<СОГЛАШЕНИЕ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И МЕЖДУНАРОДНЫМ БАНКОМ РЕКОНСТРУКЦИИ И РАЗВИТИЯ О ГРАНТЕ n tf028315 ДЛЯ ФИНАНСИРОВАНИЯ ПРОЕКТА ГЛОБАЛЬНОГО ЭКОЛОГИЧЕСКОГО ФОНДА ПО СОХРАНЕНИЮ БИОРАЗНООБРАЗИЯ РОССИЙСКОЙ ФЕДЕРАЦИИ (gef trust fund tf028315)> [англ.](Заключено в г. Вашингтоне 29.09.1996)


GEF TRUST FUND TF028315
GLOBAL ENVIRONMENT FACILITY TRUST FUND GRANT AGREEMENT
(Washington, 29.IX.1996)
Agreement, dated September 29, 1996, between Russian Federation (the Recipient) and International Bank for Reconstruction and Development (the Bank), acting as an implementing agency of the Global Environment Facility (GEF) in respect of grant funds provided to the Global Environment Facility Trust Fund (GET Trust Fund) by certain members of the Bank, as participants of the GEF.
Whereas: (A) the Bank, pursuant to Resolution No. 91-5 of March 14, 1991, of the Executive Directors of the Bank, established the GEF to assist in the protection of the global environment and promote thereby environmentally sound and sustainable economic development;
(B) following the restructuring of the GEF, such arrangements are continued in place on the basis set forth in Resolution No. 94-2 (Resolution No. 94-2) of the Executive Directors of the Bank, dated May 24, 1995, establishing the GEF Trust Fund;
(C) the Recipient, having satisfied itself as to the feasibility and priority of the Project described in Schedule 2 to this Agreement, has requested assistance from the resources of the GET Trust Fund in the financing of the Project, and the Bank has determined that such assistance would be in accordance with Resolution No. 94-2;
(D) the Recipient has also requested the Bank to finance the Environmental Management Project (EMP) with which the Project is associated, and, by an agreement dated February 6, 1995 between the Recipient and the Bank (EMP Loan Agreement), as amended, the Bank has agreed to finance the EMP through a loan in an aggregate principal amount equivalent to one hundred ten million Dollars (110,000,000 USD) (EMP Loan);
(E) the Recipient intends to benefit from a Swiss government grant (Swiss Grant) in an amount equivalent to 1,100,000 USD, to assist in the financing of the Project on the terms and conditions to be set forth in an exchange of letters (Swiss Grant Agreement) between the Recipient and the Swiss government; and
Whereas the Bank has agreed, on the basis, inter alia, of the foregoing, to extend the GEF Trust Fund grant (the Grant) to the Recipient 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. (a) The following provisions of the General Conditions Applicable to Loan and Guarantee Agreements of the Bank, dated January 1, 1985, with the modifications set forth in paragraph (b) of this Section (the General Conditions) constitute an integral part of this Agreement:
(i) Article I;
(ii) Sections 2.01 (1), (2), (3), (4), (6), (8), (9), (10), (11), (15), (18) and (20), 2.02 and 2.03;
(iii) Section 3.01;
(iv) Section 4.01 and the first sentence of Section 4.09;
(v) Article V;
(vi) Sections 6.01, 6.02 (a), (c), (d), (e), (f), (i) and (k), 6.03, 6.04 and 6.06;
(vii) Section 8.01 (b);
(viii) Sections 9.01 (a) and (c), 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09;
(ix) Sections 10.01, 10.03 and 10.04;
(x) Article XI; and
(xi) Section 12.04.
(b) The General Conditions shall be modified as follows:
(i) a new paragraph shall be added to the end of Section 2.01 to read as follows: "21. "Special Drawing Rights" and "SDR" mean special drawing rights as valued by the International Monetary Fund in accordance with its Articles of Agreement";
(ii) the term "Bank", wherever used in the General Conditions, other than in Sections 2.01 (8) and 6.02 (f) thereof and the last use of such term in Section 5.01 thereof, means the Bank, acting as an implementing agency of the GEF, except that in Section 6.02, the term "Bank" shall also include the International Bank for Reconstruction and Development acting in its own capacity;
(iii) the term "Borrower", wherever used in the General Conditions, means the Recipient;
(iv) the term "Loan Agreement", wherever used in the General Conditions, means this Agreement;
(v) the term "Loan" and "loan" wherever used in the General Conditions, means the Grant;
(vi) the term "Loan Account" wherever used in the General Conditions, means the Grant Account;
(vii) the second sentence of Section 5.01 is modified to read:
"Except as the Bank and the Recipient shall otherwise agree, no withdrawals shall be made: (a) on account of expenditures in the territories of any country which is not a member of the Bank or for goods procured in, or services supplied from, such territories; or (b) for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import to the knowledge of the Bank is prohibited by a decision of the United Nations Security Council, taken under Chapter VII of the Charter of the United Nations"; and
(viii) a new sub-paragraph is added after sub-paragraph (k) in Section 6.02 of the General Conditions, as follows: "(1) An extraordinary situation shall have arisen in which any further disbursement under the Grant would exceed the resources available for disbursement from the GEF Trust Fund."
Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions and in the Recitals to this Agreement have the respective meanings therein set forth and the following additional terms have the following meanings:
(a) "Commission for Lake Baikal" means the Recipient"s Governmental Commission for Lake Baikal, established pursuant to Government of Russia Resolution No. 653 entitled "On Organization of Activity of Governmental Commission for Lake Baikal", dated July 12, 1993, or any successor thereto;
(b) "Component Director" means a senior official of the Recipient appointed by the SCEP to supervise the management and implementation of a Project part, and referred to in Part A.4 of Schedule 4 to this Agreement;
(c) "Component Manager" means a person responsible for day-to-day management of a Project part, and referred to in Part A.5 of Schedule 4 to this Agreement;
(d) "CPPI" means the Recipient"s Center for Project Preparation and Implementation, a non-commercial organization founded by the Ministry of Environmental Protection and Natural Resources pursuant to Order No. 247, dated December 2, 1993, and duly registered on December 30, 1993, by the Division on Registration of Noncommercial Organizations, Department of Social and Political Relations, Municipal Government of Moscow, or any successor thereto;
(e) "EMP Loan Agreement" means the agreement dated February 6, 1995 between the Recipient and the Bank, as such agreement may be amended from time to time; and such term includes the "General Conditions Applicable to Loan and Guarantee Agreements" of the Bank, dated January 1, 1985, as applied to such agreement, and all schedules and agreements supplemental to the EMP Loan Agreement; and the term "EMP Loan" means the loan provided under the EMP Loan Agreement;
(f) "General Consultant" means the general consultant referred to in Part A.3 of Schedule 4 to this Agreement;
(g) "FFS" means the Federal Forest Service of the Recipient, or any successor thereto;
(h) "Inter-regional Subcomponent Manager" means a person selected to perform the day-to-day implementation of inter-regional activities under Part C of the Project, and referred to in Part B.4 of Schedule 4 to this Agreement;
(i) "Lake Baikal Supervisory Committee" means a committee responsible for the overall implementation and management of Part C of the Project, and referred to in Part B.3 of Schedule 4 to this Agreement;
(j) "Project Director" means a senior official of the SCEP appointed to chair the Supervisory Committee and referred to in Part A.1 of Schedule 4 to this Agreement;
(k) "Project Implementation Group" means an administrative unit within the CPPI, referred to in Part C.2 of Schedule 4 to this Agreement;
(l) "Project Manager" means a person responsible for day-to-day management of the Project, and referred to in Part A.2 of Schedule 4 to this Agreement;
(m) "Regional Subcomponent Director" means an official of the administration of the Irkutsk Oblast, government of the Republic of Buryatia, and administration of the Chita Oblast appointed by the SCEP in coordination with such regional authorities to supervise regional and local activities under Part C of the Project, and referred to in Part B.4 of Schedule 4 to this Agreement;
(n) "Regional Subcomponent Manager" means a person selected to perform the day-to-day implementation of regional and local activities under Part C of the Project, and referred to in Part B.3 of Schedule 4 to this Agreement;
(o) "SCEP" means the Recipient"s State Committee for Environmental Protection, or any successor thereto;
(p) "Special Account" means the account referred to in Section 2.02 (b) of this Agreement; and
(q) "Supervisory Committee" means a committee responsible for the overall coordination and monitoring of the Project, referred to in Part A.1 of Schedule 4 to this Agreement.
Article II
The Grant
Section 2.01. The Bank agrees to make available to the Recipient, on the terms and conditions set forth or referred to in this Agreement, the Grant in an amount in various currencies equivalent to thirteen million eight hundred thousand Special Drawing Rights (SDR 13,800,000).
Section 2.02. (a) The amount of the Grant may be withdrawn from the Grant 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 and services required for carrying out the Project and to be financed out of the proceeds of the Grant.
(b) The Recipient may, for the purposes of the Project, open and maintain in Dollars a special deposit account in a commercial bank on terms and conditions satisfactory to the Bank, including appropriate protection against set off, seizure or attachment. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 5 to this Agreement.
Section 2.03. The Closing Date shall be June 30, 2002, or such later date as the Bank shall establish. The Bank shall promptly notify the Recipient of such later date.
Article III
Execution of the Project
Section 3.01. (a) The Recipient declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative, financial and technical practices, and with due regard to ecological and environmental factors, 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 Recipient and the Bank shall otherwise agree, the Recipient shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement.
Section 3.02. Except as the Bank shall otherwise agree, procurement of the goods and consultants" services required for the Project and to be financed out of the proceeds of the Grant shall be governed by the provisions of Schedule 3 to this Agreement.
Section 3.03. Without limitation upon the applicable provisions of Section 9.07 of the General Conditions, the Recipient 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 Recipient and the Bank, a plan for the future sustainability of the Project"s objectives;
(b) afford the Bank a reasonable opportunity to exchange views with the Recipient on said plan; and
(c) thereafter, carry out said plan with due diligence and efficiency and in accordance with appropriate practices, taking into account the Bank"s comments thereon.
Article IV
Financial Covenants
Section 4.01. (a) The Recipient shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Recipient responsible for carrying out the Project or any part thereof.
(b) The Recipient shall:
(i) have the records and accounts referred to in paragraph (a) of this Section, including those for the Special Account, for each fiscal year audited, in accordance with appropriate 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; and
(iii) furnish to the Bank such other information concerning said records and accounts and the audit thereof as the Bank shall from time to time reasonably request.
(c) For all expenditures with respect to which withdrawals from the Grant Account were made on the basis of statements of expenditure, the Recipient shall:
(i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures;
(ii) retain, until at least one year after the Bank has received the audit report for the fiscal year in which the last withdrawal from the Grant Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures;
(iii) enable the Bank"s representatives to examine such records; and
(iv) ensure that such records and accounts are included in the annual audit referred to in paragraph (b) of this Section and that the report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals.
Article V
Remedies of the Bank
Section 5.01. Pursuant to Section 6.02 (k) of the General Conditions, the following additional events are specified:
(a) The exchange of letters related to the Swiss Grant and referred to in Whereas Clause (E) of this Agreement shall not have occurred by June 30, 1996, or such later date

"СОВМЕСТНАЯ ДЕКЛАРАЦИЯ О ДАЛЬНЕЙШЕМ УГЛУБЛЕНИИ ОТНОШЕНИЙ ДРУЖБЫ И СОТРУДНИЧЕСТВА МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И СИРИЙСКОЙ АРАБСКОЙ РЕСПУБЛИКОЙ"(Принята в г. Москве 25.01.2005)  »
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