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 as the Bank may
agree upon; provided however, that the provisions of this
paragraph shall not apply if the Recipient establishes to the
satisfaction of the Bank that adequate funds for the Project are
available to the Recipient from other sources on terms and
conditions consistent with the obligations of the Recipient under
this Agreement.
(b) (i) Subject to subparagraph (ii) of this paragraph:
(A) the right of the Recipient to withdraw the proceeds of the
EMP Loan shall have been suspended, canceled or terminated in
whole or in part, pursuant to the terms of the EMP Loan Agreement,
or
(B) the EMP Loan shall have become due and payable prior to the
agreed maturity thereof.
(ii) Subparagraph (i) of this paragraph shall not apply if the
Recipient establishes to the satisfaction of the Bank that: (A)
such suspension, cancellation, termination or prematuring is not
caused by the failure of the Recipient to perform any of its
obligations under such agreement; and (B) adequate funds for the
Project are available to the Recipient from other sources on terms
and conditions consistent with the obligations of the Recipient
under this Agreement.
Article VI
Effectiveness; Termination
Section 6.01. The following events are specified as condition
to the effectiveness of this Agreement:
(a) the Project Implementation Group has been established with
functions, procedures, and staffing satisfactory to the Bank; and
(b) the General Consultant has been hired by the CPPI under
terms of reference and in accordance with procedures satisfactory
to the Bank.
Section 6.02. The date ninety (90) days after the date of this
Agreement is hereby specified for the purposes of Section 12.04 of
the General Conditions.
Section 6.03. This Agreement shall continue in effect until the
Grant has been fully disbursed and the parties to this Agreement
have fulfilled all their obligations hereunder.
Article VII
Representative of the Recipient; Addresses
Section 7.01. The Chairman of the State Committee for
Environmental Protection is designated as representative of the
Recipient for the purposes of Section 11.03 of the General
Conditions.
Section 7.02. The following addresses are specified for the
purposes of Section 11.01 of the General Conditions:
For the Recipient:
State Committee for Environmental Protection
B. Gruzinskaya Street, 4/6
Moscow, 123812
Russian Federation
Telex:
411 692 BOREI
For the Bank:
International Bank for
Reconstruction and Development
1818 H Street, N.W.
Washington, D.C. 20433
United States of America
Cable address: Telex:
INTBAFRAD 248423 (MCI)
Washington, D.C. 64145 (MCI)
In witness whereof, the parties hereto, acting through their
duly authorized representatives, have caused this Agreement to be
signed in their respective names in the District of Columbia,
United States of America, as of the day and year first above
written.
Russian Federation
By Authorized Representative
International Bank for
Reconstruction and Development Acting
as Implementing Agency of the Global
Environment Facility
By Authorized Representative
SCHEDULE 1
WITHDRAWAL OF THE PROCEEDS OF THE GRANT
1. The table below sets forth the Categories of items to be
financed out of the proceeds of the Grant, the allocation of the
amounts of the Grant to each Category and the percentage of
expenditures for items so to be financed in each Category:
----------------------------T-----------------T------------------¬
¦ Category ¦ Amount of the ¦ % of ¦
¦ ¦ Grant Allocated ¦ Expenditures ¦
¦ ¦ (Expressed in ¦ to be Financed ¦
¦ ¦ SDR Equivalent) ¦ ¦
+---------------------------+-----------------+------------------+
¦(1) Goods: ¦ ¦100% of foreign ¦
¦ ¦ ¦expenditures, ¦
¦ (a) for Part A ¦ 220,000 ¦100% of local ¦
¦ of the Project ¦ ¦expenditures ¦
¦ ¦ ¦(ex-factory ¦
¦ (b) for Part B ¦ 1,490,000 ¦cost) and 80% ¦
¦ of the Project ¦ ¦of local ¦
¦ ¦ ¦expenditures for ¦
¦ (c) for Part C ¦ 210,000 ¦other items ¦
¦ of the Project ¦ ¦procured locally ¦
¦ ¦ ¦ ¦
¦ (d) for Part D ¦ 70,000 ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦(2) Consultants' Services, ¦ ¦100% ¦
¦ Training and Study ¦ ¦ ¦
¦ Tours: ¦ ¦ ¦
¦ ¦ ¦ ¦
¦ (a) for Part A ¦ 1,640,000 ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦ (b) for Part B ¦ 4,860,000 ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦ (c) for Part C ¦ 2,440,000 ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦ (d) for Part D ¦ 220,000 ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦(3) Community Investment ¦ 1,710,000 ¦100% ¦
¦ Grants for Part C.3 ¦ ¦ ¦
¦ of the Project ¦ ¦ ¦
¦ ¦ ¦ ¦
¦(4) Incremental Operating ¦ 940,000 ¦100% of local ¦
¦ Expenses for Part D ¦ ¦expenditures ¦
¦ of the Project ¦ ¦incurred ¦
¦ ¦ ¦up to June 30, ¦
¦ ¦ ¦1998, and 50% of ¦
¦ ¦ ¦local expenditures¦
¦ ¦ ¦thereafter ¦
+---------------------------+-----------------+------------------+
¦ TOTAL ¦ 13,800,000 ¦
L---------------------------+-------------------------------------
2. For the purposes of this Schedule:
(a) the term "foreign expenditures" means expenditures in the
currency of any country other than that of the Recipient for goods
or services supplied from the territory of any country other than
that of the Recipient;
(b) the term "local expenditures" means expenditures in the
currency of the Recipient or for goods or services supplied from
the territory of the Recipient;
(c) the term "Community Investment Grants" means grants made to
qualified recipients under Part C.3 of the Project; and
(d) the term "Incremental Operating Expenditures" means the
incremental operating expenditures incurred by the CPPI for
Project implementation, on account of incremental staff salaries,
office rental and utility costs, communication, stationary and
copying expenses.
3. Notwithstanding the provisions of paragraph 1 above, no
withdrawals shall be made in respect of:
(a) payments made for expenditures prior to the date of this
Agreement;
(b) payments made for expenditures in respect of Categories (1)
(a) and (2) (a) of this Schedule, until the executive authorities
of at least one subject of the Recipient affected by or involved
in the implementation of Part A of the Project shall have agreed,
in a manner satisfactory to the Bank, to implement the relevant
part of Part A of the Project; and
(c) payments made for expenditures in respect of Categories (1)
(c), (2) (c), and (3) of this Schedule, until: (i) the Commission
for Lake Baikal shall have issued a general resolution,
satisfactory to the Bank, enabling the implementation of Part C of
the Project; and (ii) the oblast administrations of Chita and
Irkutsk Oblasts and the Government of Buryatia have issued decrees
or resolutions satisfactory to the Bank, providing for the
implementation of Part C of the Project.
4. If the Bank shall have determined at any time that any
payment made from the Grant Account was used for any expenditure
not consistent with the provisions of this Agreement, the
Recipient shall, promptly upon notice from the Bank, refund to the
Bank for deposit into the Grant Account, an amount equal to the
amount so used or the portion thereof as specified by the Bank.
5. The Bank may permit withdrawals from the Grant Account to be
made on the basis of statements of expenditure for expenditures
for goods, individual consultants' services, training and study
tours, community investment grants, and incremental operating
costs under contracts costing less than 50,000 USD equivalent, and
for expenditures for consultants' services under contracts with
firms costing less than 100,000 USD, under such terms and
conditions as the Bank shall specify by notice to the Recipient.
SCHEDULE 2
DESCRIPTION OF THE PROJECT
The objective of the Project is to assist the Recipient to
maintain optimum levels of biodiversity in accordance with the
principles of economic and environmentally sound sustainable
development.
The Project consists of the following parts, subject to such
modifications thereof as the Recipient and the Bank may agree upon
from time to time to achieve such objectives:
Part A
Strategic Overview
1. Development of the national and regional biodiversity
strategies, through the provision of goods, services and training.
2. Strengthening of the effectiveness of biodiversity
strategies through analytical and participatory actions designed
to mainstream environmental protection and biodiversity
conservation into federal and regional development policies.
3. Establishment of a biomonitoring information system to
assist policy makers to take into account biodiversity issues.
Part B
Protected Areas
1. Institutional support through the strengthening of existing
institutional mechanisms, improvement of interagency procedures
and coordination, training of personnel, establishment of an
international expert council on protected areas, and establishment
of regional associations of protected areas, through the provision
of goods, services and training.
2. Improvement of the administration capacities of the
Recipient's national parks and zapovedniks to exercise goal and
project oriented planning, monitoring, implementation and
evaluation of protection initiatives, through the provision of
goods, services and training.
3. Support of public participation and educational programs in
the area of biodiversity through establishment of a coordinating
center for environmental education and public support, publication
of promotional materials and support of promotional programs, and
support for development of model ecotourism projects.
4. Enlargement of the profected area system to ensure better
representation of key areas required to protect and promote
globally significant biodiversity, and development of policies and
legislation for the protection services.
5. Development of a comprehensive training program for
protected area staff.
Part C
Lake Baikal Regional Program
1. Promotion of inter-regional biodiversity conservation and
natural resource management strategies, through analysis of
linkages between economics and environmental protection and
support of policy and institutional capacity building, including
data analysis and collection, and development of uniform legal,
environmental, and economic regulatory mechanisms, through the
provision of goods, services and training.
2. Support of three model regional biodiversity conservation
demonstration projects in the areas of the Goloustnaya river,
Tunguy-Sukhara river, and Khilok river watersheds, through the
provision of goods, services and training.
3. Promotion and support of local biodiversity activities,
through financing of small grants to local institutions, non-
governmental organizations, communities, businesses and
individuals, through the provision of goods, services and
training.
Part D
Project Management and Coordination
Support of existing and new structures and organizations
required for proper management and coordination of Project-related
activities, through the provision of funds for incremental
operating expenses of the CPPI.
* * *
The Project is expected to be completed by June 30, 2001.
SCHEDULE 3
PROCUREMENT AND CONSULTANTS' SERVICES
SECTION I. PROCUREMENT OF GOODS
Part A
GENERAL
Goods shall be procured in accordance with the provisions of
Section I of the "Guidelines for Procurement under IBRD Loans and
IDA Credits" published by the Bank in January 1995 and revised in
January 1996 (the Guidelines) and the following provisions of this
Section, as applicable.
Part B
INTERNATIONAL COMPETITIVE BIDDING
1. Except as otherwise provided in Part C of this Section,
goods shall be procured under contracts awarded in accordance with
the provisions of Section II of the Guidelines and paragraph 5 of
Appendix 1 thereto.
2. The following provisions shall apply to goods to be procured
under contracts awarded in accordance with the provisions of
paragraph 1 of this Part B.
Preference for domestically manufactured goods
The provisions of paragraphs 2.54 and 2.55 of the Guidelines
and Appendix 2 thereto shall apply to goods manufactured in the
territory of the Recipient.
Part C
OTHER PROCUREMENT PROCEDURES
1. International Shopping
Goods estimated to cost less than 300,000 USD equivalent per
contract, up to an aggregate amount not to exceed 3,000,000 USD
equivalent, may be procured under contracts awarded on the basis
of international shopping procedures in accordance with the
provisions of paragraphs 3.5 and 3.6 of the Guidelines.
2. National Shopping
Goods estimated to cost less than 50,000 USD equivalent per
contract, up to an aggregate amount not to exceed 2,600,000 USD
equivalent, may be procured under contracts awarded on the basis
of national shopping procedures in accordance with the provisions
of paragraphs 3.5 and 3.6 of the Guidelines.
Part D
REVIEW BY THE BANK OF PROCUREMENT DECISIONS
1. Procurement Planning
Prior to the issuance of any invitations to prequalify for
bidding or to bid for contracts, the proposed procurement plan for
the Project shall be furnished to the Bank for its review and
approval, in accordance with the provisions of paragraph 1 of
Appendix 1 to the Guidelines. Procurement of all goods and works
shall be undertaken in accordance with such procurement plan as
shall have been approved by the Bank, and with the provisions of
said paragraph 1.
2. Prior Review
With respect to each contract for goods estimated to cost the
equivalent of 100,000 USD or more, the first contract for goods
procured under international shopping and under national shopping
procedures, the procedures set forth in paragraphs 2 and 3 of
Appendix 1 to the Guidelines shall apply.
3. Post Review
With respect to each contract not governed by paragraph 2 of
this Part, the procedures set forth in paragraph 4 of Appendix 1
to the Guidelines shall apply.
SECTION II. EMPLOYMENT OF CONSULTANTS
1. Consultants' services shall be procured under contracts
awarded in accordance with the provisions of the "Guidelines for
the Use of Consultants by World Bank Borrowers and by the World
Bank as Executing Agency" published by the Bank in August 1981
(the Consultant Guidelines). For complex, time-based assignments,
such contracts shall be based on the standard form of contract for
consultants' services issued by the Bank, with such modifications
thereto as shall have been agreed by the Bank. Where no relevant
standard contract documents have been issued by the Bank, other
standard forms acceptable to the Bank shall be used.
2. Notwithstanding the provisions of paragraph 1 of this
Section, the provisions of the Consultant Guidelines requiring
prior Bank review or approval of budgets, short lists, selection
procedures, letters of invitation, proposals, evaluation reports
and contracts, shall not apply to (a) contracts for the employment
of consulting firms estimated to cost less than 100,000 USD
equivalent each or (b) contracts for the employment of individual
consultants estimated to cost less than 50,000 USD equivalent
each. However, said exceptions to prior Bank review shall not
apply to (a) the terms of reference for such contracts, (b) single-
source selection of consulting firms, (c) assignments of a
critical nature, as reasonably determined by the Bank, (d)
amendments to contracts for the employment of consulting firms
raising the contract value to 100,000 USD equivalent or above, or
(e) amendments to contracts for the employment of individual
consultants raising the contract value to 50,000 USD equivalent or
above.
SCHEDULE 4
IMPLEMENTATION PROGRAM
A. OVERALL PROJECT IMPLEMENTATION
1. The SCEP shall be responsible for the overall implementation
of the Project and execution of the Grant. A supervisory committee
(Supervisory Committee), to be chaired by a senior official of the
SCEP (Project Director), shall be responsible for the overall
coordination and monitoring of the Project. The Project Director
shall be responsible for approving policies and providing guidance
on critical aspects of Project component design, operation, and
review. The Chairman of the SCEP shall appoint the Project
Director and other officials of the SCEP who shall be members of
the Supervisory Committee. The head of the FFS shall appoint a
senior official of the FFS to serve as deputy chair of the
Supervisory Committee.
2. The Project Director shall be supported by a project manager
(Project Manager), selected and hired by the CPPI. The Project
Manager shall be supervised by the head of the CPPI with respect
to all administrative matters. The Project Manager shall be
responsible for the day-to-day management of the Project,
including: staff / consultant selection and performance; budget
management; planning, organizational federal / regional
coordination of the technical work, scheduling and quality
control; and reporting and reviewing of work in progress.
3. The Project Director and Project Manager shall be assisted
in the management and supervision of the Project by a general
consultant (General Consultant), a consultant with substantial
experience in the area of international biodiversity conservation,
who shall be hired by the CPPI. Services of a special adviser, an
independent reputable professional specialist, will be
occasionally used by the Project Director, through the CPPI, for
project activities' review and quality control.
4. Each part of the Project shall be supervised by a component
director (Component Director), who shall be a senior official of
the SCEP and shall be appointed by the Chairman of the SCEP.
Component Directors shall report to the Project Director. Each
Component Director, in consultation and coordination with the
Recipient's Federal Forest Service, when appropriate, shall
provide operational and policy guidance for his or her respective
component activities and facilitate coordinated provision of the
agreed-upon Recipient's contribution to the Project.
5. Each Component Director shall be supported by one or more
component managers (Component Managers), selected and hired by the
CPPI. Component Managers shall report to their respective
Component Directors and shall be responsible for component /
regional team budgets, work programs and schedules, staff /
consultant selection, and performance and progress reporting.
B. COMPONENT IMPLEMENTATION
Part A
Strategic Overview
1. The Component Director of the Part A of the Project
(Strategic Overview) shall be appointed by the SCEP and shall be
an official of the SCEP responsible for conservation of biological
resources. The Component Managers shall be responsible for day-to-
day management of activities under Part A of the Project.
Activities under Part A of the Project shall be coordinated with
activities being performed under the Policy and Regulatory Support
Component of the EMP. An international scientific and technical
committee, chaired by World Conservation Union (IUCN), would be
solicited to provide suggestions drawn from comparable programs
around the world.
Part B
Protected Areas
2. The Component Director of Part B of the Project (Protected
Areas) shall be appointed by the SCEP and shall be an official of
the SCEP responsible for protected areas. The Component Director
shall prioritize specific Recipient's contributions to the
Project, including those provided for under the framework of the
"Federal Targeted Program of the State Support for State Natural
Reserves and National Parks for the Period up to 2000". The
Component Director shall be responsible for coordinating education
and training activities funded under the Swiss Grant. The
Component Manager shall report to the Component Director and shall
be responsible for the day-to-day management of the activities
under Part B of the Project.
Part C
Lake Baikal Regional Program
3. Part C of the Project (Lake Baikal Regional Program) shall
be implemented under the direction of a supervisory committee
(Lake Baikal Supervisory Committee) reporting to the Commission
for Lake Baikal and to the Supervisory Committee. The Lake Baikal
Supervisory Committee shall meet at least four times a year and
shall be chaired by the executive secretary of the Commission for
Lake Baikal who shall also be the Component Director for Part C of
the Project. The Lake Baikal Supervisory Committee shall also
include a total of six representatives of the administrative
bodies of the Republic of Buryatia and Irkutsk and Chita Oblasts
and six representatives of the Baikal region's non-governmental
organization (NGO) community. The six administrative
representatives shall include the Regional Subcomponent Directors
nominated by the government of the Republic of Buryatia and
administrations of Irkutsk and Chita Oblasts and appointed by the
SCEP. The heads of the regional bodies of the SCEP or their
designees in the Republic of Buryatia and Irkutsk and Chita
Oblasts shall be among these six representatives. The six NGO
representatives would be nominated by the NGO community for a one-
year term on a rotation basis.
4. Each regional subcomponent manager (Regional Subcomponent
Manager), selected and hired by the CPPI, shall be supervised by
the respective Regional Subcomponent Director. The Regional
Subcomponent Directors and Regional Subcomponent Managers shall be
responsible for the regional and local activities under Part C of
the Project. The inter-regional activities under Part C of the
Project shall be supervised and directed by the Lake Baikal
Supervisory Committee. An inter-regional subcomponent manager
(Inter-regional Subcomponent Manager), selected from outside the
region and hired by the CPPI, shall be responsible for day-to-day
inter-regional activities under Part C of the Project, and shall
be supervised by the Component Director of Part C of the Project.
C. CPPI
1. The CPPI shall be responsible for day-to-day administrative
aspects of Project implementation. The CPPI shall be responsible
for procurement, accounting, disbursement, auditing, reporting and
monitoring, and evaluation activities under the Project. The CPPI
shall engage consultants who shall assist the CPPI in the area of
procurement, financial management and information systems, and
general advice and services, Project performance and progress
evaluation. The CPPI perform its functions under the Project in
accordance with rules and procedures established by the SCEP, and
shall liase with the Recipient's ministries and agencies, other
parties and sub-component implementing teams regarding Project
activities. The CPPI shall be responsible for the hiring of the
Project Manager, Component Managers, and other technical personnel
responsible for Project implementation.
2. To fulfill its responsibilities under the Project, the CPPI
shall create an administrative unit within the CPPI (Project
Implementation Group). The Biodiversity Project Implementation
Group shall be headed by the Project Manager. The CPPI's
accounting and procurement units shall work together with the
Project Manager on issues related to staff / consultants selection
and performance; consolidation of the overall project budget and
financial records; management of the Project's Special Account and
payment of invoices that have been approved by the Project Manager
under the budget; provision of procurement and logistics services
for the Project; information management and reporting; and,
bilateral donor program coordination.
SCHEDULE 5
SPECIAL ACCOUNT
1. For the purposes of this Schedule:
(a) the term "eligible Categories" means Categories (1), (2),
(3) and (4) set forth in the table in paragraph 1 of Schedule 1 to
this Agreement;
(b) the term "eligible expenditures" means expenditures in
respect of the reasonable cost of goods and services required for
the Project and to be financed out of the proceeds of the GET
Grant allocated from time to time to the eligible Categories in
accordance with the provisions of Schedule 1 to this Agreement;
and
(c) the term "Authorized Allocation" means an amount equivalent
to 750,000 USD to be withdrawn from the Grant Account and
deposited into the Special Account pursuant to paragraph 3 (a) of
this Schedule, provided, however, that unless the Bank shall
otherwise agree, the Authorized Allocation shall be limited to an
amount equivalent to 500,000 USD until the aggregate amount of
withdrawals from the Grant Account plus the total amount of all
outstanding special commitments entered into by the Bank pursuant
to Section 5.02 of the General Conditions shall be equal to or
exceed the equivalent of SDR 2,750,000.
2. Payments out of the Special Account shall be made
exclusively for eligible expenditures in accordance with the
provisions of this Schedule.
3. After the Bank has received evidence satisfactory to it that
the Special Account has been duly opened, withdrawals of the
Authorized Allocation and subsequent withdrawals to replenish the
Special Account shall be made as follows:
(a) For withdrawals of the Authorized Allocation, the Recipient
shall furnish to the Bank a request or requests for deposit into
the Special Account of an amount or amounts which do not exceed
the aggregate amount of the Authorized Allocation. On the basis of
such request or requests, the Bank shall, on behalf of the
Recipient, withdraw from the Grant Account and deposit into the
Special Account such amount or amounts as the Recipient shall have
requested.
(b) (i) For replenishment of the Special Account, the Recipient
shall furnish to the Bank requests for deposits into the Special
Account at such intervals as the Bank shall specify.
(ii) Prior to or at the time of each such request, the
Recipient shall furnish to the Bank the documents and other
evidence required pursuant to paragraph 4 of this Schedule for the
payment or payments in respect of which replenishment is
requested. On the basis of each such request, the Bank shall, on
behalf of the Recipient, withdraw from the Grant Account and
deposit into the Special Account such amount as the Recipient
shall have requested and as shall have been shown by said
documents and other evidence to have been paid out of the Special
Account for eligible expenditures. All such deposits shall be
withdrawn by the Bank from the Grant Account under the respective
eligible Categories, and in the respective equivalent amounts, as
shall have been justified by said documents and other evidence.
4. For each payment made by the Recipient out of the Special
Account, the Recipient shall, at such time as the Bank shall
reasonably request, furnish to the Bank such documents and other
evidence showing that such payment was made exclusively for
eligible expenditures.
5. Notwithstanding the provisions of paragraph 3 of this
Schedule, the Bank shall not be required to make further deposits
into the Special Account:
(a) if, at any time, the Bank shall have determined that all
further withdrawals should be made by the Recipient directly from
the Grant Account in accordance with the provisions of Article V
of the General Conditions and paragraph (a) of Section 2.02 of
this Agreement;
(b) if the Recipient shall have failed to furnish to the Bank
within the period of time specified in Section 4.01 (b) (ii) of
this Agreement, any of the audit reports required to be furnished
to the Bank pursuant to said Section in respect of the audit of
the records and accounts for the Special Account;
(c) if, at any time, the Bank shall have notified the Recipient
of its intention to suspend in whole or in part the right of the
Recipient to make withdrawals from the Grant Account pursuant to
the provisions of Section 6.02 of the General Conditions; or
(d) once the total unwithdrawn amount of the Grant allocated to
the eligible Categories for the Project, minus the total amount of
all outstanding special commitments entered into by the Bank
pursuant to Section 5.02 of the General Conditions with respect to
the Project, shall equal the equivalent of twice the amount of the
Authorized Allocation.
Thereafter, withdrawal from the Grant Account of the remaining
unwithdrawn amount of the Grant allocated to the eligible
Categories of the Project shall follow such procedures as the Bank
shall specify by notice to the Recipient. Such further withdrawals
shall be made only after and to the extent that the Bank shall
have been satisfied that all such amounts remaining on deposit in
the Special Account as of the date of such notice will be utilized
in making payments for eligible expenditures.
6. (a) If the Bank shall have determined at any time that any
payment out of the Special Account: (i) was made for an
expenditure or in an amount not eligible pursuant to paragraph 2
of this Schedule; or (ii) was not justified by the evidence
furnished to the Bank, the Recipient shall, promptly upon notice
from the Bank (A) provide such additional evidence as the Trustee
may request, or (B) deposit into the Special Account (or, if the
Bank shall so request, refund to the Bank) an amount equal to the
amount of such payment or the portion thereof not so eligible or
justified. Unless the Bank shall otherwise agree, no further
deposit by the Bank into the Special Account shall be made until
the Recipient has provided such evidence or made such deposit or
refund, as the case may be.
(b) If the Bank shall have determined at any time that any
amount outstanding in the Special Account will not be required to
cover further payments for eligible expenditures, the Recipient
shall, promptly upon notice from the Bank, refund to the Bank such
outstanding amount.
(c) The Recipient may, upon notice to the Bank, refund to the
Bank all or any portion of the funds on deposit in the Special
Account.
(d) Refunds to the Bank made pursuant to paragraphs 6 (a), (b)
and (c) of this Schedule shall be credited to the Grant Account
for subsequent withdrawal or for cancellation in accordance with
the relevant provisions of this Agreement, including the General
Conditions.
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