Annex

THE REGULATION 

On the procedure to attract and use the international grants and technical assistance in the Kyrgyz Republic

1. General provisions

1. This Regulation governs the procedure to attract and use the international grants and technical assistance coming to the Kyrgyz Republic from donors (hereinafter referred to as the Regulation).

2. This Regulation extends to the executive authorities and local governments subordinate to the Government of the Kyrgyz Republic.

3. The following definitions are used in this Regulation:

- international grants and technical assistance - types of aid donated to the Kyrgyz Republic by donors to support social and economic transformations by means of research, training, provision of experts, transfer of experience and technology, funding, equipment and other goods (property), and in the form of organizing and / or holding workshops, conferences and other events. The term “international grants and technical assistance” also refers to procurement of works, services and consulting services by donors of international grants and technical assistance;

- donors - foreign state (its administrative and territorial unit), international organization, their representative offices, or legal entities authorized by this state and by organization that provide the international grants and technical assistance;

- executing agencies – government agencies and local self-government bodies of the Kyrgyz Republic that directly receive and use the international grants and technical assistance.

4. The objective of this Regulation consists in improving the coordination, systematization, streamlining, monitoring, accounting and effective use of international grants and technical assistance coming to the Kyrgyz Republic from donors.

5. The main tasks of this Regulation are as follows:

- create a mechanism to coordinate the process of attracting and using international grants and technical assistance;

- enhance efficiency and ensure focus of the international grants and technical assistance on achieving the goals of government programs / national development strategies;

- streamline and systematize the process of attracting, monitoring and accounting / registration of the international grant and technical assistance projects;

- establish the procedure for registration of the international grant and technical assistance projects;

- ensure transparency of the process of attraction and use the international grants and technical assistance.

6. This Regulation does not extend to international grant and technical assistance projects that are directly aimed at preparing projects for public investment program coordinated by the authorized agency dealing with budget forecasting and execution, as well as to emergency humanitarian aid, assistance aimed at provision of national security, military and food aid coming to the Kyrgyz Republic from donors.

2. Mechanism for coordination of the process of attraction and use the international grants and technical assistance

7. The process to attract and use the international grants and technical assistance is coordinated by the Ministry of Economy of the Kyrgyz Republic - the authorized body engaged in economic forecasting (hereinafter referred to as the authorized body), to the extent consistent with the provisions of the legislation of the Kyrgyz Republic.

8. The authorized body shall take part in the discussion and negotiation on behalf of the Kyrgyz Republic with donors regarding issues of attracting international grants and technical assistance according to established procedure.

9. The executing agencies shall apply to donors on issues related to attraction of the international grants and technical assistance only upon agreement with the authorized body.

10. The executing agencies when submitting project proposals for approval by the authorized body shall provide information on previously implemented projects of external assistance in the relevant field and on their results.

11. The authorized body within ten working days after receiving project proposal shall provide an opinion regarding expediency or inexpediency of the project of international grant and technical assistance.

12. The opinion about expediency of the project of international grant and technical assistance shall be given by the authorized body based on the following criteria:

- compliance of the project with the priorities of socio-economic development of the Kyrgyz Republic and / or the corresponding sectoral development strategy;

- significant impact of project results on socio-economic situation in the Kyrgyz Republic;

- further sustainability of the project;

- alignment of socio-economic development of the regions;

- no duplication of project with other projects in the relevant sphere.

13. After signing project implementation agreement with the donor, the project of international grant and technical assistance shall be subject to mandatory state registration with the authorized body.

14. In case of receiving an opinion to the effect that the project is found inexpedient, the applicant / executing agency shall have the right to eliminate the comments specified in the opinion of the authorized body within 30 calendar days and re-submit the project to the authorized body.

3. The procedure for registration of the projects of the international grant and technical assistance

15. State registration of international grant and technical assistance projects shall be carried out by the authorized body.

16. For state registration of projects executing agencies shall submit the following documents to the authorized body:

- application for state registration of the project;

- copy of an opinion of the authorized body on expediency to implement a project of international grant and technical assistance;

- passport of the project prepared on the form according to Annex 1 to this Regulation in electronic and hard form;

- certified copy of the project implementation agreement signed with the donor;

- Russian translation of the agreement;

- procurement plan for goods, works and services within the framework of the project in electronic and hard form.

17. The authorized body shall review the documents submitted by the executing agencies within 10 working days from the date of receipt of the documents specified in paragraph 16 of this Regulation, and decide on state registration of the project.

18. The authorized body shall assign a registration number to the project and maintain a register of international grant and technical assistance projects, which is posted on the official website.

19. The state registration of the project shall be confirmed by the certificate of registration of the project, which is signed by an authorized person, certified by a seal and issued to the applicant / executing agency.

20. The authorized body shall deny the state registration of the project in the absence of the documents specified in paragraph 16 of this Regulation.

4. Monitoring and reporting

21. The information to be submitted by the executing agencies on quarterly basis (no later than the 15th day of the month following the reporting month) to the authorized body shall contain:

- information on implementation of activities stipulated in the terms of reference, and project implementation results achieved;

- analysis, reasons for failure to implement or unsatisfactory implementation of activities, as well as suggestions to improve project implementation efficiency.

22. After project completion, the executing agencies no later than three months from project completion date shall submit a final report on the results achieved to the authorized body in the form in accordance with Appendix 2 to this Regulation. In case of failure to submit a final report, project implementation results shall be considered unsatisfactory.

23. Project implementation results shall be taken into account by the authorized body upon issuing an opinion on expediency of the next project in the relevant field.

24. Final report on the results achieved shall be posted on the official website by the executing agency.

25. As appropriate, the authorized body may request additional information on implementation and results of the project of international grant and technical assistance.

26. The authorized body based on the information received shall conduct summary analysis, develop recommendations and measures for further process of attracting and using international grant and technical assistance. For this purpose, expert councils, working groups engaging the representatives of relevant ministries and departments, representatives of donors, non-governmental organizations, independent experts may be formed.

27. The authorized body if situation so requires, but not less than once a year, shall submit for discussion and consideration by the Coordination Council on Macroeconomic and Investment Policy under the Government of the Kyrgyz Republic summary information on the projects of grant and technical assistance implemented along with analysis, recommendations and proposals to improve efficiency of using the international grant and technical assistance.

28. In case of any problems arising during implementation of a project of international grant and technical assistance, the decision on further implementation of the project shall be made by the Coordination Council for Macroeconomic and Investment Policy under the Government of the Kyrgyz Republic.

Passport of technical assistance project

Form

Final report

Name of executing agency __________________________________________