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Abstract

The world is facing increasingly global challenges like climate change, growing income inequality, financial crises, and the COVID-19 pandemic. These challenges disproportionately impact economically developing countries. Development Finance Institutions (DFIs) and International Finance Institutions (IFIs) are tools that the international community deploys to mobilize private capital to support development projects around the world. The International Development Finance Corporation is a newly formed U.S. DFI that consolidated the United States’ development finance initiatives into one government entity.

The U.S. International Development Finance Corporation (DFC) is a bilateral entity that receives funding from the U.S. government to further economic advancement in developing countries, but it is unclear which aspects of domestic law apply to the DFC and its accountability mechanism. This Comment argues that the DFC is an “agency” under the Government in the Sunshine Act (“Sunshine Act”), the Freedom of Information Act (FOIA), and the Administrative Procedure Act (APA), as supported by the transparency mandates in the Better Utilization of Investments Leading to Development (BUILD) Act of 2018 and international standards.

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