On the ratification of the 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 "Conservation of forests and increasing the forested area of the Republic"
Law of the Republic of Kazakhstan dated April 1, 2004 No. 539
To ratify the 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 "Conservation of forests and increasing the forest cover of the territory of the Republic", signed in Astana on September 11, 2003. President of the Republic of Kazakhstan
August 22, 2003 03/482 Unofficial translation
To Mr. A.S. Yessimov, Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan 473000, Astana, Abaya Avenue, 49 Republic of Kazakhstan
Regarding the Grant from the Government of Japan to the Republic of Kazakhstan for the preparation of the project "Conservation of forests and increasing the forest cover of the territory of the Republic" Grant TF 051351
Dear Mr. Yessimov,
I am writing to you on behalf of the International Bank for Reconstruction and Development (the Bank) to inform you that the Bank, as the administrator of the Grant funds allocated by the Government of Japan, has agreed to provide the Republic of Kazakhstan (the Recipient) with a Grant in the amount not exceeding four hundred ten thousand six hundred (410,600) US dollars (the Grant). The Grant is provided in response to the Recipient's request for financial assistance for the purposes and under the conditions set out in the Annex to this 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 "Conservation of Forests and increasing the forested area of the Republic" (hereinafter referred to as the Letter of Agreement). The Recipient, further confirming his consent, declares that he is authorized to conclude an agreement and withdraw Grant funds for the purposes and on the terms specified above. Please note that according to the Bank's policy, this Letter of Agreement and any information on this issue must be published after the entry into force of this agreement and the consent of the Recipient to disclose the information. By signing this Letter of Agreement, the Recipient hereby gives his consent to such disclosure. I ask you to confirm your agreement with the above on behalf of the Recipient by affixing your signature and date and returning the attached copy of the Letter of Agreement to the Bank. This Letter of Agreement shall enter into force on the date on which the Bank notifies the Recipient of receipt of a copy of the Letter of Agreement signed by you and acceptance of confirmations satisfactory to the Bank, indicating that the Letter of Agreement has been duly authorized or ratified, executed and delivered on behalf of the Recipient and is legally binding on the Recipient. in accordance with the terms of the Letter of Agreement.
Sincerely yours, on behalf of the International Bank for Reconstruction and Development ____________________ Christopher Lovelace is the Current Country Director of the Regional Office for Central Asia, Europe and Central Asia Region
On behalf of the Republic of Kazakhstan
Signature: ___________ Full name.: ____________ Position:__________ Date: ______________
I hereby certify the authenticity of the translation of this text from English into Russian.
First Deputy Chairman of the Forestry and Hunting Committee of the Ministry of Agriculture _____________
Application
Objectives, terms and conditions of the Grant
1. Objectives and activities 1.1. The purpose of the Grant is to assist in the preparation of the project "Conservation of forests and increasing the forest cover of the Republic", which provides for improving forest management and increasing incomes of the rural population in Kazakhstan (the Project). The grant is issued for the following types of Project preparation activities (Activities): (a) Develop a Project implementation plan, including (i) a logical structure of the Project with performance indicators; (ii) a detailed description of the Project with cost estimates; (iii) defining a detailed organizational chart for implementation; (iv) a timetable for implementation; (v) a procurement plan; (vi) a financial management and financing plan; (vii) a monitoring and evaluation plan and (viii) a draft Operational Manual, and their discussion and coordination with stakeholders, the estimated cost of which is equivalent to 96,100 (b) Development of mechanisms to involve the local population in forestry activities, seminars and trainings, the estimated cost of which is equivalent to 71,550 US dollars; (c) An environmental assessment of the Project, including the preparation of an environmental impact assessment and a detailed environmental management plan and public consultations on the methodology and results of the environmental assessment, estimated to cost US$ 39,000; (d) An analysis of the economic and financial effectiveness of the Project, estimated to cost US$ 60,200; (e) Social assessment of the Project, including identification of the main stakeholders of the Project, analysis of their socio-economic needs and the likely impact on them of the Project's activities and raising their income levels, and development of a plan for stakeholder participation in the Project, estimated cost equivalent to 39,550 US dollars; (f) Assessment of the needs of the legal and institutional framework for the implementation of models sustainable forest and pasture management, estimated cost equivalent to 41,300 USD; g) strengthening the Recipient's administrative and technical capacity to manage the Grant, including its audit, estimated cost is equivalent to 62,900 US dollars.
2. General aspects of implementation 2.1. The Recipient, acting through the Ministry of Agriculture, must: (a) carry out Activities in good faith and effectively; (b) promptly provide funds, facilities, services and other resources necessary for this purpose; (c) provide all information related to the Activities and use of Grant funds reasonably requested by the Bank(d) periodically exchange views with representatives of the Bank on the progress of implementation and results of activities; and (f) take all necessary measures to ensure that representatives of the Bank can visit the Recipient's territory for purposes related to the implementation of the Grant. Without limiting the above, the Recipient, upon the Bank's request, promptly prepares and submits to the Bank a report on the results and consequences of the Activity, which should be acceptable to the Bank in form and content.
3. Procurement 3.1. In the absence of other agreements with the Bank, purchases of consulting services and goods necessary for the performance of Activities and subject to Grant financing are governed by the provisions of Appendix I to this Annex. 3.2. The Recipient shall ensure that all imported goods subject to Grant financing are insured against the risks associated with their purchase, transportation and delivery to the place of use or installation, and that the corresponding insurance indemnity is paid in freely convertible currency in order to ensure the replacement or repair of such goods. The Recipient shall ensure that the operation and maintenance of any facilities related to the performance of Activities is always carried out using appropriate methods and that any repairs or upgrades to such facilities are carried out promptly as necessary.
4. Withdrawal of Grant funds 4.1. Grant funds are credited to an account opened by the Bank in its accounting documents in the name of the Recipient (Grant Account), and may be withdrawn from this account by the Recipient in accordance with the provisions of this Section 4 to pay for the reasonable cost of goods and services required to carry out Activities and to be financed from the Grant funds. 4.2. Expenses under the following items may be financed from the Grant funds and are used exclusively for the performance of Activities:
Category Amount of % of expenses to be allocated for financing from the Grant funds (in US dollars)
(1) Consulting 389,900 100 % services, including audit (2) Training and seminars 13,200 100 %
(3) Goods 7,500 100% of expenses in foreign currency, 100% of expenses in local currency (ex-factory value) and 80% of expenses in local currency for other items in the framework of purchases on the domestic market Total 410,600
For the purposes of this paragraph, the term (a) "expenses in foreign currency" means expenses in the currency of any country other than the Republic of Kazakhstan for the payment of goods or services supplied from the territory of any country other than the Republic of Kazakhstan.; b) the term "expenses in local currency" means any expenses that are not expenses in foreign currency, provided, however, that if the currency of the Republic of Kazakhstan is also the currency of another country from whose territory goods and services are supplied, expenses in such currency for these goods and services will be considered as expenses in foreign currency.; and c) the term "Seminars and training" means public consultation meetings on the Project implementation plan, as well as on the assessment of its environmental and social impact, as well as training of the Recipient's employees involved in project management. 4.3. Notwithstanding the provisions of clause 4.2: (a) funds may not be withdrawn from the Grant Account: (i) to pay expenses incurred prior to the date of signing this Letter of Agreement by the Bank; (ii) to pay any taxes levied by the Recipient or on the Recipient's territory; (iii) to finance expenses in the territory of a country that is not a member of the Bank, or to pay for goods produced in the territory of such country or services provided from the territory of such country; or (iv) to make any payments to individuals and legal entities or to finance the import of goods, if such Payments or imports, as far as the Bank is aware, are prohibited by a decision of the UN Security Council adopted in accordance with Chapter VII of the Charter of the United Nations.; (b) funds may not be withdrawn from the Grant Account after July 18, 2006 or a later date, which the Bank will indicate in a written notification to the Recipient (Closing Date), provided that, except in special circumstances, the Closing Date is not postponed in such a way that it occurs later than the expected date of the Bank's approval of funds for financing The project. However, Grant funds may be withdrawn after the Closing Date to pay for expenses incurred prior to the Closing Date if the relevant withdrawal request is received by the Bank within four months of the Closing Date, after which any remaining Grant amount will be cancelled.; and (c) if, in the opinion of the Bank, the amount of the Grant allocated under any item specified in the table in paragraph 4.2 proves insufficient to finance the costs of this item, the Bank, by sending a written notification to the Recipient, may transfer to this item such amount of the Grant funds allocated for another item that, according to the Bank, it will not be required to finance other expenses. 4.4. If the Recipient wishes to withdraw any amount of funds from the Grant Account, he must submit to the Bank a written request for withdrawal of this amount in the form specified by the Bank. Withdrawal requests are: (a) signed on behalf of the Recipient by the Minister of Agriculture of the Republic of Kazakhstan or another person who has received written authority from him to do so; and (b) accompanied by supporting documents reasonably requested by the Bank. Certified samples of the signature of the person authorized to sign withdrawal requests are submitted together with the first application, which bears his or her signature. Each request for withdrawal of a certain Grant amount and the supporting documentation must be sufficient in form and content to convince the Bank that the Recipient has the right to withdraw this amount from the Grant Account and that this amount will be used to carry out Activities. The Bank pays the amounts withdrawn by the Recipient from the Grant Account only to the Recipient himself or on his behalf. 4.5. The Bank may require that withdrawals from the Grant Account be made based on expense statements to pay for the costs of contracts for: (a) consulting firms with a value less than the equivalent of USD50,000; (b) individual consultant services with a value less than the equivalent of USD 25,000; and (c) the supply of goods; and (d) seminars and trainings, and all this is carried out in accordance with the terms and conditions that the Bank defines in the notification to the Recipient. 4.6. Withdrawal of Grant funds is made in the Grant currency. The Bank, at the request of the Recipient and acting as the Recipient's representative, buys with the Grant currency withdrawn from the Grant Account those currencies that are necessary to pay for expenses financed from the Grant funds. If, for the purposes of this Letter of Agreement, it is necessary to determine the value of one currency in relation to another, this value is reasonably determined by the Bank. 4.7. In order to facilitate the implementation of the Activities, the Recipient may open and maintain a special deposit account in US dollars (Special Account) with the Bank and on terms satisfactory to the Bank, including adequate protection of this account from offsets, seizure or annexation. Deposits to a Special Account and payments from a Special Account are made in accordance with the provisions of Appendix II to this Annex.
5. Accounting Accounts and Audit 5.1. (a) The Recipient maintains or provides support for the financial management system, including accounting documents and accounting accounts, and prepares financial statements in a form acceptable to the Bank that properly reflect the operations, resources and expenses associated with the Activities, in accordance with good accounting practices. (b) The Recipient must: (i) ensure that the accounting documents, accounting accounts and financial statements referred to in subparagraph (a) above, as well as accounting documents and accounting accounts related to the Special Account, are audited for each financial year by independent auditors acceptable to the Bank, in accordance with consistently applied standards audit procedures acceptable to the Bank; (ii) provide to the Bank immediately after preparation, but in any case no later than six months after the end of each year: (A) certified copies of the financial statements referred to in subparagraph (a) of this section for each audited year, and (C) the opinion of the above-mentioned auditors on these reports, accounting documents and accounting accounts, as well as an audit report, the scope and degree of detail of which are reasonably determined by the Bank.; and (iii) submit to the Bank, upon its reasonable periodic requests, other information related to these accounting documents, accounting accounts and their audit, as well as the above-mentioned auditors. (c) For all expenses for which funds have been withdrawn from the Grant Account on the basis of expense statements, the Recipient must: (i) maintain or ensure that accounting documents and accounts reflecting these expenses are maintained in accordance with subparagraph (a) of this section.; (ii) keep, for at least one year after the Bank receives the audit report for the financial year in which the Grant Account was last withdrawn, all accounting documents (contracts, orders, invoices, invoices, receipts, and other documents) confirming these expenses; (iii) ensure representatives of the Bank have the opportunity to verify these accounting documents; and (iv) take measures to ensure that these accounting documents and accounting accounts undergo the annual audit referred to in subparagraph (b) of this section, and that the report on such audit contains a separate opinion from the above auditors as to whether the expense statements submitted during such a financial year, as well as the procedures and the internal control mechanisms applied during their preparation are sufficient grounds for appropriate withdrawal of funds.
6. Suspension and Cancellation of Rights 6.1. The Bank, by sending a corresponding notification to the Recipient, may at any time suspend the Recipient's right to further withdraw funds from the Grant Account if any of the following events have occurred and are continuing: (a) The Recipient has failed to fulfill any of its obligations set forth in this Letter of Agreement; or (b) the right of the Recipient or any other person to whom the Bank has provided a loan under the guarantee of the Republic of Kazakhstan to withdraw funds under any loan agreement with the Bank or any development loan agreement with the International Development Association has been suspended. 6.2. The Bank, by sending a corresponding written notification to the Recipient, may revoke the Recipient's right to further withdraw funds from the Grant Account: (a) at any time after the Recipient's right to withdraw funds from the Grant Account has been suspended in accordance with the provisions of paragraph 6.1 of this section; (b) if within six months after the entry into force by virtue of this Grant Agreement, the Recipient was unable to take measures satisfactory to the Bank in order to carry out its Activities; or (c) if, after consulting with the Recipient, the Bank has decided to withdraw further support for the Project; or (d) if the Recipient has withdrawn its request for the Bank's assistance in financing the Project.
Appendix I
Purchases
Section I. Consulting services
Part A: General provisions
Consulting services are procured in accordance with the provisions of Sections I and IV of the Guidance on the Selection and Hiring of Consultants by World Bank Borrowers, published by the Bank in January 1997 and revised in September 1997, January 1999 and May 2002 (Guidance on Consultants), as well as in accordance with paragraph 1 of Annex 1 to the Guidance, Appendix 2 to the Manual and the following provisions of this section.
Part B: Selection based on quality and cost
With the exception of the cases specified in Part C of this Section, consulting services are purchased under contracts awarded in accordance with the provisions of Section II of the Consultant Manual and the provisions of paragraphs 3.13-3.18 of the Consultant Manual, which apply to the selection of consultants based on quality and cost.
Part C: Other procedures for the selection of consultants
1. Selection based on the qualifications of consultants
The services of consulting firms to carry out the activities specified in sub-paragraphs 1.1 (a), 1.1 (b), 1.1 (c), 1.1 (d), 1.1 (e), 1.1 (f) and 1.1 (g) of this Annex, the cost of which is estimated to be less than equivalent to 100,000 US dollars per contract, may be purchased for contracts awarded in accordance with the provisions of paragraphs 3.1 and 3.7 of the Consultant Guidelines.
2. Individual consultants
The services of individual consultants to carry out the activities specified in sub-paragraphs 1.1 (a), 1.1 (b), 1.1 (c), 1.1 (d), 1.1 (e), 1.1 (f) and 1.1 (g) of this Annex, meeting the requirements described in paragraph 5.1 of the Consultant Guidelines, are procured at contracts awarded in accordance with the provisions of paragraphs 5.1-5.3 of the Consultant Guidelines.
Part D: The Bank's review of the selection of consultants
1. Selection planning
Before sending any invitations to consultants to submit proposals for consideration and approval by the Bank, a consultant selection plan should be submitted, including the estimated cost of contracts, the layout of contract packages, and applicable selection criteria and procedures. This plan should be updated every 6 months throughout the entire period of operation, and each updated version should be sent for review and approval by the Bank. All advisory services should be selected in accordance with this plan (subject to periodic clarifications), which must be approved by the Bank.
2. Preliminary review
(a) For each contract involving the hiring of consulting firms, the estimated value of which is equal to or exceeds the equivalent of 50,000 US dollars, the procedures set out in paragraphs 2, 3 and 5 of Appendix 1 to the Guidance on Consultants are applied. (b) For each contract providing for the hiring of individual consultants, the estimated cost of which is equal to or exceeds the equivalent of 25,000 US dollars, a report on the results of comparing candidates' qualifications and experience, as well as terms of reference and conditions of hiring consultants, is submitted for preliminary review and approval by the Bank. The contract is awarded only after obtaining the Bank's consent. Such contracts are subject to the provisions of paragraph 3 of Annex 1 to the Guidance on Consultants.
3. Follow-up review
Each contract that is not governed by the provisions of paragraph 2 of this Part is subject to the procedures set out in paragraph 4 of Annex 1 to the Guidance on Consultants.
Section II. Purchase of goods
The goods are purchased: (a) in accordance with the provisions of Section I of the IBRD Loans and MAP Loans Procurement Guidelines, published by the Bank in January 1995 and reviewed in January and August 1996, September 1997 and January 1999 (Guidelines); and (b) for contracts awarded using procedures procurement in free trade in accordance with the provisions of paragraphs 3.5 and 3.6 of the Guidelines. Such contracts are subject to the review procedures set out in paragraph 4 of Annex 1 to the Guidelines, provided that the word "proposals" in this paragraph 4 should be read as "quotations".
Appendix II
Special account
1. For the purposes of this Addendum: (a) the term "acceptable item/acceptable items" means the item/items listed in the table in paragraph 4.2 of the Annex to this Letter of Agreement; (b) the term "acceptable expenses" means expenses for the payment of a reasonable cost of goods and services necessary for the implementation of Activities and to be financed from the funds of Grant; and (c) the term "Authorized Amount" means an amount equivalent to 50,000 US dollars to be withdrawn from the Grant Account and deposited into a Special Account in accordance with paragraph 3 (a) of this Addendum. 2. Payments from a Special Account are made solely to finance eligible expenses in accordance with the provisions of this Addendum. 3. Upon receipt by the Bank of documents satisfactory to it confirming that the Special Account is properly opened, the withdrawal of the Authorized Amount and subsequent withdrawal of funds to replenish the Special Account are carried out as follows: (a) The Recipient submits to the Bank an application or requests for deposits to the Special Account for amounts or amounts not exceeding the total amount of the Authorized Amount. Based on such an application or applications, the Bank, on behalf of the Recipient, withdraws the amount or amounts requested by the Recipient from the Grant Account and deposits them into a Special Account. (b) (i) In order to replenish the Special Account, the Recipient sends requests to the Bank for depositing funds to the Special Account, the frequency of which is determined by the Bank. (ii) Prior to or together with the filing of such an application, the Recipient shall send to the Bank the documentation and other supporting documents required in accordance with paragraph 4 of this Addendum for making the payment or payments in connection with which funds are requested to replenish the Special Account. Based on each application received, the Bank, on behalf of the Recipient, withdraws from the Grant Account and deposits into a Special Account the amount that was requested by the Recipient and which, as shown by the above-mentioned and other documents, was paid from a Special Account to pay acceptable expenses. All funds deposited in this way are withdrawn by the Bank from the Grant Account within acceptable items and in appropriate equivalent amounts, confirmed by the above and other documents. 4. With respect to each payment made by the Recipient from a Special Account, the Recipient must, at the reasonable request of the Bank, submit to the Bank documents and other evidence that this payment was made solely to cover acceptable expenses. 5. Notwithstanding the provisions of paragraph 3 of this Addendum, the Bank is not obligated to deposit additional funds into a Special Account: (a) if at some stage the Bank decides that in the future the Recipient must withdraw all funds directly from the Grant Account; (b) if the Recipient does not submit to the Bank, within the time period specified in sub-paragraph (ii) of paragraph 5.1 (b) of the Annex to this Letter of Agreement, any audit report that must be submitted to the Bank in accordance with this paragraph in connection with the audit of accounting documents and accounting accounts related to the Special (c) if at any stage the Bank notifies the Recipient of its intention to suspend, in whole or in part, the Recipient's right to withdraw the Grant from the Account in accordance with the provisions of paragraph 6.1 of the Annex to this Letter of Agreement; or (d) as soon as the total amount of the withdrawn Grant funds is equal to the equivalent of twice the Authorized Amount. After that, the remaining unspent Grant amount is withdrawn from the Grant Account using the procedures that the Bank will determine in the appropriate notification to the Recipient. Such further withdrawals are made only after and to the extent that the Bank is satisfied that all funds remaining in the Special Account at the time of such notification will be used to pay acceptable expenses. 6. (a) If the Bank decides at any stage that any payment from the Special Account: (i) has been made to cover expenses or amounts that are not acceptable under paragraph 2 of this Addendum; or (ii) has not been confirmed by documents submitted to the Bank, the Recipient, upon receiving the appropriate notification from the Bank, must immediately: (A) submit additional supporting documents requested by the Bank; or (C) deposit to a Special Account (or, at the request of the Bank, refund to the Bank) an amount equal to the amount of such payment or that part of it that is not acceptable or has not been confirmed. In the absence of other arrangements with the Bank, the Bank will not deposit any additional funds into the Special Account until the Recipient submits such supporting documents or deposits the funds or returns them. (b) If the Bank decides at any stage that any remaining amount in the Special Account will not be required to make further payments to finance eligible expenses, the Recipient, upon receiving the appropriate notification from the Bank, must immediately refund the remaining amount to the Bank.
I hereby certify the authenticity of the translation of this text from English into Russian.
First Deputy Chairman of the Forestry and Hunting Committee of the Ministry of Agriculture of the Republic of Kazakhstan
(Note. RCPI: The English text is attached below (see the paper version)
President
Republic of Kazakhstan
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