Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830242340.pdf (Sierra Leone)
Acd 113 AME'.J' L'PP I : ,/V DE MULTINATIONAL PROTOCOL OF AGREEMENT BETWEEN THE REPIJBLIC OF SIERRA LEOI{E ATID TIIE AFRICAN DEVEI,OPMENT BAI\IK AIID THE AFRICAN DEVELOPMENT FTiNI) (ON BEHALF OF THE TRANSITION SUPPORT FACILITY) (EBOLA SECTOR BUDGET SUPFORT - FIGHT BACK PROGRAMME - EFBP) L!AMENT [IBP: 1',:R HllL tR F' --11--D .,...
:rq,-_ h r& PROTOCOL OF AGREEMENT BETWEEN THE REPUBLIC OF SIERRA LEONE AND THE AFRICAN DEVELOPMENT BANK AND THE AFRICAN DEVELOPMENT FUNI) (ON BEHALF OF THE TRANSITION SUPPORT FACILITY) (EBOLA SECTOR BUDGET SUPPORT - FIGHT BACK PROGRAMME - EFBP) PROJECTID No : P-ZI-K0-021 GRANTNO : This PROTOCOL OF AGREEMENT (hereinafter called this "Agreement") is entered into this _day of between the REPI-IBLIC OF SIERRA LEONE (hereinafter called the "Recipient") on the one hand and the AFRICAN DEVELOPMENT BANK and the AFRICAN DEVELOPMENT FTIND (collectively hereinafter referred to as the "Bank") on behalf of the TRANSffON SIIPPORT FACILITY (hereinafter referred to as the "TSF") on the other hand.
l. WHEREAS the Recipient has requested the Transition Support Facility, previously called the Fragile States Facility (FSF) to contribute to the financing of the Ebola Sector Budget Support - Fight Back Programme (EFBP) (hereinafter called the "Programme") as set out in , Annex I, by providing a Grant to it in the amount specified hereunder; 2.
WHEREAS the Programme is a multinational project involving the proi,isibn of assistance to four countries (the Republic of C6te r J&t -2- d'Ivoire, the Republic of Guineq the Republic of Liberia and the Recipient); 3.

WHEREAS the Grant will be provided from TSF's Supplemental Financing Window, designed to provide fmancing supplemental to a member country's African Development Fund allocation; 4.

WHEREAS the Recipient qualifies for supplemental grant financing from the TSF; 5.
WHEREAS the Recipient has declared its commitment to the execution of the Programme; 6.

WHEREAS the Ministry of Health and Sanitation of the Recipient shall be the Executing Agency for the Programme; 7.

WHEREAS the Bank has agreed on the basis, inter alia, of the foregoing to extend a Grant to the Recipient upon the terms and conditions hereinafter set forth; NOW TTIEREtr'ORE, the parties hereto hereby agree as follows: x /6{ -3- ARTICLE I GENERAL CONDITIONS - DEFINITIONS Section 1.01.
General Conditions.

The parties to this Agreement accept a1l the provisions of the General Conditions applicable to Protocols of Agreement for Grants of the Afiican Development Fund, as may be amended from time to time (hereinafter called the "General Conditions"), with the same force and effect as if they were fully set forth herein.

Section 1.02.

Definitions.


Whenever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions shall have the respective meanings therein set forth.

ARTICLE II THEGRANT Section 2.01.


Amou:t. The Bank agrees to grant to the Recipient, from the resources of the TSF, an amount in various convertible currencies not exceeding the equivalent of Two Million Eight Hundred Thousand Units of Account (UA 2,800,000) (the Unit of Account being defined in Article 1, paragraph I of the Agreement Establishing the Fund) (hereinafter referred to as the "Grant").

Section 2.02.

Purpose.


The purpose of the Grant is to finance part of the cost of the Programme as described in Annex I of this Agreement.

r... j4, -4- Section 2.03.

Aliocation.

The Grant shail be allocated to support expenditures related to the budget of the Recipient, in conformity with Arurex I of this Agreement and except for such items as set out in Annex II of this Agreement.

ARTICLE III CONDITIONS PRECEDENT TO ENTRY INTO FORCE AND TO FIRST DISBURSEMENT Section 3.01.
Condition Precedent to Entrv into Force.

This Agreement shall enter into force upon its signature by the Recipient and the Bank.

Section 3.02.

Conditions Precedent to the Disbursement of the first tranche of the Grant.
The obligations of the Bank to make the disbursement of the first tranche in the amount of One Million Four Hundred Thousand Units of Account (UA 1,400,000) shall be conditional upon (i) the entry into force ofthis Agreement as set forth in Section 3.01 above and (ii) the submission by the Recipient of evidence, in form and substance satisfactory to the Bank, of the fulfilment of the following conditions: (a) Provide evidence of the existence of a consolidated revenue account in a bank in Sierra Leone acceptable to the Bank for the deposit of the Grant; and ,h JS{ -5- (b) provide evidence to the Bank of the measures taken to ensure protection of health workers.
Section 3.03.
Conditions Precedent to Disbursement of the Second Tranche of the Grant The obligation of the Bank to make the disbursement of the second tranche in the amount of One Million Foru Hundred Thousand Units of Account (UA 1,400,000) of the Grant shall be conditional upon the submission by the Recipient of evidence of the fulfilment of the following conditions: (a) conhibution of at least 50% of the amount of the first tranche of the Grant to the Health Emergency Account; and (b) having put in place a plan for emergency distribution of food aid and agriculturai production inputs to affected communities.
ARTICLE IV DISBURSEMENTS AND APPLICATION OF AMOUNTS DISBURSED Section 4.01 .

Disbursement.

The amount of the Grant shall be disbursed by the Bank in two tranches, in accordance with the provisions of this Agreement and the General Conditions with the objective of contributing towards the financing of the Recipient's budgets for the Financial Years 2014 and 2015, subject to the provision of Annexes I and II ofthis Agreement.

6t JS, -6- Section 4.02.

Closing Date.


The deadline for the request by the Recipient ofthe final disbursement shall be 31 December 2015 or such later date as shall be agreed upon between the Recipient and the Bank.

Section 4.03.

Application of Disbursements.

Amounts disbursed on account of this Agreement shall be applied by the Recipient solely for the purposes for which they were disbursed.

ARTICLE V AUDIT Section 5.01.

Audit.


Audits will be conducted by the Accountant General within the scope of its annual Iinancial audit of the Consoiidated Fund as well as audits of individual ministries.

The aru:ual financial statements produced by the Accountant General will be subsequently audited by the Auditor General.
The Executing Agency will be required to share copies of their audited annual financial statements for the implementation period once these are cleared for distribution by the Auditor General.

ln addition, a private audit will be conducted by the Auditor General within six months of the end of each financial year previously audited.

,h Js( -7 - ARTICLE VI ]\{ISCELLANEOUS PROVISIOn-S Section 6.01.

Authorized ReDresentatives.


The Minister of Finance or any other person as the Minister may designate in writing shall be the authorized representative of the Recipient.

Section 6.02.

Date of the Agreement.

The date of this Agreement shall be the date provided in the opening sentence of the preamble hereof.

f -,lfl{ -8- Section 6.03.

Addresses.
The following addresses are specified for purposes ofSection 9.01 ofthe General Conditions: For the Recipient: For the Bank: And the Fund Mail Address: Ministry of Finance and Economic Development Treasury Building George Street Freetown SIERRA LEONE Tel: (232) 22 22 56 12 Fax: (232) 22 22 83 55 Mail Address: African Development Bank African Development Fund Immeuble du Centre de Commerce Intemational d' Abidj an CCIA Avenue Jean-Paul II 0l BP 1387 Abidjan 0l COTED'IVOIRE Tel : (225) 20.26.44.44 F ax:(225) 20.21.3 1 .00 1225 20.3 3.
8 5.05 / ,/s\ -9- IN WITNESS WHEREOF the Recipient and the Bank, each acting ttrough its authorized representative, have signed this Agreement in wo originals in English.
FOR THE REPT]BLIC OF SIERRA LEONE J'r*,d;Cb^,^ KHADIJATU BASSIR AMBASSADOR OF THE REPUBLIC OF SIERRA LEONE TO SENEGAL FOR TIIE AFRICAI\ DEVELOPMENT BANK AND TTTE AFRICAN DE\MLOPMENT FUND (ON BEHALF OF THE TRANSITION SUPPORT FACILITV DONALD KAB PRESIDENT -10- ANNEX I PROGRAMME DESCRIPTION The Purpose of the proposed emergency programme is to support the efforts of the four targeted countries in controlling the Ebola outbreak, mitigating its socio-economic effects and enhancing their preparedness.
The programme will support C6te d'Ivoire, Guinea, Liberia and Sierra Leone's efforts to overcome the effects of the Ebola epidemic and foster momentum toward inclusive growth and poverty reduction.

The Operation has a specific aim to support the capacity of beneficiary countries to handle similar events in the future.

It is complementary to Ebola operations previously approved by the Bank Group, as it addresses the economic impact of the epidemic and its consequences on govemment revenues.
The Programme prioritises two components critical for the enhancement of response and preparedness capacity: (D enhancing systems and human resources; and (ii) ensuring appropriate Nutrition, Food Security and Social Protection.

h J& - 1l - Each of these two components entails measures touching upon both the short term management of the crisis and the longer term capacity building preventing similar shocks in the future.
The Programme will contribute to funding the execution of the Recipient's budgets for fiscal years 2014 and 2015. pr T: -12 - ANNEX II LIST OF NON-ELIGIBLE EXPENDITURES 1.
LuxuryGoods; 2 J 4 5 6 7 Raw or unmanufactured tobacco, tobacco scraps or wastes; Manufactured tobacco (even containing tobacco substitutes); Radioactive matter and associated products; Real pearl or cultured pearl, gem stones or items considered as such either raw or refined; Nuclear reactors and their parts and spare parts, combustible elements not exposed to irradiation (cartridges for reactors); Gold jewel or metal of platinum family (except watches and watch cases) and jewel articles (including glazed precious stones); 8.
Gold, for non-monetary purposes (excluding minerals and gold concentrates); 9.

Arms, ammunition and other military equipment; and 10.

Environmental ly h4zardous products.

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