Law No. 156 Of 28 July 1998

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

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Law No. 156 of 28 July 1998 on ratification of the loan agreement between Romania and the international economic cooperation fund-Japan concerning road rehabilitation Project, signed at Tokyo on 27 February 1998 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 300 from 14 august 1998 Parliament adopts this law.


Article 1 shall be ratified the loan agreement between Romania and the international economic cooperation fund-Japan concerning road rehabilitation Project, signed at Tokyo on 27 February 1998, hereinafter referred to as the agreement, amounting to 9,189 million Japanese yen.


Article 2 the implementation of the agreement will be carried out by the national administration of roads in Romania, designated as the implementing agency.


Article 3 the Ministry of finance will conclude with the national administration of roads in Romania a subîmprumut agreement, through which it has delegated the authority and responsibility for the whole of the efficient implementation of the project.


Article 4 the Romanian Government's Contribution to the realization of the project, as well as the necessary funds for the repayment of the loan, the payment of interest, commissions and other costs incurred in foreign loan will be secured from own sources of National Administration of roads in Romania, the final beneficiary of the credit, the special fund for public roads and, in addition, from the State budget through the budget of the Ministry of transport.


Article 5 authorizes the Government, through the Ministry of finance, jointly with the international economic cooperation fund to introduce, during use of the loan in relation to the conditions of the agreement, amendments to its content, relating to changes in the structure of the loan, and any other details and changes, which are not likely to increase the financial obligations of Romania towards international Economic Cooperation Fund or to determine new economic conditionalities from those agreed initially between the parties.
This law was adopted by the Senate at its meeting on 30 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CRISTIAN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting of 9 July 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT PAULA IVĂNESCU Bucharest, July 28, 1998.
No. 156.


LOAN AGREEMENT loan agreement No. ROM-P2 for road rehabilitation Project between International Economic Cooperation Fund, Japan, and Romania, dated February 27, 1998 TABLE of CONTENTS article I Loan section 1. The loan amount and purpose of section 2. The use of the amounts of the loan and interest Repayment Article II section 1. Loan repayment section 2. Interest and the method of payment to each of the special Clause of article III section 1. General terms and conditions section 2. Section 3 procedure for buying-in. Redundancy procedure section 4. Loan administration Section 5. Notifications and requests section 6. Annex 1 language project description Annex 2 Allocation amounts loan payback Scheme Appendix 3 Annex 4 Annex 5 purchase procedure the procedure for hiring procedure for Annex 6 Annex 7 procedure for repaying one loan agreement No. ROM-P2, dated 27 February 1998 between International Economic Cooperation Fund, and Romania in the light of the content of the exchange of Notes between the Government of Japan and the Government of Romania dated 14 July 1997, concerning a Japanese loan to be granted to promote the economic stabilization and development efforts, Through the present document, the international economic COOPERATION PROGRAMME (hereinafter "the Fund") and Romania represented by the Ministry of Finance (hereinafter referred to as the "Borrower") concluded the following loan agreement (hereinafter referred to as "loan agreement" that includes all the documents referred to in the loan agreement).


Article 1 the loan section 1. The amount and purpose of the Loan Fund has agreed to lend the Borrower in an amount which does not exceed NINE BILLION one hundred and EIGHTY-NINE MILLION Japanese yen (9,189,000,000) which represent the capital for the project of rehabilitation of the roads described in annex 1 of this agreement (hereinafter the "project"), the terms and conditions set forth in the loan agreement (hereinafter the "Loan") However, foreseeing that, if the cumulative total of the NDRC in accordance the loan Agreement reaches the said Fund will no longer grant any further redundancies.
Section 2. Use the loan amounts (1) Borrower will make the necessary arrangements to ensure that the amounts of the loan must be used for eligible goods and services required for the implementation of the project procured from vendors, contractors or consultants (hereinafter collectively the "service providers") from eligible source countries as described in annex 4 to this agreement (hereinafter referred to as "eligible" source Countries) in line with the allocation set out in Schedule 2 of this agreement.
  

(2) final Disposal in accordance with the loan agreement will be made no later than the same day and month over six (6) years after the date of the loan agreement strategy and no other paid leave will no longer be carried out by the Fund after this date, unless otherwise agreed between the Fund and lent.
  


Article 2 section 1 and interest Repayments. Repayment of the loan the borrower will repay the amount of the loan by the Fund in accordance with the depreciation Program described in annex 3 to this agreement.
Section 2. Interest and their payment method (1) Borrower will pay you interest Fund semiannually at a rate of two and seven tenths percent (2.7%) per annum, corresponding to the amounts applied to categories (a), (b) and (c) below (hereinafter referred to as "the amount of the loan (s)") made available and unused: (a) the loan Amounts made available from Loan allocated to category (A) (referred to in section 1 of Appendix 2 to this Agreement);
(b) Service Commissions made available from Loan amounts relating to goaltender at point (1) (a) above;
(c) any amounts reallocated in category (C) (set out in section 1 of Appendix 2 to this Agreement) and made available in accordance with (1) (a) or (1) (b) above.

(2) the borrower will pay the Fund interest semi-annually at a rate of two-and three-tenths percent (2.3 percent) per year, applied the appropriate amounts of the categories (a), (b) and (c) below made available and unused (hereinafter "the amount of the loan (s)"): (a) the amounts made available from Loan instalments assigned category (B) (set out in section 1 of annex 2 to this Agreement);
(b) service fees from amounts made available concerning the amount of the loan, made available in accordance with paragraph (2) (a) above;
(c) any amounts reallocated in category (C) (set out in section 1 of annex 2 to this Agreement) and made available in accordance with (2) (a) or (2) (b) above.
(the borrower will pay the Fund 3 on 20 February of each year accruals until 19 February of that year on august 20 of last year, and 20 august of each year accruals until 19 august from February 20 of that year, before the final withdrawal of the amount of the loan, the borrower will pay the Fund on 20 February of each year and interest accrued until 19 February of that year from august 20 of the previous year and 20 august of each year and interest accrued until august 19, starting with February 20 of that year.


Article 1 Section 3 of the special Clause. General terms and conditions other terms and conditions generally applicable to the loan agreement shall be laid down in the general terms and conditions of the Fund in November 1987, with the following stipulations (hereinafter "general terms and conditions"): (1) article VII of the general terms and conditions will be ignored and, in consequence, all references to "guarantee" and "Guarantor" anywhere are mentioned in the general terms and conditions will also be ignored.
  

(2) section 3.05 of the general terms and conditions will be ignored and replaced by the following provision: "If repayment of the loan or interest payments required under the loan agreement will be delayed, interest specified in Section 3.03. will cease to be calculated on an amount of such loan unpaid at the due date and after this and a late fee calculated at the rate of two percent (2%) per annum 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 on the maturity period of the day immediately preceding the day of effective payment thereof , both days being included. "

(3) the following shall be substituted Section 3.07. the general terms and conditions: section 3.07. Method of payment all payments on the loan amount and interest and Commission and service fee of delay on the loan made by the borrower will be credited to the Fund account opened at the Bank of Tokyo-Mitsubishi, Ltd., Uchisaiwai-cho Office, Tokyo, Japan.

(4) once a contract is determined as eligible for financing by the Fund, the provider name and the amount of the contract can be made public by the Fund.
  


(5) the term "loan amounts" anywhere is mentioned in the general terms and conditions will be replaced with "Loan Amounts (I) and (II) the amounts of the loan";
  

(6) where the borrower makes loan repayment or interest payment and late fee without specifying the order of allocation, the Fund may decide the order of allocation between loan amounts, interest or late fee for Loan Amounts (I) or (II) Loan Amounts.
  

Section 2. Procedures for getting the rules for the procurement of goods and services and employment of consultants mentioned in Section 4.01. the general terms and conditions will be stipulated in the purchase Procedure set out in annex 4 to this agreement.
Section 3. Disposal procedure disposal procedure mentioned in Section 5.01. the general terms and conditions will be as follows: (1) the procedure for the commitment shown in annex 5 to this agreement will be applied in cases where the amounts made available for the payment of the supplier (s) from a country (countries) (s) eligible source (s) other (other) than Romania with respect to the portion of the agreement expressed in a currency other than that of Romania.
  

(2) the procedure for reimbursement submitted in annex 6 to this agreement will be applied in cases of redundancy payments made to the Supplier (s) of Romania and supplier (s) from a country (countries) (s) eligible source (s) other (other) than Romania with respect to the portion of the contract, expressed in the currency of Romania.
  

(3) except for the provisions of paragraph (2) above, the Transfer Procedure annexed to this agreement as annex 7 shall apply in case of fire for payments to be made by a supplier (s) from Romania and from a country (i) (e) eligible source (s) other (other) than Romania with respect to the portion of the contract, expressed in the currency of Romania.
  

Section 4. Loan Administration (1) Borrower will authorize and will make the necessary arrangements to ensure that the national administration of roads (hereinafter "Agency execution") to implement the project.
  

(2) the borrower will make the necessary arrangements to ensure that Agency execution to hire consultants for project implementation.
  

(3) if the funds available from the proceeds of the loan will be insufficient for the implementation of the project, the borrower will promptly make the necessary arrangements to provide the necessary funds.
  

(4) the borrower can pay the loan, from the proceeds of a loan Agency, (hereinafter referred to as "Subîmprumut") for implementation of the project. Sub-loans shall not exceed terms and conditions, including the interest rate, grace period or repayment period shall not be less favourable than those in the loan agreement.
  

(5) the borrower will take care that the agency execution to provide Fund quarterly progress reports regarding the implementation of the project (in the months of February, may, august and November each year) until the project is finished, in such form and with such detail that Fund them will be asked reasonably.
  

(6) promptly, but in any event not later than six (6) months after the end of the project, the borrower will make the necessary arrangements to ensure that the Agency is running to provide a report to Fund completion of the project in such form and with such detail that Fund them will be asked reasonably.
  

(7) the borrower will cause it to be operated and maintained any facilities relating to the project and prompt as possible, câât, will do or will cause you to make all the necessary repairs and replacements.
  

Section 5. Notifications and requests the following are specified for purposes of Section 9.03. the general terms and conditions for the Fund: mailing address: THE OVERSEAS ECONOMIC COOPERATION FUND Takebaschi Godo Building, 4-1, Ohtemachi 1-chome Chiyoda-ku, Tokyo 100, Japan Attn: Director of the Operational Department III telegraphic address: Tokyo COOPERATIONFUND Telex: (1) Call no.: J28360 Answer Back Code: COOPFUND J28360 (2) Call no.: J28430 Answer Back Code: COOPFUND J28430 For the borrower mailing address: MINISTRY of FINANCE, Apolodor Street nr. 17, Bucharest, Romania the attention: Telex: Call no.: 11230 If addresses and/or name of the above changes, the interested parties shall notify in writing the other party to the agreement immediately new address and/or name.
Section 6 Language all documents, information and materials will be provided in accordance with the loan agreement shall be in English or in the language of the borrower, accompanied by a certified translation into English, by providing that, in the latter case, the English translation shall prevail.
In WITNESS WHEREOF, the Fund and the borrower, acting through their duly authorized representatives fully, you have determined that the loan agreement to be duly signed on their behalf and handed to the Office of the FUND for INTERNATIONAL ECONOMIC COOPERATION, Chiyoda-ku, Tokyo, Japan, on the date and year.
For INTERNATIONAL ECONOMIC COOPERATION FUND Akira NISHIGAKI, President Chairman of the Board of Directors for ROMANIA Eugen Dijmarescu summits Ambassador annex 1, PROJECT DESCRIPTION, section 1. Project abstract (1) objective: Rehabilitate priority section of national road No. 6 so as to cope with the increasing demand for domestic and international traffic.

(2) location: Timisoara, nr national road section. 6 between Timisoara and Craiova-Lugoj (3) Executing Agency: national administration of roads (4) activity area: (a) the construction belt Timişoara (b) rehabilitation of national road No. 6 between Timişoara and Lugoj (c) construction of the belt (d) Advisory services Loan amounts are available for in points (a) to (d).
Any balance remaining deficit nefinanţat of the articles mentioned above, and any other works, to be financed by the Loan.
Section 2. Estimated annual needs are shown below.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ in each calendar year for the loan for the project (January-December) (million Japanese yen) (Yen millions) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 1998 00 00 1999 108 201 2000 689 1,116 2001 3,593 5,689 2002 3,593 5,689 2003 1,206 1,913 2004 00 00 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 9,189 14,608 TOTAL: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Making loan amounts will be made within the limits of annual budgetary appropriations of the Government of Japan for the Fund.
Section 3. It is estimated that the project will be completed in April 2003.


Annex 2 section 1 ALLOCATION of LOAN AMOUNTS. Allocation ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ the amount allocated per cent of expenditure category of Borrowing what follows (million Japanese Yen to be financed) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (A) civil works/construction 8,318 100 (B) Advisory services 455 100 (C) 416-Quotas ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 9,189 TOTAL: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Please note: Items not eligible for financing are shown below.
(a) General Administrative Expenses (b) taxes and duties (c) the purchase of land and other immovable property (d) Compensations (e) indirect articles unless otherwise agreed between the Fund and lent, every job loss, the amount of readily available will be calculated from the total eligible expenditure by multiplying the percentage stipulated in this section.
Section 2. Reallocation according to changing cost estimate (1) where the estimated costs of the items included in the category (A) or (B) shall reduce the amount allocated to them, and that is no longer required for these categories will be the allocation of the Fund category (C).
  

(2) If the estimated cost of the items included in the category (A) or (B) will increase the sum equal to each portion, if any, of this increase to be financed from the proceeds of the loan will be allocated to that category of the Fund, at the request of the borrower, in category (C), taking into account, however, of the contingent needs, as determined by the Fund concerning the cost of items from other categories.
  


Annex 3 ANNEX 1 DEPRECIATION. Repayment of the loan amount (s) due date Amount (Japanese yen) 20 February 2008 213,040,000 every February 20 and august 20 since 20 august 2008 213,024,000 with up to 20 February 2028 2. The reimbursement of the borrower (s) due date Amount (Japanese yen) 20 February 2008 11,120,000

    Every February 20 and august 20 since 20 august 2008 11,097,000 until 20 February 2028 3. Repayment of the loan (I) + (II) Amount due date (Japanese yen) 20 February 2008 224,160,000 every February 20 and august 20 since 20 august 2008 224,121,000 with up to 20 February 2028 annex 4 PURCHASE PROCEDURE section 1. The rules that will be used to carry out acquisitions within the loan (1) all purchases of goods and services except advisory services to be financed from the proceeds of the loan will comply with the rules for conducting procurements within the OECF Loans dated November 1987 (henceforth referred to as "procurement Rules").
  

(2) the consultants will be paid from the proceeds of the loan in accordance with the rules regarding the hiring of consultants by OECF funding Borrowers dated November 1987 (henceforth referred to as "the rules for consultants").
  

Section 2. Eligible source countries source Countries eligible for making purchases all goods and services, including advisory services, to be funded from the proceeds of the loan are all countries and regions.
Section 3. The Fund's decisions from the review made on purchases of goods and services (excluding consultancy services) In the case of contracts to be financed from the proceeds of the loan allocated to Categories (A) and (B) set out in annex 2 to this agreement, the following procedures will be subject to the examination and agreement of the Fund, in accordance with Section 4.02. pertaining to "general terms and Conditions";

(1) If the borrower wishes to adopt other procedures of international competitive tenders than acquisition, the borrower shall submit an application to the Fund for the examination of the method (s) of purchase (corresponding to Form No. 1 annexed to this Agreement). The Fund shall inform the borrower agreement or through a notice on the method (s) of purchase.
  

(2) prior to publication and/or notification precalificării, the borrower shall submit to the Fund, for the purpose of examination and expression, pre-qualification documents, together with a request for re-examination of the pre-qualification Documents. If the Fund does not have objections over the above mentioned documents, the Fund will notify the borrower in this regard through a Pre-qualification documents notices. Any subsequent amendment made by the Borrower under the above mentioned documents requires the prior consent of the Fund.
  

(3) When precalificate companies have been selected, the borrower shall submit to the Fund, for the purpose of analysis and expression of the agreement, a list of these companies and report on the selection process, along with related reasons for each election, enclosing all relevant documents, as well as an application for the analysis of the result of Precalificării. The borrower shall submit to the Fund, for the information of the Fund, in any other document relating to the pre-qualification, at his request. If the Fund does not have objections over the above mentioned documents, the Fund will notify the borrower in this regard through a notification on the outcome of Precalificării.
  

(4) before transmitting tender offers regarding invitations, the borrower shall submit to the Fund, for the purpose of analysis and expression of the agreement, notices and instructions for bidders, the auction form, the draft contract proposed specifications, charts and other documents related to tender, together with a request for examination of the documents. If the Fund does not have objections over the above mentioned documents, the Fund will notify the borrower, in this sense, through a notification relating to the tender documents. In the event that the borrower wants to carry out a subsequent amendment of the aforementioned documents, to be obtained from the Fund Agreement before such documents to be submitted by prospective licitatorilor.
  

(5) before the borrower to submit notification to the lowest bidder, the borrower shall submit to the Fund, for the purposes of the examination and analysis of the expression of agreement, tender and proposal concerning the award of the tender, accompanied by a request for Tenders tender and proposal concerning the award of the tender. If the Fund does not object to the above mentioned documents, the Fund will notify the borrower in this respect through an Analysis of tenders notices of invitation to tender and the award of the tender proposal.
  

(6) where, as provided for in Section 5.10. procurement rules, the borrower wishes to reject all tenders or to negotiate with one or two of the most avantajoşi auctioneers in concluding the contract in satisfactory conditions, the borrower will inform you of the reasons for his Fund, requiring the Fund to carry out a preliminary analysis and expression of agreement. If the Fund does not have objections, will inform the borrower or agreement. In the case of resumption of tendering procedure, all subsequent procedures will be substantially in accordance with paragraphs (1) to (5).
  

(7) after the execution of the contract, promptly, the borrower shall submit to the Fund, for the purpose of analysis and expression of the Fund Agreement, a copy of the contract is fully certified, together with a request for examination of the contract (form No. 2 here side by side). Where conformity with the Fund contract, the Loan Agreement shall notify the Borrower in this regard through a Contract notices.
  

(8) any modification or cancellation of the contract examined by the Fund will require the prior written consent of the Fund, being however provided that every change what does not constitute a significant change to the contract and which do not affect the price of the contract will not require such an agreement of the Fund.
  

Section 4. The analysis of the substance of the decisions on employment of consultants With regard to Section 4.02 of the general terms and conditions, the following procedures will be subject to the examination and agreement Fund: (1) Previous motions required of consultants, the borrower shall submit to the Fund, for the purpose of analysis and expression of the agreement of the Fund, the terms of Reference, Brief List of invitees, accompanied by a request for an examination of those documents. The Fund has no objection with regard to the above-mentioned documents, the Fund will notify the borrower in this regard through a notice concerning the terms of reference, Brief List of Consultants and invitation Letter. Any alterations done by the Loan documents referred to above requires the prior consent of the Fund.
  

(2) Formerly of inviting consultants with the highest rank to participate in negotiations on the agreement, the borrower will provide Fund for the purpose of analysis and approval of the Fund, its assessment of the proposals received, accompanied by a request for the examination of proposals from Consultants. If the Fund does not have objections over the above mentioned documents, the Fund will notify the borrower in this regard through a notification regarding proposal evaluation report of consultants.
  

(3) where, as was provided for in Section 3.07 6oj Rules for consultants, the borrower wishes to enter into negotiations regarding the contract undertaken with consultants of the highest rank and invite consultants of secondary rank to attend talks, the borrower shall inform in advance the Fund, expressing and reasons in order to inform the Fund.
  

(4) If the borrower wishes, as was provided for in Section 3.01 (2) of the rules regarding Consultants employ a particular consultant, the borrower shall notify the Fund in this regard in writing its reasons for the purpose of analysis and expression and acceptance of the Fund, will provide an invitation letter and terms of reference. After obtaining the agreement of the Fund, the borrower will be able to transmit the letter of invitation and the terms of reference of the consultant in question. If the borrower considers the consultant's proposals as being acceptable, will be able to start negotiations on the terms of the contract (including financial terms).
  

(5) Immediately after the execution of the agreement, the borrower shall submit promptly, in order to Fund analysis and fund an acceptance speech by copy duly certified contract, together with a request for examination of the contract (according to Form No. 3 here side by side). In the event that the Fund consider the contract as being in accordance with the loan agreement, the borrower shall notify the Fund in this regard through a Contract notices.
  

(6) any amendment or cancellation of the contract examined by the Fund will require the written consent of the Fund, however, foreseeing that any change that does not constitute a significant change to the contract and which do not affect the price of the contract will not accept such a request of the Fund.
  


Form No. 1 date: REF. No.
The OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan Attn: Executive Director, Operations Department III gentlemen, REQUEST for EXAMINATION of the METHOD (s) of PURCHASE in respect of: the loan agreement No. ROM-P2, dated February 27, 1998, relating to road rehabilitation Project

In accordance with the provisions of the loan agreement to which we refer, hereby, submit for the purposes of examination, the method (s) of Getting listed in the annex.
We particularly appreciate if you notify us upon your agreement.
                               Yours sincerely, For Romania: represented by the Minister of Finance: (authorized signature) Annex 1 to Form No. 1 1. Project Name 2. Method (s) of Purchase () Auctions (local) International Limited () purchases (local) () Direct Subcontracting () other ways (more ...)
3. The reasons for the choice of method (s) getting into detail (for example: technical considerations, economic factors, experience and capabilities) 4. Name and nationality of the provider (in the case of invitations to tender (local) contractărilor international limited and direct) 5. The estimated amount of the contract currency local currency 6. The main items to be funded through contract 7. The type of control () key () Contract Purchases of goods/equipment/materials () civil works Contract concerning the Procurement of services () () the other 8. Annex i) date of conclusion of the contract) date of dispatch and/or the date of commencement of performance of work/services iii) closing date (transport or construction) Form No. 2 date: REF. No.
The OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan Attn: Executive Director, Operations Department III gentlemen, REQUEST for EXAMINATION of the contract in accordance with the provisions of the loan agreement No. ROM-P2, dated 27 February 1998, we hereby we, in order to review your certificate, a copy of the contract attached. Details of the contract are as follows: 1. The number and date of the contract: 2. Name and nationality of the provider: 3. Name of Purchaser: 4. The contract Price: 5. amount of funding: (representing.% of eligible expenditure) 6. Description and origin of Goods: We greatly appreciate if you notify us upon your acceptance on the Contract by sending a notification regarding the contract.
                              Yours sincerely, For Romania: represented by the Minister of Finance: (authorized signature) Form No. 3 date: REF. No.
The OVERSEAS ECONOMIC COOPERATION FUND Tokyo, Japan Attn: Executive Director, Operations Department III gentlemen, REQUEST for EXAMINATION of the contract (consultancy services) In accordance with the provisions of the loan agreement No. ROM-P2, dated February 27, 1998, you move through the examination, one copy of the contract attached to the certificate. Details of the contract are as follows: 1. The number and date of the contract: 2. The consultant's name and nationality: 3. Name of the person who commits: 4. Price contract: 5. amount of funding: (representing.% of eligible expenditure) we particularly appreciate if you notify us upon acceptance of your contract by sending a notification regarding the contract.
                              Yours sincerely, For Romania: represented by the Minister of Finance: (authorized signature) Annex 5 PROCEDURE for UNDERTAKING the PROCEDURE for UNDERTAKING dated July, 1998 shall apply mutatis mutandis in the case of dismissals of amounts made by the supplier (s) of the country (s) Eligible Source other than Romania in compliance with part of the contract drawn up in another currency than the currency of the National Bank of Romania, with the following additional provisions : 1. With respect to section 1. (2) the PROCEDURE for the engagement, the Japanese Bank will be The Bank of Tokyo-Mitsubishi, Ltd., Tokyo.
2. With regard to section 1. (2) the procedure for issuing bank UNDERTAKING will be Romanian commercial bank.
3. (a) the borrower shall pay to the Fund an amount in Japanese Yen equals one-tenth of a percent (0.1%) of the amount of the letter of Commitment-in the form of service fees, at the date of issue of such Letters of commitment. The Fund will be issued by the Japanese Bank, following a Commitment letter of receipt service fee from the borrower.
(b) an amount equal to this Commission will be financed from the capital of the loan, and the Fund will pay this amount immediately by itself as a service fee from the date of issuance of the letter of undertaking. This drawing from the amount of the loan will constitute a valid obligation legally to the borrower 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 letter of credit commercial, in which a commercial bank operating in the country of the supplier makes payment to the vendor in the exchange of documents specified in the letter and refinances the amounts concerned funds made available by the buyer through his bank.
  

(2) When such payment to the vendor is eligible for funding from the loan granted by the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE (hereinafter "the Fund"), the buyer may provide in the letter issued by the designated bank (hereinafter the "issuing bank") as the supplier's Bank (hereinafter "supplier" Bank) is going to refinance at a Japanese Bank in Tokyo (hereinafter the "Bank").
  

(3) Japanese Bank will get funds for reimbursement by the Fund in the insurance fund. Such insurance when it is provided, take the form of a letter of commitment from the Fund to the Japanese Bank (such insurance will be hereinafter referred to as "L/COM") through which the Fund commits to make, under certain conditions, the amount to be paid by the Japanese Bank under and in accordance with the l/c irrevocably specified (hereinafter "l/c").
  

Section 2. Issuance of letter of credit and of the letter of commitment (1) A loan fund (hereinafter referred to as the "Borrower"), the designated authority or any other buyer of the Borrower will be required to emit the issuing bank L/C.
  

(2) the issuing bank will issue L/C, on behalf of and under the authorisation of the borrower in favor of supplier through the Japanese Bank substantially in accordance with Form OECF-LC1 annexed goods and OECF Form-LC2. The Japanese Bank will send a copy of the L/C by the Fund in order to obtain from it/COM.
  

Note: when the issuing bank is the Bank that will perform currency exchange in Tokyo, the issuing bank is the same as the Japanese Bank.

(3) When the Fund considers such an L/C as correct and in accordance with the provisions of the loan agreement between the Fund and the terms of the Loan and the relevant contract between the borrower and provider, Fund, having received an amount equal to one-tenth of a percent (0.1%) of the Borrower as well as service fee, issue L/COM the Japanese in accordance with OECF-Form attached.
  

(4) After receipt of l/c, the Japanese Bank will forward the l/c that will become effective when the Japanese Bank learns of receiving it/COM to fund, through the supplier's Bank. The Japanese Bank will forward simultaneously with a copy of it to the issuing Bank/COM when the issuing bank is different from Japanese Bank and the Borrower or his designated authority when issuing bank is identical to the Japanese Bank.
  


Section 3. Layoffs (1) Bank will make payment to the supplier the supplier as a result of L/C mentioned and calls for the Japanese Bank to repay the funds by sending a set of documents specified in the l/c. Simultaneously, the supplier will send the remaining documents set directly to the issuing bank when the issuing bank is different from the Japanese Bank.
  

(2) on receipt of such a request, the Japanese Bank will submit the request to Fund redundancy in accordance with OECF Form-RFD (1) attached.
  

(3) the Fund shall, within fifteen (15) business days following receipt of job loss, layoffs will be made of the amounts requested by the Japanese Bank in accordance with the provisions of L/COM. In consequence, the Japanese Bank will make payment to the supplier's Bank.
  

Section 4. The contract in another currency than Japanese yen (1) where the contract is established and payable in a currency other than Japanese yen, will be applied mutatis mutandis to Form OECF-LC1 and LC2 OECF-attached and for the application of the staff regulations shall apply shall apply Form OECF-RFD (2) in this case.
  

(2) Amount L/COM will be equivalent in Japanese yen of the amount of the respective currencies of the L/C, converted at the exchange rate on the sale of the Bank T/T Japanese with two (2) business days prior to the date when issued L/COM.
  

(3) the amount declared in the application of redundancy will be equivalent to the Japanese yen, converted at the exchange rate on the sale of the Bank T/T Japanese with two (2) business days prior to the date of dismissal.
  

(4) where the amount of the l/c is not fully covered by the sum of L/COM due to the exchange rate variation, the amount not covered by L/COM can be covered within the limits of the loan amounts, on an amendment to it/COM where l/c amount cannot be fully covered by this method, the borrower will pay the amount not covered by L/COM.
  


Section 5. Others


(1) should be given attention to ensuring that an agreement on such a letter and on the method of disposal will be concluded between the Japanese Bank and the issuing bank, or its designated authority immediately after signature of the loan agreement.
  

(2) All bank fees or charges that accumulate in connection with transactions referred to are the borrower's account.
  

(3) Complaints or disputes in connection with the L/C mentioned will be resolved between the parties concerned and such complaints or disputes will not relieve the borrower of any obligation under the agreement resulting from the loan to which it alludes.
  

OECF form-Letter date: LC1 irrevocable L/C No.
    By:. This letter of credit was a. .. issued as a result of the agreement of (name and address of Bank loan no. .., .., designated for Japanese of (Borrowed) and the conduct of the activity for ECONOMIC COOPERATION with foreign currency in Tokyo), Tokyo, Japan FOREIGN Gentlemen, we ask that you please notify (name and address of the supplier) that we open our irrevocable letter of credit no. in his favor, on behalf of (name of Purchaser) for the sum or sums not exceeding a sum of Y (that is, yen) available by drafts at sight of the beneficiary for the total amount of the invoice, drawn on (Japanese bank designated for foreign activity, Tokyo), which must be accompanied by the following documents: commercial invoice signed a certificate of origin of the packages List a complete set of maritime bills of lading made out to order and blank endorsed and marked "Cost transport to." and " Notified ".
(Other documents) to highlight the transport (short description of the goods referred to in the contract No ...). at. .
Partial deliveries are permitted. Transshipment is allowed.
Conosamentele must not be dated later, 19. .
Drafts should be submitted not later than trasului., 19.
All the drafts and documents in accordance with this credit must be marked "irrevocable credit Drawn under (the issuing Bank) No. dated, 19, and import Reference No. .. (if any).
This documentary credit is not transferable.
In this document we are committed that all drafts drawn under and in compliance with the terms of this letter will be duly honoured on presentation and delivery of documents to the shooter.
Unless otherwise expressly stipulates, this letter is subject to the provisions of such an "nr". 400 relating to Uniform Rules and Practices concerning credentials (revised edition, 1983), published by the International Chamber of Commerce ".
Special instructions for the negotiating bank: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 1. This letter will become effective when (Japanese bank designated for foreign activity of Tokyo) learns of the receipt of the letter of commitment from the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE in accordance with the loan agreement.
After obtaining reimbursement from the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE in accordance with the provisions of the letter of engagement (Japanese Bank identified for the conduct of work in Tokyo's currency) undertakes to remit the equivalent value of bills of Exchange according to the instructions issued by you.
2. You must submit drafts and a complete set of documents (Japanese bank designated for carrying out the activity in Tokyo currency) together with the certificate stating that the remaining documents were sent by airmail directly to us.
3. All bank charges corresponding to this letter shall be borne (Borrower) pursuant to the loan agreement.
Yours, (name of issuing bank) (authorized signature) TERMS of PAYMENT the terms of payment shall constitute an integral part of our letter No. ..
I. initial payment amount: Y representing. .. % of the total amount of the contract documents required: deadline for presentation: II. Interim payment (if any): Amount representing. .. % of the total amount of the contract documents required: deadline for presentation: III. Payment against documents: transport Y representing. .. % of the total amount of the contract note: This annex is not required if full payment made on the basis of delivery documents.
OECF form-Letter date: LC2 irrevocable L/C No.
    By:. This letter of credit was a. .. issued as a result of the agreement of (name and address of Bank loan no. .., .., designated for Japanese of (Borrowed) and the conduct of the activity for ECONOMIC COOPERATION with foreign currency in Tokyo), Tokyo, Japan FOREIGN Gentlemen, we ask that you please notify (name and address of the supplier) that we open our irrevocable letter of credit no. in his favor on behalf of (name of Purchaser) in the sum or sums not exceeding a sum of Y (that is, yen) available by drafts at sight of the beneficiary for the total amount of the invoice drawn on (Japanese bank designated for the conduct of work in Tokyo's currency), must be accompanied by the required documents in accordance with the payment schedule annexed hereto concerning the contract No. .. with regard to the project.
Drafts should be submitted not later than trasului., 19.
All the drafts and documents in accordance with this credit must be marked "irrevocable letter of credit Drawn under (the issuing Bank) No. dated, 19. .
This credit is non-transferable.
In this document we are committed that all drafts drawn under and in compliance with the terms of this credit will be duly honoured on presentation and delivery of documents to the shooter.
Except when expressly otherwise declare, this loan is subject to the "Brochure No. 400 relating to Uniform Rules and Practices concerning credentials (revised edition, 1983), published by the International Chamber of Commerce ".
Special instructions to the negotiating bank: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 1. This letter will become effective when (Japanese bank designated for foreign activity of Tokyo) learns of the receipt of the letter of commitment from the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE in accordance with the loan agreement.
After obtaining reimbursement from the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE in accordance with the provisions of the letter of engagement (Japanese Bank for foreign activity of Tokyo) undertakes to remit the equivalent value of bills of Exchange according to the instructions issued by you.
2. You must submit drafts and a complete set of documents (Japanese Bank of Tokyo) together with the certificate attesting to the fact that the remaining documents were sent by airmail directly to us.
3. All bank charges are appropriate in this task (the borrower) pursuant to the loan agreement.
Yours, (name of issuing bank) (authorized signature) PAYMENT CHART this chart of payment shall constitute an integral part of our letter of credit no.
I. initial payment amount: Y representing. .. % of the total amount of the contract Documents required: the beneficiary's last Statement presentation: II. Payment amount: Y representing evolution. .. % of the total amount of the contract to be paid as follows: amount due presentation last tranche 1 Tranche 2: Y: Y. .. ..

Required documents: a copy of the Declaration of execution issued by (or its designated authority), whose form is attached.
Statement execution date: to: .. REF. No. .
     Reference. Letter nr. , dated to (name and address, issued by the supplier, in) the sum of Y, in favor of the Project, according to loan agreement No. ..

I, the undersigned, representing the (Borrower), issued by this document a statement of compliance with to allow to receive the sum. Y (. Yen) from the FUND FOR ECONOMIC COOPERATION with FOREIGN countries in accordance with the payment terms specified in the contract No. ., ..,. .. and. .. .
(Borrower)
(Authorized signature)
Special instructions: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ the actual details of the completion will be set out in the annex.
OECF-form Date: commitment No.
Gentlemen: LETTER of COMMITMENT Reference: Lc No.
the amount of this document in favor of us commit ourselves irrevocably to reimburse you an amount or amounts not exceeding. v. application for reimbursement with a copy of the cheques drawn by the recipient, within fifteen days of receiving the request.
This letter of commitment will expire at th. .. .
It is understood that the repayment as a result of this letter of engagement, we will not under any circumstances be obliged or liable for the acts or omissions of the negotiating bank, issuing bank, beneficiary and/or other parties interested in the letter mentioned in connection with the issue, the negotiation, payment, or any issues related to this.
Yours, OECF Form-RFD (1) application for (1) date: REF. No.

By: FUND FOR ECONOMIC COOPERATION with Japan In Tokyo on FOREIGN EXCHANGE, attention: Inspector Ref: Loan No. . Country: a letter of commitment No.
Letter nr.
Gentlemen: I received the documents concerning the supply of a. .. (the quantity and description of the goods and services in accordance with the l/c) and I found them in good order and in accordance with the l/c terms amintitului.
Following the letter of the commitment mentioned above, this document request the discharge of the amounts of the loan: Amount of dismissal). Y (i.e.. Yen) b) Release Date: yours (Japanese Bank Name) (authorized signature) Form OECF-RFD (2) application of shooting (2): REF. No.
By: FUND FOR ECONOMIC COOPERATION with Japan In Tokyo on FOREIGN EXCHANGE, attention: Inspector Ref: Loan No. . Country: a letter of commitment No.
Letter nr.
Gentlemen: I received the documents concerning the supply of a. .. (the quantity and description of the goods and services in accordance with the l/c). and I found them in good order and in accordance with the l/c terms amintitului.
Following the letter of the commitment mentioned above, this document request the discharge of the amounts of the loan: Amount of dismissal). Y (i.e.. Yen) b) the amount of the cheque (payable in accordance with the letter of credit mentioned): c) currency: d) Release Date: yours (Japanese Bank Name) (authorized signature) Annex 6 REPAYMENT PROCEDURE REPAYMENT PROCEDURE dated September 1988 shall apply mutatis mutandis in the case of dismissals of amounts for payment to the vendor (s), with the following provisions: 1. Bank of Tokyo authorized for foreign exchange operations , whenever it is mentioned in this Annex, including the PROCEDURE for reimbursement will be Bank of Tokyo-Mitsubishi, Ltd., Tokyo.
2. The borrower Bank authorized for foreign exchange operations provided for in the PROCEDURE for reimbursement will be Romanian commercial bank.
3. Related documents that highlight each pay period and the use thereof, referred to in paragraph 1. (b) the procedure for REIMBURSEMENT shall be as follows: (a) For payments made to suppliers for dispatch/transport of goods-(i) the letter of the Bill of lading or other documents that highlight the dispatch/transport of goods listed on the invoice;
(ii) the promissory note or other document showing the date and the amount paid to the vendor; a receipt on the part of the supplier showing the date and the amount paid will be sufficient.
(b) For payments made to providers prior to dispatch/transport of goods-draft or other similar documents showing the date and amount of the payment to the vendor; a receipt on the part of the supplier showing the date and the amount paid will be sufficient.
(c) For payments relating to the services of consultants-(i) the request submitted by the consultants, indicating in detail, services rendered, the relevant period and the amount to be paid;
(ii) bank cheque cancelled-the application or other similar documents showing the date and amount of the paid consultants; a receipt on the part of consultants indicating the date and the amount paid will be sufficient.
(d) payments for other services provided (i) the document, or request an invoice specifying the nature of the services provided and the amounts charged for these;
(ii) bank cheque cancelled the project application or other similar documents showing the date and amount of the payment; a receipt showing the date and amount of payment will be sufficient.
In the case of services related to imports of goods (e.g. transport costs, insurance) appropriate information will be passed to allow the Fund to establish the correlation between them and the specific asset to which it relates and whose cost has been or is to be financed by the Fund.
(e) payments regarding contracts for civil works-(i) document the claim or invoice by the contractor, with sufficient details, showing the work done by the contractor and the amount claimed for these;
(ii) a certificate attesting to the fact 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 executantă Agency.
(iii) bank cheque or a similar document showing the date and amount of the payment by the contractor; a receipt on the part of the contractor showing the date and amount of payment will be sufficient.
4. (a) the borrower shall pay to the Fund an amount denominated in Japanese Yen equals one-tenth of a percent (0.1%) of the amount held by the borrower in the form of service fees at the time of the withdrawal. Drawing carried out by the Fund under this procedure will be achieved as a result of the receipt by the Fund of the receipt for payment of the service fee charged by the borrower.
(b) an amount equal to this service fee will be covered from the amount of the loan, and will pay this amount by itself immediately in the form of service fees at the time of the withdrawal by the borrower. This ready availability of the amount of the loan will constitute a valid obligation legally to the borrower under the terms and conditions of the loan agreement.
5. The amount appearing on the application for repayment shall be expressed in Japanese yen.
6. Form OECF-SSP here side by side will be replaced by OECF-SSF Form joined the REPAYMENT PROCEDURE.
┌──────────────────────────────────────────────────────────────────────────────┐
│ SITUAŢIA PLĂŢILOR EFECTUATE (FORMULAR OECF-SSP) │
├──────────────────────────────────────────────────────────────────────────────┤
│ Data: │
│ Seria │
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│Subsemnatul certific faptul că Furnizorul(i) şi bunurile şi/sau serviciile │
│menţionate mai sus sunt eligibile în cadrul Acordului de Împrumut │
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│Nota pentru 4. The nationality of the supplier: the supplier Country ││ is recorded. │
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│ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│Nota pentru 6. Categoria: Categoria descrisă în Secţiunea 1 a Anexei 2 │
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│Nota pentru 10. 13. payment: Amount: unless stated in Japanese yen, estab-liţi │ │ both amounts in the currency in which the payment was made by the vendor, and the amounts of processed ││ calculated in accordance with point 3. of the REIMBURSEMENT PROCEDURE │ │ │

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│Nota pentru 11. Nature of payment: initial payment, installment payment or the final payment at ││, etc. │
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│Nota pentru 12. Acquisition method: Establish the reasons for choosing other methods than ││ international competitive tenders │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ │ │ ┤ │ │ │ │ │ │ │ │ │ │ │ │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ │ ┤ Note for 14. The withdrawal rate: rate Amount financed from the amount to be paid, expressed in ││ currency in which payment has been made by the supplier in │ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ │ │ ┤ │ │ │ │ │ │ │ │ │ │ │ │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ to you ─ ─ ─ ─ ─ ─ ─ ─ ─ to you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ to you ─ ─ ─ ─ ─ ─ ─ ─ ─ to you you ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ¥ │ │ ┤ │ │ │ │ │ │ │ │ │ │ │ │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ │ │ ┤ authorized signature └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ REPAYMENT PROCEDURE 1. This procedure should be followed where they were already made, eligible expenditure for financing by the Fund. The borrower will be required to reimburse the Fund an amount which does not exceed the amount actually paid by the buyer, by sending a request for reimbursement from the Fund in accordance with the attached Form OECF-RFR. In principle, each application will be accompanied by the following documents: (a) the list of payments, in accordance with OECF-form SSP (b) the accompanying documents that highlight each and use them, as stipulated in the loan agreement.
2. where the Fund finds that the application for refund is justified and in accordance with the provisions of the loan agreement, the Fund, upon receipt of the Loan of an amount equal to one-tenth of a percent (0.1%) of the amount to be refunded as service fee, reimbursement will be made in Japanese yen. Reimbursement will be made within 15 working days of receipt of the application by paying the non-resident's account of the borrower, the yen which will be opened in advance at a bank authorized to conduct foreign exchange in Tokyo, as will be set out in the loan agreement, in accordance with Japanese laws and regulations in this area.
3. When the currency used for the payment to the vendor is not Japanese yen, the amount stated in the request for Reimbursement will be expressed in either Japanese Yen at the exchange rate to convert T/T purchase quoted by a bank authorised to conduct foreign exchange business in the territory of the borrower, as stated in the loan agreement, on the date immediately preceding the day on which the application was made for reimbursement either in a currency other than Japanese yen. In the first case, the amount paid in foreign currency and the exchange rate used for converting the Japanese yen will be included in the list of payments set out in form-OECF SSP. In the second case, the currency that can be used for Application will be stipulated in the loan agreement and repayment amount in Japanese yen will be calculated at the exchange rate T/T for sale priced at a bank authorized to conduct foreign exchange in Tokyo with two working days before the day when the reimbursement.
Form: OECF-RFR application for refund date: loan agreement No.: serial No.: by: International economic cooperation fund Tokyo, Japan: Executive Director, Department of Loans gentlemen: 1. As a result of loan agreement No. dated between International Economic Cooperation Fund (hereinafter "the Fund") and lent, the undersigned hereby requests reimbursement, in accordance with the loan agreement, an amount of. (IE) for reimbursement of payments described in the list annexed hereto.
2. The undersigned has never asked before that repayment of any Loan amounts for credit or expenditures described in the attached list. The undersigned has not obtained and will not get the funds for this purpose from a goaltender from another loan, credit or grant available except my loans, or short-term loans, if any, concluded before the reimbursement requested here and to be repaid pro tanto of the funds refunded-in accordance with this request, and any fees or interest paid or payable in accordance with such short-term credit are not included in the amount to be requested here refunded.
3. I, the undersigned, certify that: (a) expenditure considered here) as redeemable, have been made for the purposes specified in the loan agreement;
  

b) goods and services purchased for which these expenditures were made, were purchased in accordance with the procedures of the applicable purchase agreed with the Fund as a result of the loan agreement and the terms of that acquisition costs are reasonable;
  

c) goods and services are or will be provided by the supplier (s) specified in the attached list (s) and have been or will be produced in (or, in the case of services, provided by) the source country (the Netherlands) eligible for the loan from the Fund.
  

4. Please repay the amount requested under this application through payment on behalf of the non-resident yen (borrower's account) at the (name and address of the Bank authorized to conduct foreign exchange in Tokyo).
5. This application consists of (number) of pages and numbered lists () and signed, with the accompanying documents).
Yours, (name of Borrower) (authorized signature) Form OECF-SSP payments List date: No. ┌ series: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ┐ │ 1. │ 2. │ 3. │ 4.* │ 5.** │ 6. │ 7. │ │ 8.9. * │ 10. * │ 11 * * │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ Tran-Cum-│ │-Fur-your national │ │ Descri-Times-│ │ give Su-Su-Na │ │-│-│ │ Meto zac │ │-until-we-│ │ │ it was Lenny-gi-│ │ │ ta me I give you │ │-│ │ │ │ Association r-zor │ │ │ │ tea us │ │ │ │ │ │ │ ra tor │ │ │-goods │ │ │ con-pie-Apple Pie-│ │ │ │ │ │ │ of │ │ │-correct their │ │ │-trac keep keep │ │ │-│ pie │ │ │ │ │-│ zoru ment │ │ │ organizations │ │ │-│ the │ │ │ and/or his │ │ │ │ │ │ │ │ │ chi │ │ │ │ │ │ │ │ │ │ │-│ │ │ │ │ │ │ serve │ │ │ │ │ to thee │ │ │ │ ciilor │ │ │ │ │ │ │
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│ 1. │ │ │ │ │ │ │ │ │ │ │
│ 2. │ │ │ │ │ │ │ │ │ │ │
│ 3. │ │ │ │ │ │ │ │ │ │ │
│ 4. │ │ │ │ │ │ │ │ │ │ │
│ . │ │ │ │ │ │ │ │ │ │ │
│ . │ │ │ │ │ │ │ │ │ │ │
│ . │ │ │ │ │ │ │ │ │ │ │
│ . │ │ │ │ │ │ │ │ │ │ │
│ . │ │ │ │ │ │ │ │ │ │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ ─ ─ to you ─ ─ ─ ─ ─ ─ ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ TOTAL │ │ │ │ │ │ │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ┴ ¥ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ┘ Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ the undersigned certifies that the supplier (s) and the goods and/or services declared above are eligible under the loan Agreement.

* Note 4. The nationality of the supplier: the supplier country registered * note for 5. Description of the goods and/or services: in the case of commercial credit, use Code SITC (Rev. 2).

Note for 9. The sum of payment: if it is not expressed in Japanese yen, declared both amount in the currency in which the payment was made to the vendor and the agreed amount calculated in accordance with point 3. the procedure of refund and exchange rate.

Note for 10. Nature of payment: payment, installment payment or final payment etc.

Note to 11. Method of acquisition: If you choose to declare the reasons other than international competitive tender.

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Authorized signature annex 7 PROCEDURE of TRANSFER Transfer Procedure laid down in this document shall be applied in case of fire for payments to be made by a supplier (s) from Romania and from a country (i) eligible source (s) (s) (other) than Romania with respect to the portion of the contract, expressed in the currency of Romania.
Authorized bank for currency exchange in Tokyo, everywhere is referred to in this annex, will be The Bank of Tokyo-Mitsubishi Ltd., Tokyo (hereinafter referred to as ' the Bank effects payment ").
Authorized bank for foreign exchange in the territory of the borrower referred to in this Annex will be Banca Naţională a României (hereinafter "National Bank").
1. application (1) where a Borrower is receiving Requests for payment from the supplier through its Executing Agency (as in the form annexed hereto for the ACK), the borrower will be required to take a paid leave Fund in an amount that does not exceed the amount actually requested by the Fund Provider by sending demand shooting in accordance with the form attached hereto TRF. Each application for drawing will be signed by the borrower and will be accompanied by the following documents:
  


(a) the list of payments as in the TRF-SSP annexed to the present document (b) a copy of the transfer instructions sent to the National Bank as in the attached Form T1-OECF (c) Requests for payment showing the amount to be paid to the supplier (s), as the CFP (d) the following supporting documents that highlight each pay period and its use: (i) to pay suppliers for dispatch/transport of goods and/or services-letter of Bill of lading or other documents that highlight the dispatch/transport of goods listed on the invoice;
(ii) for the payment of consultancy services-application consultants indicating, in sufficient detail, the service provided, the period of the provision and the amount to be paid by them;
(iii) payments made under contracts for civil works-● application or invoice to the contractor, in sufficient detail, the work submitted by the contractor and the amount requested for this;
● a certificate stating that the work performed by the contractor is satisfactory and in accordance with the terms of the relevant contract. Such a certificate will be signed by the officer or chief engineer of the project Executing Agency appointed for the project.

(2) the amount declared in the application for drawing will be stated in Japanese yen, converted at the exchange rate at T/T purchase quoted by the National Bank on the date immediately preceding the day on which the application is made. The amount will be paid in the currency and the exchange rate used for the conversion of Japanese yenilor will be described in the list of payments as in the TRF-SSP along with proof of such an Exchange.
  

(3) when an application sends the borrower Fund, the borrower will send National Bank transfer Instructions (like in the form T1-OECF) accompanied by a copy of the application and payment applications.
  

2. Pulling (1) When an application for Fund believes in order and in accordance with the provisions of the loan agreement, the Fund, having received an amount equal to one-tenth of a percent (0.1%) of the amount to be drawn, as the service fee paid by the borrower, will make layoffs in Japanese yen. Layoffs will be carried out in fifteen (15) working days of receipt of the application by paying on behalf of non-resident yen of the National Bank, which will be open in advance from the Bank making the payment, in accordance with relevant laws and regulations.
  

(2) an amount equal to such a Commission will be financed from the proceeds of the loan and Fund will immediately pay any such amount as fee for service from the date of dismissal made by the Borrower. Such a ready availability of the amounts of the loan will constitute a valid and firm obligation to the borrower under the terms and conditions of the loan agreement.
  

3. payment to the vendor.
Once the loan amounts made available by the Fund have been credited to the account of the non-resident Yen National Bank mentioned in paragraph 2 above and the National Bank receives confirmation from telegraphic Bank effects payment, the National Bank will immediately change the amount credited in the currency of Romania and will transfer the amount actually requested by the supplier via payment applications on behalf of the Supplier at supplier's Bank in accordance with the instructions.
4. Delegation of authority (1) the borrower shall designate in this document the National Bank as its agent for the purpose of undertaking any action or concluding any agreement required or permitted in accordance with this procedure.
  

(2) any action taken or agreement entered into by the National Bank as a result of the authority conferred upon the National Bank will be fully binding on the borrower and will have the same force and effect as if it had been carried out by the borrower.
  

(3) the authority conferred upon the National Bank may be revoked or amended by an agreement between the borrower and the Fund.
  

5. The borrower will make arrangement for the necessary steps to ensure that the National Bank to enter into the arrangement with Bank effects payment arrangement, which should contain the following, in accordance with the authorization granted to the National Bank set to 4. above: (a) the use of non-resident account in yen of the National Bank opened the Bank effects payment for layoffs made in accordance with the procedure of the transfer.
(b) the fact that immediately after the discharge of the Fund has been credited to the account of the non-resident Yen National Bank referred to in paragraph 2. above, the Bank effects payment will confirm the Telegraph National Bank to grant dismissal by the Fund.
6. the Fund shall not be liable for any loss suffered by the borrower and/or the Supplier (s) due to any differences between the exchange rates to be used for currency conversion in Japanese yenilor used for actual payment to the vendor (s) at the time of transfer and exchange rates that will be used to convert the currency used for actual payment to the vendor (s) into Japanese Yen at the time of the lottery draw.
(Form CFP)
Payment application date: Loan No.: ROM-P1 recipient: name and address of the borrower under this document will present the request for execution of the work, with the following content: 1. Contract No. date: 2. Notification of Contract No. and the date (if any): 3. The description of goods and services made: 4. Amount requested: 5. the aggregate Amount payable: 6. Total amount (4 + 5): Please pay the amount requested in section 4. above in our account, detailed as follows: (i) the account number Bank name (ii) (iii) the full address of the Bank (iv) telegraphic address (provider name) (signature) (TRF Form) application for drawing date: Loan No.: ROM-P1 Series application No.: recipient: FUND FOR ECONOMIC COOPERATION with Japan In Tokyo on FOREIGN EXCHANGE, attention: Executive Director, Operational Department III ladies and gentlemen: 1. As a result of loan agreement No. ROM-P1 dated February 27, 1998 between the FUND FOR ECONOMIC COOPERATION with FOREIGN EXCHANGE (hereinafter "the Fund") and the undersigned shall request by Romania, this document must be in accordance with the loan agreement for the amount mentioned. Japanese yen (i.e. JYP) for payment of the costs described in the list annexed hereto.
2. The undersigned has not requested previously by dismissing any Loan amounts for the purposes of expenditures described in the list.
The undersigned has not obtained and will not get funds from the proceeds of a loan or other loan, non-refundable credit available to the undersigned.
3. The undersigned certifies that: (a) expenses described in the list will be carried out for the purposes specified in the loan agreement;
(b) the goods and services in respect of which such expenses were purchased in accordance with the procedures of the applicable purchase agreed with regard to the Fund as a result of loan agreement and the purchase terms and cost are reasonable;
(c) the goods and services referred to are or will be provided by the supplier (s) specified in the annex and are or will be produced in (or, in the case of services supplied from) the land (i) source (s) (s) eligible for loans from the Fund.
4. Please make the amount applied for herein by non-resident account payment in yen of the National Bank of Romania opened at Bank of Tokyo-Mitsubishi, Ltd., Tokyo.
5. This application consists of pages and lists and numbered.
Your order: (loan) (authorized signature) (form T1-OECF) transfer Instructions date: Loan No.: ROM-P1 Series No.: recipient: National Bank of Romania After the receipt of the withdrawal from the Fund as a result of the application of our drawing no. .. dated, this document request the change of the amount drawn in the currency of Romania and transfer the amount actually requested by the supplier on behalf of the respective supplier's Supplier opened with the Bank as specified in the application for payment no. dated a. .. .
(Name and address of the borrower)
(signature) attached application for drawing payment application (form TRF-SSP) List payments Date: series no: ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package versions package ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ 1. │ 2. │ 3. │ 4. │ 5. │ 6. │ 7. │ 8. │ 9. │ 10. │ 11. │ 12. │ │ 13.14. │ │ │ 15. Tran-│ Nr. │ How │ │-Fuer-Naţi-│ │-│-│-│ C │ Su-Su-Na │ │-│-│ Su-Ra-│ │ │-│ until zac-│ │-ni-ona │ │ dismissed you │ │ │-ri me ma u tu-│ │ │ │ │-│ │ me your │ │ Association for war-│ │ │-Richard Laflamme was │ │-│-│ gi r │ │ │ │ │ ra da │ │ │ │ │ │ │ tor tea │ │ │ ria nea │ │-Con s Apple Pie-│ │ │ what │ │ │-│ of re-│ │ │ │ │ │ │ Bajaj-trac │ │ │ u keep Apple Pie-│ │ │ of ru-││ │ fe │ │-│-│ │ Fur s 2 * │ │ │ │-l * 3) │ organizations │ │ │ │ swept early ││ │ │-│-│ │ nizo │ │ │ │ │ │ his a-po-│ │ │ │ │ │ │ │, ru-│ │ │/│ │ │ │ │-chi-pen │ │ │ │ │ us │ │ │ │ │ │ or his │ │ │ │ │-lu-│ │ │-tru │ │ │ │ │ of * 1) │ │ │ │ │ │ │ │ tar you │ │ │ │-│ │ │ │ │ser- │ │ │ │ │ │ │ *5)│fi- │za- │
│ │OECF│ │ │ │vi- │ │ │ │ │ │ │ │nan-│re │
│ │ │ │ │ │cii- │ │ │ │ │ │ │ │ţa- │ │
│ │ │ │ │ │lor │ │ │ │ │ │ │ │re │ *6)│
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│ 1 │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ 2 │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ 3 │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ 4 │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│Total│ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ Subsemnatul certifică faptul că Furnizorul (Furnizorii) bunuri şi/sau servi- │
│ project above declared eligible under the loan Agreement. │
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│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│*1) Nota pentru 4. The nationality of the supplier: the supplier Country is ││ registered and has its principal place of business. │ │ * 2) Note 6. Category: the category described in section 1. Annex 2. │ │ * 3) Note for 10. 13 the amount of payment: if it is not expressed in Japanese Yen ││ declared both the amount expressed in the currency in which the payment was made and the amount (amounts) │ │ calculated in accordance with 1. (2) Annex 7, the Transfer Procedure as ││ currency course (courses) (e). │ │ * 4) Note for 11. Payment method: cash Payment, payment in installments or payment ││ finally etc. │ │ * 5) Note for 12. Acquisition method: reasons for the choice of those declared │ │ other methods than the international competitive tender. │ │ * 6) Note for 14. Firing rate: the ratio between the amount requested for funding-││ grammes and the amount of the payment in the currency in which the payment was made to the vendor. │
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│ │ │ │ │ │ │ │ │ │Pentru: │ │ │ │ │
│ │ │ │ │ │ │ │ │ │ │ │ │ │ │
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│ Semnătura Autorizată │
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