metadata: authors: 0: author: The World Bank Legal Department
count: World
docna: 0: docna: The World Bank and legal technical
            assistance : initial lessons
docty: Policy Research Working Paper
subtopic: Economic Conditions and Volatility,Judicial System Reform,Private Sector Economics,State Owned Enterprise Reform,Public Sector Administrative & Civil
            Service Reform,Private Sector Development Law,Privatization,Energy Privatization,Marketing,Law and Justice Institutions,Democratic Government,Economics and Finance of Public
            Institution Development,Public Sector Administrative and Civil
            Service Reform,De Facto Governments,Justice for the Poor
teratopic: Public Sector Development,Law and Development,Social Development,Finance and Financial Sector Development
abstracts: cdata!: Over the past several years, World Bank
            member countries have increasingly sought Bank assistance in
            improving and reforming their legal systems.  This paper
            catalogs the scope and breadth of such assistance and
            outlines some lessons the Bank has learned.  Countries with
            long and established legal traditions usually seek help only
            in specialized areas of law, and in strengthening the
            judiciary and establishing alternative dispute resolution
            mechanisms.  In countries with lesser developed legal
            systems, legal technical assistance may range from policy
            advice to assistance in drafting legislation, introducing,
            implementing, and enforcing new laws and regulations,
            devising procedures and institutions that carry out new
            laws, designing public information campaigns, and training.
            Lessons the Bank's Legal Department has learned
            include: 1) each country must make a choice about the
            direction of its legal reform and must assign its own
            priorities to reform needs; 2) the Bank-financed assistance
            should fit the country's needs as well as the
            Bank's strategies.  Countries usually benefit from
            diagnostic studies or sector analyses; 3) the Bank may not
            be involved in financing legal reform activities unrelated
            to economic development; 4) legal reform is complex and
            long-term.  Except for urgently needed legislation, the most
            suitable lending instruments for legal technical assistance
            are usually those that disburse over a longer time or,
            alternatively, a series of lending operations;  5) the
            Bank's support for a stable, predictable business
            environment free of government arbitrariness may well
            include assistance to the judiciary of borrowing member
            countries; 6) countries are often reluctant to borrow for
            legal technical assistance.  This is especially true for
            borrowing from the IBRD (rathen than IDA); 7) recipient
            governments must demonstrate a clear commitment to legal
            reform and take ownership of legal reform for legal
            technical assistance to bring about the desired results.
            Broad participation by members of local legal professions
            should be sought; 8) for legal technical assistance to
            succeed, there must be proper counterparts in the government
            implementing the assistance.  Some countries may benefit
            from establishing legal reform units to coordinate economic
            and legal reform and to prevent duplication of legal reform
            activities; 9) for quality legal technical assistance at
            affordable rates, it is important to diversify the selection
            of advisors to include local lawyers as well as consultants
            from different legal systems.  But the selection of
            consultants should be consistent with the direction of legal
            reform chosen by the country; 10) training activities
            adjusted to local conditions are essential if legal
            technical assistance is to have a lasting impact.
repnme: repnme: The World Bank and legal technical
            assistance : initial lessons
display_title: The World Bank and legal technical
            assistance : initial lessons
listing_relative_url: /research/1995/01/697747/world-bank-legal-technical-assistance-initial-lessons
topicv3: Macroeconomic Vulnerability and Debt
            m1326057 1104,Private Sector Development m1326060 1921,Justice m1326106 840,Privatization m1327236 1283,Access to Justice m1327477 942
publishtoextweb_dt: 2010-07-01T00:00:00Z
historic_topic: Public Sector Development,Law and Development,Social Development,Finance and Financial Sector Development
origu: Legal
no_of_pages: 100
model_extractions: POLicy ResrARtCH WORKING PAPFiR 1414

# Summary findings

Over the past several years, World Bank member countrics have incrcasingly sought Bank assistance in improving and reforming their legal systems. This paper catalogs the scope and breadth of such assistance and outlines somc lessons the Bank has learned.

Countries with long and established legal traditions usually seek help only in specialized areas of law, and in strengthening thc judiciary and establishing alternative dispute resolution _mechanisms._ In countries with lesser dceveloped legal systems, legal technical assistance may range from policy advice to assistance in drafting legislation, introducing, implementing, and enforcing new laws and regulations, devising procedures and institutions that carry out new laws, designing public information campaigns, and training.

Lessons the Bank's Legal Department has learned indude:

* Each country must make a choice about the direction of its legal reform and must assign its own priorities to reform needs.

* -l he Bank-financed assistance should fit the country's needs as well as the Bank's strategies. Countries usually benefit from diagnostic studies or sector analyses.

* The Bank may not be involved in financing legal reform activities unrelated to economic developmenL t

* Legal reform is complex and long-term. Except for urgently needed legislation, the most suitable lending instruments for legal technical assistance are usually those that disburse over a longer time or, alternatively, a series of lending opertions.

* The Bank's support for a stablc, predictable business cnvironmcnt frce of government arbitrariness may vwell include assistance to the judiciary of borrowing member countries.

a* Countries are often reluctant to _borrow_ for legal technical assistance. This is especially true for borrowing from the IBRD (rather than IDA).

* Recipient governments must demonstrate a clear commitment to _legal_ reform and take ownership of legal reform for legal technical assistance to bring about the desired results. Broad participation by members of local legal professions should be sought.

* For legal technical assistance to succeed, there must be proper counterparts in the government implementing the assistance. Some countries may benefit from establishing legal reforin units to coordinate economic and legal reform and to prevent duplication of legal reform activities.

* For quality legal technical assistance at affordable rates, it is important to diversify the selection of advisors to include local lawyers as well as consultants from different legal systems. But the selection of consultants should be consistent with the direction of legal reform chosen by the country.

Training activities adjusted to local conditions are essential if legal technical assistance is to have a lasting impact.

This report was prepared by a task force established by the Scnior Vice President and General Counsel and consisting of Andres Rigo, Andrew Vorkink, Jean Francois Dupuy, Tercsa Genta Fons, Roberto Laver, Natalie Lichtenstein, Katarlna Mathernov., David Mead, T. Mpoy-Kamulayi, and Doniinique Bichara Ms. Mathemova is the principal author of the report. It is part of a departmental series to provide information and analysis of legal issues relcvant to the Bank's developmental mandate. Copics of the paper are available free from the World Bank, 1818 H Street NW, Washington, DC 20433. Please contact Katarina Mathernovi, room MC6-444, extension 82782 (87 pages). January _199S._ _ihc Po Research y Working Paper Sc dhissemina rs progss to Cenurage rct_ **_h_** _ae of idtas al developmext usue An ob;uctw of thecseis is sOget the fmnding oasquidWy, eve if the presrentaons are kss than fully polishe Thc papers carry the names of the authors and sbould be used and cited accord;agly. Thc SCdngs,_ interpretations, _and coxcdusions are the auitbors' own and should not be attributed to thc lVorl{ 1ank, its Executive Board of Directors, or any of its member comtnci_ Produced bvr the Policy Rcscarch Disscmination Center
# THE WORLD BANK AND

LEGAL TECHNICAL ASSISTANCE: **Inmitial** Lessons The World Bank Legl Depaten
lTs report was prepared by a task force established by the Semior Vice Presdt md Genra Counsel and cnsing of Mr. Andres Rigo, Mr. Andww Vkmink, Mr. Jean Fncos DuWy, Ms. Teresa Genta Fons, Mr. RobertD [ver, Ms. Natie Lchtestn, Ms. Katra MAt*eov M. David Mead, Mr. T. Mpoy-Kanmdayi, and _Ms._ Dominique Bicham Ms. M-athe ovi is tie principal authr of the repor.
# **PREFACE**

This repo is being published in a seies of staff publications by the World Bank's Ingal Department which are inueded to provide information and anaysis of legal issues reant to the Bank's dee ental mandate. The report is an effort to synheize the acquired an addrs issues and dilemmas involved in the financing of techical asitn in legal refom ef in its borrowing members.

The recent rergn Ziution of the Iegl Depaqtment is, m part, a recognition of the incsed involvement of the World Bank in asdsin its members' efforts towards legal and judiciary reforms. A new positon of Asistant Genea Counsl for Legal Reform and Adviso Services has been created to provide a strategic and conctua focus for hs purpose. Mr. Andre N. Vodkink has asmumed this position and any quesdons on this rport or on legl technical stance eforts in generl may be kddressed to him.

abhim F.I. Shihath Senior Vice President and Generl Counsd The Word Bank
# THE WORLD BANK AND LEGAL TECENICAL ASSISTANCE:

# Initial Lesons

## CONTENTS

|**XE~~IClJ'I'PiE**<br>~SUMMARY<br>.**.......................<br>i|
|---|
|A. BANK'S**INSTRUMNIENTS**<br>F1OR LEGAL**T1ECHNCAL**<br>**ASSESTANCE**..... 2|
|1. Adjustnent Loans<br>................................<br>...............<br>2|
|2. Investment LoAans..............**.**...............................<br>3|
|3. Free Standing Technical Assistance and Institution/Capacity<br>BuildingLoans<br>.....................................<br>..........<br>4|
|4.Grant<br>Funding<br>...................................................<br>.<br>_5_|
|S. Legal<br>Technical<br>Assi nc Not<br>Related<br>toProjects<br>........**.**...............<br>_5_|
|_6._Mobilization<br>ef ExeWalDonor<br>Resources<br>..................................<br>.<br>6|
|B. ISSUES<br>AND DIL EMMAS INVOLVED IN LEGAL TECHICAL<br>ASSIS'1TANCE<br>................................................<br>7|
|1. Choice<br>of Dirwction<br>of its<br>Legal<br>Refornm<br>.. ...................................<br>9|
|2.Prioritizing<br>ofealReforms<br>..**..**....**..**...**.**..................<br>o....<br>...<br>..<br>11|
|3. Linmitations<br>on Bank's Role..............<br>...<br>13|
|4."Ownership"<br>of thegale<br>Reform<br>Process<br>..................................<br>1<br>8|
|_5._Coordination<br>ofLegal<br>Technical<br>Assistance<br>.................................<br>19|
|6. Broad<br>Participation<br>in<br>Legal<br>Technical<br>Assistance<br>.........................<br>22|
|7.ProvisionofLe.galServices<br>...................<br>.<br>..............<br>24|
|8. ILong-ternm<br>Sustainability<br>ofLegal<br>Refomrs<br>........................<br>..<br>.25|
# C. RECOM ENDATIONS **AND** lIPLICATIONS ............................. **26**

<!-- Start of picture text -->
1.  Recoummendations forBank  member countries implementing<br>legal  reforms  ........  ..............................  ......  26<br>2. Recommendations for the Bank as a provider of<br>legal ICChIIicassist a nce ,................... l  27<br>3. Conclusion  ....  ...  27<br><!-- End of picture text -->
|II I;~~~<br>6~~|~~~~~~~~c<br>C|
|---|---|
- (iv) As a rsdt of the experinc of the Bank and its Legal Dqptment in financing legal cuical as siae, several important lessons have been leamed, among them:

- Each country needs to make a choice about the direction of its legal refonn.

- Mm assistance financed by the Bank shoud fit with the needs of te country as weU a with the Bak's country assistance strategies. Countries usualy benefit from prior diagnostic studies or sector analyses.

- It is impolrnt for the uccess of lepl reforns that each country priontse its refbrm needs to reflect the pardtcar circumstances of that country.

- a In designing legal technical assistance projects it is impotnt to bear in mind that the Bank may not be inwldved in fiancing leal reifrm activities that do not have a dect and obvious link to economic development.

- I The lcas<sup>t</sup> support for a stable and predictable business envirm nent fre of g,overmntal arbitrariness may well include assistance to the judidary in its borrowing member counlries.

- Lga refonns are complex and long-tenn efforts. Therefore the most suitable nding instruments for leg technical asistance, odher than urgently needed

- legslion, are usually those that disburse over a longer period of ime or, alternatively, a series of lending operations.

- Coumtries are often reluctan **t** o bonow for legal technical assisne. This is particularly true for _borrowing fiom_ nthe _IBRD (rher tan_ IDA).

- In order for legal tehn assistance to bnng about the desred results, the recipent governments need to demone a clear commitmt to legal reform and take full ownership of the legal reform process.
# Hi

- It is crucial for the sc of leg tchnical assistance to have proer countaparts in the govemment impeting such asstac Some countres _may_ benefit foni the esblishment of legal form units within the parer govments at coordate between economc and legalr elms **in** order to asure continuity and avoid duplication of legal refom advities.

- Because of its global scope and in iplinary ex se, the Bank is wel poaiioned to act as a coordinatr of extenal gl technical assistance in its boowing member countries.

- Broad prtict of mmben of local legal pofesi asst in the acceptac and long-term sustainability oflegal reforms.

- For quality legal tehnical asssne at affrdale te, it is imporuant to diverify the selection of advisers to include local lawyers as wel as nsutants frm different ll sysems. The selection of consln showld, howevw, be oonsstent with the chosen direction of te country's legal refoms. **_A_**

- hoIn e for legal tecal asisance t have a lastingpia an a omtry, itis impative to include taining activites which need to be adjusted to local conditions. ''
# **TBE** WORLD **BANK** AND LEGAL **CHICAL ASSNSrANCE:**

## **Initial** Lmons

The mandat of tie World Ban (the Bank) as a develpment institution is to foster hie reconstuction and development of its member coutoies by "faciliting tie invent of cpital for prodUctiVe pZposeS*<sup>1</sup> Te Bnk rrie out its madte many by fiaig Specific investrent prMoecs, including _and_ h proects in a number of fid.

Over the last decade, esecialy in policy based lnding piios, e Bank has extended its d mandate to t lgal aea, and has resoded flambly to borown mmber ountries' requests for technical asssne in tir lega eform efforts. The Bank recognizes hie signficant role hat law can play in fost econo"c devepmt and has orted an increasing number of proects aimed at the develpmt of legal fimewrw s in the Bank's borwing cour.ties. As noted by the Vice Presdnt and General Counsel, in order for counts to successfully implepment fundamental pocy chnges i the ecomi sphea% te ofte need to undeke equaly fndamenta rfonm me overd W and institt fnworL' In recent years, te Bank has expeied a sigficant increase in the demand for financing asistne for legal reforms in its boowing member cooies. This incre can be attributed to sevwal factors: recognition of fte relatonstip between law and development; shift in many economes from state control to marlew based activites, where the existing legal _ystem_ may be I In this paper, the tem flank when used in tho text refers bot to the lemtidnal Bak for Ronsmtio and Daveopm.t (IBRD) ad its affiliate, the _itenum l DevelopmNt _Auocatic_ (IDA). Both institutidoS provide loin (in casn of IDA thoy are called "credits) to eligible immber co_ntis. Also, the **tam** 'lon' when ued in the text efes bohi to lowns provided by IBRD ad credits provided byr IDA. 2 Amticles ofAgreement, _AL_ 1. I.F.I. Shihat., The ouk and Privte Swt Deveomee in Th World Bak in a _haniun Wpqdd, Maszt NijhoffPublishen 199Q, Chapter 6, Pat m.
2 inaequa to suppt pzivate sector actions; and grea emphass on govrnane issues in boowing countries.

# A. BANK'S INSTRUMENTS FOR LEGAL TCNICAL ASSISTANCE4

To support legal and reguatory refrm acdvies, fte Bank cntly uilizes sevea nding insuments, as wel as gmant funding. Ihe lending inruments include adjusment loans, legal components of investmnt loans, and froe standing technical assistance and institufion capacity building loans. ln addition, Bank staff cany out legal studies and pvde kgal advice on geneS lea isues in counts, quite apart frm speific lnding opwations. The Bank also acts as a bilizer and coordinat **o** r fassistance from oher sources.

he origi of the Bank's involvement in suppoting legal refonn go back to die early 1980's when _te_ Bank introduced a new type of eknding instnent - _atujmm_ km. mese loams finance gene imports by the borrower pursuant to a reform program agreed upon with the Bank. The impnt are often unspecified, except for restictios on a negative list Originally, adjustment prgms included only m ic policy conditions. As the adjushment proams developed, the Bank recognized that in order for econoc policy refoms to be sustnable, they need to be accompanied by modificatioms in the insfitutional frmeworks, including the legal and reguatory franwworks of the partca sects of the economy in which policy changes were being implemented. The Bank then sarted to condition its lending upon the adopion impl tin by the borwig govments of certain laws or reguatons that reflectd the polies ageed upon with the Bank. In ts process, the Bank commets on fte _4_ For a **deailed wmmay** of **_fth_ Bank-financed** legd **tchnicl uistae** pmjecsm M **Table atthed** Annx 1. **The** Table includes lega technical assistance **projects** financed, **des"** d **or admisered by the lanl.** It **lists only a few** of **the refor nmmes** rdated to **lea isse** under **adjustmt loans, ad contains** only **_few_ easap!es** of **lega tehical assistanc not relaed** to **ipecific** prqects. **It should** be **noted dtt** conditionaity **related** to **leg** or judicial reforn **hs been part** of **a** much greater **number** of **Bank adjusment loans than thoe mentioned in Annex** 1.
3 proposed laws and regullatons or amendments thereto prepared by te govanments of te borrowing members to ensure dth they conform to the objectves of the ecnomic poicy changes agreed upon with the Bankl Ov he ys, legal conditionality in adjustment loans has become more spefic an frquent. For example in _Bin,_ a codition of the second tance reease of the _Second Smu lrd Adisunen Crdi (CMO No. 2283-BEN)_ called for specific **measutes** to enance the recovey of bank loans, **_induding_** reform of levant judical procedures, land titlecords, and cmmecia **_laws._** n _BoIn ia, the Snwvd k umnm Crwi (Ck_ **_No._** _2298BO)_ included c conceing the enactmt of new badnng laws and regulafions for te enforcem t of such law. In the _Pilippines, the FTndnal Sector Ajusunent Loan (Loan No. 3049-PiJ)_ incuded conditionality cocering a revision of a 1905 bankruptcy law to make it less punitive and m- rehabilitative todebtors, thus semng the interests of both debtors and creditors.

_Structual_ or sectoa ajustment conitinality proved to be an edfcive way for the Bank to encourgp its borroing meMbcrs to introduce necessy changes in their legal fiamewok. Such codiity, however, canot address legal reform needs of bonowing countries in a comprehensive maunner.5 Legal refom ta are usualy of a long-term nature Adjustmts loans are, by definition, fast-disbursing ation, the execution of which aredy affrds ugh ime for the Bank to engage in a conprehensivl **e** gal assistance program. In addition, adjustment loans do not specificaly provide funding for the costs of legal reorm programs. Threfore, the Hank over the last several years has turned to aitional lndg insruments throu which it finances mo compehnsive and in-dep lega technd assstac to its borrowing members.

# 2. **lovesnent Lem**

Frequenty, project or sector invesmt loans contain finds for dismcte legal tchnical assistance tasks, especially in situations where an insufficient legl and regulatory framework hinders the development of the sector. In _Hondws, the Founk Agflcdtul Owr Project (La_ 5 Admittedly, economic conditioality in adjustmn opetons, the purpose of which is frquny tighter budgetuy measures, can somem have an unintended negative impact on the operation of a legal sysm. For example, in Camroon, a structural adjustment loan resulted in a large decrease of the number of civil serans including judges. Moreover, in seveal Africa countries tfight budgetauy policies **agreed** upon wilb the Bank contributed to the interuption in the issuance of Official Gazettes.
4 _No. 291-HO)_ fiuded lgal uas e in con with die rview and desg of pe rights, title recording and mortgages. In _iwya,_ dhe _Para l R amd Pdw itizad P?hject (Ord& No. 2440-IE)_ financed a study including a comprehensive eview of die laws of Kenya affecng the deveopment of the privat sector and the restr g of public entpises. In _India,_ the _Maharhtira Power 11 Project (Loan . 3498-IN)_ fimded an nstutonal review of India's power sctor. In _orocro, the Land DveWopuem for LowIlnme Famlies Pect n No. 3618MOR)_ prmvided finances for t rview of the legd frmework gvrin land acqtionm and resetlemernt. In _Russia, the HighIW Rwbtadon Aw MYraawce Project (a No. 370-RU)_ finanis assisnce in drafting tnoao legison and regula 3. _ _ _ _ _ _ _ _ Over the years, the Bank has pwvided funding under fieestanding tchnia assistmce los to support the **instutonal** dims of stuamul and sector prgams, and to fahcilitae the buildup and stWegteng of insitutin necesury for a succes im m of nadetoreted refoms and for econmic develqpment in general. Techical assLsance las fequ y coain sepat legal componts tat pvide funds for assisance in differnt aspet of counties' **legal** fms. Among **tie** first of such **prqecs** was **the** 1988 _ecid Project Pqpradon Fadly_ gant tD _Guie_ wlich fimded the _prepwaon_ of a leg mpot in the _Second EFonc Managmnt Suppon Project (COdv No. 1963-GUI)._ Tis prject fuded asiam in the **issemnion** and **publication** of legl irmation. In o **instances,** _Angola,_ fthu the _Econmi Management Capadty Buid Project (Credit No. 2274-ANG),_ receved fimding for a revie and drfing of com al, finanl, ainisve and pr m t lesaion; strengthening the capabilities of venmenta **lega** servies responsible for the introdution and implementaton _of_ new laws and rgultons; and the e of new poedues for the disseminatn of new leglation. In _Annna, the uon uidng Ftiect (on_ . _3585ARAJ_ inc luded tae in the rmew and drafting of econoic eiati. The _Tenical Asriuace Project (LoaNo. 3648-ES) in El SadV4dor_ proided fOr the prpartion of environmentl leesation. In _China,_ a free-stading legal tehical assistance project, the _Fxonmi Law Rebrnm Project (Cnd No. 2654-CHA) encompasses_ ubqects tD assist drffng of key economic kws, sub-projects to devlop new lea aining opprnitie, and institutonal spport to te leal agencies.
**5**

# 4. -Gmnt bdiu

Apart from lending operations, the Bank has a limited supply of grant funds. In 1991, the Bank signed a _Techncal Cooperaown Agrnen_ CITCA) with the _Sowet Union_ to provide $30 million in grant assistance, including legal technical assistance, to the _Sove Union_ before it became a member. After the December 1991 break-up of the _Souiet Union,_ the recipients of such technical assistance became _Russia, Khawkh , the Kyrgyz Republic,_ and, to a lesser extent, Belas. The TCA funded assistance in the draftng of bang legisation **in** _Aussia, Knahstan_ and the _Kyrgyz Republic;_ petoleum and foreign investment legidation in _Rsia_ and _;Kazakw;_ and pratzafion regulations in _Ri&a._ In addition, in 1992, the Bank established the _Insaional Dewlopmenm Fwid_ ([DF) which provides tchna asstance grants to eligible members. Unlike the TCA, IDF grants are available on a geographically non-rticted basis. For example, _Argentn_ is iementing an IDF grant (No. 28725) for sector work on the judiciary. _Egypt_ is implementing anIDF grant (No. 28749) for the preparation of antitrust and anti-dumping legiaton _studies; India_ is implementing anIDF grant (No. 28773) for the legal work srunding the intwduction of value added tax; _Latva_ is implementing an IDF grant (No. 28727) for a review and analysis of legislon conducive to pnvate sector development; and _Lebwwn is_ implementng an IDF grant (No. 28758) for a review of commerial, financial and investment laws and regulations and training of judges in these areas of law. A number of fonnerly command economy countries are implemenIng IDF grants to review and/or dsign their procuement laws.

## 5. Leul tecdmical assistance **oot related to projects**

The Bank staff is also involved in a vaTiety of leg tehnical assistance activities which are not directly related to specific prcoects. The Bank's LegI Department isfrequently called upon to provide policy gidance and advice to the Bank's operational staff and the Bank's borrowers regding legal reforms in diffent sectors in boowing countries. The Legl Department's staff comments on draft legislation prepared by the governments and, more importantly, provides compamtive information to countries on the developments in the legal frameworks of different countries. For emple, the Bank recently assisted _CZile_ in the development ofa new legal and
6 regulatory framework for the natural gas sector. The Department provided extensive comments on a draft telecommunication law in _Ghawa._ In _7hailand,_ the Department provided legal advice on ways to promote private sector participation in the stat enterprise sector. In _Bangladesh_ and _Colombia,_ the Departnent commented on new electricity laws, in _Lidiuania_ and _Poland_ on new energy law, and in _Argentina_ on antimonopo **l** y egislation. In _Ukraine,_ the Department provided legal input on the formulation and implementaion of Ukmine's mass privazation progam. Even if not direcly project-related, the above advities assit countries in the development of wellfunctioning legal frameworks. Sometime **s** , uch assistance results in future projects financed by the Bank. The Bank also orgaz confeences, seminars and workshops either in its headquartes or in borrowing counties concentrating on particuar areas of substantive law or aspects of legal reform.

In other instances, the Department conducted analytical and diagnostic studies of paricuiar aspects of its boronving members' legal systems. For example, in _hndonesia,_ in colliboration with the country department in Operations, the Legal Departmt conducted a commerial law reform study focusing on companies and secured tansactions laws, dispute setement mechanisms and access to legal infonnation. In _Mozambiqu,_ the Bank did analytical sector work for capacity building which included legal aspects. In _Namibia,_ the Bank did an analytical study focusing on intemal organiion of the legal reform tasks within the govment. In adition to the above, the Bank carries out specal legal technical assistance activities for its borrowng members. For example, in the _Occqpied Temrones,_ the D qamet reewed the basic documents for the operation of the Palesdnian Economic Council for Developmnea **n** d Reconstruction. t In _Yiet Nam,_ the Department has prepred and published assessments of the transforming legal systern and advised the govemment and UNDP in formulation and implementati **o** n f a legal refom prcject.

# 6. Mobilization of external donor resources

Apart from disbursing its own funds, the Bank acts as executing agency for projects financed by a variety of donors, including the United Nations Development Programme (UNDP) and bilata donors. For example, UNDP funded a Bank-executed comprehensive legal tlchnical assistance component as part of an overall _New Econonmc Mecanm Progran Support Project (LAO/0210041B/O1/42)_ in _the Lao People's Repblc._
7 Baeral grants, for example from Japan, usually fund project prepaati activiies, which may include leg astne, in eligible member comunries. A number of cowuntries have recved Japanese gmnts to s or teir legal rem efforts. For example, Japanese gats for _Boliva, Jamaica, Morocco, NMaragua, Sr Lanka,_ and _Vw Nam_ funded leg technicd stc m connection with privatization, enterprise restcuring, and the development of private entpdse and banldng sectors.

B. ISSUES AND **DILEMMAS** INVOLVED IN **LEGAL TECNICAL** ASSISTANCE6 Every socety needs to modify and refonn its legal syst-n from ime t bm Typically, such adjustments and modficains merely involve dhanges in lgsai, statuts and decrees which enable comtnries to reflect in geneally binding nons the costantly evolvig nature of their societies. Th more changes in the political, social or eomonoc spheres a country goes through, the more pressing is the need to reform the legal framework to reflect thes Whie this apples to almost every comutry in the wodd, it is espeily valid in countries that went through or are undergoing systemic and suctal transformatio of their socio-poltica and onomic systes such as those in Easten Europe, F the former Soviet Union, and pat of Arica.

Befire descibing the various issues involved in providing and implenting legal ical asistance, he smope, contet and objecies of legal rem shou be considered. When a country undetks a legal refaom program, it usually stat with changes in legLlaton, m substanfive and procedual laws and reguations, i.e., in the nmi<sup>7</sup> tat govern the society. The lgal system, however, canmt funcfion without M i tat mae these rules come to life hirough their enactmt, implementatioa **n** d enforcemt; and without instions at make these processes fncion. Theref, legal reform cannot be confined Only to the dfidng and enactment of legislaton; it is crucia for the success of legal reform effts ftat, apart frnm nl mesur, 6 This paper focuses on issues that arise in the context of financing and provision of legal tewhnical assistance to Bank bonowing countries. It is not intended as a discussion of the broader questons on the substace of legal reform in general.

Rutles are understood in this per in a broad sense; they are not limited to legislation eacted by parliaments. They also compnse statutes, decrees, ordics, regulations and the like iswed by the executive branches or local administrations as well as enforcement mechanisms, including societld attitudes towards the nile of law.
a they also comprise administative and iuidal reforms which ensure that the legslafive changes a country intduces are implemeted and enbrced to see ther purposes.' This paper recogizes that legal reform is an area separte and part from economc and social reforms. Despite the exisrence of good laws on fte books, h fha remains that the nodon of the rule of law in a society is fequently not applied. The factors that explain sch lack of effectiveness of law many imes transcend the noion of inadequately developed proesses or nonfunctioning institudons. Effectiveness of a legl system requires additional fcors beyond gimvi the process for implem ion and enforment of nrles and the tchnical capabiliies of the institutions in harge of such processes. The scope of this paper, however, does not lend itself to a multidiscipliy analysis of all of the different elements that facilitate a poer functoning of lea sySteML The existence of a system 'based on abstract ndes which are acally applied and on functioning institutions which ensure the proper applcaon of such rlesu<sup>9</sup> is also inport for econoc growth and devpment and social progress, including the allevaton of povrty. "[lJn particular, the econoniic reform poLicies introduced by many of he _Bankes_ membe and supported ffirough Bank opwerations cannot be implemented effectively if _these_ reform measures are not transated into workble nrles and applied by _fiunct_ g insituions **_in_** a proper and [efficient] manner."<sup>10</sup> Ideally, legal refom should address all the ftre dlements simlnecusly.

The issues arsing in the context of legal echnial assistance described in this paper result from the Legal Department's reflections and experience acquired though its engagement in legl technical assistance activities in support of legal reforms in borring member countrieL At his time, it may be prmature to undertk a comp ivevaluation of the effectiveness and sucess of the Bank's legal technical assistance activities in most of the descrbed projects. In light of the long-term natue and complexity of the legal reform process, any evaluation will requie furher

**8** For a more detailed discussion, **see** I.F.I. Shihata, ludicial Reform in Developing Countries and the Role of the World Bank in Festsibrift fir Ottorandt Glossner Zum 70 Geburstau (1994) at 367, 368.

I.F.I. Shihata, Issues of 'Govennance of Borrowing Members. The Extent of their Relevance uder the Bank's Articles of Azeement. Sec. M 91-131 (Febnuay 5, 1991), p. 43, published in Shihata, The World Bank in a Changine World (1991) [hereinafter Govemance Issues'].

le A. Rigo and H.J. Gzuss, The Rule of [w, World Bank, Legal Department, Washingtn, D.C. (1991) at 35.
9 expenence as well as the development of clear criteria by the Bank against which the success and effietveness of legal technical asistance will be measured. Even now, however, it is poible to judge whether the lega te c assince tasks have bee accomplished and whether ftey have been done well. Such reflection enables th Bank to fiuher ident ie tat arise in the contat of fimding legal technical assisance which, in turn, helps to design and develop state for future legal technical assistance activities or projects.

The following are issues that fiequently come up in connecton with assistance rendered to legal refrm activities in the Bank's borowing members. When describing and analyzing legal technical assistance, it is impt to bear in mind the different stages of deelpmt of legal systems among varous comnies. While some of the ouitl issues are univemally applcable to all development efforts, ote are gemane only to legal refrm, and yet ote are ptint only to specfic countries, regons or legal systems. When applicable, this paper will attenpt to makm the disinctions.

# 1. of directon Of ha oChoie _eom_

(a) Before laulching copehensive legal reforms, each sodety has to make fundamental choices about the stcure and direction of its legal system. These should be guided by the lega as well as social, religious, csmary, geographic and ioical traditions and cha of the country. As discussed previously, the legal refonr needs of ountries vary significanly, based on the different stages of development. They range from partial, mosdy sctoral, reforms to comprehensive, broad-based legal refrms. In the first insnce, settng objectives and designing specific legal technical assisnce progams does not pose parcular conceta dilemmas. A quie different situation arises in the latter instance, in the case of cntes that are conteM ing a complete overhau of their legl systems. Outside advisers play a usefid role in 'informing3 the decisfion-maldng proes, but the choice of a particular model for the country's legal system shoud ultimaty be made by the authorities of the country. The imortance of choosng a pacular model and following it consistendy results fom the fact that in many countries legal thnical assstance is being provided from a vanety of sources and frequendy without proer coordination. This may lead to inco tet pieces of legislation being drfted or inconistent institutions being promoted.
10 Also, due to the sgnificant dffences in legal systems and tadions in the world, it is important for those providing legal assistance to undertn the legal traditions of the counties receiving assistance and be fmiliar with tdeir legal systes. For example, U.S. style securities laws, which rely on common law definitions of fraud and mesenitaton, will require adaptaton in a civil code jurisdiction. An attmpt by a United Kingdom lawyer to prpae banidng legislaion in a Central European country met with a negative reaction form the local legal community.

The goal of achieving an inmnally conistent and coherent lega system that is in accordance with the legal traditions of a particular country can lead to an admittedly contrvesi dilenum It is difficult to transplant lga systms and impose ready-made solutions on counties. It might, however, be worth considering whether countries that need to build up their entir legal and rguatory famerks would not be well advised to adopt suiable intermonal conventions and model laws or follow closely examples that have proven functional in other societes. (This would apply to both rules" and "institutions".) For example, after the erosion of the socialist legal system, some of the republics of the former _Soiet Union_ are continuing to vaillate about which legal system to chose as a model, wheher to adhere solely to the continental civil law tradition or whether to adopt some aspects of the Anglo-Ameican common law system. In the past, there have been sveal examples of coumtres that adopted civil and commercial law ystems opwative in other countries. Turkey and Greece adopted the Swiss Code of Obligations and parts of the German Civil Code; and Japan and China adopted the same code frm Gemany.

Lesson learned: Each country needs to make a choice about the direction of its **legal refonn.** (b) On a related point, it has been the Bank's eoxpiece that countries undergoing legal reforms benefit fiom in-depth assessments or diapostic analyses and/or studies of thir lega systems (both legal and reguatory frameworks and institutional set-ups) prior to implementing legal techncal assistance projects. This applies equally to sector specific, partia legal reforms and to comprehensive ones. For example, in _Indonesia,_ the Bank prepared an in-depth analytic study of several areas of commercia **l** aw.'<sup>1</sup> Similarly, in _Mozambique and Namibia'_<sup>_2_</sup> the Bank codUC X me acmua tecnical assistance was ultmaly financed on a grant basis by a bilater agency.
11 an assessment of the respective legal frameworks before suppordng the countries' legl reform efforts. On the other hand, bere engaging in the _Tehniccal Auusance for Eonomic Rebnn Project Loan No. 3384-BUL)_ in _Bulgaia_ and in the UNDP-funded and Bank-ected _ANw Econoink MechanLn Progrnam Support in the Lao Peopre's Reppic,_ mch diagnosic studies were not requestBd by the Govenment and were not made. It seems that in both cases a prior assmet might have delayed tie prjects but made them more effective. In _Ohina,_ for example, the _Economic Law Refnn Project_ grew out of years of Bank work on the legal faewrk for economic reform, and, in pardcul, enterprise form.

Leson learned: The asitan rnanced by the lank should ft wih the needs of the county as wel as with the Bank's country _astiune_ traegie Coutries usaly beneit from priw digostic studi or sector analyse

# 2. ndfL _fknfi=_

The refom process has tD be timely and responsive to the neds of a partcuar country, and, teefoe, the extent of reform efforts depends on the partclar c in each ountry. Governmnts need to establish law refom agedas and proti te areas where legal assistance is m,os needed. To ilustate, the laumching ofbankrupty or secrites laws has linted value for a country with no company law, as coporate foms have not yet been esiablished and reonized. Conversely, banldng laws and prudential reguaions need to be a high priority as soon as a country removes the monopoly prevuy given to state banks. Depeding on the counties' levEl of devdopmenl, the prorties and content of legl reforms difer. On the one hand, most Central Eurmpean and Itiii American, and many African countris _wie_ by and large establishud legl fameworks for a market economy. With rpect tD the "rules" aspect of legal reforms, in a maWoty of these countries, legal technical assia is mosdy neeled in highly speialized areas of law, sch as privain, im al, bankruptcy, antimonopoly, dumping and countervailing duies or secrites laws. Equally important, however, these counties seek assistance from outside sources for the "process" and "instituions" aspects of legal reforms to ensure thai their legal systens function propely. Among the key institutional 12IThe Bank did not finace the appusised project because Namibia did not wish to bonrow to finane technical asistanoe
12 elements addressed by the Bank in these counbies are those concerning fe stengening of the judiciary and die establihmt of exw4judicial bodies and varous regulatory agencies. Issues that most frequently need to be addressed in te seors include: (J) removal of ba in access to jusfice, such as irdinate delays in judicial proceedings, ecessve costs Las ated with puung lega claims and the lack of alterative dispute resoluton mechanisms; (CH) improvement of oourt administration and case managenent; (ii) reducing corfuption and raisng ethcal standards in the judiciary and legal profession at large; iv) e on of the judicial branch, especily wii respec **t** o the selecdon and promotion of judges; and (v) modenizaton of procedural codes. More _geneal_ issues that often need to be addressed include raising geneal public awarenes of the importne of die nile of law and imrov t in legal education. In addition, borwing countries oflen need to establish professional bar asocato for licsing legal professionals, disciplinary reasons, and sponsoring and orgnizing continuing legal educafion. The above issues are being addressed in Bard assisted prcjects in Latin America, including _Argentina, Bolia, Penm_ and Venezjelh On the oher hand, some fomer socialist oimtmies, especially in the fomer _Soiet Union,_ and some counties in Afiica and Asia, such as _Angola, Mozmqe, Ciaw,_ the _Lao Peope's Republic_ and _Wet Nan,_ have undrtake to ohaul uay tir eti legal systems. In these countries, legal refonr is a conmpipeensive and broad-base efdfrt which aims at resondg to hie fili extet of the soieta and economic tansfomaons. Thefore, lega asstance to these counties often encompases a range of areas including policy advice; assin in the desig and drafing of legislon; assistance with th establit of processes and institutions introducing, implementing and enforcing new laws and regulatons; designing systems for effive dissemination oflegal infomation; and training. These countries already face or will face many of the same problems as those in the previous example, but frequently, they need to start with more udimentary legal reform tasks, such as the drafting of basic pieces of legiation neceary for the funcioning of a market system. This poses an interesting dilemma: Shoud these latter comtries wait before addresing the more complex institonal issues untl they have solved the "easier' ones or should te try to tacle all of them at once?

No matter which ares a country decides to tadkle first, there is one issue that is worth mentiomng at this pontL For a proper functioning of any legal system it is essential to have efficient, broad-based and expeditious disnatio of legal information. Communication oflaws
13 and reguladons to the society at large is one of the fundamental pillars of the notion of the rule of law. The lack of such communication has been identfied as a najor reason for non-compliance with l. 13 some countis, esealy in parts of Africa and the former Soviet Union, it is very cumbersome to gather legal information and ven obtain copies of published laws and regulations. Apart from maldng it difficult for people to comply with Jaws and reglftons they cannot obtain, the lak of access to relevant legisation can be a major hindrance to pra foreign investnent in the country, as well as a soure of corrupdon by governmt officials who control access to unpublished laws.

Recogning this as a problem, the Bank has supported seveWal prqjec which finance assistance in Makig aWS and regulations accessible by the launching or re_lauMching4 of official gaztetes. For example, in _Burda Faso, fte Pblic Inuond Dewlopxme Projea (COwd& No. 2378BUR)_ suppotd, _inti alia,_ te rehabilitation of th publication of the Official Gazet ad Suprme Court decisions and fte estblisfhmt of a legal dabasx In _Mauritaa,_ the _Dew)opment Mawagement Projea (Qdik No. 1865-MA U)_ assisted in the publication of the Mauritanian Official Gazette which had not been published at ftat time for over two years. Assistance in the publicaion of offical gazettes is contemplated as part of the coe legal tecnical assistance components in _iazakItan, T1urmenis_ and _UzbekWa._

**Lemon leamed: It is mptant** for the **succm ef leg** reforms **that eah country prioritle** ils reform nee& to **reflect the pmcur drcumstances** of **tht country.**

# 3. Limitations onihe Bank's role

In financing legal te astance at the request of its borowing mmber counties, the Bank faces its own set of limitatons. Some stem fiom the eonomc nature of its developmental mandate as exresd _in_ its Artiles of AgEm t; othrs reut firm the parnets and nature of the Bank's lending instuments.

**R.** **_Suddmn,_ The** _State._ **_LAw_** and **Devloent. St. Mtin Pres (1978)** at **128.**

**14 Several African countries irpted the** publicaioa of **official gazttes** due to **budgetay cosraints.**
14 (a) The Bank's Articles of Agreement nundate the Bank and its staff to pay atlention only to economic consideations in their decisions, and prohibit the Bank from interfering in the political affairs of any member and from being influenced by the 'political character" of its member countries." While the Bank has adherd to this principle of not aLowing political factors to influence its activity in a specific country, it has recognized that some political decisions or events may have a decisive impact on the economic deveopment of its members. The Vice President and Gencral Counsel of fte Bank, in his 1990 paper on _Gownue sues,_ stated that political onsiderations are irrlevt to Bank's work, unless it is established that they have direct and obvious economic effects relevant to the Bank's work.'<sup>6</sup> Tle Geal Counsel fiurter stated that "[e] had no difficulty in rehing the conclusion that the Bank may favrably repond to a country's request for assistance in the field of legal rfom,... if it finds it relevant to the country's economic development and to the success of its lending stategy for the Country."17 But he _frthe_ pointed out that [flegal refom requires proound luowledge of the econoimc and socia situation in the country involved and can only be useful if it is done by the country itself in response to its own fet needs." " While the paramIetes of the Bank's involvement, as interpred by the Gener Couns, are expressed in fairly broad terms, the Bank faces limits in wht it can do under the franework of legai technical assstac Despite the fact that it is at fimes difficult to clearly define the borde line between areas that have "dect and obvious economic results and tose laking suc linkage, the Bank has been reluctant to provide **techica** assistance in areas such as constitutional or criminal law. Revisions of criminal codes, training of police or judges involved sdely in cdmin maters, or mangement of peitentiary institutions may have some relevance to the countries' economic development, but they have traditionally stayed outside the Bank's intervention due to the limitations set out in the Articles. For example, on the basis of confining its lending to the fields falling within its mandate, the Bank delined a request from _ArgenJ na for_ e funding of assistance for the sole pupose of the criminal justice system.

- **15** Articles of Agremen, _Ar_ IV, Sec. 10.

- 16 For a detied discussion of this subject s Shihta, Govena-nce Issues. **sat** B9.

- 8 **lL** at **9.**
Is Lisson **learned:**

**In design** legal **technical assistan projecs t I pmtat** to bear in mind that the Bank may not be involved in _rinmnng_ **lgqal** reform activitih at do not have a direct and obvious link to economic develpent

(b) A few years ago the Bank faiced a dilemma - whedhr and tD what extent it should engae m legal refonn activities involving the judiciary. Private sector development in gen=al cannot succeed without a stable business and economic enviment within a system that is based on predictability and stability. Only in a stable and predictable environment can resources be efficiently allocated, business risks rationally assessed and the tansaconal costs kept at low Levels." This set of consideratons links the concept of economic development with te notion, at a first glance unrelated, of the rue of law. Abstaced from the volumins definitions and in-Izpretations of the cnpt of rule of lawl come the oblectives of stability, predictbility and eliminaton of governmental arbitrariness, which are preconditions to econmic deveopment. This, in tun, makes the rule of law a legitime concern for the Bank as a del ntal insdton. The reforms supported by the Bank "cannot be effective in the absence of a system which tanslat them into workable rules and makes sme they are complied with."<sup>2</sup> ' An essential element of the rue of law concept is the existe of an iepandent dispute resolution body that rsolves conflicts in the applicain of the rles or add s instanoes of noncompliance with the ndes. Mhis element has a direct releva to the proper functioning of the economy and the conduct of economic activities: Inabiity to enforce pivate contls or high costs and u wnrsabld **e** lays in such eforceiment hinder the effiency of economic discors and thus have a negtive impact on the economic deveopment of a oountry. In that sense, reform of the judiciary and the establishment and strengthening of arbitmal or other dispute setement mechanisms which help achieve efficient and expedient eftomt of agrements between private parties, resolution of disputes and **enfrm** t of laws and **regulations** is **intrindcaly tied** to **economc** progress. The Bank has recognized **tis linkage** and has ben **providing assisne** t sevemal comprensve judicial and **dispute resolution** reforms **in its borrw** ng **members.** 19 Rigo and GroSS, Te Rule of at 2. 20 For * more detiled descrption e id. 21 Sihata Govrance Issues at 4W43.
16 In some countries, for example _Bol)va_ and _Cape Verde,_ the Bank is assisting in improving the administration of justice through funding of self-standing projects for judicial reform. The first opeton where the Bank made a loan exclusively for the purpose of judicial reform was the _Judciay I macuwe Project (Loan Ab. 3514-VE)_ in _Venevzela._ The Bank's assisance addressed fiour broad areas: institutional strengtdening of the constitutional body in charge of the adminisaion of the judiciazy; modrization of the system of courroom administrion; tmaining programs for judges; and construction, rehabilitation and upgraming of court buildings.22 _In Ghana_ and _Guinea,_ the Bank funds progams that assist in the improvement of the efficiency of the countries' court systems. In _Bangkadesh,_ ]DA, through the _Finacial Sector Adjusrent Credit (C,edt No. 2152-BD),_ provided assistance in the design of measur enhancing the independence of the judicary, the establishment of courts, appointment of judges and disposal of cases. The Bank also provides assistance to the judicial sectors as part of its institution building projects in Easte Europea countries and the republics of the former _Sovie UniopL_ In addition to suppordng the judiciary, the Bank has been involved in assing the development of extrajudicial means of dispute setdement in many countries, especially for contcts with foreign investors. In _Senegal,_ the proposed _Pwvate Sector Deulopment Project_ ull include sistance for the preration of arbitration rules and the establishment of a center in support of arbitation. The introduction and support for alterative dispute resolution mechanisms is also part of legal technical assnce progams in Eastern Europe and the republics of the former Soviet Union, including _Albwaia, Amwnia, Be&as, K1W w,_ and _Uzbekist._ Leson _learned:_ The Bank's support for a stable and predktable busne.s environment free of **povenma** a _IA_ n may wel include asistance to the judiciy in its borrowing member countries.

(c) As outlined above, the Bank employs a variety of lending instruments for legal technical as_si e Due to the long-tenn nature of many lea reform efforts, not all of the Bank's lending instruments fit all leg reform requrements of boowing counties. As discussed 22 ETis projct supporlt institutio strengtihening of thejuiciary ina compreensive manne, incldn itB cmnal brnch in matters of court administration and ce managIeent. I Gener Coue advised that it is within the Ban' maUdde to provide judicil amistance Upon the rqxuest of the bonowig country and disfinguished this case from the arlier-mentioned requst by Argtin on grounds tat tie Venezela proec W not concerne soldy with issues of acimial procdure, but ratier witth te functioning of the wole judiciry in an integratd maner.
17 above, as part of the conditions for Board prestation, effectiveness or tranche rease, many stcura and setoral adjustment projects contain a submission topriamet or pasge of various pieces of economic legilation that enable the borrower to carry out the poicies agreed upon with the Bank. Ihe short-tenm nature of the adjustment programs, while obviously helpfu in getfing things done quicldy, is not well-suited for compreenive legal m-forms or for those involving the building up and strengthening of institutional capacity beyond the mere pasge of legislation.

If a county is in need of assistance in a specific area of law, for eample, it laclrs amppriate petroleum or securities legislation, lgal components forming parts of invstmnt funding are suitable ways to bnng about the desired changes. If, on the otier hand, the entire system of lw, including legislaion, processes and instittions, as outlined above, needs to be changed, a better option may be a free standing technica assistance or an institutim bilding loan. A good exanple is a problem such as over-indebtedne of compames which cannot be soved merely by an enacment of a bankuptcy code. A newly eacted code, which has to be consiste.t with the existng lega famework of the country, would need to be appied by corts and judges who, in many of the Bank's bonrwing members, have not been tained in this cialized area of aw. Hce, the iportance of legal taining as part of legl reforn projects.

In any event, the creafion of a modem and efficient lga fawnework, teter with the stengeing of t and paripaty law-making processs and the establishment of fctioning instituidoni a complex undetakng. To be effective, legal reform cannot be limited **s** , to isolated inteiventorsg, such as assistnce in the preparato of a partcular piece of legisaon. From the Bank's point of view, **the** long-term nature of legal reform procss requires a sequence of opeations in the context of an overal **coumtry asstnce** sategy of the Bank and, more importantly, that of the lega reform of the borrowing member. Such apach would enable the Bank to take a long-term view and assist countres in prorzing legl refonn activities.

Lnon learned: Igal refrms are comple and long-tem effort. Themefor the most sutble nding Wsrmmnt for lea tedhicl auitnce, **other hmn urgeny needed leguatom, are usualy these that disbuise ove a blger period of time or, a y,** a series of **lnding operions.**
**_18_**

(d) Most of the funds tie Bank can provide for legal technical assistance come from loans that must be repaid. Frequendy, members are not prepared to borrw for technical asistnce, including assistance in the area of legal refonn. This is particuladrly tue for Bankiather tdan IDA boroe. Usually, the main counterparts for the Bank in the govements of its borrwing members are ministries of finance which are more precupied with economic issues of immediate relevance. Lawyers in the government usually recogze the need for lepgl reform and technical assistnce to support it, but often they are unable to convince the decision-makers to allocate funds or to borrow for such purposes.

In some instances, like in the case of the _Baias, fimner CQecoslowa a, Hwugawy, Namiwia, Polnd,_ and _Vwt Nam,_ these countries have been receiving technical assnce from a mutitude of sources, frequently free of chge. Thus, Bank assiae has been advisory and not inanial. In odier cases, when free assist does not materiaze, counties may approach the Bank with a reques **t** o provide finds for legal technical assice.

Imon **leaned: Countries are often reluctt** to borrmw for **legl technkcl** atance. **Th** is pricuarly true for bonrowing from **the IBRD** (rther **than** 1DA).

# 4. **"O w Of the la** **_Ed=_ pe**

One of the pncipal perequisites for the success of lega technical assitance is govem nt commitment tothe legal reform process and its ownership by tie parner government 1g refrm goes bo the core of the social fabric of a society. Legal reform cannot, and at any rate swod not, be imposed on a country. Unless acountry is committed to reforming its lgal regime,<sup>23</sup> and either requests assistance for its refom process or agrees with asstace providers, legal technical asssne may be a waste of resources. This stam t would be disputed by few, but how can a pwvider of legal techical assstance be asswred about a country's commitment tolegl reforms? In _Glhaa,_ for example, the Bank required the Govemment to cleady demate its commitmt to legal reform by establishing a Private Sector Advisory Group which would set the agena for law refonn. When the Govemnmt, after some hesitain, allowed this grup to be formed, the Bank 23 This is pasticlady _tre_ for countries th cntemplate a compohewve and inQeph ovrhau of their legs sytms
19 took this step as an indicadon of the Goverment's intention to reform the legal and regulatoiy frmework goveing private sector activiies. It also enabled those who are affected by such refonn activities, i.e., the private sectr, to participate in the process. In _Argendtn,_ the Ministry of Justice, the Supreme Court, prvate attorneys and academics establisied a steering committee which guided local and foreign legal consultants caryig out legal diagnostic stdies under an IDF grani The strg comumtte **e** nsured that the recommendabons which emerged from the diapostic work reflected a broad consenss of the local legal commumty.

Iesson learned: In order for legal technial assta to bring about the deired **results,** the recipient governments need to demonstrate a dear commItment to legal reform and take ful owneip of the legal reform process.

# S. **Cordinafion** of legal tedc **al aie**

(a) To ensure that fte borrowing country will desgn a sccessful legal refnn program, the Bank needs to know who are its countparts within the partner govermenL The Bank usually ineracts with the executive branches in its borrowing member counties. Legal refoms, however, ross all parts of governments and for legal technical assistance to be effective, the Bank must cooperae with oilier governmental branches as well. If legal technical asssne is given to the exeive to help in the preparaion of new legilation, such new drafts may not be well appreiated by the legisatue, and the new laws may not be enacted or may be revised in a manner incosstent with the origina intent. Furter, if there are no fnctioning courts to apply and enforce the law, or if there are no trained staff to adminster reguatoxy bodies, the assistanc provied for the prepartion of laws or reguations could be wasted. The issue of finding a prper counterpart is particularly important in countries that rqure broad-based and oomprehensive assistance in their legal reforms. Many times, these are countries not accustomed to receing foreign assistance. Many Easten Eumpean countries and the republics of the former Soviet Union, and parts of Africa often do not have institbuonal struc set up to receiv legal tecl assistance. Ts can lead to unnecessary waste of resources. A similar problem was experieced in _the Lao People's Repubc_ where the UNDP fimded and the Bank executed aprqect _that_ fianced legiative drafing advice. That advise was provded, at some points, vnwitht extensive contacts with the local lea community or betwe the drfters of legisation and the legislators. All of this contbuted **to** the decreased effectiveness ofassistnce.
20 In several countries undergoing large and rpid changes in the legal framework, governmmets established sparte agencies, legal reform nits (LRUs), within the executive branches and charged them witi overal coordination of the legal reform processes. The LRUs ffiat "own" the legal refrm process are one of the recipients of legal assistance, but mainly act as a coordination point. The pxviders of astae usually seek LRUs' advice and help in reaching other agence and bodies that are in need of legal assistance, including govemment officials, parliamentary staffs, judges or other members of the legal profession. Such LRUs have been established, for example, in _Bidgana,_ many repubLcs of the fomer _Sovet Unon,_ and _Pasftan._ In _Ciw_ and _rwt Nom,_ on the other hand, no central unt has been formed solely for the purpose of legal reforms. There are grups ficused on the econonic reform program as a whole (such as the State Commission for the Rcting of the Econ c System in China and the Central Institute for Economic Managenent in Viet Nam). The legilative agenda is set up by the legislature and prepred though the executive banch's normal coordination procedures.

The LRUs can play an impotant coordinating role within the govenments in e g that legal refons are gided by a coherent strategy and that the bodies/agencies in charge of economic reform are in frequent dialogue and cooperton with the agencies managing reforms in the legal area. The issue of coodinaton among the relevant players is again most important in countes undergoing comprehesive legal reforms. Often, legal refms directly tied to the economuc sphere are initiated and canied out by non-lawyers in various sectal govenmmental agencies and minises. For example, in _7hanenan,_ virtuly all econormc and busness legislaion has been designed and drafted by officials, mostly economists, in the Mnity of Fmance and Economy which does not employ legal staff. Sector ministies or agencies often obtain services of legal consultants on an ad-hoc basis and commission the draffing of laws without, in some ass, reaiing that the same law is being drafted/revised by another govenmment entity. For example, in _Russia,_ several versions of peroleum law were prepared simutaneously, at a gret cost, by vaious ministies and the Supreme Soviet In some comties where local legislative reform is also a part of the economic refom, such as _aiina,_ the need for central-local coordinaion should also be considered
21 Leson learned: It is crucal for the sccem of _blg_ tecnic assistance to have proper ne i the government impntg such asistance. Some countries may beneit from the establhihme of lepl reform unis within the govement that coordinate between economc and **kga** reforms In order to em e bntity ad **avoid** duplica of **bgal** reform **acthie** (b) Becalse the Bank's borrowing members receive legal echnicl assisn from mnmy external sorces, it is inmptant for the repit countries as well as the donors to coordinae the inflow of assist Te Bank wi its world-wide focus and experic, oould play a key role in oraiig and cordinaing legal technical assistane in its borrowing member coutries Compard with many governmentl or non-governmental, bilateral or multiltea institutions, the Ban's coparative knowledge, exien d sills enable its staff to effectively mobilizt resoces to meetis memb needs and coordinae tidr utn. Al, th Bak is consdered a reltvely neutral paer whih **does** not push for fte accepta of any parcar legl system wwbe funding legal tchnia assitc Moover, few donors are as advanced as the Bank in recognizng and being. organizd to support leg foms in an inty manner - crdinating legal witi economic reforms. Iegal reforms in devdopng ounries are ofken supported in a pcmeal approach cossting of isolted intrveto in a parcular amea of law. The result is a lack of fwcus by donors and a lack of strategic tinlking in financing an providing lga techna asistan The area where the Bank's inter ons have been pticarly valued by its bormw has been in brnging an integrated, conaratve and unbiased approach to the lega refom process. Thls allows legal refom to proceed in hamony with econonmc reform, rher than to lag bhind or go off on tangents which nay not be gemame tD the crtica needs of the oDuntries' economis as a whole. Many donors recognze the advantage the Bank has in providing g teical asIsi e and eite appoint it as executing agency for tir progrms or join forces with the Bank in a variety of cofinncing r ngements.

The Bank has not only codiated its legal tchnic assistac pects with oter entities. In many omuntries, Bank pported gal technica assistace prorms have been cofinanced with od instituns. For exanple, in _Angola, the Power Sedor Rdw on Project (Qwd Ab. 2385- ANG)_ which financed asisnce for the nvision and drfing of a legal and rgulatr ramework for the elti ty sector, was cofinanced by the Afican Dvelopmet Bank and the Euopean nvestmt Bank In _Cape Venre,_ the EuRmpan Communty, France, Switchlnd and
22 the UNDP cofinanced the _Pubihc Sector Refonn and Capacity BuiWing Project (Credit No. 2566C)_ which includes funds for judicial reform. In Eastern Europe and the former Soviet Union, the Bank coopeates with the European Bank for Reconstruction and Development (EBRD) on several projects, including the _Pnivation *mplffmenton Assisae Projec (Loan No. 3546-RU)_ and the _Privtization and Enterprise Refonn Technical Cooperaton Projea_ (under the previously mentioned TCA) in _Russia._ In _Sni Lanka,_ the Asian Development Bank cofinances the _Third Indstrial Development Project (Credit No. 1948-CE)_ which funds the improvements in the debt recovery and telecommunications legislation.

Apart from the above, the Bank also informally coopeates vith bilateal and multileral donor agencies, such as the German Gesellshaft Fur Technische Zusammenaeit (GTZ, the United States Agency for Intemational Development (USAID), and non-govenmental organizions like the Central and East European Law Institute of the American Bar Assocation (CEfLl). For example, in _Abania,_ the Bank and GTZ cooperate in fimding a resident legal advisor who ass a legal reform group witlin the Ministry of Finance in drafing leislation for privatizaton and financial sector restucturing. The Bank and GTZ have also collaboated in the _Cral Afiican Republic, Georgia and Namibia_ In Iain America, the IDB and USAID provide assistnce to the refonn of the judiciary. As these institutions sometimes have a different mandate and approach than the Bank and, the need for coordination among them is even more important in order to improve efficiency of legal technical assistance. It is important to note, however, that the Bank, as noted in Section 3(d) above, has limited options for financing legal asstnce and thus it can only coordinate legal assistance projects it fuly or partially funds Leson learned: Because of its global scope and i iplinar, **eerse,** the Bank is well positioned to act as a coordinator of exernal lgal technical ansistae in its borrowing member counties.

# 6. Broad narication in legal technical aistam

One of the ways to increase the effectiveness of lel echnical assistance is to foster direct paricipation of key local players in its design and implementation. When designing stratgy for a ance, it is imnportnt t recive as much input and advice as possible not ordy from the partner govenments but also from local bar associations, legal research institutes, law school facuties, judiciary, chambers of commerce, parliaments, individua **l** awyers and the public. For example, in
23 _Mozambique,_ during the execution of the _Capady Building and Strengthening of Legal Insuons Projea (Cikt No. 2437-MOZ),_ Moazmbican judges and lawyers prared their own "needs list" and the project was built and implenented on the basis of domestically identified priorities. Foreign consultants provided only guidance and assistance to the local team.

While th contribution ofthe loca legal community in the legal reform process is essential, legal technical asistnce shod aLso aim, where possible, at achieving broad paipation not only from the goverment but also from other groups and individuals inthe concerned commuty, such as economists, business people, social scientists or edutrs. To have an impact on the society at large, legal reform cannot be achieved exclusively by the legal profession; it should involve a broader audience. For example, in _Argentina,_ a sector work on the judciary involve **s** ociologiss and education specialists. In _Vene a,_ during the preat of the _Juddacy I*a1Wucr Project,_ the resuts of surveys of prominent business people were aken into account in the deftition of the pniority areas of reform. Such input assists the adjustment of legal assin to local needs and peuliaritie and it helps the assistce tD be acceptd and have a lasting impact on he society. Also, assistance fiom a broad range of pewple in the lga community is in king with the Bmk's emphasis on participatory development On a related point, many counhies in Afiica, and most in Ladn America, have well estabhished local bars with lwyers trained in and with a broad exeience in legl fiwmeworks suportve of a mrket economy. The Bank has ocsonally hired local lawyers as consltants for legal technic assisce Lasks, for eample in studies involving the judicary in _PenL_ This approach, however, can be followed in but a few of the former sociaist counties in Europe, Asia or Afica. There, lawyers were trained **in** law based on Maist piniples that run directly contrry to the princples underlying narket economies. Terefor, for the foreseeble fitue, legl technical assistance teams may have to rely on foreign consltants or local lawyers tained in foreign legal systems for advice on new market-based legal concepts, whie coordinating these concepts with loca **l** awyers' knowledge of local legal traditions and institutions.

Les **learned: Broad paili-ipatlon of** members of **local lgal ckf mznAisl** asist in the qualt, acceptaf, and long-tru susainbiltyof legal refonus.
24

# 7. _PoioofIL LZicW

As the Bank has beconme more involved in finaing legal services under legal reform projects, several issues have emerged. Locting quailied legIl advisers to assist on reform progams has proven to be a challenge. Lawyers in private practice do not always have a policy perective which may be needed to prepare comprehensive law reforms. Similaly, acadenics may not be as onnecd to prcl s involved in pleentin of reform progams.

The great majority of potental bidders for lega svis comng frm outide the country in quesdon have so far been law fims based in the United Stas or the United iGngdom, or branches of these offices. While ihese are igly qualified fims, ofken with world-wid **e** xpetse, concenttin of he serce has made it diffict to meet divesty objectives under the Bank's procurement guiddines. TIZs has resulted in some cases in a bias in sweral countries owards leg advice based on United Stats or United Kingdom models, which are not always sitable for civil law juidicos resenting the bulk of Bank borvws carying out law rform prgrams. Law firms or lg adviss from developing countis who are _irsted_ in wdang ouide ter home countries on law reform progrms are very few.

Pardculy in the cae of cmprehenive law reform progams, the issue of conflict of ntst has come up. Law firms adviing the goverment an broad gal refms have uque opportunities to be involved in the design, draftdng and impent of laws. This knowledge is highly maktable to pnvate ivestor and others ivolved with the legal systm. The Bank has genealy imposed restrici on law firms prhibing thm om taking dLients i the me country wher the finn is executing lBank-finnced legal atnc Legal senices are very expensive as they are nonmaly based on the ates of intemaonal law firms. The Bank has ncouged governmts to negotate more fiavorble rates based on longer commitments and less senior but qualfied lawyers. Ihe Bank has also _awuged_ joint participaton by law firms and univtes or public insitutes to keep costs down an prvide a mix of acdemic and practical eprence.
25 Lemon leared For qualy _kW_ tecnial la eg at affordable rates, it is important to diversliy the selection of advises to include local lawyers as well as consultam Sfrom different lepl systems. The slection of co ltns should, however, be consitent with the chosen direction of the country's lgal refonrs 8. __uU.sLofm_ As noted earlier, in order for le reform to be successful and bt have long-term effects, it must tae root in the local legal community as well as the patinm at large. Therefore, taining and education programs for goverment officials, judges, local lawyes and administ--tors, as well as for members of the legl profession, are an ibnspeable part of legal asssa. The trdng aspect of legal technical assistane is partcuarly significant in coumtes that lack a wel-developed indigous le pofession versed in econoc and commecia **l** aw. This is the situation in the fomer sociist countries in Europe, Asia and Africa where lawyes were trained in the sociist legl system. The Bank has over ime uppored numerous tning activitis as pat of projects it financed. For example, in _AzNbique,_ the _Econoik and Rnal Management Tedclal Asrtwn Phjec (OCdS No. 206MOZ)_ suppoted taining activities, including sminars, worksdops, twinning aangements for govnment officials with their untrarts in different countres, and the preparation of legal educational maeials. The Bank also financed the aicipation of local lawyers in training semiars abad. The _Econonuc Managment Prject (Cit No. 2503-IVC) of_ **_Caoe_** _D'Ivuwre_ contains a com _t train_ local lawyers _in specialized_ areas of ecoomic, commardal and financial law. In _Albania, Bldgaria_ and the repblics of the former _Sovi Uniona,_ the Bank contemplates edensive hining actvities as part of the legal components of t _ia_ assistanc and instion buiding loans.

_In_ conies with legl systems more resonsive to the needs of a market economy, aining progmams are signficant for a diffrent purpose: they asst in the poer ilemtation of legal techical assisane in speialid areas. The Bank is sportng twning effots in some countries in Latin Ameia For example, the _Venezl Juiary bIuucw_ **_Prfect_** iudes several training actviesuch as: (a) tg of the staff of the Judial Counil in areas of minis such as financial management, human reswurce planing, court recoxd kBeping, and court managemnt and srvisn; and 0) the desn and implemntaon, trough the Judicial School,
26 of a comprehensive haining program for judges and other judiciaiy personnel in management and selective substantive and procedura **l** egal subjects.

In the countries that lack legal information in geneml, an important component of tlaining activities is to make legal information and educational materials available and acsble to the legal profession and public at large. Many counties, especially in Easten Europe and Africa, lack sufficient intrnational and comparative legal expertse. This is an area where legal technical assistance can be particularly successful in desigmng processes for the dissemination of legal infion and in establishing legal information oenters, including law libnaries and legal databases. Such centers containing legal matials should be accessible to as many people in _eaw_ country as possible.

Leson learned: In order for legal technical assistance to have a lastig impat on a country, it is impeative to include trining activities wbih need to be adjusted to local conditions.

C. RECOMMENDATIONS AND IMPUCATIONS

1. Rec:ommendations for BaRk member countries implementing legal

**(1)** For lega technical assistance to bring abouthe desred results, govemments need to demonstrate a clear commitmen **t** o legal reform and take full ownership of the legal reform process.

(u) Countries should malke a choice about the direction of their legal refonns and shold piidoze their reform needs to reflect the particular circumstances of those countries.

(iii) In order to avoid duplicain of effrs and waste of resources, legal reform process need to be coordinated. Some counties, especialy those undergoing compse change in ecnmic or legal systems, may consider the estabismet of legal reform units that are in charge of aU legal reform activities in the economic area.
27 (iv) In order for legal reforms to be more reponsive to their needs, countrie **s** hould strive to achieve broad participation of members of local legal professions in tieir legal reforns.

(v) To make legal reforms more sustiable, govemments should integrate training activies in tfieir legal reforms.

# 2. W___ t _ aoa

**(i)** The Bank should ensure a direct and obvious link bewee proposed reforms and econominc development and pnontize the areas of legal refom whih are s4gficant from the viewpoint of aceating economic growth.

(n) The Bank should reWond to countre requests for legal tehical as ne in a more systmatic manner which may best be based on an asment or a diagnostic study of the legal or juicia system, as the cs may be.

Cii) The Bank should ensure that its legal assistance projects are in aordance with its policy of non-ierferce in the polihics of its member comtries (iv) The Bank shoud be more active in mobiliing and coodinating legal techndc resources, espcialy with bilatal and multilateal donor aecies.

(v) Traiming activitie **s** ould be inead in all of the legad tchnica asitanc activities.

3. Concluson Over the last several years the Bank has become icgsgly involved in ass gal reform efforts in its mmber counties. In light of the complxi and exent of tie Bank's involvemen **t** , is report points out issues that frequetly come up and m nn s lessos learned. The experience that has been gained by the Legl Deprtment t g he tehdnical uasta efforts in the legal area ae many imes appicable to tehncal assismce in generaL Such lessons include the necessity of goement commitment, ownership and coordiati lingt of the close
25 linkage bewem saoomi ma lea ufms, it i iapatat that any assomIst to the bcoi w g countries' legal reoms doliA be pot of tde _D's_ cauntry assisutei dta idfy refonn priorities in a rae of mn Once de Bank has aoquird addonal lson and expie from assing in legal refor u n of its memer onm it will be usf to visit the is addeed thins tport **a** _evate_ the effecveed s and benefits _of_ lg tluica aWsia
29 Anon I THE WORID BANK AND LEGAL TECHNICAL ASSISTANCE: _1n1m L__ U!. tale c e ow iasho of infi chau fn Divbios of **di** _Lel_ Dqano tad= telil l aSdand odbil h. sd to be a aa4ub X Wo i * k m1s Imlude all ii pujoa babcct ik boe cucswu bgl tczda _ud~ze_ suha.w _u~a_ l*dases cadluulk ahsto _lgl1mm_ __ro4 **.U** qulls ihs,Ieth mg Indictqe upi amc _ema te1sfmWa of c h ssd aam.
30

|**COUNTRY**|PROJECT|LEGAL COMPONENT|**|FINANCIERS**|
|---|---|---|---|
|Albania|Technical Assistance for Economic<br>Reform Project (Cr No. 2492 ALB),<br>June 7, 1993|Project will finance assistance to the legal reform group<br>within the Ministry of Finance in drafting legislation for<br>privatization and financial sectors.|IDA**$100,000**(Ihis amount<br>is allocated only fbr the legal<br>technical assistanco<br>componet of dte project,<br>and if utilized by Albmia,<br>this amount would<br>supplement grant fimds<br>provided by German<br>Gesdlschaft FUr Technische<br>Zusammenarbeit ('G1TZ) to<br>fimd a resident lel<br>advisor.)|
||Technical Assistance to the Mining<br>Sector<br>Japanese Grant Agreement, October<br>1, 1992|The grant agreement will finance legal technical assistance in<br>mining and petroleum sectors through legal experts in<br>drafting legislation in these sectors and in legal aining.|Japanese Grant 1103.9_m._|
||IDF Grant No. 28778, December 3,<br>1993|Assistance to the government in drafting a legal framework<br>for the protection ofculturalproperty.|IDF S173,000|
||IDF Grant No. 28790 (proposed)|Preparation of draft Procurement Legislation for Albania.|IDF S80,000|
||Irrigation Rehabilitation Project (Cr<br>No. 2652 ALB), September 9, 1994|Legal technical assistance in the preparation of the draft law<br>in the construction, administration, maintenance and<br>operation of the irrigation and drainage works. Prdiminary<br>comments on the draft water law.|SDR 7.1 m|
|l____________|Agriculture Sector Adjustment<br>Project (Cr No. 2524 ALB), July 7,<br>1993<br>_____________________________|Legal technical assistance in preparation of land lease<br>legislation, in improving legal and regulatory framework<br>regarding land management and in developing legal and<br>regulatory framework for euvimnmental protection and<br>standards.|IDA $20 m.<br>(imcluding $600,000 for the<br>legal technical**assstance**<br>componewn)|
31

|COUNTRY|PROJECT|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Algeria|Hazardous Waste Management<br>Project (Loan, proposed)|Provision of legal technical assistance_to_modernize the<br>regulatory framework governing industrial polleulsndna<br>hazardous waste and the environmental management<br>institutional framework.|IBRD $90 m.|
||El Kala National Park and Wetland<br>Mfanagement Complex Project<br>(proposed)<br>GEF Grant|Review of the legal framework governing natural resources.|GEF SDR 6.7 m.|
||Rehabilitation Loan (proposed)|Advising on the design of a privatization law and a<br>competition law.|IBRD|
|Angola|Economic Management Capacity<br>Building Project<br>(Cr No. 2274 ANG), July 26, 1991|(a) development of a legal and regulatory framework,<br>including the revision, streamlining and drafting of economic,<br>commercial, financial, administrative and procurement<br>legislation; (b) strengthening of the capabilities of government<br>legal services responsible for the revision, updating, drafting<br>and implementation of the new legal and regulatory<br>framework; and (c) development of appropriate procedures<br>and mechanisms to disseminate the new legal and regulatory<br>framework.|IL<br>$23 m.|
||Power Sector Rehabilitation Project<br>(Cr No. 2385 ANG), July 20, 1992<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_|Assistance for revision and drafting of the legal framework<br>for the electricity sector.<br> <br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_<br>_EIB|IDA $33.5 m.<br>Cofinancing=<br>AfDB=$18.6m.<br>= $9 m .|
32

|**COUNTRY**|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Angola (Cont.)|Financial Institutions Modernization<br>Project (Cr No. 2421 ANG),<br>September 15, 1992|Improvement of financial legal and regulatory framework,<br>including the following activities: (a) application of banking<br>legislation through design, publication and distribution of a<br>banking operational manual; (b) compilation, harmonization,<br>publication and dissemination of the banking legal and<br>regulatory framework; (c) strengthening of legal and technical<br>capabilities of banking institutions' staff; (d) strengthening of<br>the National Directorate of Registries and Notarial Services;<br>and (e) review and development of modem banking<br>regulations.|IDA $21 m.|
|Argentina|Second Tax Administration<br>(Loan No. 3460 AR), September 19,<br>1992|Legal technical assistance for the review and codification of<br>existing tax laws and regulations in order to produce<br>simplified and coherent legislative publications and develop a<br>tax legislation database.|IBRD $20 m.|
||Second Public Enterprise Reform<br>Adjustment Loan<br>Japanese Grant Agreement, June 21,<br>1993|Legal technical assistance in connection with: (a) the<br>preparation of different components of the privatization<br>program of Argentina's public enterprises; and (b) the<br>preparation of all agreements, charts and regulations required<br>for the functioning of the backstop facility to be financed by a<br>proposed $500,000,000 loan for the Capital Market<br>Development Project.|Japanese Grant 1168.8 m.|
33

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Argentina<br>(Cont.)|Judicial Sector Review<br>IDF Grant No. 28725,<br>December 14, 1992<br>Preparation of the Judicial and Legal<br>Reform Project, Japanese Grant<br>Agreement (proposed)|Upstream diagnostic review of the judicial sector in<br>Argentina focusing on the federal courts and national courts<br>in the city of Buenos Aires. The diagnosis is a<br>comprehensive one including issues related to the operation<br>of the courts, training of court personnel, the procedural<br>codes and other internal judiciary norms governing<br>procedures, alternative dispute resolution methods and legal<br>education of lawyers, judges and the public. The study is<br>planned in four stages and is expected to last about 20<br>months.<br>The Grant will finance consultants' services to assist in (i)<br>defining the new organization, functions, incentives and<br>training plan of the judicial personnel and in preparing a<br>schedule of activities to implement this new organization; and<br>(ii) defining new administrative procedures for case filing,<br>case management, distribution of cases and archives, and<br>developing systems on a pilot basis to automate these<br>pru. edures and test them in two pilot sites.|IDF $426,000<br>Japanese Grant 160,460,000|
||Industrial Modernization Project<br>Japanese Grant Agreement,<br>September 27, 1990|Legal assistance in connection with the preparation of all<br>agreements, charts and regulations required for the<br>functioning of the backstop facility to be financed by a<br>proposed US$500,000,000 loan for the Capital Market<br>Development Project.|Japanese Grant Y243 m.<br>l|
||Public Sector Reform Technical<br>Assistance Project<br>(Loan No. 3362 AR), August 13,<br>1991|Review of existing legislation to support the rationalization of<br>norms and regulations governing economic activities and<br>design of a program to strengthen financial management,<br>budgetary process and control of the public sector including<br>preparation of norms, procedures, guidelines and manuals<br>required as a result of the enactment of legislation of public<br>financial management and performance control.|IBRD $23.1 m.|
34

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Argentina<br>(Cont.)|Social Sector Management Technical<br>Assistance Project<br>(Loan No. 2984 AR), February 15,<br>1989|Legal technical assistance in connection with the improvement<br>of legal information systems.|IBRD $28 m.|
||Social Sector Management Technical<br>Assistance Project<br>(Loan No. 2984 AR)<br>Japanese Grant Agreement,<br>December 19, 1991|Legal technical assistance in connection with the<br>establishment of a computer-based control system for judicial<br>cases in which the Federal govermnent is a part:,.|Japanese Grant Y500 m.|
||Public Enterprise Reform Execution<br>Project (Ldan No. 3292 AR),<br>April 8, 1991|Legal technical assistance in connection with the design of a<br>new legal and regulatory framework for the national railway<br>system.|IBRD $23 m.|
||Sector assessment (September 1994)|Review of the legal and institutional aspects of pollution<br>control||
|Armenia|Institution Building Project<br>(Loan No. 3585 AM), April 7, 1993|Legal Technical Assistance component of the project will<br>finance assistance to the Department of Economic Reforms in<br>drafting and reviewing economic laws and in establishing<br>legal institutions through a resident legal advisor and short-<br>term legal experts. Legal training and equipment will also be<br>provided under the Legal Technical Assistance.<br>Financial Reform component of the project will finance<br>assistance to the Ministry of Finance in formulating a<br>regulatory and institutional framework for the Banking sector.<br>Assistance to Custom Administration authorities in drafting<br>custom laws and regulations.|IBRD $931,000 (for the<br>legal component of the<br>project)|
||IDF Grant No. 28809, May 16,<br>1994|Preparation of draft procurement legislation.|IDF_$95,000_|
35

|COUNTRY|PROJECT|LEGAL**COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Asia|Regional Symposium on Collateral<br>Security and Debt Recovery laws<br>(June<br>1993)|Comparative analysis of debt recovery laws.|Asian Development Bank<br>Grant|
|Azerbaijan|Institution Building Loan (proposed)|Legal Technical Assistance component of the project will<br>finance assistance to the Legislative and Law Expertise<br>Department of the Office of the President in drafting and<br>reviewing economic and commercial laws and in establishing<br>legal institutions through a resident legal advisor and short-<br>term consultants. Legal training and equipment will also be<br>provided under this component of the project.|IBRD $25 m.<br>(Legal technical assistance<br>component estimated at<br>$900,000.)|
||Petroleum Technical Assistance<br>Project (Loan, proposed)|(1) Legal technical assistance for the development of a<br>legislative and fiscal framework for petroleum exploration<br>and production.<br>(2) Study analyzing legal issues in the determination of the<br>boundaries of riparian States on the Caspian Sea.|IBRD$550,000(for the<br>legal component of the<br>project)|
|Bangladesh|Finaincial Sector Adjustment Credit<br>(Cr No. 2152 BD), June 18, 1990|With assistance of the Bank and IMF, a Financial Loan<br>Courts Act was enacted in 1990 which established special<br>commercial courts in the major economic centers of<br>Bangladesh, whereby financial institutions could bring actions<br>against defaulting borrowers and the loans could be<br>adjudicated. One of the conditionalities of the Credit<br>required the enactment of a satisfactory Banking Companies<br>Law. These activities were not financed but technical<br>assistance (review/advise) in respect of these enactmnents<br>was<br>provided including supervision of their implementation.|IDA SDR132.7 m.|
36

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Bangladesh<br>(Cont.)<br>l______________|Second Industrial Sector Adjustment<br>Credit (Cr No. 2427 BG),<br>November 6, 1992<br>________________________________|<br>The effectiveness conditions of the Credit required, inter alia:<br>I) formulation of a program of reform of business law, legal<br>institutions, and legal and administrative procedures; ii)<br>strengthening of the legal drafting staff in the Ministry of<br>Law and Justice; and iii) establishment of a judicial training<br>institute. Extensive technical assistance (not financed under<br>the Credit) was provided in respect of these activities,<br>including supervision of their implementation.|IDA SDR72.2 m.<br>l|
|Barbados|Structural Sector Development,<br>Japanese Grant Agreement,<br>August 14, 1992|Legal technical assistance in connection with: (a) the design<br>of an adequate legal and regulatory framework conducive to<br>private sector investment; (b) the drafting of anti-dumping<br>and safeguard legislation; and (c) the review of the labor<br>market legal and regulatory framework.|Japanese Grant Y123.1 m.|
|Belarus|Institution Building<br>(Loan No. 3640 BY), August 13,<br>1993|Private sector development component of the project will<br>finance assistance to the State Property Conunittee in drafting<br>model corporate charters for the privatized enterprises and In<br>identifying the laws that constitute an obstacle for private<br>sector development.<br>Anti-monopoly reform component of the project will finance<br>assistance to the Anti-Monopoly Committee In developing a<br>legislative framework for the break-up of non-natural<br>monopolies.<br>Social sector reform component of the project will finance<br>assistance to the Ministry of Labor in reviewing the existing<br>labor laws.|IBRD S820,000|
|l_____________|Privatization, Enterprise Reform and<br>Demonopolization Project,<br>Technical Cooperation Agreement<br>(Project No. 28521), June12,1992|Technical assistance to finance, inter alia, reform of the legal<br>framework for privatization and demonopolization.|IBRD $325,000|
37

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Belize|Private Sector Development,<br>Japanese Grant Agreement,<br>August 14, 1992|Legal technical assistance in reviewing the company, tax and<br>banking laws.|Japanese Grant Y80.7 m.|
||Second Power Development Project<br>(Loan No. 3776 BEL), August 8,<br>1994|Drafting of regulations for the Electricity Act.|IBRD S11.5 m.|
|Benin|Technical Assistance Project<br>(Cr No. 1530 BEN), February 28,<br>1985|Carrying out a national workshop to examine legal and<br>regulatory barriers to private sector development<br>and to<br>propose solutions.|IDA SDR 5.1 m.|
||Private Sector Development<br>Project<br>(Credit, proposed)|A legal component to carry out: (a) revision and updating of<br>business laws; (b) introduction of arbitration procedures and<br>an arbitration center; and (c) training of lawyers in the<br>Ministry ofJustice<br>and the judiciary.|IDA<br>l|
||Economic Management<br>Project<br>(Cr No. 2552 BEN), May 6, 1994|The legal component aims at carrying out studies, workshops<br>seminars and related activities to identify and resolve<br>constraints to the economic reform program, including in the<br>areas of law and the administration<br>of justice.|, IDA SDR3.7 m.|
||Second Structural Adjustment Credit<br>(Cr No. 2283 BEN), July 12, 1991|Review of legislation pertaining to investment promotion,<br>labor relations and commercial activity to develop an action<br>plan to improve effective implementation of such legislation.|IDA SDR4I.3 m.|
||Sector assessment (October 1994)<br>_____________|Review of the framework law on environment and<br>preparation of terms of reference for a National Agency for<br>Environmental Protection to be funded through IDA.||
|Bhutan|Third Forestry Development<br>Project<br>(Cr No. 2533 BHU), August 11,<br>1993|Legal technical assistance in the preparation (through FAO<br>and with Bank comments) of the new Forestry Law and<br>Social Forestry Rules, adoption of which were conditions of<br>the Credit.|IDA SDR3.9 m.|
38

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Bolivia|Municipal Sector Development<br>Project (Cr No. 2565 BO), April 5,<br>1994|Legal technical assistance in connection with the development<br>of legislation, norms and incentives to improve the<br>organization, functioning and personnel management of the<br>municipalities.|IDA SDR30. I m.|
||Environmental Technical Assistance<br>Project (Cr No. 2443 BO),<br>December 21, 1992|Legal technical assistance in connection with: (a) the<br>preparation of regulations for the environmenta**l**aw, the bio-<br>diversity law, the forestry law and the water law; and (b) the<br>preparation of a land-use planning law.|IDA SDR3.3 m.|
||Eastern Lowlands: Natural Resource<br>Management Project,<br>(Cr No. 2119 BO), May 7, 1990|Legal technical assistance in connection with the preparation<br>of a land law.|IDA SDR30. 1 m.|
||Hydrocarbon Sector Deregulation,<br>Restructuring & Engineering Project,<br>Japanese Grant Agreement,<br>November 18, 1992|Legal technical assistance in connection with: (a) the review<br>of the hydrocarbons law and other related legislation; and (b)<br>preparatory work for the establishment of the legal and<br>regulatory framework for the development of hydrocarbons in<br>Bolivia and drafting of the required model agreements and<br>revised legal provisions.|Japanese Grant Y71.5 m.|
||Environmental Technical Assistance,<br>Japanese Grant Agreement,<br>September 20, 1991|Legal technical assistance in connection with: (a) the<br>finalization of draft environmenta**l**egislation; (b) preparation<br>of draft environmental regulations; and (c) implementation of<br>such legislation<br>and regulations.|Japanese Grant Y42.3 m.|
||Public Enterprise Reform and<br>Privatization Project<br>Japanese Grant Agreement,<br>January<br>9, 1992|Revision of the legal and regulatory framework governing<br>public enterprises and contracting issues regarding the<br>privatization of municipal services.|Japanese Grant Y280.Im|
39

|COUNTRY|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Bolivia (Cont.)|Land Administration Project,<br>Japanese Grant Agreement,<br>December 3, 1993|Review of legislation dealing with land related issues such as<br>the agrarian reform law, environment and biodiversity laws<br>and decrees and identification of the legal changes required to<br>introduce a new land policy and assistance in drafting of new<br>land legislation.|Japanese Grant Y86.1 m.|
||Bolivia Regulatory Reform (PPF No.<br>825-0-BO), August 12, 1993<br>(amended May 24, 1994)|Preparation of regulations in the draft telecommunications<br>and power sector laws related to capitalization, studies for the<br>capitalization of Bolivia's telecommunications company and<br>support for the establishment and operation of regulatory<br>authorities and an administrative jurisdiction for regulatory<br>disputes.|IDA $1 m.|
||Judicial Reform Project (PPF No.<br>825-1 BO), August 12, 1993<br>(amended May 24, 1994)|Support for the preparation of the judicial reform program<br>including the development of policies in the areas of case<br>management and judicial adjudication and for the Ministry of<br>Justice's efforts in the areas of legislative reform, alternative<br>dispute resolution and legal education.|IDA**_$0.5_**m.|
||Regulatory Reform and<br>Capitalization Technical Assistance<br>Project (Cr No. 2647 BO), July 28<br>1994|Legal technical assistance in: (a) the drafting of necessary<br>legislation and regulations for the implementation of the<br>Borrower's capitalization program; (b) the drafting of<br>regulations for the framework laws and other related<br>legislation for the telecommunications and power sectors and<br>contractual documents related to the capitalization of the<br>Borrower's telecommunications company; (c) the preparation<br>of the legal agreements and other documents required for the<br>capitalization of one of the Borrower's airlines; (d) the<br>preparation and implementation of privatization btrategies for<br>the Borrower's airports; and (e) the development of the<br>institutional framework for the aviation sector including<br>review of the Borrower's aeronautical legislation.|IDA SDR1O.5 m.|
40

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Bolivia (Cont.)|Judicial Reform Project (Credit,<br>proposed)|Developmtnt of judicial procedures guidelines and training of<br>judges in the implementation thereof, a study on the<br>judiciary's organization and development of alternative<br>organizational structures, judicial legal training, institutional<br>strengthening of the judiciary and the Ministry of Justice,<br>support for the establishment of mediation and conciliation<br>centers, and a study on legal education.|IDA$9.5m.|
||Financial Markets (PPF No. 880-0<br>BO), September 16, 1994|Review the draft insurance law, and to draft regulations to<br>the draft securities law and modifications to the banking law.|IDA $1 m.<br>l|
||Financial Markets Technical<br>Assistance Project<br>Japanese Grant Agreement<br>(proposed)|Drafting of regulations for pension and capitalization<br>distribution systems.|Japanese Grant Y34.2 m.<br>l|
||Financial Markets (Credit, proposed)|Legal technical assistance would be provided to design norms<br>under the draft pension law and to develop circulars under<br>the draft securities and insurance laws.|IDA|
||National Land Administration Project<br>(Credit, proposed)|Legal technical assistance would be provided for the<br>implementation of a new land institute law and for the<br>drafting of a legal cadastre and registry law.|IDA $20.2 m.|
||Environment, Industry and Mining<br>Project<br>Japanese Grant Agreement<br>September<br>14, 1994|Preparation of terms of reference for studies for the<br>development of the institutional and regulatory framework for<br>environmental screening of new investments in the mining<br>and industrial sectors.|Japanese Grant Y10.9 m.<br>____<br>l|
41

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Bolivia (Cont.)|Power Sector Reform Capitalization<br>- Technical Assistance Project<br>Japanese Grant Agreement<br>(proposed)|<br>Legal technical assistance in connection with: the<br>organization, open access and commercial rules and<br>procedures of the proposed National Dispatch Center and<br>National Operations Committee, and transformation of<br>currently government-owned ENDE into one or more mixed-<br>economy (mixed-capital) corporations and capitalization of<br>such corporation(s).|Japanese Grant Y51.4 m.|
|Brazil|National Environmental Project,<br>(Loan No. 3173 BR), August 16,<br>1990|Improvement of the regulatory framework of the<br>environmental sector.|IBRD $117 m.|
|Bulgaria|Technical Assistance for Economic<br>Reform Project<br>(Loan No. 3384 BUL), July 22,<br>1991|Legal Technical Assistance to the Council of Normative Acts<br>of the Ministry of Justice in drafting economic legislation<br>(bankruptcy, commercial code, land registry law, public<br>notary regulations, stock exchange law and regulations,<br>securities law and public procurement regulations) through a<br>resident legal advisor and short-term consultants.|IBRD $1.2 m.|
|Burkina Faso|Public Institutional Development<br>Project (Cr No. 2378 BUR),<br>June 29, 1992|Legal component comprising improvement of legislation<br>(commercial, mining, land tenure and labor codes),<br>upgrading training for members of the legal profession,<br>strengthening of commercial law tribunals, introduction of<br>arbitration procedures and publication of the Official Gazette.|IDA $15 m.<br>Cofinancing=<br>Norway - $300,000|
|Burundi<br>l<br>__________|Private Sector Development Project<br>(Cr No. 2359 BU), June 22, 1992<br>_________________________|Legal technical assistance for revision and modernization of<br>business laws and the strengthening of the Commercial<br>Tribunal.|IDA $500,000<br>Cofinancing = USAD|
42

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Cambodia|Technical Assistance Project (Credit,<br>proposed)|Strengthening institutional capacity for controlling public<br>expenditures by developing a legal and regulatory framework<br>for public accounting. Strengthening institutional capacity for<br>managing foreign debt by developing the legal framework.<br>Legal technical assistance for private sector development.<br>Provision of legal advisory services to the Ministry of<br>Justice, Council of Jurists, and Legal Reform Unit.|IDA $17 m.|
|Cameroon|Economic Recovery Credit<br>(Cr No. 2627 CM), June 23, 1994|Review of forestry law and the implementing decree for the<br>law 94-01 on forestry, fauna and fisheries.|IDA SDR53.1 m.|
||GEF Grant for Biodiversity<br>(proposed),<br>October1994|Review of the regulation on fauna.|GEF|
|Cape Verde|Public Sector Reform and Capacity<br>Building Project (Cr No. 2566 CV),<br>February 16, 1994|Legal framework and judicial reform component provides<br>for: (a) advisory services and training for the judiciary,<br>registrars and key ministries' legal departments; (b) business<br>law training for magistrates and lawyers; (c) strengthening<br>drafting skills in the Ministry of Justice; (d) development of<br>arbitration facilities and procedures for economic matters;<br>and (e) provision of equipment, materials and publications to<br>the Ministry ofJustice<br>and its agencies.|IDA $8. 10 m.<br>Cofinancing=<br>UNDP = $0.3 m.<br>Switzerland = $1 m.<br>France=$1 m.<br>EC =$4m.|
|Central African<br>Republic|Economic Management Project<br>(Cr No. 1971 CA), February 6,<br>1989|Financing of a resident legal advisor in the Ministry of<br>Economy, Finance, Planning and Ilternational Cooperation.|IDA $13.2 m.<br>Cofinancing=<br>UNDP-=2 m.|
||Sector assessment (June 1993)|Sector report on legal institutions strengthening initiative.||
||Fourth Structural Adjustment Credit<br>(proposed)|Legal technical assistance to establish a National Law Reform<br>Commission and for preparation of new codes in priority<br>areas such as labor and commercial legislation. Some<br>equipment may be provided for capacity building of the<br>judiciary to ensure regular publication of the Official Gazette.|IDA SDRI 1.5 m.|
43

|COUNTRY|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Central African<br>Republic<br>(Cont.)|Livestock Development and<br>Rangeland Management Project<br>(Credit, proposed)|Legal technical assistance to establish an appropriate legal<br>framework to promote land tenure security for herders and<br>farmers in rural areas by promoting land ownership and<br>titling.<br>_|IDA|
|Chad<br>l_____________|Household Technical Assistance<br>Project (proposed)|Review of the regulations on wood transportation and sales.|IDA\GEF|
|Chile|Second Transport Infrastructure and<br>Privatization Project<br>Japanese Grant Agreement, May 1,<br>1992|Review of Chile's legal and regulatory framework for public<br>works' concession arrangements and the security<br>arrangements related thereto.|Japanese Grant Y98.4 m.|
||Environmental Institutions<br>Development Project,<br>(Loan No. 3529 CH), December 15,<br>1992|Preparation of a new environmental protection law; the<br>establishment of an information system for enviromnental<br>laws and regulations; and the training of staff in<br>environmenta**l**egal matters.|IBRD_$1_1.5 m.|
||Technical Assistance and Hospital<br>Rehabilitation Project<br>(Loan No. 3427 CH), December 18,<br>1991|Legal technical assistance in connection with: (a) the design<br>of a legal and regulatory framework for the Chile's Ministry<br>of Health; and (b) review of the legal and regulatory<br>framework for the operation of Chile's health insurance plans<br>and drafting of the applicable regulations.|IBRD $27 m.|
||Water Resource Management Project<br>Japanese Grant Agreement, June 2,<br>1993|Legal technical assistance in connection with the definition of<br>the legal status and competence of river basin corporations<br>and the establishment ofamarket for water rights.|Japanese Grant Y125 m.|
44

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|China|Economic Law Reform Project (Cr.<br>No. 2654 CHA), November I1i,<br>1994|This free-standing legal technical assistance project would<br>assist China in improving the legal framework to support<br>economic reform by: strengthening the training methods,<br>curricula and opportunities for law teachers, legal<br>practitioners and legal, judicial and other government<br>personnel in the theory and practice of the new legal<br>framework; and strengthening the key legal institutions<br>responsible for legislation and the implementation of<br>economic laws.|IDA SDR 6.9 m.|
|||The project would consist of three parts: sub-projects to<br>support preparation of legislation; sub-projects to support<br>legal training; and institutional support.||
|||(a) Sub-projects under the legislative component would<br>support the preparation of laws (and their supplementary<br>regulations and implementing rules) included in the national<br>People's Congress (NPC) five year (1993-98) legislative<br>agenda, which would assist in the development of a market<br>economy (about 54 laws are considered in this category).<br>Each legislative sub-project would consist of a package of<br>assistance, designed to provide comparative legal experiences<br>and advice on legislative drafting in a specific field of law.<br>Each package would include as necessary: acquisition and<br>translation of materials (particularly foreign laws and<br>regulations); employment of international and local legal<br>experts t advise on drafting outline and detailed provisions;<br>seminars to discuss initial directions and subsequent draft;<br>and short, focussed study tours by drafting group members to<br>investigate specific issues arising in the drafting process.<br>Initial sub-projects include support for the drafting of a<br>revised bankruptcy law, unified contract law, tax laws, anti-<br>monopoly law and implementing regulations for the foreign||
45

|COUNTRY|PROJECr|**LEGAL**COM PONENT|**FINANCIERS**|
|---|---|---|---|
|China (Cont.)|Economic Law Reform Project (Cr.<br>No. 2654 CHA), November II,<br>1994 (Cont.)|trade law.<br>(b) Sub-projects under the training component would provide<br>support fbr key activities which would either: (i) have a<br>broad impact on legal and other professionals teaching,<br>training or implementing economic laws; or (ii) where the<br>impact is more limited, demonstrate innovative approaches to<br>meeting the changing needs of the legal profession and legal<br>system in the market economy. Particular focus would be<br>given to the development of new forms of teaching materials<br>and training methods and to the development of legal<br>information systems. Sub-projects would be expected to assist<br>short-term needs in practical training of legal personnel as<br>well as long-term strengthening of the legal training system,<br>such as through curriculum development. Training sub-<br>projects would be expected to address primarily in-country<br>training and would not be limited to training at the national<br>level in Beijing.||
||_ __________________________|(c) The institutional support component would provide<br>targeted assistance to key legal institutions whose functions<br>will expand and grow In importance In a market economy.<br>The NPC's Commission on Legislative Affairs (CLA), which<br>reviews and revises all drafts submitted to the NPC and is<br>also responsible for the drafting of selected laws, would<br>modernize its document processing and circulation with new<br>office equipment and technology and would upgrade its<br>databases of foreign laws, for reference purposes. The State<br>Council's Bureau of Legislative Affairs (BLA) would upgrade<br>and extend its database of Chinese laws, State Council<br>regulations, ministerial circulars and provincial legislation<br>and regulations and funds would be provided for various<br>government agencies to be joined in a legal information||
46

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|China (Cont.)|Economic Law Reform Project (Cr.<br>No. 2654 CHA), November11,<br>1994 (Cont.)|network. Assistance to the Ministry of Justice_(MOJ)_in re-<br>designing the lawyers examination system and continuing<br>legal education will also be provided.||
||Financial Sector Technical<br>Assistance (Cr No. 2423 CHA),<br>December<br>20, 1992|Support for central bank legal department (consultancy,<br>database, seminars).<br>__l|IDA SDR42. 1 m.|
||a) Sichuan Gas Development and<br>Conservation Project (Loan No.<br>3716 CHA), September 16, 1994<br>b) Japanese Grant Agreement,<br>February 12, 1993<br>c) GEF Grant Agreement<br>(TF028693), September 16, 1994|Assistance in (a) formulation of a restructuring action plan<br>encompassing, inter alia, the following areas: (i) the<br>development of legal, regulatory and contractual regime for<br>onshore oil and gas activities, and (ii) corporatization and<br>commercialization of oil and gas enterprise; and (b) carrying<br>out the said restructuring action plan.|a) IBRD $255 m.<br>b) Japanese Grant Y150 m.<br>c) GEF SDR 7,3 m.|
||Study on Options for Power Sector<br>Restructuring<br>IDF Grant No. 28736, February 17,<br>1993|Review of the legal and regulatory framework, and<br>commercialization and corporatization of the power sector.<br>__________________________|IDF $225,000|
||Telecommunications Project (Loan<br>No. 3687 CHA), April 25, 1994|Possible consultancy in telecommunications law.|IBRD|
||Sector assessment (January 1993)|Comments to officials of several municipalities on their draft<br>water and sewerage regulations being developed as part of<br>envirommental projects for Jiangsu province.<br>l||
||Financial Sector Development<br>Project (proposed)|Reviewing central bank, commercial bank and non-bank<br>financial institutions laws and securides market laws.|Japanese Grant|
47

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|China (Cont.)|Housing and Social Security Systems<br>Reform Project<br>Japanese Grant Agreement, April 1,<br>1993|Legal assistance during project preparation in establishing<br>joint stock companies to manage residential buildings and in<br>developing a regulator framework which addresses issues<br>relating to registration of real property rights, landlord/tenant<br>relations, relations among co-owners of residential buildings<br>and mortgage foreclosure procedures.|Japanese Grant $80,000 (for<br>legal technical assistance)|
|Colombia|Energy Sector Loan (proposed)|(a) the process of reorganizing currently govermnent-owned<br>ISA into separate corporations that will handle generation<br>activities, the one and system dispatch under the new<br>wholesale market rules, the other; (b) implementation of a<br>new gas structure with private sector participation, including<br>establishment of an investment planning mixed-capital<br>(mixed-economy) entity and (c) reviewing and consolidating<br>existing environmental protection regulations for the Sector<br>industries.|IBRD $11 m.|
|Comoros|Small Enterprise Development<br>Project (Cr No. 2632 COM),<br>June 21, 1994|The legal component of the project consists of the following<br>sub-components: (a) compilation, consolidation and<br>publication of existing commercial and business laws; (1)<br>rehabilitation of the process of publication of the Official<br>Journal; (c) establishment of a Law Reform Commission to<br>review, and propose amendments to, existing commercial and<br>business legislation; (d) measures to streamline the litigation<br>process in the lower courts, and enhance the capacity of such<br>courts to dispose of commercial law cases; (e) budgetary and<br>other measures to improve the process of recruitment and<br>training of magistrates and other paralegal staff; and (f)<br>measures to strengthen the effectiveness of the Ministry of<br>Justice.|IDA $0.85 m.<br>l|
48

|**COUNTRY**|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Congo|Public Enterprise Sector Adjustment<br>Loan (proposed)|In depth study of existing legislation regulating public<br>enterprises and of impediments to liberalizationlprivatization<br>and reform proposals; review of legal framework relating to<br>commercial operations and proposals for reform; review of<br>legal framework relating to the judiciary: codes, tribunals,<br>expertise of magistrates and the legal profession, and<br>proposals for reforms and training; reform of hydrocarbon<br>law.|IBRD|
|Costa Rica|Second Water Supply and Sewerage<br>Project (Loan No. 3625 CR),<br>July 28, 1993|Legal technical assistance in the fomulation of a new legal<br>and regulatory framework for the provision of water and<br>sewerage services in Costa Rica.|IBRD $26 m.|
||Health and Nutrition Project,<br>Japanese Grant Agreement, May 22,<br>1992|Review of existing legislation related to the role and functions<br>of Costa Rica's Ministry of Health on environmental health.|Japanese Grant 1161.9 m.|
||IDF Grant for Institutional<br>Environmental Planning and<br>Strengthening (proposed)|Legal technical assistance in reviewing the proposed national<br>environmental law.<br>_<br>__l|IDF $360,000|
|Cote d'Ivoire<br>_____________|Economic Management Pect<br>(Cr No. 2503 IVC), June 14, 1993|Support to the Ministry of Justice to strengthen the legal<br>framework and judicial system in commercial areas,<br>including: (a) updating of economic legislation; (b)<br>establishment of an arbitration couirt for commercial disputes<br>and provision of logistical support to this Court; (c)<br>computerization of selected courts' registrar's offices;_(d)_<br>design and implementation of training program in commercial<br>and financial legislation for the legal community; (e)<br>assistance for publication of legal and judicial data and<br>acquisition of law books and periodicals for courts and<br>tribunals; and (f) institutional strengthening of the Supreme<br>Court through training of staff and acquisition of computers<br>and equipment.|IDA $17 m.<br>French Ministry of<br>Cooperation=<br>$1.3 m.|
49

|COUNMRY|**PROJEC**|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Cote d'lvoire<br>(Cont.)|Sector assessment (August 1994)|As part of the country environment strategy paper (CESP)<br>comment on the legal and institutional aspects of the CESP.|l|
|Croatia|IDF Grant No. 28851 (proposed)|Preparation of draft procurement legislation.|IDF $148,000|
|Czech Republic|Energy Industry Restructuring<br>Project<br>Japanese Grant Agreement, July 12,<br>1993|Regulatory reform and privatization of the electric power<br>sector.|Japanese Grant 15 m.|
|Dominican<br>Republic|Power Generation and Institutional<br>Restructuring Project<br>Japanese Grant Agreement,<br>December14,1993|Assessment of the current institutional framework and<br>regulatory arrangements on environmental control in the<br>power sector.|Japanese Grant VI 19.3 m.<br>l|
||Industrial Free Zone Development<br>Project (Loan No. 3033 DO),<br>December 4, 1989|Technical assistance (a) to develop mechanisms and<br>procedures to simplify access for temporary admission of<br>goods under Law 69 (Nov. 8, 1979); and (b) to carry out<br>studies to develop a long-range plan for thie development of<br>industrial free zones based an assessment of the absorptive<br>capacity for such zones, including review of performance of<br>the private and public industrial free zones and the rental<br>policies of such public zones, assessment of level of rents.|IBRD $30 m.|
||Private Sector Development Project<br>(Loan, proposed)<br>_____**_**_______<br>enforcement|Technical assistance (a) to establish a fund for the<br>intennediation of term financing, including the development<br>of its policy and institutional framework and training of<br>personnel; (b) to the Superintendency of Banks to improve its<br>ability to assess the financing entities, to ensure an effective<br>of the Banking Regulations.|EBRD $ 51 m.|
so

|COUNTRY|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Ecuador|Second Social Development Project -<br>Health and Nutrition<br>(Loan No. 3510 EC), February 8,<br>1993|Legal technical assistance in connection with the design of<br>legal reforms required to achieve a decentralized provision of<br>health services and the development and use of administrative<br>and operations instruments, procedures, norms and manuals<br>in support of such decentralization.|IBRD $70 m.<br>|
||Mining Development and<br>Environmental Control Technical<br>Assistance Project<br>(Loan No. 3655 EC), March 8, 1994|Technical assistance in (a) the application and revision of<br>mining legislation and regulations; and (b) the review of legal<br>and procedural issues with respect to the issuance,<br>registration and termination of mining concessions and<br>processing of licenses.|IBRD $14 m.|
||Sector assessment (August 19, 1994,<br>Report No. 12777-EC)|A diagnostic study of Ecuador's judicial system is carried out<br>as part of a private sector assessment of the country,<br>including issues related to the judicial institutions, operations<br>of the courts, the procedural codes, alternative dispute<br>resolution methods, legal education and the role of the bar<br>association.||
||Public Enterprise Reform Technical<br>Assistance Project (Loan, proposed)|Legal technical assistance in connection with the preparation<br>of the necessary legal and regulatory reforms in the energy<br>and telecommunication**s**ectors.|IBRD $12 m.|
51

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Ecuador (Cont.)|Biediversity Protection Project<br>GEF Grant Agreement, May 19,<br>1994|Comparative review of current legislation affecting areas<br>within national system of protected areas. Analysis of<br>institutional, legal and social problems impinging on the<br>protection of biodiversity (e.g. landholdings in protected<br>areas) in order to develop legislative reform proposals.<br>Establishment of policies, proposal of legal reforms required<br>for the protection of biodiversity and natural resources in<br>Ecuador. Drafting and issuance of regulations to govern the<br>granting of operating permits to public and private users of<br>protected areas and limit extraction activities in these areas<br>(NSPA areas). Drafting and_issuance_of regulations to govern<br>the impact of public and private property on the management<br>of protected areas. Development of a strategy, and drafting<br>and issuance of regulations to allow community participation<br>in the administration of protected areas and of their buffer<br>zones.|GEF SDR 5.2 m.|
||Irrigation Subsector Technical<br>Assistance Project (Loan No. 3730<br>EC), October 19, 1994|Development of regulatory and administrative framework<br>required to rationalize the government's role in its irrigation<br>subsector, and reorganization and strengthening of the<br>relevant institutions.|IBRD $20 m.|
||Modernization of the State Technical<br>Assistance Project<br>Japanese Grant Agreement<br>(proposed)|Evaluation of the different legislative proposals to support the<br>restructuring of the public sector, including those on<br>regionalization and decentralization of the public sector.<br>Development of a plan to reorganize the public sector.|Japanese Grant Y59.9 m.|
|Egypt|Helwan Industrial Pollution Control<br>Project (proposed)|Assistance in preparing environmenta**l**egislation with<br>implementing regulations.|UNDP|
||Foreign Trade Institutional Support<br>Project<br>IDF (:rant No. 028749, July 26,<br>1993|Consultancies to study antitrust and antidumping legislation.|IDF $276,000|
52

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Egypt (Cont.)|Private Sector Assessment Phase I<br>(completed)|Assistance in identifying private sector development<br>constraints in the legal, regulatory and judicial systems, and<br>in highlighting the main areas where further action is needed<br>to accelerate private sector development.||
|l_____________|Private Sector Assessment Phase 11|Assistance in the preparation of a country-owned private<br>sector development matrix. Recommendations for short,<br>medium and long term actions to reform legal and regulatory<br>framework of privatization and private sector development<br>and the commercial judicial system, and to develop<br>alternative dispute resolution mechanisms.||
|El Salvador|Technical Assistance Project<br>(Loan No. 3648 ES), October 21,<br>1993<br>l|Legal technical assistance in connection with the preparation<br>of an environmenta**l**aw.|IBRD $2.5 m.|
||Agricultural Sector Reform and<br>lvestment Project<br>(Loan No. 3576 ES), September 30,<br>1993|Legal technical assistance in connection with the preparation<br>of: (a) draft regulations for the law of the Agricultural<br>Technology Institute (CENTA); (b) a draft law regulating the<br>functions of the Ministry of Agriculture; (c) draft regulations<br>for the protection of the intellectual property rights of<br>researchers finding new cultivars; and (d) draft modifications<br>to a seeds law as required to transfer the responsibilities for<br>seed certification from CENTA to the directorate of plant and<br>animal health.|IBRD $40 m.|
||Power Technical Assistance Project<br>(Loan No. 3389 ES), September 11,<br>1991|Studies to analyze and evaluate the legal framework of the<br>energy sector, develop a detailed proposal for the<br>establishment of a regulatory body and prepare a draft bill of<br>law regulating matters related to electricity.|IBRD $11 m.|
||Energy Sector Modemization Project<br>(Loan, proposed)|Support the implementation of legal and regulatory reforms in<br>the power sector (i.e., environmental legislation, deregulation<br>and demonopolization of power generation, etc.)|IBRD $60 m.|
53

|COUNTRY|PROJECT|LIEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|El Salvador<br>(Cont.)|Land and Agricultural Services<br>Project (Loan, proposed)|Legal technical assistance to eliminate restrictions in land<br>tenure and_streamline_the existing agrarian institutions and for<br>the establishment of non-judicial conflict resolution<br>mechanisms and land registration and cadastral services.|IBRD $45 m.|
|Ethiopia||Legal technical assistance related to the review and<br>preparation of the draft National Environmental Action Plan.||
|Gabon|Forestry and Environment Project<br>(Loan No. 3506 GA), January 15,<br>1993|Comment on proposed environmenta**l**aw to be adopted as<br>condition of effectiveness.|IBRD $22.5 m.|
|Georgia|Institution Building Credit<br>(Cr No. 2641 GE), July 11, 1994<br>____________<br>**_**<br>_____ ___________|Review and assistance in drafting mass privatization<br>regulations. The Financial Sector component will assist in<br>_____<br>the drafting of banking legislation.|IDA $10.2 m.<br>l|
|Ghana|Legal Assistance Project (Credit,<br>proposed)|Designed to: (a) improve the efficiency of the judiciary; (b)<br>Improve Attorney General's Office's capacity to advise on<br>commercial matters; (c) improve dissemination of legislation<br>and judicial decisions to the private sector; and (d) improve<br>the property and security interest recording systems.|IDA<br>l|
||Ptivate Sector Adjustment Credit<br>(proposed)|Advising on the drafting of a telecommunications law and<br>implementing regulations.|IDA<br>l|
|Guinea|Second Economic Management<br>Support Project<br>(Cr No. 1963 GUI), November 29,<br>1988|Provision of legal advisors within two key government<br>agencies and the Ministry of Justice to provide legal advice<br>and services, transfer legal know-how to local counterparts,<br>develop a computerized legal data base and assist in<br>publication of the Official Gazette.|IDA SDRI 1.3 m.<br>Cofinancing=<br>AfDB $2.5 m.<br>UNDP $2.2 m.<br>FAC $2.8 m.<br>CCCE $1.2 m.<br>USAID$1.3 m.|
54

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Guinea (Cont.)|Financial Sector Adjustment<br>Operation Project<br>(Cr No. 2653 GUI), October 19,<br>1994|Legal technical assistance to build internal legal capacity<br>within the Central Bank and assistance to the Ministry of<br>Justice and the Supreme Court to upgrade the training of<br>magistrates, including legal materials and equipment to<br>improve the performance of the judiciary.|IDA $20 m.|
||Public Enterprise Sector<br>Rationalization and Privatization<br>Technical Assistance Project<br>(Cr No. 2398 GUI), August 6, 1922|Preparation and implementation of a legal reform program<br>through strengthening the legal system, including the<br>judiciary and institutions responsible for legal training.<br>Strengthening of the country's public enterprise sector<br>management capacity including legal advice on public<br>enterprise reform, legal framework for privatization,<br>divestiture program, and the development of a regulatory<br>framework for the public utilities.|IDA SDR5.4 m.|
||Rural Resources Management Project<br>(Credit, proposed)|Legal technical assistance to foster land tenure security by<br>promoting land ownership in rural areas through titling.|IDA|
|Guyana|Sugar [ndustry Restructuring and<br>Privatization Project,<br>(Cr No._2545_GUA), September 29,<br>1993|Assistance in the establishment of a legal and regulatory<br>framework for the sugar industry, including access to<br>preferential sugar markets, access to foreign exchange,<br>ownership, lease and use of land and water, and corporate<br>taxes.|IDA SDR10.9 m.|
||Integrated Primary Health Care<br>Project<br>lapanese Grant Agreement,<br>October 8, 1993|Review of the legal and regulatory framework of the health<br>sector and of the existing import laws.|Japanese Grant TIOY m.|
||National Environmental Management<br>Project (Credit, proposed)|Legal technical assistance in drafting necessary environmental<br>legislation.||
||Private Sector Development Project<br>Japanese Grant Agreement, August<br>24, 1993|Legal technical assistance in revising the Banking Act,<br>modernizing the laws governing corporations and in drafting<br>and implementing associated regulations.|Japanese Grant Y50.3 m.|
_55_

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Guyana (Cont.)|Financial Sector and Business<br>Environment Project (Credit,<br>proposed)|Legal technical assistance in drafting prudential financial<br>regulations. Implementation of the Companies Act through<br>drafting of corresponding regulations and strengthening the<br>Registrar of Companies.|IDA $3,5 m.|
||Secondary Towns Infrastructure<br>Development Project<br>Japanese Grant Agreement<br>(proposed)|Review of the institutional and legal framework for local<br>governments to assess their role in the provision of basic<br>services and infrastructure.|Japanese Grant Y59.4 m.<br>_|
|Honduras|Fourth Agricultural Credit Prject<br>(Loan No. 2991 HO), Novembeer<br>21,<br>1988|Legal technical assistance in designing legal, regulatory and<br>procedural changes to increase the effectiveness of using<br>chattel mortgages and mortgages and reduce the cost of<br>establishing both types of mortgages; and (b) analyzing the<br>system of property rights and title recording.|IBRD $25_m._|
||Energy Sector Structural Adjustment<br>(Cr No. 2306 HO), November 5,<br>1991|Legal technical assistance in preparing draft regulations for<br>envirommental protection in oil and gas exploration activities<br>and training governmental staff in the areas of intemal<br>petroleum legislation, contract negotiations and environmental<br>regulations.|IDA SDR85,610,000|
||Environmental Development Project<br>(Credit, proposed)|Legal technical assistance with respect to the proposed<br>national environmental law and its implementing regulation.<br>Legal technical assistance component of the project will<br>provide training to law professionals, judges, municipal<br>mayors and justices of the peace, environmental professionals<br>and community leaders, and law professionals interested in<br>teaching environmental law.|IDA|
||Water Supply and Sanitation Project<br>Japanese Grant Agreement<br>(proposed)|Technical assistance to carry out a review of the legal and<br>regulatory framework of the water and sanitation sector.<br>_<br>__|Japanese Grant Y57.1 m.<br>_l|
56

|**COUNTRY**|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|India|Maharashtra Power II<br>(Loan No. 3498 IN), July 8, 1992<br>Japanese Grant Agreement,<br>January 22, 1992|Institutional review of power sector in Maharashtra.|IBRD $2 m.<br>Japanese Grant Yl 12.5 m.|
||Technical Assistance for Private<br>Power Development (Loan No. 3630<br>IN), July 7, 1993<br>Japanese Grant Agreement,<br>March 15, 1994|Review of contractual arrangements for private power<br>projects.|IBRD $3.0 m.<br>Japanese Grant 1179.6 m.|
||Sector assessment (1993)|Analyzing the role of the Indian legal framework for private<br>sector development.|IBRI)<br>l|
||Capacity Building for introduction of<br>Value Added Tax (VAT)<br>IDF Grant No. 28773,<br>November 19, 1993|Establishment<br>of a VAT at the Central level.|IDF $455,000|
||Financial Intermediation<br>Loan<br>(proposed)|Strengthening proposed special tribunals for debt reco''-i.<br>Assisting in establishing credit information systema'<br>information system on defaulters. Assisting in review**ang**<br>mortgage laws.|IBRD|
||IDF Grant No. 28849 October 20,<br>1994|Compilation and publication<br>of laws and regulations<br>governing foreign direct investment in India.|IDF $120,000|
||Second Industrial Pollution<br>Prevention Project<br>Japanese Grant Agreement, August<br>23, 1993|Study on measures to strengthen compliance with industrial<br>pollution control laws.|Japanese Grant_$15,000_<br>(allocated for the study)<br>l|
||National Aids Control Project<br>(Cr No. 2350 IN), April 24,1992|Development of legal and ethical standards for treatment of<br>HIV/AIDS affected persons.|IDA SDR59.8 m.<br>_,l|
57

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|India (Cont.)|Cataract Blindness Control Project<br>(Cr No. 2611 IN), May 19, 1994|Development of grievance mechanisms to cover persons<br>injured by negligent care.|IDA SDR85.3 m.|
|Indonesia|Land Administration Project<br>(Loan No. 3792 IND),<br>September 30, 1994|Legal technical assistance in connection with the drafting of<br>new regulations on land registration.|IBRD $80 m.|
||Judicial and legal reform<br>IDF Grant (proposed)|Preparation of a legal development assessment. With a special<br>emphasis on modernizing and upgrading capabilities of<br>human resources of legal institutions through training, and (b)<br>improving the efficiency of the court system by analyzing and<br>upgrading court management.|IDF|
||National Water Supply Project -<br>Japanese Grant Agreement,<br>October 4, 1994|Assistance in reviewing the legal and regulatory framework<br>for the water sector to enhance private sector participation,<br>including contractual aspects required to facilitate such<br>participation (concessions, joint-ventures, licenses, etc.).|Japanese Grant 172.2 m.|
||Jakarta Water Supply Project -<br>Japanese Grant Agreement,<br>October 4, 1994|Assistance in reviewing the legal and regulatory framework<br>for the water sector to enhance private sector participation,<br>including contractual aspects required to facilitate such<br>participation (concessions, joint-ventures, licenses, etc.).|Japanese Grant Yl 16.6 m.|
||5th Telecommunications Sector<br>Modernization Project (Loan,<br>proposed)|Assistance in reviewing the legal and regulatory framework<br>for the telecommunication**s**ector to enhance private sector<br>participation, including contractual aspects required to<br>facilitate such participation (concessions, joint-ventures,<br>licenses, etc.).|IBRD|
|Jamaica|Trade and Private Sector<br>Development Adjustment<br>Japanese Grant Agreement, May 7,<br>1993|Design of a privatization strategy for public enterprises<br>including reform of the legal and regulatory framework;<br>reform of the legal and regulatory framework for customs<br>regulation and foreigntrade.|Japanese Grant Y82.5 m.|
58

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Jamaica (Cont.)|Private Sector Energy Development<br>Project<br>Japanese Grant Agreement, April 9,<br>1991|Preparation and negotiation of agreements to be entered into<br>between Jamaica and private investors in the energy sector;<br>implementation of the privatization strategy for the sector<br>including reform of the legal and regulatory framework.|Japanese Grant Y420 m.<br>l|
||Energy Sector Deregulation and<br>Privatization Project<br>(Loan No. 3502 JM), October 21,<br>1992|Design and impler entation of a new regulatory framework<br>for the power sector.|Interamerican Development<br>Bank $60 m.<br>(Loan No. 738/OC-JA of<br>March 3, 1993)|
||Private Investment and Export<br>Development Project (Loan No.<br>3720 JM), April 26, 1994|Improvement of the regulatory framework related to free<br>trade zones, including establishment and operation of private<br>free trade zones and single-factory free zones. Development<br>and implementation of a privatization law for existing free<br>trade zones. Improvement of regulatory framework related to<br>private sector investments.|IBRD $35 m.|
|Jordan|Telecommunications Project (Loan<br>No. 3738), June 28, 1994|Legal technical assistance to develop a regulatory framework<br>for the telecommunication**s**ector and to privatize the<br>telecommunications company.<br>----______ _ _ _ _ _ _ _ _ _ _|IBRD $20 m.<br>ECO gtee. $50 m.<br>Cofinancing = EIB, U.K.<br>__ _ _ _ODA,<br>JEXIM and others.|
**59**

|**COUNTRY**|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Kazakhstan|Technical Assistance Project<br>(Loan No. 3642 KZ), October 15,<br>1993<br>_____<br>**_**____<br>____<br>_____<br>_____<br>_____|Legat technical assistance to the Ministry of Economy and the<br>Ministry of Justice in developing a comprehensive<br>legal<br>framework with particular emphasis on economnic<br>and<br>commercial legislation.<br>The privatization and private sector development component<br>of the project will finance assistance in developing a legal<br>framework for promotion of foreign investment.<br>The financial sector development<br>component of the project<br>will finance assistance to the National Bank in revising and<br>implementing<br>banking laws and financial instruments<br>legislation.|(a) IBRD$1,500,000<br>(b) IBRD $3,150,000<br>(c) IBRD $400,000|
||Petroleum Technical Assistance<br>Project (Loan, proposed)|Legal technical assistance to enact a petroleum law and a<br>petroleum taxation code.|IBRD $300,000|
||Financial Sector Development<br>Technical Cooperation Agreement<br>(ProjectNo. 28509), April 30, 1992|Technical assistance in reviewing banking legislation,<br>accounting standards, auditing procedures and bank<br>supervision.|IBRD $238,500<br>_|
||Petroleum Legislation<br>Technical Cooperation Agreement<br>(Project No. 28505), April 30, 1992|Technical assistance in reviewing the investment framework<br>for petroleum exploration and production.|IBRD $500,000|
|Kenya|Parastatal Reform and Privatization<br>Project (Cr No. 2440 KE),<br>December 28, 1992|Implementation<br>of a study concerning comprehensive<br>review<br>of the basic laws of Kenya affecting the development of the<br>private sector and the privatizaton and restructuring of public<br>enterprises.|IDA $23.32 m.<br>Cofinancing = Japan|
60

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|FINANCIERS|
|---|---|---|---|
|Kyrgyz<br>Republic|Rehabilitation Credit<br>(Cr No. 2491 KG), May 20, 1993|Legal technical assistance to the Legal Department of the<br>Office of the President in drafting and reviewing economic<br>and commercial laws and in training the legal profession.<br>The privatization component of the project will assist in<br>drafting a privatization law and regulations.<br>Assistance in drafting mining legislation.<br>Preparation of a study on the legal issues in the privatization<br>in agriculture.|IDA $450,000<br>(This amount is allocated<br>only for the legal technical<br>assistance component of the<br>project.)|
||Financial Sector Development<br>Technical Cooperation Agreement<br>(Project No. 28520), April15,1992|Technical assistance in reviewing banking legislation,<br>accounting standards, auditing procedures and bank<br>supervision.|IBRD $239,500|
||Privatization, Enterprise Reform and<br>Private Sector Development<br>Technical Cooperation Agreement<br>(Project No. 28523), February 6,<br>1992|Technical assistance to foster the creation of a legal and<br>regulatory framework for private sector development.<br>|IBRD $296,000<br>_|
|Lao People's<br>Democratic<br>Republic|New Economic Mechanism Program<br>Support to Legal Framework -<br>Phase II (LAO/92/004/B101/42)<br>Preparation of Phase III of<br>UNDP/Bank financed project (IDF<br>Grant, proposed)<br>______________________________|Drafting of business legis ;tion and/or related regulations;<br>review of body of economic, financial and business<br>legislation; maintenance of an inventory of treaties, laws and<br>regulations; updating and enhancing of basic legal lexicon<br>prepared under Phase I of the project; provision of training<br>programs in business, economic, financial and commercial<br>law; and establishment of a Lao official gazette and a basic<br>legal library and information center.|UNDP (Bank-executed)<br>$687,000|
||GEFIIBRD Forest Management and<br>Conservation Project<br>(TF02W8697<br>LA)June29, 1994|Legal technical assistance related to revising the forestry law.|GEF SDR3.7 m.|
61

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Latvia|IDF Grant No. 28727,<br>December_15,_1992|Assistance to the Department of Government Reform at the<br>Ministry of State Reform in reviewing ewnomic legislation<br>for private sector development and development of legal<br>institutional capacity.|IDF $100,000|
||Swedish Trust Fund, (IF 031316),<br>September19,1994|Support for reviewing and drafting of the procurement law.|Sweden $65.000|
|Lebanon|Legal Assistance and Assistance to<br>the Judiciary<br>[DF Grant No. 05-28758,<br>November 12, 1993|Review of the commercial, financial and investment laws and<br>regulations, and the laws and procedures under which the<br>_judicialsystem_operates; and training of new and future<br>judges.|IDF $485,000|
|Lesotho|Privatization and Private Sector<br>Development Assistance Project<br>(Cr No. 2612 LSO), May 17, 1994|A comprehensive study to be carried out and action plan to<br>be subsequently implemented, on legal education, dispute<br>settlement mechanisms, legal information, the legal<br>profession and government legal offices. Technical assistance<br>to establish a legal framework for privatization and to<br>strengthen capital market regulations.|World Bank Implementation<br>Fund to be established:<br>$3 m.<br>IDA $700,000 (for the legal<br>component of the project)|
|Lithuania|Enterprise and Financial Assistance<br>Sector Project<br>Japanese Grant Agreement<br>(proposed)|Assistance to the government In establishing an adequate legal<br>and institutional framework for bankruptcy and secured<br>lending, the legal and regulatory framework for<br>environmental protection and the commercial legal and<br>regulatory framework.|lapanese Grant<br>EC Phare<br>_|
||Power Rehabilitation Project|Preparation of a study to design a regulatory framework for<br>the energy sector.|Norway $1.68 m.|
|Madagascar|Telecommunications Project<br>(Credit, proposed)<br>-___________________|Technical assistance in connection with the regulatory<br>framework for the privatization of the telecommunications<br>industry.|IDA $26 m.<br>Cofiancing<br>CFD, Em,<br>AfDB<br>andothers|
62

|**COUNTY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Madagascar<br>(Cont.)|Energy Sector Development Project<br>(Credit, proposed)|Technical assistance in connection with the proposed<br>establishment of an adequate legal and regulatory ftamework<br>for the energy sector.|IDA SDR3 1.8 m.|
||Private Sector Development Project<br>(Credit, proposed)|The project will include a business law reform component,<br>comprising (a) revision of business laws, (b) establishment of<br>a business law reform commission, and (c) measures to<br>strengthen the judiciary and Ministry of Justice.|IDA|
|Malawi|SADC Lake Malawi/Nyasa<br>Biodiversity Conservation Project<br>(GEF Grant, proposed)|The project will review and evaluate the compatibility of the<br>existing legislation of Malawi, Mozambique and Tanzania for<br>the management of Lake Malawl/Nyasa's biodiversity. The<br>review will be presented at an environmenta**l**egislation<br>conference of the three countries which is expected to<br>produce a report with recommendations to the three<br>governments for revising and harmonizing an effective legal<br>framework<br>for the conservation of the Lake's biodiversity.|GEF $5 m. (including<br>$127,000 for the legal<br>component)<br>l|
||Railways Restructuring Project<br>(Credit, proposed)<br>__________________________|Restructuring and a plan for the privatization of Malawi<br>Railways (MR) which is currently responsible for the<br>provision of all rail and lake services in Malawi, through the<br>establishment of two new companies, to take over rail service<br>operations and lake service operations respectively.|IDA SDR 11.2 m.|
|Mauritania|Financial and Private Sector<br>Development Project<br>(Credit, proposed)|Legal technical assistance in reviewing commercial law.<br>Computerization of the Official Gazette. Review and reform<br>of the judicial system. Training for magistrates and legal<br>profession to foster exchanges between Westerm trained and<br>Islamic magistrates.|IDA<br>l|
63

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Mauritania<br>(Cont.)|Development Management Project<br>(Cr No. 1865 MAU), February 12,<br>1988|Establishment of processes for monitoring the implementation<br>of key government decisions. Improving the functioning of<br>the Department of Legislation; reform of the civil service<br>legal framework; assistance to implemen**t**he institutional and<br>legal framework for local governments and training for<br>relevant Ministry and local government staff.|I)A SDR7.9 m.|
|Mauritius|Services Sector Modernization<br>Project<br>Japanese Grant Agreement, August<br>18, 1994|Technical assistance to (i) carry out a review of the<br>telecommunications policy and regulatory framework; (ii)<br>prepare an institution building program and logistics needs<br>for developing the telecommnunications<br>regulatory capacity;<br>(iii) review legal issues in intellectual property, data<br>protection and areas related to use of inforrnation technology;<br>(iv) legal practitioners in drafting necessary changes; and (v)<br>project preparation workshops to familiarize all parties with<br>legal issues surrounding the project activities.|Japanese Grant 18 1.4 m.|
|Mexico|Environmental Project<br>(Loan No. 3461 ME), April 28,<br>1992|Technical assistance in connection with (a) the definition of<br>enviromnental crimes and (b) the evaluation of conflicts<br>between the general ecology law and other laws relating to<br>natural resource management.|IBRD_$50_m.|
||Border Environmental Management I<br>Project<br>Japanese Grant Agreement,<br>September 29, 1993|Technical assistance in connection with: (a) the revlew of the<br>existing legislation on toxic waste and (b) the review of<br>existing water legislation and analysis of the effectiveness of<br>pollution charges and their impact on private sector<br>development of water resources.|Japanese Grant 1105.2 m.|
||Decentralization and Regional<br>Development Project<br>(Loan No. 3310 ME), June 25, 1991|Technical assistance in connection with the consolidation of<br>federal and state legislation in environmental areas.|IBRD $350,')0|
64

|COUNTRY|PROJECT|**LEGAL COMPONENT**|FINANCIERS|
|---|---|---|---|
|Mexico (Cont.)|Agricultural Technology Project<br>(Loan No. 3465 ME), June 17, 1992|Review and improvement of the legal, financial and<br>administrative aspects of resource mobilization in the<br>agricultural sector.|IBRD$150m.|
||Forestry Resources Development and<br>Conservation Project<br>Japanese Grant Agreement, May 21,<br>1993|Analysis of the current policy, legal and regulatory<br>framework for forestry development and conservation.|Japanese Grant T65.6 m.|
||Second Solid Waste Management<br>Project (Loan No. 3752 ME),<br>October 2, 1994|Strengthening environmental management of solid waste<br>through assistance in the preparation of model regulations for<br>States and municipalities for solid waste management and the<br>provision of technical assistance to three states in the<br>introduction and implementation of such regulations.|IBRD $200 m.<br>l|
||Northern Border Environment<br>Project<br>(Loan No. 3750 ME), June 10, 1994|Support for preparation of eavironmental regulations and<br>standards for border States and their municipalities in border<br>area; comparative study of industrial health, safety and<br>environmental pollution legislation in Mexico, USA and<br>Canada.|IBRD $368 m.|
||Water Resources Management<br>Project<br>Japanese Grant Agreement<br>(proposed)|Review of legal and regulatory framework related to the<br>National Water Rights and Users' Register. Preparation of a<br>program for the issuance of water rights titles.<br>_|Japanese Grant 172.8 m.|
|_________|Financial Sector Technical<br>Assistance Project (Loan, proposed)<br>_____<br>_______________________________|Review of regulatory and supervision processes of the<br>financial sector (National Banking Commission, National<br>Securities Commission, National Insurance and Bonding<br>Commission, National Commission of the Retirement Savings<br>System).|IBRD $19 m.|
65

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Moldova|Rehabilitation Project<br>(Loan No. 3653 MD), October 22,<br>1993|Legal technical assistance to the Ministry of Economy in<br>drafting and reviewing economic and commercial legislation<br>and in establishing legal institutions through a resident legal<br>coordinator, a commercial law specialist and short-term legal<br>experts. Legal training and equipment will also be provided<br>under this component.<br>Technical assistance component for financial sector<br>Infrastructure is designed, inter alia, to assist the National<br>Bank in drafting and reviewing banking legislation.|IBRD $900,000<br>(This amount is allocated<br>only for the legal technical<br>assistance component, and is<br>fully funded by a grant from<br>the German Ministry of<br>Development Cooperation.)|
|||Technical assistance component for enterprise reform and<br>Privatization is designed, inter alia, to assist the government<br>with review of foreign investment, securities, environment<br>and anti-monopoly laws.||
||Response to a request from<br>Parliament(August 21, 1993)|Review and comment on draft environmental protection law<br>(comments were partially incorporated in the final draft).||
||Response to a request from the Legal<br>Advisor to the President, October<br>**1994**|Review and comment of draft law on state ecological<br>expertise. Review related to the preparation of proposed<br>energy and environment projects.||
||Preparation of draft procurement<br>legislation<br>II) Grant No. 28804, May 11,<br>1994|Assistance in drafting public procurement law and regulations<br>and designing the appropriate institutional arrangements for<br>their implementation.|<br>IDF $90,000|
66

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Mongolia|Technical Assistance Project<br>(Cr No. 2321 MOG), December 27,<br>1991|Assistance to the Ministry of Justice in: (i) drafting of<br>economic, financial and business laws, (ii) training in<br>financial sector laws and in the drafting of laws and<br>negotiations of contracts, (iii) strengthening of the Ministry's<br>Legal Research Center, and (iv) publication of key economic<br>laws in English.<br>Assistance to the Ministry of Trade and Industry in the<br>development<br>of regulations and an institutional framework to<br>implement the foreign investment law, and expedite<br>procedures for prospective investors. Assistance in the<br>establishment<br>of comprehensive<br>customs regulations and<br>procedures. Assistance in drafting mining law and<br>regulations. Assistance in the (i) development<br>of a legal and<br>regulatory framework necessary to introduce new financial<br>instruments and securities, and (ii) development of legislation<br>and regulations covering such matters as civil penalties, debt<br>recovery, consumer protection, bills of exchange. Assistance<br>in the (i) development<br>of a legal and regulatory framework<br>necessary to introduce new financial instruments and<br>securities, and (ii) development of legislation and regulations<br>covering such matters as civil penalties, debt recovery,<br>consumer protection, bills of exchange.|IDA SDR3.7 m.<br>($318,000 equivalent for<br> <br>legal component to Ministry<br>of Justice)<br>|
|Morocco|Land Development for Low-income<br>Families Project<br>(Loan No. 3618 MOR), June 14,<br>1993|Review of the legal framework governing land acquisition<br>and resettlement.|IBRD $66 m.|
||Japanese Grant Agreement,<br>December 21, 1993|Review of the draft stock company, competition and<br>investment laws and acquisition of law books.|Japanese Grant $150,000<br>(for the legal component)|
||Private Sector Development Project<br>(Loan, proposed)|Development<br>of a program of legal reforms to facilitate<br>private investments and improve efficiency of the judiciary.|IBRD_$150_m.|
67

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Morocco<br>(Cont.)|Environmental Management Loan<br>(Loan No. 3647 MOR), May 20,<br>1994|Strengthening of the legal and institutional framework for<br>environment.|IBRD $6 m.|
||Power Sector Reform (Loan,<br>proposed)|Preparation of an electricity code.|IBRD $100 m.|
|Mozambique|Economic and Financial Management<br>Technical Assistance Project<br>(Cr No. 2066 MOZ), December 1,<br>1989|Component to strengthen the Central Bank's Legal<br>Department, including training, fellowships, seminars, on-<br>the-job training in legal research and drafting and acquisition<br>of computer equipment and books.|IDA $21 m.|
||Industrial Enterprise Restructuring<br>Project (Cr No. 2081 MOZ),<br>February 7, 1990|A component to finance legal advisors for the Ministry of<br>Finance's Privatization Unit.|IDA $50.1 m.<br>Cofinancing = Italy|
||Roads and Coastal Shipping Project<br>(Cr No. 2374 MOZ), June 19, 1992|Revision and implementation of a legal and regulatory<br>framework for the small ports and coastal shipping industry.<br>_|IDA $74.3 m.<br>Cofinancing = SIDA,<br>NORAD, AfDB, France,<br>USAID, UNDP,<br>GTZ/KfW, UNCDF,<br>BADEA, DANIDA, EC<br>~~~~~~~~~and<br>Switzerlandl|
||Maputo Corridor Revitalization<br>Technical Assistance Project<br>(Cr No. 2454 MOZ), February 12,<br>1993<br>______________ _<br>_<br>___|A legal advisory services component includes strengthening<br>the capabilities to review, streanline and update the legal and<br>regulatory framework and the provision of legal advisory<br>services to assist the government in negotiating privatization<br>transactions.|IDA $90.3 m.<br>Cofinancing=<br>ODA - $100,000<br>USAID =$600,000|
68

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|FINANCIERS|
|---|---|---|---|
|Mozambique<br>(Cont.)|Local Government Reform and<br>Engineering Project<br>(Cr No. 2530 MOZ), September 17,<br>1993|Assistance in carrying out a legislative and institutional<br>reform, including: (a) reviewing the existing legal and<br>administrative<br>framework of local government; (b) specifying<br>the degree of authority and responsibility to be given to<br>government at the central, provincial and local levels under<br>reform; (c) defining technical units to be created or<br>restructured; (d) drafting the legal framework to enable the<br>implementation<br>of the municipal reform on a national basis;<br>and (e) drafting of specific laws required to facilitate testing<br>of reforms in a selected group of cities.|IDA $23.2 m.<br>Cofinancing|
||Capacity Building Public Sector and<br>Legal Institutions Development<br>Project (Cr No. 2437 MOZ),<br>January 29, 1993|Strengthening<br>of legal institutions, including: (a)<br>strengthening of the strategic planning capabilities of legal<br>institutions; (b) strengthening of legal and paralegal services<br>through training; (c) support to the local legal reform<br>program; and (d) support to the institutional development<br>of<br>emerging legal institutions.|IDA $15.5 m.<br>Cofinancing -<br>SIDA|
||Financial Sector Capacity Building<br>Project (Cr No. 2607 MOZ), May 2,<br>1994|Legal componen**t**o further strengthen the capabilities of the<br>Legal Departnent of the Central Bank, the provision of<br>training for banking legal staff and reform of the banking<br>financia**l**egal framework.|IDA $9 m.<br>Cofinancing=Swiss<br>Development Cooperation<br>SFRI.5 m.<br>ODA|
|Nicaragua|Agricultural Technology and Land<br>Management Project<br>(Cr No. 2536 NI), August 5, 1993|Legal technical assistance in connection with the issuance and<br>registration of land titles to agricultural producers and the<br>review of the legal and administrative<br>status of areas<br>Identified respectively as indigenous lands and natural<br>resources.|IMA SDR31.1 m.|
69

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Nicaragua<br>(Cont.)|Health Sector Reform Project<br>(Cr No. 2556 NI), December 17,<br>1993|Analysis of the legal and regulatory framework for human<br>resource development of the Ministry of Health; the review<br>of the economic and financial impact of the legislation on the<br>marketing of pharmaceuticals, including the price controls<br>thereof and assessment of the legal changes required to allow<br>for increase purchases of pharmaceuticals by the Ministry of<br>Health, and for private sector distribution of such<br>pharmaceuticals.<br>_|IDA SDRIO.8 m.|
||Japanese Grant Agreement<br>(proposed)|Compilation and analysis of legislation pertaining to<br>budgetary responsibilities and identification of the<br>modifications to such legislation required for the<br>decentralization of responsibilities from the Ministry of<br>Health to its departnents, and preparation of new legislation<br>as needed for such purpose.|Japanese Grant Y98.4 m.<br>l|
||Financial Technical Assistance<br>Project<br>Japanese Grant Agreement, June 10,<br>1991|Legal technical assistance in connection with the preparation<br>of a legal and regulatory framework for the newly constituted<br>private commercial banking sector.<br>_|Japanese Grant 172.8 m.|
|Oman|Technical Cooperation Program<br>between Oman and the World Bank|Report on legal reform to encourage private investment.<br>Review of the commercial, financial and investment laws and<br>regulations with recommendations for legislative, and<br>regulatory reforms.||
||Sector assessment (December 1992)|At request of the government, review of the draft National<br>Conservation Strategy.||
|Pakistan|Financial Sector Deepening and<br>Intermediation (Loan, proposed)|Assistance in preparing legal and judicial reform program to<br>improve the environment of debt recovery; provision of legal<br>consultants' services to partially reorganize the corporate law<br>authority and to assist in revising the insurance law.|IBRD $213 m.|
70

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Pakistan (Cont.)|National Procurement Reform<br>Program<br>IDF Grant No. 028753, September<br>15, 1994|Assistance in revising federal and provincial procurement<br>codes and contracting standards, and, to that end, provision<br>of legal consultants' services.|IDF $350,000|
||Financial Resources Development<br>Japanese Grant Agreement,<br>February 5, 1993|Assistance in preparing legal and regulatory reforms relating<br>to divestiture, restructuring of state-owned financial<br>institutions, and revision of anti-trust legislation.|Japanese Grant Y39 m.|
||Financial Sector Deepening and<br>Income Generation<br>Japanese Grant Agreement,<br>September 24, 1993|Assistance in designing a legal and regulatory reform<br>program to support the private sector, including preparation<br>of a paper on legal and regulatory constraints to private<br>sector development, which was read at a World Bank-<br>sponsored conference on the Evaluation of the Private Sector<br>in April 1994.<br>_<br>_|Japanese Grant 186.1 m.|
||Private Infrastructure Development<br>Japanese Grant Agreement,<br>October 5, 1993|Assistance in the formulation of measures for establishment<br>and/or strengthening of regulatory framework for private<br>sector participation in infrastructure development.|Japanese Grant Y134.4 m.|
||Telecommunications Privatization<br>and Sector Restructuring<br>Japanese Grant Agreement,<br>October 21, 1993|Assistance in the formulation of measures for strengthening<br>of regulatory framework for private sector participation in<br>telecommunications development.|Japanese Grant Y82.9 m.|
||Power Sector Development<br>Japanese Grant Agreement,<br>November 12, 1993|Assessment of legal framework for restructuring and<br>corporatization/privatization of the power sub-sector.<br>_|Japanese Grant Y162 m.|
||Punjab Urban Environmental Project<br>(Credit, proposed)|The Metropolitan Corporation of Lahore ("MCL") proposed<br>Waste-to-Energy Project is one of the components. Legal<br>technical assistance is being provided to assist MCL in the<br>preparation of appropriate concession and related agreements<br>between it and an eventual private company concessionaire<br>which willbuildand operate the waste-to-energy facility.|IDA $60 m. (with Waste-to-<br>Energy component)<br>GEF $12.5 m.|
71

|**COUNTRY**|**PROJECT**|**LEGAL COM_PONEN**|**FINANCIERS**|
|---|---|---|---|
|Pakistan (Cont.)|Transport II Project (proposed)|Assistance in reforming the laws governing the railway<br>system to permit entry of private rail operators. Design a<br>contractual framework to govern third party/IBRD access.||
|Panama|Roads Rehabilitation Project (Loan<br>No. 3686 PAN), January 13, 1994|Legal technical assistance for the institutional strengthening of<br>Ministry of Public Works, Ministry of Planning and<br>Economic Policy and Ministry of Government and Justice by<br>(a) improving management and efficiency of the<br>government's agencies in the transport sector and (b)<br>coordinating all the investments in the transport sector to<br>increase participation of the private sector.|tBRD $60 m.|
|Paraguay|Land Use Rationalization Project<br>(Loan No. 3445 PA), April 28, 1992|Legal technical assistance in connection with: (a) the<br>establishment of the legal and regulatory framework<br>concerning the implementation of an agroecological zoning;<br>(b) the analysis of the existing system of land titling; and (c)<br>the analysis of the legal and regulatory framework regarding<br>environment and health including the drafting of<br>environmental and health legislation and regulations.|IBRD $29 m.|
||Public Enterprise Reform Project,<br>Japanese Grant Agreement,<br>August11,1992|Legal technical assistance in connection with the legal and<br>regulatory reform in selected areas, such as labor, domestic<br>and foreign debt and capital markets.|Japanese Grant Y101.3 m.|
||Environmental Technical Assistance<br>Project<br>Japanese Grant Agreement,<br>August 19, 1991|Analysis of the environmental policy on land use and review<br>of environment legislation and exist.ng environmental<br>legislative proposals.|Japanese Grant Y135.1 m.|
|Peru<br>l|Sector Assessment<br>_<br>_|The sector assessment of the judiciary includes issues related<br>to organization of the judicial sector, legal education and<br>information, operation of the courts, procedural law reform,<br>~~~~~~~~~~~~~alterna**ti**ve<br>dispute resolu on methods, and justices of peace.__l||
72

|COUNTRY|PROJECT|LEGAL COMIPONENT|FINANCIERS|
|---|---|---|---|
|Peru (Cont.)|vatization Technical Assistance<br>Pr,ject (Loan No. 3540 PE),<br>April 21, 1993|Legal technical assistance in connection with the preparation<br>and implementation of the privatization program and related<br>sectoral policy, legal and regulatory reforms, primarily in the<br>mining, hydrocarbons, telecommunications, power, fisheries,<br>air and urban transport, industry, water and baning sectors.|IBRD $30 m.<br>Coflnancing $6.5 m.|
||Power Sector Adjustment Loan,<br>Japanese Grant Agreement,<br>October 27, 1993|Review of the legislation that affects the electricity sector;<br>and (b) the evaluation of structural options for the<br>privatization of Lima's power company according to the new<br>legal framework ofthepower sector.|Japanese Grant 1106.9 m.|
||Irrigation Subsector Project,<br>Japanese Grant Agreement, June 28,<br>1993|Legal technical assistance In connection with the preparation<br>of the legal and regulatory framework for water resources<br>management.|Japanese Grant 156.5 m.|
||Mining Sector Environment Project,<br>Japanese Grant Agreement, June 28,<br>1993|Review of current environmenta**l**egislation with respect to<br>the mining sector and preparation of regulations to implement<br>the particular legislation with respect to the mining sector.|Japanese Grant 1275 m.|
||Financial Sector Management Project<br>Japanese Grant Agreement, July 9,<br>1991|Legal technical assistance in connection with the preparadon<br>and implementation of a new banking law and relatedi<br>regulations covering both commercial and development<br>banks, and finance and insurance companies.|lapanese Grant 156 m.|
||Energy Sector Reform and<br>Rehabilitation Project<br>Japanese Grant Agreement, May 7,<br>1992|Legal technical assistance in connection with the reform of<br>the legal and regulatory framework of the energy sector.|Japanese Grant 194.5 m.|
||Lima Water Rehabilitation and<br>Management Project (Loan,<br>proposed)|Support for creation and establishment of a water<br>management authority for the Rimac, Chillon and Lurin river<br>basins.|IBRD $150 m.|
||Irrigation Subsector Project (Loan,<br>proposed)|Development of a regulatory framework for the management,<br>registry and transfer of water use rights.|<br>IBRD $87 m.|
73

|COUNTRY|PROJECT|**LEGAL**COMPONENT|FINANCIERS|
|---|---|---|---|
|Peru (Cont.)|Urban Rehabilitation and<br>Management Project<br>Japanese Grant Agreement, March<br>14, 1994|Design of a policy framework for urban public finance, local<br>revenue instruments, and financial resource mob::ization.<br>Assessment of the regulatory and institutional framework for<br>managing urban services.|Japanese Grant Y86.3 m.|
||Structural Reforms II<br>Japanese Grant Agreement, June 30,<br>1994|Preparation of special labor regimes to facilitate the<br>privatization process. Studies with respect to tax<br>administration reform, tax collection and tax structure. Study<br>to develop the institutional framework for public investment<br>planning.|Japanese Grant K61.5 m.|
||Strtctural Reforms IVITrade and<br>Competition Policy Component<br>Japanese Grant Agreement, June 30,<br>1994|Studies for the unification of the tariff structure. Studies for<br>the development and establishment of the National Institute<br>for the Defense of Competition and Protection of Intellectual<br>Property.|Japanese Grant Y12.3 m.|
||Water Management and Coastal<br>Pollution Control Project<br>Japanese Grant Agreement, July 20,<br>1994|Studies for the establ.shment of the institutional and legal<br>framework for water management in the Lima metropolitan<br>area.<br>_|Japanese Grant 1132.5 m.|
||Energy and Mining Technical<br>Assistance Project (Loan No. 3610<br>PE), June 28, 1993|Legal technical assistance for the completion of the regulatory<br>framework for the energy, hydrocarbon and mining sectors<br>and for the preparation of modd contracts for electricity<br>supply concessions.<br>__|IEBRD $1 1.8 m.<br>|
|Poland|Technical assistance in restructuring<br>of rural finance institutions (oan,<br>proposed)|Advice on the restructuring of the Bank for Food Economy<br>and the cooperative bankng sector.<br>_|IBRD<br>____|
74

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Regional<br>Caribbean<br>Antigua &<br>Barbuda<br>Dominica<br>Grenada<br>St. Kitts &<br>Nevis<br>St. Lucia<br>St. Vincent &<br>Grenadine6|OECS Waste Management Project,<br>Japanese Grant Agreement, March 3,<br>1993|Modernization<br>of the regional environmental legislation and<br>regulation on solid and liquid waste management.|Japanese Grant 186.6 m.|
|Romania|Country }Environmen**t**<br>S rategy (June<br>1992)|Review and comment on draft environmental legislation.||
|Russia|Privatization Implementation<br>Assistance Project<br>(LoanNo. 3546 RU), May 15, 1993|Assistance to the government in the development of the legal<br>framework for privatization and in finding legal solutions for<br>the transactional elements of privatization.|IBRD $90 m.<br>EBRD: $43.8 m.|
||Oil Rehabilitation<br>(Loan No. 3623 RU), August 12,<br>1993|Assistance to the government in drafting international<br>tendering and petroleum tax legislation.|IBRD $10 m.|
||Highway Rehabilitation and<br>Maintenance Project (Loan No. 3706<br>RU), June 22, 1994|Assistance to the government in drafting transportation<br>legislation and regulations.|IBRD $300 m.<br>($2,150,000 for the legal<br>technical assistance<br>component).|
||Housing Reform & Privatization<br>Technical Cooperation Agreement<br>(Project No. 28503), November 28,<br>1991|Assistance to the government to change the legal basis and<br>legislative acts which regulate the production, distribution,<br>acquisition and use of housing.<br>_|IBRD $520,000|
75

|COUNTRY<br>PROJECT|LEGAL**COMPONENT**|FINANCIERS|
|---|---|---|
|Russia (Cont)<br>Review of Foreign [nvestment<br>Environment, Technical Cooperation<br>Agreement, (Project No. 28514)<br>March 6, 1992|Advice to the committee on foreign investment and policy<br>analysis and recommendations on aspects of the framework<br>for foreign direct investment.|[BRD $425,000|
|Petroleum Legislation, Technical<br>Cooperation Agreement,<br>(Project No. 28504)<br>February 26, 1992|Assistance to address the key elements of an investment<br>framework for petroleum operations.|IBRD $500,000|
|Private Sector Development,<br>Technical Cooperation Agreement<br>(Project No. 28515), April 15, 1992|Support the establishment of a sound regulatory framework<br>for small businesses.|IBRD $538,000|
|Financial Sector Development<br>Banking Legislation,<br>Technical Cooperation Agreement<br>(Project No. 28510), January 1,<br>1992|Assistance in reviewing banking legislation and, if required,<br>advise on the drafting of legislation.|IBRD $450,000|
|Privatization and Enterprise Reform,<br>Technical Cooperation Agreement<br>(Project No. 28512), January 29,<br>1992|Assistance to reform the legal framework through<br>reformulation and simplification of the privatization law and<br>implementing guidelines.|IBRD $1,576 m.<br>EBRD $9,740_m._<br>Government $456,000<br>Total $11,696,000|
|Environmental Management Project<br>(Loan, proposed)|Assistance to the government and regional authorities to<br>develop, implement, and enforce environmental policies and<br>regulations at federal and regional levels.|BRD $21.1 m.|
|Financial Institutions Development<br>Project (Loan No. 3734 RU),<br>June 22, 1994|Legal technical assistance in drafting of banking law.|IBRD $0.5 m.|
76

|"OUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|'wanda|Public Enterprise Reform Project<br>(Cr No. 2113 RW), May 7, 1990|Review of the legislation relating to public enterprises.|IDA $4.4 m.|
||Private Sector Development Project<br>(Cr No. 2541 RW), November 18,<br>1993|Assistance in reviewing business laws relating to development<br>of the private sector; establishing a tribunal of commerce;<br>and in strengthening and upgrading the administrative and<br>processing capabilities of its tribunal through provision of<br>equipment, books and training.<br>__________________________________________|IDA $12 m.<br>Cofinancing =<br>Belgians are participating<br>in the activity separately.<br>Small contribution for<br>consultants studies.|
|enegal|Private Sector Adjustment/Technical<br>Assistance Project (Credit, proposed)|Action plan to be developed and implemented for the<br>strengthening of the legal framework for the private sector,<br>by a local working group Including representatives from the<br>public and private sector.|IDA $2 m.|
||Sector assessment (September 1994)|Review and comment on draft competition law.||
|ierra Leone|Judicial and Legal Reform Project<br>(Credit, proposed)|Legal technical assistance for the carrying out of a detailed<br>study of legal aspects of the project.|IDA|
||Sector assessment (October 1994)|Review of the environmental framework law and the<br>regulatory framework for the mining sector.||
|lovakia|Enterprise and Financial Sector Loan<br>Japanese Grant Agreement,<br>February 8, 1993|Assistance to the government in reforming the bankruptcy<br>laws and procedures and in establishing out-of-court<br>conciliation procedures.|Japanese Grant Y66 m.|
|lovenia|Gas Restructuring Project<br>Japanese Grant Agreement,<br>September 29, 1993|Development of the legal and regulatory framework for the<br>natural gas sector.|Japanese Grant 1104.6 m.|
77

|COUNTRY|PROJECI|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|South Africa|UNDPfUNEP Project on<br>Environmental Law and Institutions<br>in Africa|As member of Steering Committee for the project, the Bank<br>has the lead in identifying the needs for development of<br>environmental laws and institutions (beginning in two<br>provinces).|UNDP/UNEP|
|Sri Lanka|Tbird Small and Medium Industries<br>(Cr No. 1860 CE), February 10,<br>1988|Study of debt recovery laws.|IDA SDR15.8 m.<br>Asian Development Bank|
||Third Industrial Development<br>(Cr No. 1948 CE), September 19,<br>198_|lmprovements in debt recovery legislation; preparation of<br>draft legislation to restructure the telecommunications sector.|IDA SDR31.7 m.<br>Asian Development Bank|
||Public Manufacturing Enterprises<br>Adjustment Credit<br>(Cr No. 2185 CE), Novembet 30,<br>**1990_**|Preparation of mining and minerals legislation; study of<br>company law and company registry.<br>________|IDA SDR90.7 m.|
||Fourth Small and Medium Industries<br>(Cr No. 2250 CE), July 15, 1991|Assistance in improving debt recovery and collection.|IDA SDR33.3 m.<br>Asian Development Bank|
||Plantation Sector Restructuring<br>Japanese Grant Agreement, July 19,<br>1991|Reform of regulatory framework of plantation sector.|Japanese Grant Y135 m.|
||Ho-tehold Energy Development<br>Japanese Grant Agreement, June 4,<br>1992|Study of legal and regulatory framework to promote private<br>sector participation in energy sector.|Japanese Grant Y9t. I m.|
||Private Sector Development<br>Japanese Grant Agreement, June 25,|Identification of policy and regulatory changes required to<br>support private sector development.|Japanese Grant Y67.5 m.|
78

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Sri Lanka<br>(Cont.)|Private Sector Infrastructure<br>Development<br>Japanese Grant Agreement,<br>August 20, 1993|Review of regulatory framework related to infrastructure.|Japanese Grant VI 11.3 m.|
|Swaziland|Urban Development Project (Loan,<br>proposed)|Review of urban sector legislation including enactment of<br>new rating act.|IMRD|
|Tanzania|Financial and Legal Management<br>Upgrading Project<br>(Cr No. 2413 TA), September 4,<br>1992|Review of commercia**l**aws; training within the Attorney<br>General's Office and provision of legal books and journals<br>for the Attorney General's law library; seminars for judges<br>and magistrates; training for registry assistants; and<br>upgrading of the high court library and various legal studies.|IDA_$5_m. (for the legal<br>component)<br>Cofinancing=<br>Sweden - $225,000<br>ODA<br>NORAD<br>DANIDA|
||Agricultural Adjustment Credit<br>(Cr No. 2116 TA)<br>April 6, 1990|Review of legislation on agricultural marketing and<br>cooperative.|IDA SDR150.4 m.<br>Cofinancing=<br>U.K. £12.5 m.<br>Netherlandsf.75m.|
||Mineral Sector Development<br>Technical Assistance Project (Cr No.<br>2648 TA), September 23, 1994|Review of legal regulatory framework for mineral sector;<br>review and enactnent of mineral sector laws and regulations<br>and of model mineral investment agreements; and training<br>programs on new legal and regulatory framework.|IDA SDR 9.9 m.|
|Thailand|Sector assessment|Review legal and regulatory constraints to a social security<br>reform program.||
||Sector assessment, 'Increasing<br>Private Sector participation and<br>Impeding Efficiency in State<br>Enterprises" (October 11, 1994)|Review legal framework for privatization and advise as to use<br>of concessions and BOTs.|l|
79

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Thailand<br>(Cont.)|(a) Coastal Resource Management<br>Project - Japanese Grant Agreement,<br>October 21, 1994<br>(b) Chao Phraya River Basin Water<br>Resource Planning amd Development<br>Project - JapaneseGrant Agreement<br>(proposed)<br>(c) Nan Basin Watershed<br>Management Project<br>Japanese Grant Agreement<br>(proposed)|Legal technical assistance in reviewing the legal framework<br>and regulatory aspects to be included as part of these<br>projects.|(a) Japanese Grant Y63.6 m.<br>(b) Japanese Grant 1105.9<br>m.<br>(c) Japanese Grant Y42.8 m.|
|Trinidad &<br>Tobago|Environmental Management Project<br>(proposed) (September 1994)|Review and conmnent of the draft environrental framework<br>law.||
||Water Sector Institutional<br>Strengthening Project (Loan No.<br>3784 TR), August 23, 1994|Legal technical assistance for the strengthening of the public<br>utilities commission to oversee the public utility sector,<br>including the participation of the private sector, and/or of any<br>other agency.|IBRD_$25_m.|
|Turkey|Privatization Implementation<br>Assistance Project<br>(Loan No. 3728 TU), May 5, 1994|Assistance to the government in developing the legal<br>framework for enterprise privatization, preparation and<br>completion of privatization transactions, and designing a<br>regulatory framework for the privatization of the<br>telecommunications<br>enterprise.|IBRD $100 m.|
||Public Sector Adjustment Loan<br>Japanese Grant Agreement<br>(proposed)|Legal assistance for the privatization of state communications<br>company, reform ofdIeregulatory framework for the energy<br>sector.|Japanese Grant Y128.4 m.<br>l|
||TEK Restructuring (Loan No. 3345<br>TU)<br>Japanese Grant Agreement<br>(proposed)|Reform of the legal and regulatory framework for the private<br>sector.<br>_|Japanese Grant 1237 m.|
80

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**F1NANCIERS**|
|---|---|---|---|
|Turkrnenistan|institution Building Technical<br>Assistance Loan (Loan No. 3791<br>TM), October**_5,_**1994|Assistance in drafting and reviewing economic and<br>commercial laws and in establishing legal institutions. Legal<br>training and equipment will also be provided.|IBRD $27 m. (including<br>$960,000 for the legal<br>technicil assistance<br>component)|
|Uganda|Environmental Management Capacity<br>Building Project (Credit, proposed)|Review and comment on the draft environment framework<br>law.|IDA**_$5_**m.|
||Public Enterprises Project<br>(Cr No. 1962 UG) December 2,<br>19.-Jdeveloping|Assistance to the government in defining a program of<br>divestiture and liquidation of public enterprises and in<br>legislation and administrative framework for<br>sound management of the public enterprise sector.|IDA SDRI 1.7 m.|
||Financial Sector Adjustment Credit<br>(Cr No. 2496 UG), June 22, 1993|Assistance in strengthening bank supervision, fostering<br>financial discipline and enhancing authority and capacity of<br>the Central Bank through legal reform. Accordingly, a new<br>Financial Institutions Act and a revised Bank of Uganda Act<br>have been promulgated. The Building Societies Act was<br>amended to give the Bank of Uganda oversight responsibility.<br>A new Leasing Finance Act (to support private investment<br>and develop medium-term financial instruments) and a<br>substantial revision of the Insurance Industry Act to provide<br>an appropriate legal and regulatory framework for insurance<br>industry are also undex preparation.|IDA SDR72.8 m.|
||Institutional Capacity Building<br>Project (Credit, proposed)|Assistance in the revision of the Laws of Uganda, the<br>preparation and publication of law reports; law reform to<br>assist in private sector development and reform of domestic<br>relations laws, provision of law books; and training of staff<br>of the Ministry of Justice and Constitutional Affairs, and the<br>Supreme, High and Magistrate Courts.|IDA $32,99 m. (including at<br>least $7,27 m. for the legal<br>component)|
81

|**COUNTRY**|**PROJECT**|**LEGAL COMPONENT**|**FINANCIERS**|
|---|---|---|---|
|Uganda (Cont.)|Cotton Sub-Sector Development<br>Project (Cr No. 2609 UG), June 22,<br>1994<br>_|The project supports the restructuring of the cotton industry<br>through inter alia, revision of the legal framework,<br>liquidation of a government regulatory and marketing agency<br> <br>and establishment of an industry based regulatory body.|IDA SDR 10 m.|
||Small Towns Water and Sanitation<br>Project (Cr No. 2583 UG), May 3,<br>1994|(Prepared under the Second Water Supply Project (Cr. 2124-<br>UQ)). Promulgation of the Water Act and subsidiary<br>regulations, which were reviewed and commented upon by<br>the Bank.|IDA SDR 30,4 m.|
||First Structural Adjustment Credit<br>(Cr No. 2314 UG), December 12,<br>1991|The Credit (SAC I) supported the promulgation of the<br>Investment Code of 1991 to provide favorable conditions for<br>investment and to repeal the restrictive Foreign Investment<br>(Protection) Act and the Foreign Investment Decree (1977)<br>and to establish the Uganda Investment Authority to promote,<br>facilitate and monitor investments and to advise government<br>on investment policies. The restrictive Industrial Licensing<br>Act of 1969 was also repealed as part of SAC 1.|IDA SDR 91.9 m.|
|Ukraine|Institutional Building<br>(Loan No. 3614 UA), June 25, 1993|The financial sector reform component will finarce assistance<br>to the National Bank an4 to the Ministry of Finance in<br>reforming payment account system and in setting standards<br>for banking operations.<br>The enterprise reform component will finance assistance to<br>the State Property Fund in formulating privatization policies<br>and enterprise restructuring process.|IBRI) $27 m.|
||IDF Grant No. 28787, March 2,<br>1994|Assistance to a law reform task force in devising a<br>comprehensive plan for legislative reforn relating to the<br>transition to a market economy.|IDF $380,000<br>l|
|Uruguay|Water Supply Rehabilitation Project<br>(Loan No. 2921 UR), April 4, 1988|Legal technical assistance in connection with the preparation<br>of draft legislation on the institutional structure and functions<br>of the statewatercompany.|IBRD $22.3 m.<br>l|
82

|COUNTRY|**PROJECT**|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Uruguay<br>(Cont.)|Second Agricultural Development<br>Project (Loan No. 3131 UR),<br>November 20, 1989<br>Japanese Grant Agreement,<br>November 20, 1989|Review of the legal constraints to agricultural export trade.|IBRD $65 m.<br>Japanese Grant Y250 m.|
||Public Enterprise Reform Project<br>(Loan No. 3517 UR), September 19,<br>1992|Legal technical assistance in connecticn with: (a) the<br>privatization of the national airline company (PLUNA); (b)<br>the reform of the port sector; (c) the reform of the power<br>sector;and (d)theprivatization of some alcohol plants.|IBRD $11 m.|
||Public Sector Reform Project,<br>Japanese Grant Agreement,<br>November 20, 1991|Legal technical assistance in connection with a reform of the<br>legal and regulatory framework of the electric power sector.|Japanese Grant V108.9 m.|
||Public Enterprise Reform and<br>Privatization Loan,<br>Japanese Grant Agreement,<br>March 23, 1992|Legal technical assistance in connection with: (a) the planning<br>and implementation of the participation of private investors in<br>a new telecommunications company; and (b) the<br>establishment of a regulatory authority for the<br>telecommunications sector, including drafting of regulations.|Japanese Grant 1209.3 m.|
||Private Sector Development Project<br>(Loan No. 3698 UR) (proposed)|Assistance in carrying out studies: (a) to expand the use of<br>movable collateral on financial transactions (including a legal<br>and economic analysis of the impediment to attach movable<br>collateral and the sale of such collateral), and (b) to<br>modernize and computerize the cattle registry, and integrate<br>such registry with the legal registries.|[BRD_$35_m.|
||Natural Resources Management and<br>Irrigation Development Project<br>(Loan No. 3697 UR), March 4,<br>1994|Study of the legal framework concerning the use of irrigation<br>water.|IBRD $41 m.|
83

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Uruguay<br>(Cont.)|Health Development Project (Loan,<br>proposed)|Technical assistance to (a) draft the legal documents that will<br>enable the Ministry of Public Health to contract the provision<br>of health services with medical entities; (b) carry out a<br>review of the public health regulatory framework in order to<br>implement the contracting of the Ministry of Public Health<br>provision of health services with medical entities.|IBRD $15.6 m.|
|Uzbekistart<br>__|Institution Building<br>(Loan No. 3650 UZ), Octeber 22,<br>1993<br>_________<br>.framework|Assistance to the legal department of the Cabinet of Ministers<br>in drafting and reviewing economic and commercial laws,<br>including a petroleum legislation, and in establishing legal<br>institutions through a resident legal advisor and short-term<br>legal experts. Legal training and equipment will also be<br>provided. The privatization and public enterprise reform<br>component will finance assistance to the committee for state<br>property and privatization in developing legal and institutional<br>for privatization.|IBRD $1.8 m.<br>(for the legal technical<br>assistance component of the<br>project.)|
84

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Venezuela|ludiciary Infrastructure Project<br>(Loan No. 3514 VE), December 30,<br>1993|This project constitutes the first Bank supported operation<br>with the exclusive purpose of judicial reform. The first<br>component includes a program for the institutional<br>strengthening of the Consejo de la Judicatura (Conseiol, the<br>constitutional body in charge of the administration of the<br>judiciary in Venezuela including (a) planning, financial<br>management and program budgeting; (b) studies in subjects<br>such as alternative dispute resolution methods, computerized<br>database on statutory and case law and matters of procedural<br>law; and (c) training of the staff of the Consejo in areas of<br>financial management and policy analysis, analysis of court<br>statistics, auditing procedures, court record keeping and court<br>management and supervision.|IBRD $30 m.|
|||The second component involves a program to modernize the<br>system of courtroom administration, in two phases: (a) a pilot<br>phase where alternative models of court organization and<br>automation will be implemented fourteen courts (including<br>public defender's offices); and (b) a second phase consisting<br>of the extension of the pilot models, such extension to be<br>based on the evaluation of the pilot phase.||
|___________|_<br>_____________________________|Training program for judges and other judiciary personnel as<br>well as technical assistance to strengthen the institutional<br>capabilities of the Judicial School. The last component<br>involves the construction, rehabilitation and upgrading of<br>court buildings.||
**_85_**

|COUNTRY|PROJECT|LEGAL COMPONENT|FlNANCIERS|
|---|---|---|---|
|Venezuela<br>(Cont.)|Trade Policy Loan<br>(Loan No. 3092 VE), October 16,<br>1989|Review_of_the legal provisions of GATI and their legal and<br>economic implications in connection with accession to GATT;<br>(b) assistance in preparing the necessary amendments to laws,<br>regulations and procedures in order to adopt anddumping and<br>antisubsidy procedures consistent with GATT; and (c) a<br>comparative study of the temporary admissions and the duty<br>drawback regimes of Venezuela and other countries for<br>purposes of adopting accurate, transparent and simple<br>temporary admissions and duty drawback procedures for<br>Venezuelan exporters.|IBRD $353 m.|
||Financial Sector Adjustment Loan,<br>(Loan No. 3224 VE), October 15,<br>1990|Legal technical assistance in connection with the development<br>of a new regulatory framework for the Venezuelan banking<br>authority.|[BRD $300 m.|
||Caracas Water Rehabilitation and<br>Privatization Project,<br>Japanese Grant Agreement, July 24,<br>1992|Legal technical assistance in connection with the formulation<br>of a legal and regulatory framework for the Caracas water<br>supply and sewerage system.|Japanese Grant V232,470,000|
|Viet Nam|Economic Reform Program<br>Japanese Grant Agreement, April 7,<br>1992|Consultancies in state enterprise law, bankruptcy law and<br>land law.|Japanese Grant V-10 m.|
||Legal Reform Project<br>VIEI94/003 (April 1994)|Free-standing legal technical assistance project to support<br>preparation of laws and legal training.|UNDP (Bank coop.)<br>Sl m.|
||State Enterprise Reform Project<br>VIE/91/Oll (April 1993)|Consultancies in state enterprise law and divestiture legis-<br>lation.<br>|UNDP (Bank-executed)<br>$2,975,000 (including<br>$535,000 for the legal<br>A component)|
86

|COUNTRY|PROJECT|LEGAL COMPONENWr|FINANCIERS|
|---|---|---|---|
|Viet Nam<br>(Cont.)|Sector assessment (May-September<br>1993)<br>l____________________________________________|Technical assistance related to the development of a national<br>environmental action plan including comments on draft<br>environmental protection law, draft environmental regulations<br>for Ho-Chi-Minh City and on draft environmental assessment<br>legislation.<br>|1|
||IDF Grant No. 28777, September 1,<br>1994|Review of the procurement legislation.<br>_|IDF $420,000|
|West Bank/<br>Gaza|Legal component under Grant<br>Agreement (rechnical Assistance for<br>the West Bank and Gaza), March 31,<br>1994|Completion of an inventory and preliminary analysis of<br>regulations in force in the Occupied Territories, and<br>preparation of an agenda of priority regulatory measures;<br>Preparation of a streamlined procedural system for licensing<br>of companiestcommercial activities and of a system for<br>commercial registration; and|Trust fund created and<br>administered by IBRD.<br>Total Trust fund: $19 m. of<br>which approximately 0.8 m.<br>for legal technical assistance.|
|||Formulation of a procedural system for land registration,<br>including title verification.||
|Yemen|Aden Port Development<br>Japanese Grant Agreeement<br>(Proposed)|Assistance to review customs procedures.<br>l|Japanese Grant 132.1 m.|
|Zambia|Privatization and Industrial Reform<br>Technical Assistance Project<br>(Cr Neo. 2405 ZA), July 13, 1992|Review of business laws and studies, resulting in amendments<br>to banking law, company law,businesslicensing law,<br>insurance law and stock exchange law.|IDA $20.88_m._<br>Cofinancing = OECF, KfW|
87

|COUNTRY|PROJECT|LEGAL COMPONENT|FINANCIERS|
|---|---|---|---|
|Zambia (Cont.)|Financial and Legal Management<br>Project (Cr No. 2535 ZA),<br>September 30, 1993|The legal component supports the carrying<sup>out of a</sup><br>comprehensive training program for legal<sup>and paralegal staff</sup><br>of the judicial services and certain ministries<sup>and institutes.</sup><br>Equipment, vehicles and office space<sup>will also be acquired</sup><br>for the Ministry of Legal Affairs, the courts,<sup>the registrar of</sup><br>companies, and the school of law.|IDA $18 m.|
# Policy Research Working **Paper Series**

|**Tide**|Author|Date|Contact<br>**for**paper|
|---|---|---|---|
|WPS1397 Are Private Capital Flows to<br>Developing<br>Countries Sustainable?|Ur Dadush<br>Ashok Dhareshwar<br>Ron Johannes|December 1994|J. Queen<br>33740|
|WPS1398 The Cost ol Air Pollution Abatement|Raymond<br>S. Hartman<br>David Wheeler<br>Manjula Singh|December 1994|E. Schaper<br>33457|
|WPS1399 How Important to India's Poor Is the<br>Urban-Rural<br>Compositon of Growth?|Martin Ravallion<br>Gaurav Datt|December1994|P. Cook<br>33902|
|WPS1400 Technical and Marketing Support<br>Systems for Successful Small and<br>Medium-Size<br>Enterprises<br>In Four<br>Coun:ries|Brian Levy with<br>Aibert Berry, Motoshige Ito<br>Linsu Kim, Jeffrey Nugent<br>and Shujiro Urata|December1994<br>h,<br>.|D. Evans<br>38526|
|WPS1401 Colombia's<br>Small and Medium-Size<br>Exporters and Their Support System|Albert Berry<br>s Jose Escandon|December 1994|D. Evans<br>38526|
|WPS1402 Indonesia's<br>Small and Medium-Size<br>Exporters and Their Support System|Albert Berry<br>s Brian Levy|December1994|D. Evans<br>38526|
|WPS1403 Small and Medium-Size<br>Enterprise<br>Support Policies in Japan|Motoshige itoh<br>Shujiro Urata|December1994|D. Evans<br>38526|
|WPS1404 The Republic of Koreas Small and<br>Medium-Size<br>Enterprises and Their<br>Support Systems|Unsu Kim<br>Jeffrey B. Nugent|December 1994|D. Evans<br>38526|
|WPS1405 Growth and Poverty in Rural India|Martin Ravallion<br>Gaurav Datt|January 1995|WDR<br>31393|
|WPS1406 Structural Breaks and Long-Run<br>Trends in Commodiy Prices|Javier Le6n<br>Raimundo<br>Soto|January 1995|R. Luz<br>31320|
|WPS1407 Pakistan's Agriculture Sector.<br>Is 3 to 4 Percent Annual Growth<br>Sustainable?|Rashid Faruqee|January 1995|F. Wilie<br>82262|
|WPS1408 Macroeconomic<br>Management<br>and<br>Intergovemmental<br>Relations in<br>China|Jun Ma|January 1995|C. Jones<br>37754|
|WPS1409 Restnrcturing<br>Uganda's Debt<br>The Commercial<br>Debt Buy-Back<br>Operation|Kapil Kapoor|January 1995|E. Spano<br>35538|
|WPS1410 Macroeconomic<br>Effs<br>of Terms-<br>of-Trade Shocks: The Case of Oil-<br>Exporting Countries|Nikola Spatafora<br>Andrew Warner|January 1995|J. Queen<br>33740|
# Policy Research Working Paper Series

|TlUe|Author|Date|Contact<br>for paper|
|---|---|---|---|
|WPS1411 Income Inequallty, Welfare, and<br>Poverty: An Illustration Using<br>Ukrainian Data|Nanak Kakwani|January 1995|G. Evans<br>85783|
|WPi1 412 Foreign Technology<br>Imports and<br>Economic Growth In Developing<br>Countries|Xiaomlng<br>Zhang<br>Heng-fu Zou|Januaty 1995|C. Jones<br>37754|
|WPS1413 Endogenous<br>Distortons in Product<br>and Labor Markets|Martin Rama<br>Guido Tabelilni|January 1995|S. Fallon<br>38009|
|WPS1414 The World Bank and Legal Technical<br>Assistance: Initial Lessons|The Wold Bank<br>Legal Department|January 1995|K. Mathemovh<br>82782|
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