Manque page V
C
-
Sonite
Paraissant
Le Lundi et le Jeudi
JOURNAL OFFICIEL DE LA REPUBLIQUE D'HAITI
Directeur
Serge
138èmc Année No. 41-A,
PETIT-FRERE
AN XXVIe. DE LA REVOLUTION
DUVALIERISTE
Jeudi 23 juin 1983
Sur le rapport du Secrétaire d'Etat des
SOMMAIRE
Etrangères et des Cultes;
Affaires
tier Décret effet, sanctionnant, trois
pour sortir leur plein et enEt après délibération en
projet de
(3) Accords de Crédit relatifs au
d'Etat;
conseil des Secrétaires
République Développement d'Haiti et urbain passés entre la
nale de Developpement l'Association Internatioannexé,
Texte des Accords y
DECRETE:
Secrétairerie trie
d'Etat du Commerce et de l'IndusArticle 1.- Sont et
Extraits du Registre des Marques de
sortir leur plein ct entier demcurent sanctionnés pour
brique et de Commerce. Falatifs au projet de
effet, les accords de crédit reAvis
de dix neuf millions Developpement quatre
Urbain pour un montant
Erratum
ciaux (DIS
cent mille droits de tirage spémars 1983 entre 19.400.000.00) la République signés à Washington D.C. le 31
sieur Fritz Cinéas, Ambassadeur d'Haiti, représenté par Monment autorisé et lAssociation d'Haiti à Washington. dûpement, représentée
Internationale de DévelopDECRET
Président Régional par Monsieur Ardito Barletta, Vicepour l'Amérique Latine et la Caraibe. JEAN-CLAUDE DUVALIER
PRESIDENT A VIE DE LA REPUBLIQUE
Article 2. Le
Vu les articles 49, 68, 80, 90, 93,
de Crédit de
montant retiré de ces Accords
de la Constitution;
106, 108 et 197
marché de la Développement Croix des Bossales, servira à la réhabilitation du
à
services au Cap-Haitien, aux
Timplantation de sites et
Vu le Décret de la Chambre
Prince), au
Cayes et à Linto II (Port-au21 septembre 1982
Législative en date du
blique de renforcement institutionnel de
Pouvoir Exécutif octroyant Pleins Pouvoirs au Chef du
promotion de logements sociaux, T'Entreprise pudeuxième
pour Lui permettre de prendre
renforcement institutionnel de la
(EPPLS) et au
lundi d'avril 1983 Décrets
jusqu'au
tion des marchés de
Société autonome de gesLois, toutes les mesures
par
ayant force de
conformément à Taire de Port-au-Prince
l'intégrité du territoire que nécessiteront la sauvegarde de
ment(
l'annexe 2 du Special Fund Credit (SAGMAP),
l'Etat, la consolidation national et de la souveraincté de
(SF-IHA). Agreede la stabilité
de l'ordre et de la paix, le maintien
économique et financière de la nation,
profondissement du bien-étre des populations
T'apArticle 3.-
baines, la défense des intérêts généraux de la rurales et ur
dispositions de lois, tous Le présent Décrets décret abroge toutes lois ou
Vu l'accord entre le
République;
tous Deerets-Lois ou
ou dispositions de Décrets
Banque Mondial sur le premier Gouvernement Haitien et la
sont contraires, et sera Dispositions de Décrets-Lois qui lui
Urbain signé à Washington le 31 projet de Développement
de Crédit et les annexes, publié et en méme temps que T'Accord
mars 1983;
taires d'Etat des Finances exécuté à la diligence des Secré.
lois ou
Vu l'accord entre le
République;
tous Deerets-Lois ou
ou dispositions de Décrets
Banque Mondial sur le premier Gouvernement Haitien et la
sont contraires, et sera Dispositions de Décrets-Lois qui lui
Urbain signé à Washington le 31 projet de Développement
de Crédit et les annexes, publié et en méme temps que T'Accord
mars 1983;
taires d'Etat des Finances exécuté à la diligence des Secré. cord Considérant qu'il convient de sanctionner
l'Intérieur et dc la Défense et des Affaires Economiques, de
susmentionné;
l'Acdu Plan et des Travaux Publics, Nationale, des Affaires Sociales,
ne. chacun en CC qui le concer-
No. 41-A - Jeudi 23 juin 1983
KLE MONITEUR>
II
Le Secrétaire d'Etat de la Présidence,
National à Port-au-Prince, le 4 avril
et des Relations Publiques
Donné au Palais
de l'Information. Jean Marie CHANOINE
1983, An 180ème de T'Indépendance.
DUVALIER
Le Secrétaire d'Etat des Mines
JEAN CLAUDE
et des Ressources Energétiques:
PAR LE PRESIDENT:
Finances
Claude MOMPOINT
Secrétaire d'Etat des
Le Secrétaire d'Etat de lAgriculture, rural:
Le ct des Affaires Economiques
des Ressources Naturelles et du Developpement
Frantz MERCERON
Nicot JULIEN
Le Secrétaire d'Etat de l'Intérieur
Le Secrétaire d'Etat de la Justice:
et de la Défense Nationale
Rodrigue CASIMIR Nationale:
Roger LAFONTANT Sociales
Le Secrétaire d'Etat de l'Education
Le Secrétaire d'Etat des Affaires
Franck ST. VICTOR et de l'Industrie:
Théodore ACHILLE
Le Secrétaire d'Etat du Commerce
Le Secrétaire d'Etat du Plan
Jacques B. SIMEON
Claude WEIL
Le Secrétaire d'Etat de la Santé Publique
Le Secrétaire d'Etat des Travaux Publics,
et de la Population:
Transports et Communications
Ary BORDES
Alix CINEAS
Cultes
Le Secrétaire d'Etat à laJeunesse et aux Sports:
Le Secrétaire d'Etat des Affaires Etrangères et des
Robert GERMAIN
Jean Robert ESTIME
Fund Credit Agreement
Special
(Urban Development Project)
between
REPUBLIC OF HAITI
and
INTERNATIONAL DEVELOPMENT ASSOCIATION
ADMINISTRATOR of the SPECIAL FUND
as
with funds contributed by
established
certain members of the
International Development Association
Peareh 31
Dated
SPECIAL FUND CREDIT AGREZKENT
Moarch 31
1983, between
AGREEMENT, dated
and INTERNATIONAL DEVELOPMENT
REPUBLIC OF HAITI (the Borrower)
Fund established with
of the Special
ASSOCIATION as ADMINISTRATOR
members of the International
funds contributed by certain
Development Association.
No. IDA 82-6, adopted on Octo
WHEREAS (A) by Resolution Directors of the International
ber 26, 1982, of the Executive
called IDA) there has been
Development Association (hereinafter
by the funds which
Fund constituted
established by IDA a Special
members of IDA and administered
shall be contributed by certain
and INTERNATIONAL DEVELOPMENT
REPUBLIC OF HAITI (the Borrower)
Fund established with
of the Special
ASSOCIATION as ADMINISTRATOR
members of the International
funds contributed by certain
Development Association.
No. IDA 82-6, adopted on Octo
WHEREAS (A) by Resolution Directors of the International
ber 26, 1982, of the Executive
called IDA) there has been
Development Association (hereinafter
by the funds which
Fund constituted
established by IDA a Special
members of IDA and administered
shall be contributed by certain
II
<LE MONITEUR>
No. 41-A - Jeudi 23 juin 1983
of such Special Fund, for the
by IDA, acting as Administrator with, the provisions of said
purpose of, and in accordance
Resolution;
for assisBorrower has requested the Administrator
of
(B) the
of the Special Fund in the financing the
tance from the resources Schedule 2 to this Agreement and
described in
would be in
the project
determined that such assistance
Administrator has
of the Resolution referred to
accordance with the provisions
above;
IDA to provide addi-
(C) the Borrower has also requested of the Project and by
tional assistance towards the financing between the Borrower and IDA
of even date herewith
IDA is
an agreement
the Development Credit Agreement)
(hereinafter called
in an aggregate principal
such assistance
agreeing to provide
million four hundred thousand Special IDA
amount equivalent to seven
(hereinafter called the
Drawing Rights (SDR 7,400,000)
Credit);
will be carried out by
(D) Parts B and C of the Project
Sociaux (hereitPublique de Promotion de Logements Social Housing
Entreprise
EPPLS) the Borrower's Public
after called
with the Borrower's assistance;
Promotion Company,
will be carried out by an agency
(E) Part D of the Project before the Effective Date, with
of the Borrower to be established
the Borrower's assistance; and
the basis inter
has agreed, on
WHEREAS the Administrator
Fund Credit to the
to extend the Special
alia of the foregoing,
hereinafter set forth;
Borrower upon the terms and conditions
hereto hereby agree as follows:
NOW THEREFORE the parties
ARTTCLE I
General Conditions; Definitions
accept all the
Section 1.01. The parties to this Agreement to Development
-
Conditions Applicable
provisions of the General
Development Association,
Credit Agreements of the International force and effect as if they
dated June 30, 1980, with the same
however, to the following
fully set forth herein, subject,
to
were
(said General Conditions Applicable
thereof
Development
modifications
of the International
Development Credit Agreements
hereinafter called the General
Association, as s0 modified, being
Conditions):
wherever used in the General
(a) the term "AsE iciation",
Development Association
Conditions, means the "nternational
Fund referred to in
the Administracor of the Special
acting as
Fund Credit Agreement;
the Preamble to this Special
"Credit" and
"Development Credit Agreement",
are
(b) the terms
used in the General Conditions,
"Credit Account", wherever
were
(said General Conditions Applicable
thereof
Development
modifications
of the International
Development Credit Agreements
hereinafter called the General
Association, as s0 modified, being
Conditions):
wherever used in the General
(a) the term "AsE iciation",
Development Association
Conditions, means the "nternational
Fund referred to in
the Administracor of the Special
acting as
Fund Credit Agreement;
the Preamble to this Special
"Credit" and
"Development Credit Agreement",
are
(b) the terms
used in the General Conditions,
"Credit Account", wherever
No. 41-A Jeudi 23 juin 1983
<LE MONITEUR*
IV
"Special Fund
Fund Credit Agreement",
amended to read "Special
respectively;
Credit" and "Special Fund Credit Account",
of Section 5.01 is deleted; and
(c) the second sentence
shail
6.02 and 7.01, the term "Association" in
(d; in Sections
Development Association acting
also include the International
its own capacity.
unless the
1.02. Wherever used in this Agreement, the GenSection
the several terms defined in
the
context otherwise requires,
to this Agreement. have
eral Conditions and in the Preamble forth and the following addirespective meanings therein set
tional terms have the following meanings:
means Resolution No. IDA 82-6
(a) "Special Fund Resolution"
inter alia, establishes
Executive Directors of IDA which,
of the
the Special Fund;
Development
"Adainistrator" means the International Fund referred
(b)
of the Special
Association acting as Administrator Fund Credit Agreement;
to in the Preamble to this Special
of IDA" means a member of IDA with
(c) "Part I member
of membership are those
respect to which the terms and conditions of IDA for countries
prescribed in the Articles of Agreement Schedule A to those Articies;
are listed in Part I of
whose names
of IDA" means a member of IDA which is
(d) "Part II member
not a Part I member of IDA;
between IDA and
"Project Agreement" means the agreement
from time
(e)
as the same may be amended
EPPLS of even date herewith,
all schedules to the Project
to time, and such term includes supplemental to the Project
Agreement and all agreements
Agreement;
means the agreement to be
(f) "Subsidiary Loan Agreement" and EPPLS pursuant to Section
entered into between the Borrower
as the same may be
Credit Agreement,
3.01 (b) of the Development and such term includes ail schedules
amended from time to time,
to the Subsidiary Loan Agreement;
means the agreement of
(g) "Development Credit Agreement" and IDA for the purpose
date herewith between the Borrower
from time to
even
as such agreement may be amended
to
of the Project,
includes the General Conditions Applicable as
time; and such term
of IDA, dated June 30, 1980,
Development Credit Agreements
all agreements supplemental to
to such agreement,
to the
made applicable Credit Agreement and all schedules
the Development
Development Credit Agreement;
and such term includes ail schedules
amended from time to time,
to the Subsidiary Loan Agreement;
means the agreement of
(g) "Development Credit Agreement" and IDA for the purpose
date herewith between the Borrower
from time to
even
as such agreement may be amended
to
of the Project,
includes the General Conditions Applicable as
time; and such term
of IDA, dated June 30, 1980,
Development Credit Agreements
all agreements supplemental to
to such agreement,
to the
made applicable Credit Agreement and all schedules
the Development
Development Credit Agreement;
No 41-A - leudi 23 juin 1983
<LE MONITEUR>
VL
to SDR 920,000.
in the currency of the Borrower equivalent the Administrator on
amount
at the request of the Borrower,
from the Special
Thereafter,
shall further withdraw
behalf of the Borrower
in the Fund Account such amounts
Fund Credit Account and deposit the Fund Account with amounts
as shall be required to replenish of the Fund Account for expenditures
equal to payments made out financing under this Agreement, but
for the Project eligible for amount of any such deposit, together
only to the extent that the
in the Fund Account as of
with any amount remaining on deposit not exceed in the aggregate the
the date of such request, shall
as the Administrator shall
equivalent of SDR 920;000. Except
after the initial deposit
otherwise determine, each such deposit Fund Credit Account under the
shall be withdrawn from the Special table in paragraph 1 of Schedule
Categories set forth in the
amounts as have
same
an in the same respective
for such
1 to this Agreement, evidence supporting the request
been justified by the
(e)-of this Section.
furnished pursuant to paragraph
deposits
of each request by the Borrower
(e) Prior to or at the time
the Borrower shall furnish
into the Fund Account,
out of the Fund
for a deposit
in respect of each payment
to the Administrator
other evidence as the Administrator
Account such documents and
that such payment was made to
request, showing
for the
shall reasonably cost of goods or services required of the Special
pay the reasonable be financed out of the proceeds
Project and to
with Schedule 1 to this Agreement.
Fund Credit in accordance
shall have determined that any
(f) If the Administrator (1) was made for any expenditure
out of the Fund Account:
by withdrawal from
payment
not eligible for financing
the
or in any amount
Account; or (11) was not justified by the
the Special Fund Credit
(e) of this Section,
evidence furnished pursuant to paragraph from the Administrator and,
Borrower shall, promptly upon notice Administrator, prior to any
unless otherwise agreed by the
deposit in the Fund Account
further deposit in the Fund Account, amount equal to the amount of
or refund to the Administrator an thereof not so eligible or justisuch payment or of the portion
fied.
(d) of this
Notwithstanding the provisions of paragraph shall be made
(g)
deposit in the Fund Account
Section, no further
shall have determined that all further
when (1) the Administrator
by the Borrower from the Special
withdrawals can be made directly :2.02(a) of this Agreement, or
Fund Credit Account under Section from the Special Fund Credit
(11) when the total amount withdrawn
agreement to reimburse
plus the amount of any qualified
entered
Account,
and of any special commitment the General
made by the Administrator
to Section 5.02 of
into by the Administrator pursuant the equivalent of SDR 10,160,000,
a
Conditions, shall have reached Withdrawal "from the Special Fund
whichever shall be sooner.
amounts of the Special Fund
Credit Account of the remaining
as shall be agreed between
Credit shall follow such procedures and shall be made only to the
the Borrower and the Administrator shall be satisfied by the evidence
extent that the Administrator
total amount withdrawn
agreement to reimburse
plus the amount of any qualified
entered
Account,
and of any special commitment the General
made by the Administrator
to Section 5.02 of
into by the Administrator pursuant the equivalent of SDR 10,160,000,
a
Conditions, shall have reached Withdrawal "from the Special Fund
whichever shall be sooner.
amounts of the Special Fund
Credit Account of the remaining
as shall be agreed between
Credit shall follow such procedures and shall be made only to the
the Borrower and the Administrator shall be satisfied by the evidence
extent that the Administrator
No 41-A - leudi 23 juin 1983
<LE MONITEUR>
VI
to SDR 920,000.
in the currency of the Borrower equivalent the Administrator on
amount
at the request of the Borrower,
from the Special
Thereafter,
shall further withdraw
behalf of the Borrower
in the Fund Account such amounts
Fund Credit Account and deposit the Fund Account with amounts
as shall be required to replenish of the Fund Account for expenditures
equal to payments made out
under this Agreement, but
eligible for financing
for the Project
the amount of any such deposit, together
only to the extent that
in the Fund Account as of
amount remaining on deposit
the
with any
shall not exceed in the aggregate shall
the date of such request,
Except as the Administrator
equivalent of SDR 920;000. deposit after the initial deposit
otherwise determine, each such
Fund Credit Account under the
shall be withdrawn from the Special table in paragraph 1 of Schedule
set forth in the
amounts as have
same Categories
an' in the same respective
for such
1 to this Agreement, evidence supporting the request
been justified by the
(e)-of this Section.
furnished pursuant to paragraph
deposits
the time of each request by the Borrower
(e) Prior to or at
the Borrower shall furnish
for a deposit into the Fund Account, of each payment out of the Fund
in respect
to the Administrator and other evidence as the Administrator to
Account such documents
that such payment was made
shall reasonably request, showing
services required for the
the reasonable cost of goods or the
of the Special
pay
and to be financed out of
proceeds this
Project
with Schedule 1 to
Agreement.
Fund Credit in accordance
shall have determined that any
(f) If the Administrator (1) was made for any expenditure
payment out of the Fund Account: for financing by withdrawal from
or in any amount not eligible or (11) was not justified by the
the Special Fund Credit Account;
(e) DE this Section, the
evidence furnished pursuant to paragraph from the Administrator and,
Borrower shall, promptiy upon notice
prior to any
unless otherwise agreed by the Administrator, deposit in the Fund Account
further deposit in the Fund Account, amount equal to the amount of
or refund to the Administrator an thereof not so eligible or justisuch payment or of the portion
fied.
(d) of this
Notwithstanding the provisions of paragraph shall be made
(g)
deposit in the Fund Account
Section, no further
shall have determined that all further
when (1) the Administrator
by the Borrower from the Special
withdrawals can be made directly :2.02(a) of this Agreement, or
Fund Credit Account under Section from the Special Fund Credit
(11) when the total amount withdrawn
agreement to reimburse
Account, plus the amount of any qualified special commitment entered
made by the Administrator and of any Section 5.02 of the General
into by the Administrator pursuant to
of SDR 10,160,000,
shall have reached the equivalent
Fund
Conditions,
Withdrawal - from the Special
whichever shall be sooner.
amounts of the Special Fund
Credit Account of the remaining
as shall be agreed between
Credit shall follow such procedures and shall be made only to the
the Borrower and the Administrator shall be satisfied by the evidence
extent that the Administrator
when the total amount withdrawn
agreement to reimburse
Account, plus the amount of any qualified special commitment entered
made by the Administrator and of any Section 5.02 of the General
into by the Administrator pursuant to
of SDR 10,160,000,
shall have reached the equivalent
Fund
Conditions,
Withdrawal - from the Special
whichever shall be sooner.
amounts of the Special Fund
Credit Account of the remaining
as shall be agreed between
Credit shall follow such procedures and shall be made only to the
the Borrower and the Administrator shall be satisfied by the evidence
extent that the Administrator
VII
<LE MONITEUR>
No. 41-A - Jeudi 23 juin 1983
for such withdrawals
submitted in support of the applications of the Fund Account and out
that all payments by the Borrower Fund out Credit were made on account
of the proceeds of the Special
or services required for the
of the reasonable cost of goods of the
of the Special
Project and to be financed out Schedule 1 proceeds to this Agreement.
Fund Credit in accordance with
the Administrator shall otherwise
Section 2.03. Except as
and civil works to be financed
agree, procurement of the goods Fund Credit shall be governed
out of the proceeds of the Special 3 to this Agreement.
by the provisions of Schedule
Date shall be December 31, 1987,
Section 2.04. The Closing
shall establish. The
such later date as the Administrator
of such later
or
notify the Borrower
Administrator shall promptly
date.
shall pay to IDA a commitment
Section 2.05. (a) The Borrower
cent (1/2 of 1%) per
the rate of one-half of one per
Credit not
charge at
amount of the Special Fund
annum on the principal
The commitment charge shall accrue
withdrawn from time to time. the date of the Special Fund Credit
from a date sixty days after
which amounts shall be withAgreement to the respective dates on
Fund Credit Account or
the Borrower from the Special
drawn by
shall be cancelled.
shall be paid: (1) at such places
(b) The commitment charge (11) without restrictions of any
as IDA shall reasonably request;
of, the Borrower; and (ii1)
kind imposed by, or in the territory
for purposes of
specified in this Agreement other eligible
in the currency
Conditions or in such
Section 4.02 of the General from time to time be designated or
currency or currencies as may
of that Section.
selected pursuant to the provisions
service charge
shall pay to IDA a
Section 2.06. The Borrower
cent (3/4 of 1%) per
of one per
at the rate of three-fourths from the Special Fund Credit
annum on the amount withdrawn from time to time.
Account and outstanding
and service charges shall
Section 2.07. Commitment charges and December 1 in each year.
on June 1
be payable semiannually
shall repay to IDA the principal
Section 2.08. The Borrower
semiannual installments payFund Credit in
amount of the Special
December 1 commencing June 1, 1993 and
able on each June 1 and
installment to and including the
ending December 1, 2032, each 1, 2002 to be one-half of one per
installment payable on December
amount, and each installment
cent (1/2 of 1%) of such principal
cent (1-1/2%) of such
thereafter to be one and one-half per
principal amount.
of the United States of America
Section 2.09. The currency
of Section 4.02 of the
specified for the purposes
is hereby
General Conditions.
1993 and
able on each June 1 and
installment to and including the
ending December 1, 2032, each 1, 2002 to be one-half of one per
installment payable on December
amount, and each installment
cent (1/2 of 1%) of such principal
cent (1-1/2%) of such
thereafter to be one and one-half per
principal amount.
of the United States of America
Section 2.09. The currency
of Section 4.02 of the
specified for the purposes
is hereby
General Conditions.
No. 41-A - Jeudi 23 iuin 1983
<LE MONITEUR>
VIII
ARTICLE III
Execution of the Project
shall carry out Part A of the
Section 3.01. (a) The Borrower
out Part D of the Project
and shall cause SAGMAP to carry
with approProject
and efficiency and in conformity
and
with due diligence
financial and engineering practices,
priate administrative,
the funds, facilities,
shall provide, promptly as required needed, for the purpose.
services and other resources
views with the Administra-
(b) The Borrower shall exchange
budget allocations for
tor in March of each year on the 15 proposed of each year on the adequacy
the Project and prior to August
thereof.
in the carrying out of
(c) In order to assist the Borrower shall maintain, until the
Part A of the Project, the Borrower shall so determine, a Project Unit
Borrower and the Administrator
personnel and resources as
with such powers, responaibilities.
to the Administrator.
shall be satisfactory
upon any
3.02. Without any limitation or restriction
Section
under the Special Fund Credit Agreement, the
of its other obligations
carry out Parts B and C of
Borrower shall cause EPPLS tp
of the
the
with the provisions
Project, and to perform in accordance Loan Agreement all the
Project Agreement and the Subsidiary take and cause to be taken
obligations therein set forth, shall
of funds, facilities,
all action, including the provision or appropriate to enable
services and other resources, necessary and shall not take or permit 1
such obligations,
with such
EPPLS to perform
which would prevent or interfere
to be taken any action
performance.
order to assist the Borrower in carrying
Section 3.03. In
shail employ consultants
Part A of the Project, the Borrower
of
out
experience and terms and conditions
whose qualifications,
to the Administrator, such conemployment shall be satisfactory
with principles and prosultants to be selected in accordance
on the basis of the
cedures satisfactory to the Administrator by World Bank Borrowers
"Guidelines for the Use of Consultants published by the Bank
and by the World Bank as Executing Agency" that the eligibility restricin August 1981; provided, however, 2.02 (b) of this Agreement shall apply
tions set forth in Section consultants and that the said Guideto the employment of such
the said restrictions.
lines shall be read as containing
undertakes to insure, or make
Section 3.04. (a) The Borrower
the imported goods to be
provision for the insurance of,
Fund Credit against
adequate
the
of the Special
financed out of
proceeds
transportation and delivery
hazards incident to the acquisition,
and for such
thereof to the place of use or installation, in a currency freely
indemnity shall be payable
insurance any
or repair such goods.
usable by the Borrower to replace
the employment of such
the said restrictions.
lines shall be read as containing
undertakes to insure, or make
Section 3.04. (a) The Borrower
the imported goods to be
provision for the insurance of,
Fund Credit against
adequate
the
of the Special
financed out of
proceeds
transportation and delivery
hazards incident to the acquisition,
and for such
thereof to the place of use or installation, in a currency freely
indemnity shall be payable
insurance any
or repair such goods.
usable by the Borrower to replace
IX
KLE MONITEUR>
No. 41-A Jeudi 23 juin 1983.
shall otherwise agree, the
(b) Except as the Administrator services financed out of the
Borrower shall cause all goods Credit and to be used exclusively for
proceeds of the Special Fund
the Project.
shall furnish to the AdminisSection 3.05. (a) The Borrower
the plans, specificatrator, promptly upon their preparation,
and procurement
contract documents and construction
thereof
tions,
and any material modifications
schedules for the Project,
detail as the Administrator shall
additions thereto, in such
or
reasonably request.
shall maintain records and procedures
(b) The Borrower: (1)
the progress of Part A of the
adequate to record and monitor where appropriate, the benefits
Project (including its cost and,
the goods and services
be derived from it), to identify
Credit, and to
to
of the Special Fund
financed out of the proceeds of the Project; (11) shall enable
disclose their use in Part A representatives to visit the
accredited
and to
the Administrator's
sites included in the Project
facilities and construction
of the proceeds of the Special
examine the goods financed out records and documents; and (111)
Fund Credit and any relevant
intervals all such
furnish to the Administrator at regular
shall
Administrator shall reasonably request
information as the
its cost- and, where
concerning Part A of the Project, from it, the expenditure
the benefits to be derived Credit and the goods and
appropriate,
of the Special Fund
of the proceeds out of such proceeds.
services financed
the Borrower of any contract for
(c) Upon the award by financed out of the proceeds of
goods, works or services to be
a description thereof,
Fund Credit, IDA may publish
the contract was
the Special
of the party to whom
the name and nationality
awarded and the contract price.
but in any
of tie. Project,
(d) Promptly after completion after the Closing Date or such
event not later than six months
between the Borrower
be
for this purpose
to
later date as may agreed Borrower shall prepare and furnish
: the
such detail as
and the Administrator,"
of such scope and in
the Administrator a report,
request, on the execution and
shall reasonably
its
and the
the Administrator of Part A of the Project,
cost
by
initial operation
to be derived from it, the performance
benefits derived and
of their respective
the Borrower and the Administrator Credit
and the
Fund
Agreement
obligations under the Special of the Special Fund Credit.
accomplishaent of the purposes
shall take all such action as
Section 3.06. The Borrower and when needed all such land
shall be necessary to acquire as
be required for carrying
in respect of land as shall
and rights
shall furnish to the Administrator, promptly
out the Project and
evidence satisfactory to the Administraafter such acquisition,
in respect of land are available
tor that such land and rights
related to the Project.
for purposes
respective
the Borrower and the Administrator Credit
and the
Fund
Agreement
obligations under the Special of the Special Fund Credit.
accomplishaent of the purposes
shall take all such action as
Section 3.06. The Borrower and when needed all such land
shall be necessary to acquire as
be required for carrying
in respect of land as shall
and rights
shall furnish to the Administrator, promptly
out the Project and
evidence satisfactory to the Administraafter such acquisition,
in respect of land are available
tor that such land and rights
related to the Project.
for purposes
No. 41-A - Jeudi 23 juin 198.
<LE MONITEUR>
construction of the facilities
Section 3.07. Upon the
the Borrower shall assign to
included in Part A of the Project,
to the Administrator, the
satisfactory
SAGMAP, under arrangements of such facilities.
(To be continued)
operation and the maintenance
Credit Agreement
Development
Project)
(Urban Development
between
REPUBLIC QF HAITI
and
INTERNATIONAL DEVELOPMENT ASSOCIATION a
baech
Dated
DEVELOPMENT CREDIT AGREEMENT
Mearch 31
1983, between
AGREEMENT, dated
called the Borrower) and INTERREPUBLIC OF HAITI (hereinafter
(hereinafter called the
NATIONAL DEVELOPMENT ASSOCIATION
Association).
the Association to
WHEREAS (A) the Borrower has requested described in Schedule 2 to
assist in the financing of the Project Credit as hereinafter provided;
this Agreement by extending the
adopted on October 26,
by Resolution No. IDA 82-6,
there has
(B)
Directors of the Association
1982, of the Executive
a Special Fund constituted by
by the Association
members of the
been established shall be contributed by certain
as
the funds which administered by the Association, acting and in
Association and
Fund, for the purpose of,
Administrator of such Special of said Resolution;
accordance with, the provisions
for
the Administrator
(C) the Borrower has requested Special Fund in the
assistance from the resources of described the
in Schedule 2 to
financing of Part A of the Project has determined that such
this Agreement and the Administrator with the provisions of the
assistance would be in accordance
Resolution referred to above,
(hereinafter
Fund Credit Agreement
(D) by the Special
of even date herewith,
called the Special Fund Credit Agreement) available to the Borrower a
has agreed to make
Fund Credit)
the Administrator
called the Special
the
Special Fund Credit (hereinafter of Part A of such Project, on
to assist in the financing set forth;
terms and conditions therein
the resources of described the
in Schedule 2 to
financing of Part A of the Project has determined that such
this Agreement and the Administrator with the provisions of the
assistance would be in accordance
Resolution referred to above,
(hereinafter
Fund Credit Agreement
(D) by the Special
of even date herewith,
called the Special Fund Credit Agreement) available to the Borrower a
has agreed to make
Fund Credit)
the Administrator
called the Special
the
Special Fund Credit (hereinafter of Part A of such Project, on
to assist in the financing set forth;
terms and conditions therein
X1
<LE MONITEUR>
No. 41-A Jcudi 23 juin 1983
will be carried out by
(E) Parts B and C of the Project de Logements Sociaux
Entreprise Publique de Promotion
Public Social Housing
(hereinafter called EPPLS), the Borrower's assistance and, as part of
Promotion Company, with the Borrower's, make available to EPPLS part
assistance, the Borrower will
such
of the Credit as hereinafter provided;
of the proceeds
will be carried out by an agency
(F) Part D of the Project before the Effective Date, with
of the Borrower to be established
of such assistance, the
Borrower's assistance and, as part
of the proceeds
the
make available to such agency part
Borrower will
provided, and
of the Credit as hereinafter
inter alia
has agreed; on the basis
the
WHEREAS the Association the Credit to the Borrower upon
of the foregoing, to extend
set forth and in the Project
hereinafter
and
terms and conditions
herewith between the Association
Agreement of even date
EPPLS;
hereto hereby agree as follows:
NOW THEREFORE the parties
ARTICLE I
General Conditions; Definitions
this
accept all the
Section 1.01. The parties to
Applicable Agreement to Development
provisions of the General Conditions dated June 30, 1980, with
Credit Agreements of the Association, were fully set forth herein
force and effect as if they
Credit Agreethe same
to Development
(said General Conditions Applicable hereinafter called the General
ments of the Association being
Conditions).
used in this Agreement, unless the
Section 1.02. Wherever
terms defined in the Genotherwise requires, the several
have the
context
and in the Preamble to this Agreement
addieral Conditions
therein set forth and the following
respective meanings
meanings:
tional terms have the following
Autonome de Gestion des Marchés
(a) "SAGMAP" means Société
market management
a metropolitan
de 1'Aire de Port-au-Prince, the Borrower and to be responsible
agency to be established of Part by D of the Project;
for the carrying out
the
between the
(b) "Project Agreement" means herewith, agreement as the same may be
Association and EPPLS of even date
includes all schedules
amended from time to time, and such term supplemental to the
and all agreements
to the Project Agreement
Project Agreement;
means the agreement to be
(c) "Subsidiary Loan -Agreement" and EPPLS pursuant to Section
entered into between the Borrower
be amended from time
3.02 (b) of this Agreement, as the same may
to the Subsidiary
and such term includes all schedules
to time,
Loan Agreement;
) "Project Agreement" means herewith, agreement as the same may be
Association and EPPLS of even date
includes all schedules
amended from time to time, and such term supplemental to the
and all agreements
to the Project Agreement
Project Agreement;
means the agreement to be
(c) "Subsidiary Loan -Agreement" and EPPLS pursuant to Section
entered into between the Borrower
be amended from time
3.02 (b) of this Agreement, as the same may
to the Subsidiary
and such term includes all schedules
to time,
Loan Agreement;
XIIT
<LE MONITEUR>
No.41-A Jeudi 23 juin 1983
bank or the Central Bank on terms
Special Account in a commercial
Payments out of
conditions satisfactory to the Association. to
the reasonand
Account shall be made exclusively pay out the Prothe Special
to carry
able costs of goods and services reçuired
in accordance with
financed under this Agreement
ject and to be
set forth in paragraph 1 of Schedule
of the table
the provisions
1 hereto.
receipt from the Borrower
(d) The Association shall, upon
identifying the
for withdrawal and information
from the
of an application withdraw on behalf of the Borrower
Special Account,
in the Special Account an initial
Credit Account and deposit
equivalent to SDR 460,000.
in the currency of the Borrower
the Association on
amount
at the request of the Borrower,
from the Credit
Thereafter,
Borrower shall further withdraw
as shall
behalf of the
Account such amounts
Account and deposit in the Special Account with amounts equal
the Special
for
be required to replenish
Account for expenditures
made out of the Special
but only
to payments
for financing under this Agreement,
with
the Project eligible
of any such deposit, together
the extent that the amount
Account as of the
to
remaining on deposit in the Special in the
the
any amount
shall not exceed
aggregate shall
date of such request,
Except as the Association
equivalent of SDR 460,000.
after the initial deposit
otherwise determine, each such deposit Account under the same Catefrom the Credit
1 to
shall be withdrawn
table in
1 of Schedule
set forth in the
paragraph amounts as have been
gories
and in the same respective
for such
this Agreement,
evidence supporting the request
justified by the
(e) of this Section.
furnished pursuant to paragraph
deposits
time of each request by the Borrower
(e) Prior to or at the
Account, the Borrower shall
into the 'Special
out of the
for a deposit
in respect of each payment
furnish to the Association
and other evidence as the AssociaSpecial Account such documents showing that such payment was made
tion shall reasonably request,
or services required for the
the reasonable cost of goods
the Credit in
to pay
out of the proceeds of
Project and to be financed
with Schedule 1 to this Agreement.
accordance
shall have determined that any pay-
(f) If the Association
(1) was made for any expenditure
ment out of the Special Account: for financing by withdrawal from
or in any amount not eligible
by the evidence
the Credit Account; or (ii) was not of justified this Section, the Borrower
furnished pursuant to paragraph (e) the Association and, unless
shall, promptly upon notice from prior to any further deposit
otherwise agreed by the Association, the Special Account or refund
in the Special Account, deposit in to the amount of such payment
to the Association an amount equal
or justified.
the
thèreof not so eligible
or of
portion
of paragraph (d) of this
(g) Notwithstanding the provisions Account shall be made
Section, no further deposit in the Special determined that all further
when (1) the Association shall have
) was not of justified this Section, the Borrower
furnished pursuant to paragraph (e) the Association and, unless
shall, promptly upon notice from prior to any further deposit
otherwise agreed by the Association, the Special Account or refund
in the Special Account, deposit in to the amount of such payment
to the Association an amount equal
or justified.
the
thèreof not so eligible
or of
portion
of paragraph (d) of this
(g) Notwithstanding the provisions Account shall be made
Section, no further deposit in the Special determined that all further
when (1) the Association shall have
No. 41-A - Jeudi 23 juin 198.
<LE MONITEUR>
XIV
by the Borrower from the Credit
withdrawals can be made directly
or (11) when the
under Section 2.02(a) of this Agreement,
the amount
Account
from the Credit Account, plus
total amount withdrawn
reimburse made by the Association
of any qualified agreement to entered into by the Association
and of any special commitment the General Conditions, shall have
pursuant to Section 5.02 of
whichever shall be
of SDR 6,480,000,
reached the equivalent
Account of the remaining
Withdrawal from the Credit
as shall be
sooner.
Credit shall follow such procedures
amounts of the
and shall be made
between the Borrower and the Association be satisfied by the
agreed
that the Association shall
withonly to the extent
of the applications for such
evidence submitted in support
out of the Special
drawals that all payments by the Borrower the Credit were made on
Account and out of the proceeds of or services required for
of the reasonable cost of goods
of the Credit
account
be financed out of the proceeds
the Project and to Schedule 1 to this Agreement.
in accordance with
shall otherwise
Section 2.03. Except as the Association civil works required for
of the goods and
of the Credit
agree, procurement
out of'the proceeds
the Project and to be financed
of Schedule 3 to this Agreeshall be governed by the provisions
ment.
shall be December 31, 1987
Section 2.04. The Closing Date shall establish. The Assoor such later date as the Association
of such later date.
notify the Borrower
ciation shall promptly
shall pay to the Association
Section 2.05. (a) The Borrower
of one per cent (1/2
commitment charge at the rate of one-half
Credit not witha
the
amount of the
of 1%) per annum on
principal
charge shall accrue from
drawn from time to time. The commitment of the Development Credit Agreedate sixty days after the date
shall be withdrawn
a
dates on which amounts
ment to the respective Credit Account or shall be cancelled.
by the Borrower from the
shall be paid: (i) at such places
(b) The commitment charge
request; (11) without
the Association shall reasonably
the
of, the
as
kind imposed by, or in
territory
restrictions of any
specified in this Agreement
Borrower; and (iii) in the currency of the General Conditions or in
for the purposes of Section 4.02
as may from time to
currency or currencies
of that
such other eligible
pursuant to the provisions
time be designated or selected
Section.
shall pay to the Association a
Section 2.06. The Borrower
of one per cent (3/4
service charge at the rate of three-fourths amount of the Credit withdrawn
of 1%) per annum on the principal time.
from time to
and outstanding
shall
Commitment charges and service charges
Section 2.07.
June 1 and December 1 in each year.
be payable semiannually on
shall repay the principal amount
Section 2.08. The Borrower
payable on each June 1
of the Credit in semiannual installments
selected
Section.
shall pay to the Association a
Section 2.06. The Borrower
of one per cent (3/4
service charge at the rate of three-fourths amount of the Credit withdrawn
of 1%) per annum on the principal time.
from time to
and outstanding
shall
Commitment charges and service charges
Section 2.07.
June 1 and December 1 in each year.
be payable semiannually on
shall repay the principal amount
Section 2.08. The Borrower
payable on each June 1
of the Credit in semiannual installments
XV
No. 41-A Jeudi 23 juin 1983
KLE MONITEUR>
June 1, 1993, and ending December 1,
and December 1 commencing
the installment payable
2032, each installment to and including of one per cent (1/2 of 1%)
December 1, 2002, to be one-half
to be
on
amount, and each installment thereafter
of such principal
of such principal amount.
one and one-half per cent (1-1/2%)
of the United States of America
Section 2.09. The currency
of Section 4.02 of the
for the purposes
is hereby specified
General Conditions.
ARTICLE III
Execution of the Project
shall carry out Part A of the
Section 3.01. (a') The Borrower
out Part D of the Project
Project and shall cause SAGMAP to carry and in conformity with approwith due diligence and efficiency
practices, and
administrative, financial and engineering
serpriate
the funds, facilities,
shall provide, promptly as required needed, for the purpose.
vices and other resources
exchange views with the Association
(b) The Borrower shall
budget allocations for the
in March of each year on the proposed 15 of each year on the adequacy
Project and prior to August
thereof.
out of
the Borrower in the carrying
(c) In order to assist
shall maintain, until the
Part A of the Project, the Borrower shall so determine, a Project Unit
Borrower and the Association
personnel and resources as
with such powers, responsibilities.
to the Association.
shall be satisfactory
limitation or restriction upon
Section 3.02. (a) Without any
Credit Agreeother obligations under the Development
B and C
any of its
shall cause EPPLS to carry out Parts
ment, the Borrower
in accordance with the provisions
of the Project, and to perform the
therein set forth,
Agreement all
obligations
the
of the Project
taken all action, including
provishall take and cause to be services and other resources, necession of funds, facilities, EPPLS to perform such obligations,
to enable
would
sary or appropriate
to be taken any action which
and shall not take or permit
with such performance.
prevent or interfere.
the
shall make part of the proceeds of to be
(b) The Borrower
loan agreement
Credit available to EPPLS under a subsidiary EPPLS under terms and conentered into between the Borrower and by the Association, which
ditions which shall have been approved for 25 years on the funds
shall include (1) 4% interest per annum (11) the transfer as a
transferred for Part B.1 of the Project, for the carrying out
non-revocable grant of the funds necessary
of Parts B.2, B.3 and C of the Project.
exercise its rights under the Sub-
(c) The Borrower shall manner as to protect the interests
sidiary Loan Agreement in such
PLS under a subsidiary EPPLS under terms and conentered into between the Borrower and by the Association, which
ditions which shall have been approved for 25 years on the funds
shall include (1) 4% interest per annum (11) the transfer as a
transferred for Part B.1 of the Project, for the carrying out
non-revocable grant of the funds necessary
of Parts B.2, B.3 and C of the Project.
exercise its rights under the Sub-
(c) The Borrower shall manner as to protect the interests
sidiary Loan Agreement in such
No.41-A - Jeudi 23 juin 1983
<LE MONITEUR>
XVI
and to accomplish the purof the Borrower and the Association the Association shall otherof the Credit, and except as
amend, abrogate or
poses
the Borrower shall not assign,
thereof.
wise agree,
Loan Agreement or any provision
waive the Subsidiary
after SAGMAP has been
(d) The Borrower shall, promptly of the Credit available to
make part of the proceeds
agreement to
established,
grant, under a subsidiary terms and
SAGMAP, as a non-revocable the Borrower and SAGMAP under
be entered into between shall have been approved by the Association in
conditions which
alia, the provisions set forth
which shall include, inter
Schedule 5 to this Agreement.
exercise its rights under the SAGMAP
(e) The Borrower shall manner as to protect the interests
Subsidiary Agreement in such a
and to accomplish the
and the Association
shall
of the Borrower
and except as the Association
purposes of the Credit,
shall not assign, amend, abrogate
otherwise agree, the Borrower
Agreement or any provision
or waive the SAGMAP Subsidiary
thereof.
or make
undertakes to insure,
Section 3.03. (a) The Borrower of, the imported goods to be
provision for the insurance
hazards inciadequate
of the Credit against
financed out of the proceeds
and delivery thereof to
dent to the acquisition, transportation and for such insurance any
the place of use or installation,
freely usable by the
shall be payable in a currency
indemnity
or repair such goods.
Borrower to replace
shall cause all goods and services
(b) The Borrower
of the Credit to be used exclusively
financed out of the proceeds
for the purposes of the Project.
to the Associa3.04. (a) The Borrower shall furnish
Section
the plans, specifications,
upon their preparation,
schedules
tion, promptly
and procurement
documents and construction
thereof
contract
and any material modifications shall
for Part A of the Project,
detail as the Association
additions thereto, in such
or
reasonably request.
maintain records and procedures
(b) The Borrower: (1) shall
of Part A of the
record and monitor the progress
from
adequate to
and the benefits to be derived
Project (including its cost
services financed out of the
the goods and
in Part A of
it), to identify
and to disclose their use
proceeds of the Credit,
the Association's representatives
the Project; (ii) shall enable
sites included in the
visit the facilities and construction out of the
of
to
financed
proceeds
Project and to examine thé goods
and documents; and (iii),
Credit and any relevant records
all such
the
at regular intervals
shall furnish to the Association shall reasonably request concerninformation as the Association
and, where appropriate, the
Part A of the Project, its cost
of the proceeds
ing
be derived from it, the expenditure
out of such
benefits to
and services financed
of the Credit and the goods
proceeds.
; (ii) shall enable
sites included in the
visit the facilities and construction out of the
of
to
financed
proceeds
Project and to examine thé goods
and documents; and (iii),
Credit and any relevant records
all such
the
at regular intervals
shall furnish to the Association shall reasonably request concerninformation as the Association
and, where appropriate, the
Part A of the Project, its cost
of the proceeds
ing
be derived from it, the expenditure
out of such
benefits to
and services financed
of the Credit and the goods
proceeds.
XVII
198?
KLE MONITEUR>
Nc. 41-A Jeudi 23 jujn
of any contract for
(c) Upon the award by the financed Borrower out of the proceeds of
goods, works or services to be
a description thereof,
the Ciedit, the Association may publish to whom the contract was
of the party
the name and nationality
awarded and the contract price.
A of the Project, but
Promptly after completion of Part the
Date or
(d)
later than six months after
Closing
the
in any event not
be
for this purpose between
such later date as may
agreed the Borrower shall prepare and
Borrower and the Association,
of such scope and in such
furnish to the Association a report,
request, on the
the Association shall reasonably
its
detail as
operation of Part A of the Project, the
execution and initial derived and to be derived from it,
cost and the benefits
and the Association of their respecperformance by the Borrower
Credit Agreement and the
under the Development
tive obligations of the purposes of the Credit.
accomplishment
shall take all such action as
Section 3.05. (a) The Borrower when needed all such land
shall be necessary to acquire as and be required for carrying
in respect of land as shall
promptly
and rights
shall furnish to the Association,
out the Project and
evidence satisfactory to the Association for
after such acquisition, in respect of land are available
that such land and rights
related to the Project.
purposes
transfer to SAGMAP as a capital
(b) The Borrower shall December 31, 1983, 16 hectares of
contribution, not later than
for the construction of
military airport,
land at the Chancerelle
a wholesale market.
facilities of
shall utilize the existing
(c) The Borrower Port-au-Prince as a passenger transport
the Gare Macdonald at
terminal.
of the facilities
Section 3.06. Upon the construction
shall assign to
in Part A of the Project, the Borrower the
the
included
satisfactory to
Association,
SAGMAP, under arrangements of such facilities.
(To be continued)
operation and the maintenance
Project Agreement
Project)
(Urban Development
between
INTERNATIONAL DEVELOPMENT ASSOCIATION
and
ENTREPRISE PUBLIQUE DE PROMOTION DE
LOGEMENTS SOCIAUX
PROJECT AGREZKENT
Voarch 31
1983, between
AGREEMENT, dated
(hereinafter called the
DEVELOPMENT ASSOCIATION
INTERNATIONAL
construction
shall assign to
in Part A of the Project, the Borrower the
the
included
satisfactory to
Association,
SAGMAP, under arrangements of such facilities.
(To be continued)
operation and the maintenance
Project Agreement
Project)
(Urban Development
between
INTERNATIONAL DEVELOPMENT ASSOCIATION
and
ENTREPRISE PUBLIQUE DE PROMOTION DE
LOGEMENTS SOCIAUX
PROJECT AGREZKENT
Voarch 31
1983, between
AGREEMENT, dated
(hereinafter called the
DEVELOPMENT ASSOCIATION
INTERNATIONAL
No. 41-A - Jeudi 23 juin 1983
KLE MONITEUR>
XVIII
PUBLIQUE DE PROMOTION DE LOGEMENTS
Association) and ENTREPRISE
SOCIAUX (hereinafter called EPPLS)
of even date
Credit Agreement
the
WHEREAS by the Development of Haiti (hereinafter called
herewith between the Republic
has agreed to make
the Association
Borrower) and the Association,
in various currencies
available to the Borrower an hundred amount thousand Special Drawing
to seven million four
set forth in
equivalent 7,400,000), on the terms and conditions condition that
Rights (SDR
but only on
the Development Credit Agreement,
toward the Association
EPPLS agree to undertake such obligations
set forth;
as are hereinafter
entered into
loan agreement to be
the
WHEREAS by a subsidiary EPPLS, part of the proceeds of
between the Borrower and
Credit Agreement will
for under the Development
therein
Credit provided
EPPLS on the terms and conditions
be made available to
set forth; and
enterof the Association's
WHEREAS EPPLS, in consideration
with the Borrower, has
Credit Agreement
ing into the Development
hereinafter set forth;
agreed to undertake the obligations
hereto hereby agree as follows:
NOW THEREFORE the parties
ARTICLE I
Definitions
unless the
1.01. Wherever used in this Agreement,
in the
Section
the several terms defined
context shall otherwise require, in the General Conditions (as 80
Development Credit Agreement and
therein set forth.
defined) have the respective meanings
ARTICLE II
Execution of the Project
out Parts B and C of the
Section 2.01. EPPLS shall carry the Development Credit
described in Schedule 2 to
and in conformity
Project with due diligence and efficiency and engineering
Agreement
administrative, financial
with appropriate
practices.
assist EPPLS in the carrying out
Section 2.02. In order to
EPPLS shall, not later than 3
of Parts B and C of the Project,
employ consultants whose
months after the date of this Agreement, and conditions of employment
qualifications, experience and terms
such consultants to be
to the Association,
satisshall be satisfactory with principles and procedures
for
selected in accordance
on the basis of the "Guidelines World
factory to the Association World Bank Borrowers and by the
the Use of Consultants by
by the Bank in August 1981.
Agency" published
Bank as Executing
otherwise
2.03. Except as the Association shall
for
Section
and civil works required
procurement of the goods
agree,
of the Project,
employ consultants whose
months after the date of this Agreement, and conditions of employment
qualifications, experience and terms
such consultants to be
to the Association,
satisshall be satisfactory with principles and procedures
for
selected in accordance
on the basis of the "Guidelines World
factory to the Association World Bank Borrowers and by the
the Use of Consultants by
by the Bank in August 1981.
Agency" published
Bank as Executing
otherwise
2.03. Except as the Association shall
for
Section
and civil works required
procurement of the goods
agree,
XIX
No. 41-A Jeudi 23 juin 1983
<LE MONITEUR>
and to be financed out of the
Parts B and C of the Project
by the provisions of
of the Credit shall be governed
proceeds
Credit Agreement.
Schedule 3 to the Development
undertakes to insure, or make adeSection 2.04. (a) EPPLS
of, the imported goods to be
provision for the insurance Credit made available to it
quate financed out of the proceeds of the incident to the acquisition,
against hazards
of use or
by the Borrower
thereof to the place
and delivery
indemnity shall be paytransportation and for such insurance any to replace or repair
installation,
freely usable by EPPLS
able in a currency
such goods.
financed out
shall cause all goods and services
the Bor-
(b) EPPLS
Credit made available to it by
of the proceeds of the
for the purposes of the Project.
rower to be used exclusively
shall furnish to the Association,
Section 2.05. (a) EPPLS
conthe plans, specifications, for
promptly upon their preparation, and procurement schedules
documents and construction
modifications
tract
Project, and any material
Parts B and C of the
in such detail as the Association
thereof or additions thereto,
shall reasonably request.
adeshall: (1) maintain records and procedures C of the
(b) EPPLS
of Parts B and
to record and monitor the progress
to be derived from
quate (including its cost and the benefits financed out of the
Project
the goods and services
in the Project;
it), to identify Credit, and to disclose their use
visit the
proceeds of the
to
enable the Association's representatives in the Project and to
(11)
sites included
and
facilities and construction of the proceeds of the Credit
examine the goods finaaced out
and (11i) furnish to the
relevant records and documents;
information as the
any
intervals all such
and C of.
Association at regular
request concerning Parts B
Association shall reasonably
the benefits to be
Project, its cost and, where appropriate,
and the goods
the
of such proceeds
derived from it, the expenditures
financed out of such proceeds.
and services
EPPLS of any contract for goods,
(c) Upon the award by financed out of the proceeds of the
works or services to be
a description thereof, the
Credit, the Association may publish to whom the contract was
name and nationality of the party
awarded and the contract price.
of the Project, but in any
(d) Promptly after completion after the Closing Date or such
event not later than six months
between EPPLS and
be agreed for this purpose
later date as may
and furnish to the AssociaEPPLS shall prepare
the Associathe Association,
and in such detail as
tion a report, of such scope
on the execution and initial
tion shall reasonably request,
its cost and the beneoperation of Parts B and C of the Project, the
by EPPLS
derived and to be derived from it,
performance under the
fits
of their respective obligations
the
and the Asgociation
of the purposes of
Project Agreement and the accomplishment
Credit.
not later than six months
between EPPLS and
be agreed for this purpose
later date as may
and furnish to the AssociaEPPLS shall prepare
the Associathe Association,
and in such detail as
tion a report, of such scope
on the execution and initial
tion shall reasonably request,
its cost and the beneoperation of Parts B and C of the Project, the
by EPPLS
derived and to be derived from it,
performance under the
fits
of their respective obligations
the
and the Asgociation
of the purposes of
Project Agreement and the accomplishment
Credit.
No. 41-A - Jeudi 23 juin 1983
<LE MONITEUR>
XX
to
the
Association's representatives
(e) EPPLS shall enable
sites, works, buildings,
examine all plants, installations, and any relevant records and
and equipment of EPPLS
property
documents.
shall duly perform all its obligations
Section 2.06. EPPLS
Except as the Association
under the Subsidiary Loan Agreement. shall not take or concur in any
shall otherwise agree, EPPLS effect of amending, abrogating,
action which would have the
Loan Agreement or any proviassigning or waiving the Subsidiary
sion thereof.
of the Asso2.07. (a) EPPLS shall, at the request
to the
Section
views with the Association with regard of its
ciation, exchange B and C of the Project, the performance Loan
progress of Parts
and under the Subsidiary
obligations under this Agreement
to the purposes of the
and other mattere relating
Agreement,
Credit.
inform the Asspciation of any con-
(b) EPPLS shall promptly
to interfere with the prowhich interferes or threatens
of the
dition of Parts B and C of the Project, the accomplishment EPPLS of its obligress
of the Credit, or the performance by
Loan Agreepurposes
and under the Subsidiary
gations under this Agreement
ment.
out Part B of the Project
Section 2.08. (a) In carrying
EPPLS shall:
with the
construction standards commensurate
such
(1) apply
of
purchasers,
ability to pay
prospective to the Association;
standards to be satisfactory
and sell the dwelling units at
(ii) lease the lots
of all on-site
the recovery
levels permitting
costs;
of the lots and the sale of the
(111) finance the lease
establishing for a
dwelling units under contracts (25) years and an
repayment period of twenty-five balance of 8% per
interest rate on the outstanding
and 6%
annum for lots located in Port-au-Prince cities; and
for lots located in other
per annum
of the dwelling units a
(iv) obtain from the purchasers
mortgage guarantee.
with the Asso-
(b) EPPLS shall review, in coordination 1, 1983, and if required
each year, starting on October
to the
ciation,
revise, in a manner satisfactory
(a)
by the Association
rates referred to in paragraph
Association, the interest
(111) of this Section.
included
of the facilities
Section 2.09. Upon construction shall transfer, under contractual
in Part B of the Project, EPPLS the Association, such facilities,
arrangements satisfactory to
the dwelling units a
(iv) obtain from the purchasers
mortgage guarantee.
with the Asso-
(b) EPPLS shall review, in coordination 1, 1983, and if required
each year, starting on October
to the
ciation,
revise, in a manner satisfactory
(a)
by the Association
rates referred to in paragraph
Association, the interest
(111) of this Section.
included
of the facilities
Section 2.09. Upon construction shall transfer, under contractual
in Part B of the Project, EPPLS the Association, such facilities,
arrangements satisfactory to
XXI
<LE MONITEUR>
No. 41-A Jeudi 23 juin 1983.
to the Borrower's
related infrastructure and equipment,
mainand its
for their operation and
agencies which will be responsible
tenance.
ARTICLE III
and Operations of EPPLS
Management
and
3.01. EPPLS shall carry on its operations
Section
accordance with sound administrative,
conduct its affairs in
under the supervision of
financial, and engineering practices assisted by competent staff
qualified and experienced management
in adequate numbers.
shall at all times operate and maintain
Section 3.02. EPPLS
other
and from time
machinery, eçuipment and
property,
and reits plant,
make all necessary repairs
time,
as needed,
and
to
promptly
accordance with sound engineering
newals thereof, all in
financial practices.
with
shall take out and maintain
Section 3.03. EPPLS
satisfactory to
responsible insurers, or make other provisions such risks and in such
for, insurance against
the Association
with appropriate practice.
amounts as shall be consistent
forward to the Association, for
Section 3.04. EPPLS shail
amount equivalent to one
investment plans in an
review, any
or more.
million dollars ($1,000,000)
ARTICLE IV
Financial Covenants
maintain records adequate to
'Section 4.01. EPPLS shall
maintained appropriate
with consistently
reflect, in accordance
and financial condition.
accounting practices, its operations
Section 4.02. EPPLS shall:
accounts for Parts B
establish and maintain separate
(a)
and C of the Project;
(including the separate accounts
(b) have its accounts of this Section) and financial
referred to in paragraph (a)
of income and. expenses and
statements (balance sheets, statements fiscal year audited, in accordance
related statements) for each
consistently applied, by
auditing principles
with appropriate
acceptable to the Association;
independent auditors
but in
as soon as available,
(c) furnish to the Association after the end of each such
case not later than four months
referred to
any
certified copies of the separate accounts
for
year, (1)
Section and its financial statements
in paragraph (a) of this
a certified copy of the report
such year as so audited, and (ii) of such scope and in such detail
of such audit by said auditors,
requested; and
shall have reasonably
as the Association
, by
auditing principles
with appropriate
acceptable to the Association;
independent auditors
but in
as soon as available,
(c) furnish to the Association after the end of each such
case not later than four months
referred to
any
certified copies of the separate accounts
for
year, (1)
Section and its financial statements
in paragraph (a) of this
a certified copy of the report
such year as so audited, and (ii) of such scope and in such detail
of such audit by said auditors,
requested; and
shall have reasonably
as the Association
No. 41-A - Jeudi 23 juin 1983:
KLE MONITEUR>
XXII,
Association such other information
(d) furnish to the
statements, records and
financial
concerning said accounts,
audit thereof, as the Association
expenditures, as well as the
shall from time to time reasonably request.
ARTICLE V
Effective Date; Termination;
Cancellation and Suspension
shall come into force and
Section 5.01. This Agreement
Credit Agreement
the date upon which the Development
effect on
becomes effective.
of the
and all obligations
Section 5.02. (a) This Agreement shall terminate on the
Association and of EPPLS thereunder
earlier of the following two dates:
Credit Agreement
(1) the date on which the Development with its terms; or
shall terminate in accordance
after the date of this Agreement.
(11) a date 15 years
terminates in
Credit Agreement
(b) If the Development before the date specified in paragraph
accordance with its terms
shall promptly notify
(ii) of this Section, the Association
(a)
EPPLS of this event.
of this Agreement shall
Section 5.03. All the provisions notwithstanding any cancellacontinue in full force and effect Conditions.
under the General
tion or suspension
ARTICLE VI
Kiscellaneous Provisions
required or permitted to
Section 6.01. Any notice or, request
between
under this Agreement and any agreement
be given or made
this Agreement shall be in writing.
the parties contemplated by be deemed to have been duly given or
Such notice or request shall delivered by hand or by mail, telegram,
made when it shall be
to which it is required or
cable, telex or radiogram to the party such party's address hereinafter
permitted to be given or made at address as such party shall have
specified or at such other
giving such notice or making
designated by notice to the party
are:
The addresses 80 specified
such request.
For the Association:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of Anarica
duly given or
Such notice or request shall delivered by hand or by mail, telegram,
made when it shall be
to which it is required or
cable, telex or radiogram to the party such party's address hereinafter
permitted to be given or made at address as such party shall have
specified or at such other
giving such notice or making
designated by notice to the party
are:
The addresses 80 specified
such request.
For the Association:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of Anarica
XXIII
<LE MONITEUR>
No. 41-A Jeudi 23 juin 1983,
For EPPLS:
Entreprise Publique de Promotion
de Logements Sociaux
Delmas 3
Rue du Foyer, 34
Port-au-Prince, Haiti
required or permitted to be taken,
Section 6.02. Any action
to be exacuted, under this
document required or permitted
by its
and any
behalf of EPPLS may be taken or executed General
Agreement on
other person or persons as its
General Manager or such
and EPPLS shall furnish to
Manager shall designate in writing, of the authority and the
sufficient evidence
the Association
signature of each such person.
authenticated specimen
be executed in several
Section 6.03. This Agreement may
and all
of which shall be an original,
counterparts, each
collectively but one instrument:
through their
WHEREOF, the parties hereto, acting
this
IN WITNESS
authorized, have caused
representatives thereunto duly
names in the District
Agreement to be signed in their respective as of the day and year
Columbia, United States of America,
of
first above written.
ASSOCIATION
INTERNATIONAL DEVELOPMENT
/1
udila forliel
By
Regional Vice President
Latin America and the Caribbean
ENTREPRISE PUBLIQUE DE PROMOTION
DE LOGEMENTS SOCIADX
/ 110 -
By
hsstilinll
Authorized Representative
157-E
SECRETAIRERIE D'ETAT DU COMMERCE
Extrait de la requête en date du 28 décembre 1982.
ET DE L'INDUSTRIE
termes de la Loi sur les Marques de FaSERVICE DES MARQUES DE FABRIQUE
Il est certifié qu'aux la BESTFORM FOUNDATIONS,
ET DE COMMERCE
brique et de Commerce social à 38-01 47th Avenue, Long
INC. ayant son siège E.U.A. ayant pour mandataire le
Island City, N.Y. 11101, demande d'enregistrement de
156-E
Cabinet Salès, a présenté une
en date du 27 décembre 1982. la marque:
"BESTFORM"
Extrait de la requéte termes de la Loi sur les Marques de FaIl est certifié qu'aux la SYNTEX CORPORATION, ayant
à la classe 5
brique et de Commerce Bank of America Building, Ninth Floor. appartenant
son siège social à Republique de Panama, ayant pour man205-E
Calle 50, le Panama, Cabinet Salès, a présenté une demande d'enregisdataire
Extrait de la requéte en date du 18 janvier 1983.
trement de la marque:
certifié qu'aux termes de la Loi sur les Marques de
II est
Commerce RHONE POULENC SANTE, So-
"THEO-DUR"
Fabrique et de
social à les Miroirs, 18 Avenue,
ciété ayant son siège
appartenant â la classe 5
No.41-A - Jeudi 23 juin 1983
<LE MONITEUR>
XXIV
FRANCE, Représentée par Me. Jean
215-E
du 12
1983. d'Alsace, Courbevoie, demande d'enregistrement de la
Extrait de la Requête en date
janvier
P. Salès, a présenté une
certifié
termes de la Loi sue les Marques de :
II est
qu'aux MEPHA LTD. Société ayant son
marque:
Fabrique et de Commerce 4143 Dornach, Suisse, représentée
"EXTENCILLINE"
siège social à Neu-Aesch,
une demande d'enregistrepar Me.
par Me. Jean
215-E
du 12
1983. d'Alsace, Courbevoie, demande d'enregistrement de la
Extrait de la Requête en date
janvier
P. Salès, a présenté une
certifié
termes de la Loi sue les Marques de :
II est
qu'aux MEPHA LTD. Société ayant son
marque:
Fabrique et de Commerce 4143 Dornach, Suisse, représentée
"EXTENCILLINE"
siège social à Neu-Aesch,
une demande d'enregistrepar Me. Jean P. Salès, a présenté
appartenant à la classe 5
ment de la marque:
"ACTIFERRINA"
208-E; 209-E; 210-E,211-E:212-E
appartenant à la classe 5
Extrait de la requéte en date du 14 janvier 1983. de
termes de la Loi sur les Marques
Il est certifié qu'aux
DATA GENERAL CORPORAFabrique et de Commerce social à Route 9, Westboro,
TION, société ayant son siège
par Me. Jean P. Massachusetts 01581, E.U.A., représentée
des marune demande d'enregistrement
Salès, a présenté
219-E
ques:
Extrait de la requéte en date du 24 janvier 1983. de
10) NOVA
certifié qu'aux termes de la Loi sur les Marques
20) ECLIPSE
II est
la HERSHEY FOODS CORPO30) DASHER
Fabrique et de Commerce
social à Hershey, PennDATA GENERAL
RATION, société ayant son siège
Jean P. Salès, a
40)
(Marque de Service CI.37)
sylvania, E.U.A., représentée par Me. de la marque:
50) DATA GENERAL
présenté une demande d'enregistrement
partenant aux classes 9.37
"REESE'S"
ap:
appartenant à la classe 30
213-E
Extrait de la requête en date du 18 janvier 1983. de
termes de la Loi sur les Marques
Il est certifié qu'aux
TEXACO LIMITED, Société
Fabrique et de Commerce
Green, London,
ayant son siège social à 1. Knightsbridge Me. Jean P. Salès, a
S.W.1., England, représentée d'enregistrement par
de la marque:
220-E. 221-E
présenté une demande
la
en date du 24 janvier 1983. "REGENT"
Extrait de requéte termes de la Loi sur les Marques de
II est certifié qu'aux BRISTOLMYERS COMPANY,
Fabrique et de Commerce
345 Park Avenue, Newappartenant à la classe 4
société ayant son siège social à
par Me. Jean P. York, N.Y. 10154 E.U.A., représentée
des marune demande d'enregistrement
Salès, a présenté
ques:
214-E
1983. NALDECON
en date du 18 janvier
1o)
Extrait de la requéte de la Loi sur les Marques de
20) ULTRACEF
Il est certifié qu'aux termes JOSEPH E. SEAGRAM &
Fabrique et de Commerce social à 375 Park Avenue,
à la classe 5
SONS, INC., ayant son siège
Me. Jean P. appartenant
New York, N.Y., E.U.A., représentée d'enregistrement par de la marSalès, a présenté une demande
que:
ERRATUM
lire au No. 38 du Moniteur en date du 13
FourRoses
Prière de le Décret autorisant le Département des
Juin 1983, publiant des Affaires Economiques à vendre pour compFinances et
domaniaux situés aux
te de l'Etat Haitien, trois (3)terrains St Antoine. à la page 414. uonaives et à Port-au-Prince,
ce qui suit:
lère colonne, 11ème et 12ème lignes,
Palais National à Port-au-Prince, le 4 avril
Donné au
"FOUR ROSES & Device"
1983, An 180ème de l'Indépendance. appartenant à la classe 33
Grandes Antilles
Killick No. 233 - Boite Postale 1746 - Port-au-Prince, Haiti,
Presses Nationales d'Haiti - Rue Hammerton