MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA FOR NON BUDGET SUPPORT FINANCIAL AID Between The Government of the United Kingdom of Great Britain and Northern Ireland acting through the Department for International Development (“DFID”) and The Federal Democratic Republic of Ethiopia acting through the Ministry of Finance and Economic Development (MoFED) together called “the Participants” United Kingdom /Ethiopia for Climate Resilient Green Economy Facility (202597) Grant 2013 1 1 Following the recent discussions between the Participants, DFID, will make available: 1.1 A sum not exceeding £15 million in Non Budget Support Financial Aid to support the Federal Democratic Republic of Ethiopia. The amount will be paid in the following tranches: 1.2 November 2013 up to £2 million February 2014 up to £2 million May 2014 up to £2 million August 2014 up to £2 million November 2014 up to £2 million February 2015 up to £2 million May 2015 up to £2 million August 2015 up to £1 million The first tranche will be disbursed on agreement of the first Climate Resilient Green Economy Operational Manual (hereinafter referred to as "the Operational Manual”) and when initial staffing is in place in the CRGE Facility to ensure compliance with financial and other safeguards. 1.3 Subsequent tranches will be released on receipt of quarterly financial and progress reporting for the previous quarter and on evidence of need. The above schedule can be amended at any time, on agreement between the Participants. 1.4 The Ministry of Finance and Economic Development will submit financial and progress reports as per the Operational Manual, when requesting each subsequent tranche. Disbursement of the tranches will be subject to satisfactory performance of the previous tranche, as evaluated by DFID in full consultation with the Ministry of Finance and Economic Development, against deliverables in the Climate Resilient Green Economy (CRGE) Facility Workplan, timely disbursement of finance, and taking into account any concerns from DFID or other partners regarding quality of delivery or maintenance of appropriate standards and safeguards, 1.5 As per the Operational Manual, the Ministry of Finance and Economic Development shall prepare and provide to DFID the following statements and reports: 2 Quarterly financial reports Quarterly narrative progress reports Annual audited financial statements and reports Annual narrative progress reports including environmental and social safeguards policies and procedures implementation and monitoring Final narrative reports, after the completion of the activities in each approved investment plan (or project/initiative under the Responsive Window) When requesting payment the Ministry of Finance and Economic Development should complete Annex 3. 2 3 Please confirm below Federal Government of Ethiopia bank account details. Bank Name: Bank Postal Address: Name of Account: Bank Account Number: Sort Code: Currency of Bank Account: IBAN number: [required for bank accounts within Europe] SWIFT number: ABA or BIC Number: [BIC required for bank accounts within Europe] Intermediary bank details: E-Mail Business Address 4. The Grant will start on 08 November 2013 and will end on 31 December 2015. 5. The arrangements and the purpose for which the Grant will be used are set out in this MOU, the attached Climate-High Level Investment Programme Business Case, the Climate Resilient Green Economy (CRGE) Facility Operational Manual, and DFID’s Conditionality How to Note, as summarised in Annex 1, collectively referred to in this MOU as “this Arrangement”. The details may be varied within the total grant by mutual arrangement between our two Governments. 6.1 The Grant will be paid in accordance with the attached Procedures and Practices For United Kingdom Budget Support and Non Budget Support Financial Aid (hereinafter referred to as "the Procedures"), attached at Annex 2. 6.2 The Procedures sets out requirements for procurement, accounts and audit. For the purposes of this MOU, under Annex 2, section 9.2.1.(i), DFID grants prior approval for all procurement activities in line with procurement process set out in the Operational Manual. DFID reserves the right to assess the procurement capacity and capability of the relevant government institutions at any time. In the event of concerns regarding procurement capacity arising from MOFED or DFID, both Participants reserve the right to request review and the introduction of additional procurement safeguards. 3 7. The Grant will not be used to meet the cost of any import or customs duties imposed by the Federal Democratic Republic of Ethiopia. The Grant will not (unless DFID decides otherwise) be used to meet the cost of any other duties or taxes, fees or similar charges imposed directly or indirectly by the Federal Democratic Republic of Ethiopia or by any local public authority in Ethiopia on the goods and/or services provided. 8. The Ministry of Finance and Economic Development will within 9 months of the end of each financial year provide DFID with Annual Audited Statements from its Accountant General (or equivalent) confirming that DFID’s Grant has been used for the intended purposes. 9. Unless otherwise accepted by the Participants, the Ministry of Finance and Economic Development will ensure that all goods and services financed from the Grant will continue to be used for the original purpose, as long as this remains feasible. In the event of such goods or services being used for other purposes, the Ministry of Finance and Economic Development must notify DFID in writing and DFID may seek to recover from the Ministry of Finance and Economic Development the value of the goods and services concerned. 10. Whenever required and practicable, the Ministry of Finance and Economic Development will permit DFID authorised personnel to visit any Project in respect of this Grant and/or examine documents and records relating to the Grant. The Ministry of Finance and Economic Development should also provide any information that may be necessary to help DFID’s consideration of the documents, the Grant, its progress and financing. 11. Reviews will be conducted as appropriate, to assess progress. The timing of reviews will where possible be aligned with existing national processes and in a coordinated manner. 12. Except in extreme circumstances, if DFID is concerned that the provisions of this MOU, or partnership commitments made under this Arrangement may not have been fulfilled by the Federal Democratic Republic of Ethiopia or if any changes are made without mutual consent and in contradiction of this MOU or the Operational Manual, and which could impair significantly the development value of the project /programme, DFID will discuss with the Ministry of Finance and Economic Development and where appropriate undertake assessment. 13.1. If DFID or MoFED considers that a) there has been a failure to fulfil the commitments of this MOU OR b) there has been a failure to fulfil the commitments made under this Arrangement by the Federal Democratic Republic of Ethiopia OR 4 c) If any changes are made regarding the CRGE Facility or the implementation of CRGE programmes that are supported by DFID, without mutual consent and in contradiction of this MOU or the Operational Manual, and which could in the opinion of DFID or MOFED impair significantly the development value of the project/programme, then Participants will communicate concerns to each other for immediate discussion. DFID may then take any of the following actions, always ensuring transparent communication and, as far as possible, discussion in advance of action: signal a possible future response change the way DFID delivers aid delay all or part of a specific aid disbursement to the Partner Government reduce, suspend or stop aid under this Arrangement or terminate this Arrangement under paragraph 16 of this MOU. 13.2 Only in exceptional circumstances will DFID interrupt planned disbursements of aid within the Federal Democratic Republic of Ethiopia’s financial year. 14. DFID will not be responsible for the activities of any person or third party engaged by the Federal Democratic Republic of Ethiopia as a result of this Memorandum, nor will DFID be responsible for any costs incurred by Federal Democratic Republic of Ethiopia in terminating the engagement of any such person. 15. If at any stage the Federal Democratic Republic of Ethiopia should become aware of, or suspect, any misappropriation or diversion of funds or possible fraud or corruption or failure to maintain social or environmental safeguards relating to the project / programme activities funded by the DFID grant, the Ministry of Finance and Economic Development must report the matter immediately to DFID. 16. As per the Operational Manual, the Facility will adopt the World Bank Social and Environmental Safeguards Policies and Procedures. These are adapted to the Ethiopian context; the agreed adjustment is regarding indigenous peoples, as per the Operational Manual. No other adjustments will be made without formal agreement with DFID. 17. This Arrangement including this MOU can be terminated by three months’ written notice by either Government. It is accepted nonetheless that any decision of either Government regarding termination of this Arrangement will first be subject to discussion. Any other step under paragraph 13.1 of this MOU may be taken meantime by DFID; if so, it will be clearly communicated and wherever possible discussed in advance in the spirit of partnership and communication. 18. In line with DFID's Transparency commitments, the Federal Democratic Republic of Ethiopia gives consent for this arrangement (and any subsequent amendments) to be published on DFID's website. 5 19. Communications and Branding 19.1 The Federal Democratic Republic of Ethiopia commits to collaborate with DFID to build support for development and raise awareness of the UK government's funding for development activity. Both will proactively look for ways to raise awareness of UK government funding for development. The Federal Democratic Republic of Ethiopia will explicitly acknowledge DFID's support through use of DFID's UKaid logo in all communications with the public or third parties about this project / programme, unless otherwise agreed in advance. The Federal Democratic Republic of Ethiopia also commits to collaborate with DFID on other awareness raising activities where feasible and appropriate, in the UK and overseas, to profile the partnership and the results it is delivering. 20. If the arrangements set out in the MOU above, its Annex 1 “CONDITIONALITY”, and in the attached Business Case and Operational Manual and Annexes 1 and 2 to the MoU are acceptable to the Government of Ethiopia, this Arrangement and this MOU will place on record the understanding of the Participants and will come into operation on the date of the Federal Democratic Republic of Ethiopia’s signature below. The Federal Democratic Republic of Ethiopia should please sign both copies of the original, retain one for its own records and return the other to DFID. 21. In the event of translation the English text of this document will prevail. Signed on behalf of DFID: Name: Position: Address/Contact Details: Date: Signed on behalf of the Government of ETHIOPIA : Name: Position: Address/Contact Details: Date: 6