Burundi - Second Technical Assistance Project : Credit 0917 - Credit Agreement - Conformed

기 i 11f CREDIT NUMBER 917 BU DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated June 1, 1979, between REPUBLIC OF BURUNDI (hereinafter called the Borrower) and INTERNATI04AL DEVELOPMENT ASSOCIATION (hereinafter called the Association). ARTICLE I General Conditions; Definitions Se,1--tion 1.01. The parties to this Agreement accept all the provisions of the General Conditions Applicable to Development Credit Agreements of the Association, dated March 15, 1974, with the same force and effect as if they were fully set forth herein (said General Conditions Applicable to Development Credit Agree- ments of the Association being hereinafter called the General Condition's) Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions have the respective meanings therein set forth and the term "sub-project" means any specific study or project of technical assistance to be financed out of the proceeds of the Credit, as described in Schedule 2 to this Agreement. ARTICLE II The Credit Section 2.01. The Association agrees to lend to the Borrower,, on the terms and conditions in the Development Credit Agreement set forth or referred to, an amount in various currencies equiva lent to two million five hundred thousand dollars ($2,500,000). Section 2.02. The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule 1 to this Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and the Association, for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project and to be financed out of the proceeds of the Credit. -2- Section 2.03. Except as the Association shall otherwise agree, the goods and services (other than advisers ' and consul- tants' services) for the Project to be financed out of the pro- ceeds of the Credit shall be procured in accordance with the Borrower's normal procurement procedures. Section 2.04. The Closing Date shall be December 31, 1982 or such later date as the Association shall establish. The Association shall promptly notify the Borrower of such later date. Section 2.05. The Borrower shall pay to the Association a service charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum on the principal amount of the Credit withdrawn and outstanding from time to time. Section 2.06. Service charges shall be payable semiannually on April 15 and October 15 in each year. Section 2.07. The Borrower shall repay the principal amount of the Credit in semiannual installments payable on each April 15 and October 15 commencing October 15, 1989, and ending April 15, 2029 each installment to and including the installment payable on April 15, 1999, to be one-half of one per cent (1/2 of 1%) of such principal amount, and each installment thereafter to be one and one-half per cent (1-1/2%) of such principal amount. Section 2.08. The currency of the United States of America is hereby specified for the purposes of Section 4.02 of the Gen- eral Conditions. ARTICLE III Execution of the Project and Other Covenants Section 3.01. The Borrower shall carry out the Project through its Ministry of Planning with due diligence and efficiency and in conformity with appropriate administrative and financial practices, and shall provide, promptly as needed, the funds, facilities, serTices and other resources required for the purpose. Section 3.02. The purposes and scope of each sub-project, the methods of the implementation thereof and the specific allocation thereto of proceeds of the Credit shall be determined by agreement between the Borrower and the Association. -3- Section 3.03. (a) For the purpose of assisting the Borrower in carrying out each sub-project, the Borrower shall employ advisers or consultarts whose qualifications, experience and terms and conditions of employment shall be satisfactory to the Associ- ation. (b) The Borrower shall appoint counterpart personnel to the advisers and consultants to be empioyed pursuant to paragraph (a) -f this Section, as shall be agreed between the Borrower and the Association in respect of each sub-project. Section 3.04. The Borrower shall apply the proceeds of the Credit in accordance with the provisions of this Agreement exclu- sively to expenditures on the Project. Section 3.05. Except as the Association shall otherwise agree, the Borrower shall cause all goods and services financed out of the proceeds of the Credit to be used exclusively for the Project. Section 3.06. The Borrower shall cause its Ministry of Plan- ning to prepare and furnish to the Association for its approval, not later than December 31, 1980, detailed proposals for the use of the proceeds of the Credit. Section 3.07. (a) The Borrower shall furnish to the Asso- ciation, promptly upon their preparation, copies of the documents prepared, in respect of Part (ii) of the Project, by the advisers and consultants to be employed pursuant to Section 3.03 (a) of this Agreement, including reports and drafts thereof, in such number as the Association shall reasonably request. (b) The Borrower and the Association shall from time to time exchange views with respect to the evaluation and implemen- tation of the recommendations and other conclusions contained in the documents referred to in paragraph (a) of this Section. . (c) The Borrower: (i) shall maintain records and proce- dures adequate to record and monitor the progress of the Project (including its cost and the benefits to be derived from it), to identify the goods and services financed out of the proceeds of the Credit, and to disclose their use in the Project; (ii) shall enable the Association's accredited representatives to inspect any records and documents relevant to the Project, including the records and documents which the consultants and advisers employed by the Borrower shall be required to keep for the purposes of the Project; and (iii) shall furnish or cause to be furnished to the Association at regular intervals all such information as the Association. shall reasonably request concerning the Project, its cost and, where appropriate, the benefits to be derived from it, the expenditure of the proceeds of the Credit and the goods and services financed out of such proceeds. (d) Promptly after completion of the Project, but in any event not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Bor rwer and the Association, the Borrower shall prepare and furnish t6 the Association a report, of such scope and in such detail as the Association shall reasonably request, on the execution of the Project, its cost and the benefits derived and to be derived from it, the performance by the Borrower and the Association of their respective obligations under the Development Credit Agreement and the accomplishment of the purposes of the Credit. Section 3.08. (a) The Borrower shall establish, for each sub- project, arrangements and procedures, satisfactory to the Associa- tion, for selecting services, equipment and supplies and directing their use for such sub-project, supervising and directing the work of the advisers or consultants employed therefor, recommend- ing modifications of the advisers' or consultants' terms of refer- ence or other terms and conditions of employment, and reviewing the reports and recommendations of such advisers or consultants. (b) The Borrower shall take all measures necessary to facilitate the work of the advisers or consultants to be employed pursuant to Section 3.03 (a) of this Agreement, cooperate fully with them in the performance of their services, and make available to them all such information as shall be necessary or useful for the successful execution of the Project. (c) The Borrower shall not, without the prior approval of the Association: (i) amend or waive any of the terms and condi- tions of employment (including the terms of reference) of the advisers and consultants to be employed pursuant to Section 3.03 (a) of this Agreement for any sub-project; (ii) consent t. any material extension of the time specified for the performance of their tasks or any approval of sub-contractors or modification thereof, or substitution of personnel of such consultants; or (iii) suspend payments under, or terminate any contract with such consultants or advisers. VA -5- Section 3.09. The Borrower shall maintain or cause to be maintained records adequate to reflect in accordance with con- sistently maintained appropriate accounting practices the opera- tions, resources and expenditures, in respect of the Project, of the departments or agencies of the Borrower responsible for carrying out the Project or any sub-project. ARTICLE IV Termination Section 4.01. "The date September 5, 1979, is hereby speci- fied'for the purposes of Section 12.04 of the General Conditions. ARTICLE V Representative of the Borrower; Addresses Section 5.01. The Minister of Finance of the Borrower is designated as representative of the Borrower for the purposes of Section 11.03 of the General Conditions. Section 5.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Borrower: Ministere des Finances Botte Postale 1830 Bujumbura, Burundi Cable address: Telex: MINFIN MINAFFEXT 65 Buja -Bujumbura, Burundi For the Association: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: Telex: INDEVAS 440098 (ITT) Washington, D.C. 248423 (RCA) or 64145 (WUI) IN WITNESS WHEREOF, the parties hereto, acting through their representatives thereunto duly authorized, 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. REPUBLIC OF BURUNDI By Is/ Clement Sambira Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By Is/ W. Wapenhans Regional Vice President Eastern Africa Ir J,I "AI -7- SCHEDULE 1 Withdrawal of the Proceeds of the Credit 1. The table below sets forth the Categories of items to be financed out of the proceeds of the Credit, the allocation of the amounts of the Credit to each Category and the percentage of expenditures for items so to be financed in each Category: Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed (1) Salaries and 1,310,000 100% of foreign other emoluments expenditures of advisers (2) Consultants' 940,000 100% of foreign services expenditures (3) Training and 150,000 100% of foreign scholarships expenditures (4) Equipment and 50,000 100% of foreign vehicles expenditures and 80% of local expenditures (5) Unallocated 50,000 TOTAL 2,500,000 2. For the purposes of this Schedule: (a) the term "foreign expenditures" means expenditures in the currency of any country other than the Borrower and for goods or services supplied from the territory of any country other than the Borrower; and (b) the term "local expenditures" means expenditures in the currency of the Borrower and for goods or services supplied from the territory of the Borrower. -8- 3. The disbursement percentages have been calculated in com- pliance with the policy of the Association that no proceeds of the Credit shall be disbursed on account of payments for taxes levied by, or in the territory of, the Borrower on goods or services, or on the importation, manufacture, procurement or stipply thereof; to that end, if the amount of any such taxes levied on or in respect of any item to be financed out of the proceeds of the Credit decreases or increases, the Association may, by notice to the Borrower, increase or decrease the disbursement percentage then applicable to such item as required to be consistent with the aforementioned policy of the Association. 4. Notwithstanding the provisions of paragraph I above, no withdrawals shall be made in respect of, payments made for expen- ditures prior to the date of this Agreement. 5. Notwithstanding the allocation of an amount of the Credit or the disbursement percentages set forth in the table in para- graph 1 above, if the Association has reasonably estimated that the amount of the Credit then allocated to any Category will be insufficient to finance the agreed percentage of all expenditures in that Category, the Association may, by notice to the Borrower: (i) reallocate to such Category, to the extent required to meet the estimated shortfall, proceeds of the Credit which are then allocated to another Category and which in the opinion of the Association are not needed to meet other expenditures; and (ii) if such reallocation cannot fully meet the estimated shortfall, reduce the disbursement percentage then applicable to such expen- ditures in order that further withdrawals under such Category may continue until all expenditures thereunder shall have been made. 19 SCHEDULE 2 Description of the Project The Project ie designed to strengthen the Bo rower's planning and project implementation capacity; it consists in the folloving: (i) strengthening the Borrower's planning and project preparation capacity utilizing about 16 man-years of advisory services; (ii) provision of about 140 man-months of consultancy services for: (A) carrying out pre-investment and feasibility studies and preparing projects; and (B) conducting studies related to agricul- tural credit, marketing of industrial and agriculturalproducts, establishment of artisan centers and such other subjects as the Borrower and the Association shall determine; and (iii) training and provision of scholarships in the fields. of statistics, plan- ning, and project<preparation and analysis. VI1 * * * The Project is expected to be completed by June 1982. 4 4. År