On the signing of a Letter of Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on the allocation of a grant for the preparation of the Project "Waste Disposal of Persistent Organic Pollutants"

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On the signing of a Letter of Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on the allocation of a grant for the preparation of the Project "Waste Disposal of Persistent Organic Pollutants"

Decree of the President of the Republic of Kazakhstan dated September 28, 2012 No. 399

To be published in the Collection of Acts of the President and the Government of the Republic of Kazakhstan

In accordance with article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"

I DECREE:

1. Approve the attached Letter of agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on the allocation of a grant for the preparation of the Project "Waste Disposal of Persistent Organic Pollutants".

2. Authorize the Minister of Environmental Protection of the Republic of Kazakhstan, Nurlan Dzhambulovich Kapparov, to sign on behalf of the Republic of Kazakhstan a Letter of Agreement between the Republic of Kazakhstan and the International Bank for Reconstruction and Development on the allocation of a grant for the preparation of the Project "Waste Disposal of Persistent Organic Pollutants".

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan N.Nazarbayev

APPROVED

By Presidential Decree

of the Republic of Kazakhstan dated September 28, 2012 No. 399

February 21st, 2011

To Mr. B.B. Zhamishev, Minister of Finance of the Republic of Kazakhstanul. Pobedy, 11 Astana 010000 Republic of Kazakhstan

Regarding: Republic of Kazakhstan: Grant for the preparation of the Project "Waste Disposal of Persistent Organic Pollutants" Grant from the Global Environment Facility Trust Fund for the preparation of Project No. TF098891

Dear Mr. Zhamishev:

At the request of the Republic of Kazakhstan (hereinafter referred to as the Recipient) for financial assistance, I am pleased to inform you that the International Bank for Reconstruction and Development (hereinafter referred to as the World Bank), which is the executive agency of the Global Environment Facility (hereinafter referred to as the GEF), offers to allocate a grant to the Recipient in the amount not exceeding two hundred thousand US dollars (200,000 $) (hereinafter referred to as the Grant) on the terms stipulated or mentioned in this Letter of Agreement (hereinafter referred to as the Agreement), which includes an Annex, in order to facilitate the financing of the Project indicated in the Annex (hereinafter referred to as the Agreement). - The project). This Grant is funded by the aforementioned trust fund, and the World Bank receives regular contributions. In accordance with section 3.02 of the Standard Terms and Conditions (as set out in the Annex to this Agreement), the Recipient may withdraw Grant funds if they are available. The Recipient declares, by signing this Agreement, that he is authorized to conclude this Agreement and carry out the Project in accordance with the conditions provided for or mentioned in this Agreement. The award of the Grant does not give rise to or imply any obligations on the part of the World Bank, either as an executive agency of the GEF or as an independent body to assist in financing any Project that may result from activities funded by the Grant. Please confirm the Recipient's agreement with the above signature and date on the attached copy of this Agreement by the authorized official representing the Recipient, as well as by returning the specified copy to the World Bank. Upon receipt by the World Bank of this signed copy (copy), this Agreement shall enter into force on the date on which the World Bank notifies the Recipient of receipt of the evidence provided for in Section 4.01 of the Annex to this Agreement. However, if the World Bank does not receive a signed copy of this Agreement within ninety (90) days after the date of signature of this Agreement by the World Bank, this offer of this Agreement shall be deemed withdrawn, unless the World Bank sets a later date for this purpose.

Sincerely, the International Bank for Reconstruction and Development, acting as the executive Agency of the Global Environmental Fund

_______________________Moto Konishi Regional Directorcentral Asia

AGREED:REPUBLIC OF KAZAKHSTAN____________________________Authorized Representative of F.I.O..: ____________________ Position: _________________Date: ______________________

Attachments: (1) Standard Conditions for Grants Provided by the World Bank from Various Funds, dated July 31, 2010; (2) Payment Letter dated February 21, 2011, accompanied by the World Bank's Guidance on Project Payments dated May 1, 2006.

project

GEF grant for the preparation of Project No. TF098891

Article I Standard conditions; Definitions

1.01. Standard conditions. The Standard Terms and Conditions for Grants allocated by the World Bank from Various Funds dated July 31, 2010 (hereinafter referred to as the Standard Terms and Conditions) are an integral part of this Agreement. 1.02. Definitions. The terms capitalized in this Agreement have the meanings prescribed for them in the Standard Terms or in this Agreement, unless the context requires them to have a different meaning, provided that for the purposes of this Agreement, the term "Project", when used in the Standard Terms, means the Activities provided for in section 2.01 of this Annex. (a) "GUP" means the Project Management Group established under the Ministry of Environmental Protection in accordance with Section 4.01(b) of this Agreement, which is responsible for the day-to-day management of the Project and includes a Project coordinator, a financial management specialist and a procurement specialist; (b) "MOE" means the Ministry of Environmental Protection of the recipient and includes any legal successor or legal successors.

Article II Execution of the Project

2.01. Objectives and description of the Project. The purpose of the Grant is to prepare a Project to Eliminate Persistent Organic Pollutants (hereinafter - POPS), which aims to reduce the risks to the environment and human health caused by accumulated stocks of materials containing polychlorinated biphenyl (hereinafter - PCBs), as well as waste and pesticides containing POPS, in accordance with the Recipient's obligations under the Stockholm Convention. The activities (hereinafter referred to as Activities) for which the Grant is issued consist of the following parts: (a) conducting a feasibility study for the destruction of stocks containing POPS, pesticides and PCB equipment; (b) developing an implementation plan for investments in the storage and disposal of pesticides containing pops, including the preparation of technical specifications and an appropriate institutional and project management structure for the implementation of the Project; (c) establishing baseline conditions, an environmental impact study, and a preliminary mitigation plan; (d) Development of Project monitoring, evaluation and management mechanisms.

2.02. General Project Execution. The Recipient declares his obligations arising from the objectives of the Project. To this end, the Recipient implements the Project through the State Unitary Enterprise in accordance with the provisions of: (a) Article II of the Standard Conditions; (b) Guidelines for the Prevention and Combating of Fraud and Corruption in Projects Financed from Loans from the International Bank for Reconstruction and Development, as well as Loans and Grants from the International Development Agency, dated October 15, 2006 as amended in January 2011 (Anti-Corruption Guidelines).

2.03. Institutional and other mechanisms. The recipient submits to the World Bank all proposals for the recruitment and dismissal of employees and consultants of the State Unitary Enterprise for consideration and approval by the latter.

2.04. Project monitoring, reporting and evaluation. (a) The Recipient monitors and evaluates the progress of the Project and prepares Project reports in accordance with the provisions of section 2.06 of the Standard Terms and Conditions and based on the indicators provided for in paragraph (b) of this section. Each Project report covers a period of one calendar half-year and is sent to the World Bank no later than one month after the end of the period for which the report has been prepared. (b) The performance indicators mentioned in paragraph (a) above consist of the following parameters: - a feasibility report has been prepared in accordance with national requirements for Project preparation, including an implementation plan: performance indicators and monitoring methods have been identified; - an environmental impact assessment has been conducted in accordance with national requirements and the requirements of the World Bank's Security Policy. (c) The Recipient shall prepare a completion report in accordance with the provisions of section 2.06 of the Standard Conditions. The completion report is sent to the World Bank no later than six months after the closing date.

2.05. Financial management. (a) The Recipient ensures the operation of the financial management system in accordance with the provisions of section 2.07 of the Standard Conditions. (b) The Recipient shall ensure that interim unaudited financial semi-annual reports on the Project are prepared and submitted to the World Bank no later than forty-five (45) days after the end of each calendar half-year, in a form and content satisfactory to the World Bank. (c) The Recipient, at the request of the World Bank, provides an audit of its financial statements in accordance with the provisions of section 2.07 (b) Standard conditions. Such an audit of financial statements covers the entire period when funds were withdrawn from the Grant account. The audited financial statements for such a period are sent to the World Bank no later than six months after the date of the World Bank's request.

2.06. Purchases. (a) General. All services required by the Project and funded by the Grant are procured in accordance with the requirements provided for or mentioned in: (i) sections I and IV of the "Guidelines for the Selection and Hiring of Consultants by Borrowers of the World Bank", published by the World Bank in May 2004 and revised in October 2006, May 2010 and January 2011 (hereinafter referred to as the Consultant's Guide), in the case of the purchase of consultants' services; and (ii) the provisions of this section, taking into account its development in the procurement plan, which is prepared and periodically updated by the Recipient for the Project in accordance with paragraph 1.24 of the Consultant Manual (hereinafter referred to as the Procurement Plan). (b) Definitions. The capitalized terms used in the following paragraphs of this section to describe certain procurement methods or the World Bank's evaluation methods for certain contracts refer to the relevant method described in the Consultants' Guide. (c) Certain methods of procurement of consultant services (i) Except as provided in subparagraph (ii) below, consultant services are procured under contracts awarded as a result of selection based on quality and cost. (ii) The following methods may be used to purchase consultant services for the assignments specified in the Procurement Plan: (A) quality-based selection; (C) fixed budget selection; (C) lowest cost selection; (D) consultant-based selection; (E) selection from a single source; (F) selection of individual consultants; and (G) single source procedures for the selection of individual consultants. (d) Evaluation of procurement decisions by the World Bank. The procurement plan establishes a list of contracts subject to preliminary evaluation by the World Bank. All other contracts are subject to an after-the-fact assessment by the World Bank.

Article III Withdrawal of Grant funds

3.01. Applicable expenses. The Recipient may withdraw the Grant funds in accordance with the provisions of: (a) the Standard Terms; (b) this section; and (c) additional instructions that the World Bank may provide by notifying the Recipient (including the World Bank's May 2006 Disbursement Guidelines, which are reviewed periodically by the World Bank and may apply in in relation to this Agreement in accordance with such instructions), to finance the applicable costs indicated in the following table. The table sets out the categories of applicable expenses that can be funded from the Grant (hereinafter referred to as the Category), the distribution of Grant amounts for each Category, and the share of expenses to finance applicable expenses for each Category.:

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