Uredba o ratifikaciji Sporazuma med Vlado Republike Slovenije in Mednarodno finančno korporacijo o projektu podpore razvoju podjetij na Balkanu
OBJAVLJENO V: Uradni list RS (mednarodne) 15-37/2001, stran 965 DATUM OBJAVE: 3.7.2001
RS (mednarodne) 15-37/2001
O RATIFIKACIJI SPORAZUMA MED VLADO REPUBLIKE SLOVENIJE IN MEDNARODNO FINANČNO KORPORACIJO O PROJEKTU PODPORE RAZVOJU PODJETIJ NA BALKANU
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between THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA and INTERNATIONAL FINANCE CORPORATION regarding the BALKANS ENTERPRISE FACILITY (now known as Southeast Europe Enterprise Development)
Dated 30 May 2001
AGREEMENT, dated 30 May 2001 between the Government of the Republic of Slovenia (the “Government“) and International Finance Corporation (the “Corporation“) to provide for assistance to the Corporation in the administration of certain funds to be made available by the Government through the Ministry of the Economy (the “Ministry“), and other donors, in the form of a grant, to assist in financing the Balkans Enterprise Facility (the “Facility“) to be managed by the Corporation.
The Government acknowledges receipt of a copy of the Business Plan for the Facility dated January 26, 2000 prepared by the Corporation.
NOW THEREFORE, the parties hereto hereby agree as follows:
Article I
Section 1.01. For the purposes of this Agreement, the Government through the Ministry shall within 31 working days of the date of its entry into force make a deposit of United States Dollars two hundred thousand (US$200,000), into the International Bank for Reconstruction and Development “Account T“ (No. ABA 0210-8002-5) (the “Account“) at The Federal Reserve Bank of New York (“FRBNY“). When making the payment, the Ministry shall instruct FYRBNY, Foreign Department to advise the World Bank’s Treasury Operations Department by SWIFT (IBRDUS33), telex (MCI 248423) or facsimile (202-522 1564) as to the amount received, noting that it is in respect of TF No. 23357 – Balkans Enterprise Facility and providing the date of the receipt. In addition, the Ministry shall send by facsimile a copy of the Ministry’s payment order to the World Bank’s Trust Fund Administrator (202-522 3397). The Ministry may, subject to the funds available to it in the state budget and provisions of this Agreement, subsequently consider additional and future funding support for the Facility and deposit further funds in the Account, which will be governed in all respects by this Agreement. Other donors have contributed grant funds to the Account.
Section 1.02. The Ministry agrees that financial inputs will be “untied“ and that all or part of the funds received from the Ministry or other sources in the Account may be converted into other currencies to facilitate their disbursements.
Section 1.03. The Corporation shall have the right to commingle the funds in the Account with other funds and Facility assets; provided however that all such assets will be kept separate and apart from those of the Corporation.
Section 1.04. The Corporation shall withdraw from the Account such amounts as from time to time shall be needed to meet the establishment and operating costs of the Facility. The aforementioned establishment and operating costs shall include the Corporation’s internal administrative costs of accounting, internal auditing, human resource management, legal, budgeting, control and other administrative expenses calculated in accordance with normal Corporation practices. To help defray these internal administrative costs, it is agreed that the Corporation shall deduct three point five percent (3.5%) from the Ministry’s deposit referred to in Section 1.01.
Section 1.05. The Corporation may invest and reinvest the funds in the Account pending their application as provided hereunder. The income from such investment or reinvestment shall be retained in the Account for use for the Facility.
Section 1.06. Except as provided in Article IV, the Corporation shall be under no obligation to repay to the Ministry funds applied to meet the reasonable expenditures of the Facility disbursed in accordance with this Agreement, including the Corporation’s reasonable costs of administering the Facility.
Section 1.07. The Corporation shall exercise the same care in the discharge of its functions under this Agreement as it exercises with respect to the administration and management of its own affairs, shall manage the Facility according to the Business Plan and its annual updates approved by a board of donor representatives, and shall have no further liability to the Ministry.
Article II
Section 2.01. The Corporation shall maintain separate records and accounts in respect of the funds in the Account and the funds disbursed by the Corporation pursuant to the provisions of this Agreement, and the Corporation shall furnish quarterly to the Ministry a statement of account on such records and accounts.
Section 2.02. The Corporation shall be responsible for arranging an annual financial audit, at the expense of the Facility, and for promptly providing the Ministry with a copy of the results of that audit.
Article III
Section 3.01. The Ministry and the Corporation shall consult from time to time on all matters arising out of this Agreement. The Corporation will provide the Ministry quarterly reports on the activities of the Facility. Such reports shall account for the degree of achievement of the objectives of the Facility, in both qualitative and quantitative terms. The achievements shall be compared with planned results of the Facility according to its Business Plan and subsequent updates, and an analysis of various difficulties, bottlenecks and successes shall be made. The reports shall also comment on the Facility’s activities in respect of gender and environment issues. The achieved results contained in these reports shall constitute a basis for the decision for further funding of the Facility by the Ministry.
Article IV
Section 4.01. This Agreement shall become effective on the first day of the second month following the date of signature and, subject to the provisions of this Article, shall continue in effect until all of the funds in the Account have been disbursed therefrom as provided in this Agreement.
Section 4.02. If at any time it appears to either party that the purpose of this Agreement can no longer effectively or appropriately be carried out, this Agreement may be terminated at the initiative of such party by means of written notice to the other party, the termination taking effect ninety (90) days after such notice has been received by the other party. The Corporation will repay promptly any unspent and uncommitted funds, including any unspent and uncommitted income derived from investment of funds, to the Ministry - on a pro rata basis should this Agreement be terminated.
Section 4.03. Promptly after all disbursements have been made from the Account or after termination of the Agreement, the Corporation shall furnish to the Ministry a final report.
Article V
Section 5.01. This Agreement may be amended only by written agreement of the parties hereto.
Section 5.02. Any notice or request required or permitted to be given or made under this Agreement shall be in writing and shall be given at each party’s address as follows:
For the Ministry:
Ministry of the Economy
Kotnikova 5
1000 Ljubljana
Slovenia
Fax: +386 1 478 3611
Tel: + 386 1 478 3521
For the Corporation:
International Finance Corporation
2121 Pennsylvania Avenue, N.W.
Washington, DC 20433
United States of America
Attention: Director, Small and Medium Enterprise Department
Fax: (202) 974-4314
With copy to:
The Manager, Trust Funds Division (CPLTF)
Fax: (202) 974-4344.
IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized representatives, have caused this Agreement to be signed in their respective names.
DONE at Sarajevo, Bosnia and Herzegovina, on 30 May 2001, in two originals in the English language.
FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA
By Renata Vitez, (s) Authorized Representative
FOR INTERNATIONAL FINANCE CORPORATION
By Mariann Kurtz, (s) Authorized Representative
med VLADO REPUBLIKE SLOVENIJE in MEDNARODNO FINANČNO KORPORACIJO o PROJEKTU PODPORE RAZVOJU PODJETIJ NA BALKANU (zdaj poznan kot Projekt razvoja podjetništva v Jugovzhodni Evropi)
z dne 30. maja 2001
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