## _040609

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---

### Background and objectives
- Management established a framework for streamlined and strengthened procedures for wider dissemination of technical assistance-related information (“TA Information”) and intended to issue staff guidelines containing the new procedures.
- Executive Directors noted management’s intention, agreed with the objectives to facilitate more systematic and effective dissemination of TA Information while safeguarding confidential information and the candidness of Fund advice, and supported planned publication of the guidelines.

### Consent and notice regime
- Consent framework:
  - In several circumstances, consent of the TA recipient for dissemination of certain types of TA Information will be deemed granted unless the TA recipient explicitly objects.
  - Potential TA recipients are placed on notice that, in requesting Fund TA they will be deemed to have consented to the dissemination of certain types of TA information, unless they explicitly object.
  - The Fund will publish the guidelines and notify members and other potential TA recipients of the notice measures.
  - Except for cases where an ex-ante irrevocable consent may be required for externally-financed TA (see paragraph 15, last bullet referenced), once consent to disseminate has been granted, implicitly or explicitly, such consent may be withdrawn by the TA recipient or a third party that provided confidential information to Fund staff any time prior to actual dissemination.

### Scope of the operational guidelines
- Temporal scope:
  - The new procedures apply only to TA information concerning TA projects approved on or after the effective date of May 1, 2009.
- Substantive exclusions (not covered by these guidelines):
  - FSAP Reports (Financial Sector Assessment Program information is subject to a separate regime).
  - ROSCs (dissemination governed by the Transparency Policy Decision).
  - Safeguards Assessment Reports (subject to separate safeguards assessment policy disclosure regime).
- Additional exclusions governed by Board policies:
  - Transmittal Policy: routine transmittal of certain reports to certain international agencies meeting specified criteria.
  - Archives Policy: TA reports over 20 years old are available to outside persons upon request, provided reports originally classified “Strictly Confidential” may not be released if the Managing Director finds the material remains highly confidential or sensitive.
- Substantive scope — included TA Information (non-exhaustive):
  - The fact of the provision of TA and the subject matter of TA.
  - Information on the administration of TA projects (project framework, monitoring and evaluation, budget figures, funding source, timing of missions).
  - Information, received or generated by Fund staff, that forms the basis of Fund TA advice (includes information received from TA recipient or third parties and information produced or generated by Fund staff, including drafts of TA advice before finalization).
  - Final TA advice: output of TA provided by Fund staff at the request of a TA recipient once in final form (TA reports, finalized draft legislation, final aide-mémoires, e-mails, or oral advice).
- Recipients covered (non-exhaustive):
  - The TA recipient and other agencies/instrumentalities within the member country, non-member or international agency to which Fund TA is provided (definition of “TA recipient” includes governmental or inter-governmental agency or instrumentality and non-members/international agencies under Rule N-16(d) of the Fund’s Rules and Regulations).
  - Executive Directors and members of their staff.
  - Donors and other TA providers (donor defined to include official bilateral or multilateral public sector agencies providing grants or concessional financing for TA; includes Steering Committees of multi-donor subaccounts).
  - Fund staff.
  - The general public.

### Procedures governing dissemination — information categories and rules
- Information related to the fact of TA provision and subject-matter of TA (paragraph 8)
  - The fact of provision of Fund TA in response to a TA request and the general subject matter is not considered confidential unless the TA recipient indicates otherwise at the time of request.
  - Ordinarily made available to Executive Directors in staff reports; upon request, may be made available to TA providers and donors; may be made available to the general public.
  - If TA recipient explicitly advises staff they do not want such information made available (expected to be rare), the TA recipient’s wishes shall be respected.
- Information related to the administration of TA projects (paragraph 9)
  - Not considered confidential unless the TA recipient specifically indicates otherwise at the time of the request for TA.
  - May be shared with Executive Directors and members of their staff upon request.
  - Results of TA evaluations will continue to be reported to Executive Directors annually under the Fund’s TA Evaluation Program.
  - Readily available to other TA providers and donors upon request for coordination; may be made available to the general public.
  - Fund staff would not disclose information about third parties that they would normally regard as confidential (e.g., terms of employment of a TA expert).
- Information forming the basis of TA advice (paragraph 10)
  - Includes (a) information provided by the TA recipient or third parties, and (b) information generated by Fund staff before TA advice is finalized.
  - Presumed confidential and shall only be made available beyond Fund staff, management and the TA recipient in certain circumstances to facilitate coordination with donors and other TA providers.
  - Dissemination to World Bank staff, donors or other TA providers with legitimate interest requires consent of the head of the authoring TA department in consultation with the relevant area department, and explicit consent of the TA recipient; where information was received from a third party, explicit consent of that third party is also required.
  - Considerations in determining consent include:
    - The likelihood that sharing outside staff, management and the TA recipient could undermine the Fund’s ability to obtain necessary data and information from country authorities and third parties.
    - The impact that disclosure might have on the candor of discussions during a TA project’s execution (exchanges with country authorities/third parties or internal deliberations among Fund staff).
  - This information will generally not be published.
- Final TA advice (paragraph 11)
  - Final TA advice is considered confidential and dissemination requires consent of the TA recipient.
  - Forms of final TA advice: (i) TA reports, (ii) other documents containing finalized Fund staff advice including draft legislation or final aide-mémoires, and (iii) final advice provided by Fund staff to a TA recipient through e-mails or orally.
  - Except for externally financed TA where ex-ante irrevocable consent may be required, TA recipients may withdraw consent to disseminate any time prior to actual dissemination of final TA advice.
  - All TA reports shall include a disclaimer summarizing the Fund’s policy for dissemination according to the guidelines as set forth in Appendix B.
  - Specific rules for dissemination of final TA advice other than TA reports are outlined in Section IV.

### Specific procedures for dissemination — within the Fund (Section IV.A)
- General classifications and repository rules (paragraph 12(a))
  - Authoring TA departments must ensure all finalized TA reports, except those classified as “STRICTLY CONFIDENTIAL” and FSAP reports, are forwarded to the Institutional Repository.
  - Of TA reports forwarded to the Institutional Repository:
    - TA reports classified “FOR OFFICIAL USE ONLY” are accessible to all staff.
    - TA reports classified “CONFIDENTIAL” are accessible to a smaller group of staff, determined in the relevant General Administrative Order (access on a need to know basis). The authoring TA department decides need to know case-by-case, taking into account express or implied understandings with the TA recipient and surrounding circumstances.
    - TA reports classified as “CONFIDENTIAL” are reclassified automatically “FOR OFFICIAL USE ONLY” after two years, unless the authoring TA department or relevant area department considers sensitivity has not sufficiently diminished.
  - Dissemination rules for TA reports classified “STRICTLY CONFIDENTIAL” follow the Fund’s General Administrative Order for dissemination within the Fund and the Fund’s Archives Policy for sharing outside the Fund.
- Dissemination of other types of final TA advice to Fund staff (paragraph 12(b))
  - Any form of final TA advice may be disseminated to Fund staff in accordance with the classification of the document and the procedures set forth in the relevant General Administrative Order.

### Dissemination of final TA advice to Executive Directors and their staff (paragraph 13)
- TA reports to Executive Directors:
  - General practice: TA reports are made available to the Executive Director for the country of the TA recipient unless the TA recipient specifically requests otherwise.
  - For other Executive Directors and members of their staff, access to TA reports requires the consent of the TA recipient.
    - Consent will be deemed obtained unless the TA recipient objects to such dissemination within 60 days of the transmittal of the TA report.
    - The transmittal letter or other transmittal document must expressly refer to this 60-day period.
    - Staff note: except where ex-ante irrevocable consent is required for externally financed TA, TA recipients may withdraw consent any time prior to actual dissemination.
    - The objection must be received by the Fund within 60 days from the transmittal letter. After the 60-day period, the TA recipient may still object provided the TA report has not yet been disseminated.
    - Appendix A contains a model transmittal letter with the standard language to obtain consent on a non-objection basis.
- Other types of final TA advice to Executive Directors:
  - May be shared with the Executive Director for the country of the TA recipient unless the latter specifically requests otherwise.
  - For other Executive Directors and members of their staff, access may be obtained upon request provided the TA recipient does not specifically object within 60 days from the date on which Fund staff requests consent for dissemination.

### Dissemination within the requesting country or agency (paragraph 14)
- Duty of confidentiality is owed to the direct TA recipient; final TA advice should be disseminated to and addressed to the head of that agency or instrumentality.
- The Fund encourages the direct TA recipient to share final TA advice with other agencies or instrumentalities within the TA recipient.
- Fund staff may share final TA advice with other agencies or instrumentalities of the member country, non-member, or international agency with the consent of the direct TA recipient obtained on a non-objection basis; consent will be deemed given if the direct TA recipient does not object within 60 days.

### Dissemination to donors and TA providers other than the World Bank (section 15)
- Scope and consent framework:
  - Final TA advice may be shared with donors and other TA providers with legitimate interest, upon request, with the consent of the TA recipient obtained on a no-objection basis.
  - Consent is deemed given if a TA recipient does not object within 60 days from the TA report’s transmittal letter.
  - For other types of final TA advice, the objection must be received within 60 days from the date on which Fund staff request consent from the TA recipient.
  - After the expiration of the 60-day period, the TA recipient may still object to the dissemination provided the TA report has not yet been disseminated.
  - Some donors require, as a condition for funding a Fund TA project, that TA reports produced in connection with that project be shared with them; in such cases Fund management may approve the TA request only if the TA recipient provides ex ante irrevocable consent to share all TA reports from that project with the applicable donor(s). In cases involving ex ante irrevocable consent, the TA recipient would not be able to withdraw its consent once TA provision has begun.
- Legitimate interest and confidentiality:
  - The authoring TA department, in consultation with the relevant area department, must determine that the donor or TA provider has a legitimate interest in the final TA advice.
  - Parties with a “legitimate interest” include:
    - (a) a donor who is financing, fully or partially, a TA project out of which the requested report has been produced; and
    - (b) a donor or TA provider engaging in related activities in the recipient country in the subject matter of the Fund’s TA advice.
  - Dissemination to donors and other TA providers with legitimate interest may only take place on the understanding that such information shall be kept confidential.

### Dissemination to World Bank staff (section 16)
- TA provided to Fund members:
  - Under a special procedure stemming from the Concordat on Bank-Fund collaboration, Fund staff may share final TA advice, including TA reports, with World Bank staff upon request, without the need for obtaining the TA recipient’s explicit consent.
  - Fund members have been placed on notice that final TA advice, including TA reports, will be shared with Bank staff and, in requesting Fund TA in full knowledge of these rules, are presumed to have implicitly consented to such disclosure.
  - Fund staff retain discretion as to whether any particular TA report should be shared with Bank staff; authoring TA departments may consult the TA recipient prior to sharing. If a TA recipient objects to sharing a particular TA report with Bank staff, Fund staff should respect those wishes.
  - Confidentiality expectations when disclosing to the Bank:
    - Information classified as “CONFIDENTIAL” is disclosed to the Bank on the understanding that it will be made available within the Bank only to those with a “need to know”.
    - Information classified as “STRICTLY CONFIDENTIAL” is disclosed to the Bank on the understanding that it will be made available within the Bank only to those with a “strict need to know”.
    - Bank staff shall not disclose classified information shared with it beyond the Bank.
  - Staff should keep the Joint Management Action Plan (JMAP) for Enhancing Bank-Fund Collaboration in mind when sharing documents.
- TA provided to non-members and international agencies:
  - No existing understanding that TA reports may be shared with World Bank staff; explicit consent of the TA recipient is required before any disclosure to Bank staff.

### Dissemination to the general public (publication) (section 17)
- Publication permissions and procedures:
  - All types of final TA advice may be published; the Fund specifically encourages the publication of TA reports.
  - Publication by the Fund of any final TA advice requires:
    - the explicit consent of the TA recipient, and
    - the approval of the head of the authoring TA department.
  - The TA recipient may withdraw its consent to publication at any time prior to publication.
  - Publication by the TA recipient of any final TA advice on its own website or in another form requires the approval of the head of the authoring TA department in consultation with the relevant area department.
  - Prior to publication by the Fund or the TA recipient the document should be circulated to the Executive Board for its information in the form in which it is to be published.
- Deletions and corrections prior to publication:
  - Deletions may be proposed by the TA recipient where material is not already public and qualifies as:
    - (i) highly-market sensitive information; or
    - (ii) policy intentions whose premature disclosure would seriously undermine implementation.
  - Before publication, the following shall be removed:
    - (i) references to unpublished Fund documents,
    - (ii) certain internal processes not disclosed under existing policies, including inquiries regarding possible misreporting and breaches of members’ obligations, and
    - (iii) discussions of a breach of obligation under Article VIII, Section 5 or misreporting that the Managing Director has proposed to be treated as de minimis in nature.
  - Corrections may address:
    - (i) data or typographical errors;
    - (ii) factual mistakes; and
    - (iii) mischaracterization of views.
  - Proposed deletions and corrections are subject to interdepartmental review and final decision by management.
  - Management may withhold consent to publication if it disagrees with deletions or corrections proposed by the TA recipient, to maintain the intellectual integrity of the Fund’s TA advice.

### Implementation of the guidelines (V)
- Delegation and responsibilities:
  - Management has generally delegated decisions on dissemination of information to heads of departments under the relevant General Administrative Order.
  - Unless otherwise indicated, TA-providing departments are responsible for implementation of the procedures.
- Legal and procedural considerations:
  - Management and staff may not disclose information provided in confidence unless that party consents. Determination that information was provided in confidence is based on all surrounding circumstances and whether there was an understanding (express or implied) that the information would not be disclosed without consent.
  - Departments should consult OTM and LEG whenever issues concerning implementation are unclear.
- Communication and notice to requesters:
  - Upon receiving a request for TA, staff should ensure the TA recipient is made aware of the existence and general content of these guidelines.
  - Staff may attach a copy of the guidelines or include a link to the Fund’s external website in the response to a TA request, and should remind recipients of the guidelines at the start and end of TA missions and in documents transmitting final TA advice.
  - Departments will inform the requester of the new dissemination procedures when discussing TA requests.
- Categorization and unusual requests:
  - Upon receiving a request to disseminate particular TA information, staff should categorize the requested TA information according to the categories listed in paragraph 7; if unclear, consult OTM and LEG.
  - For dissemination requests from academics, researchers, NGOs, private sector entities providing technical assistance, or civil society entities, staff should consult OTM and LEG if unsure how to handle the request.
- Effective date and notifications:
  - These guidelines will become effective on May 1, 2009.
  - A communication will be sent to all Fund members notifying them of these guidelines and attaching a copy.
  - A similar notice will be sent to the World Bank and other international organizations and agencies with which Fund documents are shared under the Fund’s Transmittal Policy.
  - The guidelines will be posted on the Fund’s external website following their circulation to the Executive Board for its information.

### Appendices — templates and institutional communications (Appendix A, B, C)
- Appendix A: Model Transmittal Letter — standard language to obtain non-objection consent if no objection within 60 days from the date of the transmittal letter.
- Appendix B: Model Disclaimer — required in all Fund TA reports describing disclosure possibilities to IMF Executive Directors and members of their staff, agencies or instrumentalities of the TA recipient, World Bank staff, and other technical assistance providers and donors with legitimate interest; specifies that disclosure to parties outside the IMF other than those categories requires explicit consent of the TA recipient and the IMF’s authoring Department.
- Appendix C highlights:
  - Model Institutional Communication to donors/TA providers requesting explicit confirmation that TA information “shall be treated by your organization as [confidential/strictly confidential]” and prohibiting disclosure outside the organization unless expressly authorized by the Fund and the TA recipient.
  - Template confirmation language to be inserted in transmittal letters where donors/TA providers have already confirmed confidentiality understandings.
  - A summary access table mapping categories of TA information to availability by audience (Fund Staff; Executive Directors; TA Recipient; World Bank; Donors and Other TA Recipients; General Public), reiterating consent requirements (including the recurring 60-day non-objection rule and the possibility of ex ante irrevocable consent for externally financed TA), and emphasizing coordination and necessary third-party consents.

*Source: Excerpt from “Dissemination of Technical Assistance Information” guidelines (effective date May 1, 2009) contained in the provided document.*

### 1.      In “Dissemination of Technical Assistance Information” (4/3/08), management set

### _040609 - 1.      In “Dissemination of Technical Assistance Information” (4/3/08), management set

### Background and objectives
- Management set out a framework for streamlined and strengthened procedures for the wider dissemination of technical assistance-related information (“TA Information”, as defined in these guidelines) and stated its intention to issue guidelines to the staff setting forth the new procedures.
- Directors took note of management’s intention, agreed with the objectives to facilitate more systematic and effective dissemination of TA Information while safeguarding confidential information and the candidness of Fund advice, and supported planned publication of the guidelines containing the new procedures.

### Consent and notice regime
- In several circumstances, consent of the TA recipient for dissemination of certain types of TA Information will be deemed granted unless the TA recipient explicitly objects.
- Potential TA recipients are placed on notice that, in requesting Fund TA they will be deemed to have consented to the dissemination of certain types of TA information, unless they explicitly object.
- The Fund will publish the guidelines and notify members and other potential TA recipients of the notice measures.
- Except for cases where an ex-ante irrevocable consent may be required for externally-financed TA (see paragraph 15, last bullet referenced), once consent to disseminate has been granted, implicitly or explicitly, such consent may be withdrawn by the TA recipient or a third party that provided confidential information to Fund staff any time prior to actual dissemination.

### Scope of the operational guidelines
- Temporal scope:
  - The new procedures apply only to TA information concerning TA projects approved on or after the effective date of May 1, 2009.
- Substantive scope — exclusions (these types of TA-related information are not covered):
  - FSAP Reports (Financial Sector Assessment Program information is subject to a separate regime).
  - ROSCs (dissemination governed by the Transparency Policy Decision).
  - Safeguards Assessment Reports (subject to separate safeguards assessment policy disclosure regime).
- Additional exclusions:
  - Dissemination governed by Board-established transmittal and archives policies:
    - Transmittal Policy: routine transmittal of certain reports to certain international agencies meeting specified criteria (commonality of operational interests, reciprocal transmittal, confidentiality safeguards).
    - Archives Policy: TA reports over 20 years old are available to outside persons upon request, provided reports originally classified “Strictly Confidential” may not be released if the Managing Director finds the material remains highly confidential or sensitive.
- Substantive scope — included TA Information (non-exhaustive categories subject to the guidelines):
  - The fact of the provision of TA and the subject matter of TA.
  - Information on the administration of TA projects (project framework, monitoring and evaluation, budget figures, funding source, timing of missions).
  - Information, received or generated by Fund staff, that forms the basis of Fund TA advice (includes information received from TA recipient or third parties and information produced or generated by Fund staff, including drafts of TA advice before finalization).
  - Final TA advice: output of TA provided by Fund staff at the request of a TA recipient once in final form (TA reports, finalized draft legislation, final aide-mémoires, e-mails, or oral advice).
- Recipients covered (non-exhaustive):
  - The TA recipient and other agencies/instrumentalities within the member country, non-member or international agency to which Fund TA is provided (definition of “TA recipient” includes governmental or inter-governmental agency or instrumentality and non-members/international agencies under Rule N-16(d) of the Fund’s Rules and Regulations).
  - Executive Directors and members of their staff.
  - Donors and other TA providers (donor defined to include official bilateral or multilateral public sector agencies providing grants or concessional financing for TA; includes Steering Committees of multi-donor subaccounts).
  - Fund staff.
  - The general public.

### Procedures governing dissemination — information categories and rules

- Information related to the fact of TA provision and subject-matter of TA (paragraph 8)
  - The fact of provision of Fund TA in response to a TA request and the general subject matter is not considered confidential unless the TA recipient indicates otherwise at the time of request.
  - Ordinarily made available to Executive Directors in staff reports; upon request, may be made available to TA providers and donors; may be made available to the general public.
  - If TA recipient explicitly advises staff they do not want such information made available (expected to be rare), the TA recipient’s wishes shall be respected.

- Information related to the administration of TA projects (paragraph 9)
  - Not considered confidential unless the TA recipient specifically indicates otherwise at the time of the request for TA.
  - May be shared with Executive Directors and members of their staff upon request.
  - Results of TA evaluations will continue to be reported to Executive Directors annually under the Fund’s TA Evaluation Program.
  - Readily available to other TA providers and donors upon request for coordination; may be made available to the general public.
  - Fund staff would not disclose information about third parties that they would normally regard as confidential (e.g., terms of employment of a TA expert).

- Information forming the basis of TA advice (paragraph 10)
  - Includes (a) information provided by the TA recipient or third parties, and (b) information generated by Fund staff before TA advice is finalized.
  - Presumed confidential and shall only be made available beyond Fund staff, management and the TA recipient in certain circumstances to facilitate coordination with donors and other TA providers.
  - Dissemination to World Bank staff, donors or other TA providers with legitimate interest requires consent of the head of the authoring TA department in consultation with the relevant area department, and explicit consent of the TA recipient; where information was received from a third party, explicit consent of that third party is also required.
  - Considerations in determining consent include:
    - The likelihood that sharing outside staff, management and the TA recipient could undermine the Fund’s ability to obtain necessary data and information from country authorities and third parties.
    - The impact that disclosure might have on the candor of discussions during a TA project’s execution (exchanges with country authorities/third parties or internal deliberations among Fund staff).
  - This information will generally not be published.

- Final TA advice (paragraph 11)
  - Final TA advice is considered confidential and dissemination requires consent of the TA recipient.
  - Forms of final TA advice: (i) TA reports, (ii) other documents containing finalized Fund staff advice including draft legislation or final aide-mémoires, and (iii) final advice provided by Fund staff to a TA recipient through e-mails or orally.
  - Except for externally financed TA where ex-ante irrevocable consent may be required, TA recipients may withdraw consent to disseminate any time prior to actual dissemination of final TA advice.
  - All TA reports shall include a disclaimer summarizing the Fund’s policy for dissemination according to the guidelines as set forth in Appendix B.
  - Specific rules for dissemination of final TA advice other than TA reports are outlined in Section IV.

### Specific procedures for dissemination of final TA advice — within the Fund (Section IV.A)

- General classifications and repository rules (paragraph 12(a))
  - Authoring TA departments must ensure all finalized TA reports, except those classified as “STRICTLY CONFIDENTIAL” and FSAP reports, are forwarded to the Institutional Repository.
  - Of TA reports forwarded to the Institutional Repository:
    - TA reports classified “FOR OFFICIAL USE ONLY” are accessible to all staff.
    - TA reports classified “CONFIDENTIAL” are accessible to a smaller group of staff, determined in the relevant General Administrative Order (access on a need to know basis). The authoring TA department decides need to know case-by-case, taking into account express or implied understandings with the TA recipient and surrounding circumstances.
    - TA reports classified as “CONFIDENTIAL” are reclassified automatically “FOR OFFICIAL USE ONLY” after two years, unless the authoring TA department or relevant area department considers sensitivity has not sufficiently diminished.
  - Dissemination rules for TA reports classified “STRICTLY CONFIDENTIAL” follow the Fund’s General Administrative Order for dissemination within the Fund and the Fund’s Archives Policy for sharing outside the Fund (see footnote 9 content for archival and sharing specifics).

- Dissemination of other types of final TA advice to Fund staff (paragraph 12(b))
  - Any form of final TA advice may be disseminated to Fund staff in accordance with the classification of the document and the procedures set forth in the relevant General Administrative Order.

### Dissemination of final TA advice to Executive Directors and their staff (paragraph 13)

- TA reports to Executive Directors:
  - General practice: TA reports are made available to the Executive Director for the country of the TA recipient unless the TA recipient specifically requests otherwise.
  - For other Executive Directors and members of their staff, access to TA reports requires the consent of the TA recipient.
    - Consent will be deemed obtained unless the TA recipient objects to such dissemination within 60 days of the transmittal of the TA report.
    - The transmittal letter or other transmittal document must expressly refer to this 60-day period.
    - Staff note: except where ex-ante irrevocable consent is required for externally financed TA, TA recipients may withdraw consent any time prior to actual dissemination.
    - The objection must be received by the Fund within 60 days from the transmittal letter. After the 60-day period, the TA recipient may still object provided the TA report has not yet been disseminated.
    - Appendix A contains a model transmittal letter with the standard language to obtain consent on a non-objection basis.

- Other types of final TA advice to Executive Directors:
  - Other types of final TA advice may be shared with the Executive Director for the country of the TA recipient unless the latter specifically requests otherwise.
  - With respect to other Executive Directors and members of their staff, access may be obtained upon request provided the TA recipient does not specifically object within 60 days from the date on which Fund staff requests consent for dissemination.

### Dissemination of final TA advice within the requesting country or agency (paragraph 14)
- The duty of confidentiality is owed to the direct TA recipient (the specific agency or instrumentality within the member country, non-member or international agency to whom the TA is directed). Final TA advice should be disseminated to and addressed to the head of that agency or instrumentality.
- The Fund encourages the direct TA recipient to share final TA advice with other agencies or instrumentalities within the TA recipient.
- Fund staff may share final TA advice with other agencies or instrumentalities of the member country, non-member, or international agency with the consent of the direct TA recipient.
  - For these purposes, consent of the direct TA recipient shall be obtained on a non-objection basis.
  - Consent will be deemed given if the direct TA recipient does not object within 60 days.

*Source: Excerpt from “Dissemination of Technical Assistance Information” guidelines (effective date May 1, 2009) contained in the provided document.*

### 15.      Dissemination of final TA advice, including TA reports, to donors and TA

### 15.      Dissemination of final TA advice, including TA reports, to donors and TA providers other than the World Bank

### Scope and consent framework
- Final TA advice may be shared with donors and other TA providers with legitimate interest, upon request, with the consent of the TA recipient obtained on a no-objection basis.
- Consent is deemed given if a TA recipient does not object within 60 days from the TA report’s transmittal letter.
- For other types of final TA advice, the objection must be received within 60 days from the date on which Fund staff request consent from the TA recipient.
- After the expiration of the 60-day period, the TA recipient may still object to the dissemination provided the TA report has not yet been disseminated.
- Some donors require, as a condition for funding a Fund TA project, that TA reports produced in connection with that project be shared with them; in such cases Fund management may approve the TA request only if the TA recipient provides ex ante irrevocable consent to share all TA reports from that project with the applicable donor(s). In cases involving ex ante irrevocable consent, the TA recipient would not be able to withdraw its consent once TA provision has begun.

### Legitimate interest and confidentiality
- The authoring TA department, in consultation with the relevant area department, must determine that the donor or TA provider has a legitimate interest in the final TA advice.
- Parties with a “legitimate interest” include:
  - (a) a donor who is financing, fully or partially, a TA project out of which the requested report has been produced; and
  - (b) a donor or TA provider engaging in related activities in the recipient country in the subject matter of the Fund’s TA advice.
- Dissemination to donors and other TA providers with legitimate interest may only take place on the understanding that such information shall be kept confidential.

---

### 16.      Dissemination of final TA advice, including TA reports, to World Bank staff

### TA provided to Fund members
- Under a special procedure stemming from the Concordat on Bank-Fund collaboration, Fund staff may share final TA advice, including TA reports, with World Bank staff upon request, without the need for obtaining the TA recipient’s explicit consent.
- Fund members have been placed on notice that final TA advice, including TA reports, will be shared with Bank staff and, in requesting Fund TA in full knowledge of these rules, are presumed to have implicitly consented to such disclosure.
- Fund staff retain discretion as to whether any particular TA report should be shared with Bank staff; authoring TA departments may consult the TA recipient prior to sharing. If a TA recipient objects to sharing a particular TA report with Bank staff, Fund staff should respect those wishes.
- If confidential information is disclosed to Bank staff, it is shared on the understanding that the Bank will take practical steps to safeguard its confidentiality and treat it within the Bank in the same way that the Fund treats that information within the Fund:
  - Information classified as “CONFIDENTIAL” is disclosed to the Bank on the understanding that it will be made available within the Bank only to those with a “need to know”.
  - Information classified as “STRICTLY CONFIDENTIAL” is disclosed to the Bank on the understanding that it will be made available within the Bank only to those with a “strict need to know”.
  - Bank staff shall not disclose classified information shared with it beyond the Bank.
- Staff should keep in mind the Joint Management Action Plan (JMAP) for Enhancing Bank-Fund Collaboration, which encourages information sharing and collaboration and contains general guidance on sharing documents, including those related to TA.

### TA provided to non-members and international agencies
- For Fund TA provided to non-members or international agencies, there is no existing understanding that TA reports may be shared with World Bank staff; staff would need to obtain the explicit consent of the TA recipient before any disclosure to Bank staff.

---

### 17.      Dissemination of final TA advice, including TA reports, to the general public (publication)

### Publication permissions and procedures
- All types of final TA advice may be published; the Fund specifically encourages the publication of TA reports. Staff should proactively encourage TA recipients to agree to publication by the Fund and to publish Fund TA reports on their own websites.
- Publication by the Fund of any final TA advice requires:
  - the explicit consent of the TA recipient, and
  - the approval of the head of the authoring TA department.
- The TA recipient may withdraw its consent to publication at any time prior to publication.
- Publication by the TA recipient of any final TA advice on its own website or in another form requires the approval of the head of the authoring TA department in consultation with the relevant area department.
- When a TA report or any other final TA advice is to be published, prior to publication by the Fund or the TA recipient the document should be circulated to the Executive Board for its information in the form in which it is to be published (i.e., after any deletions or corrections have been made).

### Deletions and corrections prior to publication
- Prior to publication, sensitive information may be removed; factual corrections and corrections required to ensure accurate characterization of views may be introduced.
- Deletions:
  - May be proposed by the TA recipient provided the relevant material is not already in the public domain and qualifies as:
    - (i) highly-market sensitive information; or
    - (ii) policy intentions whose premature disclosure would seriously undermine the ability of the TA recipient to implement the proposed policy.
  - When deletions are proposed, staff of the authoring TA department will provide staff of other relevant departments, including the area department, the opportunity to review and comment.
  - Following interdepartmental review and recommendations, management will decide on proposed deletions and may consider other factors.
  - Before publication, the following shall be removed from the document:
    - (i) references to unpublished Fund documents,
    - (ii) certain internal processes not disclosed to the public under existing policies, including inquiries regarding possible misreporting and breaches of members’ obligations, and
    - (iii) discussions of a breach of obligation under Article VIII, Section 5 or misreporting that the Managing Director has proposed to be treated as de minimis in nature.
- Corrections:
  - May be proposed to resolve:
    - (i) data or typographical errors;
    - (ii) factual mistakes; and
    - (iii) mischaracterization of views expressed by either the TA recipient or by Fund staff from departments in the context of the internal review process.
  - When corrections are proposed, staff of the authoring TA department will provide staff of other relevant departments, including the area department, the opportunity to review and comment.
  - Following interdepartmental review and recommendations, management will decide on proposed corrections.
- Management’s objection to publication:
  - Management may withhold its consent to publication if it disagrees with deletions or corrections proposed by the TA recipient, in order to maintain the intellectual integrity of the Fund’s TA advice and preserve the substantive thrust of recommendations.

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### V. Implementation of the guidelines

### Delegation and responsibilities
- Under the relevant General Administrative Order of the Fund, management has generally delegated decisions on dissemination of information to heads of departments.
- Unless otherwise specifically indicated in these guidelines, TA-providing departments shall be responsible for implementation of the procedures specified in the guidelines.

### Legal and procedural considerations
- Fund management and staff may not disclose information provided in confidence unless that party consents. Determination that information was provided in confidence is based on all surrounding circumstances and whether there was an understanding (express or implied) that the information would not be disclosed without consent.
- Departments should consult OTM and LEG whenever issues concerning the implementation of these guidelines are unclear.

### Communication and notice to requesters
- Upon receiving a request for TA, staff should ensure the TA recipient is made aware of the existence and general content of these guidelines.
- Staff may attach a copy of the guidelines or include a link to the Fund’s external website in the response to a TA request, and should remind recipients of the guidelines at the start and end of TA missions and in documents transmitting final TA advice.
- In discussing TA requests, departments will inform the member, non-member or international agency requesting Fund TA of the new dissemination procedures.

### Categorization and unusual requests
- Upon receiving a request to disseminate particular TA information, staff should categorize the requested TA information according to the categories listed in paragraph 7 of the guidelines; if unclear, consult OTM and LEG.
- For dissemination requests from academics, researchers, NGOs, private sector entities providing technical assistance, or civil society entities, staff should consult OTM and LEG if unsure how to handle the request.

### Effective date and notifications
- These guidelines will become effective on May 1, 2009.
- To aid notice of the guidelines:
  - A communication will be sent to all Fund members notifying them of these guidelines and attaching a copy.
  - A similar notice will be sent to the World Bank and other international organizations and agencies with which Fund documents are shared under the Fund’s Transmittal Policy.
  - The guidelines will be posted on the Fund’s external website following their circulation to the Executive Board for its information.
  - In discussing TA requests, departments will inform the requester of the new dissemination procedures.

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### Appendices: Templates referenced
- Appendix A: Model Transmittal Letter — includes model language to be used for transmittal of finalized TA reports; specifies that non-objection is deemed if no objection within 60 days from the date of the transmittal letter.
- Appendix B: Model Disclaimer — model disclaimer to be included in all Fund TA reports describing disclosure possibilities to IMF Executive Directors and members of their staff, agencies or instrumentalities of the TA recipient, World Bank staff, and other technical assistance providers and donors with legitimate interest; specifies that disclosure to parties outside the IMF other than those categories requires explicit consent of the TA recipient and the IMF’s [authoring] Department.

*Source: Operational Guidelines for the Dissemination of Technical Assistance Information (sections 15–V, Appendices A and B).*

### Appendix C

### Appendix C

### A. Model Institutional Communication on Confidentiality for Donors and TA Providers other than the World Bank
- Template letter to donor/other TA provider (to be dated and addressed) requesting explicit confirmation that TA information received from the Fund:
  - "shall be treated by your organization as [confidential/strictly confidential] and will be solely for the internal use of your organization [donor/other TA provider]."
  - Prohibits disclosure "either orally or in writing outside your organization [donor/other TA provider]" unless expressly authorized by the Fund and the TA recipient.
  - States that understandings "will become effective on the date on which this letter is returned to the Fund duly signed and dated by an authorized representative of your organization [donor/TA provider]."
- Signature block specified for:
  - Director, Office of Technical Assistance Management, Office of the Managing Director
  - [donor/other TA provider] [signature/ date]
- Footnote 1: "This communication will be sent to donors and TA provider other than the World Bank to obtain their prior and explicit confirmation of the confidentiality understandings."

### B. Confirmation of Understandings on Confidentiality
- Text to be inserted in the letter transmitting requested TA information to a donor or TA provider that has already confirmed confidentiality understandings:
  - "your organization has agreed that any information contained, or referred to in the requested document, shall be treated as confidential and will be solely for the internal use of your organization. Unless the express authorization of the Fund and the TA recipient is granted, the information referred to above shall not disclosed either orally or in writing outside your organization."
- Footnote 2: "This language will be inserted in the letter transmitting the requested TA information to a donor or TA provider that has already confirmed the confidentiality understandings."

### C. Dissemination of TA Information — Access by Audience and Category
- Categories of TA information and general availability rules:
  - The Fact of and Subject-Matter of TA (Not considered confidential, unless TA recipient requests otherwise)
    - Fund Staff: "Available under Fund’s General Administrative Order"
    - Executive Directors: "Available in staff reports"
    - TA Recipient: "Available to direct TA recipient"
    - World Bank: "Ordinarily available, upon request"
    - Donors and Other TA Recipients: "Ordinarily available, upon request"
    - General Public: "May be made publicly available"
  - Information Related to the Administration of TA (Not considered confidential, unless TA recipient requests otherwise)
    - Fund Staff: "Available under Fund’s General Administrative Order"
    - Executive Directors: "Not typically available (Information on the results of TA project evaluations available annually under the Fund’s TA Evaluation Program)"
    - TA Recipient: "Available to direct TA recipient"
    - World Bank: "Ordinarily available, upon request"
    - Donors and Other TA Recipients: "Ordinarily available, upon request"
    - General Public: "Generally not made publicly available"
  - Information Forming the Basis of TA Advice (Considered confidential and generally, not made available beyond Fund staff)
    - Fund Staff: "Available under Fund’s General Administrative Order"
    - Executive Directors: "Not made available"
    - TA Recipient: "Available to direct TA recipient, except for confidential information internally generated by Fund staff or provided by third parties. In the latter case, available if third party consents."
    - World Bank: "For coordination purposes and to exploit synergies, may be made available, upon request, with the prior consent of the TA recipient (and the prior consent of a third party if the latter provided information on a confidential basis)."
    - Donors and Other TA Recipients: "For coordination purposes and to exploit synergies, may be made available, upon request, with the prior consent of the TA recipient (and the prior consent of a third party if the latter provided information on a confidential basis)."
    - General Public: "Generally not made publicly available"
    - Footnote 1 (repeated in table): "In this category, Fund staff would not disclose information about third parties that they would normally regard as confidential (e.g., information on the terms of employment of TA expert)."
  - Final TA Advice (Considered confidential, and may be made available only with the consent of the TA recipient)
    - Fund Staff: "Available under Fund’s General Administrative Order"
    - Executive Directors:
      - (a) Executive Director for the country of the TA recipient: "Available"
      - (b) Other Executive Directors and members of their staff: "Available with the consent of the TA recipient obtained on a non-objection basis."
    - TA Recipient: "Available to direct TA recipient."
    - World Bank:
      - (a) Final TA advice provided to Members: "Available upon request under the Fund-Bank Concordat."
      - (b) Final TA advice provided to Non-members and international agencies: "Available upon request with the explicit consent of the TA recipient."
    - Donors and Other TA Recipients: "Available upon request, with the consent of the TA recipient obtained on a no-objection basis, if donor/TA provider considered with 'legitimate interest'."
    - General Public:
      - "Ex ante irrevocable consent. In some cases of externally financed TA, management reserves the right to approve a request for TA to be financed by donor(s) only if the TA recipient provides its ex ante irrevocable consent to share all TA reports from that project with the relevant donor(s). In cases involving ex ante irrevocable consent, the TA recipient would not be able to withdraw its consent once TA provision has begun."
      - "Fund encourages publication in Fund’s external website and by the member in it’s own website. Publication subject to special policy on deletions and corrections prior to publication."
- Emphasis on consent and coordination:
  - Availability to parties outside the Fund often conditioned on prior consent of the TA recipient and, where applicable, third-party consent.
  - For coordination and to exploit synergies, information may be shared upon request with necessary consents.

*Source: Appendix C*

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_Source: https://www.imf.org/-/media/websites/imf/imported-full-text-pdf/external/np/pp/eng/2009/_040609.pdf_