Integrity Commitment. (i) The Borrower warrants and undertakes that it has not committed, and no person to its 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:
Integrity Commitment. The Borrower warrants that it has not committed, and no person to its present knowledge has committed, and undertakes that it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the procurement process under the Project or the execution of any contract under the Project, as described in Appendix 1, a corrupt, fraudulent, coercive or collusive practice. For the purposes of this Agreement: - “A corrupt practice is the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party”; - “A fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit, or to avoid an obligation”; - “A coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party”; - “A collusive practice is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party”. In this respect, the knowledge of any member of the PIB or PIU shall be deemed the knowledge of the Borrower. The Borrower undertakes to inform CEB if it should become aware of any fact or information suggestive of the commission of any such practice. The Borrower shall also ensure that the PIU 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 into (i) with the aim of money laundering or (ii) with the aim of financing terrorism, particularly for the benefit of any of the individuals or institutions named on the lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (available at http:/xxx.xx.xxx/xxxxxxxxx), as updated from time to time, 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 terrorism financing matters. Failure to comply with the above warranties and undertakings would constitute a breach of Article 3.3. (g) and/or Article 3.3. (h) of Chapter 3 of the Loan Regulations and may give rise to ...
Integrity Commitment. (i) The Borrower warrants and undertakes that it has not committed, and no person to its 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 Project; or
(b) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the Project to the detriment of the Borrower, including collusion between tenderers. For this purpose, the knowledge of any member of the 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
12.1 shall be deemed the knowledge of the Borrower. The Borrower undertakes 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 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.