People's Republic of China (PRC) (hereinafter referred to as the borrower) and the International Bank for Reconstruction and Development (hereinafter referred to as the World Bank) signed this agreement on1September, 1994 16. Whereas:
(a) The Borrower is satisfied with the feasibility and priority of the project described in Annex 2 to this Agreement, and the Borrower requests the World Bank to provide financial support for this project;
(b) With the assistance of the borrower, this project will be implemented or promoted by Liaoning Province (hereinafter referred to as Liaoning Province). As part of the assistance, the borrower shall provide loan funds to Liaoning according to the provisions of this agreement; and
WHEREAS, the World Bank has agreed (especially on the above basis) to provide loans to the borrower in accordance with the terms and conditions stipulated in this agreement and the project agreement signed by the World Bank and Liaoning on the same day;
Now, therefore, the parties hereto have reached the following agreement:
Article 1 General; definition
Section 65438 +0.0 1 The General Principles of the World Bank Loan and Guarantee Agreement published by the World Bank on 1985 1 month 1 and the following parts to be amended (hereinafter referred to as the General Principles) constitute an integral part of this agreement.
Delete the last sentence of Section 3.02.
(b) Paragraph (k) of Section 6.02 shall be renumbered as paragraph (l), and the new paragraph (k) shall read as follows:
"(k) Under special circumstances, the withdrawal under the loan does not conform to the provisions of Article 3 of Section III of the Articles of Agreement of the World Bank."
Section 1.02 Unless the context requires otherwise, some terms in the general principles are explained in their respective texts, and the following new terms have the following definitions:
(a) "Anshan Iron and Steel Company" refers to Anshan Iron and Steel Company, which is a state-owned enterprise established with the approval of the State Council, the borrower, and operates according to the business licenseNo. 24-24 14200 1 issued by Anshan Administration for Industry and Commerce on August 0, 1993.
"Anshan" refers to Anshan City, Liaoning Province.
(c) "AWC" refers to Anshan Sewage Company, which is a state-owned enterprise approved by Anshan Planning Commission. Its operation is based on the Articles of Association and the business license number approved by Anshan Urban Construction Bureau on August 1993 10. 1 1887 158 issued by Anshan industrial and commercial bureau on March 30th, 993.
(d) "AWC Re-loan Agreement" refers to the agreement signed by Anshan City and Anshan Sewage Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "AWC Sub-loan Agreement" includes all its annexes.
"Basic documents" refer to the articles of association and regulations mentioned in paragraphs (c), (f), (h), (k), (o), (q), (v), (aa) and (ee) of this section.
(f) "BDHC" refers to the heating center of Benxi City, which is a state-owned enterprise, established and operated according to the articles of association approved by the Planning Commission of Benxi City on March 28th, 1994, and the business license number is1966773 issued by the Industrial and Commercial Bureau of Benxi City.
(g) "BDHC Sub-loan Agreement" refers to the agreement signed by Benxi City and Benxi Heating Center according to Clause C. 1 of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "BDHC Sub-loan Agreement" includes all its annexes.
(h) "Benxi Iron and Steel" refers to Benxi Iron and Steel Company, which is a state-owned enterprise established and operated in accordance with the Articles of Association of 1992 10. The business license number is/kloc-0 issued by Benxi Industrial and Commercial Bureau on August 5, 1989.
(i) "Loan-to-Loan Agreement of Benxi Steel" refers to the agreement signed by Benxi Steel and Benxi Steel according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended from time to time. The meaning of the term "Benxi Steel Lending Agreement" includes all its annexes.
"Benxi" refers to Benxi City, Liaoning Province.
(k) "BWC" refers to Benxi Sewage Company, which is a state-owned enterprise approved by Benxi Planning Commission. Its operation is based on the Articles of Association and business license number approved by Benxi Urban Construction Bureau on 19931month 10. 1 1 966839 issued by Benxi industrial and commercial bureau on 19931month 13.
(l) "BWC Sub-loan Agreement" refers to the agreement signed by Benxi City and Benxi Sewage Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be revised at any time. The meaning of the term "BWC Sub-loan Agreement" includes all its annexes.
(m) "Category" means the exit category specified in Annex 1 Paragraph 1 of this Agreement.
"Dalian" means Dalian, Liaoning Province.
(o) "DSWC" refers to Dalian Garbage Company, which was issued by Dalian Ganjingzi District Administration for Industry and Commerce on 19931month 10 according to the articles of association approved by Dalian Urban Construction Administration on April 6, 1994.
(p) "DSWC Sub-loan Agreement" refers to the agreement signed by Dalian Municipality and Dalian Garbage Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "DSWC Sub-loan Agreement" includes all its annexes.
(q) "DWC" refers to Dalian Sewage Company, which is based on the Articles of Association approved by Dalian Urban Construction Administration on April 6, 1994 and the No.24113 issued by Dalian Shahekou District Administration for Industry and Commerce on April 6, 1993.
(r) "DWC Sub-loan Agreement" refers to the agreement signed by Dalian and Dalian Sewage Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "DWC Sub-loan Agreement" includes all its annexes.
(s) "Financial institution agreement" refers to the agreement signed by Liaoning Environmental Fund and the commercial bank mentioned in the previous paragraph according to the provisions of paragraph a. 3(a)(ii)(d) of Appendix 2 to the project agreement.
(t) "Fiscal year" means the calendar year from 1 month 1 day to 1 February1day.
"Fushun" refers to Fushun City, Liaoning Province.
(v) "FWC" refers to Fushun Sewage Company, which is a state-owned enterprise approved by Fushun Planning Commission. According to the Articles of Association of 1993 1 1 February 2, and1/kloc-0 issued by Fushun Industrial and Commercial Bureau on1September 0.
(w) "FWC Sub-loan Agreement" refers to the agreement signed by Fushun and Fushun Sewage Treatment Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended from time to time. The meaning of the term "FWC Sub-loan Agreement" includes all its annexes.
(x) "Actuator" refers to AWC, FWC, BWC, Benxi Steel, BDHC, DWC, DSWC, JWSC and JGPM "Actuator" refers to any one of them.
"Relevant project executing agency" means: (1) Anshan City, AWC; ; FWC Fushun; ; (3) Benxi, BWC, BDHC and Benxi Steel; Dalian, DWC and DSWC；; ; (v) Jinzhou, JGPM and JWSC.
(z) "Relevant part of the project" means: (i) Anshan, part A of the project; (ii) ㈡AWC, part AB of the project; (iii) ㈢AWC project a; (iv) ㈣FWC project b; (5) Benxi, part C of the project; (vi) ㈥BWC, item C (1); (7) Benxi Steel, item C (2); (viii) ㈧BDHC, item C (3); (ix) Dalian, part D of the project; (x) ㈩DWC, part D (1); DSWC(Xi), project D (3); Jinzhou, part e of the project; (XIII) JWSC, part e (1); (XIV) JGPM, part E(2) of the project; (15) Jinxi, part F(2) of the project.
(aa) "JPGM" refers to Jincheng Paper Mill, a state-owned enterprise established with the approval of Liaoning Economic System Reform Committee. Its operating basis is 1 the Articles of Association of July 1993 and1the business license No.24203000 issued by Jinzhou Industrial and Commercial Bureau on August 24th, 993.
(bb) "JPGM Sub-loan Agreement" refers to the agreement signed by Jinzhou and Jincheng Paper Mill according to paragraph C. 1 of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "JPGM Sub-loan Agreement" includes all its annexes.
(cc) "Jinxi" refers to Jinxi City, Liaoning Province.
"Jinzhou" refers to Jinzhou City, Liaoning Province.
(ee) "JWSC" refers to Jinzhou Water Supply Company, which is a state-owned enterprise. It was established and operated according to the Management Regulations approved by Jinzhou Municipal Construction Committee on 1 April 1992 10. The business license number is Jinzhou Industrial and Commercial Bureau on 19931month.
(ff) "JWSC Sub-loan Agreement" refers to the agreement signed by Jinzhou and Jinzhou Water Supply Company according to paragraph C. 1 of Annex 2 of the project agreement, which may be revised at any time. The term "JWSC Sub-loan Agreement" includes all its annexes.
(gg) "LEF" refers to the Environment Fund, which was established by Liaoning in accordance with paragraph h. 1(a) of Annex 2 of the project agreement.
(hh) "LEF Sub-loan Agreement" refers to the agreement signed by Liaoning and the Environment Fund according to paragraph h. 1(b) of Annex 2 of the project agreement, which may be amended at any time. The meaning of the term "LEF Sub-loan Agreement" includes all its annexes. "LEF Lending" refers to the loan provided under the LEF Lending Agreement.
(2) "LEBB" means Liaoning Provincial Environmental Protection Bureau.
(jj) "Liaoning" means the administrative province of the borrower.
"national emission standard" means no. Gb8978-88 Comprehensive Standard for Sewage Discharge issued by the borrower's State Environmental Protection Bureau.
(ll) "Participating enterprises" refers to enterprises that prepare or provide secondary loans for environmental fund pollution control.
(mm) "Sewage charges" refers to the sewage charges levied according to the decision on sewage charges in DocumentNo. [1993] No.87 jointly issued by Liaoning Provincial Price Bureau and Liaoning Provincial Department of Finance, which took effect on 1 July/993, and the decision can be revised at any time.
(nn) "Pollution control project" refers to a specific development project in Part G of the project, which is implemented by the participating enterprises with the secondary loan funds for pollution control.
(oo) "Pollution Control Subprime Loan" refers to the loan provided by the Environment Fund or to be provided to the participating enterprises for pollution control projects, which is financed by part of the loan provided to the Environment Fund according to the LEF Subprime Loan Agreement.
(pp) "Project Agreement" refers to the agreement signed by the World Bank and Liaoning Province on the same day, which may be amended at any time. The meaning of the term project agreement includes all its annexes and supplementary agreements.
(qq) "Each project city" refers to Anshan, Benxi, Dalian, Fushun and Jinzhou; "Project City" refers to any one of them.
(rr) "Sub-loan Agreement" refers to the general terms of sub-loan agreements of AWC, BDHC, Benxi Steel, BWC, DSWC, DWC, FWC, JGPM and JWSC; "Sub-loan Agreement" means any one of them; "Sub-loan" refers to the loan provided according to the sub-loan agreement.
(ss) "Special Account" refers to the account mentioned in Section 2.02, paragraph B of this Agreement.
(tt) "Yuan" means the monetary unit of the borrower.
Article 2 Loans
Section 2.0 1 The World Bank agrees to provide the borrower with loans in various currencies with a total amount equivalent to US$ 110 million (1 10000000) according to the terms and conditions stipulated or mentioned in the loan agreement, which is the total withdrawal amount calculated by the World Bank at the borrower's exchange rate on each withdrawal date.
Section 2.02 (a) The loan fund can be drawn from the loan account according to the provisions in Appendix 1 of this Agreement and used to pay for: (i) the goods and services required by Parts A, B, C, D, E, F and H of the project described in Appendix 2 of this Agreement and should be paid from this loan fund (or will happen if the World Bank agrees). And (ii) the funds paid by the Environment Fund (if approved by the World Bank) can also be used to pay the withdrawal of the participating enterprises in the pollution control sub-loan to pay the reasonable expenses of the goods and services in the pollution control project, which should be drawn from the loan account.
(b) In order to achieve the objectives of this project, the borrower shall open and maintain a special deposit account in US dollars in a bank recognized by the World Bank on terms and conditions satisfactory to the World Bank, including properly preventing debt repayment, confiscation or seizure. The deposit and expenditure of funds in the special account shall be carried out in accordance with the provisions of Annex 4 to this Agreement.
The closing date of Section 2.03 shall be June 30th, 200 1 year, or later date specified by the World Bank. The World Bank shall immediately notify the borrower of this date.
Section 2.04 For the loan principal that has not been withdrawn, the borrower shall pay the commitment fee to the World Bank on time at the annual interest rate of three percent (three quarters of 65438 +0%).
Section 2.05(a) For the outstanding loan principal, the borrower shall pay interest on time at the interest rate of each interest period, and the interest rate of each interest period is the approved borrowing cost determined in the first half of the year plus 0.5%( 1% 1/2). On each date specified in Section 2.06 of this Agreement, the Borrower shall pay the interest arising from the unpaid loan principal in the previous interest period, which shall be calculated at the interest rate applicable during the interest period.
(b) The World Bank shall notify the borrower of the approved borrowing costs for each half year as soon as possible after the end of each half year.
As used in this section:
(i) "Interest Period" means the six-month period before each date specified in Section 2.06 of this Agreement, including the initial interest period on the date of signing this Agreement.
(2) "Approved borrowing cost" refers to the cost of the loan that the World Bank has withdrawn but has not paid off after June 30, 1982, which is reasonably determined by the World Bank and expressed as an annual percentage. The loan part of the World Bank does not include the cost of such loans or part of the loans allocated by the World Bank to the following funds: (a) the investment of the World Bank; (b) 1 July 19891The interest rate of the loan that may be issued by the World Bank in the future is not determined according to paragraph (a) of this section.
(iii) "Half a year" means the first six months or the last six months of the calendar year.
(d) If the World Bank makes the following amendments to paragraphs (a), (b) and (c)(iii) of this section on a certain day, it shall notify the borrower at least six months in advance:
"(a) For the loan principal that has been withdrawn but has not been repaid, the borrower shall pay interest on time at the quarterly interest rate, which is 0.5% (65,438+65,438+0/2) of the approved borrowing cost determined in the previous quarter. On each date specified in Article 2.06 of this Agreement, the Borrower shall pay the interest arising from the unpaid loan principal in the previous interest period, which shall be calculated according to the applicable interest rate during the interest period. "
"(b) The World Bank shall, as far as possible, notify the borrower of the approved borrowing costs for each quarter after the end of each quarter."
(c)(iii) "Quarter" refers to the three-month period starting from 1 month/day, April 1 day, July 1 day and 1 day of each calendar year.
Section 2.06 Interest and other expenses shall be paid every six months, and the delivery date shall be February 15 and August 15 of each year.
Article 2.07 The Borrower shall repay the loan principal according to the installment repayment plan specified in Annex 3 to this Agreement.
Article 3 Implementation of the Project
Section 3.0 1(a) The borrower promises to achieve the objectives of this project as stated in Annex 2 to this Agreement. Therefore, without being limited to only fulfilling any other obligations stipulated in the loan agreement, the borrower shall urge Liaoning to fulfill all obligations stipulated in the project agreement, and shall carry out or urge all necessary or appropriate activities, including providing funds, facilities, services and other resources to
(b) The borrower shall provide loan funds to Liaoning according to the satisfactory arrangement of the World Bank, including but not limited to the following terms:
(i) Calculate the principal amount repaid by Liaoning according to the equivalent US dollars (determined by the payment date or relevant date of the loan account or special account), and its value is equal to one or more currencies of the goods and services paid with the loan funds.
(ii) The repayment period of the principal provided under the above conditions is fifteen years, including a grace period of five years.
(iii) Interest will be paid at 70% of the interest rate applicable to this loan as determined from time to time in Section 2.05 of this Agreement, for the principal withdrawn from time to time but not repaid according to the above terms, and
(iv) For the principal provided under the above conditions that has not been withdrawn, the commitment fee will be paid at the annual interest rate of three percent (three quarters of 65438 +0%).
Section 3.02 In order to promote the realization of the project objectives, the borrower shall take all necessary measures to ensure that Angang implements the time-sharing action plan accepted by the World Bank, improve its production technology, improve its water use efficiency, and reduce the level and concentration of waste discharged into the air and water by its facilities.
Section 3.03 Unless otherwise agreed by the World Bank, all goods procurement, civil engineering and consulting services required by the project and paid by the loan fund shall be handled in accordance with the provisions of Annex 1 of the project agreement.
Section 3.04 The Borrower and the World Bank hereby agree that the obligations stipulated in Sections 9.04, 9.05, 9.06, 9.07, 9.08 and 9.09 of the General Principles (involving insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, etc.). ) shall be borne by Liaoning in accordance with Section 2.03 of the Project Agreement.
Article 4 Financial contracts
Section 4.0 1(a) For all expenses incurred by withdrawing from the loan account according to the expense statement, the borrower shall:
(i) Keep or cause to be kept records and accounts reflecting these expenditures in accordance with sound accounting practices;
(ii) Ensure that all records (contracts, orders, invoices, bills, receipts and other documents) supporting these expenditures are kept for at least one year after the World Bank receives the audit report of the fiscal year in which the loan account was last withdrawn; and
(iii) Enable bank representatives to inspect these records.
The Borrower shall:
(i) The independent auditor recognized by the World Bank shall audit all kinds of records and accounts mentioned in paragraphs (a) and (i) of this section, including special accounts, in each financial year in accordance with the appropriate auditing principles that have always been applied;
(ii) As soon as possible (but in any case not later than six months after the end of each financial year), provide the World Bank with the audit reports prepared by the above-mentioned auditors according to the scope and detail reasonably required by the World Bank, including the independent audit opinions issued by the above-mentioned auditors on the expense statements submitted during the financial year, and whether the procedures and internal controls for preparing these expense statements can be used as the basis for withdrawal; and
(iii) Provide the bank with other information about the above records, accounts and documents, such as auditing them, when the bank makes reasonable requests from time to time.
Article 5 Remedial measures of the World Bank
Section 5.0 1 According to Section 6.02 of the General Principles (1), the following supplementary items are specially stipulated:
(a) Liaoning failed to fulfill any obligations stipulated in the project agreement.
(b) Due to special circumstances caused by events after the signing of this loan agreement, it is impossible for Liaoning to fulfill its obligations stipulated in the project agreement.
(c) Any signatory to the Global Environment Facility Agreement for Financial Institutions or any sub-prime loan agreement fails to fulfill its obligations under the agreement.
d）？ Excuse me? What's the matter with you, brother? ┗ ┗ ┗ ┗ ┗ ┗ ┗ ┗ ┗ ┗? Why is the lonely male crab scratching at plaque? /p & gt；
(e) The Borrower, Liaoning or any government with jurisdiction takes any action to dissolve or cancel any executing agency or suspend the operation of these entities.
Section 5.02 according to paragraph (h) of section 7.0 1 of the general principles, the following supplementary items are specially stipulated:
(a) The situation described in paragraph (a) or (c) of Section 5.0 1 of this Agreement occurs and continues to exist within 60 days after the World Bank sends a notice to the borrower.
(b) The circumstances described in paragraph (d) or (e) of Section 5.0 1 of this Agreement occur.
Article 6 Effective date; stop
Within the meaning of paragraph (c) of section 12.0 1 of the General Principles, section 6.0 1 stipulates the following clauses as additional conditions for the effectiveness of this loan agreement:
(a) The signatories have signed the sub-loan agreement.
(b) Liaoning has hired consultants to implement parts H (1) and H(2) of the project according to Annex1Part II of the project agreement.
Section 6.02 specifies the following supplementary items within the meaning of section 12.02 (c) of the General Principles, which will be included in the legal opinions or legal opinions provided to the World Bank:
(a) The project agreement has been formally approved or approved by Liaoning, so its terms are legally binding on Liaoning.
(b) The sub-loan agreement has been formally approved or approved by its signatory, so its terms are legally binding on the above-mentioned signatory.
Section 6.03 It is hereby determined that ninety (90) days after the signing of this Agreement is the date required by Section 12.04 of the General Principles.
Article 7 The borrower's representative; address
Section 7.0 1 For the purpose of section 1 1.03 of the General Principles, the finance minister of the borrower is specially designated as the borrower's representative.
7.02 For the purpose of section 1 1.0 1 of the General Principles, the following addresses have been specified:
Borrower:
People's Republic of China (PRC) (China)
Beijing 100820
Sanlihe finance department