Exclusions

Complaint will be excluded from both problem solving and compliance review functions if:

1. it is not related to ADB's actions or omissions during formulating, processing, or
   implementing ADB-assisted projects;
2. Complainants have not made good faith efforts to address with the operations
   department concerned;
3. two or more years have passed since the loan or grant closing date of the ADB-
   assisted project
4. it is frivolous, malicious, trivial, or generated to gain competitive advantage;
5. it is about the procurement of goods and services, including consulting services;
6. it is about fraud or corruption in ADB-assisted projects or by ADB staff;
7. it is about the adequacy or suitability of ADB's existing policies and procedures;
8. it is within the jurisdiction of ADB's Appeals Committee or ADB's Administrative
   Tribunal, or relate to ADB personnel matters; and/or
9. it is about ADB's non-operational housekeeping matters, such as finance and
   administration.

The compliance review function also excludes complaints that:

1. are the responsibility of other parties such as the borrower, executing agency,
   or potential borrower, unless the conduct of these other parties is directly
   relevant to the assessment of ADB's compliance with its operational policies and
   procedures;
2. do not involve ADB’s noncompliance with its operational policies and procedures;
3. are being dealt with by the Special Project Facilitator up to the completion of step
   3 under the problem solving function;
4. relate to the laws, policies, and regulations of the borrowing country, unless this
   directly relates to ADB's compliance with its operational policies and procedures;
   and/or
5. are about matters already considered by the CRP unless new evidence is
   presented and unless the subsequent complaint can be readily consolidated with
   the earlier complaint.

Complainants are encouraged to bring their problems first with the project-level
grievance redress mechanisms to facilitate prompt problem solving on the ground.
However, this is not a precondition to access the Accountability Mechanism.