<СОГЛАШЕНИЕ МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И МЕЖДУНАРОДНЫМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ (МБРР) О ЗАЙМЕ ДЛЯ ФИНАНСИРОВАНИЯ ПРОЕКТА РАЗВИТИЯ СИСТЕМЫ ГОСУДАРСТВЕННОЙ СТАТИСТИКИ> (loan number 4468 ru) [англ.](Заключено в г. Вашингтоне 30.11.1999)


Loan Number 4468 RU
LOAN AGREEMENT
(DEVELOPMENT OF THE STATE STATISTICAL SYSTEM PROJECT)
BETWEEN RUSSIAN FEDERATION AND INTERNATIONAL BANK
FOR RECONSTRUCTION AND DEVELOPMENT
(Washington, 30.XI.1999)
Agreement, dated November 30, 1999, between the Russian Federation (the Borrower) and the International Bank for Reconstruction and Development (the Bank).
Whereas (A) the Borrower, having satisfied itself as to the feasibility and priority of the project described in Schedule 2 to this Agreement (the Project), has requested the Bank to assist in the financing of the Project; and
whereas the Bank has agreed, on the basis, inter alia, of the foregoing, to extend the Loan to the Borrower upon the terms and conditions set forth in this Agreement;
now therefore the parties hereto hereby agree as follows:
Article I
General Conditions; Definitions
Section 1.01. The "General Conditions Applicable to Loan and Guarantee Agreements for Single Currency Loans" of the Bank, dated May 30, 1995 (as amended through December 2, 1997) (the General Conditions), constitute an integral part of this Agreement.
Section 1.02. Unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement have the respective meanings therein and herein set forth and the following additional terms have the following meanings:
(a) "BEA" means the Bureau of Economic Analysis, a legal entity established in the form of a foundation registered with the Borrower"s Ministry of Justice on August 9, 1996, pursuant to Ministry of Justice Certificate of Registration No. UR-31, and supervised by the Board of Trusties, whose members include representatives of the founders, and the MOF, MOE, Ministry of Labor, State Committee of Property, and State Committee on Antimonopoly Activity of the Borrower, or any successor or successors thereto;
(b) "Coordinating Committee" means a coordinating committee to be established by the Borrower, and whose members will include representatives of the MOF, MOE, Goskomstat and State Customs Committee, and referred to in paragraph 2 of Schedule 5 to this Agreement, or any successor or successors thereto;
(c) "Goskomstat" means the State Committee of the Russian Federation on Statistics, or any successor or successors thereto;
(d) "MOE" means the Borrower"s Ministry of Economy, or any successor or successors thereto;
(e) "MOF" means the Borrower"s Ministry of Finance, or any successor or successors thereto;
(f) "Operational Manual" means a manual, satisfactory to the Bank, to be adopted by the BEA, setting forth procedures and rules related to Project implementation, as the same may be amended from time to time;
(g) "PIU" means the Borrower"s project implementation unit to be established and maintained within the BEA, and referred to in paragraph 4 of Schedule 5 to this Agreement, or any successor or successors thereto;
(h) "PMR" means a project management report referred to in Section 4.01 (d)(ii) of this Agreement, and prepared in accordance with Section 4.02 of this Agreement;
(i) "Project Implementation Agreement" means the agreement between the Borrower, represented by the MOF and Goskomstat, and the BEA, referred to in Section 3.02 of this Agreement, as the same may be amended from time to time, and such term includes all schedules and agreements to the Project Implementation Agreement;
(j) "Special Account" means the account referred to in Section 2.02 (b) of this Agreement; and
(k) "State Customs Committee" means the Borrower"s State Customs Committee, or any successor or successors thereto.
Section 1.03. Each reference in the General Conditions to the "Project implementation entity" shall be deemed as a reference to the BEA.
Article II
The Loan
Section 2.01. The Bank agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Loan Agreement, an amount equal to thirty million Dollars (30,000,000 USD).
Section 2.02. (a) The amount of the Loan may be withdrawn from the Loan Account in accordance with the provisions of Schedule 1 to this Agreement for expenditures made (or, if the Bank shall so agree, to be made) in respect of the reasonable cost of goods, works and services required for the Project described in Schedule 2 to this Agreement and to be financed out of the proceeds of the Loan.
(b) The Borrower may, for the purposes of the Project, open and maintain in Dollars a special deposit account (Special Account) in a commercial bank, acceptable to the Bank, on terms and conditions satisfactory to the Bank, including appropriate protection against set-off, seizure and attachment. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 6 to this Agreement.
Section 2.03. The Closing Date shall be June 30, 2004, or such later date as the Bank shall establish. The Bank shall promptly notify the Borrower of such later date.
Section 2.04. The Borrower shall pay to the Bank a fee in an amount equal to one percent (1%) of the amount of the Loan. On or promptly after the Effective Date, the Bank shall, on behalf of the Borrower, withdraw from the Loan Account and pay to itself the amount of the said fee.
Section 2.05. The Borrower shall pay to the Bank a commitment charge at the rate of three-fourths of one percent (3/4 of 1 %) per annum on the principal amount of the Loan not withdrawn from time to time.
Section 2.06. (a) The Borrower shall pay interest on the principal amount of the Loan withdrawn and outstanding from time to time, at a rate for each Interest Period equal to LIBOR Base Rate plus LIBOR Total Spread.
(b) For the purposes of this Section:
(i) "Interest Period" means the initial period from and
including the date of this Agreement to, but excluding, the
first Interest Payment Date occurring thereafter, and after
the initial period, each period from and including an Interest
Payment Date to, but excluding the next following Interest
Payment Date.
(ii) "Interest Payment Date" means any date specified in
Section 2.07 of this Agreement.
(iii) "LIBOR Base Rate" means, for each Interest Period,
the London interbank offered rate for six-month deposits in
Dollars for value the first day of such Interest Period (or,
in the case of the initial Interest Period, for value the
Interest Payment Date occurring on or next preceding the first
day of such Interest Period), as reasonably determined by the
Bank and expressed as a percentage per annum.
(iv) "LIBOR Total Spread" means, for each Interest Period:
(A) three-fourth of one percent (3/4 of 1%);
(B) minus (or plus) the weighted average margin, for
such Interest Period, below (or above) the London
interbank offered rates, or other reference rates, for
six-month deposits, in respect of the Bank"s outstanding
borrowings or portions thereof allocated by the Bank to
fund single currency loans or portions thereof made by it
that include the Loan; as reasonably determined by the
Bank and expressed as a percentage per annum.
(c) The Bank shall notify the Borrower of LIBOR Base Rate and LIBOR Total Spread for each Interest Period, promptly upon the determination thereof.
(d) Whenever, in light of changes in market practice affecting the determination of the interest rates referred to in this Section 2.06, the Bank determines that it is in the interest of its borrowers as a whole and of the Bank to apply a basis for determining the interest rates applicable to the Loan other than as provided in said Section, the Bank may modify the basis for determining the interest rates applicable to the Loan upon not less than six (6) months" notice to the Borrower of the new basis. The basis shall become effective on the expiry of the notice period unless the Borrower notifies the Bank during said period of its objection thereto, in which case said modification shall not apply to the Loan.
Section 2.07. Interest and other charges shall be payable semiannually in arrears on March 15 and September 15 in each year.
Section 2.08. The Borrower shall repay the principal amount of the Loan in accordance with the amortization schedule set forth in Schedule 3 to this Agreement.
Article III
Execution of the Project
Section 3.01. (a) The Borrower declares its commitment to the objectives of the Project and, to this end, shall carry out the Project primarily through the Goskomstat and BEA, all with due diligence and efficiency and in conformity with appropriate administrative, financial and statistical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project.
(b) Without limitation upon the provisions of paragraph (a) of this Section, and except as the Borrower and the Bank shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 5 to this Agreement.
Section 3.02. In order to facilitate the efficient carrying out of the Project, the Borrower, through the MOF and Goskomstat, shall enter into a project implementation agreement (Project Implementation Agreement) with the BEA, under terms and conditions which shall have been approved by the Bank, and which shall include, but not be limited to the following:
(a) scope of responsibilities and description of activities to be carried out by the BEA during the execution of the Project, consistent with Schedule 5 to this Agreement;
(b) staffing requirements to be fulfilled by the BEA, including a requirement that the BEA shall establish and maintain during the execution of the Project a project implementation unit within the BEA with qualified staff and consultants and other resources, and under terms of reference satisfactory to the Borrower and the Bank;
(c) basis of BEA financing related to expenditures incurred by the BEA in connection with the Project; and
(d) reporting, accounting and auditing requirements.
Section 3.03. Except as the Bank shall otherwise agree, procurement of the goods, works and consultants" services required for the Project and to be financed out of the proceeds of the Loan shall be governed by the provisions of Schedule 4 to this Agreement.
Section 3.04. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall:
(a) prepare, on the basis of guidelines acceptable to the Bank and furnish to the Bank not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Bank, a plan designed to ensure the continued achievement of the Project"s objectives; and
(b) afford the Bank a reasonable opportunity to exchange views with the Borrower on said plan.
Article IV
Financial Covenants
Section 4.01. (a) The Borrower shall cause the BEA to maintain a financial management system, including records and accounts, and prepare financial statements, all in accordance with accounting standards acceptable to the Bank, consistently applied, adequate to reflect its operations and financial conditions and to register separately the operations, resources and expenditures related to the Project.
(b) The Borrower shall cause the BEA to:
(i) have its records, accounts and financial statements
(balance sheet, statements of sources and uses of funds, and
related statements) for each fiscal year audited, in
accordance with auditing standards acceptable to the Bank,
consistently applied, by independent auditors acceptable to
the Bank;
(ii) furnish to the Bank as soon as available, but in any
case not later than six (6) months after the end of each such
year,
(A) certified copies of the financial statements
referred to in paragraph (a) of this Section for such
year so audited, and
(B) an opinion on such statements, records and
accounts, and report of such audit by said auditors of
such scope and in such detail as the Bank shall have
reasonably requested; and
(iii) furnish to the Bank such other information
concerning such records and accounts, and the audit thereof,
and concerning said auditors, as the Bank shall from time to
time reasonably request.
(c) For all expenditures with respect to which withdrawals from the Loan Account were made on the basis of statements of expenditure, the Borrower shall cause the BEA to:
(i) maintain, in accordance with paragraph (a) of this
Section, records and separate accounts reflecting such
expenditures;
(ii) ensure that all records (contracts, orders, invoices,
bills, receipts and other documents) evidencing such
expenditures are retained until at least one (1) year after
the Bank has received the audit report for the fiscal year in
which the last withdrawal from the Loan Account was made; and
(iii) enable the Bank"s representatives to examine such
records.
(d) The Borrower shall cause the BEA to:
(i) have the records and accounts referred to in paragraph
(c)(i) of this Section and those for the Special Account for
each fiscal year audited, in accordance with auditing
principles consistently applied, by independent auditors
acceptable to the Bank;
(ii) furnish to the Bank as soon as available, but in any
case not later than six (6) months after the end of each such
year the report of such audit by said auditors, of such scope
and in such detail as the Bank shall have reasonably
requested, including a separate opinion by said auditors on
the project management reports (PMRs) submitted during such
fiscal year, and as to whether

"СОГЛАШЕНИЕ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ РЕСПУБЛИКИ ТАДЖИКИСТАН О СОТРУДНИЧЕСТВЕ В ОБЛАСТИ ПРАВИТЕЛЬСТВЕННОЙ СВЯЗИ"(Заключено в г. Саратове 30.11.1999)  »
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