Dear European Investment Bank,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The below requests apply to project: GPE III - KENYA https://www.eib.org/en/projects/loans/al...

1. Loan contracts and not just limited to environmental or technical requirements
2. Institutions or beneficiaries that received disbursed funds, the amounts and dates of disbursements
3. Any conditions, compliance and/or lending requirements placed on financing institutions or onward lenders to ensure that project funds were employed in the interests of the EU
4. Documents pertaining to project information and objectives
5. Any information on EIB’s undertakings to ensure compliance and integrity within the project
6. Any reports and/or studies by EIB on the outcome of the project
7. Whether the loaned amounts were repaid and on what dates, if not repaid, the outstanding amounts
8. Whether any institutions were required to file reports with the EIB and a description of the type of information that would be required to be part of these reports
9. Any disclosable correspondence or agreement as pertains to the project with any government or private institution, body or agency

Thank you.

Yours faithfully,

Mike Maina

EIB Infodesk, European Investment Bank

Dear Sir/Madam,

Thank you for contacting the European Investment Bank (EIB).
Your request was assigned the following Reference Number [IFD000010237417]. Please retain this number for any future communication.

Please note that your request has entered a queuing system and will be treated in the shortest possible time.

Yours faithfully,
EIB Infodesk team
_______________________
For more details concerning EIB procedures for handling information requests, please refer to the EIB Group "Transparency Policy": (http://www.eib.org/infocentre/publicatio...). If you have any questions, do not hesitate to contact us.

show quoted sections

EIB Infodesk, European Investment Bank

Dear Mr. Maina,

Thank you for your e-mail and interest in the European Investment Bank
(EIB), the long-term financing institution of the European Union.

We hereby confirm receipt of your query, which is being handled in line
with the provisions of the EIB Group Transparency Policy. We will revert
to you as soon as possible.

Many thanks for your kind understanding.

Yours sincerely,

Infodesk Team
European Investment Bank
[EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[1]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [FOI #7327 email]
To: [email address]
Cc:
Sent: 25/09/2019 13:44:52
Subject: access to documents request - GPE III - Kenya

Dear European Investment Bank,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

The below requests apply to project: GPE III - KENYA
[2]https://www.eib.org/en/projects/loans/al...

1. Loan contracts and not just limited to environmental or technical
requirements
2. Institutions or beneficiaries that received disbursed funds, the
amounts and dates of disbursements
3. Any conditions, compliance and/or lending requirements placed on
financing institutions or onward lenders to ensure that project funds were
employed in the interests of the EU
4. Documents pertaining to project information and objectives
5. Any information on EIB’s undertakings to ensure compliance and
integrity within the project
6. Any reports and/or studies by EIB on the outcome of the project
7. Whether the loaned amounts were repaid and on what dates, if not
repaid, the outstanding amounts
8. Whether any institutions were required to file reports with the EIB and
a description of the type of information that would be required to be part
of these reports
9. Any disclosable correspondence or agreement as pertains to the project
with any government or private institution, body or agency

Thank you.

Yours faithfully,

Mike Maina

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #7327 email]

If [EIB request email] is the wrong address for information requests to European
Investment Bank, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[3]https://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010237417

show quoted sections

References

Visible links
1. http://www.eib.org/infocentre/publicatio...
2. https://www.eib.org/en/projects/loans/al...
3. https://www.asktheeu.org/en/help/officers

EIB Infodesk, European Investment Bank

2 Attachments

Dear Mr. Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website, requesting access to
certain documents and information concerning the EIB loan for the Global
Private Enterprise III operation in Kenya (GPE III – Kenya). We also refer
to our acknowledgement of receipt of the same date. Your request is being
handled in line with the EIB Group Transparency Policy (EIB-TP), which
applies to disclosure requests addressed to the EIB.

GPE III – Kenya was the third phase of a programme line to support small
and medium-size enterprises in Kenya’s productive sectors. Please find
attached a document that provides information about the programme, its
objectives and the EIB’s ex post analysis.

Please also find attached a document with information about the allocation
of funds under the programme, including, but not limited to phase three.
The last point of your request is formulated very broadly and does not
enable us to identify specific document(s) or information that should be
considered for disclosure. We therefore invite you to specify which
particular aspects of the operation are of interest to you.

Pending such clarification, we are in the course of examining other
information and documents that may fall under the scope of the reminder of
your request. As this is a relatively old operation, information is
complex to collate and not readily available. In addition, depending on
the specific information concerned, third parties may have to be
consulted. We will therefore have to extend the time limit to reply to the
reminder of your request. The EIB will endeavour to provide a reply within
30 working days from the receipt of your request.

Please note that the EIB cannot disclose the requested information about
specific transactions (amounts and dates of disbursements, repayments,
outstanding amounts, if any). Disclosing this information would harm the
commercial interests of the EIB and its counterparts. In particular,
disclosing detailed insights about credits and debits, cash flows, and
exposures could give third parties an unfair advantage on the market.

Yours sincerely,

Infodesk Team
European Investment Bank
[EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[1]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [FOI #7327 email]
To: [email address]
Cc:
Sent: 25/09/2019 13:44:52
Subject: access to documents request - GPE III - Kenya

Dear European Investment Bank,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

The below requests apply to project: GPE III - KENYA
[2]https://www.eib.org/en/projects/loans/al...

1. Loan contracts and not just limited to environmental or technical
requirements
2. Institutions or beneficiaries that received disbursed funds, the
amounts and dates of disbursements
3. Any conditions, compliance and/or lending requirements placed on
financing institutions or onward lenders to ensure that project funds were
employed in the interests of the EU
4. Documents pertaining to project information and objectives
5. Any information on EIB’s undertakings to ensure compliance and
integrity within the project
6. Any reports and/or studies by EIB on the outcome of the project
7. Whether the loaned amounts were repaid and on what dates, if not
repaid, the outstanding amounts
8. Whether any institutions were required to file reports with the EIB and
a description of the type of information that would be required to be part
of these reports
9. Any disclosable correspondence or agreement as pertains to the project
with any government or private institution, body or agency

Thank you.

Yours faithfully,

Mike Maina

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #7327 email]

If [EIB request email] is the wrong address for information requests to European
Investment Bank, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[3]https://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010237417

show quoted sections

References

Visible links
1. http://www.eib.org/infocentre/publicatio...
2. https://www.eib.org/en/projects/loans/al...
3. https://www.asktheeu.org/en/help/officers

InfoDesk, European Investment Bank

2 Attachments

Dear Mr Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website, requesting access to
certain documents and information concerning the EIB loan for the Global
Private Enterprise III operation in Kenya (GPE III – Kenya).[1]^^[1] We
also refer to our acknowledgement of receipt of the same date. Your
request is being handled in line with the EIB Group Transparency Policy
(EIB-TP), which applies to disclosure requests addressed to the
EIB.[2]^^[2]

GPE III – Kenya was the third phase of a programme line to support small
and medium-size enterprises in Kenya’s productive sectors. Please find
attached a document that provides information about the programme, its
objectives and the EIB’s ex post analysis.

Please also find attached a document with information about the allocation
of funds under the programme, including, but not limited to phase
three.[3]^^[3]

The last point of your request is formulated very broadly and does not
enable us to identify specific document(s) or information that should be
considered for disclosure. We therefore invite you to specify which
particular aspects of the operation are of interest to you.[4]^^[4]

Pending such clarification, we are in the course of examining other
information and documents that may fall under the scope of the reminder of
your request. As this is a relatively old operation, information is
complex to collate and not readily available.[5]^^[5] In addition,
depending on the specific information concerned, third parties may have to
be consulted.[6]^^[6] We will therefore have to extend the time limit to
reply to the reminder of your request. The EIB will endeavour to provide a
reply within 30 working days from the receipt of your request.[7]^^[7]

Please note that the EIB cannot disclose the requested information about
specific transactions (amounts and dates of disbursements, repayments,
outstanding amounts, if any). Disclosing this information would harm the
commercial interests of the EIB and its counterparts.[8]^^[8] In
particular, disclosing detailed insights about credits and debits, cash
flows, and exposures could give third parties an unfair advantage on the
market.

Yours sincerely,

 

Infodesk Team

European Investment Bank

[EIB request email]

 

 

^^[1] [9]https://www.eib.org/en/projects/loans/al...

^2
[10]http://www.eib.org/infocentre/publicatio...

^3 We understand the first part of point 2 of your request to refer to the
projects that received the disbursed funds.

^4 This is in line with Article 5.19, EIB-TP. Please also note that the
EIB may refuse to reply to excessive requests in line with Article 5.30,
EIB-TP.

^5 This is in line with Article 5.23 EIB-TP.

^6 This is in line with Article 5.9, Article 5.22, footnote 8, and Article
5.23 EIB-TP.

^7 This is in line with Article 5.24 EIB-TP.

^8 This is in line with Article 5.5, first indent, EIB-TP.

 

_______________________

For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
http://www.eib.org/infocentre/publicatio...
).  If you have any questions, do not hesitate to contact us.

 

___________________________________________________________
From: [11][FOI #7327 email]
To: [12][email address]
Cc:
Sent: 25/09/2019 13:44:52
Subject: access to documents request - GPE III - Kenya

Dear European Investment Bank,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

The below requests apply to project: GPE III - KENYA
[13]https://www.eib.org/en/projects/loans/al...

1. Loan contracts and not just limited to environmental or technical
requirements
2. Institutions or beneficiaries that received disbursed funds, the
amounts and dates of disbursements
3. Any conditions, compliance and/or lending requirements placed on
financing institutions or onward lenders to ensure that project funds were
employed in the interests of the EU
4. Documents pertaining to project information and objectives
5. Any information on EIB’s undertakings to ensure compliance and
integrity within the project
6. Any reports and/or studies by EIB on the outcome of the project
7. Whether the loaned amounts were repaid and on what dates, if not
repaid, the outstanding amounts
8. Whether any institutions were required to file reports with the EIB and
a description of the type of information that would be required to be part
of these reports
9. Any disclosable correspondence or agreement as pertains to the project
with any government or private institution, body or agency

Thank you.

Yours faithfully,

Mike Maina

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[14][FOI #7327 email]

If [15][EIB request email] is the wrong address for information requests to
European Investment Bank, please tell the AsktheEU.org team on email
[16][email address]

This message and all replies from European Investment Bank will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[17]https://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

______________________________________
EIB Request Reference: IFD000010237417

------------------------

[18][1] [19]https://www.eib.org/en/projects/loans/al...

[20][2]
[21]http://www.eib.org/infocentre/publicatio...

[22][3] We understand the first part of point 2 of your request to refer
to the projects that received the disbursed funds.

[23][4] This is in line with Article 5.19, EIB-TP. Please also note that
the EIB may refuse to reply to excessive requests in line with Article
5.30, EIB-TP.

[24][5] This is in line with Article 5.23 EIB-TP.

[25][6] This is in line with Article 5.9, Article 5.22, footnote 8, and
Article 5.23 EIB-TP.

[26][7] This is in line with Article 5.24 EIB-TP.

[27][8] This is in line with Article 5.5, first indent, EIB-TP.

show quoted sections

References

Visible links
1. file:///tmp/foiextract20191016-13060-49qzkr#_ftn1
2. file:///tmp/foiextract20191016-13060-49qzkr#_ftn2
3. file:///tmp/foiextract20191016-13060-49qzkr#_ftn3
4. file:///tmp/foiextract20191016-13060-49qzkr#_ftn4
5. file:///tmp/foiextract20191016-13060-49qzkr#_ftn5
6. file:///tmp/foiextract20191016-13060-49qzkr#_ftn6
7. file:///tmp/foiextract20191016-13060-49qzkr#_ftn7
8. file:///tmp/foiextract20191016-13060-49qzkr#_ftn8
9. https://www.eib.org/en/projects/loans/al...
10. http://www.eib.org/infocentre/publicatio...
11. mailto:[FOI #7327 email]
12. mailto:[email address]
13. https://www.eib.org/en/projects/loans/al...
14. mailto:[FOI #7327 email]
15. mailto:[EIB request email]
16. mailto:[AsktheEU.org contact email]
17. https://www.asktheeu.org/en/help/officers
18. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref1
19. https://www.eib.org/en/projects/loans/al...
20. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref2
21. http://www.eib.org/infocentre/publicatio...
22. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref3
23. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref4
24. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref5
25. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref6
26. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref7
27. file:///tmp/foiextract20191016-13060-49qzkr#_ftnref8

Dear EIB Infodesk team,

Thank you for your responses dated October 16 2019, September 30 2019 and September 25 2019 in response to my request for information on the Global Private Enterprise III programme in Kenya.

I have had the opportunity to review the documents and your response. The additional 30 working days extension to respond is reasonable under the circumstances.

The last item of the request "9. Any disclosable correspondence or agreement as pertains to the project with any government or private institution, body or agency" can be further narrowed down based in part on the EIB's Ex-post monitoring document to:

9. Any disclosable correspondence or agreement as pertains to the project with the Government of Kenya, the Central Bank of Kenya, or any of these intermediaries:
Barclays Bank of Kenya, Kenya Commercial Bank, East African Development Bank, Kenya Commercial Finance Company. Examples of potentially disclosable documents or sections of documents that fall within this scope would be:
- Any joint or EIB approved press releases or public marketing materials on the programme involving any of the above listed parties
- Agreements with any of above the parties that define their role either as an intermediary or as a borrower
- Any expectations or conditions present in agreements on the listed parties whose disclosure does not harm commercial interests
- A listing of all approved financial intermediaries
- Any other primary borrower besides the Government of Kenya/Central Bank of Kenya

Additional information in the context of the remainder of the request that would be more specific, but not limited to the following, is:
- The date when GPE III – Kenya was officially closed as an EIB programme
- The report or study completed by an independent consultant, Mr. Serge Guetta and the EIB’s monitoring department
- Documents that confirm or show whether onward lending was directly available in currencies other than the Euro and Kenya Shilling as part of the programme (see "Ex-post monitoring" - "The facility has been articulated along two lines: foreign currency lending (only for companies with foreign-exchange revenues) and domestic currency lending (primarily for companies with local currency earnings)."
- Description and purpose of "GPE 3B Risk Capital" if it differs from GPE 3 or is not part of the below listing of amounts and signature dates

According to the "Ex-post monitoring" article and subject to confirmation by EIB, the sole borrower was the Government of Kenya, a non-commercial entity. The EIB's online listing for GPE III lists the below amounts and signature dates (see https://www.eib.org/en/projects/loans/al...

12/12/1996 : EUR 20,000,000
12/12/1996 : EUR 15,000,000
26/07/1998 : EUR 10,000,000

The disclosure of disbursement dates for the above amounts would serve the EU public interest as it does not harm the commercial interests of the EIB or that of the Government of Kenya for a 20 plus year old programme, whose ultimate beneficiaries were intended to be enterprises in Kenya (see "Ex-post monitoring" - "A feature of the scheme has been ample publicity in the media, organised by the consultants, to ensure that the EIB facilities and means of access are known widely"). The request does not seek to determine detailed debits, credits, cashflows of the beneficiary enterprises or intermediaries, but simply when after the signature dates, the batches of funds were released in entirety to the Government of Kenya for availability to enterprises based in Kenya.

The availability of the funds in Kenya, as noted by EIB, would additionally have needed to be publicly made known to the public in order for entrepreneurs in Kenya to access the facilities in line with the interests of the EU. The signature dates have already been disclosed in the public domain by the EIB, disclosure of the disbursement dates would enhance transparency in the conduct of the programme.

References to amounts borrowed by the Government of Kenya for the programme also appear in the public domain in the government's statement of public accounts as would be expected as a matter of transparency of any Government to its citizens and to its lender - the EIB and EU (For example, see line items 139, 151, 152 covering different GPE phases on page 34 of the Financial Statements for the Consolidated Fund for the year 2016 (http://www.treasury.go.ke/financial-repo...). Granted that the Government of Kenya has publicly made such information available, disclosure of disbursement dates would also serve to enhance the EU public interest in the correct and timely employment of the funds for the benefit of the EU's interests.

Uncertainty about the dates and availability of the disbursed funds was previously raised in the public domain as an issue of significant public and national interest by elected representatives of the people of Kenya and senior members of Kenya's government (the borrower) including the Head of State (See page 2811, starting at the last paragraph, https://books.google.com/books?id=KlYkWv...). For these reasons disclosure of the disbursement dates would be reasonable given the highly public elements and context of the programme as well as its current non-operational aspects in the present, 21 years later, which would have no market impact or advantage to third parties.

Please let me know should you need additional clarification or information to process my request. Thank you.

Yours sincerely,

Mike Maina

EIB Infodesk, European Investment Bank

Dear Mr. Maina,

Thank you for your follow-up message of 17 October 2019 regarding your
initial access to documents request of 25 September 2019 sent to the
European Investment Bank (EIB) via the AsktheEU.org website.

We hereby confirm receipt of your follow-up query, and the additional
information, which is being handled in line with the provisions of the EIB
Group Transparency Policy. We will revert to you as soon as possible.

We thank you in advance for your understanding.
Yours sincerely,

Infodesk Team
European Investment Bank
[EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[1]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [FOI #7327 email]
To: [email address]
Cc:
Sent: 17/10/2019 11:29:12
Subject: Re: FW: access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your responses dated October 16 2019, September 30 2019 and
September 25 2019 in response to my request for information on the Global
Private Enterprise III programme in Kenya.

I have had the opportunity to review the documents and your response. The
additional 30 working days extension to respond is reasonable under the
circumstances.

The last item of the request "9. Any disclosable correspondence or
agreement as pertains to the project with any government or private
institution, body or agency" can be further narrowed down based in part on
the EIB's Ex-post monitoring document to:

9. Any disclosable correspondence or agreement as pertains to the project
with the Government of Kenya, the Central Bank of Kenya, or any of these
intermediaries:
Barclays Bank of Kenya, Kenya Commercial Bank, East African Development
Bank, Kenya Commercial Finance Company. Examples of potentially
disclosable documents or sections of documents that fall within this scope
would be:
- Any joint or EIB approved press releases or public marketing materials
on the programme involving any of the above listed parties
- Agreements with any of above the parties that define their role either
as an intermediary or as a borrower
- Any expectations or conditions present in agreements on the listed
parties whose disclosure does not harm commercial interests
- A listing of all approved financial intermediaries
- Any other primary borrower besides the Government of Kenya/Central Bank
of Kenya

Additional information in the context of the remainder of the request that
would be more specific, but not limited to the following, is:
- The date when GPE III – Kenya was officially closed as an EIB programme
- The report or study completed by an independent consultant, Mr. Serge
Guetta and the EIB’s monitoring department
- Documents that confirm or show whether onward lending was directly
available in currencies other than the Euro and Kenya Shilling as part of
the programme (see "Ex-post monitoring" - "The facility has been
articulated along two lines: foreign currency lending (only for companies
with foreign-exchange revenues) and domestic currency lending (primarily
for companies with local currency earnings)."
- Description and purpose of "GPE 3B Risk Capital" if it differs from GPE
3 or is not part of the below listing of amounts and signature dates

According to the "Ex-post monitoring" article and subject to confirmation
by EIB, the sole borrower was the Government of Kenya, a non-commercial
entity. The EIB's online listing for GPE III lists the below amounts and
signature dates (see
[2]https://www.eib.org/en/projects/loans/al...

12/12/1996 : EUR 20,000,000
12/12/1996 : EUR 15,000,000
26/07/1998 : EUR 10,000,000

The disclosure of disbursement dates for the above amounts would serve the
EU public interest as it does not harm the commercial interests of the EIB
or that of the Government of Kenya for a 20 plus year old programme, whose
ultimate beneficiaries were intended to be enterprises in Kenya (see
"Ex-post monitoring" - "A feature of the scheme has been ample publicity
in the media, organised by the consultants, to ensure that the EIB
facilities and means of access are known widely"). The request does not
seek to determine detailed debits, credits, cashflows of the beneficiary
enterprises or intermediaries, but simply when after the signature dates,
the batches of funds were released in entirety to the Government of Kenya
for availability to enterprises based in Kenya.

The availability of the funds in Kenya, as noted by EIB, would
additionally have needed to be publicly made known to the public in order
for entrepreneurs in Kenya to access the facilities in line with the
interests of the EU. The signature dates have already been disclosed in
the public domain by the EIB, disclosure of the disbursement dates would
enhance transparency in the conduct of the programme.

References to amounts borrowed by the Government of Kenya for the
programme also appear in the public domain in the government's statement
of public accounts as would be expected as a matter of transparency of any
Government to its citizens and to its lender - the EIB and EU (For
example, see line items 139, 151, 152 covering different GPE phases on
page 34 of the Financial Statements for the Consolidated Fund for the year
2016
(http://www.treasury.go.ke/financial-repo...).
Granted that the Government of Kenya has publicly made such information
available, disclosure of disbursement dates would also serve to enhance
the EU public interest in the correct and timely employment of the funds
for the benefit of the EU's interests.

Uncertainty about the dates and availability of the disbursed funds was
previously raised in the public domain as an issue of significant public
and national interest by elected representatives of the people of Kenya
and senior members of Kenya's government (the borrower) including the Head
of State (See page 2811, starting at the last paragraph,
[3]https://books.google.com/books?id=KlYkWv...).
For these reasons disclosure of the disbursement dates would be reasonable
given the highly public elements and context of the programme as well as
its current non-operational aspects in the present, 21 years later, which
would have no market impact or advantage to third parties.

Please let me know should you need additional clarification or information
to process my request. Thank you.

Yours sincerely,

Mike Maina

show quoted sections

InfoDesk, European Investment Bank

1 Attachment

Dear Mr Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website, requesting access to
certain documents and information concerning the EIB loan for the Global
Private Enterprise III operation in Kenya (GPE III – Kenya).[1]^^[1] We
also refer to our acknowledgement of receipt of the same date. We further
refer to our partial reply of 16 October 2019 and to your follow-up
message of 17 October 2019. Your request is being handled in line with the
EIB Group Transparency Policy (EIB-TP).[2]^^[2]

Please find attached a brochure providing information on “How to obtain
Loans and Business Assistance through the Kenya Global Private Enterprise
(GPE) Loan Programme”. This document provides information on the project
and its objectives, sets out a list of approved financial institutions,
and clarifies in which currencies products could be made available under
GPE III – Kenya.

The EIB further notes that the sole borrower was the Republic of Kenya and
that “GPE 3B Risk Capital” is part of GPE III – Kenya.

The EIB endeavours to reply to complex requests such as yours within 30
working days from receipt.[3]^^[3] However, the need to collate
information not readily available on an old operation and to consult third
parties requires a longer processing time in this instance.[4]^^[4] The
EIB therefore reserves to provide you with a more comprehensive reply as
soon as possible.

Thank you for your understanding.

 

Yours sincerely,

 

Infodesk Team

European Investment Bank

[5][EIB request email]

 

^^[1] [6]https://www.eib.org/en/projects/loans/al...

^2
[7]http://www.eib.org/infocentre/publicatio...

^3 This is in line with Article 5.24 EIB-TP.

^4 This is in line with Articles 5.9, 5.22, footnote 8, and 5.23 EIB-TP.

_______________________

For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.

 

 

___________________________________________________________
From: [8][email address]
To: [9][FOI #7327 email]
Cc:
Sent: 21/10/2019 10:47:28
Subject: RE: Re: FW: access to documents request - GPE III - Kenya

Dear Mr. Maina,

Thank you for your follow-up message of 17 October 2019 regarding your
initial access to documents request of 25 September 2019 sent to the
European Investment Bank (EIB) via the AsktheEU.org website.

We hereby confirm receipt of your follow-up query, and the additional
information, which is being handled in line with the provisions of the EIB
Group Transparency Policy. We will revert to you as soon as possible.

We thank you in advance for your understanding.
Yours sincerely,

Infodesk Team
European Investment Bank
[10][EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[11]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [12][FOI #7327 email]
To: [13][email address]
Cc:
Sent: 17/10/2019 11:29:12
Subject: Re: FW: access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your responses dated October 16 2019, September 30 2019 and
September 25 2019 in response to my request for information on the Global
Private Enterprise III programme in Kenya.

I have had the opportunity to review the documents and your response. The
additional 30 working days extension to respond is reasonable under the
circumstances.

The last item of the request "9. Any disclosable correspondence or
agreement as pertains to the project with any government or private
institution, body or agency" can be further narrowed down based in part on
the EIB's Ex-post monitoring document to:

9. Any disclosable correspondence or agreement as pertains to the project
with the Government of Kenya, the Central Bank of Kenya, or any of these
intermediaries:
Barclays Bank of Kenya, Kenya Commercial Bank, East African Development
Bank, Kenya Commercial Finance Company. Examples of potentially
disclosable documents or sections of documents that fall within this scope
would be:
- Any joint or EIB approved press releases or public marketing materials
on the programme involving any of the above listed parties
- Agreements with any of above the parties that define their role either
as an intermediary or as a borrower
- Any expectations or conditions present in agreements on the listed
parties whose disclosure does not harm commercial interests
- A listing of all approved financial intermediaries
- Any other primary borrower besides the Government of Kenya/Central Bank
of Kenya

Additional information in the context of the remainder of the request that
would be more specific, but not limited to the following, is:
- The date when GPE III – Kenya was officially closed as an EIB programme
- The report or study completed by an independent consultant, Mr. Serge
Guetta and the EIB’s monitoring department
- Documents that confirm or show whether onward lending was directly
available in currencies other than the Euro and Kenya Shilling as part of
the programme (see "Ex-post monitoring" - "The facility has been
articulated along two lines: foreign currency lending (only for companies
with foreign-exchange revenues) and domestic currency lending (primarily
for companies with local currency earnings)."
- Description and purpose of "GPE 3B Risk Capital" if it differs from GPE
3 or is not part of the below listing of amounts and signature dates

According to the "Ex-post monitoring" article and subject to confirmation
by EIB, the sole borrower was the Government of Kenya, a non-commercial
entity. The EIB's online listing for GPE III lists the below amounts and
signature dates (see
[14]https://www.eib.org/en/projects/loans/al...

12/12/1996 : EUR 20,000,000
12/12/1996 : EUR 15,000,000
26/07/1998 : EUR 10,000,000

The disclosure of disbursement dates for the above amounts would serve the
EU public interest as it does not harm the commercial interests of the EIB
or that of the Government of Kenya for a 20 plus year old programme, whose
ultimate beneficiaries were intended to be enterprises in Kenya (see
"Ex-post monitoring" - "A feature of the scheme has been ample publicity
in the media, organised by the consultants, to ensure that the EIB
facilities and means of access are known widely"). The request does not
seek to determine detailed debits, credits, cashflows of the beneficiary
enterprises or intermediaries, but simply when after the signature dates,
the batches of funds were released in entirety to the Government of Kenya
for availability to enterprises based in Kenya.

The availability of the funds in Kenya, as noted by EIB, would
additionally have needed to be publicly made known to the public in order
for entrepreneurs in Kenya to access the facilities in line with the
interests of the EU. The signature dates have already been disclosed in
the public domain by the EIB, disclosure of the disbursement dates would
enhance transparency in the conduct of the programme.

References to amounts borrowed by the Government of Kenya for the
programme also appear in the public domain in the government's statement
of public accounts as would be expected as a matter of transparency of any
Government to its citizens and to its lender - the EIB and EU (For
example, see line items 139, 151, 152 covering different GPE phases on
page 34 of the Financial Statements for the Consolidated Fund for the year
2016
([15]http://www.treasury.go.ke/financial-repo...).
Granted that the Government of Kenya has publicly made such information
available, disclosure of disbursement dates would also serve to enhance
the EU public interest in the correct and timely employment of the funds
for the benefit of the EU's interests.

Uncertainty about the dates and availability of the disbursed funds was
previously raised in the public domain as an issue of significant public
and national interest by elected representatives of the people of Kenya
and senior members of Kenya's government (the borrower) including the Head
of State (See page 2811, starting at the last paragraph,
[16]https://books.google.com/books?id=KlYkWv...).
For these reasons disclosure of the disbursement dates would be reasonable
given the highly public elements and context of the programme as well as
its current non-operational aspects in the present, 21 years later, which
would have no market impact or advantage to third parties.

Please let me know should you need additional clarification or information
to process my request. Thank you.

Yours sincerely,

Mike Maina

show quoted sections

Dear EIB Infodesk team,

Thank you for your response dated November 11, 2019. I acknowledge receipt of the information contained within, as well as the attached brochure which provides some of the requested information.

Additional information that may be useful for your purposes in identifying specific documents that fall within the scope of the request numbered 9, are: letters of participation. This would be for purposes of the original sub-item referred to as "Agreements with any of above the parties that define their role either as an intermediary or as a borrower".

I acknowledge the additional time needed to respond to my request and understand the same to be reasonable under the circumstances. I look forward to EIB's response as the requested information becomes available.

Yours sincerely,

Mike Maina

InfoDesk, European Investment Bank

Dear Mr Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website,[1]^^[1] requesting
access to certain documents and information concerning the EIB loan for
the Global Private Enterprise III operation in Kenya (GPE III –
Kenya).[2]^^[2] We also refer to our acknowledgement of receipt of the
same date. We further refer to our partial reply of 16 October, to your
follow-up message of 17 October, to our partial reply of 11 November and
to your follow-up message of 13 November 2019. Your request is being
handled in line with the EIB Group Transparency Policy (EIB-TP).[3]^^[3]

We would like to inform you that, as indicated in our message of 11
November, we are still processing the outstanding points of your request,
which concerned information not readily available and complex to collate
and necessitated the consultation of third parties.[4]^^[4] We currently
expect that the consultations should be completed in late November or
early December.[5]^^[5] We will endeavour to provide you with a more
comprehensive reply as soon as possible thereafter.

We thank you in advance for your understanding.

Yours sincerely,

Infodesk Team
European Investment Bank

________________________________________

^^[1] [6]https://www.asktheeu.org/en/request/gpe_...

^2 [7]https://www.eib.org/en/projects/loans/al...

^3
[8]http://www.eib.org/infocentre/publicatio...

^4 This is in line with Articles 5.9, 5.22, footnote 8, and 5.23 EIB-TP.

^5 Please be aware that consultation processes may extend longer than
expected.

 

______________________

For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
http://www.eib.org/infocentre/publicatio...
).  If you have any questions, do not hesitate to contact us.

 

 

___________________________________________________________
From: [9][FOI #7327 email]
To: [10][email address]
Cc:
Sent: 13/11/2019 02:11:11
Subject: Re: FW: access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your response dated November 11, 2019. I acknowledge receipt
of the information contained within, as well as the attached brochure
which provides some of the requested information.

Additional information that may be useful for your purposes in identifying
specific documents that fall within the scope of the request numbered 9,
are: letters of participation. This would be for purposes of the original
sub-item referred to as "Agreements with any of above the parties that
define their role either as an intermediary or as a borrower".

I acknowledge the additional time needed to respond to my request and
understand the same to be reasonable under the circumstances. I look
forward to EIB's response as the requested information becomes available.

Yours sincerely,

Mike Maina

show quoted sections

Dear Infodesk Team,

Thank you for your message dated November 25, 2019. I acknowledge the additional time needed to complete consultations with third parties and for the collation of the requested information. I look forward to your next update once this has been completed.

Yours sincerely,

Mike Maina

InfoDesk, European Investment Bank

Dear Mr Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website,[1]^^[1] requesting
access to certain documents and information concerning the EIB loan for
the Global Private Enterprise III operation in Kenya (GPE III –
Kenya).[2]^^[2] We also refer to our acknowledgement of receipt of the
same date and the subsequent exchanges we have had on this matter. Your
request is being handled in line with the EIB Group Transparency Policy
(EIB-TP).[3]^^[3]

We would like to inform you that the consultations referred to in our
message of 25 November 2019 are taking more time than originally hoped.
Our current expectation is that the consultations should be completed
during the course of this month.[4]^^[4] Please rest assured that we are
actively working on your request and will endeavour to provide you with a
more comprehensive reply as soon as possible.

We thank you in advance for your understanding.

Yours sincerely,

Infodesk Team

European Investment Bank

__________________________________________

[1] [5]https://www.asktheeu.org/en/request/gpe_...

2 [6]https://www.eib.org/en/projects/loans/al...

3
[7]http://www.eib.org/infocentre/publicatio...

4 Please be aware that consultation processes may extend longer than
expected.

 

For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[8]http://www.eib.org/infocentre/publicatio...
If you have any questions, do not hesitate to contact us.

 

show quoted sections

InfoDesk, European Investment Bank

1 Attachment

 

 

Dear Mr Maina,

We refer to your message of 25 September 2019 sent to the European
Investment Bank (EIB) via the AsktheEU.org website,[1]^[1] requesting
access to certain documents and information concerning the EIB loan for
the Global Private Enterprise III operation in Kenya (GPE III –
Kenya).[2]^[2] We also refer to our acknowledgement of receipt of the same
date and the subsequent exchanges we have had on this matter. Your request
was handled in line with the EIB Group Transparency Policy
(EIB-TP).[3]^[3]

We would like to apologise for the time it has taken us to reply to the
points of your request that remained outstanding after our partial replies
of 16 October and 11 November 2019.

Following third-party consultation,[4]^[4] please find attached the
finance contracts for GPE III – Kenya.[5]^[5] Information has been
redacted from these documents in line with our Policy.[6]^[6] The finance
contracts provide additional information on the respective roles of
institutions involved in GPE III – Kenya, on documentation, on currencies,
and on applicable conditions and undertakings.

Please also find attached a list of disbursements that the EIB made under
GPE III – Kenya, which was compiled based on data recorded in our systems,
as well as the monitoring report on the GPE programme, which reflects Mr
Guetta’s report. Information has been redacted from the report in line
with our Policy.[7]^[7]

Finally, we attach a press release providing information about GPE III –
Kenya.

We hope that this information is useful to you and remain at your disposal
should you need further clarifications.[8]^[8]

 

Yours sincerely,

Infodesk Team

European Investment Bank

-----

^[1] [9]https://www.asktheeu.org/en/request/gpe_...

^2 [10]https://www.eib.org/en/projects/loans/al...

^3
[11]http://www.eib.org/infocentre/publicatio...

^4 Art. 5.9, EIB-TP.

^5 The form of participation letters is enclosed as Annex II to finance
contract No 1.9226.

^6 Information concerning identified or identifiable individuals (Art.
5.4(b), EIB-TP) and information that, if disclosed, would undermine
commercial interests (Art. 5.5, first indent, EIB-TP), such as detailed
rates and grace periods applied, payment and remuneration arrangements. No
overriding public interest has been identified which would prevail over
relevant exceptions (Art. 5.7, EIB-TP).

^7 Public interest in international relations (Art. 5.4(a), EIB-TP), with
regard to e.g. information relating to local markets and policies.
Commercial interests (Art. 5.5, first indent, EIB-TP), with regard to e.g.
profit margins, detailed cost and investment components, details of
individual loans and the business relations of third parties.

^8 No overriding public interest has been identified which would prevail
over the above-mentioned relevant exceptions (Art. 5.7, EIB-TP). The EIB
considers that the protection of legitimate interests is still justified
(Art. 5.14, EIB-TP). Should you consider this reply as unsatisfactory, you
have the right to make a confirmatory application or lodge a complaint
with the EIB Group Complaints Mechanism (Art. 5.31, EIB-TP).

 

______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[12]http://www.eib.org/infocentre/publicatio...).
If you have any questions, do not hesitate to contact us.

show quoted sections

Dear EIB Infodesk team,

Thank you for your responses dated January 10, 2020 and January 29, 2020 in response to my request for information on the Global Private Enterprise III programme. I acknowledge receipt of the information contained within as well as the accompanying attachments.

The additional time needed for processing of my request has been reasonable under the circumstances given the need for third party consultations. Following initial review, I am able to confirm that the information and the requested documents have been substantially provided. I would like to request clarification in regards to the requested documents as well as on transparency policies.

I believe there was an error in regards to the copy of the press release that was attached. It is dated September 16, 1991 which would place it as part of an earlier GPE phase. Please review and verify the same.

In the list of disbursements, the disbursement dated 14/12/1998 is listed as being in EUR. Please confirm if this is correct as the EUR came into use on 1/1/1999. Prior to 1/1/1999, the ECU was in use. If an update is made to this information kindly provide an updated list of the same. Would it be possible to list which of the disbursements were respective to each facility (1.9226, 7.1068, 7.113)?

In footnote [6]^[6], it is noted that the detailed rates and grace periods have been omitted in line with Art. 5.5 and 5.7 of the EIB transparency policy. What is the EIB disclosure policy where such information has previously been made available by the primary borrower such as a government for public interest reasons? An example of such a scenario would be where such publication is made in a magazine as part of a response to public inquiry or in a publicly available government publication such as that prepared by government auditors. Would provision of copies of such publications meet the public interest disclosure requirements?

Yours sincerely,

Mike Maina

InfoDesk, European Investment Bank

Dear Mr Maina,

We are pleased to read that the information provided by the European
Investment Bank (EIB) satisfactorily addressed your request of 25
September 2019[1]^^[1] for access to certain documents and information
concerning the EIB loan for the Global Private Enterprise III operation in
Kenya (GPE III – Kenya).[2]^^[2] Please find below the answers to the
clarification questions in your message of 2 February 2020.

As previously explained, GPE III – Kenya was the third phase of a
programme to support small and medium-size enterprises in Kenya’s
productive sectors. The press release attached to our previous message
provides general information about the programme, not limited to the third
phase. We have not been able to identify in our files any press release
specifically related to the third phase.

As regards the reference to the Euro in the list of disbursements, we
reiterate that this list was compiled based on data recorded in our
systems. This data is as shown in the list.

The EIB notes that neither your initial request nor the subsequent
correspondence sought a list of which disbursements were made under each
finance contract, despite it being known that GPE III – Kenya consisted of
three contracts.[3]^^[3] In order to satisfy your request, the EIB
consulted third parties about the documents disclosed to you, which, as
recognised in your latest message, cover the full scope of your request.

Coming to the last paragraph of your message, please note that the EIB
decides on disclosure requests in line with the EIB Group Transparency
Policy (EIB-TP).[4]^^[4] The Policy provides that information and
documents held by the Bank are subject to disclosure upon request, unless
the EIB considers that disclosure would undermine the interests protected
by the Policy.[5]^^[5] The EIB does not object to project promoters,
borrowers, or other competent parties making information/documents
available on their relationship and arrangements with the EIB.[6]^^[6]
Within this context, we are not aware of the detailed rates and grace
periods of this operation having been published in the media or made
publicly available by other competent parties, and the EIB does not assume
any responsibility for such disclosures/publications.

Yours sincerely,

Infodesk Team
European Investment Bank

 

 

^^[1] [7]https://www.asktheeu.org/en/request/gpe_...

^2 [8]https://www.eib.org/en/projects/loans/al...

^3 Your request of 25 September 2019 included a hyperlink to the web page
in footnote 2, which provides information about inter alia the signature
dates and amounts of the three finance contracts. The request referred to
“the amounts and dates of disbursements”. Your message of 17 October 2019
clarified that “[t]he request does not seek to determine detailed debits,
credits, cashflows of the beneficiary enterprises or intermediaries, but
simply when after the signature dates, the batches of funds were released
in [their] entirety to the Government of Kenya for availability to
enterprises based in Kenya.” Therefore, no breakdown of disbursements by
finance contract had been requested.

^4
[9]http://www.eib.org/infocentre/publicatio...

^5 See Art. 5.1(a), EIB-TP.

^6 Art. 5.11, EIB-TP.

 

___________________________________________________________
From: [10][FOI #7327 email]
To: [11][email address]
Cc:
Sent: 02/02/2020 08:14:37
Subject: Re: Access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your responses dated January 10, 2020 and January 29, 2020
in response to my request for information on the Global Private Enterprise
III programme. I acknowledge receipt of the information contained within
as well as the accompanying attachments.

The additional time needed for processing of my request has been
reasonable under the circumstances given the need for third party
consultations. Following initial review, I am able to confirm that the
information and the requested documents have been substantially provided.
I would like to request clarification in regards to the requested
documents as well as on transparency policies.

I believe there was an error in regards to the copy of the press release
that was attached. It is dated September 16, 1991 which would place it as
part of an earlier GPE phase. Please review and verify the same.

In the list of disbursements, the disbursement dated 14/12/1998 is listed
as being in EUR. Please confirm if this is correct as the EUR came into
use on 1/1/1999. Prior to 1/1/1999, the ECU was in use. If an update is
made to this information kindly provide an updated list of the same. Would
it be possible to list which of the disbursements were respective to each
facility (1.9226, 7.1068, 7.113)?

In footnote [6]^[6], it is noted that the detailed rates and grace periods
have been omitted in line with Art. 5.5 and 5.7 of the EIB transparency
policy. What is the EIB disclosure policy where such information has
previously been made available by the primary borrower such as a
government for public interest reasons? An example of such a scenario
would be where such publication is made in a magazine as part of a
response to public inquiry or in a publicly available government
publication such as that prepared by government auditors. Would provision
of copies of such publications meet the public interest disclosure
requirements?

Yours sincerely,

Mike Maina

show quoted sections

Dear EIB Infodesk team,

Thank you for your responses to my clarification questions in your communication dated February 7, 2020.

For the question regarding the Euro, the question was informed by the information disclosed through EIB Request Reference: IFD000010239589 in the publication titled "EIB Lending and Borrowing During the Changeover to the Euro". However, the "as is" clarification is noted.

I acknowledge that the request for disbursements respective to each facility is beyond the initial scope of the request. I will consider submitting a new request in that regard.

I appreciate the elaboration on the policy regarding public disclosures made by a competent authority or borrower. I would like to draw the EIB's attention to examples of such public interest disclosures. Due to the public disclosures made over 20 years ago, I would like to request a response as to whether the EIB would re-consider disclosure of such information due to the existence of the public disclosures identified during the course of research related to the GPE programme. Please kindly advice if this will require a new request.

In copies of a news media publication from 1997, the substantial public interest aspect had been acknowledged and accepted by the borrower through a senior official noting in the conclusion of their response "[...] in view of the above, there are no religiously guarded secrets regarding the current lending of EIB funds." Please review the articles published in The Economic Review dated January 27 - February 2 1997 on page 3 titled "This is Exploitation" which is indicative of public interest in EIB lending, and the response from the Central Bank of Kenya published in The Economic Review of February 3 - 9, 1997 on page 4 where disclosure of rate information is made in paragraphs 1 and 4 of the response.

Additional disclosures of rates and terms are also made in a recently obtained copy of a government publication that is in the public domain, "The Controller and Auditor-General to Parliament on the Appropriation accounts, Other public accounts and the accounts of the funds of the Republic of Kenya for the Year 2006/ 2007". Please review the pages numbered 382-383 for a listing of EIB loans borrowed by the Government of Kenya and their respective terms. In both instances, the information was published in the public interest.

A clarification of any exceptions to EIB's disclosure policy of certain loan terms and rates that have already been disclosed in the public interest by a borrower or competent authority will be useful to have.

A copy of the documents referred to in my current response will be available through this link: https://www.asktheeu.org/en/request/gpe_... which is my current request on AsktheEU.org. Thank you.

Yours sincerely,

Mike Maina

AsktheEU.org Team,

2 Attachments

Dear EIB Infodesk team,
Attached please find a copy of the documents referred to in my previous
response.
Yours sincerely,
Mike Maina

EIB Infodesk, European Investment Bank

Dear Mr. Maina,

Thank you for your e-mail and interest in the European Investment Bank
(EIB), the long-term financing institution of the European Union.

We hereby confirm receipt of your query, which is being handled in line
with the provisions of the EIB Group Transparency Policy. We will revert
to you as soon as possible.

Many thanks for your kind understanding.

Yours sincerely,

Infodesk Team
European Investment Bank
[EIB request email]
_______________________
For more details concerning EIB procedures for handling information
requests, please refer to the EIB Group "Transparency Policy": (
[1]http://www.eib.org/infocentre/publicatio...
). If you have any questions, do not hesitate to contact us.
___________________________________________________________
From: [FOI #7327 email]
To: [email address]
Cc:
Sent: 10/03/2020 13:31:13
Subject: Re: Access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your responses to my clarification questions in your
communication dated February 7, 2020.

For the question regarding the Euro, the question was informed by the
information disclosed through EIB Request Reference: IFD000010239589 in
the publication titled "EIB Lending and Borrowing During the Changeover to
the Euro". However, the "as is" clarification is noted.

I acknowledge that the request for disbursements respective to each
facility is beyond the initial scope of the request. I will consider
submitting a new request in that regard.

I appreciate the elaboration on the policy regarding public disclosures
made by a competent authority or borrower. I would like to draw the EIB's
attention to examples of such public interest disclosures. Due to the
public disclosures made over 20 years ago, I would like to request a
response as to whether the EIB would re-consider disclosure of such
information due to the existence of the public disclosures identified
during the course of research related to the GPE programme. Please kindly
advice if this will require a new request.

In copies of a news media publication from 1997, the substantial public
interest aspect had been acknowledged and accepted by the borrower through
a senior official noting in the conclusion of their response "[...] in
view of the above, there are no religiously guarded secrets regarding the
current lending of EIB funds." Please review the articles published in The
Economic Review dated January 27 - February 2 1997 on page 3 titled "This
is Exploitation" which is indicative of public interest in EIB lending,
and the response from the Central Bank of Kenya published in The Economic
Review of February 3 - 9, 1997 on page 4 where disclosure of rate
information is made in paragraphs 1 and 4 of the response.

Additional disclosures of rates and terms are also made in a recently
obtained copy of a government publication that is in the public domain,
"The Controller and Auditor-General to Parliament on the Appropriation
accounts, Other public accounts and the accounts of the funds of the
Republic of Kenya for the Year 2006/ 2007". Please review the pages
numbered 382-383 for a listing of EIB loans borrowed by the Government of
Kenya and their respective terms. In both instances, the information was
published in the public interest.

A clarification of any exceptions to EIB's disclosure policy of certain
loan terms and rates that have already been disclosed in the public
interest by a borrower or competent authority will be useful to have.

A copy of the documents referred to in my current response will be
available through this link:
[2]https://www.asktheeu.org/en/request/gpe_... which
is my current request on AsktheEU.org. Thank you.

Yours sincerely,

Mike Maina

show quoted sections

InfoDesk, European Investment Bank

3 Attachments

  • Attachment

    19962117 71068 FINANCONT Kenya Global Private Enterprise Loan III for disclosure.pdf

    3.0M Download View as HTML

  • Attachment

    19962117 19226 FINANCONT Global Private Enterprise Loan III for disclosure.pdf

    3.9M Download View as HTML

  • Attachment

    19962117 71113 FINANCONT GPE III KENYA B for disclosure.pdf

    2.3M Download View as HTML

 

Dear Mr Maina,

We refer to your request of 10 March 2020 sent to the European Investment
Bank (EIB) via the AsktheEU.org website[1]^^[1] concerning the EIB loan
for the Global Private Enterprise III operation in Kenya (GPE III –
Kenya).[2]^^[2] We also refer to our acknowledgement of receipt of 16
March 2020. Your request was handled in line with the EIB Group
Transparency Policy (EIB-TP).[3]^^[3]

Following your first request of 25 September 2019 on GPE III – Kenya, the
EIB has provided several replies, information and documents. These
exchanges, including the EIB’s decisions on the requested disclosures, are
available on the AsktheEU.org website.[4]^^[4]

Following your new request,[5]^^[5] we have reviewed our previous
disclosures on the basis of the information you have provided and are
pleased to attach the updated documents concerned.

We hope that this information is useful to you and remain at your disposal
should you need further clarifications.[6]^^[6]

Yours sincerely,

Infodesk Team
European Investment Bank

__________________________________________________

^^[1] [7]https://www.asktheeu.org/en/request/gpe_...

^2 [8]https://www.eib.org/en/projects/loans/al...

^3
[9]http://www.eib.org/infocentre/publicatio...

^4 [10]https://www.asktheeu.org/en/request/gpe_...

^5 The AskTheEU.org website shows your request of 10 March 2020 as
falling within the procedure activated by your first request of 25
September 2019. This is not correct, insofar as the EIB replied to your
first request and the timeline for making a confirmatory application
against the EIB’s reply has expired (Art. 5.31, EIB-TP). Your request of
10 March 2020 is therefore a new request and the EIB handled it as such.

^6 Should you consider this reply as unsatisfactory, you have the right to
make a confirmatory application or lodge a complaint with the EIB Group
Complaints Mechanism (Art. 5.31, EIB-TP).

 

 

___________________________________________________________
From: [11][FOI #7327 email]
To: [12][email address]
Cc:
Sent: 10/03/2020 13:31:13
Subject: Re: Access to documents request - GPE III - Kenya

Dear EIB Infodesk team,

Thank you for your responses to my clarification questions in your
communication dated February 7, 2020.

For the question regarding the Euro, the question was informed by the
information disclosed through EIB Request Reference: IFD000010239589 in
the publication titled "EIB Lending and Borrowing During the Changeover to
the Euro". However, the "as is" clarification is noted.

I acknowledge that the request for disbursements respective to each
facility is beyond the initial scope of the request. I will consider
submitting a new request in that regard.

I appreciate the elaboration on the policy regarding public disclosures
made by a competent authority or borrower. I would like to draw the EIB's
attention to examples of such public interest disclosures. Due to the
public disclosures made over 20 years ago, I would like to request a
response as to whether the EIB would re-consider disclosure of such
information due to the existence of the public disclosures identified
during the course of research related to the GPE programme. Please kindly
advice if this will require a new request.

In copies of a news media publication from 1997, the substantial public
interest aspect had been acknowledged and accepted by the borrower through
a senior official noting in the conclusion of their response "[...] in
view of the above, there are no religiously guarded secrets regarding the
current lending of EIB funds." Please review the articles published in The
Economic Review dated January 27 - February 2 1997 on page 3 titled "This
is Exploitation" which is indicative of public interest in EIB lending,
and the response from the Central Bank of Kenya published in The Economic
Review of February 3 - 9, 1997 on page 4 where disclosure of rate
information is made in paragraphs 1 and 4 of the response.

Additional disclosures of rates and terms are also made in a recently
obtained copy of a government publication that is in the public domain,
"The Controller and Auditor-General to Parliament on the Appropriation
accounts, Other public accounts and the accounts of the funds of the
Republic of Kenya for the Year 2006/ 2007". Please review the pages
numbered 382-383 for a listing of EIB loans borrowed by the Government of
Kenya and their respective terms. In both instances, the information was
published in the public interest.

A clarification of any exceptions to EIB's disclosure policy of certain
loan terms and rates that have already been disclosed in the public
interest by a borrower or competent authority will be useful to have.

A copy of the documents referred to in my current response will be
available through this link:
[13]https://www.asktheeu.org/en/request/gpe_... which
is my current request on AsktheEU.org. Thank you.

Yours sincerely,

Mike Maina

show quoted sections

Dear EIB Infodesk team,

Thank you for your response on March 31, 2020 and for providing the updated documents as well as the prior provision of information while my request was active.

The information that was within the scope of my request has been provided. I am pleased to note that my request has been satisfactorily completed.

Yours sincerely,

Mike Maina