ARTF GRANT NUMBER TF0C6627
AMENDMENT TO THE ORIGINAL GRANT AGREEMENT (ARTF GRANT
NUMBER TF0B9497)
Afghanistan Resilience Trust Fund
Grant Agreement
(Education Emergency Response in Afghanistan Additional Financing)
between
INTERNATIONAL DEVELOPMENT ASSOCIATION
(Acting as administrator of the Afghanistan Resilience Trust Fund)
and
UNITED NATIONS CHILDREN’S FUND
(for the benefit of Afghanistan)
ARTF GRANT NUMBER TF0C6627
AFGHANISTAN RESILIENCE TRUST FUND
GRANT AGREEMENT
AGREEMENT dated as of the Signature Date between INTERNATIONAL
DEVELOPMENT ASSOCIATION (“Bank”), acting as administrator of the
AFGHANISTAN RESILIENCE TRUST FUND (“ARTF”), and UNITED NATIONS
CHILDREN’S FUND (“Recipient” or “UNICEF”).
WHEREAS:
(A) the United Nations has, in response to the risks of severe drought in Afghanistan
and the crisis therein following the events that occurred on August 15, 2021,
requested the Bank on November 7, 2021, to finance international community’s
efforts for providing humanitarian assistance and protecting basic service delivery
in Afghanistan;
(B) the ARTF Management Committee and the Bank, acting as the administrator of
the ARTF, approved, in September 2022, a proposal for financing of the Original
Project (as hereinafter defined) in the overall amount not to exceed one hundred
million United States Dollars ($100,000,000) extended to the Recipient on terms
and conditions set forth or referred to in the Grant Agreement, dated September
13, 2022, as amended (the “Original Grant Agreement”), to assist in the financing
of the Original Project;
(C) the Recipient, having satisfied itself as to the feasibility and priority of the Project
(as hereinafter defined), requested the Bank to assist with additional financing of
the Project;
(D) the Bank has agreed on the basis, inter alia, of the foregoing to: (i) extend to the
Recipient (a) a grant for the benefit of the people of Afghanistan in the amount of
fifty two million six hundred thousand Special Drawing Rights (SDR 52,600,000)
under the Financing Agreement (“Financing Agreement”) between the Recipient
and the Bank, dated the same as this Agreement; and (b) a grant out of the ARTF
resources for the benefit of the people of Afghanistan upon terms and conditions
set forth in this Agreement, all to assist with the additional financing of the Project;
and (ii) amend the Original Grant Agreement as set out in Schedule 3 to this
Agreement.
NOW THERFORE, the Recipient and the Bank hereby agree as follows:
Article I
Standard Conditions; Definitions
1.01. The Standard Conditions (as defined in the Appendix to this Agreement) apply to
and form part of this Agreement.
1.02. The Financial Management Framework Agreement (“FMFA”) (as defined in the
Appendix to this Agreement) constitutes an integral part of this Agreement.
Without limitation to the provisions of the FMFA, in respect to the Recipient, all
and/or any references in the FMFA to the:
(a) “Letter Agreement(s)” shall be understood as references to this Agreement;
(b) “Trust Fund Grant(s)” shall be understood as references to the Grant
referred to in Section 3.01 of this Agreement;
(c) “UN” and “UN Organization,” including a particular reference in Section 7
of the FMFA, shall be understood as reference to the “United Nations
Children’s Fund”;
(d) “UN Controller” shall be understood as reference to the “UNICEF
Comptroller”;
(e) “UN Financial Regulations” shall be understood as reference to the
“UNICEF Financial Regulations and Rules”; and
(f) “Parties” in Section 11 of the FMFA shall be understood as reference to the
“Bank” and the “United Nations Children’s Fund” or, alternatively, the
“Bank” on the one hand and the “United Nations Secretariat” and all “UN
Organizations” (as that term is defined in the FMFA) on the other hand, if
a satisfactory consolidated review mechanism is established.
1.03. Unless the context requires otherwise, the capitalized terms used in this Agreement
have the meanings ascribed to them in the Standard Conditions or in the Appendix
to this Agreement.
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Article II
The Project
2.01 The Recipient declares its commitment to the objective of the project described in
Schedule 1 to this Agreement (“Project”). To this end, the Recipient shall carry out
the Project in accordance with the provisions of Article II of the Standard
Conditions and Schedule 2 to this Agreement.
Article III
The Grant
3.01. The Bank agrees to extend to the Recipient a grant in an amount not to exceed
twenty-five million United States Dollars ($25,000,000) (“Grant”) to assist in
financing the Project.
3.02. The Recipient may withdraw the proceeds of the Grant in accordance with
Section IV of Schedule 2 to this Agreement.
3.03. The Grant is funded out of the abovementioned trust fund for which the Bank receives
periodic contributions from the donors to the trust fund. In accordance with
Section 3.02 of the Standard Conditions, the Bank’s payment obligations in
connection with this Agreement are limited to the amount of funds made available to
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 Events of Suspension referred to in Section 4.02(k) of the Standard
Conditions consist of the following:
(a) if, by notice sent to the Recipient pursuant to sub-paragraph (iv) of
paragraph 9 of the FMFA, the Bank confirms that it reasonably believes the
actions taken previously in accordance with said Section 9 have not been
sufficient to fulfill its fiduciary obligations to ensure that the proceeds of
the Grant were for eligible expenditures; or
(b) if, by notice sent to the Recipient pursuant to sub-paragraph (iii)(a)(1) of
paragraph 10 of the FMFA, the Bank confirms that alternative financial
management arrangements mutually acceptable to the Bank and the
Recipient were not reached within the period stipulated therein; or
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(c) if, the Bank determines at any time that a reference in either paragraph 1 or
paragraph 4 of Section II.B of Schedule 2 to this Agreement to the
Recipient’s Financial Regulations and Rules is incomplete or inaccurate in
any material respect; and/or
(d) if the Bank for any reason revokes the application of the Alternative
Procurement Arrangements set forth in Section III.1 of Schedule 2 to this
Agreement.
Article V
Recipient’s Representative; Addresses
5.01. The Recipient’s Representative referred to in Section 7.02 of the Standard
Conditions is the UNICEF Representative, Afghanistan.
5.02. For purposes of Section 7.01 of the Standard Conditions:
(a) The Recipient’s address is:
UNICEF, the United Nations Children’s Fund
United Nations Office Complex (UNOCA)
Jalalabad Road
Kabul, Afghanistan
(Attention: The Country Representative)
With a copy to:
UNICEF, the United Nations Children’s Fund
UNICEF House
Three United Nations Plaza
New York, New York 10017
(Attention: Director, Public Partnerships Division); and
(b) the Recipient’s Electronic Address is:
E-mail: toyewale@unicef.org
5.03. For purposes of Section 7.01 of the Standard Conditions:
(a) The Bank’s address is:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of America; and
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(b) the Bank’s Electronic Address is:
Facsimile:
1-202-477-6391
AGREED as of the Signature Date.
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AGREED as of the Signature Date.
INTERNATIONAL DEVELOPMENT ASSOCIATION
(Acting as administrator of Afghanistan Resilience Trust Fund)
By:
_____________________________________
Authorized Representative
Faris H. Hadad-Zervos
Name: _______________________________
Country Director
Title: _______________________________
23-Dec-2024
Date: _______________________________
UNITED NATIONS CHILDREN’S FUND
By:
_____________________________________
Authorized Representative
Tajudeen Oyewale
Name: _______________________________
UNICEF Representative
Title: _______________________________
24-Dec-2024
Date: _______________________________
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SCHEDULE 1
Project Description
The objective of the Project is to support access to learning opportunities for girls and boys
and improve learning conditions in Project-supported schools.
The Project consists of the following parts:
Part 1. Support Access to Learning Opportunities
1.1 Supporting Community Based Education (“CBE”) and transition of CBE students
to primary level Hub Schools to improve access to basic education for out-of-
school children, with a special focus on girls and disadvantaged groups, including,
inter alia, provision of training to Implementing Partners, teachers, school
principals, and community-led consultative councils, updating the associated
transition plans, carrying out of needs assessments in Hub Schools, and supporting
the implementation of a national learning continuity strategy for CBE learners.
1.2 Supporting: (a) an innovative Block Grants program to promote continued youth
engagement in learning; (b) youth literacy and skills development programs,
including, inter alia, carrying out of literacy, numeracy, skills development, and
entrepreneurship support activities for adolescent youth and provision of Cash
Transfers to Cash Transfer Beneficiaries; and (c) multi-modal distance learning
activities, including, inter alia, development, broadcasting, and curation of
teaching and learning materials in Selected Subjects, provision of student tutoring
support, and carrying out of research and assessments to evaluate distance learning
interventions.
1.3 Support education and nutrition-related interventions in Selected Districts through
financing Labeled Cash Transfers to Eligible Households.
1.4 Supporting access to learning opportunities for early childhood development
through: (a) conducting a study of existing early childhood education centers; (b)
carrying out mapping and related analysis for the delivery of integrated early
childhood development services, including education, health and nutrition points;
and (c) piloting of a face-to-face intervention targeting caregivers, especially
mothers, on good parenting practices.
Part 2. Improving Learning Conditions at Project-supported Schools
2.1 Supporting gender-focused rehabilitation of school infrastructure and provision of
high-performance tents to increase access and attendance and improve student
learning.
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2.2 Supporting distribution of basic teaching and learning materials for students and
teachers in Selected Schools.
2.3 Enhancing primary school teachers’ pedagogical competencies and subject matter
knowledge through in-service teacher professional development activities,
including, inter alia, carrying out of a teachers’ skill gap assessment, development
of training programs and materials, and delivering in-service teacher professional
development training.
2.4 Supporting learning assessments through an expansion of a national learning
assessment to cover CBE classes and public schools’ primary classes.
2.5 Supporting Home-Grown School Feeding through provision of school feeding,
consisting of, inter alia, nutritious daily snacks, school meals and nutritional
supplements, to CBE and primary school children in Selected Districts and
provision of training, goods, and equipment support to relevant stakeholders to
become school-feeding providers, including training, guidance, and monitoring on
recipe standardization and carrying out of assessments to evaluate program impact.
Part 3. Strengthening Monitoring and Ensuring Accountability
3.1 Strengthening monitoring and ensuring accountability through, inter alia: (a)
collecting core education data; (b) carrying out household surveys or Multiple
Indicator Cluster Surveys; (c) engaging the Recipient’s Third-Party Monitoring
Agent for the Project; and (d) conducting internal monitoring.
3.2 Supporting Project implementation and coordination, including by supporting: (a)
Recipient’s Indirect Costs; (b) direct Project management and supervision costs
required to support implementation of the Project, including, among others, Project
monitoring and coordination; and (c) establishment and maintenance of a
grievance redress mechanism.
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SCHEDULE 2
Project Execution
Section I. Institutional and Other Arrangements
A. Institutional Arrangements
1. The Recipient shall carry out the Project with due diligence and efficiency in
conformity with appropriate administrative, financial, technical, environmental
and social standards and practices and in accordance with the provisions of this
Agreement, the FMFA, the Environmental and Social Commitment Plan (“ESCP”)
and the Project Operations Manual, and shall promptly provide the funds, facilities,
services and other resources required for the Project.
2. (a) The Recipient shall maintain throughout the period of the implementation of
the Project, a coordination committee (“Project Coordination Committee”)
with composition and terms of reference agreed by the Recipient and the
Bank, to help provide, inter alia, the overall guidance for the Project, as
further set out in the Project Operations Manual. The Recipient shall
facilitate the establishment and maintenance of the Project Coordination
Committee.
(b) Without limitation to the generality of Section I.A.2(a) above, the Project
Coordination Committee shall include representatives of the Recipient, a
selected representative from the ARTF partners and the Bank, and unless
otherwise agreed between the Bank and the Recipient, shall meet at least
once each calendar quarter during the Project implementation period.
B. Project Operations Manual
1. The Recipient shall:
(a) no later than one (1) month after the Signature Date, update and thereafter
maintain, throughout the implementation of the Project, the Project
Operations Manual (“POM”), in form and substance satisfactory to the
Bank, containing, inter alia: (i) a detailed description of the Project activities
and institutional arrangements for their implementation, including eligibility
criteria and selection procedures for Part 1.2(b) of the Project; (ii) detailed
terms of reference of the Project Coordination Committee and its operational
arrangements; (iii) monitoring, evaluation, and reporting procedures for the
Project, including third-party monitoring of Project implementation; (iv)
procedures, eligibility criteria, and mechanisms for provision of Labeled
Cash Transfers to Eligible Households, Cash Transfers to Cash Transfer
Beneficiaries, and Block Grants and targeting of Block Grants Service
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Providers, as agreed between the Bank and the Recipient in accordance with
the provisions of this Agreement and the FMFA; (v) description of the
package of Community Based Education services; (vi) operational
procedures and arrangements for monitoring compliance with Entry Criteria
for Access; and (vii) implementation of environmental and social
instruments referred to in the ESCP; and
(b) carry out the Project in accordance with the provisions of the Project
Operations Manual.
2. Without limitation upon other provisions of this Agreement, monitoring,
evaluation, financial and reporting procedures for third-party monitoring of Project
implementation in the Project Operations Manual under Section I.B.1.(a)(iii)
above shall include, among others, detailed terms of reference of the Recipient’s
Third-Party Monitoring, which may be carried out in coordination with the Bank’s
Third-Party Monitoring Agent, and information sharing arrangements between the
Recipient’s Third-Party Monitoring Agent(s) and the Bank’s Third-Party
Monitoring Agent.
3. The Recipient shall not amend, suspend, or waive any provision of the Project
Operations Manual without the prior written concurrence of the Bank.
4. In the event of any inconsistency between the provisions of the Project Operations
Manual and those of this Agreement, the provisions of this Agreement shall
prevail.
C. Work Plan and Budget
1. The Recipient shall, not later than one month after the Signature Date, and
thereafter, on September 1, of each year during the implementation of the Project,
or such later date as the Bank may agree in writing, prepare and furnish to the Bank
for its approval, the Work Plan and Budget, covering activities to be implemented
under the Project for the subsequent twelve (12) months, a proposed financing plan
for expenditures required for such activities, and a timetable for their
implementation. The Work Plan and Budget shall be reviewed on a six-monthly
basis and updated as required and agreed by the Recipient and the Bank.
2. The Recipient shall afford the Bank a reasonable opportunity to exchange views
on such proposed Work Plan and Budget and thereafter ensure that the Project is
implemented in accordance with such Work Plan and Budget as shall have been
agreed to by the Recipient and the Bank.
3. The Recipient may revise the Work Plan and Budget, as needed, with the prior
written agreement of the Bank.
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D. Third-Party Monitoring
1. The Recipient shall maintain throughout Project implementation, the Recipient’s
Third-Party Monitoring Agent, with qualifications, experience and terms of
reference satisfactory to the Bank, to be financed out of the proceeds of the Grant,
to carry out the Recipient’s Third-Party Monitoring of the Project implementation.
2. Names and summary of the qualifications of the recommended entity/entities for
the contract of the Recipient’s Third-Party Monitoring Agent will be shared with
the Bank prior to contract award. The Bank shall have seven (7) days after the
receipt of the name and summary of the qualifications of the recommended
entity/entities to raise any concerns with the Recipient regarding the recommended
entity/entities.
3. The Recipient shall cause the Recipient’s Third-Party Monitoring Agent to prepare
a monitoring report quarterly, each covering a period of the preceding three (3)
months. The Recipient shall, after its review, and no later than twenty-one (21)
days after the receipt of a monitoring report, make available such monitoring report
to the Bank.
4. In the event that the Bank reasonably believes that a monitoring report submitted
pursuant to paragraph 3 above does not contain sufficient details regarding the
issues covered by the Recipient’s Third-Party Monitoring Agent’s terms of
reference, the Bank may request the Recipient to: (a) provide clarification(s) with
regard to the Recipient’s Third-Party Monitoring Agent’s report for matters within
the scope of the terms of reference; (b) furnish any additional reports, plans or
documents produced or relied upon by the Recipient’s Third-Party Monitoring
Agent in accordance with its terms of reference; and (c) afford a reasonable
opportunity to the Bank to request additional information from the Recipient for
matters within the scope of the Recipient’s Third-Party Monitoring Agent’s terms
of reference. The Recipient shall provide any additional reports, plans, documents
or information requested within a period of fourteen (14) days after the receipt of
the Bank’s request and shall ensure that representatives of the Recipient’s Third-
Party Monitoring Agent are available to discuss matters with the Recipient and the
Bank, if requested by the Bank.
E. Cash Transfers
For the purposes of Cash Transfers under Part 1.2(b) of the Project, the Recipient
shall provide Cash Transfers to Cash Transfer Beneficiaries in accordance with the
procedures, eligibility criteria, amount limits, and mechanisms set forth in the
Project Operations Manual.
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F. Anti-Corruption
1. The Recipient shall carry out the Project subject to the provisions of the Standard
Conditions and the following undertakings:
(a) The Recipient shall take all the appropriate measures, in accordance with its
accountability and oversight framework, to prevent corrupt, fraudulent, coercive
or collusive practices in connection with the use of the Grant.
(b) In the event that the Recipient or the Bank becomes aware of information that
indicates the need for further scrutiny of the implementation of the Project or any
expenditures under the proceeds of the Grant (including non-frivolous allegations
that corrupt, fraudulent, collusive or coercive practices were undertaken in relation
to any activity under the Project), the Recipient or the Bank, as the case may be,
shall promptly bring such information to the attention of the appropriate official
or officials of the other party, as designated from time to time by each party by
written notice to the other party.
(c) Without limitation to paragraph (b) above, the Recipient’s Office of Internal
Audit and Investigations (OIAI) shall periodically submit to the World Bank
Group’s Integrity Vice Presidency (INT) a statement confirming whether or
not, during the reporting period, the Recipient has received any non-
frivolous allegations referred to in paragraph (b) above, and a brief
description of any such allegations received. Any information provided
under this paragraph that is designated as such by the OIAI will be
considered confidential and will only be disseminated within the
organization on a strict “need to know” basis. Information that has
previously been provided to the Bank on an ad hoc basis under paragraph
(b) will not be considered confidential unless it was designated as such at
the time of initial disclosure, regardless of whether the same information is
duplicated in whole or in part in any report to be generated under this
paragraph. The Bank reserves the right to use confidential information in
furtherance of its own investigations under paragraph 4 of this Section I.F.
but will notify the Recipient in advance and, upon request, will consult with
the Recipient before doing so.
(d) Following consultation between the Recipient and the Bank, the Recipient will, to
the extent the information relates to actions within the authority or accountability
of the Recipient, take timely and appropriate action in accordance with its
accountability and oversight framework, including applicable regulations, rules,
and administrative instructions, to investigate this information. For greater clarity
on this matter, the Recipient and the Bank agree and acknowledge that the
Recipient has no authority over, and accordingly shall have no responsibility to
investigate, any government official or officials or consultants of the Bank.
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(e) To the extent such investigation confirms the allegations and to the extent that
remedial action is within the authority of the Recipient, the Recipient will take
timely and appropriate action in response to the findings of such investigation, in
accordance with the Recipient’s accountability and oversight framework,
including its regulations, rules, policies and procedures.
(f) To the extent consistent with the Recipient’s accountability and oversight
framework, including its regulations, rules, policies and procedures, it will keep
the Bank regularly informed by agreed means of actions taken pursuant to Section
I.F.1(e) immediately above, and the results of the implementation of such actions,
including where relevant, details of any recovery of funds or writing-off of losses.
The Recipient will use its best efforts, consistent with its regulations, rules,
policies and procedures, to recover any funds misused. The Recipient will, in
consultation with the Bank, credit any funds so recovered to the Bank or agree
with the Bank to use these funds for a purpose mutually agreed upon.
2. In the event that the Bank reasonably believes that timely and appropriate action has not
been taken by the Recipient under Section I.F.1 above, the Bank may request direct
consultations at a senior level between the Bank and the Recipient in order to obtain
assurances that the Recipient’s oversight and accountability mechanisms have been and
are being fully applied in connection with such allegations. The Recipient and the Bank
take note of the relevant provisions of the United Nations Financial Regulations and
Rules and the Recipient’s corresponding relevant provisions in its Financial Regulations
and Rules.
3. The Bank may, following consultation with the Recipient, by notice to the Recipient,
suspend the right of the Recipient to make further withdrawals of the proceeds of the
Grant if the Bank reasonably believes the actions taken by the Recipient under
Section I.F.1 above have not been sufficient to fulfill its fiduciary obligation with respect
to the Grant.
4. The Bank has the right and authority, pursuant to the Anti-Corruption Guidelines,
to investigate allegations or other information relating to possible corrupt,
fraudulent, coercive, or collusive practices (as defined in Section I.F.7 below) by
any third party, and to sanction any such third party which the Bank has determined
to have engaged in such practices; provided, however, that in this Section, “third
party” does not include the Recipient. To the extent consistent with the Recipient’s
oversight framework, including its regulations, rules, policies and procedures, and
if requested by the Bank, the Recipient shall cooperate with the Bank in the
conduct of such investigations. The specific terms of such cooperation shall be
agreed-upon between the Bank’s and the Recipient's investigative offices on a
case-by-case basis; shall give due consideration to the safety, security, and
confidentiality of any involved individual(s); and may include, but not be limited
to, providing evidence obtained during the Recipient’s own investigations
conducted pursuant to paragraph 1(d) of this Section.
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5. Without limitation to the provisions of paragraph F.1 of this Section, the Bank
retains the right to conduct an investigation in connection with the information
referred to in paragraph F.1(b) of this Section and any information provided to the
Recipient regarding allegations of corrupt, fraudulent, coercive, or collusive
practice in connection with the bidding process, the award, or implementation of
any contract to be or being financed out of the proceeds of the Grant, except that
the Bank may not investigate the Recipient or another United Nations agency. In
all such investigations, the Recipient agrees to facilitate such investigations.
6. (a) The Recipient will require any third-party commercial entity with which it
has a long-term arrangement or to which it intends to issue a purchase order,
or a contract financed with the proceeds of the Grant to disclose to the
Recipient whether it is subject to any sanction or temporary suspension
imposed by any organization within the World Bank Group. The Recipient
will give due regard to such sanctions and temporary suspensions, as
disclosed to it when issuing contracts during Project implementation.
(b) If the Recipient intends to issue a contract in connection with the Project
with a party that has disclosed to the Recipient that it is under sanction or
temporary suspension by the World Bank Group, the following procedure
will apply: (i) the Recipient will so inform the Bank, before signing such
contract; (ii) the Bank then may request direct consultations at a senior
level, if required, between the Bank and the Recipient to discuss the
Recipient’s decision; and (iii) if after such consultation, the Recipient elects
to proceed with the issuance of the contract, the Bank may inform the
Recipient by notice, that the proceeds of the Grant may not be used to fund
such contract.
(c) Any portion of the proceeds of the Grant received by the Recipient under
this Agreement that may have been used to fund a contract in respect of
which the World Bank Group has exercised its right under paragraph
6(b)(iii) immediately above, shall be used to defray the amounts requested
by the Recipient in any subsequent Withdrawal Application, if any, or will
be treated as a balance in favor of the Recipient in the calculation of the
final balances prior to the Closing Date.
7. For the purposes of the provisions of this Section I.F, the following definitions of
sanctionable practices shall apply:
(a) “corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of
another party;
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(b) “fraudulent practice” is any act or omission, including misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain financial or other benefit or to avoid an obligation;
(c) “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence improperly
the actions of another party; and
(d) “coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party.
G. Environmental and Social Standards
1. The Recipient shall ensure that the Project is carried out in accordance with the
Environmental and Social Standards, in a manner acceptable to the Bank.
2. Without limitation upon paragraph 1 above, the Recipient shall ensure that the
Project is implemented in accordance with the Environmental and Social
Commitment Plan (“ESCP”), in a manner acceptable to the Bank. To this end, the
Recipient shall ensure that:
(a) the measures and actions specified in the ESCP are implemented with due
diligence and efficiency, as provided in the ESCP;
(b) sufficient funds from the Grant are available to cover the costs of
implementing the ESCP;
(c) policies and procedures are maintained, and qualified and experienced
staff in adequate numbers are retained to implement the ESCP, as provided
in the ESCP; and
(d) the ESCP, or any provision thereof, is not amended, repealed, suspended
or waived, except as the Bank shall otherwise agree in writing, as specified
in the ESCP, and ensure that the revised ESCP is disclosed promptly
thereafter.
3. In case of any inconsistencies between the ESCP and the provisions of this
Agreement, the provisions of this Agreement shall prevail.
4. The Recipient shall ensure that:
(a) all measures necessary are taken to collect, compile, and furnish to the
Bank through regular reports, with the frequency specified in the ESCP,
and promptly in a separate report or reports, if so requested by the Bank,
information on the status of compliance with the ESCP and the
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environmental and social instruments referred to therein, all such reports
in form and substance acceptable to the Bank, setting out, inter alia: (i) the
status of implementation of the ESCP; (ii) conditions, if any, which
interfere or threaten to interfere with the implementation of the ESCP; and
(iii) corrective and preventive measures taken or required to be taken to
address such conditions; and
(b) the Bank is promptly notified of any incident or accident related to or
having an impact on the Project which has, or is likely to have, a significant
adverse effect on the environment, the affected communities, the public or
workers, including sexual exploitation and abuse, sexual harassment, and
violence against minors, in accordance with the ESCP, the environmental
and social instruments referenced therein and the Environmental and
Social Standards.
5. The Recipient shall establish, publicize, maintain and operate an accessible
grievance mechanism, to receive and facilitate resolution of concerns and
grievances of Project-affected people, and take all measures necessary and
appropriate to resolve, or facilitate the resolution of, such concerns and grievances,
in a manner acceptable to the Bank.
6. The Recipient shall ensure that all bidding documents and contracts for civil works
under the Project include the obligation of contractors, subcontractors, and
supervising entities to: (a) comply with the relevant aspects of ESCP and the
environmental and social instruments referred to therein; and (b) adopt and enforce
codes of conduct that should be provided to and signed by all workers, detailing
measures to address environmental, social, health and safety risks, and the risks of
sexual exploitation and abuse, sexual harassment and violence against children, all
as applicable to such civil works commissioned or carried out pursuant to said
contracts.
7. (a) Without limitation to the reporting requirements of this Section, the Bank
may request the Recipient to provide, in accordance with the ESCP:
i. reports from and/or contracts/agreements with contractors and/or
Implementing Partners relevant to the implementation of the
Environmental and Social Standards for the Project;
ii. assessments of the capacity of Implementing Partners to implement
the Environmental and Social Standards for the Project and any
capacity enhancement measures.
(b) If the Bank determines that the status of compliance with the ESCP and
the environmental and social instruments referred to therein cannot be
established based on the information provided, it may request direct
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consultations at a senior level between the Bank and the Recipient to
discuss the matter.
Section II. Project Monitoring, Reporting and Evaluation
A. Project Reports
1. The Recipient shall ensure that each Project Report is furnished to the Bank not
later than forty-five (45) days after the end of each calendar quadrimester, covering
the quadrimester. The Recipient shall ensure that each Project Report contains,
among others, any update on the implementation of the activities under the
Procurement Plan.
2. Except as may otherwise be explicitly required or permitted under this Agreement
or as may be explicitly requested by the Bank, in sharing any information, report
or document related to the activities described in Schedule 1 of this Agreement,
the Recipient shall ensure that such information, report or document does not
include Personal Data.
B. Financial Management; Financial Reports; Audits
1. The Recipient shall maintain or cause to be maintained a financial management
system, including records and accounts, adequate to reflect the transactions related
to the Project, in accordance with the applicable policies, procedures, and guidance
provided in the Financial Regulations and Rules. In accordance with Article 10 of
the FMFA, the Recipient shall notify the Bank of any changes to these Financial
Regulations and Rules that occur after the signing of this Agreement within thirty
(30) days of their effective date and shall make them available on the Recipient’s
external website.
2. The Recipient shall maintain records (“Ledger Account”) and accounts that
provide a complete, true, and faithful record of all the expenditures from the
proceeds of the Grant and of all the expenditures paid from such proceeds and in a
manner that allows for the clear and separate identification of activities financed
by the Bank.
3. The Recipient will prepare periodic financial statements in accordance with its
Financial Regulations and Rules and accounting standards acceptable to the Bank.
The financial statements will be submitted to the Bank in accordance with the
provisions of Section II (Financial Reports and Audits) of the Disbursement and
Financial Information Letter referred to in Section IV.A. of this Schedule.
4. The Recipient shall ensure that the audit of the Project is: (a) carried out
exclusively by the UN Board of Auditors in accordance with Article XIV of the
Financial Regulations and Rules; and (b) governed by the Financial Management
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Framework Agreement. In addition, if agreed by the Recipient and the Bank, the
Recipient will carry out any additional due diligence activities as agreed by the
Recipient and the Bank in separate terms of reference.
C. Documents; Records
The Recipient shall ensure that:
(a) all records evidencing expenditures under the Project are retained for
seven (7) years and six (6) months after the Closing Date, or pursuant to
the standard practice of the Recipient, whichever is longer, such records
to include: (i) this Agreement, all addenda thereof, and any amendments
thereto; (ii) the Recipient’s financial and narrative progress reports
submitted to the Bank; (iii) the Recipient’s financial information related
to the Grant, including audit reports, invoices and payroll records; (iv) the
Recipient’s implementation documentation (including sub-agreements,
procurement files, contracts, purchase orders); and (v) the corresponding
supporting evidence referred to in Section 3.04 of the Standard Conditions;
and
(b) in accordance with procedures detailed in the POM, the representatives of
the Bank are: (i) able to examine the records referred to above in paragraph
(a); (ii) provided information concerning such records as they may from
time-to-time reasonably request; and (iii) able to disclose such records and
information to the Donor(s).
Section III. Procurement
1. All goods, works, non-consulting services and consulting services required for the
Project and to be financed out of the proceeds of the Grant shall:
(a) be procured in accordance with the applicable procurement policies,
procedures, regulations and practices of the Recipient, as such
procurement policies, procedures, regulations and practices have been
assessed and found to be acceptable by the Bank, and the Procurement
Plan; and
(b) not commence to be procured until a Procurement Plan, including any
applicable update thereto, has been agreed with the Bank in accordance
with paragraph 2 of this Section.
2. By the Signature Date, the Recipient shall prepare and furnish to the Bank for
review a Procurement Plan, prepared in accordance with terms of reference
satisfactory to the Bank, and thereafter, implement the Project in accordance with
such Procurement Plan as shall have been agreed with the Bank. If any update is
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necessary to the Procurement Plan, the Recipient and the Bank shall agree on such
an updated Procurement Plan.
3. If the Bank determines that the procurement policies, procedures, regulations, or
practices of the Recipient have been modified, suspended, or waived in such a
manner that they are no longer acceptable to the Bank, the Bank may, in addition
to the Bank’s rights under the Agreement, revoke the procurement provisions set
out in paragraph 1 of this Section III.
Section IV. Withdrawal of Grant Proceeds
A. General
The Recipient may withdraw the proceeds of the Grant in accordance with the
provisions of: (a) Article III of the Standard Conditions; (b) this Section; and
(c) Disbursement and Financial Information Letter; to finance Eligible
Expenditures in the amount allocated and, if applicable, up to the percentage set
forth against each Category of the following table.
Category Amount of the Percentage of
Grant Allocated Expenditures to be
(expressed in Financed
USD) (inclusive of Taxes)
(1) Goods, works, non-consulting 24,038,462 100%
services, consulting services,
Community-Based Education Teacher
Salaries, Training, Cash Transfers, and
Operating Costs for Parts 1.1, 1.2(b),
1.2(c),1.4, 2.1, 2.2, 2.3, 2.4, and 3 of
the Project
(2) Indirect Costs (4%) under Part 3 of 961,538 100%
the Project
TOTAL AMOUNT 25,000,000
B. Withdrawal Conditions; Withdrawal Period
1. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be
made:
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(a) for payments made prior to the Signature Date, except that withdrawals up
to an aggregate amount not to exceed $8,750,000 may be made for
payments made prior to this date but on or after December 19, 2023, for
Eligible Expenditures under Category (1). No withdrawal shall be made
for retroactive financing under this paragraph (a) under Category (1)
unless the Recipient has submitted a due diligence report on the
compliance of such Eligible Expenditures with the ESSs, satisfactory to
the Bank, including a timebound corrective action plan to ensure
compliance with the ESSs, as applicable; or
(b) for the purpose of any payment to persons or entities, or for any import of
goods, if such payment or import, to the Bank’s knowledge, is prohibited
by a decision of the United Nations Security Council taken under Chapter
VII of the Charter of the United Nations.
2. Without prejudice to any other provision of this Agreement, the Recipient further
undertakes that no Grant proceeds or resources may be used for law-enforcement,
security, military, or paramilitary purposes or for any payments made to any law-
enforcement, security, military, or paramilitary forces without the Bank’s express
approval.
3. All withdrawals shall be made on the basis of the interim unaudited financial report
referred to in Section II.B.3 of this Schedule and under such other terms and
conditions as the Bank shall specify by notice to the Recipient contained in the
Disbursement and Financial Information Letter addressed or to be addressed by
the Bank to the Recipient for purpose of the Grant.
4. Without prejudice to the provisions of Section 4.05 of the Standard Conditions
(Grant Refund), in the event that the Bank requests a refund of any portion of the
proceeds of the Grant that has been used in a manner inconsistent with the
provisions of this Agreement, the Bank and the Recipient will adopt the procedures
set forth in paragraph 9 of the FMFA.
5. It is understood that the Recipient shall not be responsible for and shall have no
obligation, to initiate or continue implementation of the pertinent activities under
the Project unless the proceeds of the Grant allocated to such activities have been
made available to the Recipient.
6. The Closing Date is December 31, 2026.
Section V. Other Undertakings
1. In undertaking its obligations under the Project and this Agreement, the Recipient
shall process Personal Data in accordance with its policies, procedures, regulations
and practices. In particular, the Recipient shall ensure that Personal Data shall:
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a. only be processed on one or more legitimate bases, as defined by its
policies, procedures, regulations and practices;
b. be processed only for purposes specified in the Project, which are
consistent with the Recipient’s mandate;
c. when processed, be confined to that which is relevant, limited and
adequate to what is necessary in relation to the purposes specified above;
d. only be retained for the time that is necessary to achieve the purposes
specified above;
e. be accurate and, where necessary, up to date to fulfill the purposes
specified above;
f. be processed with transparency to individuals; and
g. be processed with due regard to confidentiality.
2. The Recipient shall adopt appropriate organizational, administrative, physical and
technical safeguards and procedures in order to protect the security of Personal
Data, including against or from accidental or unauthorized destruction, loss,
alteration, disclosure, access, or unplanned loss of availability.
3. The Recipient may only transfer Personal Data to a third party if, under the
circumstances, the Recipient determines in accordance with the foregoing
paragraphs 1 and 2, above, that there is a legitimate basis for such transfer. The
principles of the Recipient’s policies, procedures, regulations and practices apply
equally to the processing and transfer of Personal Data.
4. Without limitation upon any other provisions of this Agreement, the Recipient and
the Bank will agree on any safeguards required in order to protect the Personal
Data collected, disclosed and/or processed under the Project. The Recipient may
only transfer Personal Data to a third party if, under the circumstances, it is
satisfied that such third party affords protection for the Personal Data on terms no
less favorable than the Recipient does under this Project.
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SCHEDULE 3
AMENDMENT TO THE ORIGINAL GRANT AGREEMENT FOR ARTF
GRANT TF0B0407
1. Article I: Section 1.02(d) of the Original Grant Agreement is hereby deleted in its
entirety and replaced by Section 1.02(d) of this Agreement.
2. SCHEDULE 1
Schedule 1 to the Original Grant Agreement (Project Description) is hereby
deleted in its entirety and replaced by Schedule 1 to this Agreement (Project
Description).
3. SCHEDULE 2
(a) Section I.A.2 of Schedule 2 to the Original Grant Agreement is hereby deleted in
its entirely and replaced by Section I.A.2 of Schedule 2 to this Agreement.
(b) Section I.A.3 of Schedule 2 to the Original Grant Agreement is hereby deleted in
its entirety.
(c) Section I.B.1 of Schedule 2 to the Original Grant Agreement (Project Operations
Manual) is hereby deleted in its entirety and replaced, mutatis mutandis, by Section
I.B.1 of Schedule 2 to this Agreement.
(d) Sections I.D (Third-Party Monitoring) and I.G (Environmental and Social
Standards) of Schedule 2 to the Original Grant Agreement are hereby deleted in
their entirety and replaced, mutatis mutandis, by Sections I.D (Third-Party
Monitoring) and I.G (Environmental and Social Standards) of Schedule 2 to this
Agreement, respectively.
(e) Section I.E of Schedule 2 to the Original Grant Agreement ( Block Grants and
Labelled Cash Transfers) is hereby amended to read in full as follows:
“E. Block Grants and Labelled Cash Transfers
1. For the purposes of Part 1.2(a) and 1.3 of the Project, the Recipient shall
provide Block Grants to Block Grants Service Providers, and Labeled Cash
Transfers to Eligible Households, respectively, all in accordance with the
procedures, eligibility criteria, amount limits, and mechanisms set forth in the
Project Operations Manual.
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(f) Section I.F of the Schedule 2 to the Original Grant Agreement (Anti-Corruption
Guidelines) is hereby deleted in its entirety and replaced by Section I.F of Schedule
2 to this Agreement (Anti-Corruption).
(g) Section II.A of Schedule 2 to the Original Grant Agreement is hereby deleted in
its entirety and replaced, mutatis mutandis, by Section II.A of Schedule 2 to this
Agreement.
(h) The disbursement table set out in Section IV.A.1 of Schedule 2 to the Original
Grant Agreement is hereby amended to read in full as follows:
Category Amount of the Percentage of
Grant Allocated Expenditures to
(expressed in be Financed
USD) (inclusive of
Taxes)
(1) Goods, works, non-consulting services, 77,754,000 100%
consulting services, Training, and Operating
Costs for Parts 1.1, 1.2(b), 1.2(c), 1.4, 2,
and 3 of the Project (except Community-
Based Education Teacher Salaries)
(2) Community-Based Education Teacher 6,900,000 100%
Salaries under Part 1.1 of the Project
(3) Block Grants under Part 1.2(a) of the 7,000,000 100%
Project
(4) Indirect Costs (4%) under Part 3 of the 3,846,000 100%
Project
(5) Labeled Cash Transfers for Part 1.3 of 4,500,000 100%
the Project
TOTAL AMOUNT 100,000,000
(i) Section IV.B.1(b) of Schedule 2 to the Original Grant Agreement is deleted in its
entirety and the remaining paragraph in Section IV.B.1 is renumbered accordingly.
(j) Section IV.B.6 of Schedule 2 to the Original Grant Agreement (Withdrawal
Period) is hereby amended in its entirety to read in full as follows:
“6. The Closing Date is December 31, 2026.”
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4. The name “Afghanistan Reconstruction Trust Fund” wherever used in the Original
Grant Agreement is hereby replaced by the name “Afghanistan Resilience Trust
Fund.”
5. The Appendix to the Original Grant Agreement (Definitions; Modifications to the
Standard Conditions) is hereby deleted in its entirely and replaced, mutatis
mutandis, by the Appendix to this Agreement.
All other provisions of the Original Grant Agreement, except as herein amended, shall
remain in full force and effect.
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APPENDIX
Section I. Definitions
1. “Alternative Procurement Arrangements” means the procurement arrangements
set forth in Section III of Schedule 2 to this Agreement, as permitted by the Bank’s
Procurement Regulations for IPF Borrowers, dated September 2023.
2. “Anti-Corruption Guidelines” means the “Guidelines on Preventing and
Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA
Credits and Grants”, dated October 15, 2006, and revised in January 2011, and as
of July 1, 2016.
3. “Bank’s Third-Party Monitoring” means monitoring activities of the Project
(including, inter alia, periodic site visits, assessment of local context and
conditions, interviews, awareness raising, and preparation of reports) to be carried
out by the Bank’s Third-Party Monitoring Agent, with the purpose of carrying out
satisfactory monitoring and evaluation of the activities under the Project.
4. “Bank’s Third-Party Monitoring Agent” means the firm(s) or organization(s), with
internationally recognized expertise in monitoring and evaluation of development
projects, including for financial management, procurement, and social and
environmental safeguards aspects of such development projects, engaged by the
Bank for carrying out the Bank’s Third-Party Monitoring in accordance with this
Agreement.
5. “Block Grant” means a grant to a Block Grant Service Provider in accordance with
the provisions of Section I.E of Schedule 2 to the Original Grant Agreement and
the requirements of the Project Operations Manual; “Block Grants” means more
than one such Block Grant.
6. “Block Grants Service Provider” means a non-governmental organization or a
private entity that has been determined as eligible to receive a Block Grant in
accordance with the provisions of Section I.E of Schedule 2 to the Original Grant
Agreement and the requirements of the Project Operations Manual; “Block Grants
Service Providers” means more than one such Block Grants Service Provider.
7. “Cash Transfer” means a cash payment to be provided to a Cash Transfer
Beneficiary under Part 1.2(b) of the Project in accordance with the provisions of
the Project Operations Manual.
8. “Cash Transfer Beneficiary” means any person selected in accordance with the
eligibility criteria and procedures set out in the Project Operations Manual to
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receive a Cash Transfer under Part 1.2(b) of the Project; and “Cash Transfer
Beneficiaries” means more than one such Cash Transfer Beneficiary.
9. “Category” means a category set forth in the table in Section IV.A of Schedule 2
to this Agreement.
10. “Community-Based Education” or “CBE” is an outreach program of the formal
education system, undertaken jointly by the communities, delivered primarily
through facilitating partners to provide education opportunities in remote rural
areas for students who are unable to attend formal schools due to, inter alia, lack
or long distances to schools, insecurity or other reasons.
11. “Community-Based Education Teacher Salaries” means the salaries of CBE
teachers supported under Part 1.1 of the Project.
12. “Eligible Households” means the households with at least one adolescent girl
between the ages of 12-17, selected in accordance with the eligibility criteria, terms
and conditions, and procedures set out in the POM to receive a Labeled Cash
Transfer under Part 1.3 of the Project.
13. “Entry Criteria for Access” means the criteria required to have been met for the
purpose of the Project to ensure: (i) primary schools are formally open for both
female and male students and teachers; and (ii) no significant formal changes are
made to the general education curriculum, as such criteria are further set out in the
Project Operations Manual.
14. “Environmental and Social Commitment Plan” or “ESCP” means the
environmental and social commitment plan for the Project, dated November 6,
2024, as the same may be amended from time to time in accordance with the
provisions thereof, which sets out the material measures and actions that the
Recipient shall carry out or cause to be carried out to address the potential
environmental and social risks and impacts of the Project, including the timeframes
of the actions and measures, institutional, staffing, training, monitoring and
reporting arrangements, and any environmental and social instruments to be
prepared thereunder.
15. “Environmental and Social Standards” or “ESSs” means, collectively: (i)
“Environmental and Social Standard 1: Assessment and Management of
Environmental and Social Risks and Impacts”; (ii) “Environmental and Social
Standard 2: Labor and Working Conditions”; (iii) “Environmental and Social
Standard 3: Resource Efficiency and Pollution Prevention and Management”; (iv)
“Environmental and Social Standard 4: Community Health and Safety”; (v)
“Environmental and Social Standard 5: Land Acquisition, Restrictions on Land
Use and Involuntary Resettlement”; (vi) “Environmental and Social Standard 6:
Biodiversity Conservation and Sustainable Management of Living Natural
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Resources”; (vii) “Environmental and Social Standard 7: Indigenous Peoples/Sub-
Saharan African Historically Underserved Traditional Local Communities”; (viii)
“Environmental and Social Standard 8: Cultural Heritage”; (ix) “Environmental
and Social Standard 9: Financial Intermediaries”; (x) “Environmental and Social
Standard 10: Stakeholder Engagement and Information Disclosure”; effective on
October 1, 2018, as published by the Bank.
16. “Financing Agreement” means the financing agreement for the Project between
the Recipient and the Bank dated the same date as this Agreement, as such
financing agreement may be amended from time to time. “Financing Agreement”
includes all appendices, schedules and agreements supplemental to the Financing
Agreement.
17. “Financial Management Framework Agreement” or “FMFA” means the Financial
Management Framework Agreement between the World Bank and the United
Nations, to which UNICEF is a co-signatory pursuant to the letter it signed on
November 4, 2016. For purposes of the FMFA, the “World Bank” means the Bank
and the International Bank for Reconstruction and Development.
18. “Financial Regulations and Rules” means Recipient’s financial management
regulations and rules entitled as “the United Nations Children’s Fund Financial
Regulations and Rules E/ICEF/2011/AB/L.8.
19. “Food Expenditure” means the reasonable cost of food incurred by the Recipient
relating to provision of school feeding under Part 2.5 of the Project, as further set
out in detail in the Project Operations Manual.
20. “Home-Grown School Feeding” means a school feeding model designed to
provide children in schools with safe, diverse, and nutritious foods, sourced locally
and domestically.
21. “Hub School” means a public school, which serves as a primary school for more
than one village and includes Community Based Education schools as its registered
extensions.
22. “Implementing Partner” means a legal entity, other than a government entity, with
which the Recipient has concluded a partnership agreement related to Project
implementation; and “Implementing Partners” means more than one such
Implementing Partner.
23. “Indirect Costs” means the indirect costs incurred by the Recipient as a function
and in support of the Project, which cannot be traced unequivocally to the
deliverables and technical output of the Project, and which is up to four per cent
(4%) of the total Grant received by the Recipient.
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24. “Labeled Cash Transfers” means the cash transfers to be provided to selected
Eligible Households under Part 1.3 of the Project, in accordance with the eligibility
criteria and procedures set out in the POM.
25. “Multiple Indicator Cluster Survey” means a survey to be conducted by the
Recipient under Part 3 of the Project to assess the situation of Afghan children,
women and men in the areas of education, health and child protection; “Multiple
Indicator Cluster Surveys” means more than one such Multiple Indicator Cluster
Survey.
26. “Operating Costs” means the reasonable incremental costs incurred on account of
the implementation, management, and monitoring of the Project, including office
supplies, office space rental, equipment maintenance and repair, vehicle operation
and maintenance, utilities, communication charges, mass media and printing
services, translation, and interpretation charges, bank charges, charges for
transporting cash into the country, travel and lodging allowances, per diems,
incremental salaries of contracted employees, but excluding salaries and
allowances of the Member Country’s civil service.
27. “Original Grant Agreement” means the grant agreement dated September 13,
2022, between UNICEF and the Bank, as administrator of the ARTF (Grant
No. TF0B9497) in support of the Emergency Education Response Project, as such
agreement may be amended from time to time.
28. “Original Project” means the Emergency Education Response Project as set out in
the Original Grant Agreement.
29. “Personal Data” means any information relating to an identified or identifiable
individual. An identifiable individual is one who can be identified by reasonable
means, directly or indirectly, by reference to an attribute or combination of
attributes within the data, or combination of the data with other information.
Attributes that can be used to identify an identifiable individual include, but are
not limited to, name, identification number, location data, online identifier,
metadata and factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identify of an individual.
30. “Project Operations Manual” or “POM” means the manual adopted by the
Recipient setting forth detailed arrangements and procedures for the
implementation of the Project, as the same manual may be amended from time to
time with written prior approval of the Bank.
31. “Recipient’s Third-Party Monitoring” means the Project monitoring activities of
the Recipient (including inter alia periodic site visits, assessment of local context
and conditions in target locations across the country, key informant interviews,
awareness raising, training and preparation of reports which form an integral part
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of the Recipient’s monitoring system) to be carried out by the Recipient’s Third -
Party Monitoring Agent(s) for the purpose of carrying out satisfactory monitoring
and evaluation of the activities of the Project, in accordance with the terms of
reference acceptable to the Bank.
32. “Recipient’s Third-Party Monitoring Agent” means any firm or organization
engaged by the Recipient, under terms of reference and qualifications acceptable
to the Bank, and to be financed out of the proceeds of the Grant, for carrying out
Recipient’s Third-Party Monitoring of the Project.
33. “Selected Districts” means the districts in Afghanistan selected by the Recipient in
accordance with selection criteria set out in the Project Operations Manual.
34. “Selected Subjects” means the subjects to be selected by the Recipient for the
distance learning activities under Part 1.2(c) of the Project in accordance with the
provisions of the Project Operations Manual.
35. “Signature Date” means the later of the two dates on which the Recipient and the
Bank signed this Agreement and such definition applies to all references to “the
date of the Grant Agreement” in the Standard Conditions.
36. “Standard Conditions” means the “International Bank for Reconstruction and
Development and International Development Association Standard Conditions for
Grant Financing Made by the Bank out of Trust Funds”, dated February 25, 2019,
with the modifications set forth in Section II of this Appendix.
37. “Training” means the costs associated with training of personnel, teachers,
supervisors, and managers involved in activities under the Project, based on the
Work Plan and Budget, such terms including seminars, workshops, and associated
travel and subsistence costs for training participants, costs associated with securing
the services of trainers, rental of training facilities, per diems for trainers and
teachers, preparation and reproduction of training materials, and other costs
directly related to training preparation and implementation of the training.
38. “Work Plan and Budget” means each work plan and budget for the Project
prepared by the Recipient and approved by the Bank pursuant to Section I.C of
Schedule 2 to this Agreement.
39. “World Bank Group” means the Bank, the International Bank for Reconstruction
and Development, the International Finance Corporation, the International Centre
for Settlement of Investment Disputes, and the Multilateral Investment Guarantee
Agency.
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Section II. Modifications to the Standard Conditions
The Standard Conditions are modified as follows:
1. Modifications to Article II: Sections 2.05 (Plans, Document, Records), 2.07
(Financial Management; Financial Statements; Audits), 2.11 (Procurement), and
2.12 (Anti-Corruption) are deleted in their entirety and the remaining Sections
2.06, 2.08, 2.09, and 2.10 are renumbered respectively as Sections 2.05, 2.06, 2.07,
and 2.08.
2. Modifications to Article V: Section 5.01 (Enforceability), of Article V is
modified as follows:
“Enforceability. The rights and obligations of the Recipient and the Bank under
the Grant Agreement shall be valid and enforceable in accordance with their terms
notwithstanding the law of any state or political subdivision thereof to the contrary.
Neither the Recipient nor the Bank shall be entitled in any proceeding under this
Article to assert any claim that any provision of the Grant Agreement is invalid or
unenforceable because of any provision of the Articles of Agreement of the Bank,
or the constitutive documents of the Recipient.”
3. Section 5.03 (Arbitration) of Article V is deleted and replaced with the provisions
of Section 21 of the FMFA.
4. Paragraphs 2 (“Anti-Corruption Guidelines”), 12 (“Financial Statements”), 20
(“Procurement Regulations”), and 27 (“Umpire”) in the Appendix (Definitions)
are, respectively, deleted in their entirety and the subsequent paragraphs are
renumbered accordingly.
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