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Law No. 156 Of 28 July 1998

Original Language Title:  LEGE nr. 156 din 28 iulie 1998

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LEGE no. 156 156 of 28 July 1998 for the ratification of the Loan Agreement between Romania and the Fund for International Economic Cooperation-Japan on the Road Rehabilitation Project, signed in Tokyo on 27 February 1998
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 300 300 of 14 August 1998



The Romanian Parliament adopts this law + Article 1 The Loan Agreement between Romania and the Fund for International Economic Cooperation-Japan on the Road Rehabilitation Project, signed in Tokyo on 27 February 1998, hereinafter referred to as the Agreement, in the amount of 9.189 million yen Japanese. + Article 2 The implementation of the agreement will be carried out by the National Road Administration of Romania, designated as an implementing agency. + Article 3 The Ministry of Finance will conclude with the National Road Administration in Romania a subloan agreement, whereby it is delegated the entire authority and responsibility for the effective implementation of the project. + Article 4 The contribution of the Romanian Government to the implementation of the project, as well as the funds necessary for the reimbursement of the loan, the interest payment, commissions and other external costs related to the credit will be provided National Road in Romania, the final beneficiary of the credit, from the Special Fund of public roads and, in addition, from the state budget, through the budget of the Ministry of Transport. + Article 5 The Romanian Government is authorized that, through the Ministry of Finance, we agree with the Fund for International Economic Cooperation to introduce, during the use of the loan, in relation to the conditions of the agreement, amendments to its content, which concern changes in the structure of the loan by category, as well as any other details and changes, which are not likely to increase Romania's financial obligations towards the Fund for Economic Cooperation International or to determine new economic conditionalities from those originally agreed between parties. This law was adopted by the Senate at the meeting of June 30, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN DUMITRESCU This law was adopted by the Chamber of Deputies at its meeting on July 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA IVANESCU Bucharest, July 28, 1998. No. 156. + LOAN AGREEMENT Loan agreement no. ROM-P2 for the Road Rehabilitation Project between The Fund for International Economic Cooperation, Japan, and Romania, dated 27 February 1998 CONTENTS Article I Loan Section 1. Amount and purpose of the loan Section 2. Use of loan amounts Article II Repayment and interest Section 1. Repayment of loan Section 2. Interest and method of payment thereof Article III Special clauses Section 1. General terms and conditions Section 2. Procurement procedure Section 3. Redundancy procedure Section 4. Loan management Section 5. Notifications and requests Section 6. Language Annex 1 Project description Annex 2 Allocation of loan amounts Annex 3 Damping scheme Annex 4 Acquisition procedure Annex 5 Employment procedure Annex 6 Refund procedure Annex 7 Transfer procedure Loan agreement no. ROM-P2, dated 27 February 1998 between the International Economic Cooperation Fund and Romania In light of the content of the Exchange of Notes between the Government of Japan and the Government of Romania dated July 14, 1997, regarding a Japanese loan to be granted in order to promote economic stabilization and development efforts of Romania, By this document, the INTERPOL ALa Economic Cooperation Fund (hereinafter "the Fund") and Romania represented by the Ministry of Finance (hereinafter referred to as the "Loan") conclude the following Loan Agreement (hereinafter: "the" Loan Agreement ", which includes all the documents referred to in the Loan Agreement). + Article 1 Loan Section 1. Amount and purpose of the loan The Fund agrees to lend to the Loan an amount not exceeding NINE BILLION ONE HUNDRED EIGHTY-NINE MILLION Japanese yen (9,189,000,000 Y) that represents the capital for the implementation of the Road Rehabilitation Project described in the Annex 1 of this Agreement (hereinafter referred to as the 'Project'), in the terms and conditions set out in the Loan Agreement (hereinafter referred to as 'the Loan'), is however provided that, if the cumulative total of the drawdowns in accordance with the Loan Agreement reach the said limit, the Fund will not grant any further redundancy. Section 2. Use of loan amounts (1) The loan will take the necessary steps for the loan amounts to be used for eligible goods and services necessary for the implementation of the Procured Project from suppliers, contractors or consultants (hereinafter referred to as Providers ") from eligible source countries described in Annex 4 of this Agreement (hereinafter referred to as" Eligible Source Countries ") in accordance with the allocation described in Annex 2 of this Agreement. (2) Final availability according to the Loan Agreement will be made no later than the same day and month over six (6) years after the date of entry into the effectivity of the Loan Agreement and no other redundancy will be carried out by the Fund after this date, unless otherwise agreed between the Fund and the Lending. + Article 2 Repayments and interest Section 1. Repayment of loan The borrower will reimburse the amount of the Loan to the Fund in accordance with the amortization program described in Annex 3 of this Agreement. Section 2. Interest rates and method of payment (1) The loan will pay to the Fund for semi-annual interest, at a rate of two and seven tenths per cent (2.7%) per year, applied to the amounts corresponding to the categories (a), (b) and (c) below (hereinafter referred to as 'the Loan Amount (I)') redundant and unused: ((a) The amounts of the Loan made available from the Loan allocated to category (A) (as set out in Section 1 of Annex 2 to this Agreement); (b) Service commissions made redundant from the amounts of the Loan relating to the drawdowns in point (1) (a) above; ((c) Any reallocated amounts of category (C) (set out in Section 1 of Annex 2 to this Agreement) and made redundant in accordance with (1) (a) or (1) (b) above. (2) The borrower will pay the Fund semi-annual interest at a rate of two and three tenths percent (2.3%) per year, applied to the amounts corresponding to the categories (a), (b) and (c) below laid off and unused (hereinafter referred to as "Amount"). Loan (II) '): ((a) Amounts laid off from the instalments of the Loan allocated to category (B) (as set out in Section 1 of Annex 2 of this Agreement); (b) Service commissions made redundant from the amounts of the Loan, relating to the amounts laid off in accordance with point (2) (a) above; ((c) Any reallocated amounts of category (C) (provided for in Section 1 of Annex 2 of this Agreement) and made redundant in accordance with (2) (a) or (2) (b) above. (3 The loan will pay the Fund on February 20 of each year the interest accrued until February 19 of that year from August 20 of the previous year, and on August 20 of each year the interest accrued until August 19 from February 20 of that year. year, being provided that, prior to the date of the final draw of the loan amounts, the Loan will pay the Fund on February 20 of each year interest accrued until February 19 of that year from August 20 of the previous year and on August 20 of each year interest accrued until August 19 from February 20 of that year. + Article 3 Special clauses Section 1. General terms and conditions Other general terms and conditions applicable to the Loan Agreement will be set out in the General Terms and Conditions of the Fund of November 1987, with the following additional stipulations (hereinafter referred to as the "General Terms and Conditions"): (1) Article VII of the General Terms and Conditions will be ignored and, consequently, all references to "Warranty" and "Guarantor", wherever mentioned in the General Terms and Conditions, will also be ignored. (2) Section 3.05 of the General Terms and Conditions shall be ignored and replaced by the following provision: " If the repayment of the loan amounts or the interest payment required under the Loan Agreement will be delayed, the interest specified in Section 3.03. will cease to be calculated on such an amount of the unpaid loan at the time maturity and after that and a late fee calculated at a rate of two percent (2%) per year applied and added to the interest rate specified in the Loan Agreement and which will be applied to the unpaid amount of the loan and interest during the period from the day immediately preceding the day of the actual payment of the day, both days being included. " (3) The following will be substituted for Section 3.07. of the General Terms and Conditions: Section 3.07. Payment method All payments of the Loan and Interest and Service Fee Amount and the Delayed Loan Loan Delay Fee will be credited to the Fund account opened at the Bank of Tokyo-Mitsubishi, Ltd., Uchisaiwai-cho Office, Tokyo, Japan. (4) After a contract is determined as eligible for financing by the Fund, the name of the Supplier and the amount of the contract may be made public by the Fund. (5) The term "loan amounts" wherever it is mentioned in the General Terms and Conditions will be replaced by "Amounts of Loan (I) and amounts of Loan (II)"; ((6) When the borrower makes the repayment of the loan amounts or the payment of interest and the late fee without specifying the allocation order, the Fund may decide the order of allocation between the amounts of the loan, interest or late fee for the Amounts of Loan (I) or the Amounts of Loan (II). Section 2. Procurement procedures The rules for the purchase of goods and services and the hiring of the consultants mentioned in Section 4.01. of the General Terms and Conditions will be stipulated in the Procurement Procedure presented in Annex 4 of this Agreement. Section 3. Redundancy procedure The redundancy procedure referred to in Section 5.01. of the General Terms and Conditions shall be as follows: (1) The commitment procedure set out in Annex 5 to this Agreement shall be applied in the cases of the amounts made available for the payment of the Supplier (s) from one eligible country (s), other than Romania, regarding the portion from the contract expressed in a currency other than that of Romania. (2) The refund procedure presented in Annex 6 of this Agreement shall be applied in cases of redundancy for payments made to the Provider (s) of Romania and Provider (s) of a Country (s) eligible source (s), other (other) than Romania, regarding the portion of the contract expressed in the currency of Romania. ((3) Except for the provisions of paragraph (2) mentioned above, the Transfer Procedure attached to this Agreement as Annex 7 will apply in case of drawdowns for payments to be made to a Provider (s) in Romania and from a source (s) eligible (e), other than Romania on the portion of the contract expressed in the currency of Romania. Section 4. Administration of Loan (1) The loan will authorize and take the necessary steps for the National Road Administration (hereinafter "the Execution Agency") to implement the project. (2) The loan will take the necessary steps for the execution agency to hire consultants for the implementation of the Project. (3) If the funds available from the Loan amounts will be insufficient for the implementation of the Project, the Loan will promptly make the necessary arrangements to provide the necessary funds. (4) The loan may grant, from the amounts of the Loan, a loan to the Execution Agency (hereinafter "Subloan") for the implementation of the Project. The terms and conditions of the Subloan, including the interest rate, grace period or repayment period, will not be less favorable than those in the Loan Agreement. (5) The borrower will take care that the Execution Agency provides the Fund with quarterly reports on progress in the implementation of the Project (in February, May, August and November of each year) until The project is finished, in such form and with such details that the Fund will reasonably require. (6) Prompt, but in any case no later than six (6) months after the completion of the Project, the Loan will take the necessary steps for the Execution Agency to provide the Fund with a project completion report in such form and with such details that the Fund will reasonably require. (7) The borrower will determine to operate and maintain any facilities relating to the Project and, as promptly as possible, will make or cause all necessary repairs and replacements to be made. Section 5. Notifications and requests The following addresses are specified for the purpose of Section 9.03. of the General Terms and Conditions: For Fund Postal address: THE OVERSEAS ECONOMIC COOPERATION FUND Takebaschi Godo Building, 4-1, Ohtemachi 1-chome Chiyoda-ku, Tokyo 100, Japan To the attention: Director of Operational Department III Telegraphic address: COOPERATIONFUND Tokyo Telex: (1) Call No.: J28360 Answer Back Code: COOPFUND J28360 ((2) Call No.: J28430 Answer Back Code: COOPFUND J28430 For Borrowed Postal address: FINANCE MINISTRY Str. Apolodor no. 17 17, Bucharest, Romania To attention: Telex: Call No.: 11230 If the above addresses and/or names change, the interested parties will notify the other party in writing immediately to the New Address and/or Name Agreement. Section 6 Language All documents, information and materials to be provided under the Loan Agreement will be in English or in the language of the Loan accompanied by an authorized translation into English, providing that, in the latter case, the English translation will prevail. DREPT FOR CARE, the Fund and the Loan, acting through their fully authorized representatives, determined that the Loan Agreement should be duly signed on their behalf and handed to the FUND FOR INTERNATIONAL ECONOMIC COOPERATION office, Chiyoda-ku, Tokyo, Japan, on the date and year above mentioned. For COOPERATION FUND INTERNATIONAL ECONOMIC Akira NISHIGAKI President, Council President of Administration For ROMANIA Eugen Dijmarescu Ambassador Extraordinary and Plenipotentiary + Annex 1 PROJECT DESCRIPTION Section 1. Project Summary ((1) Objective: Rehabilitation of the priority section of National Road no. 6 so as to meet the growing demand for domestic and international traffic. (2) Location: Timisoara, section of National Road no. 6 between Timisoara -Lugoj and Craiova ((3) The executing agency: National Road Administration ((4) Activity area: ((a) Construction of the Timisoara Belt (b) Rehabilitation of National Road no. 6 between Timisoara and Lugoj (c) Construction of the Craiova belt ((d) Consultancy services The amounts in the Loan are available for works in points (a) to (d). Any deficit of the remaining balance of the items mentioned above, as well as any other works, is to be funded by the Loan. Section 2. The estimated needs of annual funds are shown below. -------------------------------------------------------------------------------- Calendar Year For Project Loan (January-December) (million Japanese yen) (million Japanese yen) -------------------------------------------------------------------------------- 1998 1998 0 0 1999 1999 108 201 2000 2000 689 1.116 2001 2001 3.593 5.689 2002 2002 3.593 5.689 2003 2003 1.206 1.913 2004 2004 0 0 -------------------------------------------------------------------------------- TOTAL: 9.189 14.608 -------------------------------------------------------------------------------- The redundancy of the amounts in the Loan will be made within the annual budget allocations of the Government of Japan for the Fund. Section 3. It is estimated that the Project will be completed in April 2003. + Annex 2 ALLOCATION OF LOAN AMOUNTS + Section 1. Allocation -------------------------------------------------------------------------------- Amount allocated% of expenditure Category of Loan to be (million yen to be funded Japanese) -------------------------------------------------------------------------------- (A) Civil/construction works 8.318 100 (B) Consulting services 455 100 ((C) Contingents 416- -------------------------------------------------------------------------------- TOTAL: 9.189 -------------------------------------------------------------------------------- Note: Articles ineligible for funding are shown below. ((a) General expenditure on administration ((b) Taxes and duties (c) Acquisition of land and other real estate ((d) Compensation ((e) Other indirect articles If it is not agreed otherwise between the Fund and the Loan, at each redundancy, the amount made redundant will be calculated from the total eligible expenses by multiplying by the percentage stipulated in this section. Section 2. Reallocation according to the change of estimated costs (1) If the estimated costs of the items included in categories (A) or (B) will be reduced, the amount allocated for them and which is no longer required for these categories will be reallocated by the Fund category (C). (2) If the estimated costs of the items included in categories (A) or (B) will increase, the amount equal to each portion, if any, of this increase to be financed from the amounts of the Loan, will be allocated to that category by the Fund, at the request of the borrower, of category (C), taking into account, however, the quota requirements, as determined by the Fund, relating to the cost of the items in the other categories. + Annex 3 ANNEX DE AMORTISATION 1. Repayment of the loan amount (I) Amount Due date (Japanese yen) 20 20 February 2008 213.040.000 Every 20 February and 20 August from 213,024,000 August 2008 to 20 February 2028 2. Repayment of the amount of Loan (II) Amount Due date (Japanese yen) 20 20 February 2008 11.120,000 Every 20 February and 20 August starting 11,097,000 August 2008 to 20 February 2028 3. Repayment of the loan amount (I) + (II) Amount Due date (Japanese yen) 20 20 February 2008 224.160.000 Every 20 February and 20 August from 224.121,000 August 2008 to 20 February 2028 + Annex 4 PROCUREMENT PROCEDURE Section 1. Rules that will be used to make purchases under the Loan (1) All purchases of goods and services, with the exception of advisory services to be financed from the amounts related to the Loan, will comply with the Rules for the making of purchases under the OECF Loans dated November 1987 (hereinafter referred to as 'Procurement Rules'). (2) The hired consultants will be paid from the amounts related to the Loan in accordance with the Rules on the Employment of Consultants by the Loans from the OECF Funds dated November 1987 (hereafter referred to as "Rules on Consultants"). Section 2. Eligible source countries The source countries eligible for the procurement of all goods and services, including consulting services, to be financed from the amounts related to the Loan are all countries and regions. Section 3. Decisions of the Fund following analysis of purchases of goods and services (excluding advisory services) In the case of contracts to be financed from the amounts related to the Loan allocated to Categories (A) and (B) specified in Annex 2 to this Agreement, the following procedures will be subject to the Fund's examination and agreement, in compliance with Section 4.02. related to "Conditions and general terms"; (1) If the borrower wishes to adopt other procurement procedures than competitive international tenders, the Loan will submit to the Fund an application for the examination of the (their) purchase method (corresponding to Form no. 1 1 annexed to this Agreement). The Fund will inform the Loan of the Agreement or, by means of a Notice on the Acquisition Method (s). (2) Before the publication and/or notification of the prequalification, the Loan will present to the Fund, for the purpose of examination and expression of the agreement, the prequalification documents, together with a Request for the Review of Precalification Documents. If the Fund does not object to the above mentioned documents, the Fund will inform the Borrower in this regard by means of a Notice on Precalification Documents. Any subsequent amendment made by the Loan in the above mentioned documents requires the prior consent of the Fund. (3) When the prequalified firms have been selected, the Loan will submit to the Fund, for the purpose of analysis and expression of the agreement, a list of these firms and a report on the selection process, together with the reasons related to each election, attaching all relevant documents, as well as a Request for the Analysis of the Precalification. The borrower will present to the Fund, for the information of the Fund, any other documents related to the prequalification, at If the Fund does not object to the above mentioned documents, the Fund will inform the Borrower in this regard by means of a Notice on the Result of Precalification. (4) Prior to the submission of invitations to tender offers, the Loan shall submit to the Fund, for the purposes of the analysis and expression of the Agreement, the notifications and instructions for the auctioneers, the tender form, the proposed draft contract, specifications, graphics and any other documents related to the auction, together with a Request for the Examination of Auction Documents. If the Fund does not have objections to the above mentioned documents, the Fund will inform the Borrower, in this regard, by means of a Bidding Documents Notification. In the event that the borrower wishes to make a subsequent amendment of the above mentioned documents, the Fund's agreement is to be obtained before those documents are passed on to potential auctioneers. (5) Before the borrower sends the notification to the winning bidder, the Loan will present to the Fund, for the purpose of examination and expression of the agreement, the analysis of the tender offers and the proposal for tender adjudication, accompanied by a Request for Analysis of Tender Offers and Proposition on Auction Adjudication. If the Fund does not object to the above mentioned documents, the Fund will inform the Borrower in this regard by means of a Notice on the Analysis of Tender Offers and the Proposal for Adjudication of the Auction. (6) If, as provided for in Section 5.10. of the Procurement Rules, the Loan wishes to reject all tender offers or to negotiate with one or two of the most advantageous auctioneers for the conclusion of the conclusion. the contract under satisfactory conditions, the Loan will inform the Fund of its reasons, requesting the Fund to carry out an analysis and the expression of the preliminary agreement. If the Fund has no objections, it will inform the Loan on its agreement. In the event of the resumption of the tendering procedure, all subsequent proceedings will be substantially consistent with sub-paragraphs (1) to (5). (7) After the performance of the contract, promptly, the Loan will submit to the Fund, for the purpose of the analysis and expression of the agreement by the Fund, a copy of the contract fully certified, accompanied by a Request for the Examination of the Contract (according to Form no. 2 here joined). If the Fund determines the compliance of the contract with the Loan Agreement, the Fund will inform the Loan in this regard by means of a Contract Notification. ((8) Any modification or cancellation of the contract examined by the Fund will require the prior written consent of the Fund, however it is stipulated that any change not constituting an important change in the contract and which does not affect the price the contract will not require such an agreement of the Fund. Section 4. Analysis by the Fund of decisions on the hiring of consultants With regard to Section 4.02 of the General Terms and Conditions, the following procedures will be the subject of the Fund's examination and agreement: (1) Prior to the proposals requested by the consultants, the Loan will present to the Fund, for the purpose of the analysis and expression of the agreement by the Fund, the Terms of Reference, the Succession List of the guests, accompanied by a Request for Examination of these documents. In the event that the Fund has no objections to the above mentioned documents, the Fund will inform the Borrower in this regard by means of a Notice of Reference Terms, Successor List of Consultants and Letter of Reference. Invitation. Any further change made by the Loan on the above mentioned documents requires the prior acceptance of the Fund. (2) Prior to the invitation of the highest-ranking consultants to participate in the contract negotiations, the Loan will submit to the Fund, for the purpose of the Fund's analysis and acceptance, the results of its evaluation of the proposals received, accompanied of a request for the examination of the Consultants ' proposals. If the Fund has no objections to the above mentioned documents, the Fund will inform the Loan in this regard by means of a Notice on the Evaluation Report of the Consultants ' Proposals. (3) If, as provided for in Section 3.07 (2) of the Consultants Rules, the Loan wishes to conclude the contract negotiations conducted with the highest-ranking consultants and invites the ranking consultants to participate. secondary to participate in the negotiations, the Loan will inform the Fund in advance of this fact, expressing its reasons for the purpose of informing the Fund. (4) If the borrower wishes, as provided for in Section 3.01 (2) of the Consultants Rules, to hire a specific consultant, the Lending will inform the Fund in writing of its reasons for the purpose of analysis and expression The Fund's acceptance, and will transmit a Letter of Invitation and the Terms of Reference. After obtaining the Fund's agreement, the Loan will be able to submit the Invitation Letter and the Reference Terms to the consultant in question. If the borrower considers the consultant's proposals as acceptable, negotiations on the terms of the contract (including financial terms) will be able to begin. (5) Immediately after the performance of the contract, the Loan will promptly submit to the Fund, for the analysis and expression of the Fund's acceptance, a duly certified copy of the contract, together with a Request for Examination Contract (according to Form no. 3 here joined). If the Fund considers the contract to be consistent with the Loan Agreement, the Fund will inform the Loan in this regard by means of a Contract Notice. (6) Any modification or cancellation of the contract examined by the Fund will require the prior written acceptance of the Fund, being provided however that, any change that does not constitute an important modification of the contract and which does not affect the price the contract will not require such an acceptance of the Fund. + Form no. 1 Date: Ref. No. THE OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan To the attention: Executive Director, Operations Department III Dear gentlemen, APPLICATION FOR THE EXAMINATION OF THE PROCUREMENT METHOD (S) Regarding: Loan Agreement no. ROM-P2, dated 27 February 1998, on the Road Rehabilitation Project In accordance with the provisions of the Loan Agreement to which we refer, we hereby submit for the purpose of the examination, the Acquisition Method (s) mentioned in the Annex. We will particularly appreciate it, if you will let us know about your agreement. With esteem, For: Romania represented by Finance Ministry By: .............................. ((authorised signature) + Annex 1 to Form no. 1 1. Project Name 2. Acquisition Method (s) (() Auctions (Local) International Limited (() Purchases (Local) International (() Direct Contracting (() Other modalities (........) 3. The reasons for choosing the (their) method of Acquisition in detail (for example: technical considerations, economic factors, experience and capabilities) 4. Supplier's Name and Nationality (in the case of limited international tenders and direct contracting) 5. Estimated contract amount Currency Local currency 6. Main articles to be financed by contract 7. Contract type (() Key Contract (() Purchases of goods/equipment/materials (() Contract on civil works (() Procurement of services (() Other types 8. Annex i) the date of conclusion ii) the date of dispatch and/or the start date of the execution of the services iii) the date of conclusion (dispatch or construction) + Form no. 2 Date: Ref. No. THE OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan To the attention: Executive Director, Department of Operations III Dear gentlemen, APPLICATION FOR EXAMINATION OF CONTRACT In accordance with the provisions of the Loan Agreement no. ROM-P2, dated February 27, 1998, we hereby submit, for the purpose of your examination, a certified copy of the attached Contract. The details of the Contract are as follows: 1. Number and Date of the Contract: 2. Supplier's Name and Nationality: 3. Buyer's name: 4. Contract Price: 5. Amount of related financing ((representing ...% of eligible expenditure) 6. Description and origin of Goods: We will greatly appreciate if you will notify us of your acceptance of the Contract by submitting a Notice on the Contract. With esteem, For: Romania represented by Finance Ministry By: .............................. (Authorised signature) + Form no. 3 Date: Ref. No. THE OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan To the attention: Executive Director, Department of Operations III Dear gentlemen, APPLICATION FOR EXAMINATION OF CONTRACT ((for consulting services) In accordance with the provisions of the Loan Agreement no. ROM-P2, dated February 27, 1998, we hereby submit for the purpose of the examination, a certified copy of the attached Contract. The details of the Contract are as follows: 1. Number and Date of the Contract: 2. Name and Nationality of the Consultant: 3. The name of the employee: 4. Contract Price: 5. Amount of related financing ((representing ...% of eligible expenditure) We will particularly appreciate if you will notify us of your acceptance of the Contract by submitting a Notice on the Contract. With esteem, For: Romania represented by Finance Ministry By: .............................. ((authorised signature) + Annex 5 COMMITMENT PROCEDURE COMMITMENT PROCEDURE dated July, 1998 will apply mutatis mutandis in case of layoffs of amounts made by the Provider (s) of the Country (s) Source Eligible other than Romania in compliance with the part of the contract established in another currency than the national currency of Romania, with the following additional provisions: 1. Regarding Section 1. (2) of the COMMITMENT PROCEDURE, the Japanese Bank will be The Bank of Tokyo-Mitsubishi, Ltd., Tokyo. 2. Regarding Section 1. (2) of the COMMITMENT PROCEDURE, the issuing bank shall be the Romanian Commercial Bank. 3. (a) The borrower will pay the Japanese yen Fund an amount equal to one tenth of a percentage (0.1%) of the amount related to the Employment Letter-in the form of a service fee, at the date of issue of that Employment Letter. The Fund will issue to the Japanese Bank, the Employee Letter a following receipt of the service fee from the Loan. (b) An amount equal to this fee shall be financed from the capital of the Loan, and the Fund shall immediately pay that amount to itself as a service fee on the date of issue of the Commitment Letter. This drawing from the amount related to the Loan will constitute a legally valid obligation of the Loan under the terms and conditions of the Loan Agreement. COMMITMENT PROCEDURE + Section 1. Introduction (1) Payment for imports of goods and services is often resolved by means of a commercial letter of credit, whereby a commercial bank operating in the supplier country makes payment to the supplier in exchange for the documents specified in accredential and refinances its respective amounts from funds made redundant by the buyer through its bank. (2) When such payment to the supplier is eligible for financing from the loan granted by the FUND FOR ECONOMIC COOPERATION WITH THE FOREIGN (hereinafter referred to as the "Fund"), the buyer may provide in the letter of credit issued by the designated bank ((hereinafter 'the issuing bank') that the supplier's bank (hereinafter 'the supplier's bank') will refinance itself from a Japanese bank in Tokyo ('Japanese Bank '). (3) The Japanese bank will obtain the funds for reimbursement from the Fund as provided by the Fund. Such insurance, when provided, takes the form of a letter of commitment of the Fund to the Japanese Bank (such insurance will continue to be referred to as "L/COM") by which the Fund undertakes to lay off, under certain conditions, the amount to be paid by the Japanese Bank in accordance with and in accordance with the irrevocably specified letter of credit (hereinafter referred to as "L/C"). Section 2. The Emission of the Accreditation and the Letter of Commitment (1) A borrower of the Fund (hereinafter referred to as the "Loan"), its designated authority or any other purchaser in the territories of the Loan will require the issuing Bank to issue L/C. (2) The issuing bank will issue L/C, on behalf of and according to the authorization of the Loan, in favor of the supplier through the Japanese Bank substantially in accordance with the attached Form OECF-LC1 for the goods and the OECF-LC2 Form for services respectively. The Japanese bank will send a copy of L/C to the Fund to obtain L/COM from the Fund. Note: When the issuing bank is the bank that will perform the currency exchange in Tokyo, the issuing bank is the same as the Japanese Bank. (3) When the Fund considers such L/C to be correct and in accordance with the provisions of the Loan Agreement concluded between the Fund and the Loan and the terms of the relevant contract between the Loan and the supplier, the Fund, after receiving an equal amount with a tenth of a percentage (0.1%) from the Loan as a service fee, it emits L/COM to the Japanese Bank in accordance with the attached OECF-LOC Form. (4) After receiving L/COM, the Japanese Bank will transmit L/C, which will become effective when the Japanese Bank becomes aware of the receipt of L/COM from the Fund, to the supplier through the Bank of the supplier. The Japanese bank will simultaneously transmit a copy of L/COM to the issuing Bank when the issuing Bank is different from the Japanese Bank, or to the Loan or its designated authority when the issuing Bank is identical to the Japanese Bank. + Section 3. Redundancy (1) The supplier's bank shall make payment to the supplier as a result of the mentioned L/C and ask the Japanese Bank to reimburse the funds by sending a set of documents specified in L/C. Simultaneously, the Supplier Bank will send the remaining set of documents directly to the issuing Bank, when the issuing Bank is different from the Japanese Bank. (2) After receiving such a request, the Japanese Bank shall submit to the Fund the Application for redundancy in accordance with the attached Form OECF-RFD (1). (3) The Fund, within fifteen (15) working days from the receipt of the Request for redundancy, will make the redundancy of the amounts requested by the Japanese Bank according to the provisions of L/COM. Accordingly, the Japanese Bank will make the payment to the Supplier Bank. Section 4. The contract expressed in currency other than the Japanese yen (1) If the said contract is established and payable in a currency other than the Japanese yen, it will be applied mutatis mutandis Form OECF-LC1 and OECF-LC2 annexed and for the redundancy application will apply the Form OECF-RFD (2) in this case. ((2) The amount of L/COM shall be the Japanese yen equivalent of the sum of the respective L/C currency, converted to the T/T sales rate of the Japanese Bank by two (2) business days before the date when L/COM is issued. (3) The amount declared in the redundancy claim will be the equivalent in Japanese yen, converted to the T/T sale course of the Japanese Bank by two (2) working days before the date of the redundancy. (4) When the amount L/C is not fully covered by the amount L/COM due to the change in the exchange rate, the amount not covered by L/COM may be covered, within the limits of the loan, by way of an amendment to L/COM. If the L/C amount cannot be fully covered by this method, the Loan will bear the amount not covered by L/COM. + Section 5. Other (1) Attention should be paid to ensuring that an agreement on an accreditation and the redundancy method will be concluded between the Japanese Bank and the issuing Bank, the Loan or its designated authority immediately after the signing of the Loan. (2) All bank fees or charges that accrue in connection with the said transactions are on the account of the Loan. (3) Complaints or disputes in relation to the said L/C will be settled between the interested parties and such complaints or disputes will not exempt on the Loan of any obligation intervening in accordance with the Loan Agreement to which it is made Reference. Form OECF-LC1 Irevocable accreditation Date: L/C no. To: ................... This letter of credit was .......................... .......................... issued as a result of the (Name and address of Bank loan no. ........, dated ... Japanese designated for (Lending) and FUND Activity in ECONOMIC COOPERATION WITH currency in Tokyo) FOREIGNERS, Tokyo, Japan Gentlemen, We ask you to announce (Name and address of the Supplier) that we have opened our irrevocable letter of credit no. ... in his favor, in the account (Name of the Buyer), for the amount or amounts not exceeding a total amount of ... Y (i mean ... Yen) available through the trates of the beneficiary for the total amount of the invoice, drawn on (the designated Japanese bank, for the activity in foreign currency, in Tokyo), The following documents shall be accompanied by: Trade invoice signed List of packages Certificate of origin A complete set of maritime conosements prepared at the order and endorsed in white and marked with "Cost transport up to ...." and "Notified to ...". ((Other documents) highlighting the transport (short description of the goods referred to in the contract no. .....) from ....... to ........ Partial deliveries are allowed. Transhipment is permitted. The conosments must not be dated later than ........, 19 ....... The trates must be presented to the carriage no later than ........, 19 ...... All tracts and documents conforming to this credit must be marked with " Trase according to the irrevocable credit of (Banca Emitente) no. .......... dated ......, 19 ....., and the Import Reference no. ..... ..... (if any). This accreditation is not transferable. By this document we undertake that all tracts drawn within and in accordance with the terms of this accreditation will be duly honored on the date of proper presentation and delivery of the documents to the shooter. If it is not expressly stipulated otherwise, this accreditation is subject to the provisions of " Brosurii no. 400 on the Uniform Rules and Plant on Accreditation (revised 1983 edition), edited by the International Chamber of Commerce ". Special instructions for the negotiating bank: ------------------------------------------------ 1. This accreditation will become effective when (the Japanese bank designated for carrying out the activity in foreign currency in Tokyo) becomes aware of the receipt of the Letter of Commitment from the FUND FOR ECONOMIC COOPERATION WITH THE FOREIGN according to the Loan Agreement Mentioned. After obtaining the reimbursement from the FUND FOR ECONOMIC COOPERATION WITH THE FOREIGNER in accordance with the provisions of the Letter of Commitment, (the Japanese bank designated for the conduct of foreign currency activity in Tokyo) undertakes to remit the consideration to the Treaties in accordance with the instructions issued by you. 2. You must send the trates and a complete set of documents to (the Japanese bank designated for carrying out the activity in foreign currency in Tokyo) together with the certificate stating that the rest of the documents were sent by post direct air to us. 3. All bank charges corresponding to this accreditation are in charge (Loan) according to the said Loan Agreement. Yours, ((Name of the issuing bank) (Authorised signature) PAYMENT TERMS These terms of payment constitute integral part of our letter of credit no. .... ..... I. Initial payment Amount: ... Y representing .....% of the total contract price Documents requested: Last date of presentation: II. Intermediate payment (if any) Amount: ... Y representing .....% of the total contract price Documents requested: Last date of presentation: III. Payment against transport documents Amount: ... Y representing .....% of the total contract price Note: This annex is not required in the case of full payment made on the basis of delivery documents. Form OECF-LC2 Irevocable accreditation Date: L/C no. To: ................... This letter of credit was .......................... .......................... issued as a result of the (Name and address of Bank loan no. ........, dated ... Japanese designated for (Lending) and FUND Activity in ECONOMIC COOPERATION WITH currency in Tokyo) FOREIGNERS, Tokyo, Japan Gentlemen, We ask you to announce (Name and address of the Supplier) that we have opened our irrevocable letter of credit no. ... in his favor in the account (Name of the Buyer) in the amount or amounts not exceeding a total amount of ... Y (i mean ... Yen) available through the beneficiary's trate in sight for the total value of the invoice drawn on (Japanese bank designated for the conduct of foreign currency activity in Tokyo), What must be accompanied by the documents requested in accordance with the payment schedule attached to this document relating to Contract no. ..... ..... on the Project. The trates must be presented to the carriage no later than ........, 19 ...... All tracts and documents conforming to this credit must be marked with " Trase according to the irrevocable letter of credit of (Banca Emitente) no. .......... dated ......, 19 ... This appropriation is not transferable. With this document we undertake that all tracts drawn within and in accordance with the terms of this credit will be duly honoured at the appropriate presentation and delivery of the documents to the shooter. Unless expressly stated otherwise, this credit is the subject of " Brosurii nr. 400 on the Uniform Rules and Plant on Accreditation (revised 1983 edition), edited by the International Chamber of Commerce ". Special instructions to the negotiating bank: ------------------------------------------------ 1. This accreditation will become effective when (the Japanese bank designated for carrying out the activity in foreign currency in Tokyo) becomes aware of the receipt of the Letter of Commitment from the FUND FOR ECONOMIC COOPERATION WITH THE FOREIGN according to the Loan Agreement Mentioned. After obtaining the refund from the FUND FOR ECONOMIC COOPERATION WITH THE FOREIGNER in accordance with the provisions of the Letter of Commitment, (the Japanese bank for the conduct of foreign currency activity in Tokyo) undertakes to remit the consideration of the treaties in accordance with the instructions issued by you. 2. You must send the trates and a complete set of documents to (the Japanese bank in Tokyo) together with the certificate attesting that the rest of the documents were sent by air mail directly to us. 3. All bank charges corresponding to this credit are in charge (Loan) according to the said Loan Agreement. Yours, ((Name of the issuing bank) (Authorised signature) PAYMENT SCHEDULE This payment schedule constitutes an integral part of our Accreditation no .... I. Initial payment Amount: ... Y representing .....% of the total contract price Required documents: Statement of beneficiary Last date of presentation: II. Payment of evolution Amount: ... Y representing .....% of the total price of the contract to be paid as follows: Amount due Last date of presentation Tranche 1: ......... Y ........................ Tranche 2: ......... Y ........................ ........ ................ Documents requested: a copy of the Declaration of Execution issued by (Lending or its designated authority), the form of which is annexed. Declaration of execution Date: To: ................. Ref. No. ....... ........................ Reference. Accreditive no. ...... ......, dated (Name and address .........., issued by ........, in Provider) amount of ...... Y, in favor of ........., on the Project .........., according to the Loan Agreement no. ..... The undersigned, representing (the Loan), hereby issue a Declaration of Fulfillment to authorize the ...... to receive the amount of .... Y (.... Yen) from FUND FOR ECONOMIC COOPERATION WITH ABROAD in accordance with the Terms of Payment stipulated in Contract no. ...., dated ....., between ..... and ...... (borrower) (Authorised signature) Special instructions: ---------------------- Details of actual fulfilment will be declared in the Annex. The OECF-LOC form Date: Commitment no. Gentlemen: LETTER OF COMMITMENT Reference: Acreditive no. in sum of in favour By this document we are irrevocably committed to reimburse you an amount or amounts that do not exceed .......... against the Repayment Claim accompanied by a copy of the cheques drawn by the beneficiary, within fifteen days of receipt of the Request. This Letter of Commitment will expire on .............. It is understood that the reimbursement as a result of this Letter of Commitment, shall in no event be required or responsible for the acts or omissions of the issuing bank, the negotiating bank, the beneficiary and/or other stakeholders in the letter of credit mentioned in connection with the issue, the negotiation, its payment or any related issues. Yours, Form OECF-RFD (1) Drawing request (1) Date: Ref. No. To: FUND FOR ECONOMIC COOPERATION WITH ABROAD Tokyo, Japan To the attention: Ref: Loan no. .... Country: Letter of commitment no. Accreditation no. Gentlemen: We have received the documents relating to the provision of ........ (quantity and description of goods and services in accordance with L/C) ........... and we have found them in order and in accordance with the terms of the said accreditation. As a result of the Letter of Commitment mentioned above, by this document we request the redundancy from the amounts of the Loan a) Amount: .................... Y (I mean .... yen) b) Date of redundancy: Yours (Japanese Bank Name) (Authorised signature) Form OECF-RFD (2) Drawing request (2) Date: Ref. No. To: FUND FOR ECONOMIC COOPERATION WITH ABROAD Tokyo, Japan To the attention: Ref: Loan no. .... Country: Letter of commitment no. Accreditive no. Gentlemen: We have received the documents relating to the provision of ........ (quantity and description of goods and services in accordance with L/C) ....... and we have found them in order and in accordance with the terms of the said accreditation. As a result of the Letter of Commitment mentioned above, by this document we request the redundancy from the amounts of the Loan a) Amount: .................... Y (I mean .... yen) b) Check amount ((payable according to the said Letter of Credit): c) Currency Rates: d) Date of redundancy: Yours (Japanese Bank Name) (Authorised signature) + Annex 6 REFUND PROCEDURE REFUND PROCEDURE dated September, 1988 will apply mutatis mutandis in case of layoffs of amounts for making payments to Supplier (i), with the following additional provisions: 1. The Bank of Tokyo authorized for performing foreign exchange operations, whenever mentioned in this Annex, including in the REFUND PROCEDURE, will be Bank of Tokyo-Mitsubishi, Ltd., Tokyo. 2. The Bank of Lending authorized for performing foreign exchange operations referred to in the REPAYMENT PROCEDURE, shall be the Romanian Commercial Bank. 3. The related documents highlighting each payment and its use referred to in point 1. (b) of the REFUND PROCEDURE, shall be as follows: ((a) For payments made to suppliers for the dispatch/transport of goods- (i) letter of bill of lading or other documents highlighting the dispatch/transport of goods listed in the invoice; ((ii) cambie or other documents highlighting the date and amount paid to the supplier; a receipt from the supplier showing the date and the amount paid will be sufficient. (b) For payments made to suppliers prior to dispatch/transport of goods- cambia or other similar documents that highlight the date and amount of payment made to the supplier; a receipt from the supplier showing the date and the amount paid will be sufficient. (c) For payments on the services of consultants- ((i) the request submitted by the consultants, indicating in detail, the services provided, the related period, and the amount to be paid to them; (ii) the cancelled bank cheque, the draft application or other similar documents highlighting the date and amount paid to the consultants; a receipt from the consultants indicating the date and the amount paid will be sufficient. ((d) For payments made for other services rendered- ((i) the document, application or invoice specifying the nature of the services provided and the amounts charged therefor; (ii) the cancelled bank cheque, the draft application or other similar documents which highlight the date and amount of the payment made; a receipt indicating the date and amount of the payment will be sufficient. In the case of services related to the import of goods (e.g. Transport costs, insurance) adequate information will be transmitted, in order to allow the Fund to establish the correlation between them and the specific good to which it relates and whose cost has been or is to be financed by the Fund. ((e) For payments on civil works contracts- ((i) the contractor's document, application or invoice, with sufficient details, showing the work carried out by the contractor and the amount claimed for them; (ii) a certificate stating that the work performed by the contractor is satisfactory and in accordance with the terms of the contract; such a certificate will be signed by the executing Agency. (iii) the cancelled bank cheque or a similar document highlighting the date and amount of the payment made by the contractor; a receipt from the contractor indicating the date and amount of the payment will be sufficient. 4. (a) The loan will pay to the Fund an amount expressed in Japanese yen equal to one tenth of a percentage (0.1%) of the amount drawn by the Loan, in the form of a service fee at the time of the draw. The draw made by the Fund under this procedure will be carried out following the receipt by the Fund of the receipt regarding the payment of the service fee by the Loan. (b) An amount equal to this service fee shall be covered by the amount of the Loan, and the Fund shall immediately pay this amount to itself in the form of a service fee at the time of the drawing by the Loan. This redundancy in the amount of the Loan will constitute a legally valid obligation of the Loan according to the terms and conditions of the Loan Agreement. 5. The amount that appears on the Refund Application will be expressed in Japanese yen. 6. The OECF-SSP form here joined will be replaced by the OECF-SSF Form joined to the REFUND PROCEDURE. ┌ ------------------------------------------------------------------------------ | SITUATION OF PAYMENTS MADE (FORM OECF-SSP) | ├ ------------------------------------------------------------------------------ | | Date: | | | Series | | | no. | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | Tran-| How-| Fur-| Na-| Des-| Ca-| Ori-| Amount | Yes-| Amount | Na-| Me-| Amount | Ra-| | zac-| para- | ni-| tio-| crie- | te- | gi-| | | | | | | | | | | | | | | | zo-| zo-| na- | rea | go | nea | | | | | | | | | | | | | | | | | | | | | | | | | | | rul | rul | li-| | ria | | | trac-| pla-| tita | | | ren- | ram-| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 1 | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 2 | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 3 | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 4 | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | Total | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | The undersigned certifies that the Supplier (s) and the goods and/or services | The above mentioned above are eligible under the Loan Agreement | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 4. Nationality of the Provider: The country where the Supplier is | registered. | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 6. Category: Category described in Section 1 of Annex 2 | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 10. 13.: Payment amount: if not expressed in Japanese yen, stabi-| take both amounts in the currency in which the payment was made to the Supplier, and | calculated amounts calculated in accordance with point (a) 3. al | | REFUND PROCEDURE | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 11. Nature of payment: initial payment, installment payment or payment at | Final, etc. | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 12. Method of acquisition: Establish the reasons in case of choice | Other methods than competitive international auctions | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | Note for 14. Rate of draw: Rate of the Amount Financed from the Payment Amount | expressed in the currency in which the payment was made to the Supplier | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | Authorized Signature | └ ------------------------------------------------------------------------------ REFUND PROCEDURE 1. This procedure must be followed if expenditure eligible for funding by the Fund has already been made. The borrower will ask the Fund to reimburse an amount not exceeding the amount actually paid by the buyer, sending the Fund a Request for Reimbursement in accordance with the Form attached to the OECF-RFR. In principle, each Application will be accompanied by the following documents: (a) List of payments made, according to the form OECF-SSP (b) accompanying documents highlighting each payment and its use, as stipulated in the Loan Agreement. 2. When the Fund finds that the Application for Refund is entitled and in accordance with the provisions of the Loan Agreement, the Fund, after receiving from the Loan of an amount equal to one tenth of a percentage (0.1%) of the amount to be reimbursed as a service fee, you will carry out your refund in Japanese yen. The refund will be made within 15 working days from the date of receipt of the Request by payment in the non-resident yen account of the Loan, which will be opened in advance at a bank authorized to conduct currency exchange in Tokyo, as provided for in The Loan Agreement, in accordance with Japanese laws and regulations in this area. 3. When the currency used in making the payment to the supplier is not the Japanese yen, the amount declared in the Refund Application will be expressed either in Japanese yen converts to the course upon purchase T/T quoted by a bank authorized to carry out currency exchange on the territory of the Loan, as mentioned in the Loan Agreement, on the date immediately preceding the day on which the Refund Application was made, whether in foreign currency other than the Japanese yen. In the first case, the amount paid in foreign currency and the exchange rate used for conversion into Japanese yen will be included in the List of payments made, presented in the OECF-SSP form. In the second case, the currency that can be used for the Application will be stipulated in the Loan Agreement and the amount of the repayment in Japanese yen will be calculated at the T/T exchange rate on sale quoted at a bank authorized to exchange currency from Tokyo, two working days ahead of the day when the refund is made. Form: OECF-RFR Request for Refund Date: Loan Agreement No: Serial number: To: International Economic Cooperation Fund Tokyo, Japan Recipient: Executive Director, Department of Loans Gentlemen: 1. As a result of the Loan Agreement no. ... dated ... concluded between the International Economic Cooperation Fund (hereinafter referred to as the 'Fund') and the borrower, the undersigned hereby request reimbursement, in accordance with the said Loan Agreement, of an amount of .... (i.e. ... ...) in order to reimburse the expenses described in the List of annexed payments. 2. The undersigned has not asked before this repayment of any amount of the Loan for the purpose of reimbursement or performance of the expenses described in the attached List. The undersigned has not obtained and will not obtain funds for this purpose from the draws on another loan, credit or non-refundable aid available to the undersigned except for short-term loans or credits, if any, concluded before reimbursement required here and to be reimbursed pro-tanto from funds reimbursed in accordance with this application, and any fees or interest paid or payable in accordance with such short term credit are not included in the amount required here to be refunded. 3. The undersigned certifies that: a) the expenses, considered here as redeemable, were made for purposes specified in the Loan Agreement; b) the goods and services purchased, for which these expenses were incurred, were purchased in accordance with the applicable procurement procedures agreed with the Fund as a result of the said Loan Agreement and the costs and terms the procurement is reasonable; c) the said goods and services are or will be provided by the supplier (s) specified in the attached List (s) and are or will be produced in (or, in the case of services, provided from) the country (s) eligible source for the loan from the Fund. 4. Please refund the amount requested by this request by payment to the non-resident account in yen ... (Loan account) to ... (name and address of the bank authorized to exchange currency from Tokyo). 5. This application consists of ... (number) of pages and ... (number) numbered and signed lists, with accompanying documents). Yours, ..................... ((borrower's Name) ........................ ((authorised signature) Form OECF-SSP List of payments Date: No. Series: ┌ ------ [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | 1. | | Two. | | 3. | 4. * | 5. * * | 6. | | Seven. | | 8. | 9. * ** | 10. * *** | 11. * **** | | | | | | | | | | | | | | | | Tran-| Cum-| Für-| Natio-| Descri-| Ori-| Su-| Da-| Su-| Na-| Meto-| | zac-| pa-| ni-| nalita-| erea | gi-| ma | ta | ma | tu | tu-| da | | | ra-| zor | tea | | | | | | | | | | | | | | | | | tor | | | goods | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | tii | tii | pla | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | and/or | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ciilor | | | | | | | | | | | ├ --------- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | 1. | | | | | | | | | | | | | | | Two. | | | | | | | | | | | | | | | 3. | | | | | | | | | | | | | | | Four. | | | | | | | | | | | | | |. | | | | | | | | | | | | | |. | | | | | | | | | | | | | |. | | | | | | | | | | | | | |. | | | | | | | | | | | | | |. | | | | | | | | | | | | | ├ --------- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | TOTAL | | | | | | | | | | | | | | └ ------ [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] Note
----------
The undersigned certifies that the supplier (s) and the goods and/or services declared above are eligible under the Loan Agreement.
* * Note for 4. Nationality of the supplier: the country where the supplier is registered
** ** Note for 5. Description of goods and/or services: in the case of commercial credit, use the SITC Code (Rev. 2).
*** *** Note for 9. Amount of payment: if not expressed in Japanese yen, you declare both the amount expressed in foreign currency in which the payment was made to the supplier and the agreed amount calculated in accordance with point 3. of the refund procedure and the exchange rate.
**** **** Note for 10. Nature of payment: payment on the spot, installment payment or payment in the end etc.
***** ***** Note for 11. Procurement method: state the reasons if you choose the method other than the international competitive tender.
---------- ................... Authorised signature + Annex 7 TRANSFER PROCEDURE The Transfer procedure set out in this document will be applied in case of drawdowns for payments to be made to a Provider (s) in Romania and from one (s) eligible source (s) other than Romania regarding the portion of the contract expressed in the Romanian currency. The bank authorized for foreign exchange in Tokyo, wherever mentioned in this Annex, will be The Bank of Tokyo-Mitsubishi, Ltd., Tokyo (hereinafter "the paying bank"). The authorized bank for foreign exchange on the territory of the Loan mentioned in this Annex shall be the National Bank of Romania (hereinafter referred to as the "National Bank"). 1. Drawing request (1) When the borrower receives payment requests from the Supplier through the Executor Agency (as in the CFP form attached to this document), the Loan will require the Fund to make a redundancy in an amount not exceeding the actual amount requested by the Provider by sending to the Fund the Firing Requirement in accordance with the TRF Form annexed to this document. Each Shooting Request will be signed by the Loan and will be accompanied by the following documents: ((a) List of payments as in the TRF-SSP Form annexed to this document ((b) A copy of the transfer instructions sent to the National Bank as in the annexed Form (c) Payment requests that highlight the amount to be paid to the Supplier (Providers), as in the CFP Form (d) The following aid documents highlighting each payment and its use: ((i) For the payment of suppliers for the dispatch/transport of goods and/or services-letter of bill of lading or other documents highlighting the dispatch/transport of goods listed in the invoice; ((ii) For the payment of consultancy services-the request of the consultants indicating, with sufficient details, the service provided, the period of supply and the amount of payment to them; (iii) For payments made under contracts for civil works- ● the contractor's application or invoice showing, with sufficient details, the work done by the contractor and the amount requested for it; ● a certificate stating that the work performed by the contractor is satisfactory and consistent with the terms of the relevant contract. Such a certificate will be signed by the chief engineer or project officer of the Executor Agency appointed for the Project. (2) The amount declared in the Drawing Application will be declared in Japanese yen, converted to the T/T purchase rate quoted by the National Bank on the date immediately preceding the day on which the drawing request is made. The amount to be paid in the currency and at the exchange rate used for the conversion of Japanese Yens will be described in the List of Payments as in the TRF-SSP Form together with the proof of such exchange rate. (3) When the Loan sends to the Fund a Drawing Request, the Loan will send the National Bank the Transfer Instructions (as in the Form of the OECF-T1) accompanied by the copy of the Drawing Request and Payment Applications. 2. Drawing (1) When the Fund considers the request for drawing in order and in accordance with the provisions of the Loan Agreement, the Fund, after receiving an amount equal to one tenth of a percentage (0.1%) of the amount to be drawn, as a service fee paid by Borrowed, will perform the layoff in Japanese yen. The redundancy will be made in fifteen (15) working days from the date of receipt of the Request by payment in the National Bank's non-resident yen account, which will be opened in advance at the Bank making the payment, in accordance with the laws and Japanese relevant regulations (2) An amount equal to such a service fee will be financed from the amounts of the Loan and the Fund will immediately pay such an amount as a service fee on the date of redundancy made to the Loan. Such redundancy from the amounts of the Loan will constitute a valid and firm obligation for the Loan in accordance with the terms and conditions of the Loan Agreement. 3. Payment to Supplier. After the amounts of the Loan made redundant by the Fund were credited to the non-resident yen account of the National Bank referred to in paragraph 2 above and the National Bank receives the telegraphic confirmation from the paying bank, the Bank The National will immediately change the amount credited in the currency of Romania and will transfer the amount actually requested by the Supplier through the Payment Application to the Supplier's correspondent account with the Supplier Bank, in accordance with the Transfer Instructions. 4. Delegation of authority ((1) The borrower shall designate by this document the National Bank as its agent for the purpose of the undertaking of any action or conclusion of any agreement requested or permitted in accordance with this Transfer Procedure. (2) Any action taken or agreement concluded by the National Bank as a result of the authority conferred on the National Bank will be completely binding on the Loan and will have the same force and effect as if it had been undertaken by Borrowed. (3) The authority conferred on the National Bank may be revoked or modified by an agreement between the Loan and the Fund. 5. Arrangement The borrower will take the necessary steps for the National Bank to conclude the necessary arrangement with the Bank that makes the payment, an arrangement containing the following, in accordance with the authorization conferred on the National Bank established at 4. above: ((a) The use of the non-resident yen account of the National Bank opened at the Bank that makes payment for layoffs made according to the Transfer Procedure. ((b) The fact that immediately after the redundancy made by the Fund was credited to the non-resident yen account of the National Bank referred to in point 2. above, the paying bank will confirm to the National Bank the granting of redundancy by the Fund. 6. The Fund shall not be responsible for any loss suffered by the Lending and/or Provider (s) due to any difference between the exchange rate to be used for the conversion of Japanese Yens into the currency used for the effective payment to Supplier (s) at the transfer date and the exchange rate to be used for the conversion of the currency used for the actual payment to the Supplier (i) in Japanese yen at the time of the draw. (PFC Form) Payment request Date: Loan No: ROM-P1 Recipient: Name and address of the borrower We present the payment application for the execution of the work, with the following content: 1. Contract no. and date: 2. Notice on Contract no. and date (if any): 3. Description of goods and services performed: 4. Amount requested: 5. The cumulative amount already paid: 6. Total amount (4. + 5.): Please pay the amount requested in point 4. above in our account, detailed as follows: ((i) Account number ((ii) Name of bank (iii) Full address of the bank ((iv) Telegraph address (Supplier's name) ((signature) (TRF form) Request for firing Date: Loan No: ROM-P1 Application series No: Recipient: FUND FOR ECONOMIC COOPERATION WITH ABROAD Tokyo, Japan To the attention: Executive Director, Operational Department III Ladies and gentlemen: 1. As a result of the Loan Agreement no. ROM-P1 dated February 27, 1998 concluded between FUND FOR ECONOMIC COOPERATION WITH ABROAD (hereinafter "the Fund") and Romania, the undersigned hereby requests the redundancy according to the said loan agreement of the amount of .... Japanese yen (ie ... JYP) for the payment of the expenses described in the List annexed to this document. 2. The undersigned has not previously requested the redundancy of any amount of the Loan for the purpose of carrying out the expenses described in the List. The undersigned has not obtained and will not obtain funds for this purpose from the amounts of another loan, credit or non-refundable loan at the disposal of the undersigned. 3. The undersigned certifies that: (a) the expenses described in the List will be made for the purposes specified in the Loan Agreement; (b) the goods and services for which these expenses are made have been purchased in accordance with the applicable procurement procedures agreed with the Fund as a result of the said Loan Agreement and the cost and terms of acquisition of they are reasonable; (c) the said goods and services are or will be provided by the Supplier (s) specified in the attached List and are or will be produced in (or, in the case of services, provided from) Fund. 4. Please lay off the amount requested by this document by payment in the non-resident yen account of the National Bank of Romania opened at the Bank of Tokyo-Mitsubishi, Ltd., Tokyo. 5. This request consists of pages and lists and numbered. Yours, For: (Lending) ((authorised signature) (Form OECF-T1) Transfer instructions Date: Loan No: ROM-P1 Series No: Recipient: National Bank of Romania After receiving the draw from the Fund as a result of our Shooting Requirement No. ..... dated ....., by this document we request the change of the amount drawn in the currency of Romania and the transfer of the amount actually requested by the Supplier to the account of the respective Supplier opened with the Supplier Bank as specified in the payment no. ...... dated ..... ((Name and address of the borrower) ((signature) Annex I request Payment request (TRF-SSP form) Payment List Date: Series No: ┌ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | 1. | | Two. | | 3. | | Four. | | Five. | | Six. | | Seven. | | 8. | | 9. | | 10. | | 11. | | 12. | 13. | 14. | 15. | | | Tran-| No. | Cum-| Für-| Nati-| Des-| Ca-| O-| Su-| C | Su-| Na-| Me- | Su-| Ra-| | | | | | | | | | | | | | | | | | | | | | | u | ma | tu | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | u | tii | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | rin-| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | * 1) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | * | | OECF | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 1 | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 2 | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 3 | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | 4 | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | Total | | | | | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 -- ---- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- | | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | The undersigned certifies that the Supplier (Providers) goods and/or serve-| | ciile declared above eligible under the Loan Agreement. | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | * 1) Note for 4. Nationality of the Provider: The country where the Supplier is | | registered and has its main office. | | | * 2) Note for 6. Category: Category described in Section 1. of Annex 2. | | * 3) Note for 10. 13 Payment amount: if not expressed in Japanese yen | | declare both the amount in the currency in which the payment was made and the amount (amounts) | | calculated in accordance with 1. (2) of Annex 7, Transfer Procedure, as and | | | exchange rate (s). | | * 4) Note for 11. Payment method: Cash payment, payment in instalments or payment | | | at the end etc. | | | * 5) Note for 12. Method of acquisition: Declarate the reasons for the choice | | other methods than competitive international bidding. | | | * 6) Note for 14. Shooting rate: The ratio between the amount required for the finan-| | loud and the amount of payment in the currency in which the payment was made to the Supplier. | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ├ ----- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] | Authorized Signature | └ ------------------------------------------------------------------------------ --------