Decree No. 2011-1113 of 5 August 2011
Fixing the rates and procedures for the recovery, use and management of the levy
Development of airport infrastructure.

PRESENTATION REPORT

As part of the implementation of the Government's major projects, the State of Senegal has decided to build a new international airport located in Diass, known as the Blaise Diagne International Airport to better meet the current requirements of the Air transport and Senegal's ambition to position Dakar as the main airport hub for the sub-region.

To this end, the private law company International Airport Blaise Diagne was created with the social capital initially majority owned (55 %) by private investors and 45 %
By the State.

To finance this project, the airport infrastructure development fee (RDIA) has been established since 28 February 2005. The RDIA is levied on passengers using airfields open to the public in Senegal.

The RDIA exclusively finances the design, construction, maintenance and development of the new airport.

It must remain in force during the period of repayment of the funding provided for the abovementioned infrastructure.

The establishment of this fee, which is in accordance with the International Civil Aviation Organization (ICAO) document n ° 9082 /6-7, in particular Articles 22 and 24, has required the adoption of an order pursuant to Article 6 of the Act No. 2001-09 of 15 October 2001 on the Organic Law on Finance Laws and the Civil Aviation Code of Senegal. The RDIA was therefore created by Decree No. 2005-138 of 28 February 2005.

In order to allow the perception of the RDIA beyond 31 December 2005, the Civil Aviation Code has been amended by Act No. 2005-27 of 26 August 2005 and a new article 91 bis relating to the RDIA has been incorporated.

It provides that the rate and manner of invoicing, collection, use and management of the RDIA shall be fixed by decree taken on the joint report of the Minister for Finance and the Minister responsible for Civil Aviation.

Between 2005 and 2008, several decrees were made to clarify the decree establishing the RDIA and to set the rates and procedures for invoicing, use and management of the Infrastructure Development Royalty (RDIA).

These are the following orders:

-2005-138 of 28 February 2005;

-2005-1021 of 24 October 2005;

-2005-1257 of 26 December 2005;

-2007-548 of 26 October 2007;

-2008-1345 of 21 November 2008.

In addition, since 1 January 2011, the amount of the RDIA international initially of 30 €, then € 45 has increased to 54 € following the entry into force of Decree No. 2008-1345 of 21 November 2008. However, the increase of € 9 does not affect the price of the plane ticket as it results from the transfer of part of the passenger fee, invoiced by the Agency of Airports
Of Senegal (ADS) and used to finance the necessary investments in upgrading the current airport.

In order to take account of the changes in the institutional framework of the AIBD with a legal status which has gone from an anonymous company to a majority private shareholding company, a public shareholding company, it has been decided to take a decree that Consolidates and updates the previous provisions of the various decrees issued between 2005 and 2008. This new Order will clarify the billing, collection and collection procedures of the RDIA, in order to secure the terms and conditions of its use and management, while simplifying the existing regulations.

Indeed, the RDIA is exclusively earmarked for the reimbursement of all amounts due in principal, interest, commissions and others in respect of financial assistance awarded to all financial institutions for the purposes of financing The design, construction, maintenance and development of the new Blaise Diagne International Airport until the full refund of the sums due.

This is the economy of this draft decree.

The President of the Republic,

Having regard to the Constitution;

In view of the Chicago Convention of 07 December 1944 on the International Civil Aviation;

In view of document No. 9082 6-7 on the policy of the International Civil Aviation Organization (ICAO), in particular Articles 22, 24, 30 and 32;

In view of Act No. 2001-09 of 15 October 2001 on the Organic Law on Laws of Finance;

In view of Law No. 2002-31 of 24 December 2002 on the Code
Civil Aviation, as amended by Act No. 2005-27 of 26 August
2005;

Given the law n ° 2009-05 of 9 January 2009 authorizing the taking
The majority participation of the State in the Société anonyme called Aéroport International Blaise Diagne Société anonyme " AIBD-SA ", specifying the terms and conditions for the assignment of the Aeroportuary Infrastructure Development Royalty and the authorization of the lien;

In view of Decree No. 2005-138 of 28 February 2005
Creation of a fee for the development of airport infrastructure;

In view of Decree No. 2005-1021 of 24 October 2005 fixing the rate and arrangements for invoicing, recovery, use and management of the airport infrastructure development charge;

In view of Decree No. 2005-1257 of 26 December 2005 laying down the procedures for the use of resources for the financing of the International Airport Blaise Diagne de Ndiass and prescribing the production and dissemination of information on the course The project;

Having regard to Decree No. 2007-548 of 26 April 2007 amending Article 4 of Decree No. 2005-1021 of 24 October 2005 fixing the rate and
Arrangements for invoicing, recovery, use and management of the airport infrastructure development charge;

In view of Decree No. 2008-1345 of 21 November 2008 laying down the rates and terms of use of the charge for the use of the common works and premises used for the boarding, deplaning and reception of passengers on the aerodromes of the Senegal;

In view of Decree No. 2009-451 of 30 April 2009 appointing the Prime Minister;

In view of Decree No. 2011-628 of 16 May 2001 fixing the composition of the Government, as amended by Decree No. 2011-1019 of 25 July 2011 on the appointment of a Minister;

In view of Decree 2011-1045 of 26 July 2011 amending Decree No. 2011-634 of 17 May 2011 on the distribution of the services of the State and the control of public institutions, national companies and public participation companies between the Presidency of the Republic, the Primatory and the ministries;

Decline:

Article 1. - This Order repeals
And replaces Decree No. 2005-138 of 28 February
2005, Decree No. 2005-1021 of 24 October 2005, Decree No. 2005-1257 of 26 December 2005, Decree No. 2007-548 of 26 October 2007 and the Decree
N ° 2008-1345 of 21 November 2008.

Art. 2. A fee was set up as from 1 April 2005. Airport infrastructure development fee (RDIA) ". The RDIA exclusively finances the design, construction, maintenance and development of the new Blaise Diagne International Airport.

Article 3. - The RDIA is the result of a passenger from a public air transport company, embedded in the airfields of Senegal. To this end, the amount of the RDIA is included in the price of the air ticket of the public air transport undertaking.

Article 4. - The RDIA is based on the number of passengers on board the airfields in Senegal, regardless of the tariff conditions granted by the carrier.

Article 5. - The rate of the RDIA applicable to each passenger is based on the destination of the passenger concerned.

Passengers on board an aerodrome on the territory of Senegal for a direct flight whose arrival point is located in the territory of Senegal (the
" National Passengers ") Fall within the category " RDIA Nationale ".

Passengers on board an aerodrome in the territory of Senegal for any other destination (the " International Passengers ") Fall within the category " International RDIA ".

The rates per category are as follows:

The above rates are applied as of January 1, 2011.

The royalty rates set in the table
Above may be increased by decree taken on the joint report of the Minister in charge of Finance and the Minister responsible for Civil Aviation, in particular in the event that the amount of the RDIA is not sufficient to comply with the Commitments made in respect of financial institutions referred to in Article 6.

Except as granted by the Minister in charge of Finance, the RDIA can be invoiced and paid only in Euros, with the exception of the RDIA payable in cash which is invoiced in Euros and can be paid in the CFA francs equivalent.

Article 6. - The RDIA is exclusively dedicated to the reimbursement of all amounts due in principal, interest, commissions and other financial assistance awarded to all financial institutions for the purposes of financing the The design, construction, maintenance and development of the new international airport Blaise Diagne, until the full refund of the sums due. As such, the State of Senegal has the exclusive right to grant any security interest in the claims and proceeds resulting from the payment of the RDIA to the abovementioned financial institutions in order to guarantee the repayment of the sums owed to them In respect of these financial competitions.

Art. 7. - The limited company named " Blaise Diagne International Airport " (AIBD SA), a concessionaire in charge of the design, construction, operation, maintenance and development of the new airport Blaise Diagne, is responsible for a general management and administration mission of the Collection, collection, collection and transfer of the RDIA, on behalf of the State of Senegal, in the exclusive framework of the financing of the new international airport Blaise Diagne, with a view to the repayment of all sums due by AIBD SA to the The financial assistance referred to in the preceding paragraph, in particular under the agreement (s) of Collection referred to in Article 8. This mission shall terminate at the normal or anticipated term of the concession contract, without prejudice to the maintenance of the allocation of the RDIA to the reimbursement of the financial assistance referred to in the preceding paragraph if the financial institutions concerned have not Still fully repaid on that date, notwithstanding the term of the concession contract concluded with AIBD SA or the dissolution of AIBD SA.

Art. 8. The invoicing, collection and collection of the RDIA are entrusted to entities recognised for their competence in this field and offering all
The guarantees necessary for the tasks assigned to them. The invoicing, collection and collection of the RDIA are carried out on behalf of the State of Senegal in the exclusive framework of the financing of the new international airport Blaise Diagne and in accordance with the terms of agreement (s) of collection concluded between In particular the State of Senegal, AIBD SA and the said collecting bodies.

These collecting entities are obliged to provide, to AIBD SA, who will forward it to the Minister for Finance within one month of the end of the month, a monthly report containing all the relevant information:

-the amount of the RDIA collected by the collecting entity on behalf of the State of Senegal the previous month and in cumulation since 1 April 2005;

-the amount of the funds transferred to AIBD SA, the State or any other party, the previous month and since the beginning of the transfers;

-and the funds held by the collecting entity.

Article 9. - Any public transport undertaking which fails to include the RDIA in the price of the air ticket and/or to transfer the RDIA within the time limits prescribed by the collection agreement shall be subject to a penalty equal to 5 % per annum applicable pro rata Temporis, the amount of the RDIA not included in the plane ticket and/or not transferred, without prejudice to the obligation of immediate payment of the full amount of the RDIA and without prejudice to any sanctions provided for in the Aviation Code Civil.

Article 10. - The products resulting from the payments of the RDIA will be transferred to the credit of an account opened in the name of a commercial bank (the depositary bank) under the conditions laid down by a convention for the deposit of assigned species granted by the State of Senegal in favour of financial institutions. The amounts shown on the said account shall be exclusively for the reimbursement of credits and may be withdrawn only for the service of such credits.

The contract for the deposit of cash with the depositary bank includes the following clauses:

-the funds deposited in the account are exclusively for the repayment of the loan
Contracted by AIBD SA for project funding. They may be withdrawn only for the purpose of servicing the loan;

-the depositary bank shall forward before the end of each calendar month a report to AIBD SA which will forward it to the Minister for Finance, containing all information on:

-the amounts deposited in the account, as well as interest accrued in the previous month and since the opening of the account;

-details of the administrative and banking charges deducted;

-transactions carried out on the account the previous month and in accumulation since the opening of the account, presented by reason, nature of the transaction and beneficiaries;

-the balance of the account after accounting for transactions.

Article 11. - The reports provided by the collecting entity responsible for invoicing and collection of the RDIA and the depositary bank shall be published within 15 days by the Ministry of Finance on its website.

Article 12. - The Minister responsible for the monitoring of the implementation of the construction of the airport attests, on a semi-annual basis, to the proper conduct of the construction of the airport, in order to ensure that the use of the funds resulting from the loan Is consistent with job execution. In the event of a halt to construction or significant discrepancies between the disbursements and the level of progress of the work, the Minister responsible for monitoring the implementation of the construction of the airport must instruct the AIBD to suspend the withdrawals The account that received the proceeds of the loan.

Article 13. - The Minister responsible for Finance and the Minister responsible for the Civil Aviation shall each be responsible for the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, August 5, 2011.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Souleymane NDene NDIAYE