<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
