Common use of Integrity Clause in Contracts

Integrity. (i) The Borrower and the Agent warrant and undertake that they have not committed, and no person to their present knowledge has committed, any of the following acts and that they will not commit, and no person, with their consent or prior knowledge, will commit any such act, that is to say: a) the offering, giving, receiving or soliciting of any improper advantage to influence the action of an person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with the SME and Priority Projects; or b) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the SME and Priority Projects to the detriment of the Borrower, including collusion between tenderers. For this purpose, the knowledge of any Minister of the Borrower, any State Secretary of the Borrower, any Assistant Minister of the Borrower, any Advisor to a Minister of the Borrower or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Borrower and the knowledge of any member of the Executive Board and the Council of Governor, the Council and the Governor of the National Bank of Serbia or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Agent. The Borrower and the Agent undertake to inform the Bank if they should become aware of any fact or information suggestive of the commission of any such act. (ii) The Borrower and the Agent will institute, maintain and comply with internal procedures and controls in compliance with applicable national laws and best practices, for the purpose of ensuring that no transaction is entered with, or for the benefit of, any of the individuals or institutions named on updated lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (xxx.xx.xxx/xxxxxxxxx) and/or by the Council of the EU pursuant to its Common Positions 2001/931/CSFP and 2002/402/CSFP and their related or successor resolutions and/or implementing acts in connection with financing of terrorism matters. The Borrower and the Agent shall take, within a reasonable timeframe, appropriate measures in respect of any member of its management bodies who has been convicted by a final and irrevocable court ruling of a Criminal Offence perpetrated in the course of the exercise of his/her professional duties, in order to ensure that such member is excluded from any Borrower’s activity in relation to the Loan.

Integrity. (i) The Borrower and the Agent warrant and undertake that they have not committed, and no person to their present knowledge has committed, any of the following acts and that they will not commit, and no person, with their consent or prior knowledge, will commit any such act, that is to say: a) the offering, giving, receiving or soliciting of any improper advantage to influence the action of an person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with the SME and Priority Projects; or b) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the SME and Priority Projects to the detriment of the Borrower, including collusion between tenderers. For this purpose, the knowledge of any Minister of the Borrower, any State Secretary of the Borrower, any Assistant Minister of the Borrower, any Advisor to a Minister of the Borrower or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Borrower and the knowledge of any member of the Executive Board and the Council of Governor, the Council and the Governor of the National Bank of Serbia or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Agent. The Borrower and the Agent undertake to inform the Bank if they should become aware of any fact or information suggestive of the commission of any such act.act.‌‌‌‌‌‌ (ii) The Borrower and the Agent will institute, maintain and comply with internal procedures and controls in compliance with applicable national laws and best practices, for the purpose of ensuring that no transaction is entered with, or for the benefit of, any of the individuals or institutions named on updated lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (xxx.xx.xxx/xxxxxxxxx) and/or by the Council of the EU pursuant to its Common Positions 2001/931/CSFP and 2002/402/CSFP and their related or successor resolutions and/or implementing acts in connection with financing of terrorism matters. The Borrower and the Agent shall take, within a reasonable timeframe, appropriate measures in respect of any member of its management bodies who has been convicted by a final and irrevocable court ruling of a Criminal Offence perpetrated in the course of the exercise of his/her professional duties, in order to ensure that such member is excluded from any Borrower’s activity in relation to the Loan.

Integrity. (i) The Borrower and the Agent warrant and undertake that they have not committed, and no person to their present knowledge has committed, any of the following acts and that they will not commit, and no person, with their consent or prior knowledge, will commit any such act, that is to say: a) : the offering, giving, receiving or soliciting of any improper advantage to influence the action of an person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with the SME and Priority Projects; or b) or any act which improperly influences or aims improperly to influence the procurement process or the implementation of the SME and Priority Projects to the detriment of the Borrower, including collusion between tenderers. For this purpose, the knowledge of any Minister of the Borrower, any State Secretary of the Borrower, any Assistant Minister of the Borrower, any Advisor to a Minister of the Borrower or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Borrower and the knowledge of any member of the Executive Board and the Council of Governor, the Council and the Governor of the National Bank of Serbia or the officer mentioned in Article 12.01 shall be deemed the knowledge of the Agent. The Borrower and the Agent undertake to inform the Bank if they should become aware of any fact or information suggestive of the commission of any such act. (ii) . The Borrower and the Agent will institute, maintain and comply with internal procedures and controls in compliance with applicable national laws and best practices, for the purpose of ensuring that no transaction is entered with, or for the benefit of, any of the individuals or institutions named on updated lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (xxx.xx.xxx/xxxxxxxxx) and/or by the Council of the EU pursuant to its Common Positions 2001/931/CSFP and 2002/402/CSFP and their related or successor resolutions and/or implementing acts in connection with financing of terrorism matters. The Borrower and the Agent shall take, within a reasonable timeframe, appropriate measures in respect of any member of its management bodies who has been convicted by a final and irrevocable court ruling of a Criminal Offence perpetrated in the course of the exercise of his/her professional duties, in order to ensure that such member is excluded from any Borrower’s activity in relation to the Loan.