DFFICIL
CREDIT NUMBER 800 NIR
Development Credit Agreement(Forestry Project)
between
REPUBLIC OF NIGER
and
INTERNATIONAL DEVELOPMENT ASSOCIATION
Dated , 1978
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DEVELOPMENT CREDIT AGREEMENT
AGREEMENT, dated , 1978, between REPUBLIC
OF NIGER (hereinafter called the Borrower) and INTERNATIONAL
DEVELOPMENT ASSOCIATION (hereinafter called the Association).
ARTICLE I
General Conditions; Definitions
Section 1.01. The parties to this Agreement accept all the
provisions of the General Conditions Applicable to Development
Credit Agreements of the Association, dated March 15, 1974, with
the same force and effect as if they were fully set forth herein
(said General Conditions Applicable to Development Credit Agree-
ments of the Association being hereinafter called the General
Conditions).
Section 1.02. Wherever used in this Agreement, unless the
context otherwise requires, the several terms defined in the
General Conditions have the respective meanings therein set forth
and the following additional terms have the following meanings:
(a) "Ministry" means the Ministry of the Borrower respon-
sible for rural development;
(b) "Department" means the Forestry Department of the
Ministry;
(c) "Special Account" means the account referred to in
Section 2.02 of this Agreement; and
(d) "Project Unit" means the Unit described in Section
3.02 (b) of this Agreement.
ARTICLE II
The Credit 0
Section 2.01. The Association agrees to lend to the Borrower,
on the terms and conditions in the Development Credit Agreement
set forth or referred to, an amount in various currencies equiva-
lent to four million five hundred thousand dollars ($4,500,000).
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Section 2.02. (a) The amount of the Credit may be withdrawn
from the Credit Account in accordance with the provisions of this
Section and of Schedule 1 to this Agreement, as such Schedule may
be amended from time to time by agreement between the Borrower and
the Association, for expenditures made (or, if the Association
shall so agree, to be made) in respect of the reasonable cost of
goods and services required for the Project and to be financed out
of the proceeds of the Credit.
(b) The Association shall, promptly after the Effective
Date, withdraw on behalf of the Borrower from the Credit Account
and deposit in the Special Account referred to in paragraph (f) of
this Section an initial amount in the currency of the Borrower not
exceeding $200,0O0 equivalent and shall thereafter, at the request
of the Borrower, further withdraw from the Credit Account and
deposit in the Special Account such amounts as shall be required
to reimburse the Borrower for payments made out of the Special
Account for expenditures for the Project eligible for financing
under the Development Credit Agreement, but only to the extent
that the amount of any such deposit, together with any amount on
deposit in the Special Account as of the date of such request,
shall not exceed in the aggregate the equivalent of $200,000.
(c) Notwithstanding the foregoing no further deposit shall
be made to the Special Account when the total amount theretofore
withdrawn from the Credit Account pursuant to paragraphs (a) and
(b) of this Section, together with the amount of any special
commitment entered into by the Association pursuant to Section
5.02 of the General Conditions shall have reached in the aggregate
the equivalent of $4,300,000.
(d) The Borrower shall be entitled to withdraw from the
Credit Account pursuant to the provisions of paragraph (a) of
this Section the unwithdrawn amount of the Credit in excess of
$4,300,000 only to the extent that the Association shall have
been satisfied that payments were made by the Borrower out of
the Special Account for expenditures eligible for financing by
withdrawal from the Credit Account.
(e) If the Association shall have determined that payments
have been made by the Borrower out of the Special Account for
expenditures not eligible for financing by withdrawal from the
Credit Account, the Borrower shall, upon notice from the Associ-
ation, deposit in the Special Account an amount equal to the
amount of such payments.
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(f) The Borrower shall, for the purposes of the Project,
open the Special Account in the Development Bank of the Republic
of Niger at Niamey on terms and conditions satisfactory to the
Association.
Section 2.03. Except as the Association shall otherwise
agree, procurement of the goods and civil works to be financed out
of the proceeds of the Credit, shall be governed by the provisions
of Schedule 3 to this Agreement.
Section 2.04. The Closing Date shall be December 31, 1981
or such later date as the Association shall establish. The
Association shall promptly notify the Borrower of such later
"kt date.
Section 2.05. The Borrower shall pay to the Association
a service charge at the rate of three-fourths of one per cent
(3/4 of 1%) per annum on the principal amount of the Credit
withdrawn and outstanding from time to time.
Section 2.06. Service charges shall be payable semiannually
on January 15 and July 15 in each year.
Section 2.07. The Borrower shall repay the principal amount
of the Credit in semiannual installments payable on each
January 15 and July 15 commencing July 15, 1988, and ending
January 15, 2028, each installment to and including the install-
ment payable on January 15, 1998, to be one-half of one per cent
(1/2 of 1%) of such principal amount, and each installment there-
after to be one and one-half per cent (1-1/2%) of such principal
amount.
Section 2.08. The currency of the French Republic is hereby
specified for the purposes of Section 4.02 of the General Condi-
tions.
ARTICLE III
Execution of the Project
Section 3.01. The Borrower shall carry out the Project
through the Ministry with due diligence and efficiency and in
conformity with appropriate administrative, financial and agricul-
tural practices, and shall provide, promptly as needed, the funds,
facilities, services and other resources required for the purpose.
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Section 3.02. (a) In order to assist the Borrower in carrying
out the Project, the Borrower shall employ such consultants and
other experts, whose qualifications, experience and terms and
conditions of employment shall be satisfactory to the Borrower and
the Association.*
(b) In order to assist in the planning, management and
monitoring of the execution of the Project, the Borrower shall
establish a Project Unit with terms of reference satisfactory to
the Borrower and the Association.
Section 3.03. (a) The Borrower undertakes to insure, or make
adequate provision for the insurance of, the imported goods to be
financed out of the proceeds of the Credit against hazards
incident to the acquisition, transportation and delivery thereof
to the place of use or installation, and for s-uch insurance any
indemnity shall be payable in a currency freely usable by the
Borrower to replace or repair such goods.
(b) Except as the Association shall otherwise agree, all
goods and services financed out of the proceeds of the Credit
shall be used exclusively for the Project until its completion.
Section 3.04. (a) The Borrower shall furnish to the Associa-
tion, promptly upon their preparation, the plans, specifications,
reports, contract documents and construction and procurement
schedules for the Project, and any material modifications thereof
or additions thereto, in such detail as the Association shall
reasonably request.
(b) The Borrower: (i) shall maintain records and procedures
adequate to record and monitor the progress of the Project
(including its cost and the benefits to be derived from it), to
identify the goods and services financed out of the proceeds of
the Credit, and to disclose their use in the Project; (ii) shall
enable the Association's accredited representatives to visit the
facilities and construction sites included in the Project and to
examine the goods financed out cf the proceeds of the Credit and
any relevant records and documents; and (iii) shall furnish to the
Association at regular intervals all such information as the
Association shall reasonably request concerning the Project, its
cost and, where appropriate, the benefits to be derived from it,
the expenditure of the proceeds of the Credit and the goods and
services financed out of such proceeds.
T;
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(c) Promptly after completion of the Project, but in any
event not later than six months after the Closing Date or such
later date as may be agreed for this purpose between the Borrower
and the Association, the Borrower shall prepare and furnish to the
Association e report, of such scope and in such detail as the
Association shall reasonably request, on the execution and initial
operation of the Project, its cost and the benefits derived and to
be derived from it, the performance by the Borrower and the
Association of their respective obligations under the Development
Credit Agreement and the accomplishment of the purposes of the
Credit.
ARTICLE IV
Other Covenants
Section 4.01. The Borrower shall maintain or cause to be
maintained records adequate to reflect in accordance with
consistently maintained appropriate accounting practices the
operations, resources and expenditures, in respect of the
Project, of the departments or agencies of the Borrower
responsible for carrying out the Project or any part thereof.
Section 4.02. The Borrower shall cause the Project Unit to
maintain separate accounts for each part of the Project and: (i)
have its accounts for each fiscal year audited, in accordance with
appropriate auditing principles consistently applied, by indepen-
dent auditors acceptable to the Association; (ii) furnish to the
Association as soon as available, but in any case not later than
four months after the end of each such year, (A) certified copies
of the accounts for such year as so audited and (B) the report of
such audit by said auditors, of such scope and in such detail as
the Association shall have reasonably requested; and (iii) furnish
to the Association such other information concerning such accounts
and the audit thereof as the Association shall from time to time
reasonably request.
Section 4.03. The Borrower shall ensure close cooperation and
liaison in the carrying out of the Project among the Department of
genie rural and the National Institute for Agricultural Research
(INRAN) of the Ministry, the Ministry of Public Works, and the
other agencies concerned.
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ARTICLE V
Effective Date; Termination
Section 5.01. The following events are specified as addi-tional conditions to the effectiveness of the Development Credit
Agreement within the meaning of Section 12.01 (b) of the GeneralConditions:
(a) the Special Account has been opened;
(b) the Borrower has legally allocated to the Project two
or three sites totalling 400 ha on the lower terraces of the Niger
River for the purposes of Part A of the Project;
(c) a Project Director, with qualifications and experience
satisfactory to the Borrower and the Association, has been
employed under terms and conditions satisfactory to the Borrower
and the Association; and
(d) a specialist in tropical forestry familiar with problems
of forestry and rural economics as adviser to the Project Director
and an agricultural engineer (genie rural specialist) to establish
and manage the irrigated tree plantation areas included in the
Project and to be responsible for a vehicle and machinery main-
tenance unit, each with qualifications and experience and on terms
and conditions of employment satisfactory to the Borrower and the
Association, have been employed.
Section 5.02. The date September 15, 1978 is hereby specified
for the purposes of Section 12.04 of the General Conditions.
ARTICLE VI
Representatives of the Borrower; Addresses
Section 6.01. The Minister of the Borrower responsible for
Planning is designated as representative of the Borrower for the
purposes of Section 11.03 of the General Conditions.
Section 6.02. The following addresses are specified for the
purposes of Section 11.01 of the General Conditions:
For the Borrower:
Ministere du PlanNiameyRepublic of Niger
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Cable address: Telex:
MINISTERE PLAN 5230
Niamey NIAMEY
For the Association:
International Development Association1818 H Street, N.W.Washington, D.C. 20433
United States of America
Cable address: Telex:
INDEVAS 440098 (ITT)
Washington, D.C. 248423 (RCA) or64145 (WUI)
IN WITNESS WHEREOF, the parties hereto, acting through their
representatives thereunto duly authorized, have caused this
Agreement to be signed in their respective names in the District
of Columbia, United States of America, as of the day and year
first above written.
REPUBLIC OF NIGER
ByAuthorized Representative
INTERNATIONAL DEVELOPMENT ASSOCIATION
By'Regional Vice President
Western Africa
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SCHEDULE 1
Withdrawal of the Proceeds of the Credit
1. The table below sets forth the Categories of items to be
financed out of the proceeds of the Credit, the allocation of the
amounts of the Credit to each Category and the percentage of
expenditures for items so to be financed in each Category:
Amount of theCredit Allocated % of
(Expressed in Expenditures
Category Dollar Equivalent) to be Financed
(1) Civil works 1,5A3,000 100%
(2) Machinery and 544,000 100%
vehicles
(3) Equipment, sup- 349,000 100%
plies and inputs
(4) Consultants' 536,000 100% of foreign
and experts' expenditures
services
(5) Operating costs 469,000 92%
of machinery andvehicles (exceptsalaries)
(6) Unallocated 1,059,000
TOTAL 4,500,000
2. For the purposes of this Schedule the term "foreign expendi-
tures" means expenditures in the currency of any country other
than the Borrower and for goods or services supplied from the
territory of any country other than the Borrower; provided,
however, that if the currency of the Borrower is also that of
another country from the territory of which goods or services are
supplied, expenditures in such currency for such goods or services
shall be deemed to be "foreign expenditures".
3. The disbursement percentages have been calculated in com-
pliance with the policy of the Association that no proceeds of theCredit shall be disbursed on account of payments for taxes leviedby, or in the territory of, the Borrower on goods or services, oron the importation, manufacture, procurement or supply thereof; tothat end, if the amount of any such taxes levied on or in respectof any item to be financed out of the proceeds of the Creditdecreases or increases, the Association may, by notice to theBorrower, increase or decrease the disbursement percentage thenapplicable to such item as required to be consistent with theaforementioned policy of the Association.
0 4. Notwithstanding the provisions of paragraph I above, nowithdrawals shall be made in respect of payments made for expendi-tures prior to the date of this Agreement.
5. Notwithstanding the allocation of an amount of the Creditor the disbursement percentages set forth in the table in para-graph 1 above, if the Association has reasonably estimatedthat the amount of the Credit then allocated to any Categorywill be insufficient to finance the agreed percentage of allexpenditures in that Category, the Association may, by notice tothe Borrower: (i) reallocate to such Category, to the extentrequired to meet the estimated shortfall, proceeds of the Creditwhich are then allocated to another Category and which in the
opinion of the Association are not needed to meet other expendi-tures, and (ii) if such reallocation cannot fully meet theestimated shortfall, reduce the disbursement percentage thenapplicable to such expenditures in order that further withdrawalsunder such Category may continue until all expenditures thereunder
shall have been made.
6. If the Association shall have reasonably determined that
the procurement of any item in any Category is inconsistent withthe procedures set forth or referred to in this Agreement, no
expenditures for such item shall be financed out of the proceedsof the Credit and the Association may, without in any way
restricting or limiting any other right, power or remedy of the
Association under the Development Credit Agreement, by notice tothe Borrower, cancel such amount of the Credit as, in the Associ-ation's reasonable opinion, represents the amount of such expendi-
tures which would otherwise have been eligible for financing outof the proceeds of the Credit.
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SCHEDULE 2
Description of the Project
The Project is to support a three-year program of pilotactivities to improve supplies of fuelwood for fuel and buildingpoles, to prevent further destruction of forest vegetation aroundthe urban areas, to strengthen the Department and its extensionservices in rural areas and to prepare a national forestryprogram. The Project includes the following:
Part A: Irrigated Plantations
The establishment on the lower terraces of the Niger River of
pilot irrigated tree plantations totalling about 400 ha.
Part B: Rainfed Plantations
The establishment of pilot rainfed tree plantations of about700 ha in classified forests near main urban areas (of which atleast half near Niamey and the remainder near Tahoua, Maradi andZinder).
Part C: Rural Forestry
The procurement for the Department of vehicles, equipment,fencing and nursery supplies to improve the implementation of theDepartment's activities in rural areas.
Part D: Training
The training of about 50 field staff overseers and tech-nicians in rural forestry activities through courses to be offeredat the National Agricultural Training Institute (Institut Pratiquede Developpement Rural (IPDR)) at Kolo, following curricula satis-
factory to the Association.
Part E: Research
Carrying out research in production and use of woods by theNational Institute for Agricultural Research (Institut National dela Recherche Agronomique du Niger (INRAN)); the procurement ofmaterials and equipment for the purpose.
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Part F: Maintenance
The establishment and operation of a unit for the maintenanceof machinery and vehicles of the Department.
* * *
The Project is expected to be completed by June 30, 1981.
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SCHEDULE 3
Procurement
A.
1. Civil works and buildings will be carried out under force
account with the assistance of the Department of Genie Rural
Development of the Ministry of Rural Development.
2. Contracts for the installation of pumping stations for
irrigated plantations and for the purchase of machinery, vehicles,
equipment and inputs will be awarded following competitive bidding
advertised locally.
B. Review of Procurement Decisions by the Association
1. Review of invitations to bid and of proposed awards and final
contracts:
With respect to all contracts estimated to cost the equiva-
lent of $50,000 or more:
(a) Before bids are invited, the Borrower shall furnish
to the Association, for its comments, the text of the invitations
to bid and the specifications and other bidding documents,
together with a description of the advertising procedures to be
followed for the bidding, and shall make such modifications in the
said documents or procedures as the Association shall reasonably
request. Any further modification to the bidding documents shall
require the Association's concurrence before it is issued to the
prospective bidders.
(b) After bids have been received and evaluated, the Bor-
rower shall, before a final decision on the award is made, inform
the Association of the name of the bidder to which it intends to
award the contract and shall furnish to the Association, in
sufficient time for its review, a detailed report, by the Project
Unit, on the evaluation and comparison of the bids received,
together with the recommendations for award of the Project Unit
and such other information as the Association shall reasonably
request. The Association shall, if it determines that the intended
award would be inconsistent with this Schedule, promptly inform
the Borrower and state the reasons for such determination.
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(c) The terms and conditions of the contract shall not,without the Association's concurrence, materially differ fromthose on which bids were asked or prequalification invited.
(d) Two conformed copies of the contract shall be furnishedto the Association promptly after its execution and prior tothe submission to the Association of the first application forwithdrawal of funds from the Credit Account in respect of suchcontract.
2. With respect to each contract to be financed out of theproceeds of the Credit and not governed by the preceding para-graph, the Borrower shall furnish to the Association, promptlyafter its execution and prior to the submission to the Associationof the first application for withdrawal of funds from the CreditAccount in respect of such contract, two conformed copies of suchcontract, together with the analysis of the respective bids,recommendations for award and such other information as theAssociation shall reasonably request. The Association shall, if itdetermines that the award of the contract was not consistent withthis Schedule, promptly inform the Borrower and state the reasonsfor such determination.
INTERNATIONAL DEVELOPMENT ASSOCIATION
CERTIFICATE
I hereby certify that the foregoing is a true
copy of the original in the archives of the Interna-
tional Development Association.
In witness whereof I have signed this Certifi-
cate and affixed the Seal of the Association
thereunto the day of
197L.
FOR SECRETARY
