Senegal - Second Structural Adjustment Credit : Credit 1656 - Credit Agreement - 1 - Conformed

AFRICAN FACILITY CREDIT NUMBER A-10 SE African Facility Credit Agreement (Second Structural Adjustment Credit) between REPUBLIC OF SENEGAL and INTERNATIONAL DEVELOPMENT ASSOCIATION as ADMINISTRATOR of the SPECIAL FACILITY FOR SUB-SAHARAN AFRICA Dated , 1986 AFRICAN FACILITY CREDIT NUMBER A-10 SE AFRICAN FACILITY CREDIT AGREEMENT AGREEMENT, dated 46AAeAA- 0 , 1986, between the REPUBLIC OF SENEGAL (the Borrower) and INTERNATIONAL DEVELOP- MENT ASSOCIATION as ADMINISTRATOR of the SPECIAL FACILITY FOR SUB-SAHARAN AFRICA (the Administrator). WHEREAS (A) the Executive Directors of the International Development Association (IDA) have established by their Resolu- tion No. IDA 85-1 of May 21, 1985, (the Resolution), a Special Facility for Sub-Saharan Africa (the African Facility) consti- tuted by the funds which shall be contributed by the Inter- national Bank for Reconstruction and Development (the Bank) and other donors and administered by IDA, acting as Administrator of the African Facility, for the purpose of, and in accordance with, the provisions of the Resolution; (B) the Administrator has received a letter dated Decem- ber 19, 1985 from the Borrower (the Letter of Development Policy) describing a program of actions, objectives and policies designed to achieve structural adjustment of the Borrower's economy (here- inafter called the Program), declaring the Borrower's commitment to the execution of the Program, and requesting assistance from the Administrator in the financing of urgently needed imports required during such execution and the Administrator has deter- mined that such assistance would be in accordance with the provi- sions of the Resolution; (C) the Borrower has also requested IDA to provide addi- tional assistance towards the financing of the Program and by an agreement of even date herewith between the Borrower and IDA (the Development Credj1 Agreement), IDA is agreeing to provide such assistance in an aggregate principal amount equivalent to eighteen million three hundred thousand Special Drawing Rights (SDR 18,300,000) (the IDA Credit); (D) the Borrower has also requested IDA as Administrator of Special Joint Financing from Switzerland (hereinafter called Switzerland) to provide additional assistance towards the financing of the Program under the Special Joint Financing Agree- ment for the Special African Facility, and by an ag.eement to be entered into between the Borrower and the Administrator (the Swiss Grant Agreement), Switzerland is agreeing to provide such assistance to an aggregate principal amount of thirteen million five hundred thousand Swiss Francs (the Swiss Grant); -2- (E) the Borrower and the Administrator intend, to the extent practicable, that the proceeds of the African Facility Credit and the Swiss Grant be disbursed on account of expendi- tures in respect of the Program, before disbursements of the proceeds of the Credit, provided for in the Development Credit Agreement, are made; and WHEREAS the Administrator has agreed on the basis, inter alia, of the foregoing, to extend the African Facility Credit in two tranches 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 Develop- ment Credit Agreements" of the International Development Associa- tion, dated January 1, 1985, with the modifications set forth below (the General Conditions) constitute an integral part of this Agreement: (a) the term "Association", when used in the General Condi- tions, means the International Development Association acting as Administrator of the African Facility, except in the phrase "member of the Association" in Sections 2.01 (5), 4.02 (b) and 6.02 (e) thereof; (b) the terms "Development Credit Agreement", "Credit" and "Credit Account", when used in the General Conditions, are amend- ed to read "African Facility Credit Agreement", "African Facility Credit" and "African Facility Credit Account", respectively; (c) Section 2.01, paragraph 9, shall be modified to read: "'Project' means the imports and other activities that may be financed out of the proceeds of the African Facility Credit pursuant to the provisions of Schedule 1 to the African Facility Credit Agreement."; (d) the last sentence of Section 3,02 is deleted; (e) the second sentence of Section 5.01 is deleted; (f) in Sections 6.02 and 7.01, the term "Association" shall also include the International Development Association acting in its own capacity; and (g) Section 9.06 (c) shall be modified to read: "(c) Not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Administrator, the Borrower shall pre- pare and furnish to the Administrator a report, of such scope and in such detail as the Administrator shall reason- ably request, on the execution of the program referred to in the Preamble to the African Facility Credit Agreement, the performance by the Borrower and the Administrator of their respective obligations under the African Facility Credit Agreement and the accomplishment of the purposes of the African Facility Credit." Section 1.02. Unless the context otherwise requires, the several terms defined in the General Conditions and in the Pre- amble to this Agreement have the respective meanings therein set forth and the following additional terms have the following mean- ings: (a) "Part II member of IDA" means a member of IDA with res- pect to which the terms and conditions of membership are those prescribed in the Articles of Agreement of IDA for countries whose names are listed in Part II of Schedule A to those Arti- cles; (b) "SITC" means the United Nations Standard International Trade Classification, 1974 Revision (SITC, Rev. 2), published in Commodity Indexes for the Standard International Trade Classifi- cation, Revised, Statistical Papers, Series M, No. 38/Rev.2 (1981); (c) "CFAF" means the currency of the Borrower; (d) "Special Account" means the account referred to in Section 2.02 (b) of this Agreement; (e) "CPSP" means the Borrower's Price Stabilization and Equalization Fund; and (f) "Central Bank" means the Banque Centrale des Etats de l'Afrique de 1'Ouest. ARTICLE II The African Facility Credit Section 2.01. The Administrator agrees to lend to the Bor- rower on the terms and conditions set forth or referred to in the African Facility Credit Agreement, an amount in various curren- cies equivalent to forty million three hundred thousand Special Drawing Rights (SDR 40,300,000 ). Section 2.02. (a) The amount of the African Facility Credit may be withdrawn from the African Facility 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 Administrator. (b) Withdrawals shall be made only on account of expendi- tures for goods produced in, or services supplied from, the territories of: (i) any Part II member of IDA; and (ii) any country designated by the Administrator as meeting the provisions set forth in paragraphs 4 (f) (ii) and (iii) of the Resolution. (c) The Borrower shall, for the purposes of the Program, open and maintain in CFAF a special account in the Central Bank on terms and conditions satisfactory to the Administrator. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 4 to this Agreement. Section 2.03. The Closing Date shall be June 30, 1987 or such later date as the Administrator shall establish. The Admin- istrator shall promptly notify the Borrower of such later date. Section 2.04. (a) The Borrower shall pay to IDA a commitment charge at the rate of one-half of one per cent (1/2 of 1%) per annum on the principal amount of the African Facility Credit not withdrawn from time to time. The commitment charge shall accrue from a date sixty days after the date of the African Facility Credit Agreement to the respective dates on which amounts shall be withdrawn by the Borrower from the African Facility Credit Account or shall be cancelled. -5- (b) The commitment charge shall be paid: (i) at such places as IDA shall reasonably request; (ii) without restrictions of any kind imposed by, or in the territory of, the Borrower; and (iii) in the currency specified in this Agreement for purposes of Sec- tion 4.02 of the General Conditions or in such other eligible currency or currencies as may from time to time be designated or selected pursuant to the provisions of that Section. Section 2.05. The Borrower shall pay to IDA a service charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum on the amount withdrawn from the African Facility Credit Account and outstanding from time to time. Section 2.06. Commitment charges and service charges shall be payable semiannually on February 1 and August 1 in each year. Section 2.07. The Borrower shall repay to IDA the principal amount of the African Facility Credit in semiannual installments payable on each February 1 and August 1 commencing August 1, 1996 and ending February 1, 2036. Each installment to and including the installment payable on February 1, 2006 shall be one-half of one per cent (1/2 of 1%) of such principal amount, and each installment thereafter shall be one and one-half per cent (1-1/2%) of such principal amount. Section 2.08. The currency of the French Republic is hereby specified for the purposes of Section 4.02 of the General Condi- tions. Section 2.09. (a) The national general director for Senegal of the Central Bank is designated as representative of the Borrower for the purposes of taking any action required or per- mitted to be taken under the provisions of Section 2.02 of this Agreement and Article V of the General Conditions. (b) Without limitation or restriction to the foregoing, the Borrower hereby entrusts the Central Bank with responsibility for the preparation of withdrawal applications under the African Facility Credit and for the collection of the documents and other evidence to be furnished to the Administrator in support of such applications; such withdrawal applications shall to the extent practicable be consolidated so as to apply for withdrawal of aggregate amounts of not less than CFAF 1,200,OOC,000. -6- ARTICLE III Particular Covenants Section 3.01. (a) The Borrower and the Administrator shall from time to time, at the request of either party, exchange views on the progress achieved in carrying out the Program, the Bor- rower's arrangements to monitor such progress and the actions specified in Schedule 3 to this Agreement. (b) Prior to each such exchange of views, the Borrower shall furnish to the Administrator for its review and comment a report on the progress achieved in carrying out the Program, in such detail as the Administrator shall reasonably request. Section 3.02. Except as the Administrator shall otherwise agree, procurement of the goods to be financed out of the pro- ceeds of the African Facility Credit shall be governed by the provisions of Schedule 2 to this Agreement. Section 3.03. The Borrower shall: (a) open a counterpart funds account in the Central Bank and make deposits in said account of the local currency obtained by the Borrower from the sale of foreign exchange provided under the African Facility Credit; (b) use such counterpart funds for priority financing of the local currency costs of maintenance and rehabilitation of key infrastructure and public services, acceptable to the Admin- istrator, and of settlement of the Borrower's net arrears in pay- ments due to parapublic and private creditors, in accordance with criteria acceptable to the Administrator; and (c) furnish to the Administrator, for its review and com- ment, quarterly reports on the use of said counterpart funds in such detail as the Administrator shall reasonably request. Section 3.04. (a) The Borrower shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with consistently maintained sound accounting practices the expenditures financed out of the proceeds of the African Facility Credit. (b) The Borrower shall: -7- (i) have the records and accounts referred to in para- graph (a) of this Section including the Special Account for each fiscal year audited, in accor- dance with appropriate auditing principles con- sistently applied, by independent auditors accept- able to the Administrator; (ii) furnish to the Administrator as soon as available, but in any case not later than four months after the end of each such year, a certified copy of the report of such audit by said auditors, of such scope and in such detail as the Administrator shall have reasonably requested; and (iii) furnish to the Administrator such other informa- tion concerning said accounts and the audit there- of as the Administrator shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the African Facility Credit Account were made on the basis of statements of expenditure, the Bot-rower shall: (i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, separate records and accounts reflecting such expenditures; (ii) retain, until at least one year after the Adminis- trator has received the audit report for the fis- cal year in which the last withdrawal from the African Facility Credit Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures; (iii) enable the Administrator's representatives to examine such records; and (iv) ensure that such separate accounts are included in the annual audits referred to in paragraph (b) of this Section and that the report thereof contains, in respect of such separate accounts, a separate opinion by said auditors as to whether the pro- ceeds of the African Facility Credit withdrawn in respect of such expenditures were used for the purposes for which they were provided. 8- ARTICLE IV Additional Event of Suspension Section 4.01. Pursuant to Section 6.02 (h) of the General Conditions, the following additional events are specified: (a) that an event has occurred which shall make it improba- ble that the Program, or a significant part thereof, will be carried out; and (b) (i) Subject to subparagraph (ii' of this paragraph: (A) the right of the Borrower to withdraw the proceeds of any grant or loan made to the Borrower for the financing of the Program shall have been suspended, cancelled or terminated in whole or in part, pursuant to the terms of the Development Credit Agreement or the Swiss Grant Agreement, or (B) any such loan shall have become due and pay- able prior to the agreed maturity thereof. (ii) Subparagraph (i) of this paragraph shall not apply if the Borrower establishes to the satisfaction of the Administrator that: (A) such suspension, can- cellation, termination or prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (B) adequate funds for the Program are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 4.02. Pursuant to Section 7.01 (d) of the General Conditions, the following additional event is specified, namely that the event specified in paragraph (b) (i) (B) of Section 4.01 of this Agreement shall occur, subject to the proviso of para- graph (b) (ii) of that Section. ARTICLE V Effective Date; Termination; Designation of Administrator Section 5.01. The following event is specified as an addi- tional condition to the effectiveness of this Agreement within -9- the meaning of Section 12.01 (b) of the General Conditions, namely, that all conditions preced-nt to the effectiveness of the Development Credit Agreement have been fulfilled. Section 5.02. The date sixty (60) days after the date of this Agreement is hereby specified for the purposes of Section 12.04 of the General Conditions. Section 5.03. In the event that the Executive Directors of IDA decide to terminate the functions of IDA as administrator of the African Facility pursuant to paragraph 10 of the Resolution, the Administrator may, by notice to the Borrower, designate another party which, on the date specified in such notice, shall assume part or all of the rights and obligations of the Admin- istrator under this Agreement in accord ance with the Resolution and such decision of the Executive Directors, as specified in such notice. ARTICLE VI Representative of the Borrower; Addresses Section 6.01. Subject to the provisions in Section 2.09 of this Agreement, the Minister of Planning and Cooperation of the Borrower is designated as representative of the Borrower for the purposes of Section 11.03 of the General Conditions, Section 6.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Borrower: Ministry of Planning and Cooperation P. 0. Box 4010 Dakar Republic of Senegal Telex: 3133 PLAN COOPSG - 10 - For the Administrator: Administrator of the African Facility (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) - 11 - 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. REPUBLIC OF SENEGAL By / /4 J Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION as ADMINISTRATOR of the SPECIAL FACILITY FOR SUB-SAHARAN AFRICA By/ / d n By Regional Vice President Western Africa - 12 - SCHEDULE 1 Withdrawal of the Proceeds of the African Facility Credit 1. Subject to the provisions set forth or referred to in this Schedule, the proceeds of the African Facility Credit may be withdrawn from the African Facility Credit Account for expen- ditures made (or, if the Administrator shall so agree, to be made) in respect of the reasonable cost of goods required during the execution of the Program and to be financed out of such proceeds. 2. Notwithstanding the provisions of paragraph 1 above, no withdrawals shall be made in respect of: (a) expenditures for goods included in the following SITC groups or sub-groups: Group Sub-group Description of Items 112 - Alcoholic beverages 121 - Tobacco, unmanufactured tobacco refuse 122 - Tobacco, manufactured 667 - Pearls, precious and semi- precious stones, unworked or worked 688 - Uranium depleted in U235 and thorium, and their alloys, unwrought or wrought, and articles therefor, n.e.s.; waste and scrap of uranium depleted in U235 and of thorium 718 718.7 Nuclear reactors, and parts thereof, n.e.s. 897 897.3 Jewelry of gold, silver or platinum group metals (except watches and watch cases) and goldsmiths' or silversmiths' wares (including set gems) - 971.0 Gold, non-monetary (excluding gold ores and concentrates) - 13 - (b) expenditures in the currency of the Borrower or for goods supplied from the territory of the Borrower; provided, however, that if the currency of the Borrower is also that of another country from the territory of which goods are supplied, expenditures in such currency for such goods shall be eligible for financing out of the proceeds of the African Facility Credit; (c) payments made for expenditures prior to January 1, 1986; (d) expenditures for goods procured under contracts costing less than $10,000 equivalent; (e) expenditures for goods supplied under a contract which any national or international financing institution or agency other than the Administrator shall have financed or agreed to finance; (f) expenditures for goods intended for a military or para-military purpose or for luxury consumption; and (g) expenditures in excess of aggregate amounts equivalent to SDR 11,000,000 for petroleum products and for foodstuffs, res- pectively, for each commodity. 3. No withdrawal shall be made and no commitment shall be entered into to pay amounts to the Borrower or others in respect of expenditures to be financed out of the proceeds of the African Facility Credit after the aggregate of the proceeds of the African Facility Credit withdrawn from the African Facility Cre- dit Account and the total amount of such commitments shall have reached the equivalent of SDR 20,200,000, unless the Administra- tor shall be satisfied, after an exchange of views as described in Section 3.01 of this Agreement: (a) with the progress achieved by the Borrower in the carrying out of the Program, and (b) that the actions described in Schedule 3 to this Agreement have been taken. - 14 - SCHEDULE 2 Procurement 1. Except as provided in paragraph 3 of this Schedule and sub- ject to the eligibility restrictions set forth in Section 2.02 (b) of this Agreement, contracts for goods to be procured by public entities and contracts for goods estimated to cost the equivalent of $1,000,000 or more each shall be awarded through international competitive bidding in accordance with procedures consistent with those set forth in Sections I and II of the "Guidelines for Procurement under IBRD Loans and IDA Credits" published by the Bank in May 1985 (the Guidelines), subject to the following modifications: (a) Paragraph 2.8 of the Guidelines is deleted and the following is substituted therefor: "2.8 Notification and Advertising The international community should be notified in a timely manner of the opportunity to bid. This will be done by advertising invitations to apply for inclusion in a bid- der's invitation list, to apply for prequalification, or to bid; such advertisements should be placed in at least one newspaper of general circulation in the Borrower's country and, in addition, in at least one of the following forms: (i) a notice in the United Nations publication, Devel- opment Forum, Business Edition; or (ii) an advertisement in a newspaper, periodical or technical journal of wide international circula- tion; or (iii) a notice to local representatives of countries and territories referred to in the Guidelines, that are potential suppliers of the goods required." (b) The following is added at the end of paragraph 2.21 of the Guidelines: "As a further alternative, bidding documents may re- quire the bidder to state the bid price in a single currency widely used in international trade and specified in the bid- ding documents." - 15 - (c) Paragraphs 2.55 and 2.56 of the Guidelines are deleted. 2. The above-mentioned eligibility restrictions shall be stated in the tender or prequalification documents for the procurement of goods pursuant to paragraph 1 of this Schedule. 3. Contracts for goods to be procured by private entities, con- tracts for foodstuffs and petroleum products, commonly traded on the international market and contracts for goods estimated to cost the equivalent of less than $1,000,000 each shall be awarded on the basis of the normal procurement procedures of the pur- chaser of such goods. 4. With respect to each contract referred to in paragraph 1 of this Schedule, the Borrower shall furnish to the Administrator, prior to the submission to the Administrator of the first application for withdrawal of funds from the African Facility Credit Account in respect of such contract, two conformed copies of such contract, together with the analysis of the respective bids and recommendations for award, a description of the adver- tising and tendering procedures followed and such other informa- tion as the Administrator shall reasonably request. 5. With respect to each contract referred to in paragraph 3 of this Schedule, the Borrower shall furnish to the Administrator, prior to the submission to the Administrator of the first appli- cation for withdrawal of funds from the African Facility Credit Account in respect thereof, such documentation and information as the Administrator may reasonably request to supr rt withdrawal applications in respect of such contract. 6. Notwithstanding the provisions of paragraphs 4 and 5 of this Schedule, where payments under a contract are to be made out of the proceeds of the Special Account, the copies of such contract or the documentation and the information to be furnished to the Administrator pursuant to the provisions of paragraph 4 or para- graph 5 of this Schedule, as the case may be, shall be furnished to the Administrator as part of the evidence required under para- graph 4 of Schedule 4 to this Agreement. 7. The provisions of the preceding paragraphs 4, 5 and 6 shall not apply to contracts on account of which the Administrator has authorized withdrawals from the African Facility Credit Account on the basis of statements of expenditure. - 16 - SCHEDULE 3 Actions Referred to in Paragraph 3 (b) of Schedule 1 to this Agreement The following actions shall be taken consistent with the principles outlined in the Program: (a) Agreement between the Borrower and the Administrator on an action program for the development of domestic cereals pro- duction. (b) Agreement between the Borrower and the Administrator on the text of a new tariff code to be submitted by the Borrower to its National Assembly. (c) Replacement of the Borrower's export subsidy scheme with an industrial value -ided system, satisfactory to the Asso- ciation. (d) Satisfactory review by the Administrator of the Bor- rower's draft three-year public investment program for 1987-90. (e) Effective separation of rice operations from the other operations of CPSP, and privatization of internal marketing of imported rice. - 17 - SCHEDULE 4 Special Account 1. For the purposes of this Schedule: (a) the term "eligible expenditures" means expenditures in respect of the reasonable cost of goods required during the exe- cution of the Program and to be financed out of the proceeds of the African Facility Credit in accordance with the provisions of Schedule 1 to this Agreement; and (b) the term "Authorized Allocation" means an amount equi- valent to four thousand four hundred million CFAF to be withdrawn from the African Facility Credit Account and deposited in the Special Account pursuant to paragraph 3 (a) of this Schedule. 2. Except as the Administrator shall otherwise agree, payments out of the Special Account shall be made exclusively for eligible expenditures in accordance with the provisions of this Schedule. 3. After the Administrator has received evidence satisfactory to it that the Special Account has been duly opened, withdrawals of the Authorized Allocation and subsequent withdrawals to reple- nish the Special Account may be made as follows: (a) On the basis of a request or requests by the Borrower for a deposit or deposits which add up to the aggregate amount of the Authorized Allocation, the Administrator shall, on behalf of the Borrower, withdraw from the African Facility Credit Account and deposit in the Special Account such amount or amounts as the Borrower shall have requested. (b) The Borrower shall furnish to the Administrator re- quests for replenishment of the Special Account at such intervals as the Administrator shall specify. On the basis of such re- quests, the Administrator shall withdraw from the African Facili- ty Credit Account and deposit into the Special Account such amounts as shall be required to replenish the Special Account with amounts not exceeding the amount of payments made out of the Special Account for eligible expenditures. Each such deposit shall be withdrawn by the Administrator from the African Facility Credit Account in the respective equivalent amounts as shall have been justified by the evidence supporting the request for such deposit furnished pursuant to paragraph 4 of this Schedule. - 18 - 4. For each payment made by the Borrower out of the Special Account for which the Borrower requests replenishment pursuant to paragraph 3 (b) of this Schedule, the Borrower shall furnish to the Administrator, prior to or at the time of such request, such documents and other evidence as the Administrator shall reason- ably request, showing that such payment was made for eligible expenditures. 5. (a) Notwithstanding the provisions of paragraph 3 of this Schedule, no further deposit into the Special Account shall be made by the Administrator when either of the following situations first arises: (i) the Administrator shall have determined that all further withdrawals can be made directly by the Borrower from the African Facility Credit Account in accordance with the provisions of paragraph (a) of Section 2.02 of this Agreement; or (ii) the total unwithdrawn amount of the African Facil- ity Credit, minus the amount of any outstanding agreement to reimburse made by the Administrator and of any special commitment entered into by the Administrator pursuant to Section 5.02 of the General Conditions with respect to the Program, shall be equal to the equivalent of twice the amount of the Authorized Allocation. (b) Thereafter, withdrawal from the African Facility Cre- dit Account of the remaining unwithdrawn amount of the African Facility Credit shall follow such procedures as the Administrator shall specify by notice to the Borrower. Such further withdrawals shall be made only after and to the extent that the Administrator shall have been satisfied that all such amounts remaining on deposit in the Special Account as of the date of such notice have been or will be utilized in making payments for eligible expen- ditures. 6. (a) If the Administrator shall have determined at any time that any payment out of the Special Account: (i) was made for any expenditure or in any amount not eligible pursuant to paragraph 2 of this Schedule, or (ii) was not justified by the evidence fur- nished pursuant to paragraph 4 of this Schedule, the Borrower shall, promptly upon notice from the Administrator, deposit into the Special Account (or, if the Administrator shall so request, - 19 - refund to the Administrator) an amount equal to the amount of such payment or the portion thereof not so eligible or justi- fied. No further deposit by the Administrator into the Special Account shall be made until the Borrower has made such deposit or refund. (b) If the Administrator 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 Borrower shall, promptly upon notice from the Administrator, refund to the Administrator such outstanding amount for crediting to the African Facility Credit Account. INTERNATIONAL DEVELOPMENT ASSOCIATION CERTIFICATE I hereby certify that the foregoing is a true copy of the original in the archives of the Interna- tional Development Association. In witness whereof I have signed this Certifi- cate and affixed the Seal of the Association thereunto the day of A 198 . FOR SECRETARY