Implementation Agreements. 1. For purposes of implementing Part 1(c) of the Project; the Recipient, through MIFAN, shall enter into one or more separate agreements with Financial Institutions (the MIFAN-Financial Institution Agreement(s)) as determined by the Recipient in accordance with the provisions of the Operational Manual), all on terms and conditions satisfactory to the Association, including, inter alia: (a) provisions to require the relevant Financial Institution to: (i) exercise due diligence and efficiency in the management of the Family Grants in accordance with sound administrative, financial, accounting, managerial and social standards; (ii) deliver Family Grants under the terms and conditions described in the Operational Manual; and (iii) prepare and furnish to the Recipient and the Association all such information as the Recipient and the Association shall request related to the Family Grants; (b) provisions to ensure that the relevant Financial Institution is in compliance with the Anticorruption Guidelines, including, inter alia: the right of the Recipient, in cause of fraud or corruption (as defined in the Anticorruption Guidelines): (i) to provide for the early termination of the MIFAN-Financial Institution Agreement, or temporarily suspend its effects, or; (ii) if applicable, require the restitution of the funds transferred to the relevant Financial Institution under the corresponding MIFAN-Financial Institution Agreement; and (c) provisions to ensure that, in case of any conflict between the terms and conditions of the MIFAN-Financial Institution Agreement and those of this Agreement, the terms and conditions of this Agreement shall prevail. 2. For purposes of implementing Part 2(b) of the Project, MIFAN shall enter into an arrangement with MINSA (the MIFAN-MINSA Implementation Arrangement) on terms and conditions satisfactory to the Association, including, inter alia: (a) provisions to require MIFAN to: (i) carry out all the financial management and procurement aspects of the activities described in Part 2(b) of the Project; (ii) provide MINSA with equipment to support MIFAN in the creation of a registry of beneficiaries of social assistance programs; and (iii) not transfer Project funds to MINSA; (b) provisions to require MINSA to: (i) support MIFAN in the carrying out of the activities described in Part of 2(b) of the Project, including, inter alia, sharing new and/or existing information related to social program beneficiaries in order to create a registry of beneficiaries of social assistance programs; and (ii) adequately use the equipment provided by MIFAN for the aforementioned purpose; (c) provisions to require MIFAN and MINSA to efficiently coordinate the carrying out of data collection and digitalization activities in order to create a registry of beneficiaries of social assistance programs; and (d) provisions to ensure that in case of any conflict between the terms and conditions of the MIFAN-MINSA Arrangement and those of this Agreement, the terms and conditions of this Agreement shall prevail. 3. For purposes of implementing Part 3 of the Project, MIFAN shall enter into an arrangement with MINED (the MIFAN-MINED Implementation Arrangement) on terms and conditions satisfactory to the Association, including, inter alia: (a) provisions to require MIFAN to: (i) carry out all the financial management and procurement aspects of the activities described in Part 3 of the Project; (ii) support MINED in the implementation of the activities described in Part 3 of the Project; (iii) transfer Project funds (including the Credit funds allocated to said Part of the Project) to MINED to finance MINED’s operating costs for carrying out the activities described in said Part of the Project; (iv) suspend and/or cancel the transfer of Project funds (including the Credit funds allocated to said Part of the Project) to MINED in case of MINED’s non-compliance of any of the obligations stipulated in the MIFAN-MINED Implementation Arrangement; and (v) monitor the appropriate use of said Project funds (including the Credit funds allocated to said Part of the Project) transferred to MINED; (b) provisions to require MINED to: (i) carry out the activities described in Part of 3 of the Project with due diligence and efficiency and in conformity with appropriate administrative, social, environmental, financial and auditing practices; (ii) exclusively use Project funds (including the Credit funds allocated to said Part of the Project) for the financing of operating costs related to the carrying out of the activities described in Part 3 of the Project; and (iii) monitor and evaluate Project outcomes and results from implementing the activities described in said Part 3 of the Project, and thereafter deliver such results to MIFAN on terms and conditions acceptable to the Association; (c) provisions to require MIFAN and MINED to efficiently coordinate the carrying out of the activities described in Part of 3 of the Project, including, inter alia, the procurement aspects and timing for procuring of the Eligible Expenditures set forth under Category (3) for implementing the activities described in such Part of the Project; and (d) provisions to ensure that in case of any conflict between the terms and conditions of the MIFAN-MINED Arrangement and those of this Agreement, the terms and conditions of this Agreement shall prevail. 4. The Recipient shall exercise its rights and carry out its obligations under each MIFAN-Financial Institution Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Financing. Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate, waive, terminate or fail to enforce any MIFAN-Financial Institution Agreement or any provision thereof. 5. In case of conflict between the terms of any MIFAN-Financial Institution Agreement and/or the MIFAN-MINED Implementation Arrangement and/or the MIFAN-MINSA Implementation Arrangement and those of this Agreement, the terms of this Agreement shall prevail.
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Sources: Financing Agreement, Financing Agreement