Decree No. 2015 - 1353 08 September 2015

Original Language Title: Décret n° 2015-1353 du 08 septembre 2015

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Prime Minister Decree No. 2015-1353 08 September 2015 Decree No. 2015-1353 08 September 2015 dissolving of the Millennium Challenge Account - Senegal 'MCA-Senegal' report of PRESENTATION in accordance with the agreement dated September 16, 2009, concluded in Washington, the Government of the United States of America, acting by the Millennium Challenge Corporation (MCC), had granted to the Government of Senegal donate up to a maximum of five hundred and forty million US $ (540 000 000 $US) to help Senegal to implement a program to reduce poverty through economic growth.

For the management of the Programme of the Compact, it has been established, by Decree n ° 2009 - 1447 on December 30, 2009, the Millennium Challenge Account - Senegal 'MCA-Senegal', an autonomous legal entity, with legal personality and financial autonomy administratively attached to the Prime Minister's Office.

The Compact entered into force on September 23, 2010, times out September 23, 2015, in accordance with section 7.4 which provides that the Millennium Challenge Compact shall remain in force for five years after the date of its entry into force.

The present draft decree is mainly designed to officially dedicate the dissolution of the entity MCA-Senegal and to organize the devolution of the achievements of the Programme to ensure sustainability, it was the result of a consensus with the United States side, the Millennium Challenge Corporation (MCC) and was the subject of an approval by the Supervisory Board of MCA - Senegal.

The closure activities of program must be completed no later than January 21, 2016, in accordance with the closure plan of the programme approved by the CMC, the Supervisory Board of MCA - Senegal and Minister of economy, finance and planning, in quality of representative principal of the Government.

All of the assets of the programme and the rights of salaried staff of MCA-Senegal will be liquidated according to the procedures laid down in the plan of closure of the programme.

In this regard, the Agency works and management of roads (AGEROUTE-Senegal) will inherit the rehabilitation project roads while national society development and Exploitation of the lands of the Delta of the Senegal River and the valleys of the Senegal River and the Faleme (SAED) will follow up the project of irrigation and water resources management to support the management and administrative responsibility technical and financial contracts and contracts y related and, if necessary, ensure the completion of the work.

The draft decree also organizes the continuation of monitoring and assessment as well as monitoring the implementation implementing the measures related to the environment, hygiene, health, safety and the post-Compact kind.

Such is the economy of the draft decree.

The President of the Republic, pursuant to the Constitution;
Pursuant to law No. 2009-32, 02 December 2009 authorising the President of the Republic to ratify the Millennium Challenge Compact between the Republic of Senegal and the United States of America, acting through the Millennium Challenge Corporation, signed at Washington, D.C., September 16, 2009);
Having regard to Act No. 81 - 57, July 10, 1981 creating national society development and Exploitation of the lands of the Delta of the Senegal River and the valleys of the Senegal River and the Faleme (CADEX);
Mindful of Decree No. 2010-430 of April 1, 2010 instituting and establishing the rules of organization and functioning of the Agency of works and management of roads Senegal (AGEROUTE SENEGAL);
Having regard to Decree No. 2014 - 845 06 July 2014 appointing the Prime Minister;
Mindful of Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2015-299 06 March 2015.
Considering Decree No. 20 15-855 of 22 June 2015 on the composition of the Government.

The report of the Prime Minister, decreed: Article 1. -The program of the Millennium Challenge Account Senegal (MCA - Senegal) ends on September 23, 2015 and the MCA-Senegal entity is dissolved effective September 24, 2015.

However, the entity will remain for the purpose of the closure of the Programme which will be completed no later than January 21, 2016.
During this period of closure, it will continue its role of supervision of the work carried out until September 23, 2015 and validation of counts y related.

S. 2 - achievements or current Director, the rights, obligations and responsibilities, contracts, guarantees, documents and other assets of the programme will be transferred and the rights of salaried staff determined according to the procedures laid down by the closure plan of the programme approved by the Millennium Challenge Corporation (MCC).

S. 3. - subject to the right of supervision of MCA-Senegal on the work carried out until September 23, 2015, national development and Exploitation of the lands of the Delta of the Senegal River and the valleys of the Senegal River and the Faleme (SAED) is responsible for the management of the works, facilities and installations and is subrogated to all rights, obligations, responsibilities and guarantees to the title markets contracts or other agreements signed with MCA-Senegal in the context of the implementation of the project irrigation and water resources management.

S. 4. - subject to the right of supervision of MCA-Senegal on the work carried out until September 23, 2015, the Agency of works and management of roads Senegal (AGEROUTE Senegal) is responsible for the management of the works, achievements and facilities and is subrogated to all rights, obligations, responsibilities and guarantees in respect of contracts, contracts or other agreements signed with MCA-Senegal within the framework of the project of Rehabilitation of roads.

S. 5 - the CADEX, for irrigation and water resources management project, and AGEROUTE Senegal, for the project of Rehabilitation of roads, provide management and administrative, technical and financial responsibility on contracts and contracts relating to projects and not completed or closed September 23, 2015, proceed to the finalization of the residual work, implement environmental and social measures and ensure to the follow-up , the operation, maintenance and sustainability of all achievements.

They ensure, in addition, the follow-up and the evaluation of the achievements of the projects in relation to the relevant departments, including the national agency of statistics and demographics (ANSD) Directorate of analysis, forecasting of agricultural statistics (DAPSA) of the Ministry of Agriculture, and the Direction of transport road (DTR) of the Ministry of infrastructure, with the involvement, as appropriate the private sector and organizations of civil society, each in its field of competence.

S. 6 - the Directorate of environment and classified institutions (DEEC) ensures the follow-up of the implementation of measures related to the environment, hygiene, health, safety and the kind, in collaboration with the AGEROUTE and the SAED.

S. 7 - is repealed Decree No. 2009 - 1447 of 30 December 2009 establishing and laying down the rules of organisation and operation of the MCA-Senegal.

S. 8. - the Minister of Foreign Affairs and Senegalese living abroad, the Minister of economy, finance and the Plan, the Minister of Agriculture and rural equipment, the Minister of infrastructure, land transport and the opening-up and the Minister of the environment and sustainable development are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, 08 September 2015 Macky SALL.
By the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE.