1
5.2
5.3
5.4
5.5
5.6
5.7

Introduction --------------------------------------------------------------------------------------------------53
Get the Necessary Information --------------------------------------------------------54
Contact JBIC ----------------------------------------------------------------------------------------------54
Identify and Document the Problems ---------------------------------------------57
Contact Project Owners -----------------------------------------------------------------------58
Use Political Pressure ------------------------------------------------------------------------------58
Working Together with Japanese NGOs -----------------------------------60

6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9

Introduction --------------------------------------------------------------------------------------------------61
What are the Objection Procedures? -------------------------------------------61
What can you expect from ﬁling a request? ----------------------------62
Who can ﬁle a request for investigation? ----------------------------------64
What projects are subject to the Objection Procedures? --64
When can requests for investigation be ﬁled? ------------------------65
Who looks at the requests for investigations? --------------------------67
Where to send a request for investigation ---------------------------------67
What information should be included
in a request for investigation? -----------------------------------------------------------68
6.10 How do the Objection Procedures work?----------------------------------72
6.11 Information Disclosure under the Objection Procedures -----75

CHAPTER 7 Beyond JBIC's Guidelines

7.1 It is only one tool --------------------------------------------------------------------------------------77
7.2 Use other guidelines and standards to help you --------------------78
7.3 If you are concerned about an old project, don't automaticallystop yourself from using the Objection Procedures ----------------79

APPENDIX

Appendix A
Appendix B
Appendix C
Appendix D
Appendix E

Contact Information for JBIC --------------------------------------------------------------81
Contact Information for the Japanese Government----------------84
Contact Information for Japanese NGOs ---------------------------------85
JBIC Environmental Guidelines----------------------------------------------------------87
JBIC Objection Procedures --------------------------------------------------------------108

CHARTS and COLUMNS

Which Guidelines Apply? ---------------------------------------------------------------------------------------------------------------- 9Comparison of JBIC and the World Bank ----------------------------------------------------------------------------12
Types of JBIC Operations -------------------------------------------------------------------------------------------------------------13
Examples of Negative Impacts caused by JBIC Projects ----------------------------------------------16
Assistance for Project Preparation----------------------------------------------------------------------------------------------22
Flowchart of JBIC Financing ---------------------------------------------------------------------------------------------------------24
JBIC's Project Categories --------------------------------------------------------------------------------------------------------------26
Some Requirements Included in Part 2 of JBIC's Environmental Guidelines -------47
Public Consultation in JBIC Projects ------------------------------------------------------------------------------------------49
When Requests for Investigation can be Filed -------------------------------------------------------------------65
Flowchart of the Objection Procedures ----------------------------------------------------------------------------------72

Protect Yourself from Destructive Development

CHAPTER 6 Objection Procedures

Acknowledgements
It is with heartfelt gratitude to all the people in developing
countries who have constantly inspired us with their strengthand courage in struggling against destructive JBIC projects that
we have produced this guidebook. Special remembrances go
to Mesani Kasan, who recently passed away from cancer likely
resulting from impacts of the Lam Ta Khong Dam project. We
hope that this booklet can become one tool in the movement toprevent such future tragedies.
We would also like to express our sincere appreciation to ourcolleagues whose patient feedback improved the initial draftof this booklet and enabled us to complete this final version.
Hozue Hatae's contribution of the San Roque Dam case helps
to illustrate the social impacts of large dams. Comments from
Aviva Imhof, Zakir Kibria, Ikuko Matsumoto, Riei Nagase, Satoru
Matsumoto, and Michael Simon were very helpful to finetune the content and ensure that the included information was
sufﬁcient. Yuki Akimoto and Kevin Li helped us to upgrade ourreader-friendliness, and with feedback from Pianporn Deetes,
we are happy to know that this guide will be useful for ourcounterparts in the Mekong Region. We would also like to thankthe Charles Stewart Mott Foundation and the Rockefeller Brothers
Fund for their support to print and distribute this booklet.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Introduction❑What is this guide for?
In developing countries today, there are many dams, power plants, irrigation
systems, roads, pipelines, and other large infrastructure projects being built.
Unfortunately, these projects sometimes cause problems for people who live
near them, or they destroy the environment. Sometimes people lose their homes
and land and must move to other places. Sometimes people lose their traditional
ways of life when their environments are destroyed. Sometimes the projects
damage people's health.
Some of these projects are financed by the Japanese government, and more
specifically, the Japan Bank for International Cooperation ( JBIC). JBIC is
the bank that the Japanese government uses to give loans to governments indeveloping countries. JBIC also helps Japanese companies that are involved indevelopment projects.
The purpose of this guide is to give you information about two tools you may
want to use if you are worried about projects ﬁnanced by JBIC, or projects that
may be ﬁnanced by JBIC in the future. One tool is a new set of environmental
and social guidelines for JBIC. The other is the Objection Procedures alsoestablished by JBIC. These two tools contain rules that JBIC must follow andprocedures that you can use to get information about projects and tell JBIC
what you think. This guide also contains basic information about JBIC and how
it makes decisions about the environment and people's livelihoods.
JBIC's new guidelines are called, “JBIC Guidelines for Confirmation ofEnvironmental and Social Considerations.” In this booklet, we will call them,“the Guidelines.” The Guidelines focus on what must be done to make surethe environment is not destroyed and to make sure that people have chances
to tell JBIC what they think about the projects. According to the Guidelines,
JBIC must listen to the opinions of people who will be aﬀected by the projects.
Because these Guidelines are new, only new projects (projects for which funds
are requested on or after 1 October 2003) must follow the Guidelines.
JBIC also established Objection Procedures for the new Guidelines. This meansthat if people aﬀected by a JBIC project think JBIC did not follow its own rules
as they are written in the Guidelines, then they can complain to JBIC using the❖5❖Introduction❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Objection Procedures. If a complaint is sent through the Objection Procedures,a neutral Examiner will review and investigate the complaint. We will also
explain this procedure in this booklet.
Unfortunately, just because JBIC made new Guidelines does not mean thatits projects will stop causing environmental and social damage. We believe
the problems will continue unless people affected by projects, NGOs, andothers strictly monitor how JBIC uses the Guidelines. This is why we think
it is important for people to understand the Guidelines and the Objection
Procedures. You may want to use them as tools to demand that JBIC respects
your rights. The Guidelines and Objection Procedures are diﬃcult, so we hopethat this book will make them easier for people to understand. We also hopethat this book will help give you some ideas for things you can do about JBIC
projects that are causing environmental or social problems.

❖6❖❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Introduction❑ How to Use this Booklet
This booklet is most useful as a reference tool. It is probably best to read thewhole thing once through, because that will give you an overview of what JBIC
is, the kinds of projects it does, and the environmental and social requirements
those projects must meet. After that, it may be useful to return to certain
chapters depending on what information you need.
Below is a description of each chapter. Please read the chapters that are most
relevant to your needs. Please feel free to contact us at Mekong Watch if you
have any questions.
Chapter 1

What is JBIC?

Page 11This chapter contains basic information regarding JBIC, thekind of work it does, and some common problems caused by the
projects it ﬁnances.
Chapter 2

The Process of JBIC Financing

Page 19

This chapter explains the diﬀerent stages of JBIC projects fromplanning to implementation and monitoring. It also explains
things you can do at each stage to input into JBIC's decisionmaking.
Chapter 3

How to get Information

Page 35

This chapter explains different ways to get information from
JBIC. It explains what kind of information JBIC must give
under the Guidelines and Japan's Information Disclosure Law. It
also explains who you can ask for information and how you cancontact them.

❖7❖

Introduction❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Chapter 4

What must JBIC make sure that Borrowers have Done? Page 45
This is a short chapter explaining what JBIC must do to makesure that project owners and borrowers meet the requirements in
the Guidelines. This includes requirements that project owners
and borrowers must fulfill to protect the environment and therights of local people.

Chapter 5

How to Voice your Concerns

Page 53

This chapter gives tips for raising concerns with JBIC. Anyone
who has concerns about a JBIC project or who wants to do a
campaign against a JBIC project should read this chapter.
Chapter 6

Objection Procedures

Page 61

The Objection Procedures are a set of steps to file a formal
complaint against a project that JBIC is involved in. This chapter
explains how to ﬁle the complaint.
Chapter 7

Beyond JBIC's Guidelines

Page 77

This chapter explains briefly the importance of combining avariety of ways to raise concerns about JBIC projects. The
Guidelines and Objection Procedures are just one set of tools.

❖8❖❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Introduction

Applicability of the new Guidelines
Before reading this booklet, it is important to understand that it is most usefulfor new projects. JBIC's new Environmental and Social Guidelines came into
eﬀect on 1 October 2003. This means that projects for which ﬁnances had beenrequested before 1 October 2003 are not required to follow these Guidelines.
There are older guidelines that do apply to projects before October 1st, but they
are much weaker than the new Guidelines. Chapter 7 describes how the new
Guidelines can be used for old projects.
Generally, the Guidelines apply to projects for which ﬁnances are requested on
or after 1 October 2003. But because the Guidelines were actually ﬁnished andadopted by JBIC earlier than October, there are parts of the Guidelines that
also apply to projects for which finances were requested between 1 October
2002 and 30 September 2003.
The most certain way to know if a project must follow the new Guidelines is byasking JBIC (See Chapter 3, “Finding out if JBIC is involved,” page 38). You canalso check JBIC's website. On JBIC's website, there is a Project Categorization
List (but only in Japanese) which gives dates for when the information was puton the website. The date for each project is near the date that JBIC received therequest for a loan for that project. If the date is after 1 October 2003, then it islikely that the new Guidelines apply (but it is wise to ask JBIC to make sure). If
the date is between 1 October 2002 and 30 September 2003, then only parts of
the new Guidelines apply, and the old guidelines also apply. If the date is before
1 October 2002, then only the old guidelines apply. You can ﬁnd the link to see
the old guidelines on JBIC's website at <http://www.jbic.go.jp/english/environ/guide/ﬁnance/index.php>
Which Guidelines Apply?
Date of Request for Financing

Applicable Guidelines

Before 1 October 2002

Old Guidelines

Between 1 October 2002--30 September 2003

Old Guidelines and part of New Guidelines

After 1 October 2003

New Guidelines❖9❖

Introduction❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Paragraph Numbering
Beginning in Chapter 2, you will notice that there are numbers in a column on
the left side of the page. The same numbers are also on the left side of the pages
in Appendix D and E, which are JBIC's Guidelines and Objection Procedures.
When you see the numbers in Chapters 2-7, you can go to the same numbers inAppendix D and E to see how the things we explain in this booklet are written
in the Guidelines and Objection Procedures (in the original Guidelines andObjection Procedures, there are no paragraph numbers).
There are 3 kinds of numbers. Examples of these numbers are 4-1-3; P1-6-1;
and O2-2.
88

Numbers without any letters in front are from Part I of the Guidelines

88(Appendix D, page 87).
Numbers with a “P” in front are from Part 2 of the Guidelines(Appendix D, page 99).

88

Numbers with an “O” in front are from the Objection Procedures(Appendix E, page 108).

88

Finally, if you see “FAQ,” that means the information is explained in JBIC'S“Frequently Asked Questions” section of its website. Because there are some things
that are not clear in the Guidelines, JBIC decided to include more information in
an FAQ section of its website. The List of FAQs can be found at<http://www.jbic.go.jp/english/base/faq/>

Abbreviation List
EIA
FAQ
IFO
JBIC
JEXIM
JICA
L/A
OECF
OECO
ODA

❖ 10 ❖

Environmental Impact Assessment
Frequently Asked Questions
International Financial Operations
Japan Bank for International Cooperation
Japan Export-Import BankJapan International Cooperation Agency
Loan Agreement
Overseas Economic Cooperation Fund
Overseas Economic Cooperation Operations
Oﬃcial Development AssistanceChapter

What is JBIC?

1.1 Introduction
The Japan Bank for International Cooperation, or “JBIC” for short, is thesecond largest development bank in the world. It was established in 1999 when
two large Japanese ﬁnancial institutions merged. These two institutions were theJapan Export-Import Bank ( JEXIM) and the Overseas Economic Cooperation
Fund (OECF).
OECF was mainly responsible for providing Yen Loans from the Japanese
government to governments in developing countries. Yen Loans are one typeof Official Development Assistance (ODA). There are other types of ODA
including grant aid, technical assistance and contributions to multilateral
institutions, but these types of ODA were given by agencies other than OECF.
Implementation of Yen Loans was OECF's responsibility. The Japanese
Government says that the purpose of ODA is to promote the economic
development and welfare of developing countries. JEXIM did other kinds ofInternational Financial Operations (IFOs) that were not ODA loans, such asexport loans, import loans, investment loans, and untied loans. These loans weresometimes made to governments and sometimes to private companies. The
purpose of IFOs is to support Japanese companies' exports and investments.
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1

Chapter 1 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Because JBIC was established by putting these two institutions together, it
now is responsible for both Yen Loans as well as the International Financial
Operations that JEXIM used to do. JBIC therefore lends to governments ofdeveloping countries and also to Japanese and foreign companies.
Comparison of JBIC and the World Bank

billion US dollars

Outstanding Loans

JBIC
192.3

World Bank
223.1

Annual Lending

17.7

18.5

Number of countries receiving loans

40

91

Number of Staff

883

8800

Source: The World Bank, The World Bank Annual Report 2003, Japan Bank for International Cooperation, Annual Report 2003.

❖ 12 ❖

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What is JBIC?

1.2 Types of JBIC Operations
As explained above, JBIC has two main functions. One is to lend moneyfor development projects to governments in developing countries. The otherfunction is to support Japanese corporations.
In order to carry out these two functions, JBIC has various operations thatcan be divided into two main categories. These categories are (1) Overseas
Economic Cooperation Operations, and (2) International Financial Operations.
Here is a brief explanation of these categories. For a more detailed explanation,please see JBIC's website at <http://www.jbic.go.jp/english/base/about/proﬁle/index.php>
Types of JBIC Operations❖ 13 ❖

Chapter 1 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

1. Overseas Economic Cooperation Operations (OECO)
The majority of Overseas Economic Cooperation Operations are Yen Loans,and this is one type of Japanese ODA. JBIC gives low-interest and longterm loans to both local and central governments in developing countries.
Traditionally, Yen Loans have been given mostly for large infrastructure projects,
such as dams, roads, and ports. This is still true today, but some Yen Loans
are now being given for social development and projects for environmental
protection too.
2. International Financial Operations (IFO)
There are many kinds of ﬁnancing in this category, such as export loans, importloans, investment loans and untied loans. These loans are not ODA loans. Their
purpose is more to support Japanese corporations than to promote developmentin other countries. Export loans are specifically to help Japanese companies
export things such as power plants, oil and gas plants. Import loans are given to
Japanese importers and foreign exporters so they can send natural resources andmanufactured goods to Japan. Investment loans support Japanese companies toinvest directly in other countries. There are other types of loans in this category,including untied loans and guarantees, but at this point, it is not necessary toknow the details of each type.

1.3 Characteristics of JBIC Operations
As you can see, there are many diﬀerent kinds of JBIC operations. But there aresome important common characteristics too.
Large projects with large impacts
JBIC tends to ﬁnance projects that are large in scale. This is true for both Yen
Loan and IFO projects. Some of these projects are infrastructure development
projects, such as dams, irrigation systems, and power plants. Others focus on
extractive industries, such as oil, gas and mining. These kinds of projects all havelarge impacts on the environment and on the livelihoods of the people who live
near the projects.

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What is JBIC?

Most ﬁnancing to Asia
JBIC finances projects all around the world. Most of the projects JBIC
ﬁnances, however, are in Asia. Of all Yen Loans, approximately 80% are given
to countries in Asia. About 7% of Yen Loans are to countries in Africa, 6.5% toLatin and South America, 4.3% to the Middle East and 0.8% elsewhere.
JBIC mainly provides loans
JBIC has a few operations that provide grants (funds that the recipient does nothave to pay back), but most are loans. JBIC loans have lower interest rates thancommercial banks, but governments and companies that borrow from JBIC
must still pay back the loans with interest.
Environmental and Social Impacts of JBIC Projects
JBIC has focused its financing on large-scale inf rastructure projects, asmentioned above. These projects have caused a lot of damage to environments
in many parts of the world. For example, some of the projects ﬁnanced by JBIC
have caused air or water pollution, damaged ecosystems, and led to the loss of
biodiversity.
People have also suffered very much because of projects financed by JBIC.
Sometimes people are forced to move f rom their homes and resettle inunfamiliar places. People rarely get enough compensation for lost land andlivelihood. Destruction of ecosystems can also make living a traditional lifestyle
impossible. Projects can also divide communities or destroy cultures, and thiscan have especially harsh impacts on women, children, the elderly, ethnic
minorities and indigenous peoples.
People suffer not only because of the impacts of projects, but also because
projects are poorly planned or not implemented well. Governments andcompanies have made most decisions, leaving out the local people fromdecision-making, even though it is the local people who are most seriously
affected. There have not been formal mechanisms for people to voice theiropinions or raise concerns about problems they face because of development
projects. This means that they continue to suffer, and their problems remain
unsolved.
❖ 15 ❖

Chapter 1 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Examples of Negative Impacts caused by JBIC Projects
Samut Prakarn Wastewater Management Project (Thailand)
The Samut Prakarn Wastewater Management Project is located near
the mouth of the Chaopraya River in central Thailand. It is one of
the most controversial projects in Thailand, and was funded by JBIC
and the Asian Development Bank. The Samut Prakarn project is awastewater management plant to treat wastewater from an industrial
area 20 kilometers away from the project itself. It is expected tocause severe damage to the sea, where local people are doingmussel farming and other types of ﬁshing. The project site was chosen
allegedly because of corrupt land sales. After years of local protests
and international campaigns, the Thai Government decided to stop theconstruction of the project in February 2003. Though construction of the
project has stopped for now, the future of the project is still uncertain.

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What is JBIC?

San Roque Multipurpose Dam Project (Philippines)
More than 4,400 people have already been displaced because of the
San Roque Multipurpose Dam. Also because of the dam, thousandsof people who used to make a living from gold panning cannot doso any more. They have demanded compensation and alternative
ways to make a living, but their problems still have not been solved.
In the future, thousands of indigenous Ibaloi people that live upstreamof the dam also expect to suffer. Their homes, rice terraces, orchards,
pasturelands, gardens and burial grounds will eventually be buried or
ﬂooded because sediments will continue to pile up behind the dam.
People affected by this dam have strongly opposed it since 1995, but
it was built anyway. It started commercial operation in May 2003.

❖ 17 ❖

Chapter 1 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❖ 18 ❖

Chapter

The Process of
JBIC Financing

2.1 Introduction
In order to stop or change a JBIC-funded project, it is important tounderstand the diﬀerent stages of the project from the beginningto the end, i.e. throughout the project cycle. It is important tounderstand not only what happens during the project cycle, butalso who is responsible for each stage. Depending on which stage
the project is at, there may be diﬀerent opportunities or diﬃculties
in voicing concerns to JBIC. Generally speaking, it is easier toinfluence JBIC's decisions about projects at early stages. After
construction begins, for example, it is very difficult to reformproject plans, and even more diﬃcult to stop them, even if they arevery destructive.

2.2 Main Actors: Project Owner
and Borrower
Before explaining the different stages of JBIC projects, it isnecessary to know who the main actors are. There are many
❖ 19 ❖

2

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

different groups involved in the projects that JBIC finances, andthis Guide will continue to mention them. The main decisionmakers are the project owners and borrowers, in addition to JBIC,
the donor.
Project Owners
Project owners are the ones who implement and operate theprojects. In the case of a Yen Loan, the project owner is agovernment agency. In the case of an IFO project, the project
owner could be a government agency or a company.
Borrowers
Borrowers are the ones who sign the contracts to borrow money
directly from JBIC. In the case of a Yen Loan, the borrower isusually the project owner (the government agency). In the case of
an IFO project, the borrower could be the project owner, or it could
be a company that is involved in the project, working under the
project owner as an exporter.

2.3 Six Stages of JBIC Financing
Stage 1 Project Preparation
What happens in Stage 1?
Preparation by Project Owner
This is the first stage of the project cycle, when many important
things must be done about environmental and social aspects of
P1-2-3 projects. For example, environmental impact assessments (EIAs)
and social impact assessments (SIAs) must be done during project
preparation. Both assessments describe how much damage a projectis expected to have. They also include mitigation and monitoring
P1-7-2 measures to prevent such damage. Some projects require
resettlement plans, which are plans to move local people from their❖ 20 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

homes to another place and the compensation that people shouldget. All such plans must be made at this stage.
3-1-1
P1-2-3P1-6-1P2-2-4P1-7-3The project owner is responsible for project preparation. The project
owner must make sure that the EIA and SIA are done. They mustalso make sure that local people who may be aﬀected by the project
are given information about the project and have chances to express
what they think about it. The project owner does not actually do the
EIA and SIA, but hires consultants to do them. Consultants often
have vested interests in making the project happen, so they do notalways give a fair report of the problems with a project. This is why
people cannot expect a fair assessment of environmental and social
impacts unless they also watch the work of these companies andgive a lot of information about environmental and social problems
to the companies and to JBIC.
What can you do in Stage 1
Warn JBIC about problems

3-1-1
3-1-2

JBIC is usually not involved in projects at this stage (unless they are
giving Technical Assistance. See "Assistance for Project Preparation"(page 22)). If there are signs that JBIC or Japanese companies
might be involved in a project in the future, however, it could bea good idea to send information about your concerns to JBIC at
this stage, and ask whether or not JBIC plans to get involved. You
can do this by contacting JBIC's headquarters in Tokyo or a local
representative oﬃce (see Appendix A). It will be a warning to JBIC,
so that they know there are problems with the project at the earliest
stage. You can try to ﬁnd out if the project owner is thinking about
asking JBIC for a loan. If there are Japanese companies investingor exporting goods for the project, then that is also a sign that
JBIC could become involved. If concerns are raised at the project
preparation stage to JBIC, JBIC will probably say something like,“we have not received any loan requests, so please contact the
project owner about your concerns.” But with your warning, JBIC
must look at the environmental and social impacts more carefully
when they consider financing the project. It is also important❖ 21 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

because JBIC could be contacted informally by project owners andgiven one-sided information from them.
Get Information and Document your Efforts
P2-2-4At this stage, you should also know that if there is an EIA or
SIA for the project, and the owner plans to ask JBIC for funding,the project owner is responsible to make sure you have enoughinformation about the project to decide whether you like it or not.
You should get information not only about the benefits of the
project, but the damage it will cause as well. You should also have achance to tell the project owner or the consultants doing the EIA
and SIA what you think about the project. Whether the project isﬁnally funded by JBIC or not, it will be useful for you to document
your concerns and how you communicate to the project owner fromthis early stage (See column on Public Consultation on page 49).

Assistance for Project Preparation
JBIC's involvement in projects usually begins after the
preparation stage. The Japanese government does
have a few programs, however, to help developing
countries prepare development projects. If the Japanese
government gives money to help a developing country
plan a project, then concerns about these projects canbe raised at the preparation stage.
One way the Japanese government can give money
for a project during the project preparation stage isthrough JBIC. JBIC gives assistance called Special
Assistance for Project Formation (SAPROF). SAPROF isused when JBIC is not satisﬁed with existing studies fora project and wants more studies to be done before
deciding to give Yen Loans. Generally, when JBIC uses
SAPROF to assist a project, it is highly likely that JBIC

❖ 22 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

will give Yen Loans for the project after the SAPROF
study is ﬁnished.
Another way the Japanese government can be
involved at the project preparation stage is through adifferent government agency, the Japan International
Cooperation Agency (JICA). JICA implements technicalassistance of Japanese ODA. JICA sends Japanese
consultants to do development studies in other countries.
These studies could be Master Plan Studies, Feasibility
Studies, or Detailed Design Studies. After these studies,some of these projects are ﬁnanced by JBIC, but someare ﬁnanced by other donors. Sometimes developing
countries finance the projects by themselves, andsometimes projects are just abandoned. The reports ofthese studies can be found in JICA's library in Tokyo.
This library can be searched at <http://lvzopac.jica.
go.jp/library/indexeng.html>.
JICA established its own set of social and environmental
guidelines which went into effect in April 2004. If
studies for projects you are concerned about are
funded by JICA, it is worth reading its new guidelines,
which can be downloaded in English, French, Spanish,
and Japanese, on JICA's website at <http://www.jica.
go.jp/english/environment/index.html>.

Stage 2 Request for a Loan
What happens in Stage 2 ?
Ofﬁcial Request to JBIC
The borrower makes an oﬃcial request to JBIC for a loan at thisstage, after project preparation is done. As soon as JBIC receives❖ 23 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

a request for a loan, JBIC is oﬃcially involved in the project. This
stage is very short.
What can you do in Stage 2 ?
Contact JBIC early!
Because this stage is so short, all you can really do is contact JBIC
immediately. If you have concerns about a development project,and your government requested a loan from JBIC for the project,then you should start contacting JBIC about it as soon as possible.
Do not wait until after JBIC decides to give a loan. See Stage 3 formore details.
Flowchart of JBIC Financing

Stage 1
Project
Preparation

Stage 2
Request for Loan

Stage 3
Screening

Stage 4
Environmental
Review

Stage 6
Implementationand Monitoring❖ 24 ❖

Stage 5JBIC's Decision

Stage 5Government's
Decision

Stage 5Loan
Agreement(L/A)

Stage 5
Exchange ofNotes(E/N)

Stage 6
Environmental
Monitoring (JBIC)

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

Stage 3 Screening and Environmental
Categorization
What happens in Stage 3 ?
Screening
4-1-1
4-1-3

When JBIC receives a request for a loan, one of the ﬁrst things it
does is screen the project and put it into an environmental category.
This means that JBIC looks at the kinds of environmental andsocial impacts the project is expected to have. Based on this, JBIC
will put the project request into one of four categories: Category
A, Category B, Category C, or Category FI. The Guidelines givedeﬁnitions of each category. To explain simply:

projects are expected to have serious environmental
a n d s o c i a l i m p ac t s . T h e y a re m o s t l y l a r ge
inf rastructure projects. Their expected impacts
could include relocation of many people, changes inthe existing landscape, the use of environmentally
harmful substances, and cutting of large areasof forest. Category A projects generally must be
reviewed most carefully of all the categories (seeStage 4).
CategoryBprojects
are expected to have some environmental
4-2-2
and social impacts, but less serious than Category A.
4-2-3 Category C projects are not expected to have negativeenvironmental or social impacts.
4-2-4 Category FI means JBIC gives assistance to an intermediary, suchas a government-owned bank. The intermediary
decides speciﬁcally what kinds of projects to do after
JBIC agrees to give funding. If a project has alreadybeen identiﬁed when JBIC does its categorization,
however, the project will be categorized as A, B, or C.
4-2-1

Category A❖ 25 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC's Project Categories
Category A
Projects likely to havesigniﬁcant adverse impacts
on the environment (eg:dams and mining projects)

Deﬁnition

Environmental
Review

Category B

EIA not required

Environmental
ImpactAssessment

EIAs are available from JBIC If an EIA is done, it isand project owner; Must be available from JBIC
available in ofﬁcial language

PublicConsultations

Public consultations required Public consultations not
required
Records of consultations areavailable from JBIC

Monitoring

Category FI
Projects funded by JBIC
through a Financial
Intermediary and theseprojects are expected to have
impacts on the environment

JBIC examines the potential Similar to Category A projects No environmental review will JBIC checks if appropriate
negative environmental
but narrower in scope
be conductedenvironmental considerations
impacts, and evaluates
for sub-projects were taken
mitigation and compensation
measures
EIA must be done

Environmental
Review Result

Category C

Projects likely to have some Projects likely to haveadverse environmental
minimal or no adverse
impacts, but less adverse
environmental impacts
than Category A projects

EIA not required

EIA not required

Public consultations not
required

Public consultations not
required

Results disclosed after Loan Results disclosed after Loan No review is done, so no
Agreement
Agreement
report is available

Results disclosed after Loan
Agreement

JBIC must conﬁrm the result JBIC must conﬁrm the result Monitoring not requiredof monitoringof monitoring

Monitoring not required

Projects are listed on JBIC's Website
5-2-1❖ 26 ❖

After projects are put into Category A, B, C, or FI, they are listed
on JBIC's website. The information contained in this list includes
the project's name, location, description, the type of project it is,the category it was put in, and the reason for the choice of category.
After JBIC puts the projects into categories, JBIC must also makethe Environmental Impact Assessments (EIA) available to the
public (see Chapter 3 for more details).

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

FAQ-57
FAQ-58The Process of JBIC Financing

If a project is a Yen Loan project in Category A, it must be put on
the Project Categorization List on JBIC’s website at least 120 days
before the loan agreement (L/A) is signed. If it is an IFO project,then it must be put on this list at least 45 days before the L/A issigned. For more information about L/As, see Stage 5, page 30.
What can you do in Stage 3?
Check JBIC’s Categorization List!

If you are worried about a JBIC project, it is a good idea to checkthis list to make sure that JBIC put it in the right category. If
you think that JBIC chose the wrong category for a project, you
can send information to JBIC and explain why you think so.
4-1-2 JBIC puts projects into categories based on the information the
4-1-4 borrowers provide. But the Guidelines say that if JBIC receives new
information that shows that the project should be in a different
category, JBIC can change the category. See Chapter 3 (page 41)
for information about the Project Categorization List.

4-3-2
P2
4-3-3
4-3-4

The category JBIC chooses is important because JBIC must checkthe social and environmental impacts of Category A projects much
more strictly than Category B or C. If a project is put in CategoryA, for example, then an EIA must be done and disclosed. EIAs
explain how much damage a project is expected to have on theenvironment, and are therefore very important. If a project is put
in Category B, the borrower must give some information about
environmental impacts, but a full EIA is not required. For Category
C projects, there is no EIA and no other information is required
about environmental impacts.

❖ 27 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Stage 4 Environmental Review
What happens in Stage 4 ?
Environmental Review
4-3-1
1-4
3-2-3

4-3-2

4-3-3

4-3-4
4-3-5

After JBIC puts projects into categories, it does environmental
reviews. This means JBIC checks whether the project owner has
met the requirements in the Guidelines in regard to environmental
and social factors. JBIC looks at the kinds of environmental andsocial impacts the projects are expected to have and the plans todeal with these impacts. The plans could include ways to prevent
problems, ways to make them less serious, or compensation fordamages people will suffer because of the projects. If a projectis in Category A, JBIC will do an environmental review basedon the EIA report and other environment-related documents,
including resettlement plans. If it is Category B, JBIC will dothe environmental review based on the information about theenvironment that the borrower or other people give, but no EIA isrequired. If it is Category C, then there is no environmental review
at all. For Category FI projects, JBIC will contact the intermediaryto make sure the Guidelines are being respected.

If JBIC ﬁnds that the project owner has not met the requirements
6-1 in the Guidelines and that the project is likely to have negative
impacts, JBIC will encourage the project owner to address these
problems. If the project owner does not do what is necessary tomeet the requirements in the Guidelines, JBIC can decide not tofund the project.

3-5-1

What can you do in Stage 4?
Tell JBIC what you think!
This is an important time to change or cancel projects.
The Environmental Review stage is very important. It is the laststage before JBIC makes a decision on whether or not to ﬁnancea project. Because JBIC has not made any promises to the project❖ 28 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

owner at this stage, changes can be made more easily than after
JBIC promises ﬁnancing. Sometimes projects can even be cancelled.
So this is a critical time to pressure JBIC to address your concerns
about a project.
The Guidelines say that JBIC welcomes views f rom projectstakeholders, including affected people and local NGOs. If you
5-1-1 are worried about the kinds of impacts a project will have on you,then it is good to tell JBIC about your concerns. If JBIC does notaddress your concerns, and you expect serious damage, it might bea good idea to ﬁle an oﬃcial complaint to JBIC (see Chapter 6 for
information about ﬁling oﬃcial complaints).
1-2
3-3-2

Read the EIA!
If the project is a Category A project, request a copy of the EIA
from the project owner or JBIC. EIAs are diﬀcult to read, but theP2-2-2 Guidelines require that it is translated into an official or widelyused language of your country. We strongly recommend thatyou read the EIA and tell JBIC if there is any missing or wrong
information.
5-2-1
P2-2-3Be Aware of Timing

FAQ-57
FAQ-58

Remember, for Category A Yen Loan projects, there may be only
120 days from the time a project is listed on JBIC’s website (Stage3) to the time a loan agreement is signed (Stage 5). For a Category
A IFO project, there may be as few as 45 days. Stage 3 and 4 canpass by very quickly, so it is often important to tell JBIC about the
problems with its projects as soon as possible after they arise. For
Category B and C projects, no time requirement has been speciﬁed,
so contacting JBIC about your concerns should be done as early as
possible.

❖ 29 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Stage 5 Decision-Making and Loan Agreements
What happens in Stage 5?
JBIC’s Decision on Financing
During this stage, JBIC decides whether or not it should ﬁnancea project. This process starts after the environmental review isfinished. Depending on the type of project, the decision-making
process is a little diﬀerent.
Decision on Yen Loan Projects
Yen Loan projects involve two decisions, one by JBIC and one by
the Japanese government. The process is as follows:i.

Decision by JBIC Board: First, JBIC’s Board of Directors
decides whether or not to fund the project. If the Board
decides the project should be funded, it approves the project.
ii. Decision by Japanese Government: JBIC sends theapproved project proposal to the Japanese government.
Three ministries in the government—the Ministry ofForeign Aﬀairs, the Ministry of Finance, and the Ministryof Economy, Trade and Industry—review the project
proposal. If these ministries agree that the project should be
ﬁnanced, then the project is given ﬁnal approval at a cabinet
meeting.
iii. Exchange of Notes (E/N) signed between two governments:
After cabinet approval, the Japanese government signs anagreement with the government of the borrowing country.
This agreement is called the Exchange of Notes (E/N), and
it is basically a promise by the Japanese government to givemoney for a project to the borrowing country’s government.
iv. Loan Agreement (L/A) is signed: After the E/N, moredetails are worked out between the recipient government
and JBIC, and the details are included in the ﬁnal contract
called the Loan Agreement (L/A).

❖ 30 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

One problem to watch for is an early Pledge. The Japanese
government sometimes makes oral political commitments, called“Pledges,” to give Yen Loans to recipient countries. A Pledge could
be made, for example, as a “souvenir” for a visiting minister to takehome to his/her country after a visit to Japan, or when a Japaneseminister visits a developing country. A Pledge is normally madeafter JBIC’s environmental review, but sometimes before the review.
Even though Pledges are not legally binding, and an L/A must still
be signed, it becomes very diﬃcult to cancel projects after a Pledge
is made.
Decision on International Financial Operations
Unlike Yen Loans, JBIC can decide by itself whether or not toﬁnance a project with International Financial Operations (exportloans, investment loans, and other kinds of non-ODA loans). The
process to decide to ﬁnance an IFO project is as follows:i.

Decision by JBIC Board: JBIC’s Board of Directors
approves the projectii. Negotiations: JBIC negotiates the details of the terms andconditions of the loan with the borroweriii. L/A is signed: JBIC and the borrower sign a Loan
Agreement
Result of Environmental Review
3-5-1
6-1

Whether a project is financed by a Yen Loan or International
Financial Operations, the Guidelines say that the final decision
to finance a project must reflect the results of the environmental
review. The Guidelines also say that if there is not appropriate
consideration of environmental and social factors, then JBIC candecide not to ﬁnance a project.

❖ 31 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

What can you do in Stage 5 ?
Contact JBIC Before the L/A!

FAQ-57
FAQ-58

If you are worried about the social and environmental impacts ofa project that JBIC is thinking about ﬁnancing, it is important torecommend that the project plan is changed or cancelled before the
L/A is signed. The L/A explains the details of the project and it isa legal agreement between JBIC and the borrower. This means that
if JBIC changes its plans, it might mean breaking the agreement
signed in the L/A. JBIC can do this only in extraordinary
situations, so the earlier you can raise your concerns to JBIC,
the better chance you have to make JBIC act on your concerns.
Remember, projects that JBIC is considering must be put on the
Project Categorization List at least 120 days before L/As are signedfor Yen Loans, and 45 days for IFO projects. If you ﬁnd the project
on JBIC’s Project Categorization List, this means that there may
be very little time to contact JBIC between the time JBIC becomesoﬃcially involved in the project and when the L/A is signed. If you
contact JBIC before the L/A, it might be possible to delay the L/A
until your concerns are addressed by JBIC and the project owner.
Push for Conditions to be Included in the L/A!

6-2

❖ 32 ❖The Guidelines say that when JBIC thinks it is necessary, JBIC
will try to include environmental and social conditions in the L/A.
If you want a project to be reformed (rather than cancelled), you
can push for conditions to be included in the L/A. It is importantthat environmental and social conditions be included in the L/Abecause the L/A is the basis for JBIC to monitor and supervise
implementation of projects by project owners. One problem,
however, is that it is very difficult for the public to monitor the
implementation of conditions in the L/A because it is not a public
document. If you demand that conditions be included in the L/
A, it is also important to demand that those conditions be madepublic.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊The Process of JBIC Financing

If you are going to be affected by a JBIC-financed project andare still worried about the environmental and social impacts after
the L/A is signed, another step you can take is to file an official
objection against the project. This is explained in Chapter 6.
Stage 6 Implementation and Monitoring
What happens in Stage 6 ?
Project Implementation Begins
When the construction or implementation of a project actually
begins, JBIC must monitor the project carefully. The project owneris expected to make sure that the project does not damage theP1-3-1 environment too much and does not harm the people affected
P1-9-1 by the project. If there is some damage or harm, then the projectP1-9-2 owner must make sure that the plans to minimize damage, or
to compensate harm, are also implemented properly. JBIC mustmonitor to make sure the project owner does these things.
1-5

3-2-1
4-4-1

What can you do in Stage 6 ?
Monitor Implementation of Project
Often, project owners do not keep promises to protect theenvironment or to compensate people, even when these promises
are written in EIAs, SIAs or Resettlement Plans. Also, there might
be environmental and social impacts that were not foreseen during
P1-9-1 project preparation. At the project implementation stage, it isimportant to make sure that mitigation measures and compensationplans in the EIA and Resettlement Plan are also implemented
properly. If these measures are not implemented, it could be a
violation of the Guidelines.

❖ 33 ❖

Chapter 2 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC must still listen
If you are affected by a project that JBIC is financing, and you
face problems at this stage of project implementation, JBIC must
5-1-1 listen to your complaints. The Guidelines say that JBIC welcomes
4-4-3 information from stakeholders about project implementation. If
you send information to JBIC explaining that environmental orsocial damage is happening because not enough care is being taken
to prevent it, then JBIC will send this information to the project
owner and the borrower. JBIC will encourage the project owner totake some action to investigate the cause of the problems and solve
4-4-4 them in a transparent and accountable way. JBIC may also do its
own investigations.
4-4-5

The Guidelines also say that if the project owner does not takecare of the problems well enough, JBIC can suspend giving loans
for the project until appropriate action is taken. Although JBIC
can suspend loans, this has to be done in accordance with theagreements signed in the L/A. One big problem, however, isthat L/As are classified documents now. This means we cannot
know what a project’s L/A says about environmental and social
conditions to the loans.
If your problems are not addressed by the project owner and JBIC
takes no action, you may consider filing an official request forinvestigation under the Objection Procedures (see Chapter 6).

❖ 34 ❖

Chapter

How to Get
Information

3.1 Introduction
This chapter focuses on how to get information f rom JBIC
and other sources about JBIC and JBIC projects. But it is also
important for you to remember to give information to JBIC. Thisis important because JBIC must consider the information you give5-1-1 very carefully. JBIC must listen to you. If JBIC hears from youthat a project will cause a lot of damage, then JBIC must be more
careful in deciding what to do. In some cases, JBIC can decide not
to ﬁnance a project. If you tell them about the diﬃculties you face,
JBIC cannot claim they did not know about your problems.
But of course, in order to tell JBIC about your concerns, you needto know what kind of project JBIC is considering. It used to bevery diﬃcult to get information from JBIC. Now, the Guidelines
and a new information disclosure law in Japan have made it easierto get some information from JBIC. But depending on what kindof information you need, it can still be diﬃcult.

❖ 35 ❖

3

Chapter 3 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Following are diﬀerent sources of information.

3.2 Local Sources of Information
It is possible to get some information in your own country. You can
ask for information and project documents from the project owner,
or get other information from the media and NGOs.
Information from Project Owner
The project owner is responsible for studies such as Feasibility
Studies (documents that describe the technical and ﬁnancial detailsof projects) and Environmental Impact Assessments. You should,
therefore, be able to get this information from the project owner.
P2-2-3P2-2-2- Environmental Impact Assessment: The Guidelines require thatfor Category A projects, EIA reports must be available to the
public in your country's official language(s). Written materials
explaining EIA reports should also be prepared in languages andforms understandable to local people.

- Monitoring Results: For projects with serious environmental andsocial impacts, the project owner must make plans to monitor the
project and its mitigation measures. The Guidelines say that “it isP1-9-3desirable that project proponents make the results of monitoringprocesses available to project stakeholders.” It is important tomake sure that the project owner accurately explains whether or
not the project is causing problems for local people or destroying
the environment. It is possible that the project owner will not
look at problems you are facing from the project. It is also
possible that they will not explain the problems you are facing to
JBIC. It is helpful to know how the project owner is explaining
the results of monitoring to JBIC. If the project owner says that
local people are all happy with the project, then you may need togive JBIC more information about the real situation.

❖ 36 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ How to Get Information

Information from Media
Television and local newspapers are also often good sources of
information. They often cover recent changes in a project, or write
about politicians' opinions about a project. Sometimes the media
will also report activities protesting a project.
Local NGOs
Local NGOs may also have useful information. NGOs haveexperience with various projects and activities. They might also haveconnections with other international NGOs, media, or sympathetic
politicians. It is often useful to work together with local NGOs
that you trust to help you get information about a project.
In cases where you cannot get information locally, it is sometimes
possible to get information from JBIC itself or other foreignsources.

3.3 Yen Loan Long Lists
Yen Loan Long Lists are lists of projects that might receive Yen
Loans in the future. When the Japanese government and thegovernment of a developing country agree to consider a project for
future ﬁnancing, they put the project on the Yen Loan Long List.
These Long Lists are published on the website of Japan's Ministryof Foreign Aﬀairs <http://www.mofa.go.jp/policy/oda/index.html>(you may need to do a search of the site inputting the key words“long list” and your country). If a project is on the list, it does notmean that the project has already been approved for funding by
JBIC. But there is a chance, of course, that it could be approved. If
you see a project you are concerned about on a Long List, then it isa good idea to contact JBIC with your concerns.

❖ 37 ❖

Chapter 3 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

3.4 Getting informationfrom JBICJBIC has a lot of information that you might need about a project.
You can get information from JBIC from their website or bycontacting their oﬃces. But before you ask JBIC for information
about a project, you must first make sure that JBIC is actually
involved in the project you are concerned about.
Finding out if JBIC is involved in the project
you are concerned about
Not all projects that involve Japanese ﬁnancing are JBIC projects.
If there is a project you have concerns about, it is important toknow exactly who is responsible for the project, and who is giving
the funds for the project. There are a few ways to ﬁnd out if JBIC is
thinking about giving funds for the project, or is already doing so.
Check JBIC's website
5-2-1

FAQ-57
FAQ-585-2-2❖ 38 ❖i.

When a borrower requests a loan f rom JBIC, theproject proposal is screened and put into a “Project
Categorization List,” as explained in Chapter 2. This list
puts projects into A, B, C, or FI categories, depending
on how severe the environmental impacts are expected
to be. After categorization, the project is listed on JBIC's
website. If a project is Category A, it is listed at least 120
days before the L/A is signed in the case of Yen Loans,and 45 days in the case of IFO projects. The web page for
the Project Categorization List is <http://www.jbic.go.jp/
japanese/environ/joho/project.php>.
After the project is approved, and the L/A is signed,
the results of the environmental review are also posted
on JBIC's website at <http://www.jbic.go.jp/japanese/environ/joho/review.php>.
Unfortunately, at the time of writing this book, both lists
are available only in Japanese. Since JBIC is neglecting❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ How to Get Informationii.

its responsibility to translate these lists, JapaneseNGOs have made a website in English to provide thisinformation for you. You can see this site at <http://www.
jbic-watch.net/>.
After a Yen Loan project has been approved by JBIC, it
will be listed in English on JBIC's website. You can do asearch for approved projects at <http://www.jbic.go.jp/
english/oec/project/index.php>.

Contact JBIC's representative ofﬁce
If you do not have access to the internet, or if you do not read
English or Japanese, contact the JBIC office nearest you. See
Appendix A for a list of representative oﬃces. It is a good idea to
ask JBIC directly about its involvement in a project anyway, because
there is no public list of IFO projects approved by JBIC.
If JBIC has not received any request for a loan for a project, JBIC
will not give any information about it. If you need information
about a project that is at a stage where JBIC is not yet involved,
you need to contact the project owner (the government agency
or company that is responsible for the project). See Chapter 5 formore information about contacting JBIC and project owners.

See this website for information on projects JBIC
might ﬁnance <http://www.jbic-watch.net>❖ 39 ❖

Chapter 3 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Where to ﬁnd general information
about JBIC or JBIC projects
WebsiteIf you have access to the internet, one of the easiest places to getbasic information (in English or Japanese) about JBIC projects
is from JBIC's website. Website address: <http://www.jbic.go.jp/
english/>Representative Ofﬁces
JBIC also has 26 Representative Oﬃces around the world. A listof their oﬃces is in Appendix A. You can contact the oﬃce nearest
you for information.
Head Ofﬁce
JBIC's headquarters is in Tokyo. You can also contact theheadquarters for information if the Representative Oﬃce does nothelp you. The contact information for JBIC's headquarters is alsoin Appendix A.

❖ 40 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ How to Get Information

Types of Information Available from JBIC
The Guidelines require JBIC to make certain kinds of information
available to the public. Unfortunately, some of the information isavailable only in Japanese. Here is a list of information you can getfrom JBIC under the Guidelines:
Project Categorzation List (in Japanese only)
5-2-1

You can see a list of projects that JBIC is considering on JBIC's
website. This list is called the Project Categorization List, as
mentioned above. This list gives the name of the project, thecountry it is in, an outline of the project, and the environmental
category of the project. It also explains the reason for the category.
If a project is put in category A or B, then the list also gives
information on whether or not environmental impact assessments
and other documents have been sent to JBIC. This is very important
information for stakeholders, so we are very disappointed with
JBIC that they are not providing this information in English. Since
JBIC is neglecting its responsibility, Japanese NGOs have made a
website in English to provide this information for you. You can see
this site at <http://www.jbic-watch.net/>.
Environmental Review Results (in Japanese only)

5-2-2

For projects that JBIC has approved and signed loan agreements,
the results of environmental reviews are put on JBIC's website.
Environmental Impact Assessments (EIA)

5-2-1

For all Category A projects and some Category B projects, you can
get EIAs from JBIC's head oﬃce. When JBIC receives EIAs for
projects, it will say so on the Project Categorization List. If the List
says JBIC has the EIA you need, then you can request a copy from
JBIC, and the Guidelines require that JBIC makes sure you receive
it. The EIA must be available in the official language(s) of yourcountry.

❖ 41 ❖

Chapter 3 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Environmental Management Plans (EMP)
An EMP explains what kinds of measures need to be taken during
construction and operation of a project to eliminate negativeenvironmental and social impacts. If eliminating such impacts is
impossible, then the EMP explains what needs to be done to reduce
the negative impacts. Because the EMP is actually part of theEIA, this document should also be available from JBIC, together
with the rest of the EIA. The EMP should also be available in theoﬃcial language(s) of your country.
Records of Consultations
This is also something that is supposed to be included in EIA
reports and available in the official language(s) of your country.
When the project owner or JBIC consults with local people orNGOs, they must keep a record of what is discussed at thesemeetings. JBIC must make the records of these meetings available,
together with the rest of the EIA.

❖ 42 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ How to Get Information

Using the Information Disclosure Law
All documents that JBIC has must be disclosed under the
Information Disclosure Law of Japan. If you need documents orinformation about a project, and you cannot get this information
locally or by contacting JBIC, then it may be worth trying to get
the information through the Information Disclosure Law. The
Guidelines require JBIC to disclose the Environmental Impact
Assessment, but for other information, JBIC may not be as willingto give it out, especially when the project owner would rather notdisclose the information.
Examples of documents related to social and environmental
impacts of a project could include resettlement plans, indigenousdevelopment plans, or environmental monitoring reports. These
are documents that JBIC should disclose in the same way as theEnvironmental Impact Assessment but is not likely to do so. If
JBIC refuses to give you these documents, it is useful to use theInformation Disclosure Law. If JBIC still refuses to give you
information you requested using this Law, there is a process you
can use to try again. You can send a complaint to the “Information
Disclosure Review Board.” If this Board finds that JBIC should
disclose the document you asked for, then JBIC must give it toyou. It is also possible to sue JBIC for violating the Information
Disclosure Law.
Unfortunately, the Information Disclosure Law is difficult touse for people who cannot read and write Japanese. Requests for
documents using the Information Disclosure Law must be written
in Japanese. But aside from this constraint, it is a useful way to get
information because it covers all the documents that JBIC has,and has a mechanism to complain if JBIC does not give you theinformation you want. If you need assistance using the Information
Disclosure Law, there are some Japanese NGOs who can help you(see Appendix C).

❖ 43 ❖

Chapter 3 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Information that JBIC will not disclose
There are a few types of documents that JBIC will not disclose. The
Information Disclosure Law lists three kinds of information that
do not need to be disclosed. These are:
- Information about parties other than JBIC (borrowers, executing
agencies, developing countries' governments, private companies,etc.), that was given to JBIC on the condition that it is not madepublic, or where there is a risk that rights or legitimate interestsof such parties will be harmed by being made public.
- Information that would risk unjustly harming frank exchangeof opinions or the neutrality of decision making by being madepublic.
- Information that poses a risk of damage to trustful relations withanother country by being made public.
W hile the Information Disclosure Law allows the above
information to remain classiﬁed, it is important to remember that
the Environmental Impact Assessment and other documents
mentioned in the section “Information Available from JBIC”
must be disclosed. Even if these documents contain the kindsof information listed above, the Guidelines require that they are
made public. JBIC cannot refuse to give you information that the
Guidelines require JBIC to disclose.

❖ 44 ❖

Chapter

What must JBIC
make sure thatborrowers have
done?
4.1

Introduction

Many of the problems that local people face with development
projects are topics in Part 2 of the Guidelines. We strongly
recommend that you read Part 2 of the Guidelines (page 99 inAppendix D). If some of your concerns are about any of the topics
in the box in the next section of this chapter, then there may besomething in Part 2 of the Guidelines that you can use when you
communicate with the project owner and/or JBIC.
P1Part 2 of the Guidelines lists the actions that the borrower andproject owner must take in regard to environmental and social
issues. JBIC must check to make sure that the project owner has
met the requirements in Part 2 (Part 1 of the Guidelines lists things
that JBIC itself must do, such as screening and environmental
review of projects. These topics are covered in “The Process of JBIC
Financing,” Chapter 2 of this booklet).
JBIC lists its requirements for project owners and borrowers inPart 2 of the Guidelines because it usually gets involved in projects❖ 45 ❖

4

Chapter 4 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

at later stages when EIAs and other studies are already finished.
But just because JBIC starts involvement late does not mean it
can ignore environmental and social issues. JBIC must check tomake sure that the project owner and borrower have considered theenvironment and local people in their project planning, and meetthe requirements in Part 2 of the Guidelines.
3-5-1
6-1

If the projects do not meet the requirements described in Part 2 of
the Guidelines, JBIC is required to encourage the project owners totake appropriate actions to prevent negative impacts of the projects.
If the project owners do not address these problems, the Guidelines
say that JBIC can decide not to ﬁnance the projects.
Again, we strongly recommend you to read Part 2 of the
Guidelines. When JBIC does an environmental review of a project,
it is very effective to point out any contradictions between therequirements in Part 2 of the Guidelines and the actual project
design and preparation process. If JBIC approves a project which
does not meet the requirements, this can be a basis for ﬁling for aninvestigation of the project through the Objection Procedures (seeChapter 6 for more details).

4.2 What is written in Part 2of the Guidelines?
P1
P2

Part 2 contains some requirements for project owners andborrows to follow regarding things such as environmental impact
assessments, project monitoring, information disclosure, public
consultations, and participation of stakeholders in certain aspects ofprojects.

The requirements, however, are very general. For example, theWorld Bank has an entire policy on resettlement, but in Part 2
P1-7 of the Guidelines, there are only three general points listed about
involuntary resettlement. JBIC also sometimes uses phrases like“must promote” or “avoid where feasible.” These are vague phrases❖ 46 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

What must JBIC make sure that borrowers have done?

that tend to weaken the strength of the requirement, but it isimportant that we push so that they are interpreted as requirements
and not mere recommendations.
In the box below are some of the topics covered in Part 2 of the
Guidelines. Below each topic is an example of some requirements
related to the topic. If there are problems with a project related tothese requirements, it would be useful to quote the relevant sectionsin Part 2 when discussing with JBIC or the project owner. It is
important to read Part 2 for the exact phrasing. It will not help toquote the box below.

Some Requirements Included in Part 2 of
JBIC's Environmental Guidelines

P1-2-1P1-2-1P1-2-2

P1-4-1

P1-5-2

When should environmental and social issues related toa project be examined?
At the earliest stages possible.
What are requirements for mitigation measures andalternative proposals?
Such measures must be incorporated into project plans;
they must include an analysis of environmental costs andbeneﬁts.
What topics should be examined in environmental andsocial assessments?
Impacts on air; water, soil, and ecosystems; involuntary
resettlement; indigenous people; cultural heritage; gender;
children; communicable diseases such as HIV/AIDS;
and impacts that may lead to trans-boundary and global
environmental problems.
What locations should projects avoid?
Protected areas; conservation areas.

❖ 47 ❖

Chapter 4 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P1-5-1

What laws and standards should be followed?
Local and national laws on environmental and social
issues.

P2-2-4

When are consultations with stakeholders required?
For Category A projects, stakeholders must be consulted
during the EIA.

P1-6-1

For what projects should stakeholders' opinions be
incorporated in project plans?
There must be stakeholder consultations for projects
with large environmental impacts, and the outcome of
consultations must be incorporated into project plans.

P1-7

What are requirements regarding involuntary
resettlement?
Avoid involuntary resettlement when possible; sufficientcompensation must be given by the responsible party (suchas the project owner).

P1-8-1P2-2-3P1-6-1P2-2-2
P1-9-3

P1-9-1
P1-9-2❖ 48 ❖

What are requirements regarding indigenous people?
Rights of indigenous peoples in regard to land andresources must be respected; the project owner must makeeﬀorts to get the consent of indigenous peoples.
What kinds of information must be disclosed?
EIAs must be disclosed; relevant and suﬃcient informationmust be given to people before public consultations;information on environmental and social impacts of a
project must be given to aﬀected people in a language andform they understand; and results of monitoring should bemade available to stakeholders.
What are requirements for monitoring?
Project owners/borrowers should monitor to check if there
are impacts they did not expect; when necessary, projectplans should also include monitoring plans.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P-2

What must JBIC make sure that borrowers have done?

What are requirements for EIAs?
EIA reports must be written in the official language ora widely used language of the country where the project
is located; consultation with local people is required, andthey must be given information prior to the consultation;
EIAs should predict and assess the project's likely positive
and negative impacts, in as quantitative terms as possible.

Public Consultation for JBIC Projects
In various sections of the Guidelines, JBIC mentions theimportance of consultations. This is an important feature of
the Guidelines, as it gives affected people more chances
to raise their concerns during all stages of the projects that
JBIC ﬁnances.
1-2

5-1-1

The Guidelines say that JBIC recognizes that it is very
important for various processes, such as the EIA process
or decision-making processes, to be transparent andaccountable. JBIC also notes that it is very important for
local people and NGOs to participate in these processes.
The Guidelines say specifically that JBIC welcomes
information from stakeholders. Information and opinions❖ 49 ❖

Chapter 4 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

that stakeholders give to JBIC will be considered when
JBIC does environmental reviews and supervises projects.
JBIC knows that it must listen to the voices of affected
people.
P1-6-1❖ 50 ❖

In cases where projects are expected to have large
impacts, the Guidelines require sufﬁcient consultation withstakeholders, and the outcome of these consultations must
be incorporated into the project plan. This basically means
four things:
1) that local people affected by any project JBIC is
thinking about ﬁnancing must be able to express theiropinions in discussions with the government agency orcompany planning the project,2) these discussions must be held from early stages inproject preparation.
3) project owners must make sure that local people haveenough information before such consultations takeplace.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

What must JBIC make sure that borrowers have done?

4) The project owners must make sure that the views andopinions expressed in consultations are documented,
and that the project design should try to accommodate
those views as much as possible.
But it is the project owner and companies working on
the project that decide how to incorporate local people'sviews in the design. It is therefore necessary for local
people and NGOs to follow the process carefully andmake sure that their views actually are respected.
P2-2-4P2-2-2
P1-7-3

For Category A projects, people must also be consulted
during preparation and writing of EIA reports. When
explaining projects to local residents, written materials
must be provided in a language and form understandable
to them. If there is going to be resettlement, then the
project owner must promote participation of affected

A compensation plan that failed the villagers affected by the Lam Ta Khongdam in Thailand.

❖ 51 ❖

Chapter 4 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P1-8-1people in the planning, implementation and monitoring ofresettlement plans. It is also very important that indigenous
people are given information and are able to give theiropinions about projects.
Public consultations are a double-edged sword.
Consultations give you a chance to raise your concerns
directly to project owners, but project owners also try touse consultations as chances to get support for projects.
Project owners might inform you of only the positive
aspects of projects, or they might try to exclude critical
people by inviting only those who support the project. It
is important to ensure that enough information regarding
both positive and negative impacts is communicated to
all people who will be affected by a project before theconsultations. If you are affected by a project, you shouldbe able to attend consultations regardless of your opinions
about it. In the consultations, you should insist that enoughtime is given to affected people to explain their views. It
is also important that the records of consultations do not
exclude critical opinions. It may be useful for affected
people and NGOs to also record the consultations so thatyou can check if ofﬁcial records are accurate.
An informed and open consultation might give you an
important space to express your opinions regarding a
project. But be careful - public consultations are basicallyorganized by project owners, who can easily abuse
them to give JBIC the false impression that projects aresupported by local people.

❖ 52 ❖

Chapter

How to VoiceYour Concerns

5.1 Introduction
This chapter gives some tips for how to raise your concerns to
JBIC. If you think that a project that JBIC is ﬁnancing will cause
damage to your community or environment, or if damage has
already happened, then you may want to tell JBIC about it. You
may be thinking of doing a campaign against the project, or you
may be thinking of just raising your concerns quietly. Either way,
the suggestions here can be helpful to make JBIC understand yourconcerns and, thereby, take appropriate actions to resolve them.
Remember, the earlier you contact JBIC, the better chance you
have of getting your concerns addressed and preventing damage.

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Chapter 5 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

5.2 Get the Necessary
Information
In order to eﬀectively voice your concerns, it is important to haveenough information about the project to show that the project
really is a threat to your livelihood or environment. One of the ﬁrst
steps to voice your concerns, therefore, is to collect information.
If you ﬁnd that there is a JBIC-funded project near you, you haveevery right to contact JBIC and ask for information. The earlier you
start collecting information about the project, the better chance you
have of inﬂuencing decisions about this project. See Chapter 3 formore details on what kinds of information you can get from JBIC
and how to do so.

5.3 Contact JBICJBIC is required to listen to you
5-1-1

When voicing your concerns, you should know that JBIC is
required to listen to people aﬀected by projects it ﬁnances.
Where to Contact JBIC
You can contact JBIC officials at the head office in Tokyo or arepresentative oﬃce in your country. See Appendix A for contact
information.
How to Contact JBIC
There are several ways you can contact JBIC, such as letters, e-mail,faxes, phone calls, and actual visits to their oﬃce. See Appendix A
for contact information. We recommend that you ﬁrst contact the
representative oﬃce closest to you. If that does not help, then try
the head oﬃce in Tokyo.

❖ 54 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊How to Voice Your Concerns

Sending Letters
Letters are useful because they become written documents of yourefforts to contact JBIC. These documents can be useful in future
efforts to resolve your problems, especially if you file a formal
complaint through the Objection Procedures (see Chapter 6).
Unfortunately, JBIC does not always reply to letters, though theyshould. If you write to JBIC with questions about a project, you
should also clearly request that they answer you in writing too.
This way, you will have a written document of the way JBIC thinks
about your questions. Letters are also useful to put pressure on
JBIC to help resolve your problems. When you send JBIC a letter,
you should also make copies of the letter and keep one for yourown records. Also send copies to relevant ministries in Japan andNGOs that are helping you.
Visiting JBIC Representative Ofﬁces
See Appendix A for contact information. If you are able to go to
the JBIC oﬃce, meeting with the JBIC representative responsible
for the project you are concerned about can be eﬀective. If you visit
a JBIC office, make sure that you document your discussion bytaking notes or recording the meeting.
E-mail
You will notice that there are no e-mail addresses to contact JBIC
in Appendix A. We do not recommend that your ﬁrst attempt tocontact JBIC be by e-mail. This is because the only way to sendan e-mail to contact JBIC generally is through the website of theTokyo head office, and it is not likely that JBIC will respond ina responsible way to messages sent here. If you really want to try,
however, the webpage to do this is <https://www.jbic.go.jp/english/
opinion/index.php>. After you contact JBIC oﬃcials individually,
it is possible to communicate with them by e-mail with theirindividual addresses. But until then, e-mail is not an eﬀective way
to make ﬁrst contact with JBIC.

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Whatever way you choose to communicate with JBIC, we strongly
recommend that you document your communication with them.
When possible, it is best to write down your concerns and ask for
responses from JBIC in writing. This way, you can document thekind of communication you have with JBIC. These documents
may be necessary later also to prove that you told JBIC about yourconcerns, and to record what kinds of answers JBIC gave to you.
If you do not speak English or Japanese
JBIC must listen to all stakeholders. It does not matter if you
cannot read or write, or if you cannot speak Japanese or English.
JBIC should make arrangements for interpreters and translators sothat they can communicate with you. Although JBIC should makethese arrangements, it may also be a good idea to go with someone
you trust who can also help to facilitate communication.

❖ 56 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊How to Voice Your Concerns

5.4 Identify and Document
the Problems
What should you document?
It is very important that you identify exactly what problems you arefacing and the reasons for the problems. Problems caused by JBICfunded projects are sometimes obvious, but sometimes they might
not appear right away. Therefore, it is important to tell JBIC about
the problems you expect, and document them as they arise. It isalso important to be able to explain how these problems are related
to the project that JBIC is funding or considering funding. It might
be necessary to do some fact-ﬁnding and collect information frompeople in your community who share your concerns. You may alsoneed to request information from JBIC.
You should also document violations of the Guidelines. If you ﬁndthat the project owner or JBIC does not follow the Guidelines,
documentation of how they did not follow the guidelines will makeyour letters and reports much more convincing and eﬀective.
Why is it important to document your concerns?
Without documentation, it is possible that JBIC will not believe
you. Even with documentation, if your government explainsdifferently f rom what you say, JBIC is likely to believe yourgovernment first. Good documentation of your concerns andreasons for those concerns can make protesting against a JBIC
project much easier. With good documentation, it is easier both
to explain to JBIC what the problems are, as well as to ﬁnd otherpeople who understand your situation and who may be willing tohelp you.
How to document?
Documentation can be done with photographs, written statements,
recorded interviews, video, or directly explaining to JBIC oﬃcials.
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When documenting, please make sure to be clear what it is that you
are documenting, as well as when, where, and how the information
was documented, and whose concerns are being documented. If it
is dangerous to share this information with others, then it is notnecessary to spread the information widely. But if possible, ﬁnd anorganization that you can trust to help you.

5.5 Contact Project Owners
Although JBIC provides funds for projects, JBIC is not the ownerof the projects it finances. This means that the most important
decisions about a project are not made by JBIC. The main decisionmakers for projects are the project owners, and it is therefore very
important to contact them about your concerns. But sometimes
project owners do not listen carefully to stakeholders. In suchcases, it can be useful to contact JBIC. If JBIC understands yourconcerns, then as the donor, JBIC can contact the project owners to
demand an explanation and recommend changes.

5.6 Use Political Pressure
When project owners and JBIC do not listen to your concerns or
fail to address the problems you raise, it might be a good idea toput political pressure on them.
Contact Japanese Ministries
JBIC is directly governed by the Japanese government. The Japanese
government is one of the key decision-makers for Yen Loans, andit may have diﬀerent opinions from JBIC, so contacting oﬃcials of
the Japanese government can be a good tactic. When you write aletter to JBIC, it is also a good idea to send a copy of the letter to
the Japanese government (Ministry of Foreign Affairs in case of
Yen Loans, and Ministry of Finance in case of IFO projects). Seecontact details for Japanese ministries in Appendix B (page 84).

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Contact Japanese Members of Parliament
Some Japanese parliamentarians are also interested in the problems
caused by JBIC funding, and they can pressure JBIC in various
ways, such as raising the issues through parliamentary sessions andofficial inquiries. It is most effective to get the help of JapaneseNGOs to contact Japanese politicians. See the next section on“Working with Japanese NGOs” for more information.
Contact the Media
Press coverage may also have impacts on JBIC's attitude to yourproblems. JBIC does not like to be criticized in the press. They also
do not want to be known for ﬁnancing projects that hurt people.
Contacting the media and getting articles or TV programs to talkabout your concerns is another way to pressure JBIC and project
owners.
Contact your government
In less democratic countries, putting political pressure on project
owners can, of course, be diﬃcult or dangerous. But if it is possible,
contact your government. Sending questions about a project orpressuring your own local or national government to listen to yourconcerns and to work in a positive way to solve your problems canraise the standard of responsiveness for authorities in your own
country.

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5.7 Working Together
with Japanese NGOs
It can be helpful to work together with Japanese NGOs when you
communicate with JBIC or campaign against a project funded by
JBIC. There are a few Japanese NGOs that are concerned about
the environmental and social problems caused by JBIC-funded
projects. These NGOs work together with NGOs in the countries
where JBIC's projects are, and collect information about the
problems faced by communities. Then these NGOs go to JBIC,
explain the problems of the project, and try to make sure that JBIC
understands these problems.
Working with Japanese NGOs might involve visits by the NGOs
to your community to learn more about your concerns. Or theymight work with local NGOs to whom you have already explained
your concerns. They might invite someone from your community tocome to Japan and explain to JBIC and Japanese politicians about
the problems you face due to a JBIC project. They might organize
interviews with the media so that more Japanese people understandyour problems, or ask you to speak at public events so you can tellmany Japanese people about your concerns.
These NGOs cannot solve all the problems caused by JBIC
projects, but they can help you to make JBIC more responsive to
your concerns. If you work together with a Japanese NGO, then it
is also more likely that JBIC will take you seriously. It is easier for
JBIC to avoid local stakeholders in other countries than to avoid
persistent NGO staﬀ who live in Tokyo and can easily go to theiroﬃce.
Contact information of several Japanese NGOs that are working toreform JBIC can be found at the end of this booklet in Appendix C.

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Chapter

Objection
Procedures

6.1 Introduction
When you are collecting information about the problems caused
by a JBIC-funded project, you may ﬁnd that what actually happensin the project is diﬀerent from what is required in the Guidelines.
If you ﬁnd that your eﬀorts to ﬁx the problems do not work, you
might consider using the Objection Procedures.

6.2 What are the Objection
Procedures?
JBIC established a mechanism so that people facing problems
because of JBIC projects can request an investigation. Thismechanism is called the Objection Procedures. More specifically,affected people can request an investigation regarding JBIC'sviolations of the Guidelines. Requests for investigations arereceived and examined by “the Office of Examiners in Chargeof the Environmental Guidelines” at JBIC. The Examiners are
independent f rom JBIC's Operational Departments, so they
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should be neutral. Based on requests by affected people, theExaminers investigate JBIC's work to see if JBIC has violated the
Guidelines or not. After the investigation, the Examiners makerecommendations to the Governor of JBIC. The Examiners canalso bring the aﬀected people and project owner together to discuss
the problems and try to ﬁnd solutions to the problems.

6.3 What can you expectfrom ﬁling a request?
The Objection Procedures are still new, so there have not been any
requests for investigation ﬁled yet (as of August 2004). Therefore, it
is diﬃcult to know what to expect at this time. But we can predict
some eﬀects based on the experiences of inspections at the WorldBank and Asian Development Bank.
O2-2
O2-1

The goal of the Objection Procedures is to solve the problems
of affected people and to ensure that JBIC complies with the
Guidelines. The Objection Procedures involve investigations to see
whether or not JBIC violated the Guidelines, as well as dialogues
between the project owner and aﬀected people. With the Objection
Procedures, JBIC cannot simply ignore the rules in its Guidelines,
so we hope that JBIC will follow the Guidelines carefully andprevent some of the problems that have happened in the past.
Limitations of the Objection Procedures

It is important to understand the limitations of the Objection
Procedures. Even if people suﬀer and JBIC violates the Guidelines,
there is no guarantee for compensation. The Examiners cannot
give direct compensation or take action to reduce the problems.
They do not have power to force JBIC to take action either. The
O2-1 Examiners can only make recommendations to the Governor of
O6-7-1 JBIC. It is JBIC's Governor who will make the final decisions,and these decisions must then be implemented by the operational
departments of JBIC. These are the same departments thatsupervised the projects when the problems occurred.
❖ 62 ❖

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Possible Beneﬁts of using the Objection Procedures❑

A Fair and Transparent Review: If a request for inspection is
accepted, the Examiner in charge is expected to do a fair andtransparent review of the complaints received and of JBIC's
responsibilities. If the Examiner ﬁnds that JBIC has violated
the Guidelines, JBIC will be urged to take appropriate actions,even if it is not required by law.

❑

Strict supervision of Project Owner: If the Examiner finds
violations of the Guidelines, it is likely that JBIC will be more
careful in supervising the project owner and borrower. This isimportant because it is the borrower that must compensate
the affected people or take measures to repair and prevent
environmental damage.

❑

Results of the Investigation can be Used as Monitoring andCampaign Tools: Results of investigations must be madepublic so that the aﬀected people and the public can monitor
whether JBIC and the project owner are taking appropriate
actions to address the problems pointed out by the Examiner.
If the Examiner's report confirms JBIC's violation of the
Guidelines, this public report will be a strong tool in the
campaign to cancel or change the project.

❑

Indirect Effects: The investigation by the Examiner canbecome a space for affected people to raise their concerns,
which are often ignored by the project owner or JBIC. Filing
requests for investigation can also bring greater attention to
the concerns of aﬀected people. With an investigation, the top
level of JBIC, as well as the project owner, will follow the caseclosely.

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Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Through the whole process of investigation, it is important tocontinue giving information to the Examiner and to pressure JBIC
and the project owner in various ways. Just filing a request andwaiting for the Examiner's report may not result in any solutions
to the problems of aﬀected people. Using the Objection Proceduresshould be seen as just one way to hold JBIC accountable.

6.4 Who can ﬁle a request
for investigation?
Two or More Affected People
O5-2-1

People who have suﬀered direct damage or expect to suﬀer direct
damage as a result of a JBIC-ﬁnanced project can use the Objection
Procedures. To request an investigation of a project through the
Objection Procedures, at least two people must ﬁle together. These
two or more people are called “Requesters.”
An Authorized Representative

O5-2-2

In cases where it is impossible or dangerous for Requesters to ﬁlethemselves, they can authorize an agent to ﬁle on their behalf. For
example, if using the Objection Procedure could result in reprisal
from the government, aﬀected people can ask an NGO that they
trust to file a request as their representative. This NGO can bea local NGO or an international NGO. It is necessary for theRequesters to explain why it is impossible or dangerous for them toﬁle themselves.

6.5 What projects are subject to
the Objection Procedures?
O5-1❖ 64 ❖All projects for which loans from JBIC were requested on or after 1
October 2003 are subject to the Objection Procedures.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Objection ProceduresO5-3-2

6.6 When can requests forinvestigation be ﬁled?
When requests can be ﬁled
Request for Loan from Borrower
Formally, requests for investigation
are not accepted during this period.
However, the Governor of JBIC can,at his/her discretion, order the
Examiner to conduct investigationsin "exceptional cases."Requests for Investigation may
be filed.

Only requests for investigation
regarding violations of monitoring provisions may be filed.

The time limitations are a little diﬃcult, and diﬀerent dependingon the type of project.
❖ 65 ❖

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Yen Loans
Requests for investigation can be made any time after JBIC's
Board of Directors has approved the project and recommended
it to the Japanese government for final approval (but the timingof the recommendation is not made public. See Chapter 2, Stage
5 on page 30). Requests must be ﬁled before the loans have been
completely disbursed to the borrower.
International Financial Operations (non-ODA projects)
A request for investigation can only be ﬁled after the L/A for the
project is signed. As in the case of Yen Loans, a request must be
ﬁled before the project's loans have been completely disbursed.
Exceptions to the Above- Decision by the Governor: In exceptional cases where serious
social and environmental impacts are very likely to happen,
the Governor of JBIC can order the Examiner to conduct aninvestigation outside of the time frame explained above (thisprovision is included in the Summary of Public Consultation
Forum, which can be found at <http://www.jbic.go.jp/english/
environ/consult/index.php>).
During Monitoring: If all the loans for a project have alreadyO5-3-5been given, but JBIC is still monitoring the project as requiredby the Guidelines, a request for an investigation can still be ﬁled.
Problems with these time constraints
These time restrictions are problems especially for projects that are
not ODA loans. After an L/A is signed, it is very diﬃcult to makechanges in a project. JBIC is legally obliged to lend money to theborrower after signing an L/A. If JBIC wants to take some action,such as suspending or canceling a loan, it must still follow theagreement signed in the L/A.

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Get Help from Japanese NGOs (also see page 60)
It may be diﬃcult for aﬀected people to know exactly when to ﬁlea request. If you are not sure if the timing allows you to ﬁle for aninvestigation, you can inquire to JBIC or ask one of the JapaneseNGOs listed in Appendix C. We strongly recommend that you
work together with a Japanese NGO if you want to use the
Objection Procedures. Especially in cases when you ﬁle outside thenormal period of time in which requests are usually accepted, youwill need as much support as you can get from NGOs in Japan.

6.7 Who looks at the requests
for investigations?
Ofﬁce of Examiners in Charge of Environmental Guidelines
O1-1

JBIC established an “Office of Examiners in Charge ofEnvironmental Guidelines." The Office has two Examiners, andthey are hired for a period of two years. Each request for inspection
will be reviewed by one of the Examiners. The Oﬃce of Examiners
is directly under the JBIC Governor. It is independent from JBIC's
Operational Department, the department that is responsible foroverseeing the projects that JBIC funds. The Examiners are hiredfrom outside JBIC, so they are quite independent, even though theOﬃce is a part of JBIC.
For more information about the current Examiners, see JBIC's
website at <http://www.jbic.go.jp/english/environ/examiner/index.
php>. The names and proﬁles of the Examiners are listed on thispage.

6.8 Where to send a request
for investigation
Requesters must send their request, either by themselves or
through a representative, to the Office of Examiners in Charge❖ 67 ❖

Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊of the Environmental Guidelines. Requesters must send a lot of
information to the Examiners, so please read the following two
sections carefully. Contact information for the Oﬃce of Examiners
is as follows.
Address:
Japan Bank for International Cooperation
Oﬃce of Examiners in Charge of Environmental Guidelines
4-1, Ohtemachi 1-chome, Chiyoda-ku, Tokyo 100-8144 JAPANFAX : +81-3-5218-3946
E-mail: sinsayaku@jbic.go.jp

6.9 What information should
be included in a request
for an investigation?
O5-4-1O5-4-2O5-4-3O5-4-4❖ 68 ❖

To ﬁle a request for an investigation, the information listed below
must be provided to the Examiner. A request can be filed inJapanese, English, or the oﬃcial language of the country where theRequesters are from. Below is a list of the information Requesters
must send to the Examiner, followed by an explanation of eachrequirement. It may be useful to look at Section 4 of the Objection
Procedures (Appendix E, page 111) along with the information
below.

A&B

Name and Address of the Requester
These are the real names of the Requesters andaddresses where they can be contacted. The Examiner will need tocontact the Requesters, so names and addresses must be included in
the request for investigation. If Requesters do not want their names
and addresses disclosed, then they should write this here as well.

C

Case with respect to which the Request is submittedThis is the name of the project that is causing damage to theRequesters. It is best to include the exact name of the project if
possible. If not possible, then the following information is enough.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Objection Procedures- Name of the country in which the project is located- Where the project is located- A description or outline of the project.

O5-4-5O6-3-3D

Description of substantial damage actually suffered by
the Requester or substantial damage likely to occur to theRequester in the future
Basically, this is the answer to the question, “how has the project
hurt you?” If damage has not happened yet, answer the question,“how do you expect this project to hurt you?” As much detail as
possible about the damage should be included. If possible, explain
the damages in line with the requirements in the Guidelines, so it
will be easier for JBIC to understand.
Note: If the issues raised in (D) are being examined by local
or Japanese courts, or if the issues are being addressed
through other administrative procedures (in the Requesters'
country, in Japan, or at other international institutions),
the Examiner can wait for that process to finish before
deciding whether or not to do the investigation. Issues canbe similar, but Requesters should make sure that the issues
they raise are not exactly the same as problems currently
being raised by judicial or administrative procedures otherthan the Objection Procedures. If the Examiner decides towait, Requesters should insist that the issues they raise, andthe issues being dealt with through other procedures, arediﬀerent enough to deserve immediate investigation by the
Examiner.

E
O5-4-6

Relevant provisions of the Guidelines considered by the
Requester to have been violated and the facts constituting
non-compliance alleged by the Requester.
This is one of the more difficult parts of the request. Requesters
must explain which parts of the Guidelines JBIC violated. It is notenough just to explain what the problems are. It is necessary to
identify parts of the Guidelines that have not been followed. For
example, if there was no local consultation with affected people
during the EIA, then this could be a violation of Part 2 of the❖ 69 ❖

Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Guidelines, under the section, “Social Acceptability and Social
Impacts” (see Appendix D, P1-6-1) and the fourth point in thesection, “EIA Reports for Category A Projects” (Appendix D,
P2-2-4).

F

Causal nexus between non-compliance with the Guidelines
and the damage
O5-4-7 Here, it is necessary to explain how violation of the Guidelines led
to damage. JBIC wants to know how it is responsible for problems.
It does not want to be asked to take responsibility for problems
others have caused. This is why it is necessary to explain how
JBIC's failure to follow the Guidelines led to harm.

G

Resolution desired by the Requester
How do the Requesters want the problems caused by the
O5-4-8project to be solved? Is it a question of compensation, a change
in the design of the project, canceling the project completely, or
something else?

H

Facts concerning the Requester's consultation with the
Project Owner
O5-4-9 Before filing a request for investigation, Requesters must try tocommunicate with project owners. This can be done throughmeetings, letters, faxes or phone calls. It is important to document
these discussions. Requesters should keep a record of when, where,
and who they communicate with. Also keep a record of what is
discussed, and what the project owner says. Requesters should also
keep a record of any rejections of their attempts to communicate
with project owners.
If it is not possible for Requesters to have dialogues with the project
owner about the problems caused by the project (e.g. because of thefear of reprisal or intimidation), then the reasons for that must also
be explained.

I

Facts concerning the Requester's consultation with the Bank's
Operational Department
O5-4-1O It is also necessary to contact JBIC's Operational Department and❖ 70 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Objection Procedures

try to resolve problems before filing a request for investigation.
When filing a request for investigation, Requesters must explain
who they communicated with from JBIC and what they discussed.
It is, therefore, very important that any time Requesters try tocommunicate with JBIC staff, they should document who they
speak to, when and where (or how) they speak, and what the JBIC
staﬀ tell them.

J

If a Request is submitted by an agent, the Requester mustset forth the necessity to submit the Request by an agent
and evidence must be attached that the agent has been duly
authorized by the Requester.
O5-4-11 If Requesters want someone else to file on their behalf (an“Agent”), then it is necessary to give proof to the Examiner that theRequesters have actually authorized the Agent ﬁling the request forinvestigation. Even if an Agent ﬁles on behalf of Requesters, thename of the principle Requester must be written in the request forinvestigation.
Evidence of authorization can be a letter written by the Requesters,
explaining why they need an Agent and who they have chosen to
be their Agent.

A sample of the request format can be seenat <http://www.jbic.go.jp/english/environ/
pdf/objection.pdf>❖ 71 ❖

Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

6.10 How do the Objection
Procedures work?
The Objection Procedures should ﬂow somewhat like the process
below.
Flowchart of the Objection Procedures

Submits
RequestReceives
RequestReceives
Notice of Receipt

within 5 businessdays of Examiner's
receipt of request

Does Preliminary
Investigation
Decides whether
or not to do Full
Investigation
Receives Noticeof Decision

InvestigatesandEncourages
Dialogues

Receives
Notice of Decision

Submits
ReportSubmits
ReportSubmits
Opinions

Gives Instructions
to O.D.
Transfers
Opinions
Implements
Instructions
Reports
on Status of
Implementation
Reports
on Status of
Implementation❖ 72 ❖

Receives
Reportwithin 3 months of
Examiner sending
Notice of Receipt
within 4 months of
Examiner sending
Notice of Receipt❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Objection Procedures

Send Request
Requesters send a request for investigation to JBIC's Office ofExaminers, including all the information explained in the section
above.
O6-1-1

Notiﬁcation of Receipt
The Examiner receives the request. The Examiner must contact
Requesters to tell them that their request has been received. This
must be done within 5 business days after the Examiner receives therequest. The Examiner will also contact the project owner, JBIC's
Operational Department, and the borrower. If Requesters do notwant the project owner to know their names, then they should writein their request to the Examiner to keep their names and contact
information conﬁdential. If Requesters do this, JBIC will not give
any information about them to the project owner or other outsiders.
Preliminary Investigation

This takes approximately one month. This is the time when the
Examiner will decide if the request should be fully investigatedO6-2-1 or not. The Examiner can ask Requesters for more information if
something in the request is unclear. JBIC is also worried that someO6-2-2 people will ﬁle requests for bad reasons, such as simply wanting to
O6-2-3 make the project owner look bad. So the Examiner will also checkthe motive to make sure that Requesters want an investigation
because they sincerely feel that the Guidelines were not followed
and they are suﬀering as a result.
O6-2-4

Decision to begin the Investigation
The Examiner will decide if an investigation should be done
based on the information in the request. The Examiner can also
O6-3-3 suspend the process if the problems described in the request are
already being addressed in a court or other official proceeding.
The Examiner will contact the Requesters, the project owner, theborrower, and JBIC's Governor about the decision. If the ExaminerO6-3-1❖ 73 ❖

Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

decides that an investigation should not be done, Requesters canﬁle a new request, but they must give new information or raise a
diﬀerent problem. If a request is rejected, Requesters can send theirO6-3-5 opinion about the rejection to the Examiner.
O6-3-4

Investigation and Encouragement of Dialogues

O6-4-1
O6-4-2O6-4-3O6-4-4O6-4-5At this stage, the Examiner will interview various people andcollect information about the project and the problems raised by
Requesters. The Examiner might interview the Requesters, otherpeople in the Requesters' community, JBIC staﬀ, the project owner,
specialists, and government officials in the relevant country. The
Examiner might also mediate dialogues between Requesters andthe project owner to try to reach an agreement on the problems.
The Examiner must remain neutral in these discussions.
Report to Governor

The Examiner must write a report of the results of the investigation
within three months of the date that the Examiner sends notice to
the Requesters that the request for investigation had been received.
In this report, the Examiner will explain if the JBIC Guidelines
were violated or not. The progress of any dialogues and agreements
between Requesters and the project owner or borrower will also
be written in the report. The Examiner can request a 2-monthO6-5-4 extension for investigation if necessary. If the Examiner ﬁnds that
O6-5-2 the Guidelines have been violated, recommendations to bring JBIC
into compliance will also be included in the report.
O6-5-1

O6-5-5❖ 74 ❖A report will be sent to Requesters, as well as the borrower, theproject owner, and others involved. Requesters and others who
receive the report can send comments to the Examiner. The
Examiner may send these remarks to the Operational Department
if they are useful for monitoring.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Objection Procedures

Opinion of the Operational Department
O6-6-1The Operational Department will send its opinions about the
Examiner's report to the JBIC Governor within one month. If the
Examiner found violations of the Guidelines, then the Operational
Department must also write what it will do to bring JBIC into
compliance.
Follow-up:

JBIC's Governor will give instructions that the Operational
Department must follow. The Operational Department will also
O6-7-2 tell the Examiner about the progress in following the Governor's
instructions. The Examiner can write these things in his/her annual
report.
O6-7-1

O7-1

6.11 Information Disclosure under
the Objection Procedures
Generally, as much information as possible will be made available
to the public. Some information will be sent directly to Requesters,
borrowers, and project owners. Most of that information will also
be made available on the Examiner's website.

O7-2

The Examiner will notify the Requesters, the borrower, and the
project owner when he/she receives a request, and also when adecision is made about whether to do the investigation or not.
These notiﬁcations will be done in writing.
The Examiner's report and the opinions of the Operational
Department will be sent to the parties concerned and will also bemade available to the public on JBIC's website. Information about
individuals and corporations that is not required to be disclosed
will be removed from documents before being made open to the
public.

❖ 75 ❖

Chapter 6 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

O7-1

The Examiner will also show, on the website, when a request has
been accepted and which stage the investigation is at.
Other information, including the request itself and otherdocuments provided by the Requesters, are not made public by
JBIC. If Requesters want the documents they send to JBIC to
be disclosed, they need to tell JBIC to do so. Requesters can also
disseminate such documents themselves by e-mail, on a website, orin other ways convenient for them.

❖ 76 ❖

Chapter

Beyond JBIC's
Guidelines

7.1

It is only one tool

The Guidelines and the Objection Procedures are tools that people
affected by development projects and NGOs can use in theirefforts to oppose destructive projects financed by JBIC. Please
remember, however, that they are only one set of tools. In order
to eﬀectively oppose projects, it is very important to use diﬀerent
ways to send your message to project owners and to JBIC. If you
expect a project that JBIC is involved in will cause damage to yourenvironment and community, it is important to take action at theearliest stage possible. Do not use only JBIC's Guidelines andObjection Procedures. We recommend strongly that you contact
Japanese NGOs, raise your concerns with your own government,
find people in your government who understand your concerns,
launch campaigns against the development project, or use othernon-violent ways of protest that are eﬀective in your country. If you
use a combination of ways to raise your concerns, there is a betterchance of getting your concerns addressed.

❖ 77 ❖

7

Chapter 7 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

7.2 Use other guidelines andstandards to help you
In the Guidelines, there are many expressions that are not clear in
their meaning. Some people could read them to be strongly in favorof communities affected by development projects. Other people
could read them to be strongly in favor of the project owner. It isvery important that we push JBIC to interpret the Guidelines sothat they actually protect the rights of affected communities. To
do this, it is not enough to use only JBIC's Guidelines. It is also
3-4-3 important to show JBIC when other countries or other financial
institutions have standards that are higher than JBIC's. JBIC's
Guidelines themselves say that JBIC will refer to the standards
and good practices of other developed countries, internationalorganizations, and regional organizations.
It is possible that JBIC does not know, or does not have an interestin applying all the different standards of other institutions andcountries. The World Bank's safeguard policies and the Universal
Declaration of Human Rights are typical examples of suchstandards. If you know of other laws, guidelines, or examples of
how other institutions helped protect the rights of aﬀected people,
then it is useful to explain these things to JBIC. If you can pointout these higher standards and how they could have prevented the
problems you are facing, this will pressure JBIC to improve theway they work, and to interpret the Guidelines in favor of aﬀected
communities. JBIC does not want to be known to have lower
standards than other institutions.

❖ 78 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Beyond JBIC's Guidelines

7.3 If you are concerned
about an old project, you
might still want to try using
the Objection Procedures
Both the Guidelines and Objection Procedures are supposed to
be used only for projects for which loans were requested after
1 October 2003. We believe, however, that it is not necessary
to follow this strictly. For example, when the World Bank
established its Inspection Panel, the private sector was not subject
to inspection. After the Inspection Panel was used, however, it
led to other independent investigations and new reforms of theWorld Bank system. In the case of JBIC, projects subject to the oldguidelines are not subject to the Objection Procedures. However, it
is possible that trying to ﬁle for an investigation of an old project
could lead to other investigations. JBIC cannot ignore complaints
about projects they are ﬁnancing, whether they are old projects or
new ones. Please look at Chapter 6 in this booklet, and consider thelimitations of the procedures. If you still think it could be helpful,
try raising your concerns through JBIC's Objection Procedures.

❖ 79 ❖

Chapter 7 ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❖ 80 ❖

Contact Information for JBIC

AppendixAJapan
q Head Ofﬁce
4-1, Ohtemachi 1-chome, Chiyoda-ku, Tokyo 100-8144, Japan
TEL: +81-3-5218-3101, Fax: +81-3-5218-3955
East and Southeast Asia
q Representative Ofﬁce in Beijing
3131,31st Floor, China World Trade Center, No.1 Jian Guo Men Wai
Avenue, Beijing 100004, The People's Republic of China
Tel.86-10-6505-8989,3825,3826,3827,3828,1196,1197
Fax.86-10-6505-3829,1198
q Representative Ofﬁce in Hong Kong
Suite 3706, Level 37,One Paciﬁc Place, 88 Queensway, Hong Kong
Tel.852-2869-8505, 8506, 8507 / Fax.852-2869-8712
q Representative Ofﬁce in Bangkok
14th Floor,Nantawan Bldg., 161 Rajdamri Road,
Bangkok, 10330, Thailand
Tel.66-2-252-5050 / Fax.66-2-252-5514,5515
q Representative Ofﬁce in Hanoi
6th Floor, 63 Ly Thai To Street, Hanoi, Viet Nam
Tel.84-4-8248934,8248935,8248936 / Fax.84-4-8248937
q Representative Ofﬁce in Jakarta
Summitmas II 7th Floor, Jl. Jenderal Sudirman, Kav.61-62,❖ 81 ❖

Appendix A ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Jakarta Selatan, Jakarta, Indonesia
Tel.62-21-522-0693 / Fax.62-21-520-0975
q Representative Ofﬁce in Kuala Lumpur
22nd Floor, UBN Tower, Letter BOX No.59,
Jalan P.Ramlee 50250, Kuala Lumpur, Malaysia
Tel.60-3-2072-3255,2201,2202 / Fax.60-3-2072-2115
q Representative Ofﬁce in Manila
31st F, Citibank Tower, Valero St. corner Villar St.,
Makati, Metro Manila, Philippines
Tel.63-2-848-1828, 63-2-752-5682/Fax.63-2-848-1833,1834,1835
q Representative Ofﬁce in Singapore
9 Raﬄes Place, #53-01 Republic Plaza, Singapore 048619
Tel. 65-6557-2806 / Fax. 65-6557-2807
South Asia
q Representative Ofﬁce in Colombo
Level 13,Development Holdings 42, Navam Mawatha,
Colombo 2, Sri Lanka
Tel.94-11-230-0470 / Fax.94-11-230-0473
q Representative Ofﬁce in Dhaka
IDB Bhaban(5th ﬂoor), E/8-A, Begum Rokeya Sharani,
Sher-E-Bangla Nagar, Dhaka 1207,Bangladesh
Tel.880-2-811-4081,6700 / Fax.880-2-811-3336
q Representative Ofﬁce in Islamabad
5th Floor, Evacuee Trust Complex,
Aga Khan Road, F-5/1 Islamabad, Pakistan
Tel.92-51-2820119 / Fax.92-51-2822546
q Representative Ofﬁce in New Delhi
3rd Floor, DLF Centre, Sansad Marg, New Delhi, 110001, India
Tel.91-11-2371-4362, 4363, 7090, 6200
Fax.91-11-2371-5066, 91-11-2373-8389
Russiaq Representative Ofﬁce in Moscow
123610 Moscow, Krasnopresnenskaya Nab.12,
World Trade Center, Oﬃce No.905, Russian Federation
Tel.7-095-258-1832,1835,1836 / Fax.7-095-258-1858❖ 82 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊ Contact Information for JBIC

Africaq Representative Ofﬁce in Cairo
Abu El Feda Bldg., 16th Floor, 3 Abu El Feda Street,
Zamalek, Cairo, Egypt
Tel.20-2-738-3608,3609 / Fax.20-2-738-3607
q Representative Ofﬁce in Nairobi
6th Floor, International House, Mama Ngina Street,
P.O.Box 49526, 00100 Nairobi,Kenya
Tel.254-20-221420,221637 / Fax.254-20-221569
Latin America
q Representative Ofﬁce in Bogota
Calle 114 No 9-45 Torre B, Oﬃcina 601,
Teleport Business Park, Bogota,D.C., Colombia
Tel.57-1-629-2436,2437,2438 / Fax.57-1-629-2707
q Representative Ofﬁce in Buenos Aires
Av.Del Libertador No.498, Piso19, 1001 Capital Federal,
Buenos Aires, Argentina
Tel.54-11-4394-1379,1803 / Fax.54-11-4394-1763
q Representative Ofﬁce in Lima
Av. Canaval Moreyra No 380, San Isidro, Lima 27, Peru
Tel.51-1-442-3031 / Fax.51-1-440-9657
q Representative Ofﬁce in Mexico City
Paseo de la Reforma 265 Piso-16, Col.
Cuauhtemoc, Mexico,D.F.06500, Mexico
Tel.52-55-5525-67-90 / Fax.52-55-5525-34-73
q Representative Ofﬁce in Rio de Janeiro
Praia de Botafogo, 228- 801 B, Botafogo,
CEP.22359-900, Rio de Janeiro, RJ, Brazil
Tel.55-21-2553-0817 / Fax.55-21-2554-8798
OFFICE OF EXAMINERS IN CHARGE OF ENVIRONMENTAL
GUIDELINES
Address: Japan Bank for International Cooperation
Oﬃce of Examiners in Charge of Environmental Guidelines
4-1, Ohtemachi 1-chome, Chiyoda-ku, Tokyo 100-8144 JAPAN
FAX.+81-3-5218-3946
E-mail:sinsayaku@jbic.go.jp❖ 83 ❖

Contact Information for theJapanese Government

Appendix

Ministry of Foreign Affairs(In case of Yen Loan Project)
Loan Aid Division, Economic Cooperation Bureau,
Ministry of Foreign Aﬀairs
Kasumigaseki 2-2-1, Chiyoda-ku, Tokyo 100-8919 Japan
Tel: +81-3-3580-3311, Fax: +81-3-5501-8370
Ministry of Economy, Trade and Industry(In case of Yen Loan Projects)
Financial Cooperation Division, Trade and Economic Cooperation
Bureau, Ministry of Economy, Trade and Industry
1-3-1, Kasumigaseki, Chiyoda-ku, Tokyo 100-8901 Japan
Tel: +81-3-3501-1511
Ministry of Finance(In case of Yen Loan Project and IFO Project)
Development Finance Division, International Bureau,
Ministry of Finance3-1-1, Kasumigaseki, Chiyoda-ku, Tokyo 100-8940 Japan
Tel: +81-3-3581-4111❖ 84 ❖B

Contact Information forJapanese NGOs

Appendix

C

While there are many NGOs in Japan, a limited number actively engage theJapanese government in policy dialogues to reform official aid policies. All
the NGOs below have experience in advocating for the rights of communities
affected by projects financed by Japanese development aid. Please read thedescriptions below and contact the organization that most closely ﬁts your areaof concern.
FoE Japan (Friends of the Earth Japan)
3-17-24-2F Mejiro, Toshima-ku, Tokyo 171-0031 Japan
TEL: +81-3-3951-1081, FAX: +81-3-3951-1084
E-mail: ﬁnance@foejapan.org
FoE Japan's Public Finance and Environment Program monitors JBIC
activities as well as those of NEXI (Nippon Export and Investment
Insurance). FoE Japan has developed networks in Southeast Asia,
especially in the Philippines. FoE Japan was an active participant in
consultations with JBIC to develop and establish the new Guidelines.
Japan Center for a Sustainable Environment and Society(JACSES)
2F Kowa Hiro-o Bldg., 5-2-32 Minami Azabu,
Minato-ku, Tokyo 106-0047 Japan
Tel: +81-3-3447-9585 Fax: +81-3-3447-9383
Email: jacses@jacses.org
JACSES has focused its activities on policy analysis of multilateraldevelopment banks, and is now developing its networks in South Asia.
JACSES has experience monitoring an ADB project in Pakistan andalso participated in public consultations with JBIC to establish the new
Guidelines.
❖ 85 ❖

Appendix C ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Japan NGO Network on Indonesia (JANNI)
5F Maruko Bldg., 1-20-6 Higashi-ueno, Taito-ku,
Tokyo 110-0015 Japan
Tel: +81-3-5818-0507 Fax: +81-3-5818-0520
E-mail: janni@jca.apc.org
JANNI's activities focus on issues of human rights, environment anddevelopment in Indonesia. JANNI conducts research and advocates
for the rights of communities in cooperation with Indonesian NGOs.
JANNI also addresses problems of Japanese ODA to Indonesia andadvocates for its improvement.
Mekong Watch
2F Maruko Bldg., 1-20-6 Higashi-ueno, Taito-ku,
Tokyo 110-0015 Japan
Tel: +81-3-3832-5034, Fax: +81-3-3832-5039
E-mail: info@mekongwatch.org
Mekong Watch focuses its activities on the Mekong Region (namely
Burma, Cambodia, Laos, Thailand, Vietnam, and Yunnan Province ofChina). Activities include research and networking with communities
and NGOs in the Mekong Region, and advocating for improved
bilateral and multilateral aid policies in Japan, including JBIC's new
Guidelines.
JBIC Watch
http://www.jbic-watch.net/
The four NGOs listed above decided to put together a website to provide
important information in English that JBIC provides only in Japanese.
The information on this page includes the names and location of projects
that JBIC is thinking about ﬁnancing. It also gives information about theavailability of documents such as Environmental Impact Assessments.
This is a good place to get initial information about projects at an earlystage.

❖ 86 ❖JBIC Environmental Guidelines

AppendixD

Editorial Note: Paragraph numbers marked on the left side of the Guidelines (beginning on page89) have been added for the purpose of this handbook. These paragraph numbers do not appear in theoriginal text.

Japan Bank for International Cooperation Guidelines
for Conﬁrmation of Environmental
and Social Considerations
April 2002
Japan Bank for International Cooperation
Preface
Japan Bank for International Cooperation (hereinafter referred to as"JBIC") establishes and makes public "JBIC Guidelines for Confirmationof Environmental and Social Considerations" (hereinafter referred toas the "Guidelines") with the objective of contributing to efforts by
the international community, particularly developing regions, towards
sustainable development, through consideration of the environmental andsocial aspects in all projects (hereinafter referred to as "project" or "projects")
subject to lending or other financial operations (hereinafter collectively
referred to as "funding") by JBIC. Environmental and social considerations
refer not only to the natural environment, but also to social issues such as
involuntary resettlement and respect for the human rights of indigenous
peoples (hereinafter collectively referred to as "environment"). The
Guidelines apply commonly to JBIC's International Financial Operations
and Overseas Economic Cooperation Operations.
The Guidelines have been formulated on the basis of Japan's approach tointernational co-operation in environmental conservation, discussions about
the international framework on environmental and social considerations andhuman rights, and discussions held at the Organisation for Economic CoOperation and Development (OECD) regarding common approaches to theenvironment and public export credits, which requires consistency between❖ 87 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

public export credit policies and environmental conservation policies, andalso regarding good environmental practices of the Development AssistanceCommittee (DAC) and other issues. The Guidelines will be reviewed asnecessary in future, taking into account future progress made in these areas.
While encouraging appropriate consideration of the environment andsocial aspects in projects subject to funding, it is JBIC's policy to provide
active support to projects that promote environmental conservation and toprojects that contribute to the protection of the global environment, suchas projects to reduce greenhouse gas emissions. JBIC also has a policy of
being actively involved in the support of enhancing environmental and social
considerations in developing countries.
Contents
Part 1
1.
JBIC's Basic Policies Regarding Conﬁrmation of Environmental andSocial Considerations
2.
Objectives and Meaning of the Guidelines
3.
Basic Principles Regarding Conf irmation of Environmental andSocial Considerations
4.
Procedu res for Con f i r mat ion of Env i ron menta l a nd S oc ia l
Considerations
5.
Disclosure of Information Regarding Conﬁrmation of Environmental
and Social Considerations by JBIC
6.
Taking Environmental Reviews into Account for Decision-making
and Loan Agreements
7.
Ensuring Appropriate Implementation of and Compliance with the
Guidelines
8.
Implementation and Review of the Guidelines
Part 2(NB)
1.
Environmental and Social Considerations Required for Funded
Projects
2.
EIA Reports for Category A Projects
3.
Illustrative List of Sensitive Sectors, Characteristics and Areas
4.
Information Required for Screening Process
5.
Checklist Categories and Items
6.
Items Requiring Monitoring
NB: Part 2 is inseparable from Part 1.

❖ 88 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines[Part 1]
1.

J B I C 's B asic Po lici es Re g ar d ing Co n f irm a t io n o fEnvironmental and Social Considerations

1-1

JBIC conf irms that project proponents are undertaking appropriate
environmental and social considerations, through various measures, so as toprevent or minimize the impact on the environment and local communities
which may be caused by the projects for which JBIC provides funding,and not to bring about unacceptable effects. It will thus contribute to thesustainable development of developing regions.

1-2

In its conﬁrmation of environmental and social considerations, JBIC places
importance on dialogue with the host country (including local governments),
borrowers and project proponents (hereinafter collectively referred toas "borrowers and related parties”) regarding environmental and social
considerations, while respecting the sovereignty of the host country. It also
takes note of the importance of transparent and accountable processes, aswell as the participation in those processes of stakeholders in the project
concerned, including local residents and local NGOs aﬀected by the project(hereinafter referred to as "stakeholders"). JBIC makes clear in its Guidelines
the environmental and social considerations required for projects to receive
JBIC's funding, and conﬁrms those environmental and social considerations.

1-3

In making its funding decisions, JBIC conducts screenings and reviews ofenvironmental and social considerations to conﬁrm that the requirements are
duly satisﬁed.

1-4

JBIC makes the utmost efforts to ensure that appropriate environmental
and social considerations are undertaken, in accordance with the nature of
the project for which JBIC provides funding, as stated in the Guidelines,
through such means as loan agreements.

1-5

Following funding decisions, if necessary, JBIC will monitor or take steps
over a certain period of time to encourage borrowers and related parties
to ensure that appropriate environmental and social considerations areundertaken.

1-6

In cases where it is involved in the planning and preparatory stages of a
project, JBIC will take steps to encourage borrowers and related parties toundertake appropriate environmental and social considerations from theearliest stage possible.

❖ 89 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

1-7

JBIC consistently strives to improve its organizational structure andoperational capacity to achieve sufficient and effective confirmation ofenvironmental and social considerations.
2. Objectives and Meaning of the Guidelines

2-1

The objective of the Guidelines is to encourage project proponents
to implement appropriate environmental and social considerations inaccordance with the Guidelines, by making clear its procedures (both before
and after funding decisions are made), criteria for decision-making andrequirements which projects subject to funding are to meet. In so doing,
JBIC endeavors to ensure transparency, predictability and accountability in
its conﬁrmation of environmental and social considerations.
3. Basic Principles Regarding Conﬁrmation ofEnvironmental and Social Considerations

3-1(1) Parties Responsible for Environmental and Social Considerations

3-1-1

The project proponents are responsible for environmental and social
considerations for the project. JBIC conﬁrms such considerations in light of
the Guidelines.

3-1-2

JBIC encourages project proponents seek ing funding from JBIC toundertake appropriate environmental and social considerations in accordancewith the nature of the project, based on the principles listed in Section 1 ofPart 2 of the Guidelines.
(2) Conﬁrmation of Environmental and Social Considerations by JBIC

3-2-1

JBIC does the following to conﬁrm environmental and social considerations;(a) classiﬁes the project into one of the categories listed in Section 4.(2) ofPart 1 (hereinafter referred to as "screening");(b) conducts a review of environmental and social considerations when
making a decision on funding, to confirm that the requirements are
duly satisﬁed (hereinafter referred to as "environmental review"); and(c) conducts monitoring and follow-up after the decision has been made on
funding (hereinafter, such monitoring and follow-up processes will be
simply referred to as "monitoring").

❖ 90 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines

3-2-2

JBIC conducts screening and environmental reviews of projects for which it
intends to provide funding before it makes decisions on funding.

3-2-3

In light of the Guidelines and taking into account the characteristics of the
project and the particular circumstances of the country and its location,
JBIC confirms in its environmental reviews: 1) whether appropriate andsufficient consideration is given to environmental and social issues before
the implementation of the project, 2) whether appropriate environmental
and social considerations can be expected after JBIC makes decisions on thefunding of the project in light of such factors as the state of preparation by
the project proponent and host government, their experience, operational
capacity, and the state of securing funds, as well as external factors of
instability.

3-2-4

From the standpoint that conf irmation of environmental and social
considerations is an important aspect in the risk assessment for the funding,
JBIC carries out environmental reviews in strict conjunction with its
ﬁnancial, economic and technical review of projects.

3-2-5

As well as undertaking eﬃcient pre-funding screening and environmental
reviews through the appropriate use of "screening forms" and "environmental
checklists", amongst other means, JBIC places emphasis on post-funding
monitoring.
(3) Information Required for Conﬁrmation of Environmental and Social
Considerations

3-3-1

JBIC conducts screening and environmental reviews based principallyon information provided by borrowers and related parties (in the case ofexport ﬁnance, including exporters). However, JBIC may request additional
information from the borrowers and related parties when necessary.

3-3-2

JBIC recognizes the importance of information received not only from theborrowers and related parties but also from governments and organizationsof host countries, co-f inanciers and stakeholders, and utilizes suchinformation in its screening and environmental reviews.

3-3-3

With respect to projects that are co-ﬁnanced by other ﬁnancial institution(s),JBIC endeavors to exchange information on environmental and social
considerations with the other institution(s) concerned.

3-3-4

For Category A projects (see Section 4.(2) of Part 1), JBIC checks the extent
of stakeholder participation and information disclosure being undertaken for❖ 91 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

the project, in accordance with the environmental impact assessment systemsof the host country.
3-3-5

JBIC may, when necessary, conduct surveys of proposed project sites by
dispatching environmental experts to confirm environmental and social
considerations.

3-3-6

JBIC may, when necessary, seek and make use of opinions from outside
experts.
(4) Standards for Conﬁrmation of Appropriateness of Environmental andSocial Considerations

3-4-1

JBIC in principle conducts environmental reviews to conﬁrm that projects
meet the requirements for environmental and social considerations stated in
the Guidelines in the following ways:

3-4-2

JBIC ascertains whether a project complies with environmental laws andstandards, of the host national and local governments concerned, as well as
whether it conforms to their environmental policies and plans.

3-4-3

JBIC also uses, as reference points or benchmarks, examples of standards
and/or good practices regarding environmental and social considerations
established by international and regional organizations and developed
countries such as Japan. If JBIC believes the environmental and social
considerations of the project substantially deviate from these standards andgood practices, it will consult with the host governments (including local
governments), borrowers and project proponents to conﬁrm the backgroundand rationale for this deviation.

3-4-4

JBIC takes note of the importance of good governance with regard toprojects for the sake of appropriate environmental and social considerations.
(5) Taking into Account for Funding Decisions

3-5-1❖ 92 ❖JBIC takes the outcomes of its environmental reviews into account for
decisions on funding. If, as a result of its environmental review, JBIC judgesthat appropriate environmental and social considerations are not ensured, it
will encourage the project proponent, through the borrower, to undertake
appropriate environmental and social considerations. If appropriate
environmental and social considerations are not undertaken, there may becases where funding is not extended.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines

4. Procedures for Conﬁrmation of Environmental andSocial Considerations

4-1-1(1) Screening
Before starting an environmental review of a project, JBIC classifies the
project into one of the following categories. The subsequent environmental
review will then be conducted in accordance with the procedures for thatcategory.

4-1-2

JBIC requests the borrowers and related parties to submit the necessary
information promptly so that it may perform the screening process at an
early stage.

4-1-3

During the screening process, JBIC classifies each project in terms of its
potential environmental impact, taking into account such factors as: thesector and scale of the project, the substance, degree and uncertainty of its
potential environmental impact and the environmental and social context ofthe proposed project site and surrounding areas.

4-1-4

JBIC may revise the categorization when necessary, e.g., in cases whereenvironmental impact worth considering comes to light even after thescreening based on the information provided by the borrowers and relatedparties is performed.

4-2-1

4-2-2

(2) Categorization
Category A: A proposed project is classified as Category A if it is likely
to have significant adverse impact on the environment. A project withcomplicated impact or unprecedented impact which are diff icult toassess is also classified as Category A. The impact of Category A projects
may affect an area broader than the sites or facilities subject to physicalconstruction. Category A, in principle, includes projects in sensitive sectors(i.e., sectors that are liable to cause adverse environmental impact) or withsensitive characteristics (i.e., characteristics that are liable to cause adverse
environmental impact) and projects located in or near sensitive areas. An
illustrative list of sensitive sectors, characteristics and areas is given in
Section 3 of Part 2.
Category B: A proposed project is classiﬁed as Category B if its potential
adverse environmental impact is less adverse than that of Category A
projects. Typically, this is site-speciﬁc, few if any are irreversible, and in mostcases normal mitigation measures can be designed more readily. Projects
funded by Engineering Service Loans that are yen loans for survey and❖ 93 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

design, are classiﬁed as Category B, with the exception of those belonging toCategory C.
4-2-3

Category C: A proposed project is classiﬁed as Category C if it is likely tohave minimal or no adverse environmental impact. Projects that correspondto one of the following are, in principle, classiﬁed as Category C, with the
exception of projects with sensitive characteristics and projects located insensitive areas as indicated in Section 3 of Part 2:
1) Projects for which the JBIC's share is not above SDR 10 million;2) Sectors or projects in which no particular environmental impact
would be normally expected (e.g., human resources development,
support for international balance of payments, maintenance of existing
facilities, acquisition of rights and interests without additional capital
investment); or
3) Cases in which there is only minor involvement of the project by
the borrower or JBIC, such as the export/import or lease of items ofmachinery or equipment that is not connected with a particular project,
and where there would be little reasonable signif icance in JBIC'sconducting an environmental review.

4-2-4Category FI: A proposed project is classified as Category FI if it satisfies
all of the following: JBIC's funding of the project is provided to a ﬁnancial
intermediary etc.; the selection and assessment of the actual sub-projects issubstantially undertaken by such an institution only after JBIC's approvalof the funding and therefore the sub-projects cannot be specified prior to
JBIC's approval of funding (or assessment of the project); and those subprojects are expected to have potential impact on the environment.

4-3-1

4-3-2

❖ 94 ❖(3) Environmental Review for Each Category
After the screening process, JBIC carries out environmental reviews
according to the following procedures for each category.
Category A: Environmental reviews for Category A projects examine thepotential negative and positive environmental impact of projects. JBIC
evaluates measures necessary to prevent, minimize, mitigate or compensate
for potential negative impact, and measures to promote positive impact
if any such measures are available. Borrowers and related parties must
submit Environmental Impact Assessment (EIA) reports (see Section 2 ofPart 2) for Category A projects. For projects that will result in large-scale
involuntary resettlement, basic resettlement plans must be submitted. JBIC
undertakes its environmental reviews based on the EIA and other reports
prepared by the project proponents and submitted through the borrower.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines

4-3-3

Category B: The scope of environmental reviews for Category B projects
may vary from project to project, but it is narrower than that for Category
A projects. The environmental reviews for Category B are similar tothat of category A in that they examine potential negative and positiveenvironmental impact and evaluate measures necessary to prevent, minimize,mitigate or compensate for the potential negative impact, and measures topromote positive impact if any such measures are available. JBIC undertakes
its environmental reviews based on information provided by borrowers andrelated parties. Where an EIA procedure has been conducted, the EIA
report may be referred to, but this is not a mandatory requirement.

4-3-4Category C: For projects in this category, environmental reviews will notproceed beyond screening.

4-3-5

Category FI: JBIC checks through the financial intermediary etc. to see
whether appropriate environmental and social considerations as stated in the
Guidelines are ensured for projects in this category.

4-3-6

The corresponding environmental checklists for each sector will be referred
to in conducting the aforementioned reviews.

4-4-1(4) Monitoring
JBIC in principle confirms through the borrower over a certain periodof time, the results of monitoring the items which have a signif icant
environmental impact by the project proponents. This is in order toconfirm the project proponents' undertaking of environmental and social
considerations for category A and B projects.

4-4-2

The information necessary for monitoring by JBIC needs to be supplied by
the borrowers and related parties by appropriate means. When necessary,
JBIC may also conduct its own investigations.

4-4-3

When third parties point out in concrete terms that environmental and social
considerations are not being fully undertaken, JBIC forwards such claims
to the borrowers and, if necessary, encourages them to request the project
proponents to take appropriate action. In the project proponents' response to
the claim, JBIC conﬁrms that they carry out the investigation of the speciﬁc
claim, the examination of countermeasures, and their incorporation into theproject plans through transparent and accountable processes.

4-4-4Also, when necessary, JBIC may request the cooperation of the borrowers
and related parties in conducting its own investigations to conﬁrm the stateof undertaking of environmental and social considerations.

❖ 95 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

4-4-5

If JBIC judges that there is a need for improvement in the situation withrespect to environmental and social considerations, it may ask the project
proponent, through the borrower, to take appropriate action in accordancewith the loan agreement. If the response of the project proponent is
inappropriate, JBIC may consider taking its own actions in accordance withthe loan agreement, including the suspension of the disbursement.
5. Disclosure of Information Regarding Conﬁrmation ofEnvironmental and Social Considerations by JBIC

5-1-1

(1) Basic Principles
JBIC welcomes information provided by concerned organizations andstakeholders, so that it may consider a diverse range of opinions andinformation in its environmental reviews and supervision of projects.

5-1-2

In order to encourage concerned organizations and stakeholders to provide
information to JBIC at an early stage and to ensure its accountability andtransparency in the environmental review process, JBIC makes available,
important information on environmental reviews in ways appropriate to thenature of the project, while the environmental review is in progress. JBIC
may also, when necessary, seek the opinions of concerned organizations andstakeholders.

5-1-3

In addition to the aforementioned principles, if requested by third parties,
JBIC will provide them with information regarding environmental andsocial considerations within its capacity to do so.

5-1-4

JBIC respects the conﬁdentiality of the commercial and other matters of theborrowers and related parties, and observes concurrently the principles of
information disclosure and such conﬁdentiality.

5-2-1(2) Timing of Disclosure and Content of Disclosed Information
Prior to making decisions on funding and depending on the nature of the
project, JBIC discloses information in principle at the timing and with thecontents listed below. JBIC endeavors to disclose information in a mannerthat allows enough time before decisions are made on funding:❑❖ 96 ❖

Upon completion of the screening of a project, JBIC discloses, as soon
as possible, the project name, country, location, an outline and sector of
the project, and its category classiﬁcation, as well as the reasons for thatclassiﬁcation; and❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❑JBIC Guidelines

For Category A and Category B projects, JBIC publishes the status ofmajor documents on environmental and social considerations by theborrowers and related parties, such as EIA reports and environmental
permit certificates, etc. issued by the host government on the JBIC
website, and promptly makes available the EIA reports etc.

5-2-2

A fter executing a loan agreement, JBIC provides the results of its
environmental reviews of projects in Categories A, B and FI for public
perusal on the JBIC website.

5-2-3

JBIC pays due consideration to the confidentiality of the commercial andother matters of the borrowers and related parties, taking into account theircompetitive relationships, and encourages them to exclude such conﬁdential
information from any documents on environmental considerations submitted
by them that may later be subject to public disclosure. Any information thatis prohibited from public disclosure in the agreement between JBIC and theborrower may be disclosed only with either the agreement of the borrowers
and related parties or in accordance with legal requirements.
6. Taking Environmental Reviews into Account for
Decision-making and Loan Agreements

6-1

JBIC takes the results of environmental reviews into account for its decisionmaking on funding. If JBIC considers that a project is likely to have an
adverse impact on the environment due to inappropriate environmental andsocial considerations, it will encourage, through the borrower the project
proponent to undertake appropriate environmental and social considerations.
If appropriate environmental and social considerations are not undertaken,
JBIC may decide not to extend funding.

6-2

JBIC will make its utmost eﬀort to ensure that the following requirements
are met through loan agreements or their attached documents, when it isconsidered necessary to ensure the enforcement of environmental and social
considerations by borrowers and related parties:❑

The borrower is to report to JBIC on measures and monitoring related
to environmental and social considerations undertaken by the project
proponents. If, due to unforeseen circumstances, there is a possibility
that the requirements for environmental and social consideration may
not be fulﬁlled, the borrower is to report this to JBIC;❑

If any problems regarding environmental and social considerations❖ 97 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

❑

❑

7.
7-1

8-2

Ensuring Appropriate Implementation of andCompliance with the Guidelines

JBIC endeavors to ensure appropriate implementation of the policies andprocedures stated in the Guidelines and compliance with the Guidelines. In
order to ensure its compliance with the Guidelines, JBIC accepts objections
regarding its non-compliance with the Guidelines and takes the necessary
actions.
8.

8-1

arise, the borrower is to make eﬀorts for discussions to be held between
the project proponents and project stakeholders;
When project proponents and the host governments (including local
governments) other than the borrower have important roles to play interms of environmental and social considerations, the borrower is toendeavor to enter into agreements with these parties as well; andIf it becomes evident that the borrower and the project proponents havenot met the conditions required by JBIC under the Guidelines, or if it
becomes apparent that the project will have an adverse impact on theenvironment after funding is extended, due to the borrower's or relatedparties' failure to supply correct information during the environmental
review process, JBIC may, in accordance with the loan agreement,
suspend the disbursement or declare all the principal outstanding at
the time, with interest and any other charges thereon, to be payable
immediately.

Implementation and Review of the Guidelines

JBIC verifies the status of the implementation of the Guidelines, and,based on its findings, conducts a comprehensive review of the Guidelines
within ﬁve (5) years of their enforcement. Revisions may then be made as
needed. When making revisions, JBIC will seek the opinions of the Japanese
Government, the governments of developing countries, Japanese companies,
experts, NGOs etc., while maintaining transparency in the process.
These Guidelines will come into force from October 1, 20 03. The"Environmental Guidelines for JBIC International Financial Operations"and "JBIC Environmental Guidelines for ODA Loans" will apply to projects
for which loan applications have essentially been made before the enactmentof these Guidelines.
N.B.: If there is any ambiguity in English version and/or any inconsistency
with Japanese version, the Japanese version prevails.

❖ 98 ❖

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P1

Part 2
1.

P1-1-1P1-2-1P1-2-2P1-2-3P1-2-4P1-3-1P1-3-2JBIC Guidelines

Environmental and Social Considerations Required forFunded Projects

In principle, appropriate environmental and social considerations areundertaken, according to the nature of the project, based on the following:(Underlying Principles)❑ Environmental impact which may be caused by a project must be
assessed and examined from the earliest planning stage possible.
Alternative proposals or minimization measures to prevent or reduce
adverse impact must be examined and incorporated into the projectplan;❑ Such examination must include analysis of environmental costs andbeneﬁts in as quantitative terms as possible and be conducted in close
harmony with economic, financial, institutional, social and technicalanalysis of the project;❑ The f indings of the examination of env ironmenta l and socia lconsiderations must include alternative proposals, mitigation measuresand be recorded as separate documents or as a part of other documents.
Environmental Impact Assessment (EIA) reports must be produced for
projects in which there is a reasonable expectation of particularly large
adverse environmental impact; and❑ For projects that have particularly large potential adverse impact or are
highly contentious, a committee of experts may be formed to seek theiropinions, in order to increase accountability.
(Examination of Measures)❑ Multiple alternative proposals must be examined to prevent or
minimize adverse impact and to choose a better project option in termsof environmental and social considerations. In examination of measures,priority is to be given to the prevention of environmental impact, andwhen this is not possible, minimization and reduction of impact must be
considered next. Compensation measures must be examined only when
impact cannot be prevented by any of the aforementioned measures; and❑ Appropriate follow-up plans and systems, such as monitoring plans
and environmental management plans, must be prepared; and costs ofimplementing such plans and systems, and ﬁnancial methods to fundsuch costs, must be determined. Plans for projects with particularly
large potential adverse impact must be accompanied by detailed
environmental management plans.

❖ 99 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P1-4-1P1-4-2

P1-5-1

P1-5-2

P1-6-1

P1-6-2❖ 100 ❖

(Scope of Impact to be Examined)❑ Environmental impact to be investigated and examined includes
factors that impact human health and safety as well as the naturalenvironment, such as: air, water, soil, waste, accidents, water usage,
ecosystems, and biota. Social concerns include: involuntary resettlementof the population, the indigenous people, cultural heritage, landscape,gender, children's rights and communicable diseases such as HIV/AIDS
and impact that may lead to trans-boundary and global environmental
problems; and❑ In addition to the direct and immediate impact of projects, derivative,
secondar y and cumulative impact are also to be examined andinvestigated to a reasonable extent. It is also desirable that the impact
which can occur at any time during the duration of the project becontinuously considered throughout the life cycle of the project.
(Compliance with Laws, Standards and Plans)❑ Projects must comply with laws, ordinances and standards relating toenvironmental and social considerations established by the governmentsthat have jurisdiction over the project site (including both national andlocal governments). They are also to conform to environmental andsocial consideration policies and plans of the governments that havejurisdiction over the project site; and❑ Projects must, in principle, be undertaken outside protected areas thatare speciﬁcally designated by laws or ordinances of the government forthe conservation of nature or cultural heritage (excluding projects whose
primary objectives are to promote the protection or restoration of suchdesignated areas). Projects are also not to impose significant adverse
impact on designated conservation areas.
(Social Acceptability and Social Impacts)❑ Projects must be adequately coordinated so that they are accepted
in a manner that is socially appropriate to the country and locality
in which the project is planned. For projects with a potentially large
environmental impact, suﬃcient consultations with stakeholders, suchas local residents, must be conducted via disclosure of information froman early stage where alternative proposals for the project plans may be
examined. The outcome of such consultations must be incorporated into
the contents of the project plan; and❑ Appropriate consideration must be given to vulnerable social groups,
such as women, children, the elderly, the poor, and ethnic minorities,
all of whom are susceptible to environmental and social impact and who
may have little access to the decision-making process within society.

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P1-7
P1-7-1

P1-7-2

P1-7-3P1-8-1

P1-9-1

P1-9-2JBIC Guidelines(Involuntary Resettlement)❑ Involuntary resettlement and loss of means of livelihood are to be
avoided where feasible, exploring all viable alternatives. When,after such examination, it is proved unfeasible, effective measures tominimize impact and to compensate for losses must be agreed uponwith the people who will be aﬀected;❑ People to be resettled involuntarily and people whose means of
livelihood will be hindered or lost must be suﬃciently compensated andsupported by the project proponents, etc. in timely manner. The project
proponents, etc. must make efforts to enable the people affected by
the project, to improve their standard of living, income opportunities
and production levels, or at least to restore them to pre-project levels.
Measures to achieve this may include: providing land and monetarycompensation for losses (to cover land and property losses), supporting
the means for an alternative sustainable livelihood, and providing
the expenses necessary for relocation and the re-establishment of acommunity at relocation sites; and❑ Appropriate participation by the people aﬀected and their communities
must be promoted in planning, implementation and monitoring of
involuntary resettlement plans and measures against the loss of theirmeans of livelihood.
(Indigenous Peoples)❑ When a project may have adverse impact on indigenous peoples, allof their rights in relation to land and resources must be respected inaccordance with the spirit of the relevant international declarations
and treaties. Eﬀorts must be made to obtain the consent of indigenous
peoples after they have been fully informed.
(Monitoring)❑ It is desirable that, after a project begins, the project proponents
monitor: (i) whether any situations that were unforeseeable before
the project began have arisen, (ii) the implementation situation andthe eﬀectiveness of the mitigation measures prepared in advance, andthat they then take appropriate measures based on the results of suchmonitoring;❑ In cases where suff icient monitoring is deemed essential for theachievement of appropriate environmental and social considerations,such as the projects for which mitigation measures shou ld be
implemented while monitoring their eﬀectiveness, project proponents
must ensure that project plans include monitoring plans which arefeasible;❖ 101 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

P1-9-3❑

P1-9-4❑P2
P2-1-1P2-2-1P2-2-2P2-2-3P2-2-4P2-2-5P2-2-6

It is desirable that project proponents make the results of the monitoringprocess available to project stakeholders; andWhen third parties point out, in concrete terms, that environmental
and social considerations are not being fully undertaken, it is desirable
that a forum for discussion and examination of countermeasures beestablished based on suficient information disclosure and include theparticipation of stakeholders in the relevant project. It is also desirable
that an agreement be reached on procedures to be adopted with a viewto resolving the problem.

2. EIA Reports for Category A Projects
The following conditions are met in principle:❑ When assessment procedures already exist in host countries, andprojects are subject to such procedures, borrowers and related parties
must oﬃcially complete those procedures and obtain the approval of thegovernment of the host country;❑ EIA reports (which may be referred to diﬀerently in diﬀerent systems)
must be written in the oﬃcial language or a language widely used in
the country where the project is to be implemented. When explaining
projects to local residents, written materials must be provided in alanguage and form understandable to them;❑ EIA reports are required to be made available in the country and to
the local residents where the project is to be implemented. The EIA
reports are required to be available at all times for perusal by projectstakeholders such as local residents and that copying be permitted;❑ In preparing EIA reports, consultation with stakeholders, such as
local residents, must take place after sufficient information has been
disclosed. Records, etc. of such consultations must be prepared;❑ Consultations with relevant stakeholders, such as local residents, shouldtake place if necessary throughout the preparation and implementation
stages of a project. Having consultations is highly desirable, especiallywhen the items to be considered in the EIA are being selected, andwhen the draft report is being prepared; and❑ It is desirable that EIA reports cover the items enumerated in the
Appendix hereto.
2. Appendix
Illustrative Environmental Impact Assessment Report for Category A
Projects [NB]

❖ 102 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines

An EIA's scope and level of detail should be decided in accordance with the
project's potential impacts. The EIA report should include the following
items (not necessarily in the order shown):❑ Executive Summary: concisely discusses signif icant f indings andrecommended actions.
❑ Policy, legal and administrative framework: discusses the policy, legal
and administrative framework within which the EIA report is to be
carried out.
❑ Project description: describes the proposed project and its geographic,
ecological, social and temporal context, including any off-site
investments that may be required (e.g. dedicated pipelines, access roads,
power plants, water supply, housing, and raw material and productstorage facilities). Indicates the need for any resettlement or social
development plan. Normally includes a map showing the project site
and the area aﬀected by the project.
❑ Baseline data: assesses the dimensions of the study area and describes
relevant physical, biological and socio-economic conditions, including
all changes anticipated before the project commences. Additionally,takes into account current and proposed development activities
within the project area but not directly connected to the project. Datashould be relevant to decisions about project site, design, operation,or mitigatory measures; the section indicates accuracy, reliability andsources of the data.
❑ Environmental Impacts: predicts and assesses the project's likely
positive and negative impacts, in quantitative terms to the extent
possible. Identiﬁes mitigation measures and any negative environmental
impacts that cannot be mitigated. Ex plores oppor t unities forenvironmental enhancement. Identifies and estimates the extent andquality of available data, essential data gaps and uncertainties associatedwith predictions, and specif ies topics that do not require further
attention.
❑ Analysis of alternatives: systematically compares feasible alternatives
to the proposed project site, technolog y, design and operation
including the "without project" situation in terms of their potential
environmental impacts; the feasibility of mitigating these impacts;
their capital and recurrent costs; their suitability under local conditions;and their institutional, training and monitoring requirements. For
each of the alternatives, quantifies the environmental impacts to theextent possible, and attaches economic values where feasible. States
the basis for selecting the particular project design proposed andoﬀers justiﬁcation for recommended emission levels and approaches topollution prevention and abatement.

❖ 103 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❑❑

Environmental Management Plan (EMP): describes mitigation,
monitoring and institutional measures to be taken during construction
and operation to eliminate adverse impacts, oﬀset them, or reduce themto acceptable levels.
Consultation: Record of consultation meetings, including consultations
for obtaining the informed views of the affected people, local nongovernmental organizations (NGOs) and regulatory agencies.

NB This Appendix is based on the World Bank Operational Policy - OP 4.01,
Annex B.
P3

3. Illustrative List of Sensitive Sectors,
Characteristics and Areas

P3-1❖ 104 ❖

1. Sensitive Sectors
Large-scale projects in the following sectors:(1) Mining(2) Oil and natural gas development(3) Oil and gas pipelines(4) Iron and steel (projects that include large furnaces)(5) Non-ferrous metals smelting and reﬁning(6) Petrochemicals (manufacture of raw materials; including complexes)(7) Petroleum reﬁning(8) Oil, gas and chemical terminals(9) Paper and pulp(10) Manufacture and transport of toxic or poisonous substances regulated
by international treaties, etc.
(11) Thermal power(12) Hydropower, dams and reservoirs(13) Power transmission and distribution lines involving large-scale
involuntary resettlement, large-scale logging or submarine electricalcables(14) Roads, railways and bridges(15) Airports(16) Ports and harbors(17) Sewage and wastewater treatment having sensitive characteristics or
located in sensitive areas or their vicinity(18) Waste management and disposal(19) Agriculture involving large-scale land-clearing or irrigation(20) Forestry(21) Tourism (construction of hotels, etc.)❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Guidelines

P3-2

2.
(1)
(2)
(3)
(4)

Sensitive Characteristics
Large-scale involuntary resettlement
Large-scale groundwater pumping
Large-scale land reclamation, land development and land-clearing
Large-scale logging

P3-3

3. Sensitive Areas
Projects in the following areas or their vicinity(1) National parks, nationally-designated protected areas (coastal areas,
wetlands, areas for ethnic minorities or indigenous peoples and cultural
heritage, etc. designated by national governments)(2) Areas considered to require careful consideration by the country or
locality
Natural Environmenta) Primary forests or natural forests in tropical areasb) Habitats with important ecological value (coral reefs, mangrove
wetlands and tidal ﬂats, etc.)c) Habitats of rare species requiring protection under domestic
legislation, international treaties, etc.
d) Areas in danger of large-scale salt accumulation or soil erosione) Areas with a remarkable tendency towards desertiﬁcation
Social Environmenta) Areas with unique archeological, historical or cultural valueb) Areas inhabited by ethnic minorities, indigenous peoples or
nomadic peoples with traditional ways of life and other areas withspecial social value

P4

4. Information Required for Screening Process
The following data shall be used in principle to conduct screening. Whennecessary, additional data may be required depending on the nature of the
project and peripheral circumstances, etc.
Items to be Listed
1. Permits and Approvals❑ Need for permits and approvals for Environmental Impact
Assessment❑ Status of acquisition of permits and approvals for EIA❑ Date of issue of permits and approvals for EIA❑ Names of organizations issuing permits and approvals for EIA❑ Status of acquisition of other environmental permits and approvals❖ 105 ❖

Appendix D ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

2.

3.

P5

Project Details❑ Location of project site
❑ Project Description❑ Relevant sector❑ Scale, etc. of project
Environmental Impact❑ Degree of environmental impact❑ Existence of sensitive areas❑ Existence of sensitive characteristics❑ Scale of sensitive characteristics

5. Categories and Items in Checklist
The checklists include the following categories and items related to theenvironment. When using these checklists, the appropriate items should bechecked based on the sector and nature of the project.
Category Item
1. Permits and approvals, explanations❑ EIA and environmental permits❑ Explanations to the Public
2. Anti-pollution measures❑ Air quality❑ Water quality❑ Waste❑ Soil contamination❑ Noise and vibration❑ Subsidence❑ Odor❑ Sediment
3. Natural environment❑ Protected areas❑ Ecosystem❑ Hydrology❑ Topography and geology❑ Management of abandoned sites
4. Social environment❑ Resettlement❑ Living and livelihood❑ Heritage❑ Landscape❑ Ethnic minorities and indigenous peoples❖ 106 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

5.

P6

JBIC Guidelines

Other❑ Impact during construction❑ Accident prevention measures❑ Monitoring

6. Items Requiring Monitoring
Items requiring monitoring shall be decided according to the sector andnature of the project, with reference to the following list of items.
Items
1. Permits and approvals, explanations❑ Response to matters indicated by authorities
2. Anti-pollution measures❑ Air quality : SO2, No2, CO, O2, soot and dust, suspended
particulate matter,❑ coarse particulate, etc.
❑ Water quality : pH, SS (suspended solids), BOD (biochemical
ox ygen demand) / COD (chemica l ox ygen demand), DO(dissolved oxygen), total nitrogen, total phosphorus, heavy metals,
hydrocarbons, phenols, cyanogen compounds, mineral oils, watertemperature, etc.
❑ Waste❑ Noise and vibration❑ Odors
3. Natural environment❑ Ecosystems : Impact on valuable species, countermeasures, etc
4. Social environment❑ Resettlement❑ Lifestyle and livelihood
NB: For air and water quality, specify whether you are monitoring emission
levels or environmental levels. Also, it should be noted that the items which
require monitoring will diﬀer depending on whether the impact in question
will occur during construction or during the operation of the project.

❖ 107 ❖JBIC Objection Procedures

AppendixE

Editorial Note: Paragraph numbers marked on the left side of the Procedures below have been
added for the purpose of this guidebook. These paragraph numbers do not appear in the original text.

Summary of Procedures to Submit Objections Concerning Japan Bank forInternational Cooperation Guidelines for Conﬁrmation of Environmental
and Social Considerations
Preamble
O1-1-

For the purpose of ensuring the compliance of Japan Bank forInternational Cooperation (hereinafter referred to as “the Bank”) with
the Bank's Guidelines for Conﬁrmation of Environmental and Social
Considerations (hereinafter referred to as the “Guidelines"), the Bank
hereby establishes the Oﬃce of Examiners in Charge of Environmental
Guidelines (hereinafter referred to as the "Examiner") that is under
the direct control of the Governor and is independent of the Bank's
departments responsible for individual lending or investment projects,
or environmental analysis (hereinafter referred to as the "Operational
Department"), and sets forth the following summary of procedures tosubmit objections concerning the Guidelines.

O1-2

-

The summary of procedures to submit objections concerning the
Guidelines is based on discussions and various opinions obtained fromdeveloping countries and from Public Consultation Forum ﬁrst held in
June 2002, which continued with the wide participation of the generalpublic including academics, industry circles, the Japanese Government
ministries and NGOs. A study of the practices at MultilateralDevelopment Banks and Export Credit Agencies of major countries
was also made to establish this summary.

Purpose of the Procedures to Submit Objections(hereinafter referred to as the Procedures")02-1❖ 108 ❖-

To investigate facts as to whether or not Japan Bank For International❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Objection Procedures

Cooperation Guidelines For Conf irmation of Environmental andSocial Considerations have been complied with by the Bank, and toreport the results thereof to the Governor, in order to ensure the Bank's
compliance with the Guidelines.
O2-2-

To encourage dialogues between the parties concerned based on theirconsent, namely, dialogues between the requester who submitted
objections (hereinafter referred to as the “Requester”) and the entity
which carries out the project (hereinafter referred to as the "Project
Proponent"), in order to assist early resolution of disputes concerning
specific environmental or social problems which are caused by the
project for which the Bank provides funding and which arose due to the
Bank's non-compliance with the Guidelines.

Basic Principles
O3-1

O3-2

O3-3
O3-4

O3-5

- Independence
The Examiner will be appointed as an organ working under the
direct control of the Governor and independent of the Operational
Department.
- Neutrality
The Examiner must hear the opinions of all parties impartially froma neutral standpoint without taking the part of the Operational
Department, the party who carries out the project or the party who
submitted objections to the project.
- Efﬁciency
The Examiner must eﬃciently process the objections submitted.
- Promptness
The Examiner must promptly complete the Procedures and mustcomplete his/her activities by submitting a report, in principle, within
three (3) months after the acceptance of request.
- Transparency
The activ ities of Examiner, while considering the pur pose ofencouraging dia log ues bet ween the parties concerned and theconfidentiality of business secrets and other secrets of the borrower
and other persons, must, in principle, be open to the public and must
contribute to the furtherance of the Bank's accountability.
Powers and Duties of Examiner

O4-1

-

In order to attain the above-mentioned purposes, the Examiner shallhave the following powers:❖ 109 ❖

Appendix E ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

*
*
*
*

O4-2

-

to freely access to the information necessary for his/her activities
including, but not limited to, documents and records possessed by
the Bank;
to interview the Bank's personnel and to ask that they submit
relevant documents;
to ask relevant departments of the Bank to make arrangements tointerview third parties including persons other than the Bank's
personnel and to request submission of relevant documents; andto use the facilities of the Bank's head oﬃce to the same extent as
the Bank's personnel.

In order to faithfully perform his/her duties, the Examiner shall havethe following obligations:*to take due care of the human rights and business interests of
the Requester and other parties concerned, and not to behave insuch a manner as to unduly injure the Requester and other parties
concerned; and*to other wise comply with the Procedures prescribed in thissummary.

Requirements to Commence the Procedures1.
O5-1

Cases coming under the Procedures

A request to submit objections (hereinafter referred to as the "Request") may
be submitted with respect to the cases in which the Bank provides funding
and in which substantial damage has actually been incurred or is likely
to be incurred in the future, due to the Bank's non-compliance with the
Guidelines.
2.

Qualiﬁcations of Requester

O5-2-1

A Request must be submitted by two or more residents of a country who
have suﬀered actual and direct damage caused by the project in question or
who are likely to suﬀer damage in the future.

O5-2-2If, in view of the particular circumstances of the region in question, etc., it
is unavoidable to do so, a Request may be submitted by an agent, provided
that, if a request is submitted by an agent, the name of principal (Requester)
must be identiﬁed and the agent has been duly authorized by the Requester.

❖ 110 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

3.

JBIC Objection Procedures

Period

O5-3-1

A Request may be submitted during the period prescribed below.

O5-3-2

A Request pointing out any Bank's non-compliance with the Guidelines
may be submitted during the period, 1) between the time when the Bank
indicates the result of its appraisal of the project in question and the time
when disbursement is completed in the case of an ODA Loan, which
requires procedures by the Japanese government, or 2) between the time
when a loan agreement is executed and the time when disbursement iscompleted in all other cases, respectively.

O5-3-3If, prior to the time when the period for submitting a Request starts as
set forth above, the Examiner receives comments concerning doubt of
the Bank's non-compliance with the Guidelines from an outside person,
the Examiner may transfer the case, as necessary, to the Operational
Department requesting that the Operational Department appropriately
respond to the comments, and report to the Governor. If the case is sotransferred, the Operational Department must faithfully respond to therequest in accordance with the Guidelines, convey the comments to theProject Proponent and report the results of its response to the Governor.

O5-3-4The Examiner may receive from the Operational Department the results of
its response, and convey the results to the person who furnished comments
or take other actions , as necessary.

O5-3-5After the completion of disbursement, a Request pointing out the fact of theBank's non-compliance with the monitoring provisions of the Guidelines
may be submitted during the period in which the Bank is monitoring thematter pursuant to the Guidelines.
4.

Contents of Request

O5-4-1

A Request must state the following contents or information in Japanese,
English or the official language of the relevant country. If the Request is
written in the oﬃcial language of the relevant country, it is necessary for the
Examiner to translate the Request into the Japanese or English language
before commencing the Procedures and, therefore, it may take some time
before the acceptance of Request is notiﬁed.

O5-4-2O5-4-3(A) Name of the Requester;(B) Address or place of contact of the Requester;❖ 111 ❖

Appendix E ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

O5-4-4O5-4-5O5-4-6O5-4-7O5-4-8O5-4-9O5-4-10❖ 112 ❖A Request must be submitted in the real name and a contact address
must be speciﬁed, provided that, unless otherwise required by law, theinformation on the Requester shall not be disclosed to outside persons.
If the Requester desires not to disclose his/her name to the Project
Proponent, the Requester may set forth such desire in the Request.
(C) Case with respect to which the Request is submitted*
Name of country*
Project site*
Outline of the project(D) Description of substantial damage actually incurred by the Requesteror substantial damage likely to be incurred by the Requester in the
future;(E) Relevant provisions of the Guidelines considered by the Requester tohave been violated and the facts constituting non-compliance alleged by
the Requester;(F) Causal nexus between non-compliance with the Guidelines and thedamage;(G) Resolution desired by the Requester;(H) Facts concerning the Requester's consultation with the Project
Proponent;
In order to encourage dispute resolution through the parties' own
eﬀorts, the Requester is requested to endeavor to have dialogues with
the Project Proponent prior to the submission of a Request. For thisreason, it is necessary to state in the Request date and time, namesof persons with whom the Requester had dialogues, the contents of
response by the other party and other detailed facts concerning theRequester's endeavors to have dialogues with the Project Proponent.
If, however, there were unavoidable reasons by which the Requester
could not endeavor to have dialogues with the Project Proponent, suchreasons should be stated.
(I) Facts concerning the Requester's consultation with the Bank 's
Operational Department
The Requester is requested to have communication with the Operational
Department prior to the submission of a Request. For this reason, it isnecessary to state in the Request date and time, names of persons withwhom the Requester had communication, the contents of response by
the other party and other detailed facts concerning the Requester's
communication with the Operational Department. The Requester may
also state the reasons why the Operational Department's response wasconsidered to be insuﬃcient.
The Bank's public relations department must, if it receives a requestfrom an outside person, promptly introduce to that person therelevant Operational Department handling the project in question so❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

O5-4-11JBIC Objection Proceduresthat dialogues with the Operational Department can be conducted
expeditiously and adequately. The Operational Department must
conduct screening and environmental review pursuant to the provisionsof the Guidelines, recognizing the importance of information furnishedby stakeholders.
(J) If a Request is submitted by an agent, the Requester must set forth
the necessity to submit the Request by an agent and evidence must be
attached that the agent has been duly authorized by the Requester.
Process of Submitting A Request
1.

Acceptance of Request and notifications to the Requester and the
Project Proponent-

The Examiner shall, so long as the name and the place of contact arestated in the Request, notify the Requester, the borrower, the Project
Proponent and the Operational Department of the acceptance of
the Request in the form attached hereto, in principle, within five(5) business days after the receipt of Request, provided that, if theRequester desires not to disclose his/her name to the Project Proponent,
no information on the Requester shall be disclosed to the Project
Proponent.

2.

Preliminary investigations

O6-2-1-The Examiner shall read the Request to conf irm whether or not
all of the required matters are fully set forth in the Request. If thedescriptions are insuﬃcient or otherwise inadequate, the Examiner may
request that the Requester rectify the deﬁciencies.

O6-2-2-The Examiner may interview the persons concerned with respect to thefacts of whether or not the Requester is qualiﬁed to submit a Request,
as necessary.

O6-2-3-The Examiner shall, from the viewpoint of preventing abuse, check theRequest to conﬁrm that the Request was submitted in good faith andadequately in conformity with the purpose of the Procedures. Abuse of
the Procedures will include, but are not limited to the cases in which*
the Request is submitted for the purpose of unduly obtaining
compensation;*
the Request is submitted solely for the purpose of delaying theimplementation of the project;

O6-1-1❖ 113 ❖

Appendix E ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊***

the Procedures are utilized for the purpose of damaging the credit
or reputation of the Project Proponent;
the Request is submitted for political purposes unrelated to theproject; andthe Request contains material falsehood.

-

Unless there is a special circumstance which prevents the Examiner fromdoing so, preliminary investigations will, in principle, be completed inapproximately one (1) month after the acceptance of Request, and thedecision will be made whether to commence the Procedures or not.

3.

Decision to commence the ProceduresO6-3-1-The Examiner shall, if he / she deems, in accordance with theexamination form attached hereto, that the Request satisf ies therequirements of the Procedures and that the descriptions in the Request
are fairly reasonable, make a decision to commence the Procedures,and inform the Governor, the Requester, the borrower and the Project
Proponent of his/her decision in writing.

O6-3-2-

If a decision not to commence the Procedures is made, the Examiner
shall inform the Governor and the Requester of the fact of the decisionand reasons thereof in writing. Even if the decision not to commence
the Procedures is made, the Examiner may, if he/she deems that it isuseful for the examination and monitoring the matter, transfer theRequest to the Operational Department. Such transfer by Examiner to
the Operational Department shall be notiﬁed to the Governor and theRequester.

O6-3-3-The Examiner may suspend to make a decision to commence theProcedures or not, if a dispute concerning the project is pending before,or already adjudicated by, judicial or administrative proceedings in Japanor in the relevant country or proceedings of an international organizationor other dispute resolution proceedings and if the Examiner deems thatthe issue involved in such dispute resolution proceedings and the issue
involved in the Procedures are substantially identical. In either case inwhich the decision to commence the Procedures is suspended or thedecision not to commence the Procedures is made, such decision shall be
notiﬁed to the Requester. If, after the grounds for suspension have ceased
to exist, the intention of the Requester to continue the Procedures is
conﬁrmed, the Examiner may decide to commence the Procedures. Even
if the decision not to commence the Procedures is made, a Request may

O6-2-4❖ 114 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Objection Procedures

be submitted again if it is based on a new fact or a new issue.
In view of the legal principle of non bis in idem, if a Request was
submitted in the past concerning the same damage, the decision not tocommence the Procedures may be made, provided that this shall not
apply to a Request based on a new fact.

O6-3-4-O6-3-5-The Requester may submit his/her opinion in writing to the Examiner
if the decision not to commence the Procedures is made. The Examiner
must faithfully consider such opinion submitted by the Requesterand shall transfer such opinion to the Operational Department, as
necessary.

4.

Investigations and Encouragement of Dialogues(1) Investigations on the facts of compliance with the Guidelines
O6-4-1-

In order to investigate the facts of the Bank's compliance with the
Guidelines, the Examiner may meet with the Requester and directly
hear what the Requester tells about the matters with respect to which
the Request is submitted.

O6-4-2-The Examiner shall interview relevant persons in the Operational
Department and ascertain the facts concerning (i) the confirmationof environmental and social considerations conducted on or before
the execution of the relevant loan agreement and (ii) monitoring. The
Examiner may inspect any and all materials used by the Operational
Department in conducting the confirmation of environmental andsocial considerations and monitoring.

O6-4-3-

When necessary, the Examiner may interview residents having thesame view as that of the Requester, residents having different views
from that of the Requester, the Project Proponent, specialists, thegovernment of the host country and other persons concerned, provided
that if Examiner intends to interview the Project Proponent, theborrower or the government of host country, the Examiner will initiallymake arrangements to conduct interviews through the Operational
Department.

(2) Encouragement of dialogue in an attempt to resolve disputes
O6-4-4-In order to resolve disputes, the Examiner may not only mediatea dialogue for purposes of encouraging the dialogue between the❖ 115 ❖

Appendix E ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Requester and other residents adversely affected on the one hand
and the Project Proponent on the other hand, but also may conductindividual interviews.
O6-4-5-

Examiner must listen to the opinions of the persons concerned in awell-balanced manner, and must conduct individual interviews insuch a manner as not to diminish the people's trust in the Examiner's“neutrality”.

(3) Matters handled cautiously in implementing investigations andactivities to encourage dialogues-

The Examiner may temporarily suspend investigations and activities
to encourage dialogue if a dispute concerning the project becomespending before a judicial or administrative proceedings in Japan or in
the relevant country or proceedings of an international organizationor other dispute resolution proceedings and if the issue in such a
dispute resolution proceedings and the issue in these Procedures aresubstantially identical. Such suspension of the Procedures shall be
notified to the Requester. If, after the grounds for suspension cease
to exist, the intention of the Requester to resume the Procedures is
conﬁrmed, the Procedures shall be resumed.

5.

Report to the Governor

O6-5-1-

Within three (3) months after the acceptance of the Request, theExaminer shall prepare a report, in accordance with the form attachedhereto, setting forth the results of investigations of the facts ofcompliance with the Guidelines, the progress of dialogues and theagreement between the parties concerned if a settlement is reached,and submit such report to the Governor.

O6-5-2-

If the Examiner determines that the Guidelines have not been
complied with, the Examiner may recommend to the Governor possible
measures to cure such non-compliance, as necessary.

O6-5-3-

If the Examiner is unable to ascertain the facts as to whether or not
the Guidelines have been complied with or if the parties have agreed
to dispense with the investigations by the Examiner of the facts ofcompliance or non-compliance with the Guidelines, the Examiner shallreport to the Governor the progress of dialogues and said agreement
between the parties concerned.

O6-4-6❖ 116 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Objection ProceduresO6-5-4-

If the Examiner considers that more time is required for investigationor encouragement of dialogues, the Examiner may report to theGovernor the particulars of further activities required and the reasons
why such activities are indispensable. Upon receipt of such a report,
if the Governor considers that there are a fair amount of unavoidable
reasons to extend the period, the Governor may extend the period for afurther period of up to two (2) months.

O6-5-5-The Examiner's report shall be immediately sent to the parties
concerned. The parties concerned may submit to the Examiner theiropinions on the contents of the report. The Examiner shall pay due
respect to such opinions and, if he/she deems that the opinions containmatters useful for the monitoring of the case in question, may transfer
the opinions to the Operational Department.

6.

Opinion of the Operational Department-

Within one (1) month after the submission of the Examiner's report,
the Operational Department shall submit its opinion in writing to theGovernor setting forth its opinions on the Examiner's report and, inthe case of decision that the Guidelines have not been complied with,measures to be taken from then on to comply with the Guidelines, asnecessary.

7.

Follow-up

O-6-7-1-

Instructions issued by the Governor in consideration of the Examiner's
report, opinions of the Operational Department and opinions of theparties shall be implemented by the Operational Department.

O-6-7-2-

The Examiner shall be informed of the status of implementation by the
Operational Department of the instructions issued by the Governor andreport it to the Governor in his/her annual report of activities. If the
Examiner deems it to be necessary, he/she may report to the Governor
at any time and from time to time the status of implementation by the
Operational Department of the instructions issued by the Governor.
Also, the Examiner may, based on the results of investigations on theindividual cases in which it was concluded that the Guidelines were
not complied with, state his/her opinion on the measures to be taken
to ensure compliance with the Guidelines and other matters in his/herannual report of activities, as necessary.

O-6-6-1❖ 117 ❖

Appendix E ❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊

Disclosure of Information
O7-1-

Information on the Procedures shall be disclosed in accordance with thefollowing:(A) Upon submitting of a Request, the Examiner shall notify the
Requester, the borrower and the Project Proponent in writing of
the acceptance of the Request, in principle, within ﬁve (5) businessdays after the receipt of the Request.
(B) If, with respect to a Request submitted, preliminary investigations
are completed and the decision to commence the Procedures ismade, or the decision not to commence the Procedures is made,the Requester, the borrower and the Project Proponent shall be
informed of that fact in writing. If the decision not to commence
the Procedures is made, the reasons for such a decision shall begiven in writing.
(C) The Examiner's report and the opinions of the Operational
Department shall be sent to the parties concerned and, after
confirming that they do not contain any individual, corporate
or other information the disclosure of which is not required bystatute, promptly publicized to the public on the website(D) The Examiner shall publicize the status of acceptance of therequests and the progress of procedures on the website, exercising
precautions that they do not contain any individual, corporate
or other information the disclosure of which is not required bystatute.

O7-2-

Since the Examiner's report and the opinions of the Operational
Department must, in principle, be publicized, they must be preparedso as not to contain any individual, corporate or other information
the disclosure of which is not required by statute. If, in order to makethe report meaningful, it is indispensable to state in the report any
individual, corporate or other information the disclosure of which is not
required by statute , the prior consent of the parties concerned must be
obtained.

O7-3-

Other information to which the Examiner has had access in performingof his/her duties shall be publicized to the public pursuant to theprovisions of applicable laws.

O7-4

-

The Examiner shall prepare an annual report of activities in accordancewith the form attached hereto and publicize it on the Bank's website.
Since the annual report of activities is a document prepared to be❖ 118 ❖

❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊❊JBIC Objection Procedures

publicized, it must be prepared so as not to contain any individual,
corporate or other information the disclosure of which is not requiredby statute.
O7-5-

The Examiner shall publicize his/her contact address on the Bank's
website, and endeavor to have his/her presence and activities widely
known to the public by preparing and publishing pamphlets and posting
information on the Bank's website, etc. in collaboration with the Bank's
public relations department.

Review of This Summary and Interim Provisions
O8-1

-

O8-2

-

This Summa r y of Procedures sha l l be rev iewed, in principle,
concurrently with the review of the Guidelines. Such review shall be
conducted in consideration of the opinions given and evaluations madeby the users and Examiner accumulated up to the time of such review.
This Summary of Procedures shall become eﬀective on October 2003
and shall be applied to the cases in which a substantive request for
funding is made on or after October 1, 2003.

[THE END ](Attached materials)
1. Sample Request
2. Sample Notice of Acceptance
3. Sample Notice to Commence Procedures
4. Sample Notice of Decision not to commence the Procedures
5. Sample Results of Examination
6. Sample Notice to Requester of Examiner's Report
7. Sample Form of Examiner's Report
8. Sample Form of Examiner's Annual Report of Activities
9. Procedure Flowchart
N.B. If there is any ambiguity in English version and/or any inconsistency
with the Japanese version, the Japanese version prevails.

❖ 119 ❖

▼
About the Authors
FUKUDA Kenji and OHASHI Tamaki are staff at Mekong
Watch. Fukuda and Ohashi monitor the environmental
and social problems caused by projects financed by theJapanese Government in the Mekong Region. Fukuda
has extensive experience advocating with communities
a ffected by the Sa mut Pra ka rn a nd La m Ta K hon g
projects in Thailand to raise their concerns with JBIC.
He also closely followed the process behind JBIC's new
Guidelines for Environmental and Social Considerations.
Ohashi works to address the problems related to Japanese
grant aid projects, and is responsible for Mekong Watch's
English language information dissemination.

▼

Copyright © 2004 Mekong Watch, Tokyo, Japan. All rights reserved.

This booklet was produced by:

Mekong Watch

2F Maruko Bldg., 1-20-6 Higashi-ueno
Taito-ku, Tokyo 110-0015 JapanTel: +81-3-3832-5034
Fax: +81-3-3832-5039
E-mail : info@mekongwatch.org

http://www.mekongwatch.org/

FoE Japan (Friends of the Earth Japan)
Development Finance and Environment Program
3-17-24-2F Mejiro Toshima-ku
Tokyo 171-0031 JapanTel: +81-3-3951-1081
Fax: +81-3-3951-1084
E-mail : ﬁnance@foejapan.org

http://www.foejapan.org/en/aid/index.html

By FUKUDA Kenji and OHASHI Tamaki

Produced by Mekong Watch & Friends of the Earth Japan

DIC556+DIC105

Protect Yourself from Destructive Development

Handbook
on JBIC's
New Environmental
and Social Guidelines

Handbook
on JBIC's
New Environmental
and Social Guidelines