Law N ° 2003-034 Authorizing The Ratification Of The Credit Agreement Concluded On June 03, 2003 Between The Republic Of Madagascar And The Fund African Development (Fad) Relative To The Rehabilitation Project Of The Road National Rn1 Bis Pk 38 To The...

Original Language Title: Loi n°2003-034 autorisant la ratification de l’Accord de Crédit conclu le 03 juin 2003 entre la République de Madagascar et le Fonds Africain de Développement (FAD) relatif au Projet de Réhabilitation de la Route Nationale RN1 Bis PK 38 au PK 99.3...

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REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana - law n ° 2003-034 authorizing the ratification of the Credit Agreement concluded on 03 June 2003 between the Republic of Madagascar and the Fund African Development (FAD) relative to the Rehabilitation project of the road national RN1 Bis PK 38 to the PK 99.3 and related provincial roads. Loan no. 2100/50006778 project No. P-MG-DBO-008 presentation of reasons in order to proceed with funding of the "Rehabilitation project of the national road RN1 Bis (38 PK to PK 99.3) and related provincial roads", the Republic of Madagascar concluded on June 03, 2003, a loan agreement for an amount of ten million one hundred thousand (UC 10 100 000) units of account , approximately 85.602.000.000 (four twenty five billion SIX hundred two million,) with the Fund African Development (FAD) Malagasy Francs.
PROJECT objectives the project aims to improve the efficiency of the transport sector to support the revival of the Malagasy economy.
At the species level, the project aims to improve the accessibility and mobility of rural people in the province of Antananarivo.
DESCRIPTION of the project to achieve the above mentioned objectives, the following achievements are expected from the project: Rehabilitation of a section of 61.3 km of the road national RN1 bis (38 PK to PK 99.3) between Fanjakamandroso and Tsiroanomandidy, which presents two homogeneous sections: a section of 56.3 km from existing to rehabilitate pavement, a section of 5 km, 2.2 km in urban areas to rebuild.
The rehabilitation of the first section is to renew the surface by 4cm asphalt dense on the width of 5.5 m from floor.
For the sections to rebuild, the bodies of roadway will be conducted in quartzite and serious crushed with a turnover of 4 cm asphalt dense layer.
Partial rehabilitation of five hundred and fifty (550) km from related provincial earthen roads, control and monitoring of works, institutional support, studies of provincial highways, Audit of the project financing of the ADF loan project: 10,10 million UC DON FAT: 0.23 million UC financial loans - lender terms: FAD - amount: 10.100.000 UC roughly 85.602.000.000 (four twenty five billion SIX hundred two million,) francs malagasy - duration : 40 years after a grace period of 10 years - principal payments: equal and consecutive semi-annual payments at the rate of 1% per year between the eleventh and twentieth years of the period and 3% thereafter: - 1 April or 1 October of each year - service Commission: 0.75% on the amount disbursed and outstanding,-commitment fee : 0.5% on the amount of the undisbursed loan starting one hundred twenty (120) days after the signing of the agreement.
Under the terms of article 82, paragraph VIII of the Constitution "the ratification or approval of the treaties... who committed the State finances must be authorized by law."
That is, the subject of this Act.
REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana - law n ° 2003-034 authorizing the ratification of the credit agreement concluded on June 03, 2003 between the Republic of Madagascar and the African Development Fund the project for the rehabilitation of the national road RN1 Bis (38 PK to PK 99.3) and related provincial roads: loan no. 2100/50006778 project No. P-MG-DBO-008 the Assembly national has adopted in its session of October 28, 2003 , the law whose content follows: single Article - authorized ratification of the credit agreement is concluded on 03 June 2003 between the Republic of Madagascar and the African Development Fund the project for the rehabilitation of the national road RN1 Bis (38 PK to PK 99.3) and highways provincial related amount of 10.100.000 (ten million one hundred thousand) UC , equivalent to 85.602.000.000 (four twenty five billion SIX hundred two million,) malagasy francs.
Antananarivo, October 28, 2003, the PRESIDENT of the National Assembly, the Secretary, LAHINIRIKO Jean loan agreement between the Republic of MADAGASCAR and the Fund African Development (project of REHABILITATION of the road national RN1 BIS (38 PK to PK 99,33) and of roads provincial related) loan agreement between the Republic of MADAGASCAR and the Fund African Development (project of REHABILITATION of the road national RN1 BIS (38 PK to PK 99,33) and of roads provincial related) _
Project No.: P-MG-DBO-008 the loan no.: 2100150006778 the present loan agreement (hereinafter referred to as the "agreement") is concluded on June 03, 2003, between the Republic of MADAGASCAR (hereinafter referred to as the "borrower") and the African Development Fund (hereinafter the "Fund").
1 whereas the borrower has requested from the Fund to finance part of the costs in currency and a portion of the costs in local currency of the project for the rehabilitation of the national road RN1 Bis (38 PK to PK 99.3) and related provincial highways (hereinafter the "project"), a loan up to the amount stated below;
2 whereas the project is technically feasible and economically viable;
3 whereas the Ministry of public works will be the body of the project;
4 whereas the Fund agreed to grant the said ready to the borrower in accordance with the terms and conditions set forth below;
IN faith of what, the parties to this agreement have agreed to the following: ARTICLE I General CONDITIONS - Section 1.01 DEFINITIONS. General terms and conditions. The parties to this agreement agree that all the provisions of the General Conditions applicable to loan and guarantee agreements entered into by the Fund, dated November 23, 1989, such as amended (hereinafter referred to as the "General Conditions") have the same scope and will produce the same effects as if they were inserted in full in this agreement.
Section 1.02. Definitions. Unless the context is opposed, whenever they will be used in this agreement, the various terms defined in the general terms have the meaning that has been set.
ARTICLE II loan Section 2.01. Amount. The Fund agrees to the borrower on its resources, loans in various currencies convertible to a maximum amount equivalent to ten hundred thousand million units of account (UA 10.100.000) (the unit of account defined in article 1, paragraph 1 of the agreement establishing the Fund).
Section 2.02. Object. The loan will finance part of the costs in currency and a portion of the costs in local currency of the project defined in annex I of the agreement.
Section 2.03. Assignment. The loan will be assigned to the various categories of project expenses, in accordance with annex II of the agreement.
ARTICLE III the principal SERVICE COMMISSION, COMMISSION commitments and TIMELINES Section 3.01. Repayment of the principal. ((a) the borrower will repay the principal amount of the loan, after a grace period of ten (10) years from the date of signing of the agreement, over a period of forty (40) years, at the rate of one percent (1%) per year between the eleventh and twentieth years of the period and three percent (3%) per year, the years following. b) the loan will be repaid by semi-annual payments equal and consecutive, the first of which will be made April 1 or October 1, whichever of the two dates immediately following the end of the grace period.
Section 3.02. Service Commission. The borrower will pay a service charge of three-quarters of one percent (0.75%) year on the amount of the loan disbursed and not yet repaid, in accordance with the provisions of section 3.02 of the General Conditions.
Section 3.03. Commitment fee. The borrower will pay a commitment fee of one-half of one percent (0.50%) on the amount of the loan disbursed, starting to run one hundred twenty (120) days after the signing of the agreement.
Section 3.04. Deadlines. Planned above the principal amount of the loan, the commission of service and the commitment fee will be paid all (6) months, April 1 and October 1 of each year.
ARTICLE IV commitment of the BORROWER Section 4.01. Commitment of the borrower. Under the terms of this agreement, the borrower undertakes to: increase the royalty of users at a level deemed satisfactory by the Fund.
ARTICLE V prerequisites has the entered into force, the first DISBURSEMENT and other CONDITION Section 5.01. Prerequisites for the entry into force. The entry into force of this agreement is subject to the realization by the borrower of the conditions specified in Section 5.01 of the General Conditions.
Section 5.02. Prerequisites for the first disbursement. In addition to the entry into force of this agreement, the first disbursement of the loan funds is subordinate to the realization by the borrower to the satisfaction of the funds, conditions below: to the Fund evidence of the adoption of the draft decree modifying the operation of the road maintenance fund (iron) to secure the tax on petroleum products (TPP), to expand the Advisory Board and cap the amount of resources for emergency work; and

provide to the Fund evidence of opening a foreign currency account with a first tier commercial bank to receive the contribution from the Fund for the financing of the acquisitions of property and compensation of the two resource persons.
Section 5.03. Another condition. In addition, the borrower must: provide to the Fund, at the latest on 30 June 2004 the action plan to increase the royalty of users.
ARTICLE VI DECAISSEMNTS - DATE Section 6.01. Disbursements. The Fund, in accordance with the provisions of the agreement and the General Conditions, will make disbursements to cover expenditures on goods and services required for the implementation of the project.
Section 6.02. Closing date. The date of December 31, 2005 or any other date further paragraph which has been agreed between the borrower and the Fund is fixed for the purposes of Section 9.01, a (iv) of the General Conditions.
ARTICLE VII ACQUISITION of goods, works and SERVICES Section 7.01. The borrower agrees that the proceeds of the loan are used for acquisition in the territories of the participating States or Member States, goods that are produced or the services from (the terms "participant" and "Member State" are defined in Article 1, paragraph 1 of the agreement on the establishment of the Fund).
Section 7.02. Procurement of goods and works. Goods and work necessary for the implementation of the project will be acquired as stipulated below, in accordance with the rules of Procedure adopted by the Fund on July 15, 1996 and revised on November 10, 1999: the acquisition of the RN1 BIS national road rehabilitation works will be done by international tender.
the acquisition of provincial roads rehabilitation work will be done by national tender;
the acquisition of computer equipment and office supplies will be by consultation of suppliers across the country.
Section 7.03. Acquisition of services. The services necessary for the execution of the project will be acquired as stipulated below, in accordance with the rules of Procedure adopted by the Fund on July 15, 1996 and revised on November 10, 1999: the acquisition of consulting services for institutional support, for the control and supervision of the works; for studies of provincial road rehabilitation and for the audit of the accounts of the project will be based on a shortlist.
ARTICLE VIII provisions various Section 8.01. Exceptional assignment of the loan. In case where in the opinion of the borrower and of the Fund, the implementation of the project could be compromised by an exceptional and unpredictable situation, the Fund may charge on the loan a maximum of one per cent (1%), or a thousand units of account (UA 101,000), in order to finance the costs of expertise or all necessary measures to remedy the situation. These expenditures will be made without requiring the borrower to seek prior corresponding payments, but the Fund will notify urgently the borrower the exact amount of this assignment.
Section 8.02. Authorized representative. The Minister of finance and economy or anyone that he will designate in writing will be the authorized representative of the borrower for the purposes of Section 14.03 of the General Conditions.
Section 8.03. Date of the agreement. This agreement will be considered in all circumstances as found on the date that appears on the first page.
Section 8.04. Addresses. The following addresses are mentioned for the purposes of Section 14.01 of the General Conditions.
For the borrower: Mailing address: Ministry of finance and economy B.P. 129 Antananarivo-Republic of MADAGASCAR telegraphic address: Telex: 22489 MINFIN phone: (261) 20 22 242 51 Fax: (261) 20 22 345 30 for the Fund: mailing address: African Development Fund 01 BP 1387 ABIDJAN 01 Côte d'Ivoire telegraphic address: AFDEV/ABIDJAN phone: (225) 20 20 44 44 Fax: (225) 20 20 56 67 / 20 20 59 20 in faith whereof the Fund and the borrower, acting through their respective authorized representatives, signed this agreement in two copies in french, being equally authentic.
FOR the Republic of MADAGASCAR RADAVIDSON ANDRIAMPARANY BENJAMIN Department of the economy of finance and of the BUDGET for the Fund African of development THEODORE F. NKODO VICE PRESIDENT certified by: Sheikh IBRAHIMA FALL SECRETARY GENERAL annex I DESCRIPTION of the project the main components of the project are: Rehabilitation of the RN1 BIS (38 PK to PK 99.3);
Partial rehabilitation of five hundred and fifty kilometers (550 km) of provincial highways in the land related;
Control and supervision of the works;
Institutional support;
Studies of provincial highways; and Audit of the project.
Annex II this annex loan resources indicates the different categories of expenditure to be financed from the resources of the loan and the allocation of these resources to each category: Categories of costs in Millions of UC currency (UC) currency local cost Total 1. 1.1 CIVIL ENGINEERING WORKS. National RN1 BIS road 3.29 0.97 4.26 1.2. Roads provincial 2.03 1.50 3.53 subtotal works 5.33 2.47 7.80 2. 2.1 CONSULTANCY SERVICES. . Control / surveillance. RN1 BIS 0.19 0.06 0.25 2.2. . Control / surveillance. Roads Prov. 0.17 0.05 0.22 2.3. Support MTP 0.12 0.03 0.15 2.6. Audit 0.04 0.00 subtotal Services Consultants 0.53 0.04 0.14 0.67 3. GOODS and equipment 0.02 0.00 subtotal property and equipment 0.02 0.02 0.00 0.02 cost basis 5.88 2.61 8.49 UNEXPECTED physical 0.59 0.26 0.85 prices 0.43 0.33 0.76 6.90 project TOTAL cost 3.20 10.10

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