Common use of Actions to be Taken Under the Program Clause in Contracts

Actions to be Taken Under the Program. The actions to be taken by the Recipient under the Program include the following: The Recipient's Court of Account has published its report on the implementation of the Recipient's 2008 budget law (loi des finances 2008) and the Recipient's Ministry of Finance and Budget has submitted the 2008 budget review law (loi de reglement 2008) to the Recipient's Parliament. The ARMP has endorsed a report which assesses the Recipient’s compliance with the provisions of the Procurement Code and identifies any necessary corrective measures. The Recipient has settled at least CFAF500,000,000 of arrears due to small- and medium-businesses in accordance with the Arrears Order. The Recipient has adopted: (i) a framework document for a national tracking system, and (ii) a framework document for a system of verification of the legality of timber productions, in compliance with FLEGT. The Recipient has posted on official websites its second EITI report covering years 2007, 2008 and 2009, and such report has been disseminated in the Recipient’s territory. The Recipient has adopted legislation and/or regulations on the downstream petroleum sector which: (i) set forth the respective roles and responsibilities of each of the ASRP, SOCASP and the Recipient’s Ministry of Mines and Energy (Ministère des mines et de l’énergie) in the downstream petroleum sector; and (ii) set forth the methodology for determining the price of petroleum products in the Recipient’s territory. An audit report on, inter alia, the use of funds by the ASRP has been prepared by an independent consultant(s) and endorsed by the Recipient’s Ministry of Finance and Budget. The Recipient has reduced administrative costs arising from (A) the creation of a business and (B) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx) by amending the Recipient’s Registration Code (Code de l’enregistrement) so as to reduce the registration fees in connection with: (i) the creation of a business; and (2) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx), each by at least fifty percent (50%).

Actions to be Taken Under the Program. The actions to be taken by the Recipient Borrower under the Program include the following: : 1. The Recipient's Court of Account has published its report on the implementation of the Recipient's 2008 Borrower’s budget law (loi des finances 2008) and for 2010 which shall revise the Recipient's Customs tariff regime by reducing the number of Customs tariff rates from 6 to 5, including the tariff rate “zero”, shall be enacted. 2. The Ministry of Finance and Budget has submitted the 2008 budget review law (loi de reglement 2008) to the Recipient's Parliament. The ARMP has endorsed a report which assesses the Recipient’s compliance with the provisions of the Procurement Code and identifies any necessary corrective measures. The Recipient has settled at least CFAF500,000,000 of arrears due to small- and medium-businesses Commerce shall put in accordance with the Arrears Order. The Recipient has adopted: (i) a framework document for a national tracking system, and (ii) a framework document for place a system of verification selective management of imports control based on the risks presented by the imported products and the importers in order to allow speedier controls for non-risks products and importers. 3. The Customs Authorities and the Rades Port Authorities shall make the first one-stop trade control procedures office (guichet unique) at Rades Port operational and the Ministry of Transport shall make the electronic platform (liasse transport) which shall connect all operators in the transport chain operational. 4. The Inter-Ministerial Council shall adopt an action plan to reform the regulatory framework of the legality services sectors, to be prepared on the basis of timber productions, in compliance with FLEGTa regulatory assessment to be carried out by NCS. 5. The Recipient has posted Prime Minister shall sign an executive order (arrêté) reducing by half the number of activities where operators are required to obtain a prior authorization in order to start their businesses. 6. The Inter-Ministerial Council shall adopt an action plan for the establishment of a unique common identification number for businesses to be used by the National Statistics Institute, the tax authorities and the social security authorities, based on official websites its second EITI report covering years 2007, 2008 a feasibility study to be conducted with the support of the Bank. 7. The Competition Council shall be requested by the relevant sector Ministries to conduct a regulatory and 2009competition assessment of businesses in two new sectors within the services sector. 8. The Central Bank of Tunisia shall publish statistics for 2010 that shall show a decrease in the rate of non-performing loans to fifteen percent (15%), and such report has been disseminated an increase in the Recipient’s territory. The Recipient has adopted legislation and/or regulations on the downstream petroleum sector which: (i) set forth the respective roles and responsibilities provisioning of each of the ASRP, SOCASP and the Recipient’s Ministry of Mines and Energy (Ministère des mines et de l’énergie) in the downstream petroleum sector; and (ii) set forth the methodology for determining the price of petroleum products in the Recipient’s territory. An audit report on, inter alia, the use of funds by the ASRP has been prepared by an independent consultant(s) and endorsed by the Recipient’s Ministry of Finance and Budget. The Recipient has reduced administrative costs arising from (A) the creation of a business and (B) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx) by amending the Recipient’s Registration Code (Code de l’enregistrement) so as performing loans to reduce the registration fees in connection with: (i) the creation of a business; and (2) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx), each by at least fifty seventy percent (5070%). 9. The Stock Market shall publish its annual reports that shall show an increase of the stock market capitalization to at least twenty percent (20%) of the Borrower’s Gross Domestic Product, due in particular to the increased number of privatizations implemented through the stock market. 10. The Borrower shall adopt institutional and regulatory provisions in order to improve the performance of the Borrower’s micro-finance market, to be adopted on the basis of a study to be carried out by the Ministry of Finance.

Actions to be Taken Under the Program. The actions to be taken by the Recipient under the Program include the following: 1. With respect to promoting efficiency, transparency and accountability in public resource use through public financial management and procurement reforms, the Recipient shall have: The Recipient's Court of Account has published Executed the budget for its report on the implementation of the Recipient's 2008 budget law fiscal year 2007 (loi des finances 2008) and the Recipient's Ministry of Finance and Budget has submitted the 2008 budget review law (loi de reglement 2008) subsequent fiscal years to conclude no less than six months prior to the Recipient's Parliament. The ARMP has endorsed a report which assesses the Recipient’s compliance with the provisions of the Procurement Code and identifies any necessary corrective measures. The Recipient has settled at least CFAF500,000,000 of arrears due to small- and medium-businesses Second Tranche Release Date), in accordance with its objectives and the Arrears Orderallocations of the approved budget. The Recipient has adopted: Submitted to its legislative branch, through MEF and prior to the beginning of the relevant fiscal year, a draft budget law for its fiscal year 2008 (and subsequent fiscal years up to and including such years which would begin before the Second Tranche Release Date), that in the opinion of XXX, is in conformity with the Program objectives, reflects adequate financing to support key priorities set forth in the I-PRSP (and, when completed, the PRSP) and includes a budget annex for FER. (i) a framework document Submitted to its legislative branch through MEF, the budget execution law (Loi de Règlement) for a national tracking system, and (ii) a framework document for a system of verification of the legality of timber productions, in compliance with FLEGT. The Recipient has posted on official websites its second EITI report covering years 2007, 2008 and 2009, and such report has been disseminated in the Recipient’s territory. The Recipient has adopted legislation and/or regulations on the downstream petroleum sector which: (i) set forth the respective roles and responsibilities of each of the ASRP, SOCASP and the Recipient’s Ministry of Mines and Energy (Ministère des mines et de l’énergie) in the downstream petroleum sectorfiscal year 2006; and (ii) set forth submitted, through CSCCA, to its legislative branch, and published, the methodology audit reports of the Recipient’s treasury accounts with respect to its fiscal years 2004 and 2005. Caused to be adopted by key sector ministries and public enterprises, among which the ministries responsible for determining education, health, public works and justice, EDH and APN, the price use of petroleum products standard bidding documents and the CNMP Procedure Manual, as evidenced by an independent review of the procedures of these ministries and public enterprises by an audit firm of international repute competitively selected. 2. With respect to strengthening its public sector’s human resource management and employees’ accountability, the Recipient shall have: (i) Completed through its Office of Management and Human Resources, and thereafter maintained, the update of the registry of state employees; and (ii) defined a system, the applicability and the procedures for new merit-based appointments and promotions. Adopted, and thereafter widely disseminated, an anti-corruption strategy, including a definition of institutional arrangements for the implementation of said strategy, that in the opinion of XXX, is in conformity with the Program objectives. 3. With respect to improving efficiency and transparency in public infrastructure management, the Recipient shall have: (a) From January 1, 2007 onwards, competitively procured any further contractual arrangements for the purchase of power (whether through new contracts or the modification or extension of existing contracts) for the supply of electricity to Port-au-Prince and the main provincial towns of the Recipient’s territory. An audit report on, inter aliawith due regard for environmental recommendations of the Association in the matter. (b) Completed, for a period of at least one year and ending no more than 12 months before the Second Tranche Release Date, the use Auditing Requirements in respect of funds public sector road maintenance activities and operations. 4. With respect to fostering greater civil society participation in monitoring of economic governance reforms, the Recipient shall have regularly published on the MEF website, circulated to the media, and transmitted to its legislative branch, the summaries of independent quarterly monitoring reports following their adoption by CC and discussion with MEF on the ASRP has been prepared by an independent consultant(s) and endorsed by the Recipient’s Ministry of Finance and Budget. The Recipient has reduced administrative costs arising from (A) the creation of a business and (B) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx) by amending the Recipient’s Registration Code (Code de l’enregistrement) so as to reduce the registration fees in connection with: (i) the creation of a business; and (2) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx), each by at least fifty percent (50%)progress achieved.

Actions to be Taken Under the Program. The actions to be taken by the Recipient under the Program include those set forth below, carried out in accordance with terms of reference and in a manner acceptable to the following: The Recipient's Court of Account has published its report on the implementation Association: 1. Financial Sustainability of the Recipient's 2008 budget law ’s Electricity and Hydrocarbon Sub-sectors (loi des finances 2008a) and Further partial recapitalization of SENELEC through the Recipient's Ministry transfer by the Recipient to SENELEC of Finance and Budget has submitted the 2008 budget review law Recapitalization Amount. (loi de reglement 2008b) Adjustment of SENELEC’s electricity tariffs and/or transfer by the Recipient of budgetary resources adequate to have enabled SENELEC to generate revenues in Fiscal Year 2008 equal to the Recipient's Parliament. The ARMP has endorsed a report which assesses the Recipient2008 Maximum Authorized Revenue Amount. (c) Adjustment of SENELEC’s compliance with the provisions of the Procurement Code and identifies any necessary corrective measures. The Recipient has settled at least CFAF500,000,000 of arrears due electricity tariffs so that its average electricity tariff is expected to small- and medium-businesses in accordance with the Arrears Order. The Recipient has adoptedbe sufficient to enable it to: (i) achieve a framework document for a national tracking system, and (ii) a framework document for a system debt-service coverage ratio of verification of the legality of timber productions, at least 1.2 in compliance with FLEGT. The Recipient has posted on official websites its second EITI report covering years 2007, 2008 and Fiscal Year 2009, and such report has been disseminated in the Recipient’s territory. The Recipient has adopted legislation and/or regulations on the downstream petroleum sector which: (i) set forth the respective roles and responsibilities of each of the ASRP, SOCASP and the Recipient’s Ministry of Mines and Energy (Ministère des mines et de l’énergie) in the downstream petroleum sector; and (ii) set forth produce revenues equal to its 2009 Maximum Authorized Revenue without budgetary allocations from the methodology Recipient. (d) (i) Completion of a study to: (A) simulate the impacts of the planned new electricity tariff structure for determining SENELEC, together with recommended proposed tariff levels; and (B) assess the price environmental and social impacts of the reduction of butane subsidies, together with recommended measures to mitigate any such adverse impacts; and (ii) development of an action plan for the implementation of these recommendations. 2. Governance of the Recipient’s Electricity and Hydrocarbon Sub-sectors (a) Adoption by SENELEC and SAR of procurement procedures designed to ensure the economic, efficient and transparent procurement of goods and services by each, consistent with the Recipient’s Public Procurement Code. (i) Separation of SENELEC’s activities into the following three distinct business lines each with separate accounting: (A) electricity generation; (B) electricity transmission and systems planning, and operations; and (C) electricity distribution; and (ii) adoption by the Recipient of a strategy, consistent with the Program, to facilitate participation by the private sector in the energy sector. (c) Completion of an audit by independent auditors of the internal audit functions of SENELEC and SAR, together with recommendations by the auditors for the strengthening of these functions, and development of an action plan for the implementation of such recommendations. (d) Creation of an agency to be responsible for regulating the import, refinery, storage, and distribution of petroleum products in the Recipient’s territory. An audit report on, inter alia, the use and staffing and provision of funds by the ASRP has been prepared by an independent consultant(s) financial and endorsed by the Recipient’s Ministry of Finance and Budget. The Recipient has reduced administrative costs arising from (A) the creation of a business and (B) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx) by amending the Recipient’s Registration Code (Code de l’enregistrement) so as other resources required for it to reduce the registration fees in connection with: (i) the creation of a business; and (2) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx), each by at least fifty percent (50%)carry out its regulatory functions.

Actions to be Taken Under the Program. The actions to be taken by the Recipient under the Program include the following: The Recipient's Court of Account has published : 1. With respect to promoting efficiency, transparency and accountability in public resource use through public financial management and procurement reforms, the Recipient shall have: (a) Executed the budget for its report on the implementation of the Recipient's 2008 budget law fiscal year 2007 (loi des finances 2008) and the Recipient's Ministry of Finance and Budget has submitted the 2008 budget review law (loi de reglement 2008) subsequent fiscal years to conclude no less than six months prior to the Recipient's Parliament. The ARMP has endorsed a report which assesses the Recipient’s compliance with the provisions of the Procurement Code and identifies any necessary corrective measures. The Recipient has settled at least CFAF500,000,000 of arrears due to small- and medium-businesses Second Tranche Release Date), in accordance with its objectives and the Arrears Order. The Recipient has adopted: allocations of the approved budget. (b) Submitted to its legislative branch, through MEF and prior to the beginning of the relevant fiscal year, a draft budget law for its fiscal year 2008 (and subsequent fiscal years up to and including such years which would begin before the Second Tranche Release Date), that in the opinion of XXX, is in conformity with the Program objectives, reflects adequate financing to support key priorities set forth in the I-PRSP (and, when completed, the PRSP) and includes a budget annex for FER. (i) a framework document Submitted to its legislative branch through MEF, the budget execution law (Loi de Règlement) for a national tracking system, and (ii) a framework document for a system of verification of the legality of timber productions, in compliance with FLEGT. The Recipient has posted on official websites its second EITI report covering years 2007, 2008 and 2009, and such report has been disseminated in the Recipient’s territory. The Recipient has adopted legislation and/or regulations on the downstream petroleum sector which: (i) set forth the respective roles and responsibilities of each of the ASRP, SOCASP and the Recipient’s Ministry of Mines and Energy (Ministère des mines et de l’énergie) in the downstream petroleum sectorfiscal year 2006; and (ii) set forth submitted, through CSCCA, to its legislative branch, and published, the methodology audit reports of the Recipient’s treasury accounts with respect to its fiscal years 2004 and 2005. (d) Caused to be adopted by key sector ministries and public enterprises, among which the ministries responsible for determining education, health, public works and justice, EDH and APN, the price use of petroleum products standard bidding documents and the CNMP Procedure Manual, as evidenced by an independent review of the procedures of these ministries and public enterprises by an audit firm of international repute competitively selected. 2. With respect to strengthening its public sector’s human resource management and employees’ accountability, the Recipient shall have: (i) Completed through its Office of Management and Human Resources, and thereafter maintained, the update of the registry of state employees; and (ii) defined a system, the applicability and the procedures for new merit-based appointments and promotions. (b) Adopted, and thereafter widely disseminated, an anti-corruption strategy, including a definition of institutional arrangements for the implementation of said strategy, that in the opinion of XXX, is in conformity with the Program objectives. 3. With respect to improving efficiency and transparency in public infrastructure management, the Recipient shall have: (a) From January 1, 2007 onwards, competitively procured any further contractual arrangements for the purchase of power (whether through new contracts or the modification or extension of existing contracts) for the supply of electricity to Port-au-Prince and the main provincial towns of the Recipient’s territory. An audit report on, inter aliawith due regard for environmental recommendations of the Association in the matter. (b) Completed, for a period of at least one year and ending no more than 12 months before the Second Tranche Release Date, the use Auditing Requirements in respect of funds public sector road maintenance activities and operations. 4. With respect to fostering greater civil society participation in monitoring of economic governance reforms, the Recipient shall have regularly published on the MEF website, circulated to the media, and transmitted to its legislative branch, the summaries of independent quarterly monitoring reports following their adoption by CC and discussion with MEF on the ASRP has been prepared by an independent consultant(s) and endorsed by the Recipient’s Ministry of Finance and Budget. The Recipient has reduced administrative costs arising from (A) the creation of a business and (B) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx) by amending the Recipient’s Registration Code (Code de l’enregistrement) so as to reduce the registration fees in connection with: (i) the creation of a business; and (2) the transfer of urban commercial real property (mutation d’immeubles urbains xxxxx et non-xxxxx), each by at least fifty percent (50%)progress achieved.