Structure and Establishment. The Government will establish MCA-Nepal as a development board through passage of a formation order approved by the Council of Ministers and published in the Nepal Gazette. Development boards are independent and flexible entities, and are commonly used in Nepal to implement a variety of projects including foreign grant or loan-funded projects. MCA-Nepal will have full decision-making autonomy, including, inter alia, the ability, without the consent or approval of any other party, to: (i) enter into contracts in its own name, (ii) xxx and be sued, (iii) establish an account in a financial institution in the name of MCA-Nepal and hold MCC Funding in that account, (iv) expend MCC Funding, (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents, and (vi) competitively engage one or more auditors to conduct audits of its accounts. The governance of MCA-Nepal will be set forth in more detail in the Program Implementation Agreement, the formation order and internal regulations of MCA-Nepal (“Internal Regulations”) or as otherwise agreed in writing by the Parties. The Internal Regulations will be in accordance with the Governance Guidelines. MCA-Nepal will be administered, managed and supported by the following bodies: a board of directors (the “Board of Directors”), a management unit (the “Management Unit”), and one or more Stakeholders Committees. MCA-Nepal will use various Government entities to help implement the Projects.
Structure and Establishment. The Government will establish an accountable entity, MCA-Benin II, as an autonomous entity of public nature and utility under the laws of Benin. MCA-Benin II will not be under the control of any state controlling body and it will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) sue and be sued; (iii) establish a bank account in its own name; (iv) expend MCC Funding and the Government Contribution; and
Structure and Establishment. The Government established an accountable entity, MCA-Georgia, as a legal entity of public law under the laws of Georgia. MCA-Georgia will act as the Government’s permitted designee under the Compact. MCA-Georgia is not under the control of any state controlling body and it will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) sue and be sued; (iii) establish a bank account in its own name;
Structure and Establishment. The Government will establish an accountable entity, MCA-Liberia, as a legal, independent and autonomous agency of the Government under the laws of Liberia. MCA-Liberia will not be under the control of any state controlling body and it will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) xxx and be sued; (iii) establish a bank account in its own name; (iv) expend MCC Funding and (v) engage contractors, consultants and/or grantees, including, without limitation, a procurement and fiscal agent. The Government will include MCA-Liberia with respect to the Government’s coordination of bilateral or multilateral development assistance projects related to the Program. MCA-Liberia’s internal operations will be governed by the act establishing it and by its bylaws, each in form and substance satisfactory to MCC. MCA-Liberia will be administered, managed, and supported by the following bodies: (A) a board of directors (the “Board”); (B) a management team and (C) one or more Stakeholders Committees (as defined below).
Structure and Establishment. The Government agrees to establish an accountable entity, MCA-Côte d’Ivoire, as a special independent entity. MCA-Côte d’Ivoire agrees to be the Government’s primary agent responsible for exercising the Government’s right and obligations to oversee, manage, and implement the Program and Projects. MCA-Côte d’Ivoire will not be under the control of any state controlling body and it will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) xxx and be sued; (iii) establish a bank account in its own name; (iv) expend MCC Funding and any contributions from the Government; and (v) engage contractors, consultants and/or grantees, including, without limitation, procurement and fiscal agents. The Government agrees to include MCA-Côte d’Ivoire with respect to the Government’s coordination of bilateral or multilateral development assistance projects related to the Program. MCA-Côte d’Ivoire’s internal operations will be governed by a formation decree (“Ordinance”) issued by the President of Côte d’Ivoire, which will then be adopted by Côte d’Ivoire’s National Assembly or such similar process. After its formation, MCA-Côte d’Ivoire agrees to adopt its bylaws. Both the Ordinance and bylaws will each be in form and substance satisfactory to MCC. MCA-Côte d’Ivoire agrees to be administered, managed, and supported by the following bodies:
Structure and Establishment. The Government established an accountable entity, MiDA, in 2006 as a Ghanaian government corporation with independent authority under the laws of Ghana. MiDA will act as the Government’s permitted designee under this Compact. MiDA will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) sue and be sued; (iii) establish a bank account in its own name; (iv) expend MCC Funding; and (v) engage contractors, consultants and/or grantees, including, without limitation, a procurement and fiscal agent. MiDA’s internal operations are governed by a charter, which was required as part of the governmental decree establishing MiDA and by bylaws, which provide further detail on the internal operations of MiDA. MiDA is administered, managed, and supported by the following bodies: (i) an independent board of directors (the “Board”); (ii) a management team (the “Management Team”); and (iii) one or more Stakeholders Committees (as defined below).
Structure and Establishment. The Government will establish an accountable entity, MCA-El Salvador, as an autonomous entity of public nature and utility under the laws of El Salvador. MCA-El Salvador will not be under the control of any state controlling body and it will have operational and legal independence, including, inter alia, the ability to (i) enter into contracts in its own name; (ii) xxx and be sued; (iii) establish a bank account in its own name; (iv) expend MCC Funding and the Government Contribution; and (v) engage contractors, consultants and/or grantees, including, without limitation, a procurement and fiscal agent. The Government will include MCA- El Salvador with respect to the Government’s coordination of bilateral or multilateral development assistance projects related to the Program. MCA-El Salvador’s internal operations will be governed by the law creating it, and by bylaws issued by Presidential decree, which will provide further detail on the internal operations of MCA-El Salvador, each in form and substance satisfactory to MCC. MCA-El Salvador will be administered, managed, and supported by the following bodies: (i) a board of directors (the “Board of Directors”); (ii) a management team; and (iii) one or more Stakeholders Committees (as defined below).
