July 26, 2007
Amb. LEE Tae-sik
Ambassador Extraordinary and Plenipotentiary
to the United States of America
Embassy of the Republic of Korea to the United States of America
2450 Massachusetts Avenue N.W. Washington D.C 20008 U.S.A
Trust Fund Administration Agreement between the
Government of the Republic of Korea and the International
Bank for Reconstruction and Development and the
International Development Association concerning the
Multi-Donor Trust Fund for the Avian and Human
Influenza Facility (AHI Facility) (TFNo.070515)
Dear Amb. LEE Tae-sik :
We are pleased to acknowledge on behalf of the International Bank
for Reconstruction and Development (“IBRD”) and the International
Development Association (“IDA”) (collectively, the “Bank”) the intention
of the Government of the Republic of Korea (the “Donor”) to make
available the sum of one million United States dollars (US$1,000,000) (the
“Contribution”) for the Multi-Donor Trust Fund for the Avian and Human
Influenza Facility (the “Trust Fund”). Besides the Government of the
Republic of Korea, other donors are also expected to contribute to the Trust
Fund on the terms and conditions specified in the Annexes to this
Agreement. The Trust Fund forms part of the Avian and Human Influenza
Facility (the “AHI Facility”), a financing mechanism established by the
Bank and several partners. The AHI Facility document is attached hereto as
Annex 1.
The Contribution shall be administered by the Bank on behalf of the
Donor in accordance with the terms of this Agreement, the terms and
conditions of the aforementioned AHI Facility document, and the “Standard
Provisions Applicable to the Multi-Donor Trust Fund for the AHI Facility”
(the “Standard Provisions”) attached hereto as Annex 2.
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The Contribution shall be used to finance the activities described in
the AHI Facility document, and the categories of expenditure set forth in the
“Description of Expenditure Categories allowed under the Multi-Donor
Trust Fund for the AHI Facility” attached hereto as Annex 3.
Annexes 1, 2, and 3 constitute an integral part of this Agreement.
The Donor shall deposit the Contribution, the sum being subject to
the approval of its budget authorities, into the International Bank for
Reconstruction and Development’s Cash Account “T” (Account No.
2000192003489, Swift Bic Code: PNBPUS3NNYC; Fed. ABA No.
026005092) (the “T-Account”) maintained with Wachovia Bank NA, New
York, 11 Penn Plaza, Floor 4, New York, NY 10038, United States of
America.
When making such deposit, the Donor shall instruct its bank to
include in its payment details information (remittance advice) field of its
SWIFT payment message, information indicating: the amount paid, that the
payment is made by the Donor for TF070515 (Multi-Donor Trust Fund for
the AHI Facility), and the date of the deposit. In addition, the Donor shall
provide a copy of the Donor’s deposit instruction to the Bank’s Accounting
Trust Funds Division by e-mail sent to tfremitadvice@worldbank.org or by
fax sent to (202) 614-1315.
The offices responsible for coordination of all matters related to the
implementation of this Agreement are:
For the Bank:
David Potten
The AHI Facility Administrator
Trust Funds Operations
Concessional Finance and Global Partnerships Vice-Presidency
The World Bank
1818 H Street, NW
Washington, DC 20433
U.S.A.
Tel: (202) 458-7873
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Fax: (202) 477-1790
For the Donor:
Jai-chul Choi
Director-General
International Economic Affairs Bureau
Ministry of Foreign Affairs and Trade
95-1, Doryeom-dong Jongno-gu Seoul
Republic of Korea
Tel: +82-2-2100-7710
Fax: +82-2-2100-7987
This Agreement may be amended only by written agreement between
the Bank and the Donor; provided, however, that Annexes 1, 2, and 3 to this
Agreement may only be amended with the agreement of all Donors
contributing to the Trust Fund.
Please confirm your agreement with the foregoing, on behalf of the
Donor, by signing, dating, and returning to us the enclosed copy of this
Agreement. Upon receipt by the Bank of the copy of this Agreement
countersigned by you, this Agreement will become effective as of the date
of the countersignature.
Sincerely,
INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
INTERNATIONAL DEVELOPMENT ASSOCIATION
____________________________________
Philippe H. Le Houerou
Vice President
Concessional Finance and Global Partnerships
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AGREED:
GOVERNMENT OF THE REPUBLIC OF KOREA
Amb. LEE Tae-sik
Ambassador Extraordinary and Plenipotentiary
to the United States of America
Date : July 31, 2007
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ANNEX 1
AVIAN AND HUMAN INFLUENZA1 FACILITY
The Avian and Human Influenza Facility (the “AHI Facility” or the
“Facility”) is a multi-donor financing mechanism administered by the World
Bank. The AHI Facility is established as a joint effort being undertaken by
the World Bank, donor countries, Regional Development Banks, the Food
and Agriculture Organization (FAO), the World Health Organization
(WHO), the World Organization for Animal Health (OiE), among others,
(the “Partners”) for the purpose of minimizing the risk and socio-economic
impact of avian influenza (and other zoonoses) and of avoiding a possible
human pandemic influenza in developing countries lacking adequate
domestic resources and capacity to fight the disease.
PREAMBLE:
There is an urgent need to ensure that the world is able to control and
eliminate the current virulent form of avian influenza. It is recognized
that a strong effort to control avian influenza is the most effective
way to reduce the risk of a human pandemic. Containing the threat of
avian influenza poses a complex, multi-sectoral, cross-border
challenge.
Technical leadership in developing protocols through which to
address this challenge lies with three agencies: FAO, WHO, and OiE.
Translating those protocols into specific outcomes requires the
support of the international community. In this regard a number of
initiatives have been launched by the UN System Influenza
Coordinator (UNSIC), the European Commission, and the
Governments of Australia, Canada, Japan, and USA amongst others.
1
Avian influenza, also known as bird flu, is a highly contagious viral disease affecting mainly chickens,
turkeys, ducks, and other birds. While avian influenza caused by highly pathogenic virus strains have
sometimes been shown to infect man, the disease should not be confused with human influenza, a
common human disease. However, avian influenza under certain circumstances could pose a serious
threat to humans. Source: The World Organisation for Animal Health (OiE).
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These initiatives led to a meeting in November, 2005 in Geneva,
Switzerland, which concluded with a strong consensus around the
need to address the issue of avian and human influenza (AHI) by
supporting integrated country action plans, complemented by regional
and global coordination.
The International Pledging Conference on Avian and Human
Pandemic Influenza was organized by the Government of the
People’s Republic of China, the European Commission and the World
Bank, and held from 17th to 18th January, 2006, in Beijing, to build
on the outcome from the Geneva meeting. Partners subscribed to a
long term strategic partnership between the international community
and countries currently affected or at risk in which adequate and
prompt financial and technical support is to be mobilized to
complement the efforts of the countries and regions themselves 2.
A Multi-Donor Financing Framework 3 to help meet the financing
needs and gaps 4 was welcomed at the Beijing Meeting, and many
donors (the “Donors”) made substantial pledges to help meet the AHI
challenge, amounting to $1.9 billion.
The Multi-Donor Financing Framework allows flexibility for donors
to contribute to this joint effort by providing support under various
mechanisms (grants, loans, credits) and to channel their funds in
various ways, including through the use of Trust Funds to be
administered by the World Bank under the AHI Facility.
For its part, the World Bank has agreed to make available up to $500
million to help individual countries address the AHI challenge,
following the FAO/OiE and WHO protocols.
2
Beijing Declaration at the International Pledging Conference on Avian and Human Pandemic Influenza,
January 18th, 2006
3
Avian and Human Influenza: Multidonor Financing Framework, World Bank, January 12, 2006
4
Avian and Human Influenza: Financing Needs and Gaps, World Bank, January 12, 2006
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PRINCIPLES OF THE AHI FACILITY
1.
Rationale for a joint effort
In order to allow deployment of resources where needs and financing
gaps are highest, and so that action is swift, efficient and equitable,
several donors in Beijing expressed a preference to channel resources
through the AHI Facility. The reasons for doing so are:
 Promoting country ownership and policy dialogue: Channelling
resources through the AHI Facility and its Trust Funds will
support government-led donor coordination regarding integrated
country action plans. It will build on and strengthen the existing
dialogue and coordination arrangements between the government
and the donors as well as with civil society;
 Encouraging multi-sector reforms: Coordinated financing through
the AHI Facility will help to integrate external financing for avian
and human influenza (“AHI”) into domestic financing and policy
frameworks. This will help to foster real sectoral reforms and
deepen the policy reform dialogue, with existing sector
programmes being strengthened to be able to respond to AHI;
 Ascertaining results and impact: The Beijing Conference agreed
on the need for a Multi-Donor Financing Framework that is
results/impact-oriented. Supporting the AHI Facility-financing
mechanism will facilitate the development of a common results
framework that will make it possible to track progress and impact
in a harmonised and transparent manner;
 Leveraging strategic overall financing packages combining grants
and loans: Coordinated donor financing through the Facility’s
Trust Funds will aim at developing strategic overall financing
packages, combining AHI Facility-grants with bilateral grants and
multilateral loans, credits and grants.
2. Purpose and Objective of the AHI Facility
The AHI Facility is created to assist countries in meeting financing
gaps in their AHI integrated country action plans, when domestic and
existing bilateral or multilateral donor resources are unable to fill the
gap.
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2.1. The Purpose of the AHI Facility is to minimise the risk and socioeconomic impact of avian influenza (and other zoonoses) and of a possible
human pandemic influenza in developing countries lacking adequate
domestic resources and capacity to combat the disease.
2.2. The specific objectives of the AHI Facility are:
a) Avian influenza either prevented or progressively brought under
control and eradicated in selected countries;
b) Increased human influenza pandemic preparedness.
These objectives will be achieved by providing financial support and
expertise to selected countries for development and implementation
of national strategic, multi-sector plans with respect to avian
influenza and other zoonoses as well as human influenza pandemic
preparedness5.
3. Eligible Activities
3.1 The AHI Facility Trust Funds will be available to support eligible
activities (the “Eligible Activities”) which contribute to the objectives and
purpose of the AHI Facility, provided:
a. Either:
 The activity provides support for the elaboration and improvement
of integrated country action plans;
 The activity is included as a priority in an integrated country
action plan and is consistent with the FAO, OiE, and WHO
protocols;
 The activity is endorsed according to the in-country procedures set
out in paragraph 11 of the Facility’s Governance Structure; and
5
All countries, regardless of their level of risk, need to prepare integrated country action plans for human
and animal health as well as for other sectors engaged in the response for avian and human influenza.
Country action plans should identify clear and common objectives across sectors, with associated
results, outcomes and costs, to which all sectors can contribute. They may also need to provide for the
development of policy, legislation, and related strategy work to support the interventions identified.
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 The respective Country Director in the World Bank where the
Eligible Activities are going to take place, confirms that other
sources of financing cannot be made available, according to the
procedures set out below in paragraph 11 of the Facility’s
Governance Structure.
In such cases, preference will be given to supporting endemic and atrisk developing countries, whose domestic resources and capacity
does not permit them to adequately develop and implement their
integrated country action plans.
b. Or, the activity is otherwise proposed, in which case it will be
subject to review by the Advisory Board, as described in the
Facility’s Governance Structure description.
3.2 Typical activities eligible for support from the AHI Facility Trust
Funds are likely to include:
 Support to elaboration of integrated country action plans 6;
 Communications and coordination aimed at winning trust and
confidence of the population, minimising panic and disruption,
and mobilising the public as a key partner in beating the disease;
 Surveillance and early warning systems including enhancement of
laboratory and diagnostic capacity;
 Rapid outbreak containment plans and operations including: (i)
animal vaccination, culling and compensation schemes, disposal,
and post-culling disinfection; (ii) field investigations of human
disease cases and clusters, implementing public health
countermeasures, and enhancement of surge capacity;
 Strengthening human health systems to deal with infectious
disease outbreaks, especially influenza;
 Support for reference laboratories;
 Evaluation of and strengthening of the veterinary system and
services to deal with animal health outbreaks, especially zoonotic
diseases including Avian flu;
 Cross-country coordination activities;
6
Avian and Human Influenza: Financing Needs and Gaps, World Bank, January 12, 2006
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 Capacity building at country or regional levels; and
 Monitoring and evaluation, program management and strategy
development.
This is not an exhaustive list. Resources from the AHI Facility
cannot, however, be used for procurement of anti-viral drugs.
4.
Eligible Applicants
All member countries of IBRD and West Bank and Gaza, will be
eligible to apply for funding from this Facility. In addition,
international and regional organizations and non-governmental
organizations will also be eligible to apply for projects of an
inherently multi-country nature or for projects in countries without an
ongoing IBRD or IDA lending program (including countries in nonaccrual).
5. Execution of the AHI Facility Trust Funds / Categories of
Expenditures
5.1. The AHI Facility Trust Funds will provide grants (the “Grants”)
which will normally be executed by different recipients (the “Recipients”).
In such cases, the Bank’s Trust Funds operational policies will apply,
except when the grants are disbursed to those other international
organizations with whom the Bank has agreed on derogations from those
policies. For activities financed under Recipient-executed Grants, all
categories of expenditures allowed under Bank’s operational policies are
allowed, except land acquisition.
5.2. Upon the written request of the Recipient, the Bank may act as
executing agency for the Recipient in carrying out the activities to be
financed by the Grant. In such cases when the activities to be financed
under the Grant are Bank-executed, the eligible categories of
expenditures would include: communications and translations, short-term
consultant fees, extended term consultant salaries and benefits; contractual
services; equipment; travel expenses; media and workshop costs; where
the provisions of the Bank’s policy on emergency recovery assistance
apply, small contracts for start-up goods and works necessary to enable the
recipient to undertake the execution of subsequent project activities.
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6.
Use of funds
6.1. The AHI Facility funds can be used to:
(i)
provide grants to recipient governments, non-governmental
organizations, international or regional organizations, and other
Partners, (the “Recipients”), for the purpose of financing activities
eligible to be supported by the Trust Fund; and
(ii)
compensate the Bank for administration and related expenses
arising in connection with the AHI Facility Trust Funds.
6.2 Donors will have two alternatives to contribute to the AHI Facility:
through a Multi-Donor Trust Fund or through Single-Donor Trust Fund
arrangements.
The Multi-Donor Trust Fund will have no geographic restrictions.
However, if under this arrangement, a Donor expresses preferences to
allocate its funds to specific geographic areas, the Bank will accept
the Donor’s funds acknowledging the Donor’s preferences but
without a binding commitment to accommodate such requests.
7.
Administrative cost recovery arrangements
In order to assist in the defrayment of the costs of administration,
including design, management and supervision costs, and other
expenses incurred by the Bank involved in the Trust Funds
established under the AHI Facility, the Bank shall retain for its own
account an amount equal to five percent (5%) of the amount of the
contribution as described in the respective Trust Fund Administration
Agreement.
The fee will cover, inter alia, appraisal missions, review of grant
applications, supervision of grants and reporting at country and
program level.
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8.
Liability
8.1 The Bank shall be responsible only for performing those functions
specifically set forth in this Agreement and shall not be subject to any
other duties or responsibilities to the Donors, including, without limitation,
any duties or obligations that might otherwise apply to a fiduciary or
trustee under general principles of trust or fiduciary law. Nothing in this
Agreement shall be considered a waiver of any privileges or immunities of
the Bank under its Articles of Agreement or any applicable law, all of
which are expressly reserved.
8.2 Otherwise than for failure to perform its obligations set forth in this
Agreement, the Donors will not under any circumstances whatever be
liable for damages caused either to the Bank or third parties during the
performance of this Agreement. No claim can be submitted to the Donors
for compensation or for restoration of any such damage or loss.
9.
Visibility
The Bank will make every effort to ensure that publications, training
programmes, seminars or symposia financed under the AHI Facility
or its Trust Funds, and all press releases or other information
materials issued by the Bank with respect to the AHI Facility or its
Trust Funds, shall clearly indicate that the activities in question have
received funding from various donors. A common logo will be
developed that includes the flags or logos of all donors to AHI
Facility or its Trust Funds.
10. Disclosure
The Bank may disclose any information concerning the AHI Facility
and its Trust Funds in accordance with the Bank’s policies on the
disclosure of information.
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GOVERNANCE STRUCTURE OF THE AHI FACILITY
The Governance of the AHI Facility would need to be seen as part of
the wider international approach of addressing the challenges of AHI.
This wider approach is likely to provide for broad consultations, draw
in all financing and non-financing Partners to review progress and
advise on overall priorities. Within this framework, the governance of
the AHI Facility would be a function of such factors as the scale of
the financing provided, the number of financing Partners, and the
scope and structure of the Facility.
Within the framework agreed through the governance structure of the
AHI Facility, the World Bank would serve as administrator and
Trustee of the Facility Trust Funds with responsibilities to be
specified in Administration Agreements between the Bank and each
financing Partner or Donor.
The operating mechanisms of the Governance structure applicable to
the AHI Facility and to any Trust Fund established under said Facility
are as described below:
11. Country-based review
When proposed grants to be financed under any of the Trust Funds of
the AHI Facility are country-specific, each proposal for Eligible
Activities, will be reviewed by an “in-country meeting”. This meeting
may be convened as part of the pre-existing mechanism for
coordination between government and Donors within that country.
The meeting will be organized –with at least two week’s notice to
invitees (except in an emergency situation)—jointly by the Bank
country representative and the UN Resident Coordinator. Invited
participants are expected also to include the Government, a
representative from each Donor, if they are represented in-country,
and relevant technical agencies. The meeting will review the
proposal or proposals, based on an assessment from the relevant
World Bank Country Director, as local representative of the
Administrator, on the feasibility of the proposal, the need for grant
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support from the AHI Facility in addition to funding sources already
available, and the need for other non-grant external support (e.g.
loans). Views expressed by the Donors at the meeting will be
summarized and submitted to the World Bank Country Director as
representative of the Administrator.
12. Central Oversight
Once a proposal for funding has been reviewed, as prescribed above,
it will be forwarded to the World Bank’s AHI Facility Administrator.
All proposals, whether or not country-specific, will identify the Bank
staff member who would be the Task Team Leader if the grant is
approved.
World Bank Regions will be allocated an amount which can be used
for small grants (not exceeding US$ 100,000) for technical assistance
to support rapid preparation of AHI integrated country action plans.
All other grant proposals will be reviewed by an Internal Bank
Review Committee for approval. This committee may refer proposals
back for clarification or decline proposals if they consider them
inconsistent with the purposes of the AHI Facility or inadequately
justified.
If the amount sought by the applicant is US$3,000,000 or more, or the
proposal is not country-specific, the Bank’s assessment and proposed
financing package will be submitted for consultation to the Advisory
Board, as described below. The Bank will also inform the Advisory
Board on proposals declined and the reasons for declining.
13. Advisory Board
The Bank will establish an Advisory Board to provide advice and
guidance to the Bank on the performance of the AHI Facility. The
Advisory Board will consist of representatives from the Bank, all
Donors who are committed to contributing $2.5 million or more, and
UNSIC and OiE as observers. If the number of Advisory Board
members exceeds five this arrangement may be reconsidered and
revised at a meeting of the Advisory Board. Meetings of the
Advisory Board will be co-chaired by the Bank (as Administrator)
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and a representative of the European Commission. The Advisory
Board may invite representatives of other multilateral and
development partners and civil society to attend meetings of the
Advisory Board. The Advisory Board will provide advice on policy
and operational strategies of AHI Facility, as well as specific advice
on financing proposals requiring US$ 3,000,000 or more or which are
not proposed through the country-based mechanism outlined in
paragraph 11 of Governance Structure. The Bank will propose for
endorsement by the Advisory Board a list of criteria to be used for the
decision-making on funding requests. The Advisory Board will also
review and approve any amendment to such criteria. If necessary the
criteria may vary from region to region. The Advisory Board will
meet physically at least once a year. The Program Manager may
organize interim video-conference meetings, or e-mail clearance
sessions, whenever necessary.
The Bank will report to the Advisory Board quarterly on grants made
or under consideration from the AHI Facility funds, and will report
annually to the Advisory Board on progress and results of activities
undertaken with AHI Facility support, based on a common results
framework agreed with the Advisory Board.
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ANNEX 2
Standard Provisions Applicable to the Multi-Donor Trust Fund for
the Avian and Human Influenza Facility
The following provisions (hereinafter referred to as the “Standard
Provisions”) shall be applicable to and form an integral part of all
agreements entered into between the International Bank for Reconstruction
and Development (“IBRD”) and the International Development Association
(“IDA”) (collectively, the “Bank”) and donor countries and/or organizations
(hereinafter referred to as the “Donors”) that provide Contributions (referred
to as the “Contributions”) to be administered by the Bank for the MultiDonor Trust Fund for the Avian and Human Influenza Facility (the
“Project”).
1.
Administration of the Contributions
The Bank shall be responsible only for performing those functions
specifically set forth in this Agreement and shall not be subject to any other
duties or responsibilities to the Donors, including, without limitation, any
duties or obligations that might otherwise apply to a fiduciary or trustee
under general principles of trust or fiduciary law. Nothing in this
Agreement shall be considered a waiver of any privileges or immunities of
the IBRD and IDA under their Articles of Agreement or any applicable law,
all of which are expressly reserved.
2.
Commingling, Exchange and Investment of the Contributions
2.1. The Contribution funds shall be accounted for as a single trust fund
and shall be kept separate and apart from the funds of the Bank. The
Contribution funds may be commingled with other trust fund assets
maintained by the Bank.
2.2. The Contribution funds may be freely exchanged by the Bank into
other currencies as may facilitate their disbursement.
2.3 The Bank shall invest and reinvest the Contribution funds pending
their disbursement in accordance with the Bank’s policies and procedures
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for the investment of trust funds administered by the Bank. The Bank shall
credit all income from such investment to the trust fund established under
this Agreement to be used for the same purposes as the Contribution funds.
3.
Administrative Cost Recovery
In order to assist in the defrayment of the costs of administration and
other expenses incurred by the Bank under this Agreement, the Bank may,
following deposit of Contribution funds, deduct from such funds and retain
for the Bank’s own account an amount equal to five percent (5 %) of the
Contributions.
4.
Grants to Recipients
4.1. The Bank shall, as administrator on behalf of the Donors, enter into
grant agreements (the “Grant Agreements”) with one or more entities (the
“Recipients”) for the provision of Contribution funds for the purposes of
this Agreement and on the terms and conditions set forth in the Grant
Agreements. For Recipient-executed activities, the Grant Agreements shall
include provisions to the effect that (i) the Recipient shall use the proceeds
of the grant exclusively to finance expenditures which, among other things,
satisfy the requirement that the payment is not prohibited by a decision of
the United Nations Security Council taken under Chapter VII of the Charter
of the United Nations; and (ii) in the event the Recipient enters into any
sub-grant agreements with other entities to which the Recipient would make
the proceeds of the grant available, the Recipient shall include a
corresponding provision to the same effect in any such sub-grant
agreements. The Bank shall furnish a copy of the Grant Agreements to the
Donors.
4.2. The Bank shall be solely responsible for the supervision of Project
activities financed under the Grant Agreements.
5.
Employment of Consultants and Procurement of Goods
For Bank-executed activities, the employment and supervision of
consultants and the procurement of goods financed by the Contributions
shall be the responsibility solely of the Bank and shall be carried out in
accordance with its applicable policies and procedures. The Bank shall use
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reasonable measures to ensure that payments made by the Bank with
Contribution funds for goods and services procured by the Bank are not
made to terrorists or terrorist organizations.
For Recipient-executed activities, the Grant Agreements shall provide
that the Contributions shall be used by the Recipients to finance
expenditures for goods and services, as the case may be, in accordance with
the World Bank’s Guidelines on “Procurement under IBRD Loans and IDA
Credits” and the World Bank’s Guidelines on the “Selection and
Employment of Consultants by World Bank Borrowers,” as in effect at the
date of the Grant Agreements.
6.
Accounting and Financial Reporting
6.1. The Bank shall maintain separate records and ledger accounts in
respect of the Contributions deposited in the trust fund account and
disbursements made therefrom.
6.2. Within ninety (90) days of each March 31, June 30, September 30 and
December 31, the Bank shall furnish to the Donors an unaudited cash-based
statement of receipts, disbursements and fund balance in United States
dollars with respect to the Contributions. Within six (6) months of the final
disbursement date specified in paragraph 8.1, the Bank shall furnish to the
Donors a final unaudited cash-based statement of receipts, disbursements
and fund balance in United States dollars with respect to the Contribution
funds.
6.3. The Bank shall provide to the Donors, within six (6) months
following the end of each Bank fiscal year, a management assertion together
with an attestation from the Bank’s external auditors concerning the
adequacy of internal control over cash-based financial reporting for trust
funds as a whole. The cost of such attestations shall be borne by the Bank.
6.4. If a Donor wishes to request, on an exceptional basis, a financial
statement audit by the Bank’s external auditors of the trust fund established
under this Agreement, the Donor and the Bank shall first consult as to
whether such an external audit is necessary. The Bank and the Donor shall
agree on the most appropriate scope and terms of reference of such audit.
Following agreement on the scope and terms of reference, the Bank shall
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arrange for such external audit. The costs of any such audit, including the
internal costs of the Bank with respect to such audit, shall be paid by the
Donor.
7.
Coordination and Project Reporting
7.1. The Bank shall provide the Donors with an annual report on the
progress of activities financed by the Contributions. Within six (6) months
of the final disbursement date specified in paragraph 8.1, the Bank shall
furnish to the Donors a final report on the Project activities.
7.2. The Bank shall promptly inform the Donors of any significant
modification to the terms of the Grant Agreements and of any contractual
remedy that is exercised by the Bank under the Grant Agreements. To the
extent practicable, the Bank shall afford the Donors the opportunity to
exchange views before effecting any such modification or exercising any
such remedy.
8.
Disbursement Deadline; Cancellation; Refund
8.1. It is expected that the Contribution funds will be fully disbursed by
the Bank in accordance with the provisions of this Agreement by December
31, 2011. The Bank shall only disburse Contribution funds for the purposes
of this Agreement after such date with the written approval of the Donors.
8.2. Any Donor or the Bank may, upon three (3) months’ prior written
notice, cancel all or part of the Donor’s pro rata share of any remaining
balance of the Contribution funds that is not committed pursuant to any
agreements entered into between the Bank and any consultants and/or other
third parties for the purposes of this Agreement prior to the receipt of such
notice, including the Grant Agreements.
8.3. Upon the final disbursement date specified in paragraph 8.1, the Bank
shall return any remaining balance of the Contribution funds to the Donors
on a pro rata basis. In the event of a cancellation of an individual Donor’s
pro rata share of uncommitted Contribution funds in accordance with
paragraph 8.2, the Bank shall return such cancelled balance to the Donor.
9.
Disclosure
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The Bank may disclose this Agreement and information on this trust
fund in accordance with the Bank’s policy on disclosure of information.
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ANNEX 3
“Description of Expenditure Categories allowed under the Multi-Donor
Trust Fund for the Avian and Human Influenza Facility”
Categories of Expenditure
For Recipient Executed components, all Contribution to the Trust
Fund shall be used to finance all categories of expenditure allowed under
Bank policies, excluding land acquisition.
For Bank Executed components, all Contributions to the Trust Fund
shall be used to finance the following categories of expenditure:
Communications and Translations, Short Term Consultant Fees, Contractual
Services, Extended Term Consultants, Travel Expenses, Equipment Costs
and Media & Workshop Costs.
Notwithstanding the foregoing, the Contribution funds shall not be
used for the procurement of anti-viral drugs.