~TNS GEF TF GRANT NUMBER TF01901 E GRANT NUMBER D039-M 1 Global Environment Facility Grant Agreement (MAURITAIA West Africa Regional Fisheries Project - under the West Africa Regional Fisheries Program) between ISLA MIC REPUBLIC OF MAURITANIA and INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Acting as an Implementing Agency of the Global Environment Facility Dated April 17,2015 GEF TF GRANT NUMBER TFO190 GRANT NUMBER D039-M I GLOBAL ENVIRONMENT FACILITY GRANT AGREEMENT AGREEMENT dated Apri. 17, 2015, entered into between ISLAMIC REPUBLIC C I MAURITANIA ("Recipient"); and INTERNATIONAL BANK FO . RECONSTRUCTION AND DEVELOPMENT ("World Bank"), acting as implementing agency of the Global Environment Facility ("GEF"). WHEREAS: (A) the Recipient and the Republic of GUINEA have agreed i participate in a the first pha3e of a program designed under series of projects ("Program , as further defined in the Ap pendix to this Agreement) to sustainably increase the overz |1 wealth generated by the exploitation of the marine fisheries resources of West Africa at the proportion of that wealtY captured by West African countries, by: (i) strengthening the r respective capacity to susta nably govern and manage their fisheries; (ii) reducing illeg I fishing; (iii) increasing the value and profitability generated by fish resources and tl i proportion of that value c, ptured by the respective countries; and (iv) supporting tt i equitable right allocation ac ross sectors to ensure the redistribution of the benefits derivc :1 from fishery resources to th, national economy; (B) the Recipient and the International Development Associatic 1 (Association), intend to enter into a financing agreement (Financing Agreement) for tf,. purpose of making a grant (17inancing) to the Recipient to assist in financing the Project; (C) Parts A.1(b,i and C.2 of the Project will be carried out by the Commissio 1 Sous-Rfgionale des Piches ("CSRP"), with the Recipient's assistance and, as part of suc i assistance, the Recipient will make a portion of the proceeds of the GEF Trust Fund Grai available to CSRP as set for :h in this Agreement; and (D) WHEREAS the World Bank has also agreed, on the basis, inter alia, (.F the foregoing, to extend the GEF Trust Fund Grant provided for in Article III of thi * Agreement to the Recipient i-o assist in financing the Project upon the terms and conditior set forth in this Agreement; NOW THEREFORE, the Rucipient and the World Bank hereby agree as follows The Recipient and the World Bank hereby agree as follows: Article I Standard Conditions; Definitions 1.01. The Standar Conditions for Grants Made by the World Bank Out of v a ous Funds, dated February 15, 2012 ("Standard Conditions"), with the modil i< a ons set forth in Section I of the Appendix to this Agreement, constitute an inte,,i n )art of this Agreement. 1.02. Unless the context requires otherwise, the capitalized terms used in this Ag ci tent have the mc anings ascribed to them in the Standard Conditions or i this Agreement. Article H The Project 2.01. The Recipien- declares its commitment to the objectives of the project d :;:i )ed in Schedule 1 to this Agreement ("Project"). To this end, the Recipient sh, I c rry out Parts A (except Part A.1(b)), B and C.1 of the Project through the Mr ire des Pdches elr de l'Economie Maritime, and cause Parts A.1(b) and C.; : the Project to be carried out by the CSRP, all in accordance with the provi :.m of Article II of0 te Standard Conditions and the Project Agreement. 2.02. Without limitation upon the provisions of Section 2.01 of this Agreem ii., md except as the Recipient and the World Bank shall otherwise agree, the Ri - ip ent shall ensure tat the Project is carried out in accordance with the provis ir of Schedule 2 to this Agreement. Article HI The Grant 3.01. The World Ba nk agrees to extend to the Recipient, on the terms and condit ca; set forth or referred to in this Agreement, a grant in an amount equal to seven ri on United States Dollars ($ 7,000,000) ("Grant") to assist in financing the Prc It 1 3.02. The Recipient may withdraw the proceeds of the Grant in accordance with o:c on IV of Schedul, 2 to this Agreement. 3.03. The Grant is fi nded out of the abovementioned trust fund for which the Wor Ii nk receives periodic contributions from the donors to the trust fund. In accordar .:! ith Section 3.02 cf the Standard Conditions, the World Bank's payment obliga lai in connection with this Agreement are limited to the amount of funds made avai E b to 2 it by the donors under the abovementioned trust fund, and the Recipient's right to withdraw the Grant proceeds is subject to the availability of such funds. Article IV Additional Remedies 4.01. The Additional Event of Suspension referred to in Section 4.02(k) of the Standa< Conditions consist; of the following, namely, that the CRSP Treaty has be :t amended, suspended, abrogated, supplemented, replaced or waived so as to afft.- materially and adversely the ability of CRSP to perform any of its obligatio under the Project Agreement or to achieve the objective of the Project. Article V Effectiveness; Termination 5.01. This Agreement sh11 not become effective until evidence satisfactory to the Wor Bank has been finn ished to the World Bank that the following condition has bei r satisfied, namely, t"iat the Financing Agreement has been executed and deliven c and all conditions Irecedent to the effectiveness of said Financing Agreement i to the right of the Recipient to make withdrawals under such Agreement (oth x than the effectiveness of this Agreement) have been fulfilled. 5.02. As part of the evidence to be furnished pursuant to Section 4.01, there shall I furnished to the We rld Bank an opinion or opinions satisfactory to the World Bai X of counsel accepta:ile to the World Bank or, if the World Bank so requests, a certificate satisfactory to the World Bank of a competent official of the Recipier I., showing the following matter, namely, that on behalf of the Recipient, tl s Agreement has been duly authorized or ratified by, and executed and delivered ( I its behalf and is legally binding upon it in accordance with its terms. 5.03. Except as the Recipient and the World Bank shall otherwise agree, this Agreeme it shall enter into effect on the date upon which the World Bank dispatches to tle Recipient notice of its acceptance of the evidence required pursuant to Section 4.( 1 ("Effective Date"). If, before the Effective Date, any event has occurred whic li would have entitled the World Bank to suspend the right of the Recipient to male withdrawals from the Grant Account if this Agreement had been effective, the Wor I Bank may postpone the dispatch of the notice referred to in this Section until su( 1i event (or events) ha; (or have) ceased to exist. 5.04. Termination for Faiure to Become Effective. This Agreement and all obligations if the parties under it shall terminate if it has not entered into effect by the date oic hundred and twenty (120) days after the date of this Agreement (the "Effectivene s Deadline"), unless the World Bank, after consideration of the reasons for the dela, 3 establishes a later date for the purpose of this Section. The World B 1t shall promptly notify the Recipient of such later date. Article VI Recipient's Representative; Addresses 6.01. The Recipiont's Representative referred to in Section 7.02 of the . ai dard Conditions i.; the Minister responsible for finance. 6.02. The Recipiei t's Address referred to in Section 7.01 of the Standard Cond t c s is: The Recipiert's Address is: Minister of I conomic Affairs and Development Ministry of Economic Affairs and Development BP 238 Nouakchott Mauritania Facsimile: 222-45-25-33 -35 6.03. The World Bznk's Address referred to in Section 7.01 of the Standard Co i it i ins is: International Itank for Reconstruction and Development 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable: Telex: Facsimile: INTBAFRAD 248423 (MCI) or 1-202-477-6391 Washington, D.C. 64145 (MCI) 4 AGREED at Washin gton DC, USA, as of the day and year first above written. ISLAMIC REPUBLIC O MA By Autho d Representativ Name: H.E. Sidi Ould TAL Title: Minister of Economic Affairs and Developmer INT ERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Acti ng as an Implementing Agency of the Glob)al Environment Facility By Authorized Representativi Name: Vera Sorngw< Title: Country Director for Mauritani, 5 SCHEDULE 1 Project Description The objective of the Project is to strengthen the governance and mat a ,.nent of targeted fisheries and improve the handling of landed catch at selected sites. The Projtct consists of the following parts: Part A: Strengthening Good Governance and Sustainable Manage :re i t of the Fisheries Building the institutional and human capacity to develop and implem .1 it )olicies and systems for environmentally sustainable, socially equitable and et i) :i nically profitable use of fishery resources, in particular: 1 Developii ng the legal and operational policy framework, and streng [e ng the institutional capacity for sustainable management of fisheries resources .n luding: (a) review, of relevant national legal and regulatory framework; (b]i RP led monitoring of initial activities to ensure harmonization of fisheries i) I. es and regulator) frameworks with those of other countries under the Progran , i :1uding the recruil ment and the coordination of the Independent Verifiers; (c) ( a-r ing out institutior al reforms of the Ministry of Fisheries and Aquaculture ai t other relevant ministries, departments and agencies responsible fo sheries managemmt policies and functions; and (d) coordinating the implem 11 ion the fisheries strategic vision. 2. Strengthei ning the vessel registration systems for accurate assessment aj c! fective control of fishing capacity, including: (a) strengthening of the registrati nht ystems for vessehi and boats in all segments, to allow for accurate assessment ol t :.c fishing capacity within the EEZ; and (b) introducing access management th cii i tight control. over the fishing capacity. 3. Introducirg new fisheries management schemes in target fisheries, st 2'r nts, or communities to align fishing capacity and effort to sustainable cz 1(. levels, including, implementing measures to regulate access to fish resou: -. in the artisanal a nd coastal segment as envisaged in the pertinent managing i a of the segment. 4. Strengthei ing the system of fisheries-related data collection, comp [;it n and management, including transparency in dissemination and comr .r -ation, including: (a) establishing and operationalization of an economic plann C g tnit for the fisheries sector; and (b) strengthening the integration of the fisheris E, ctor in the Extraccive Industries Transparency Initiative. 6 5. Carrying out a prog -am of activities to promote result-based approach in fisheri s management, inclucing a system of incentives for identified institutions, units ar .1 individuals for achiovement of results under Parts A.2, A.3 and A.4 of the Projec , through an eligible :xpenditure program (Eligible Expenditure Program). Part B: Increasing the Contribution of the Fish Resources to the Local Economy 1. Improving physical infrastructure to facilitate proper fish handling, includinj: (a) carrying out a resettlement action plan for the fish market site; (b) fencing ti. perimeter of the pro,posed fish market site for security purposes; (c) carrying ot construction and smnitation works for the fish market; and (d) carrying ot: construction of ware-houses and administrative buildings associated with the fisI market. 2. Carrying out management plans and strengthening the capacity for fish handlin,, including the developing a management plan and land use plan for landing site (Tanit PK93m, PK,14 andN'Diago), and demarcation of boundaries of said site! Part C: Project Management, Monitoring and Evaluation, and Regional Coordinatiimn 1. Strengthening the capacity of the Project Implementation Unit for managemer I. and coordination of project activities, monitoring and evaluation of the projec. communication of Project activities, and fiduciary (procurement and financial management, and management of the social and environmental aspects of th. Project. 2. Strengthening the C 3RP Regional Coordination Unit for effective coordination c I' the Project activitieE at the regional level. 7 SCHEDULE 2 Project Execution Section I. Inistitutional and Other Arran2ements A. Institutioual Arrangements I. At the Nal ional Level 1 The Projet Implementation Unit (a) ThIe Recipient, through the Ministre des Piches et de i Znomie Maritime (Ministry of Fisheries and Maritime Economy), sha I tablish nct later than one (1) month after Effective Date and maintain ri ighout Pr:ject implementation the Project Implementation Unit (PIU vi hin its stiucture, under terms of reference satisfactory to the World I l;r . The PI LJ shall be headed by the Project Coordinator and shall be :011 posed, imer alia, of: (i) an environmental and social safeguard speci .L ; (ii) a monitoring and evaluation expert; (iii) a procurement special s:; iv) an administrative and a financial management specialist; and (v) i i iternal au ditor, all with terms of reference, experience and qu I f iations sa isfactory to the World Bank. The Recipient shall, not later tl i I )ur (4) months after Effective Date, recruit the environmental r d social saleguard specialist referred to in paragraph (a)(i) in accon ,a:,- with Sc ction III.C of Schedule 2 to this Agreement. (b) TI e PIU shall be responsible for day-to-day Project coordi i, :. n and irr plementation, including: (i) preparing proposed Annual Work Plans for inclusion in t L: I roject, and updating the Procurement Plan and related bu .l s and consolidated Project Reports; (iii developing a communication and outreach strategy; (ii ) establishing and maintaining of the Project m ii.a: ement information system; (h) carrying out Project financial management; and (v) monitoring and evaluating the Project and preparii 'roject progress reports and monitoring and evaluation repo: , Cr the meetings of the National Steering Committee. 8 2. National Steering C immittee (a) The Recipicnt shall maintain throughout Project implementation, th, National Steering Committee with a composition, mandate, functions an( resources sitisfactory to the World Bank, as set forth in the Projec Implementa ion Manual. (b) Without limitation to Section I.A. 2(a) of immediately above, the Nationa Project Steei ing Committee shall be responsible for, inter alia: (i) reviev ing the proposed Annual Work Plans for the Project, as wel as the related budgets prepared by the PIU; (ii) oversc eing overall performance of the Project and providing policq guidar ce; and (iii) identil ying necessary Project adjustments based on monitoring anc evaluation results. II. At the Regional Levol 1. Regional Steering C immittee (a) The Recipieit shall: (i) at all times during the implementation of the Project, maintair high level representation and active participation in the Regional Steeiing Committee; and (ii) appoint to the Regional Project Steering Committee, and maintain. a npresentative at the level of the Permanent Secretary responsible for fisheries or other senior official with sufficieni deci -ion making authority from its designated Ministry responsible for fisheries. (b) Without lintation upon the provisions of Section I.A. 1(a) immediately above, the Regional Steering Committee shall be responsible for, intei alia: (i) revi.wing activities proposed to be carried out by CSRP, and the related budgets; (ii) providing overall policy guidance on the Program; 9 (ii) developing mechanisms designed to strengthen the colla ' r. ion of the Participating Countries in respect of the Program; , iJ (iv) identifying necessary Program adjustments based on mc t ing and evaluation results. 2. Regional Co)rdination Unit The RCU shill be responsible for coordinating the implementation of CS]! I and the Participating Cointries' activities, including facilitating the Participating Cou -, i' s to: (a) access to high lwel expertise to support fisheries policy, legal and regula cr i and institutional reform process; (b) linkages to a regional fishing vessel regi Ai and dashboard; (c) excha age visits and study tours with other countries under the Prog -:r and (d) ongoing fiduciar,r and monitoring and evaluation. B. Project Imp lementation Manual 1. The Recipient shall carry out Parts A (except A. 1(b)), B and C. 1 of the I r,ji zt in accordance with the provisions of the Project Implementation Manual, c':M i ning, inter alia, detailed arrangements and procedures for: (a) institutional coc i Ii iation and day-to-day execution of A (except A.l(b)), B and C.1 the Pl)ject; (b) procedures and guidelines for budgeting, disbursement and i ncial management; (c) procurement; (d) environmental and social s id e,ards requiremenis; (e) monitoring, evaluation, reporting and communica .i:r and (f) such oth -r administrative, financial, technical and organizational arra 1:;: nents and procedures as shall be required for A (except A.1(b)), B and C.1 of tl V oject. 2. The Recipient shall not amend, abrogate, waive or fail to enforce any pri i: 'on of the Project Implementation Manual, without the prior written agreem .: it of the World Bank; provided, however, that in case of any conflict be c, n the arrangemeits and procedures set out in any of said manual and the prc vs )ns of this Agreei nent, the provisions of this Agreement shall prevail. C. Subsidiary Agreement (a) For the purposes of carrying out Parts A. 1 (b) and C.2 of the I r Sr ct, the R(:cipient shall make the proceeds of the Grant allocated from t: m e o time to Category (3) available to CSRP on a grant basis under a subsila . i grant agreement to be entered into between the Recipient and CI F -' under terms and conditions approved by the World Bank (' S a: sidiary A reement"). (b) The Recipient shall exercise its rights and carry out its obligaiii i under tie Subsidiary Agreement in such manner as to protect the int r : s of the Recipient and the World Bank and to accomplish the purp r mc of the 10 Grant. Except as the World Bank shall otherwise agree, the Recipient sha I not assign, imend, abrogate or waive the Subsidiary Agreement or any ( its provision Ls. D. Anti-Corruption The Recipient shall ensure that the Project is carried out in accordance with th provisions of the Arti-Corruption Guidelines. E. Annual Work Plaii s 1. The Recipient shall prepare, under terms of reference satisfactory to the Worl I Bank, and furnish to the World Bank not later than November 30 in each calendE year, the Annual Wo)rk Plans in accordance with Section I.E of Schedule 2 to tb. Financing Agreeme. it. 2. The Recipient shall afford the Association a reasonable opportunity to review an exchange views wit: 1 the Recipient on such proposed plan. 3. Specific Allocation of Fishing Rights Covenant The Recipient shall, in a manner satisfactory to the Association, within thirty si;. (36) months after tb e Effective Date, ensure equitable allocation of fishing right in the octopus indus:ry to respective qualified applicants. For the purpose of this Section I.D.3, the term "equitable allocation of fishin!, rights" refers to the Ollocation of fishing rights that ensures the inclusion of existin ; participants and protects the interests of vulnerable population in the fishin!; industry, in particul; r smaller players in the artisanal segment. F. Environmental ani I Social Safeguards 1 . The Recipient shall ensure that Part B of the Project is implemented in accordanc with the Environmenial and Social Impact Assessment (ESIA) and the Resettlemer 1: Action Plan (RAP), in a manner satisfactory to the World Bank, and the Recipier I shall not amend or w aive any provision of the aforementioned documents withot i the prior written agreement of the World Bank. 2. Without limitation ipon its other reporting obligations under this Agreement, th. Recipient shall collect, compile and furnish to the World Bank on a quarterly basi reports on the status of compliance with the ESIA and the RAP, giving details ol (a) measures ta ken in furtherance of the ESIA and the RAP; 11 (b) conditions, if any, which interfere or threaten to interfere N i: :he smooth implementation of the ESIA and the RAP; and (c) remedial measures taken or required to be taken to ei< Iress such conditions. 3. The R.ecipient shall promptly take all remedial measures referred c : paragraph 2 of ti s Section as shall have been agreed by the World Bank 4. The Recipient shall: (i) implement measures satisfactory to the c Id Bank to minin ize and mitigate adverse social impacts, if any, especially 1.01 e affecting poor Eind vulnerable groups in accordance with the social assessme ,1 o the impact of the Project on the management of its fisheries resources; and, ( iI adequately monit ar and evaluate the carrying out of said measures in the: iml v entation of the P:oject and maintain the World Bank suitably and timely i li oI ned of the progross thereon, including by means of information to be included i ie quarterly reporl s referred to in paragraph 2 of this Section E. 5. Speci ic Covenants for Implementation of the RAP Without limitation to the provisions of Section I.E.1 and 2 abov( : Recipient shall: (a) ensure appropriate compensation, and other compensate i ieasures as may be necessary, resettlement and rehabilitation of such A F ted Persons in accordance with the RAP; (b) not later than one year after completion of the implemental r )f the RAP, conduct and submit an audit by an independent qualifi .: I esettlement expert to monitor the outcomes of the RAP, includinj a survey and consultation with Affected Persons, and which audit shall: c -ecommend necessary actions to address shortcomings in the implem .:j it ion of said RAP; (c) not later than six months prior to commencement of ai orks at the Marchg aux Poissons de Nouakchott: (a) open and ma r I, n a Project account (Resettlement Project Account) in a commercia i tik on terms and conditions satisfactory to the World Bank, includ r appropriate protection against set-off, seizure or attachment; (b) male 1: tyments for the implementation of the RAP, out of the Resettlement :i c -ct Account in accordance with the format and modality agreed upon ii ithe World Bank, and in accordance with the guidelines established ii t I e RAP; and (c) ensure that funds deposited into the Resettlement Proje .i i -count shall be exclusively used to finance payments of compensatioi, r de, or to be 12 made to the Affected Persons, or resettlement assistance to said Affecte I Persons; and (d) ensure effective and adequate oversight of the day-to-day implementatio 1 of the RAP, adequate staffing and resources to ensure effectiv implemental ion, monitoring and supervision of the RAP. Section H. Project Monitoring, Reporting and Evaluation A. Project Reports; Campletion Report 1. The Recipient shall monitor and evaluate the progress of the Project and prepar: Project Reports in accordance with the provisions of Section 2.06 of the Standan Conditions and on tLe basis of the indicators acceptable to the World Bank. Eac Project Report shall zover the period of six calendar months, and shall be furnishet to the World Bank iot later than forty five (45) days after the end of the perio< covered by such report. 2. The Recipient shal prepare the Completion Report in accordance with thl provisions of Sectio a 2.06 of the Standard Conditions. The Completion Repor shall be furnished tc the World Bank not later than six months after the Closinj Date. B. Financial Managem tent; Financial Reports; Audits 1. The Recipient shall ensure that a financial management system is maintained ii accordance with the provisions of Section 2.07 of the Standard Conditions. 2. The Recipient shall ensure that interim unaudited financial reports for the Projec are prepared and finished to the World Bank not later than forty five (45) day after the end of each calendar quarter, covering the quarter, in form and substanc4 satisfactory to the V orld Bank. 3. The Recipient shall have its Financial Statements for the Project audited ii accordance with the provisions of Section 2.07(b) of the Standard Conditions Each such audit of 1 he Financial Statements shall cover the period of one fisca year of the Recipieni. The audited Financial Statements for each such period shal be furnished to the 'World Bank not later than six months after the end of sucl period. 4. Specific Financial Management Covenants The Recipient shall, not later than four (4) months after the Effective Date (a) appoint an internal auditor in accordance with Section II.C of Schedule 2 t< this Agreement, to carry out ex post reviews of the Project transactions; an< 13 (b) appoint an external auditor for the Project in accordance with ) n III.C of Schedule to this Agreement. C. External Controls for Part A.5 of the Project 1. Independent Verification (a) The Recipient shall, not later than three (3) months afte [I Effective Date, cause CSRP to appoint external monitoring and eva L aI ion experts ("Independent Verifiers"), to act as third-party verifiers iil the proper fulfillment of the DLIs set forth in Schedule 3 to this Agre :i it. (b) The Recipient shall cause the Independent Verifiers to caj i- ut, prior to each Withdrawal, an assessment of the level of fulfillm n: f DLIs set forth in Schedule 3 to this Agreement, and provide to th( ipient and the Association, an Independent Verification Report contai in , inter alia, said assessment on the fulfillment of the pertinent DLIs an 1. roposal for disbursement under each Withdrawal. 2. Independent Verification Reports (a) The Recipient shall cause the Independent Verifiers tc 1 nish to the Association every calendar year starting ten months aft r II e Effective Date, regular reports ("Independent Verification Report ' ) repared in accordance with the provisions of the Project Implementa i Manual. (b) The Recipient shall furnish to the World Bank every calen :.r rear starting ten months after the Effective Date, report describing I i: tatus of all procurement activities under Part A.5 of the Project as |( 3: ibed in the Procurement Plan, as well as expected changes to the Pro :i.r ent Plan. (c) The EEPs shall comply with the eligibility criteria and pro .::c res set forth in the Project Implementation Manual. (d) If, at any time, the World Bank determines that an) :i: tion of the financing under the Project: (i) was used for items improl c 1: procured in violation of Section III of this Schedule; (ii) was not is :(l for Eligible Expenditures; or (iii) in case of the EEPs for Part A.5 of t u, Project, was not supported by evidence of actual spending by the Rec r J it under said EEPs and/or by evidence of satisfaction of other criteri, :e forth in this Agreement or in the Project Implementation Manual, th:: 1H cipient shall refund any such portion to the World Bank as the World E a j shall specify by notice to the Recipient. 14 Section III. Procurement A. General 1 Goods, Works and Non-consulting Services. All goods, works and nc n consulting services required for the Project and to be financed out of the procee l; of the Financing shall be procured in accordance with the requirements set forth referred to in Section I of the Procurement Guidelines, and with the provisions this Section. 2. Consultants' Services. All consultants' services required for the Project and ( be financed out of :he proceeds of the Financing shall be procured in accordan with the requireme its set forth or referred to in Sections I and IV of the Consulta i Guidelines, and with the provisions of this Section. 3. Definitions. The capitalized terms used below in this Section to describe particul i procurement methods or methods of review by the World Bank of particul :. contracts, refer to the corresponding method described in Sections II and III of t] . Procurement Guide ines, or Sections , 1II, IV and V of the Consultant Guideline as the case may be. B. Particular Methoi Is of Procurement of Goods, Works and Non-consultii 2 Services 1. International Competitive Bidding. Except as otherwise provided in paragral h1 2 below, goods, works and non-consulting services shall be procured und i contracts awarded cn the basis of International Competitive Bidding. 2. Other Methods cf Procurement of Goods, Works and Non-consultir 13 Services. The foll(wing methods, other than International Competitive Biddin , may be used for pi ocurement of goods, works and non-consulting services fi r those contracts spccified in the Procurement Plan: (a) National Competitie Bidding, subject to he procedures set forth under paragraph 3 immediately belov (b) Shopping; and (;.) Direct Contracting. 3. National Competit: ve Bidding may be used as set forth in paragraph 2(;) immediately above, subject to the following provisions: (a) Each biddi.g document and contract financed out of the proceeds of tf Financing ,hall provide that: (a) the bidders, suppliers, contractors an I their subcoi itractors, agents, personnel, consultants, service providers, < suppliers shall permit the World Bank, at its request, to inspect a I accounts, rccords and other documents relating to the submission of bic i and contract performance, and to have said accounts and records audite I by auditors appointed by the World Bank; and (b) the deliberate an I 15 material violation of such provision may amount to an obs r,i: ive practice as defined in paragraph 1.1 6(a)(v) of the Procurement Gu :e nes. (b) Eligible bidders, including foreign bidders, shall be allow( d t participate. (c) No domestic preference shall be given to domestic coit a tors and to domestically manufactured goods. (d) Bidders shall be given adequate response time (at least f :. weeks) to submit bids from the date of the invitation to bid or the dal .. o availability of bidding documents, whichever is later. (e) If bidders are authorized to submit an alternative bid with ii ithout a bid for the base case, the bids offered for alternatives meetih ie specified requirements shall be evaluated on their own merits. (f) Bids are awarded to the bidder with the lowest bid evalu, t:: proven this bidder is qualified. (g) If the bid resulting in the lowest evaluated bid price appear 10 e seriously unbalanced or front-loaded in the opinion of the Employe , 1U:_ Employer may require that the amount of the performance security ) : icreased at the expense of the Bidder at a level sufficient to protec 1 Employer against financial loss in the event of defaults of the sui c e Tul Bidder under the Contract. (h) Provisions related to the use of merit point shall not apply (i) Less than three bids submitted shall not be considered as i r son for re- bidding. (j) The evaluated lowest Bidder shall be authorized ti: complete administrative statement proof. (k) The lack of anonymity of any offer shall not be a reason (,r ejection of the offer. (1) A newly created firm shall not qualify based on the ey -.-r mce of its management staff. (in) The evaluation committee should not include any Ten ltr Committee Member. 16 C. Particular Methods of Procurement of Consultants' Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragrapPr below, consultants' services shall be procured under contracts awarded on the ba, 1 of Quality and Cosi.-based Selection. 2. Other Methods (if Procurement of Consultants' Services. The followig. methods, other than Quality and Cost-based Selection, may be used fa procurement of consultants' services for those contracts which are specified in ti Procurement Plan: a) Quality-based Selection; (b) Selection under a Fixed Budge: (c) Least Cost Selection; (d) Selection based on Consultants' Qualificatior . (e) Single-source Selection of consulting firms; (f) Procedures set forth r paragraphs 5.2 and 5.3 of the Consultant Guidelines for the Selection of Individu . Consultants; and (3) Single-source procedures for the Selection of Individu L Consultants. D. Review by the World Bank of Procurement Decisions The Procurement P Lan shall set forth those contracts which shall be subject to tl World Bank's Prio! Review. All other contracts shall be subject to Post Revie :v by the World Bank. Section IV. Withdrawal of Grant Proceeds A. General 1. The Recipient may withdraw the proceeds of the Grant in accordance with tI e provisions of: (a) Article III of the Standard Conditions; (b) this Section; arI (c) such additional instructions as the World Bank may specify by notice to tI i Recipient (including the "World Bank Disbursement Guidelines for Project," dated May 2006, ai revised from time to time by the World Bank and as mac i applicable to this Agreement pursuant to such instructions), to finance Eligib c Expenditures as set forth in the table in paragraph 2. . 2. The following table specifies the categories of Eligible Expenditures that may to financed out of tht proceeds of the Grant ("Category"), the allocations of tt i amounts of the Gra.it to each Category, and the percentage of expenditures to ti financed for Eligibl, Expenditures in each Category: 17 Category Amount of the Percentage of Grant Allocated Expenditures to be (expressed in USD) Financed (inclusive of Taxes]) (1) Goods, works, non -consulting 6,045,000 90% services, consultants' services and Operating Costs for Prts A (except A.1(b) and A.5) of the Project (2) Goods, works, no' i-consulting 75,000 1% services, consultants' ofervices and Operating Costs for Farts B and C. Project (3) Goods, works, non-consulting 200,000 25% services, consultants' services, and Operating Costs or Parts A.1(b) and C.2 of the Project (4) Eligible Expenditure Program 680,000 68% of DLI values ft r under Part A.5 of thc Project for the pertinent Project scheduled DLI disbtrsement set Year forth in the DLI Tab le TOTAL AMOUNT 7,000,000 For the purpoie of the table set forth immediately above, the term "Op,ri ag Costs" means the incremental expenses incurred on account of Project implemer it in, based on the Annual Work Plans approved by the World Bank pursuant to Section 1 . of Schedule 2 to this Agi eement, including office equipment and supplies, vehicle of -a i on and maintenance, communication costs, office administration costs, utilities, travel 11,c 7er diem, excluding the s,.laries of the Recipient's civil servants. B. Withdrawal Conditions; Withdrawal Period 1. Notwithstancing the provisions of Part A of this Section, no withdrawal :; . I be made: (a) for payments made prior to the date of this Agreement; or (b) for any scheduled DLI payment under Category 4 unless the I :c ient shall have: 18 i. submit ted to the World Bank, in form and substance satisfactory to the World Bank, the applicable Customized Statement of Expenditure, and an Independent Verification Report for the pertine nt Project Year, detailing the expenditures incurred under the EE? up to the date on which the withdrawal application shall be submitted; and ii. by no later than forty-five (45) days after the end of the pertinent Project Year, furnished evidence satisfactory to the World Bank of the achievement of all five (5) DLIs for the actions to be achievcd in the third Project Year, which actions are set forth in the DL. Table. 2. Notwithstanding the provisions of Section IV.B.1(b) of this Schedule 2, no installment payments s all be made under Category 4 unless, evidence satisfactory to the World Bank has been furnished to the World Bank that the Recipient has achieved all but one DLI under the preceding Project Year, and that due to unavoidable circumstan-e beyond the control of the Recipient, the pending DLI was/were no longer achi evable by its/their due date(s) and/or by the Closing Date. 3. In the event that the World Bank has withheld, or is entitled to withhold, part of the Grant pursuant to paragraph 2 of this Section IV.B.2, the World Bank may, at its sole discretion, authorize, at a later date, the full release of the amount(s) so withheld, if and when th- World Bank is satisfied that the respective target DLI(s) has/have been achieved. 4. The Closing Date refer:ed to in Section 3.06(c) of the Standard Conditions is December 15, 2020. 19 SCHEDULE 3 Disbursement Linked Indicators (DLIs) DLI 1: Number of Reliablei fisheries management data regularly available (IR Indicat, 1 1) Year 1 Year 2 Year 3 Year 4 Year 5 Cotal (USD) 6 out of [3 7 out of 13 10 out of 13 12 out of 13 13 out of 13 N/A variables are variables are variables are variables are variables are Target made made made made made availabie available available available available DLI Value 12,750 12,750 38,250 25,500 12,750 102,000 (USD) The achievement of the DLI target will be measured by assessing the deg ce f reliable fisheries data that are made available. The fisheries variables that will be made available include: 1. List of valid fishing licenses from all segments (monthly) 2. List of infractions in artisanal and coastal segments (annually) 3. List of infractions in industrial segment (monthly) 4. 1 Fees from licenses (every trimester) 5. 17ees collected under fishing agreements (annually) 6. ] 'ees from infractions (annually) 7. ';stimate of octopus catch potential in the EEZ (metric ton estir e I (annual) Deciptionnt o 8. Fishing effort, in thousands of hours of industrial fleets (by cate !or of vessels) Achievementanul (annual) 9. Volume in tons of fish production (pelagic, demersal cephalopo .1, id crustaceans) annual) 10. FOB value of frozen fish exports in thousands of US dollars (ci ie prices), by 3egment (artisanal and coastal) (annual) 11. FOB price of octopus exports in US dollars per ton (monthly) 12. Value of public and private investments made in the fisheries so -c (in US dollars) (annual) 13. Number of shipyard approved by the State serving fisheries uni s (. inual) The DL is not scalable. Verifiction Entity: The achievement of DLIs will be verified on an ant u 7 asis by the Indeper dent Verifiers referred to in Section II.C. I of Schedule 2 to this t .E -ement. Data soarce: The independent entity will verify the achievement of this [I. by reviewing Verification the annual report of the Comit Restreint sur les Statistiques de Piche ( iR P) to assess Protocol whether the fisheries data was made available. Proced-ire: The methodology used to assess the data availability is a sii il; count of the number of the 13 variables that are made available. 20 DLI 2: Share of fisheries minagement data published regularly and made publicly acce;' iill Ie (PDO Indicator 1) Total Year Yar 1 Year 2 Year 3 Year 4 Year (USD) 16% of 33% of 50% of 66% of 83% 1- N/A fisl ieries fisheries fisheries fisheries fisheri management management management management managei t, r (I ata data data data data Target published published published published publist :1 regulIrly and regularly and regularly and regularly and regularl) z n: made made made made mad( publicly publicly publicly publicly public acccssible accessible accessible accessible accessi '1 DLI Value (USD) 27, 051 27, 091 27, 091 27,091 27,092 136,456 The achievement of the DLI target will be measured by the c !e of fisheries management data that are made publicly accessible ( to improve transparency in the governance of fisheries. Six variables constitute the fisheries management data that ai e aected to be made publicly accessible: D List of valid fishing licenses from all segments (monthly) Dciptio of * List of infractions in artisanal and coastal segments (annuall) Achievement List of infractions in industrial segment (monthly) Fees from licenses (every trimester) Fees collected under fishing agreements (annually) Fees from infractions (annually) The D LI is not scalable. Verification Entity: The achievement of DLIs will be verified on an aj r i: basis by the Ini ependent Verifiers referred to in Section II.C. 1 of Schedule 2 t( hi Agree nent. Data source: The website of the government agency responsible for fi: li -s manag,,ment. Verification Protocol Procec ure: The methodology to compute the target value is as follows 1 culation by divisio a of number of accessible fisheries management variables in an i i equivalent by defied total number of variables (6) x 100. For example, each mor J 11 data will be recorded by 1/12. If this variable is published monthly during the ),- it. its value will be 1. If this variable is published regularly for 6 months, its value ill be 0.5. 21 DLI 3: Number of fishing vossels operating in the exclusive economic zones should not i : d the ceiling established for each segmen t (PDO Indicator 3) Year Year 1 Year 2 Year 3 Year 4 Year 5 Total (USD) "Yes": "Yes": "Yes": "Yes": "Yes": N/A number do,s number does number does number does number dc not exceed not exceed not exceed not exceed not excee .1 ceiling of ceiling of ceiling of ceiling of ceiling o 7,661 7,661 7,661 7,661 7,661 Target artisanal artisanal artisanal artisanal artisana vessels, 2(-1 vessels, 261 vessels, 261 vessels, 261 vessels, 2 coastal coastal coastal coastal coastal vessels, ai.d vessels, and vessels, and vessels, and vessels, a!( 245 indust ial 245 industrial 245 industrial 245 industrial 245 in dust i] vessels vessels vessels vessels vessels DLI Value 34,000 34,000 34,000 34,000 34,000 170,000 (USD) -- This is a pi oxy measure of the fishing capacity with the intent that the nun e oaf vessels should not increase so as to curb the trend of resource degradation. In the indt strial segment, the number of vessel is measured with reference t I ie number of fishing licinses in annual equivalent. In the artisanal segment, the numbe i dessels will be calculated based on the number of registered boats and it includes the don i ii. capacity. The number of fishing vessels includes foreign vessels. Description of Achievement The indic tor will be considered achieved (= "Yes") if the fleet size is at ( r b low the following values: * 7 661 artisanal vessels and 261 coastal vessels as indicated in the r stry of the Direction de la Piche Artisanale et C6tijre (DPAC), and * 2 45 industrial vessels as indicated in the registry of the Directior t ea P6che Lidustrielle (DPI). The DLI is not scalable. Verification Entity: The achievement of DLIs will be verified on an ann i.t 1 Lsis by the Independ nt Verifiers referred to in Section II.C. 1 of Schedule 2 to this 1 r: uMent. Verification Data source: For artisanal vessels and coastal vessels, the information ca :. verified in the Vrifton registry o!f the Direction de la Pdche Artisanale et C5tire (DPAC), and cr idustrial vessels, Protocol the infon nation can be verified in the registry of the Direction de la Pi e dustrielle (DPI). Procedure: The indicator will be considered achieved (= "Yes") if the fl( e:<: tpacity is at or below 7,661 artisanal vessels, 261 coastal vessels, and 245 industrial ve :; 1 22 DLI 4: Share of fishing vesiels registered (IR Indicator 1.2) Year Year 1 Year 2 Year 3 Year 4 Year 5 'I otal (USD) 100% of 100% of 100% of 100% of 100% of N/A Industrial, 60 Industrial, 70 Industrial, 80 Industrial, 85 Industrial, 90 % of Coastal, % of % of % of % of and 0% o: Coastal, and Coastal, and Coastal, and Coastal, and Target Artisanal 0% of 25% of 50% of 90% of fleet is Artisanal Artisanal Artisanal Artisanal registered fleet is fleet is fleet is fleet is registered registered registered registered DLI Value 20,400 20,400 20,400 20,400 20,400 102,000 (USD) The achievment of the DLI target will be measured by verifying the perce it of registered v-ssels in industrial, coastal and artisanal segments of the fishinl I t t. Description of Although th e artisanal and coastal vessels are already registered, Mauritani I develop a Achievement new secure<. registration system with an unforgeable identification device. The DLI is iot scalable. Verification Entity: The achievement of DLIs will be verified on an annual . t by the Independen Verifiers referred to in Section II.C. 1 of Schedule 2 to this Agi r nt. Data source There are two sources for data verification. The first is located a: e Direction Verification de 1'Aminag ement et de la Recherche Ocanographique (DARO), which m [ i es the Vrifaton registry info rmation for both DPI (for the industrial segment) and DPAC (ft r t i coastal and Protocol artisanal segments). The second is located at the Direction de la Marine M6 nde (DMM) which keeps track of the registration of the country's fishing fleet. Procedure: The DLI will be considered achieved if the percentage of registe Id 'essels is at or above the targeted percentage values. 23 DLI 5: Annual total allowable catch (TAC) in the octopus fishery is distributed in pi r . itage to artisanal, coastal and inilustrial segments in a "participatory", "transparent", and -:i. itific manner" (IR Indicator 1.7) Year Yeai 1 Year 2 Year 3 Year 4 Year 5 Total (USD) Target 0 0 1 2 3 N/A DLI Value 0 0 56, 848 56, 848 56,848 170, 544 (USD) This indicator is based on the observation of the process leading to the < It bution of the shares o f total annual catch (TAG) in the octopus fishery. Total allowat. c tch measure is used to ,nsure stock sustainability without undermining the renewal poi ,ti Il of the stock. The tar et value of "O", "1", "2", or "3" will be established in the folloN ii way: * Target value "0" means that the total allowable catch is distribi i: c n non- participatory, non-transparent, and non-scientific manner. * Target value "1", "2", or "3" is achieved by the cumulative val it w*one point each earned if the total allowable catch is distributed in a participato -3. I ansparent, or scientific manner, respectively. Description of The maximum score is "3" which is earned if the total allowab c: ch is distributed Achievement in a participatory, transparent, and scientific manner. The following definitions apply: * Participatory: Annual publication of results of consultations th, 1:11 lude a large number of players and vulnerable populations leading to the di: t ition of TAC * Transparent: Publication of allocation criteria and data based o i I ich TAC distribution will be made. * Scientific: The distribution should be consistent with biologica r, economic sustainability adjusted depending on resource availability. The DL is not scalable. Verifica ion Entity: The achievement of DLIs will be verified on an anr i:J iasis by the Indepen ient Verifiers referred to in Section II.C. 1 of Schedule 2 to this i as ement. Data soi irce: The value will be assessed by examining the annual report c f ie Institut Mauritm nien de Recherche Oceanographique et sur les Piches (IMROI ) , d for which Vriicaon conclusions are validated by the Conseil ConsultatifNational pour l'Ah c: gement et le Dvelolpement des Pcheries (CCNAD), as documented the minutes o'i h; r annual meeting. Procedure: the total annual catch distribution will be assessed against it di ee parameters of Participatory, Transparent, and Scientific, as per the definitions provide .1 a: Jve. 24 APPENDIX Definitions 1. "Annual Work Plans' means the annual work plans for the Project approved by the Association in accordance with the provisions of Section I.E of Schedule 2 to this Agreement; and " Annual Work Plan" means any of the Annual Work Plans. 2. "Affected Persons" means persons who, on account of the execution of the Project had or would have their: (i) standard of living adversely affected; or (ii) right, title, interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; (iii) acc.-ss to productive assets adversely affected, temporarily or permanently; or (iv) iusiness, occupation, work or place of residence or habitat adversely affected. 3. "Anti-Corruption GLiidelines" means the "Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by 1BRD Loans and IDA Credits and Grants", cdated October 15, 2006 and revised in January 2011. 4. "Category" means a category set forth in the table in Section IV of Schedule 2 to this Agreement. 5. "Currency" means US Dollars. 6. "Consultant Guidelincs" means the "Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits and Grants by World Bank Borrowers" dated January 2011 (revised July 2014). 7. "CSRP" means the Commission Sous-Rfgionale des Piches, the sub-regional fisheries commission c.stablished and operating pursuant to the CSRP Treaty. 8. "CSRP Treaty" mears the inter-governmental convention Convention portant Crdation de la Comnission Sous-Rfgionale des Piches, dated March 29, 1985 entered into among the member states of the CSRP (Mauritania, Senegal, the Gambia, Guinea-Bissiu, Guinea, Cape Verde and Sierra Leone), as amended. 9. "Disbursement-Linked Indicator" or "DLI" means a set of indicators as specified in Schedule 4 to this A greement; and "Disbursement-Linked Indicators" or "DLIs" means more than one Disbursement-Linked Indicator or DLI. 10. "DLI Table" means the table set forth in Schedule 4 to this Agreement. 25 11. "EEPs" or "Eligible Expenditure Programs" means a set of defined expenditt in: for goods, non-consulting services, consultants' services, training and operal iL costs made by the Recipient under Part A.5 of the Project. 12. "Exclusive Econonic Zone" or "EEZ" means the Recipient's maritime area bey, ii,c and adjacent to the territorial sea and extending up to 200 nautical miles from ihe baselines from w hich breadth of the territorial sea is measured, subject to ilw specific legal regime established in Part V of the UNCLOS. 13. "Environmental and Social Impact Assessment" or "ESIA" means the report f :F Part B of the Project dated November 2014, and disclosed in country on Decen I- 8, 2014, and in ihe Association's Infoshop on December 4, 2014 respectiv,"Vy describing the set of avoidance, mitigation, enhancement, monitoring, i ul institutional measures to be taken during construction of the Marchg aux Pois, at de Nouakchott to avoid, mitigate, offset, or reduce adverse environmental : -; social impacts to acceptable levels, or to enhance positive impacts. 14. "Fisheries Legisl:tion" means the Fisheries Code (Law No. 2005-25, adopte< : January 24, 2000, as amended in 2007) and Merchant navy Code (Law No. 2113 29, adopted on lily 10, 2013) together with the relevant implementing decrees ; a orders, in particular, Decree No. 2002-073, adopted on October 1, 2002 and amei e in 2010, and Ministerial Order No. 2012-1808, as amended by Ministerial C 1 No. 2012-1390, adopted in August 2012. 15. "Independent Ve rifiers" means the independent verifiers referred to in Section , .1. of Schedule 2 to this Agreement, recruited by the Recipient in order to prepar,: Independent Verification Reports. 16. "Independent Verification Report" means the report prepared by the Indeper :1 Verifiers in accordance with the details provided in the Project Implement-t Manual and, reftrred to in Section II.C.2 of Schedule 2 to this Agreement, to i i I disbursement recommendation for each Withdrawal based on the spending s i of the Eligible Expenditure Programs under Part A.5 of the Project an Ili compliance with the DLIs. 17. Ministire des Piches et de l'Economie Maritime means the Recipient's mit t responsible for J isheries and maritime economy, or any successor thereto. 18. "Preparation Advance" means the advance referred to in Section 2.07 c t General Conditi :ns, granted by the Association to the Recipient pursuant to: ( ) t letter agreement signed on behalf of the Association on December 27, 2011 a ( i behalf of the Recipient on May 13, 2012; (ii) the letter agreement signed on !if of the Association on May 22, 2014 and on behalf of the Recipient on. Jur i.- , 2014; and (iii) t ie letter agreement signed on behalf of the Association on Fet :i it y 6, 2015 and on 'ehalf of the Recipient on February 10, 2015. 26 19. "Procurement Guidelines" means the "Guidelines: Procurement of Goods, Works and Non-consulting Services under IBRD Loans and IDA Credits and Grants by World Bank Borrowers" dated January 2011 (revised July 2014). 20. "Procurement Plan" n Leans the Recipient's procurement plan for the Project, dated February 6, 2015 and referred to in paragraph 1.18 of the Procurement Guidelines and paragraph 1.25 of the Consultant Guidelines, as the same shall be updated from time to time in accordance with the provisions of said paragraphs. 21. "Program" means tho West Africa Regional Fisheries Program of the CSRP member countries endorsed by the Conference of Ministers of Fisheries of the member states of the CSRP, the Republic of Ghana and the Republic of Liberia, on October 26 - 27, 2007 and December 5, 2008, and set forth in the minutes of the respective meeting s of said Conference. 22. "Project Inplementing Entity" means the CSRP. 23. "Project hnplementat:on Manual" or "PIM" means the manual adopted by the Recipient pursuant to Section 5.01(b) to this Agreement and referred to in Section I.B of Schedule 2 to this Agreement. 24. "Project Implementing Unit" or "PIU" means the implementing unit established within the Recipient' s Ministire des Piches et de l'Economie Maritime and referred to in Section I.A.I.1 in Schedule 2 to this Agreement. 25. "Project Year" means a period of twelve (12) calendar months, the first such Project Year commer cing on the Effective Date and ending twelve calendar months after such date. 26. "Resettlement Actior. Plan" or "RAP" means the resettlement plan dated November 2014, and disclosed in country on December 8, 2014, and in the Association's InfoShc.p on December 4, 2014, for the resettlement of Affected Persons in the area aro nd the Marchi aux Poissons de Nouakchott in the territory of the Recipient. 27. "Regional Coordination Unit" means the unit referred to in Section I.A.II.2 of Schedule 2 to this Agreement. 28. "Regional Operational Manual" means the "CSRP manual for Parts A.1(b) and C.2 of the Project referred I o in Section I.C of the Schedule 2 to the Project Agreement, as the same may be amended from time to time with prior written agreement of the Association. 29. "Regional Annual Work Plans and Budgets" means the CSRP annual work plans for Parts A. 1(b) and C 2 of the Project approved by the Association in accordance 27 with the provisions of Section I.D of the Schedule to the Project Agreemen a I "Regional Anni al Work Plan" means any of the Regional Annual Work Pla: i,. 30. "Subsidiary Agreement" means the agreement referred to in Section 5.01 (a I a I Section I.C of S zhedule 2 to this Agreement pursuant to which the Recipient s:v 1 make part of the proceeds of the Financing available to the Project Impleme 1[ Entity. 31. "UNCLOS" means the United Nations Convention on the Law of the Sea, L t I Nations Convertion on the Law of the Sea, December 10, 1982 as ratified E,i t Recipient. 28