On the ratification of the Grant Agreement of the Trust Fund (Drylands Management Project) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, acting as the Executive Agency of the Global Environment Facility

Home / RLA / On the ratification of the Grant Agreement of the Trust Fund (Drylands Management Project) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, acting as the Executive Agency of the Global Environment Facility

On the ratification of the Grant Agreement of the Trust Fund (Drylands Management Project) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, acting as the Executive Agency of the Global Environment Facility

The Law of the Republic of Kazakhstan dated January 8, 2004 No. 518

To ratify the Grant Agreement of the Trust Fund (Drylands Management Project) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, acting as the Executive Agency of the Global Environment Facility, signed in Astana on September 26, 2003.

President of the Republic of Kazakhstan

Unofficial translation

Approved by Resolution of the Government of the Republic of Kazakhstan dated September 11, 2003 No. 920

GEF Trust Fund Grant N TF052161-KZ

Global Environment Facility

Grant agreement of the Trust Fund

(Drylands Management Project) between the Republic of Kazakhstan and the International Bank for Reconstruction and Development, acting as the Executive Agency of the Global Environment Facility

September 26, 2003

GEF TRUST FUND GRANT N TF052161-KZ

THE GRANT AGREEMENT OF THE GEF TRUST FUND

AGREEMENT dated September 26, 2003 between the REPUBLIC OF KAZAKHSTAN (Recipient) and the INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (The Bank) acting as the executive agency of the Global Environment Facility (GEF) regarding grant funds provided to the GEF Trust Fund by certain representatives of the Bank as members of the GEF, referred to as the Parties, BEARING IN MIND THAT (A) The Bank, in accordance with the decision of the Executive Directors of the Bank No. 91-5 dated March 14, 1991, established the Global Environment Facility to Assist in the Protection of the Global Environment and thus contributed to the promotion of environmentally sound and sustainable economic development; (B) after the restructuring, the GEF identified such measures based on decision No. 94-2 of May 24, 1994 of the Bank's Board of Directors, which established the Trust Fund and appointed the Bank as a trustee of the GEF Trust Fund (decision No. 94-2); (C) the second supplement of the GEF Trust Fund was approved based on the decision of the Board of Directors of the Bank No. 98-2 dated July 14, 1998 (decision No. 98-2); (D) the third supplement of the GEF Trust Fund was approved based on the decision of the Board of Directors of the Bank No. 2002-0005 dated December 19, 2002 (decision No. 2002-0005); (E) The Recipient, having verified the feasibility and priority of the project described in Annex 2 of this Agreement (the Project), requested assistance in financing the Project from the sources of the GEF Trust Fund, and the request was approved in accordance with the terms of the establishment of the restructured Global Environment Facility, approved by decision No. 94-2, and should be funded from contributions to the GEF Trust Fund in accordance with decision No. 98-2, which may include funds for the first replenishment of the GEF Trust Fund in accordance with decision No. 94-2; Since the Bank, on the basis of the above, agrees to extend the provision of the GEF Trust Fund to the Recipient of the Grant, subject to the conditions set out in this Agreement, The Parties have agreed on the following:

Article 1 General conditions

Section 1.01. (a) The following provisions of the General Terms and Conditions applicable to Bank Loans and Guarantee Agreements dated January 1, 1985, as amended in paragraph (b) of this section (General Terms and Conditions), form 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) Sections 12.01 (c), 12.03 and 12.04.

(b) The General Terms and Conditions will be amended as follows: (i) the term "Bank" used in the General Terms and Conditions, except in sections 2.01 (8) and therefore 6.02 (f), and the last use of such term in Section 5.01, means a Bank acting as an executive agency of the GEF, except that that in section 6.02, the term "Bank" should also mean a Bank operating in its own jurisdiction; (ii) the term "Borrower", as used in the General Terms, means the Recipient; (iii) the term "Loan Agreement", wherever used in the General Terms and Conditions, means this Agreement; (iv) the terms "Loan" and "Loans", wherever used in the General Terms and Conditions, mean a grant from the GEF Trust Fund; (v) the term "Loan Account", wherever It is neither used in General Terms nor means the account of the GEF Trust Fund.; (vi) the second sentence of section 5.01 has been amended to read as follows: "Except as otherwise agreed by the Bank and the Recipient, funds will not be allocated from the account: (a) for expenses incurred in the territory of any other country not a member of the Bank, or for goods produced, or for services provided from these territories; or b) for the purpose of paying people or organizations, or for any imported goods, if such payment or import, in the opinion of the Bank, is prohibited by a decision of the United Nations Security Council adopted in Chapter VII of the Charter of the United Nations; and (vii) after subparagraph (j), a new subparagraph has been added in section 6.02 of the General Terms and Conditions: "in the event that any further costs of the GEF Trust Fund Grant exceed the available resources for spending GEF funds, an emergency situation will arise.".

Section 1.02. Certain terms of the General Terms, wherever they are used in this Agreement, unless otherwise provided in the content, as well as in the description of this Agreement, have a corresponding specific meaning, and the following additional terms have the following meaning: (a) "EMP" means the Environmental Management Plan dated April 24, 2002. (b) "OFM" means any of the financial monitoring reports that have been prepared in accordance with section 4.02 of this Agreement; (c) "MOE" means the Ministry of Environmental Protection of the Republic of Kazakhstan; (d) "GUP" means the Project management group established in accordance with Section 5.01 of this Agreement; (e) "RCP" means the Project steering committee consisting of representatives of the Ministry of Environmental Protection, the Ministry of Agriculture, the Ministry of Economy and the Budget planning authorities, local authorities, representatives of the public and the private sector, to monitor the implementation of the Project; (f) "Selected Area" means the Shet District or any other area of the Recipient (Borrower), depending on changes that the Recipient (Borrower) and the Association may agree from time to time; (g) "Special Account" means the account referred to in section 2.02 (b) of this Agreement.

Article II Grant of the GEF Trust Fund

Section 2.01. The Bank agrees, on the terms and conditions set forth in this Agreement, to provide a grant from the GEF Trust Fund in various currencies in the amount equivalent to 5,270,000 US dollars (five million two hundred and seventy thousand US dollars).

Section 2.02. (A) The funds of the GEF grant may be withdrawn from the GEF grant account in accordance with the defined terms of Appendix 1 of this Agreement to pay for expenses incurred (or, with the consent of the Bank, to pay for planned expenses) necessary to purchase goods and services required for the implementation of the Project, and must be funded from the funds of the GEF grant. (C) The Recipient, in the interests of the Project, may open and maintain a special deposit account in US dollars (Special Account) subject to conditions and powers satisfactory to the Bank, including appropriate protection against liquidation, confiscation or seizure. Deposits and payments from this Special Account must be made in accordance with Annex 4 of this Agreement.

Section 2.03. The deadline is March 31, 2009 or any later date to be set by the Bank. The Bank must immediately notify the Recipient of a later date.

Article III Project Implementation

Section 3.01. The Recipient declares his obligations towards the Project, as set out in Annex 2 of this Agreement, and to this end will implement the Project through the State Unitary Enterprise with due diligence and efficiency and in accordance with appropriate administrative and financial methods and with due regard to environmental factors, and will provide facilities, premises, services and other resources required for the implementation of the Project.

Section 3.02. Except in cases where the Bank comes to another agreement, the purchase of goods and services of consultants required for the Project and funded by the GEF grant must be regulated in accordance with the terms of Annex 3 of this Agreement.

Section 3.03. For the purposes of Section 9.08 of the General Provisions and, moreover, without limitation, the Recipient undertakes to: (a) on the basis of the Guidelines adopted by the Bank, prepare and submit to the Bank, no later than six months after the expiration date or another later date agreed for this purpose by the Recipient and the Bank, a plan for further project activities (b) provide the Bank with a reasonable opportunity to exchange views with the Recipient on the above plan.

Section 3.04. The Recipient guarantees that: (a) he will take all necessary measures in a timely manner to implement the EMP and (b) will include all relevant information on the implementation of these measures in the progress report, which will satisfy the Bank.

Section 3.05. By October 31, 2003, the Recipient will appoint a financial management specialist who will meet the requirements of the Bank.

Article IV Financial conditions

Section 4.01. (a) 5.1. a) The Recipient will maintain or arrange for the maintenance of a system of records and accounts that adequately reflect project operations and resources, in accordance with the current accounting practices of the Recipient's departments and agencies responsible for the implementation of the Project or its section. b) The Recipient, through the State Unitary Enterprise, will: i) audit the records and accounts referred to in paragraph (a) of this section every financial year, including those in a Special Account in accordance with auditing standards performed by independent auditors acceptable to the Bank.; (ii) to provide to the Bank, as soon as possible, but no later than four months after the end of each year, reports on such audits of the said auditors in such volume and with such details as the Bank reasonably requests, and (iii) from time to time to provide to the Bank, upon its reasonable request, other information relating to the said records, accounts and auditing. (c) For all expenses for which funds have been withdrawn from the Grant Account based on cost confirmations, the Recipient will: (i) maintain or arrange for records and reports reflecting such expenses in accordance with paragraph (a) of this section; (ii) keep records of such expenses for at least one year after receipt by the Bank the audit report for the financial year during which the last withdrawal of funds from the Grant Account took place, all records (contracts, orders, checks, invoices, invoices and other documents) confirming such expenses; (iii) To allow representatives of the Bank to verify these records, and (iv) to ensure that these records and reports are subject to the annual audit referred to in paragraph (b) of this section, and that the report on such audit contains a separate opinion from the said auditors on whether the withdrawal documents provided each financial year are correct for confirming expenses. the year, as well as the procedures and internal audits accompanying their preparation.

Section 4.02. The Recipient, through the State Unitary Enterprise, undertakes to prepare and submit to the Bank a Financial Monitoring Report in a form that meets the Bank's requirements. Such a Report: (a) (i) identifies the sources and areas of use of project funds, both collectively and during the reporting period, with a separate line showing the funds raised from the grant, as well as explaining the differences between the actual and planned use of such funds.; (ii) describes the actual progress of the Project both collectively and during the reporting period, as well as explains the differences between the actual and planned implementation of the Project; (iii) determines the level of the procurement process (procurement status) for the Project at the end of the period covered by the Report (reporting period). (b) The first Financial Monitoring Report must be submitted to the Bank within 45 days after the end of the first calendar quarter from the effective date and must cover the period from the date of the first incurred Project expense to the end of the first calendar quarter; accordingly, each subsequent Financial Monitoring Report must be submitted to the Bank no later than 45-the day after the end of the next calendar quarter, and such Report covers the corresponding calendar quarter (accounting period).

Article V Expiration of the term

Section 5.01. The period of ninety (90) days after the date of conclusion of this Agreement is determined for the purposes of Section 12.04. of the General Terms and Conditions.

Section 5.02. This Agreement will remain in effect until the funds of the GEF grant are fully spent and the parties fulfill their obligations under this Agreement.

Article VI Representatives of the Recipient; addresses

Section 6.01. The Recipient's MOE is designated as the Recipient's representative for the implementation of Section 11.03. General terms and conditions.

Section 6.02. The following addresses are defined for the purposes of Section 11.01. General Terms and Conditions:

For the Recipient:

Ministry of Environmental Protection, Republic of Kazakhstan, Astana Ave. Pobedy, 31 bodies: 7 (3172) 59-19-50, 59-19-65, 59-19-71 Fax: 7(3172) 59-19-73

For the Bank:

International Bank for Reconstruction and Development 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, acting through their duly authorized representatives, signed this Agreement in Astana, Republic of Kazakhstan on the above-mentioned day and year.

REPUBLIC OF KAZAKHSTAN

Authorized representative

The INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT (as the executive agency of the GEF)

Authorized representative

Appendix 1 Withdrawal of funds from the GEF grant account

1. The following table sets out the categories and expenditure items for goods and services funded by the GEF grant, the distribution of GEF grant funds by each category, and the percentage of expenditure by each category.:

Allocated funds of the GEF grant % of funded expenses

Category (in US dollars)

(1) goods 2,300,000 100% of foreign expenses 100% of local expenses (ex-factory value) and 84% of local expenses for other items purchased locally

(2) services 1,650,000 81% for firms, consultants, 84% for individuals including audit and 100% of applicable social expenses

(3) Training 320,000 100%

(4) Increasing 1,000,000 80% before December 2005 operating and 65% after, 100% of applicable social expenses ___________________________________________________________________ Total 5,270,000

2. For the purposes of this Annex, the following definitions are used: (a) the term "foreign expenses" in this paragraph means expenses in the currency of any country other than the Recipient's country for goods and services supplied from the territory of any country other than the Recipient's country; (b) the term "local expenses" means expenses in the Recipient's currency or abroad. services and goods supplied from the Recipient's territory; (c) the term "training" means the training of farmers and staff involved in the project, including training trips and seminars; (d) the term "incremental operating costs" means the periodic expenses incurred by the GUP for the implementation of project activities, including communications, printing and publications, daily expenses, transportation and field trip costs and other similar expenses agreed with the Association; (e) the term "acceptable social expenses" means the employer's participation in social and medical expenses established by the Borrower under the employment agreements of the State Unitary Enterprise and individual consultants with the Borrower's citizens.

3. Regardless of the terms of paragraph 1 above, no funds will be allocated from the account to pay for expenses incurred prior to the date of conclusion of this Agreement.

4. The Bank may request that withdrawals from the Grant Account be made on the basis of expense reports for: a) goods under contracts with an equivalent value of less than 100,000 US dollars; b) contracts for consulting firms with an equivalent value of less than 50,000 US dollars; c) services of individual consultants with an equivalent value of less than 25,000 US dollars; d) training under contracts worth up to $25,000, and e) increasing operating costs, in each case subject to conditions and powers that the Bank will specifically notify the Recipient about.

5. If the Bank decides at any time that a payment from the Special Account of the GEF Grant has been made to pay expenses that are not acceptable under the terms of this Agreement, the Recipient, upon appropriate notification by the Bank, must immediately reimburse the Bank to the deposit account of the GEF Grant an amount equal to the amount of the payment, or that part of it that it will be determined by the Bank as unacceptable.

Appendix 2 Project Description

The aim of the Project is to demonstrate and promote sustainable land use systems in ecosystems with extremely arid conditions. The project consists of the following parts, which may change from time to time in consultation with the Recipient and the Bank to achieve the following objectives:

Section A: Development of sustainable land use systems

1. Provision of goods and services in the selected Shetsky district for the restoration of degraded grain lands. 2. Provision of goods and services for the improvement of vegetation cover and management of degraded pastures and hayfields in the selected Shet district. 3. Provision of consulting services in the selected Shetsky district for the implementation of various methods that allow growing perennial and annual grasses at the lowest cost, generating the highest income in the form of feed.

Section B: Providing initial service support to productive groups

Provision of goods and services to support farmers in the selected area, such as: (a) establishment of local producer associations to organize and manage milk collection centers and a regional agricultural market; and (b) provision of advisory services on livestock and agriculture.

Section C: Determination of the amount of carbon uptake

Providing consulting services to assess carbon sequestration potential in arid steppe ecosystems, providing basic research and empirical data.

Section D: Public education and replication strategy

Provision of advisory services for the development of public education strategies and capacity-building activities, including strengthening policies and regulatory frameworks for the sustainable use of natural resources on lands with extremely arid conditions.

Section E: Project Management

Provision of goods and consulting services to assist in the effective implementation of project activities.

***

The project is expected to be completed by September 30, 2008.

Appendix 3 Procurement

Section 1. Purchase of goods

Section A. General provisions

The goods and services will be procured in accordance with the terms of section 1 of the IBRD Loan and Loan Procurement Guidelines MAP, published by the Bank in January 1995 and revised in January and August 1996, September 1997 and January 1999 (the Guidelines); and in accordance with the following terms of section 1 of this annex.

Section B. International competitive bidding

1. The goods must be purchased in accordance with the concluded contracts in accordance with the terms of section 2 of the Guidelines and paragraph 5 of the annex to these Guidelines, except as provided for in section B of this annex. 2. The following conditions will apply to the purchase of goods under concluded contracts in accordance with the terms of paragraph 1 of this section B.

(a) Grouping of contracts Depending on the degree of realism, contracts for the purchase of goods worth 100,000 US dollars or more should be grouped into large lots. (b) Preference for domestically produced goods and domestic contracts The terms of paragraphs 2.54. and 2.55. of the Manual and Appendix 2 there will also be applied for the purchase of goods on the territory of the Recipient (Borrower). (c) Notification and advertising The invitation to participate in the preliminary evaluation or tender for each contract with a value equivalent to USD 10,000,000 and above must be published in accordance with the procedures acceptable for large contracts in accordance with paragraph 2.8. of the Guidelines.

Section B: Other procurement procedures

1. International procurement Goods with an equivalent value of less than 100,000 US dollars for each contract may be purchased in accordance with contracts concluded on the basis of international procurement procedures in accordance with the terms of paragraphs 3.5. and 3.6. of the Guidelines. 2. National procurement Goods with an equivalent value of less than 50,000 US dollars per contract may be purchased in accordance with contracts concluded on the basis of national procurement procedures in accordance with the terms of paragraphs 3.5. and 3.6. of the Guidelines. 3. Direct conclusion of contracts Goods to be purchased from the original supplier, compatible with existing equipment and with an equivalent value of less than or a total of 220,000 US dollars, may be purchased in accordance with the terms of paragraph 3.7. of the Manual, subject to prior agreement with the Bank. 4. Participation of groups of individuals (societies) Field work involving the provision of support to farmers for the production of specific seeds, their purchase by other farmers, or their transfer to other farmers at an equivalent cost estimated at US$ 1,800,000 should be procured in accordance with the guidelines prepared by the Project Preparation Team in accordance with the provisions of paragraph 3.15. of the Guidelines.

Section D. Review by the Bank of the procurement decision

1. Procurement planning Prior to the publication of invitations for (preliminary evaluation of bidding or for) participation in a contract tender, the proposed project procurement plan must be submitted to the Bank for preliminary review and approval in accordance with the terms of paragraph 1 of Appendix 1 of the Guidelines. All goods and services must be procured in accordance with this procurement plan approved by the Bank and in accordance with the terms of the above-mentioned paragraph 1.2. Preliminary review (a) Each section B contract should be subject to the procurement procedures defined in paragraphs 2 and 3 of the annex to the Guidelines. (b) For each first contract under section B, the following procedures should be applied: - for procurement procedures, prior to selecting any supplier, the Recipient (Borrower) must submit comparative and evaluation reports to the Bank on the applications received; - prior to the commencement of contracts concluded under the procurement procedures, the Recipient (Borrower) must provide the Bank with copies of the specifications and the draft contract, and - follow the procedures defined in paragraphs 2 (e), 2 (g) and 3 of appendix 1 to the Guidelines. 3. Follow-up review Each contract that is not governed by the provisions of paragraph 2 of this section is subject to the procedures set out in paragraph 4 of annex 1 to the Guidelines.

Section 2. Consulting services

Section A: General provisions

The services of consultants will be procured in accordance with the terms of sections I and IV of the World Bank's Guidelines for the Selection and Recruitment of Consultants by Borrowers, published by the Bank in January 1997 and revised in September 1997, January 1999 and May 2002 (Consultant Guidelines), paragraph 1 of appendix 1 in the same place, appendix 2 in the same place and subject to the following conditions of paragraph 2 of this section.

Section B: Selection based on quality and cost

1. With the exception of the cases specified in section B of this part, consultant services will be purchased on the basis of a contract paid in accordance with the terms of section II of the Consultant Manual and the terms of paragraphs 3.13 to 3.18 applicable to the selection of consultants based on quality and cost. 2. The following conditions must be applied for the purchase of consultant services under concluded contracts in accordance with the terms of the previous paragraph: a shortlist of consultants for services equivalent to less than 100,000 US dollars per contract may consist entirely of national consultants in accordance with the terms of paragraph 2.7. and note 8 of the Consultant Manual.

Section B: Other procedures for the selection of consultants

1. Selection according to the fixed budget Services for fulfilling the objectives of the public education campaign may be paid in accordance with contracts concluded in accordance with the terms of paragraphs 3.1. and 3.5. of the Consultant Guidelines. 2. Selection according to the consultant's qualifications Audit services with an equivalent value of less than 100,000 US dollars may be paid in accordance with the concluded contracts in accordance with the terms of paragraphs 3.1. and 3.7. of the Consultant Guidelines. 3. Selecting a single service source Consulting services for assessing the level of carbon dioxide uptake, including sampling and soil analysis, modeling, according to a preliminary agreement with the Bank, can be paid in accordance with the terms of paragraphs 3.8. and 3.11. of the Consultant Guidelines. 4. Individual consultants The services of individual consultants to perform tasks that meet the requirements set out in clause 5.1. Consultant manuals will be purchased on the basis of contracts with individual consultants, in accordance with the terms of clauses 5.1.-5.3. Consultant Guidelines; and services under sections C and D of the Project may be paid on the basis of a single source of services in accordance with the terms of clauses 5.3. and 5.4. of the Consultant Guidelines, subject to prior approval by the Bank.

Section D: The Bank's review of the selection of consultants

1. Selection planning Before receiving requests for services from consultants, a proposed consultant selection plan must be submitted for consideration and approval by the Bank, including an assessment of the value of contracts, a package of agreements, acceptable selection criteria and procedures. The selection of consultants' services should be carried out in accordance with this selection plan and approved by the Bank. 2. Preliminary review (a) For each contract for the employment of a consulting firm with a value equivalent to 50,000 US dollars and above, the procedures defined in paragraphs 2, 3, and 5 of appendix 1 of the Consultant Manual should be applied. (b) For each contract for the recruitment of individual consultants based on a single source of services or with a cost equivalent to 25,000 US dollars and above, a report on the comparison of qualifications and experience of candidates, data on qualifications, experience, technical specifications and terms of employment of the consultant must be submitted for consideration and approval by the Bank. The contract will be concluded only after receiving such approval. The terms of paragraph 3 of appendix 1 of the Consultant Manual will also apply to the conclusion of such contracts. 3. Subsequent review For each contract not regulated by paragraph 2 of this section, the procedures set out in paragraph 4 of annex 1 to the Consultant Manual will apply.

Appendix 4 Special account

1. For the purposes of this Annex: (a) The term "relevant categories" means categories from (1) to (4) set out in the table in paragraph 1 of the annex to this Agreement.; (b) The term "related costs" means expenses in accordance with the reasonable cost of goods and services required for the implementation of the Project and funded from the GEF grant funds allocated from time to time for the relevant categories in accordance with the provisions of annex 1 of this Agreement; and (c) the term "authorized amount" means an amount equivalent to USD 400,000 withdrawn from the Grant account and deposited in a Special Account in accordance with paragraph 3 (a) of this Annex, unless otherwise provided by the Bank, the permitted amount will be limited to, equivalent to 200,000 US dollars, until the total amount of funds withdrawn from the GEF grant account plus the total amount of all outstanding special obligations assumed by the Bank in accordance with Section 5.02. of the General Regulations is equal to or exceeds the amount equivalent to 1,500,000 US dollars. 2. Payments from this Special Account will be made exclusively for the relevant expenses in accordance with the terms of this Application. 3. Upon receipt by the Bank of a satisfactory confirmation that the Special Account has been opened properly, withdrawals for authorized placement and subsequent withdrawals to replenish the Special Account must be made in the following order: a) in order to withdraw funds from the authorized placement, the Recipient will provide the Bank with an application or requests for placement in the Special Account of an amount or amounts not exceeding the total size of the allowed placement. On the basis of such an application or applications, the Bank, on behalf of the Recipient, will withdraw the amount or amounts requested by the Recipient from the Grant Account and deposit them into a Special Account; b) (i) to replenish the Special Account, the Recipient will submit requests to the Bank for funds to be deposited into the Special Account at a frequency determined by the Bank; (ii) before or simultaneously with each such transfer. With the application, the Recipient will provide the Bank with the documents or other evidence required in accordance with paragraph 4 of this addendum, the payment or payments that resulted in the need for replenishment. Based on each such application, the Bank, in the interests of the Recipient, will withdraw funds from the GEF grant account and deposit into a Special Account the amount requested by the Recipient and confirmed by relevant documents or other evidence to pay funds from the Special Account to cover the related costs. All these deposits will be withdrawn by the Bank from the Grant Account according to the relevant articles and in the appropriate monetary equivalents, as it will be confirmed by the specified documents or other evidence. 4. For each payment made by the Recipient from a Special Account, the Recipient, at the appropriate time, at the reasonable request of the Bank, will provide the Bank with such documents or evidence showing that the payment was made solely for the relevant expenses. 5. Regardless of the terms of paragraph 3 of this annex, the Bank will not comply with requests for further funds to be deposited into a Special Account: a) if at any time the Bank decides that further withdrawals will be made directly from the GEF Grant account in accordance with the terms of Article 5 of the General Regulations and paragraph (a) of Section 2.02 of this Agreement; b) if the Recipient does not provide the Bank within the time period specified in sub/clause b) clause ii) of Section 4.01. this Agreement, any of the audit reports required to be submitted to the Bank in accordance with the specified section, audit-related records and reports on the Special Account; c) if at any time the Bank notifies the Recipient of its intention to suspend, in whole or in part, the Recipient's right to withdraw funds from the GEF Grant account in accordance with the terms of Section 6.02. General Provisions or d) after the total amount of the remaining funds of the GEF grant minus the total amount of all outstanding special obligations assumed by the Bank in accordance with Section 5.02. According to the General provisions of the Project, it will be equivalent to twice the amount of permitted placement. Subsequently, the remaining funds of the GEF grant allocated to the relevant categories will be withdrawn from the Grant Account in accordance with the procedures that the Bank will specifically notify the Recipient about. This subsequent withdrawal will be carried out only after and if the Bank receives confirmation that all funds remaining in the Special Account will have been used up to pay the corresponding expenses by the time of this notification. 6. a) if the Bank determines at any time that any payment from the Special Account: i) has been made for expenses or in an amount that does not comply with paragraph 2 of this Annex, or ii) is not supported by evidence provided to the Bank, the Recipient will immediately upon receipt of the Bank's notification: A) provide such additional evidence at the request of the Bank, or B) deposits into a Special Account (or, at the request of the Bank, reimburses the Bank) an amount equal to the amount of the payment or a part of it that does not correspond or is not confirmed. Unless otherwise specified by the Bank, the Bank will not make further deposits to the Special Account until the Recipient provides such evidence or makes such a deposit or refund, as appropriate; b) if the Bank determines at any time that the amount remaining in the Special Account will not be required for For further payments for the corresponding expenses, the Recipient will reimburse the remaining amount to the Bank immediately after notifying the Bank.; c) The Recipient has the right to fully or partially refund to the Bank the funds deposited in a Special Account, notifying the Bank of such intention; d) The funds returned (reimbursed) to the Bank in accordance with paragraph 6 of clauses (a), (b) and (c) of this Appendix will be deposited into the Grant Account of the Trust Fund. The GEF for subsequent withdrawal or cancellation in accordance with the applicable provisions of this Agreement, including the provisions of the General Terms and Conditions.

President

Republic of Kazakhstan

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