JAPAN BANK FOR INTERNATIONAL COOPERATIONGUIDELINES FOR CONFIRMATION OF INFORMATION DISCLOSURECONSIDERATIONS FOR NUCLEAR SECTOR PROJECTSDecember 2017
JAPAN BANK FOR INTERNATIONAL COOPERATION (JBIC)GUIDELINES FOR CONFIRMATION OF INFORMATION DISCLOSURECONSIDERATIONS FOR NUCLEAR SECTOR PROJECTSDecember 2017
Preface
Japan Bank for International Cooperation (referred to as “JBIC”) hereby makes public its“Guidelines for Confirmation of Information Disclosure Considerations for the Nuclear Sector
Projects” (referred to as the “Information Disclosure Guidelines”).
The Information Disclosure Guidelines complement “Japan Bank for International Cooperation
Guidelines for Confirmation of Environmental and Social Considerations” (referred to as the“Guidelines”).
The Information Disclosure Guidelines set basic policies and procedures regarding confirmationof information disclosure and public participation to contribute to the sound development of theinternational economic community through confirmation by JBIC that the proper considerationof information disclosure procedures and public participation aspects of Nuclear Sector Projects(to be defined in Part 1 3. (1)) that are subject to lending, equity participation or guarantee byJBIC (referred to as “Funding”) are undertaken by the project proponents (referred to as the“Information Disclosure Considerations”).
The Information Disclosure Guidelines are intended to allow JBIC to make the utmost effort tosecure proper Information Disclosure Considerations, with the understanding that nuclear safety
is the foremost priority with respect to the use of nuclear power, taking into consideration thelessons learned from the accident at Tokyo Electric Power Company’s Fukushima Daiichi
Nuclear Power Station.
The Information Disclosure Guidelines have been formulated on the basis of the internationalframework for information disclosure and public participation regarding the nuclear sector
projects and the Organisation for Economic Co-operation and Development (OECD)’s“Recommendation of the Council on Common Approaches for Officially Supported ExportCredits and Environmental and Social Due Diligence” as updated from time to time (referred toas the “Common Approaches”).
The Information Disclosure Guidelines will be reviewed as necessary in the future, taking into
account future progress made in these areas.

ContentsPart 1
1.

Basic Policies Regarding Confirmation of Information Disclosure Considerations ....... 3

2.

Objectives and Meaning of Information Disclosure Considerations ................................ 3

3.

Basic Principles Regarding Confirmation of Information Disclosure Considerations ... 44.

Procedures for Confirmation of Information Disclosure Considerations ........................ 6

5. Disclosure of Information Regarding Confirmation of Information Disclosure
Considerations by JBIC ............................................................................................................... 6
6.

Decision-making..................................................................................................................... 6

7. Ensuring Appropriate Implementation of and Compliance with Information
Disclosure Guidelines.................................................................................................................... 7Contents to be Confirmed Regarding the Information Disclosure Considerations for
Nuclear Sector Projects ................................................................................................................ 8

NB1: Part 2 is inseparable from Part 1.
NB2: If there is any ambiguity in the English version and/or any inconsistency with the Japanese version,
the Japanese version prevails.

[Part 1]
1.

Basic Policies Regarding Confirmation of Information Disclosure Considerations

JBIC confirms, through various measures, that project proponents undertake appropriate
Information Disclosure Considerations so as to minimize the impact on the environment andlocal communities and not bring about unacceptable effects which may be caused by Nuclear
Sector Projects for which JBIC provides Funding.
JBIC places importance on dialogue with the host country (including local governments), as wellas the borrowers and project proponents (collectively referred to as “Borrowers and RelatedParties”) while respecting the sovereignty of the host government.
JBIC reiterates its basic policy on the importance of transparent and accountable processes, aswell as the participation of stakeholders in those processes, including local residents and local
non-governmental organizations potentially impacted by a Nuclear Sector Project (collectivelyreferred to as “Stakeholders”).
JBIC issues these sector-specific Information Disclosure Guidelines in recognition of theforemost importance of appropriate Information Disclosure Considerations for Nuclear SectorProjects due to potential material impacts of Nuclear Sector Projects on Stakeholders including
local residents.
JBIC adopts standards from the recommendations of the Common Approaches to confirm theappropriateness of the Information Disclosure Considerations.
JBIC makes clear in its Information Disclosure Guidelines the Information Disclosure
Considerations required for Nuclear Sector Projects to receive Funding.
In making its decisions for Funding, JBIC conducts reviews of Information Disclosure
Considerations to confirm that the requirements are duly satisfied.
JBIC makes the utmost effort to ensure that appropriate Information Disclosure Considerations
are undertaken.
Following Funding decisions, if necessary, JBIC will monitor or take steps over a certain periodof time to encourage the Borrowers and Related Parties to ensure that appropriate Information
Disclosure Considerations are undertaken.
In cases where it is involved in the planning and preparatory stages of a Nuclear Sector Project,
JBIC will take steps to encourage the Borrowers and Related Parties to undertake appropriate
Information Disclosure Considerations from the earliest stage possible.
2.

Objectives and Meaning of Information Disclosure ConsiderationsThe objective of the Information Disclosure Guidelines is to encourage project proponents ofNuclear Sector Projects to implement appropriate Information Disclosure Considerations inrelation to such projects based on the Information Disclosure Guidelines, by making clear JBIC’s
1) procedures (both before and after Funding decisions are made), 2) determination standards,and 3) contents to be confirmed for Nuclear Sector Projects that are subject to Funding from theperspectives of Information Disclosure Considerations. In so doing, JBIC endeavors to ensuretransparency, predictability and accountability in the confirmation of Information DisclosureConsiderations.
3.

Basic Principles Regarding Confirmation of Information Disclosure Considerations(1) Application
The Information Disclosure Guidelines supplement the Guidelines and apply only to the projects
in the Guidelines that are subject to confirmation on due considerations of safety measures, etc.,
by the “Review Session concerning Confirmation on Due Considerations of Safety Measures, etc.
Associated with the Official Credit Provision for Export, etc. of Major Materials or Equipment
Used in Nuclear Facilities” (Determination of October 6, 2015 by Ministerial Conference onNuclear Power) (referred to as the “Nuclear Sector Projects”).
The Information Disclosure Guidelines apply in addition to the Guidelines.
(2) Parties Responsible for Information Disclosure Considerations
In principle, the project proponents are responsible for the Information Disclosure
Considerations for Nuclear Sector Projects and JBIC confirms such Information Disclosure
Considerations in light of the Information Disclosure Guidelines.
(3) Confirmation of Information Disclosure Considerations by JBICJBIC does the following to confirm Information Disclosure Considerations:(a) conducts a review of Information Disclosure Considerations when making a decision
on Funding, to confirm that the requirements are duly satisfied (referred to as “Review”);
and(b) conducts monitoring and follow-up after the decision has been made on Funding(referred to as “Monitoring”).
In light of the Information Disclosure Guidelines and taking into account the characteristics ofthe relevant Nuclear Sector Project and the particular circumstances of the host country and its
location, JBIC confirms in its Reviews whether:(a) appropriate and sufficient Information Disclosure Considerations are given before theimplementation of the project; and(b) appropriate Information Disclosure Considerations can be expected after JBIC makes
decisions on Funding in light of factors such as the preparedness and experience of theproject proponents and the host government.
JBIC also undertakes Monitoring through Borrowers and Related Parties over a certain period oftime after the decision has been made on Funding.
(4) Information Required for Confirmation of Information Disclosure Considerations
JBIC conducts Reviews based principally on information provided by the Borrowers and RelatedParties (including exporters in case of export finance). However, JBIC may request additional
information from the Borrowers and Related Parties when necessary.
JBIC utilizes in its Reviews information received not only from the Borrowers and Related
Parties but also from governments and organizations of host countries, co-financiers andStakeholders.
With respect to Nuclear Sector Projects that are co-financed by other financial institution(s),JBIC endeavors to exchange information on Information Disclosure Considerations with suchother institution(s).
(5) Standards for Confirmation of Appropriateness of Information Disclosure Considerations
JBIC in principle confirms in its Review that the requirements for Information Disclosure
Considerations stated in the Information Disclosure Guidelines are fulfilled by ascertaining thebelow:(a) confirm that Nuclear Sector Projects comply with standards of the relevant host nationaland local governments regarding the Information Disclosure Considerations;(b) confirm that Nuclear Sector Projects meet relevant sections of World Bank Safeguard
Policies or International Finance Corporation Performance Standards regarding theInformation Disclosure Considerations; and(c) confirm that Nuclear Sector Projects meet relevant sections in the Convention on Nuclear
Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safetyof Radioactive Waste Management, and International Atomic Energy Agency (IAEA)
safety standards for nuclear power facilities regarding the Information DisclosureConsiderations.
If JBIC believes the Information Disclosure Considerations of the project substantially deviate
from these standards, it will consult with the Borrowers and Related Parties to confirm thebackground and rationale for this deviation, and the measures to rectify it if necessary.
(6) Decision-making

JBIC takes the outcomes of its Reviews into account in its decisions on Funding. If, as a resultof its Review, JBIC judges that appropriate Information Disclosure Considerations are notensured, it will encourage the project proponents, through the Borrower and Related Parties, toundertake appropriate Information Disclosure Considerations.
If appropriate Information Disclosure Considerations are not undertaken in accordance with theInformation Disclosure Guidelines, there may be cases where Funding is not extended.
4.

Procedures for Confirmation of Information Disclosure Considerations(1) Review
For Nuclear Sector Projects to which the Information Disclosure Guidelines apply, in addition tothe environmental review procedures set out in the Guidelines (see Section 4. (3) of theGuidelines), JBIC also applies the Information Disclosure Guidelines.
(2) Monitoring
For Nuclear Sector Projects to which the Information Disclosure Guidelines apply, JBIC inprinciple confirms the results of the material items of the implementation of the Information
Disclosure Considerations through the Borrower and Related Parties over a certain period oftime after the execution of Funding.
JBIC also applies the Guidelines (see Section 4. (4) of the Guidelines) in relation to Monitoring.
5.

Disclosure of Information Regarding Confirmation of Information Disclosure
Considerations by JBICJBIC applies the principles on disclosure of information as set out in the Guidelines (see Section
5 of the Guidelines).
In addition to the information disclosed in accordance with the Guidelines, of the documents
disclosed in the host country regarding the Nuclear Sector Project, JBIC will disclose material
documents regarding the Information Disclosure Considerations on its website, etc. as promptly
as possible after it obtains the documents.
6.

Decision-making

JBIC takes the results of Information Disclosure Considerations Reviews into account when
making its decisions on Funding.
JBIC will use its utmost effort to ensure the following requirements in its loan agreements ortheir attached documents when it considers it necessary to ensure confirmation of Information
Disclosure Considerations by Borrowers and Related Parties:

7.

the borrower shall report to JBIC on measures and monitoring related to Information
Disclosure Considerations undertaken by the project proponents. If, due to unforeseen
circumstances, there is a possibility that the Information Disclosure Considerations may
not be fulfilled, the borrower shall report as much to JBIC;

if any problems regarding Information Disclosure Considerations arise, the borrower
shall make efforts for discussions to be held between the project proponents andStakeholders;when project proponents and the host governments (including local governments) otherthan the borrower have important roles to play in terms of Information Disclosure
Considerations, the borrower shall endeavor to include these parties by entering intoagreements; and

If it becomes evident that the borrower and the project proponents have not met JBIC’s
requirements under the Information Disclosure Guidelines, JBIC may, in accordance withthe loan agreements or their attached documents, suspend the disbursement or declare all
the outstanding principal at that time, with interest and any other charges thereon, to bepayable immediately.
Ensuring Appropriate Implementation of and Compliance with Information
Disclosure Guidelines

JBIC endeavors to ensure appropriate implementation of and compliance with the Information
Disclosure Guidelines in accordance with the principles in Section 7 of the Guidelines. In orderto ensure its compliance with the Information Disclosure Guidelines, JBIC accepts objections
regarding non-compliance with the Information Disclosure Guidelines and takes necessaryactions.

Supplemental Provision
These Information Disclosure Guidelines will come into force on April 1, 2018.

[Part 2]
Contents to be Confirmed Regarding the Information Disclosure Considerations for
Nuclear Sector Projects
In principle, appropriate Information Disclosure Considerations are undertaken based on
examination of the following items:(1)

Host Country Legal RegimeRelevant International Conventions: With respect to the host country, in relation to (i)the Convention on Nuclear Safety and (ii) the Joint Convention on the Safety of Spent
Fuel Management and on the Safety of Radioactive Waste Management, 1) its status as acontracting party to the above Conventions, and 2) its implementation of Convention
obligations relating to Information Disclosure Considerations into national law.

IAEA Safety Standards: With respect to the host country, 1) its membership of theInternational Atomic Energy Agency (“IAEA”), and 2) its implementation of IAEA
safety standards relating to Information Disclosure Considerations into national law.

(2)

Information Disclosure
Information Disclosure Procedures: Proper information disclosure of:1) Nuclear regulations and policies;2) Nuclear regulatory procedures; and3) Nuclear regulatory decision-making.

Provision of Information for a Nuclear Sector Project: With respect to a Nuclear
Sector Project, provision of the information below to related Stakeholders depending on
the characteristics of the project. (In principle, the provision of such information is to bereviewed by JBIC prior to making decisions for Funding. However, the provision ofinformation that is difficult to confirm at the time of the decision making such as“notification and evacuation procedures” and “plans for operational safety” is to bemonitored. JBIC will respect the sensitivity and confidentiality of information relating
to nuclear security and confidential business interests.
1) Plans to site and build a facility.
Examples of the contents:
 Basic plan of the facilities (including information regarding site boundaries); Site-related factors (including information regarding the location of the projectsite and neighboring areas of high population density);The design basis for the safety of nuclear facilities and defence-in-depth forprevention of progression of severe accidents (including information on theassessment of public exposure by the largest expected release of radioactive
material in a severe accident);
Measures for accident management in circumstances of external events, etc.; andConstruction plans.

2) Spent fuel and radioactive waste management plans.
3) Environmental and social impact assessment.
Examples of the contents:
 Control of radiation exposure (including information on the assessment of publicexposure in normal operation. This information may be included in the plans tosite and build a facility).
4) Emergency preparedness and emergency response plans.
Examples of the contents:
 Notification and evacuation procedures; and Plans for operational safety (including plans for safety of occupational engineers
and workers).
(3)

Public Participation
Public Participation Procedures: Status of public participation in the licensing andauthorization processes for Nuclear Sector Projects. Items (1) to (3) below should be
conducted in the language and manner understandable to the residents.
1) Provision of information to residents;
2) Opportunity to participate, in particular at the local level;3) Proper consultation; and
4) Consideration of the results of the consultation.