project preparation facility - world bank · the ppa complements other bank methods of assisting...

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OP 8.10 July 2008 Page 1 of 3 (Revised November 2011) These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject. Note: OP and BP 8.10 replace the version dated February 2002. They were updated in November 2011 to reflect the provisions of Review of Operational Policy Waivers (R2011-0184), July 26, 2011. They apply to all PPA Agreements that were signed after July 10, 2008. For guidance on, and answers to, specific questions about the Project Preparation Facility, staff should contact [email protected] . Project Preparation Facility 1. The Bank 1 may make a Project/Program Preparation Advance (PPA) from the Project Preparation Facility (PPF) to a prospective borrower to finance: (a) preparatory activities for investment operations, including preliminary and detailed designs and limited initial implementation activities; and (b) preparation of programs to be supported by development policy lending operations. 2. The following can be recipients of a PPA: (a) in the case of PPAs made by IDA, a member country or regional organization 2 ; and (b) in the case of PPAs made by IBRD, any IBRD-eligible borrower. 3 If the IBRD borrower is not a member country, the member country’s guarantee of the repayment of the PPA is required. The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation and retroactive financing. 4 3. A PPA is made only when there is a strong probability that a Bank loan will be made to the PPA recipient for the operation under preparation. However, granting the PPA does not commit the Bank to finance any portion of the operation. The PPA is designed to be refinanced out of the proceeds of the loan for whose preparation the PPA is granted or, if the loan does not materialize, to be refinanced or repaid as provided in paragraph 8. The PPA is made in US dollars and carries interest on IBRD fixed spread terms or charges on IDA credit or IDA grant terms, depending on the country’s borrowing status. 5 Payment of interest or service charges, 1 “Bank” includes IBRD and IDA, “loans” includes IDA credits and IDA grants, and “borrower” includes recipient of an IDA credit or grant. 2 A regional organization may receive a PPA if the project will be financed through an IDA grant to such regional organization. 3 See OP 7.00 , Lending Operations: Choice of Borrower and Contractual Agreements. 4 For grants, see OP /BP 8.45, Grants; and for retroactive financing, see BP 6.00 , Bank Financing. 5 When the operation is likely to be financed with a blend of IBRD and IDA funds, the PPA is normally granted on IDA terms and refinanced out of the proceeds of the IDA credit or grant, in accordance with the policy that IDA funds are normally disbursed first. See OP 3.10, Annex D , IBRD/IDA and Blend Countries: Per Capita Incomes, Lending Eligibility and Repayment Terms. Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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Page 1: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 8.10

July 2008

Page 1 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

Note: OP and BP 8.10 replace the version dated February 2002. They were updated in November 2011 to reflect the

provisions of Review of Operational Policy Waivers (R2011-0184), July 26, 2011. They apply to all PPA Agreements

that were signed after July 10, 2008. For guidance on, and answers to, specific questions about the Project

Preparation Facility, staff should contact [email protected].

Project Preparation Facility

1. The Bank1 may make a Project/Program Preparation Advance (PPA) from the Project

Preparation Facility (PPF) to a prospective borrower to finance:

(a) preparatory activities for investment operations, including preliminary and detailed

designs and limited initial implementation activities; and

(b) preparation of programs to be supported by development policy lending operations.

2. The following can be recipients of a PPA:

(a) in the case of PPAs made by IDA, a member country or regional organization2; and

(b) in the case of PPAs made by IBRD, any IBRD-eligible borrower.3 If the IBRD

borrower is not a member country, the member country’s guarantee of the repayment

of the PPA is required.

The PPA complements other Bank methods of assisting project or program preparation, such as

trust fund grants for project/program preparation and retroactive financing.4

3. A PPA is made only when there is a strong probability that a Bank loan will be made to

the PPA recipient for the operation under preparation. However, granting the PPA does not

commit the Bank to finance any portion of the operation. The PPA is designed to be refinanced

out of the proceeds of the loan for whose preparation the PPA is granted or, if the loan does not

materialize, to be refinanced or repaid as provided in paragraph 8. The PPA is made in US

dollars and carries interest on IBRD fixed spread terms or charges on IDA credit or IDA grant

terms, depending on the country’s borrowing status.5 Payment of interest or service charges,

1 “Bank” includes IBRD and IDA, “loans” includes IDA credits and IDA grants, and “borrower” includes recipient of an IDA

credit or grant. 2 A regional organization may receive a PPA if the project will be financed through an IDA grant to such regional

organization. 3 See OP 7.00, Lending Operations: Choice of Borrower and Contractual Agreements. 4 For grants, see OP/BP 8.45, Grants; and for retroactive financing, see BP 6.00, Bank Financing. 5 When the operation is likely to be financed with a blend of IBRD and IDA funds, the PPA is normally granted on IDA terms

and refinanced out of the proceeds of the IDA credit or grant, in accordance with the policy that IDA funds are normally

disbursed first. See OP 3.10, Annex D, IBRD/IDA and Blend Countries: Per Capita Incomes, Lending Eligibility and

Repayment Terms.

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Page 2: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 8.10

July 2008

Page 2 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

where applicable,6 is deferred until the PPA is refinanced out of the proceeds of the loan or other

repayment terms take effect.

4. The Bank determines the PPF's total commitment authority and the ceiling on individual

advances. One or more PPAs may be made for the operation at any stage before the Bank

approves the loan, up to an aggregate maximum amount of (a) US$5 million for operations made

under OP 8.00, Rapid Response to Crises and Emergencies; or (b) US$3 million for all other

operations or for each loan in a regional operation.

Refinancing/Repayment

5. The PPA Agreement between the PPA recipient and the Bank spells out the purposes,

terms, and conditions of the PPA and specifies a date by which the advance is to be refinanced or

the repayment process initiated.7 The refinancing date is the expected date of effectiveness of the

Loan Agreement to be made for the operation under preparation. After this date, no withdrawals

of the advance are made, and any unwithdrawn amount of the advance is canceled. If the Loan

Agreement has not become effective within two years following the date of PPA approval,8 a

later refinancing date may be agreed between the PPA recipient and the Bank. Extension of the

refinancing date beyond four years following PPA approval requires RVP approval. If the loan

for which the PPA was made is unlikely to materialize by the refinancing date, the PPA may be

refinanced out of the proceeds of any other loan to or guaranteed by the PPA recipient for which

the Loan Agreement becomes effective by the refinancing date.

6. To refinance the PPA, an amount sufficient to cover the principal amount of the advance

plus any applicable estimated accrued interest or service charges is allocated in a separate

disbursement category in the Loan Agreement providing for the Bank loan. Any excess amount

remaining in this category after refinancing the PPA may be reallocated to other disbursement

categories in the disbursement schedule of the Loan Agreement.

7. Further disbursements for continuing PPA activities that have been included as eligible

for financing under the loan are made against the appropriate disbursement categories in the

Loan Agreement.

8. If no Loan Agreement providing for the refinancing of the PPA has become effective by

the refinancing date (including any extensions), the following apply:

(a) If the PPA recipient was an IBRD borrower or an IDA country eligible to receive

IDA credits9 on the PPA approval date, it is required to repay the PPA (together with

6 If, on the date of approval of the PPA, the PPA recipient is eligible only to receive IDA Grants, the PPA does not carry

service charges. See OP 3.10, Annex D, IBRD/IDA and Blend Countries: Per Capita Incomes, Lending Eligibility and

Repayment Terms. 7 A Guarantee Agreement is also concluded between the Bank and the member country when the PPA is extended to an IBRD

borrower that is not a member country. 8 Approval is determined as the date of signature by the Country Director of the PPA Agreement. 9 ACTCF sends the notice of how the PPA will be repaid.

Page 3: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 8.10

July 2008

Page 3 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

any applicable accrued interest or service charges) upon notice by the Bank in 10

approximately equal semiannual installments over a five-year period after the

refinancing date. However, if the disbursed amount of the PPA is US$50,000 or less,

the PPA recipient is required to repay it within 60 days after the Bank's notice to

repay.10

(b) If the PPA recipient was an IDA country or a regional organization eligible only to

receive IDA grants on the PPA approval date, the advance becomes a grant and is not

repaid by the recipient.

Suspension of Disbursements and Cancellation

9. The Bank may suspend disbursements11

of the PPA upon the occurrence of any of the

events of suspension specified or referred to in the PPA Agreement.12

The Bank may also request

a refund of any amount of the advance that has not been used in accordance with the provisions

of the PPA Agreement.

10. At any time after disbursements of the PPA have been suspended or an amount of the

advance has been refunded, the Bank may cancel any remaining unwithdrawn amount of the

PPA.

10 See OP 3.10, Annex D, IBRD/IDA and Blend Countries: Per Capita Incomes, Lending Eligibility, and Repayment Terms. 11 See OP/BP 13.40, Suspension of Disbursements. 12 See the Standard Conditions for Project Preparation Facility Advances, incorporated by reference in the PPA agreement.

Page 4: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

BP 8.10

July 2008

Page 1 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

Note: OP and BP 8.10 replace the version dated February 2002. They were updated in November 2011 to reflect the

provisions of Review of Operational Policy Waivers (R2011-0184), July 26, 2011. They apply to all PPA Agreements

that were signed after July 10, 2008. For guidance on, and answers to, specific questions about the Project

Preparation Facility, staff should contact [email protected].

Project Preparation Facility

1. Project/Program Preparation Advances (PPAs) are made by Bank1

management from the

Project Preparation Facility (PPF) under a special authority granted by the Executive Directors,

who determine, from time to time, the ceiling on the commitment authority of the PPF and on the

size of individual PPAs. The Managing Directors responsible for Operations make indicative

allocations to the Regions within the limits of the commitment authority and adjust them

periodically, as necessary. The Regions monitor their commitments against the indicative

allocations to ensure that the limits are observed. Since PPAs are normally refinanced out of

loans, they are carried on the books of the Bank as receivables on account of project preparation,

rather than as loans, until they are refinanced or repaid.

2. The processing of a PPA begins when the Bank receives a letter from the PPA recipient

requesting the advance and containing the following information:

(a) brief statement of the purposes of the PPA, and the expenditures it would finance;

(b) the expected period of project preparation; and

(c) a table showing local currency and U.S. dollar estimates for the items to be financed

under the PPA.

3. The country unit and the task team leader (TTL) review the recipient's proposal for a PPA

to determine:2

(a) whether the proposal is sound;

(b) whether the proposed activities are appropriate;

(c) what amount of advance would be needed, given the estimated cost of the activities;

(d) how the activities would be carried out (including procedures for procurement of

goods and services);

1 "Bank" includes IBRD and IDA, "loans" includes IDA credits and IDA grants, and "borrower" includes recipient of an IDA

credit or grant. 2 For PPAs made under OP 8.00, Rapid Response to Crises and Emergencies, staff should follow BP 8.00.

Page 5: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

BP 8.10

July 2008

Page 2 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

(e) whether the PPA should be made by IBRD or IDA (including country debt-risk

classification— green, yellow, red); and

(f) a suitable deadline for refinancing/repaying the PPA.

4. If the proposal meets the criteria set out in OP 8.10, paras. 1-3, the TTL prepares a brief

memorandum to the country director requesting approval of the PPA. The memorandum covers

the following points:

(a) a brief description of the project, its objectives, and its economic justification, and

whether it is likely to be financed by IBRD or IDA (including country debt-risk

classification—green, yellow, red);

(b) the recipient's commitment and readiness to undertake project preparation;

(c) the activities to be financed by the PPA, and their appropriateness;

(d) the refinancing date; and

(e) the procurement methods and disbursement arrangements, including the terms and

conditions of any designated account.3

5. The draft memorandum, together with a copy of the PPA recipient’s letter of request, is

sent to the finance officer, the procurement specialist, and the lawyer for their review. The

lawyer prepares the PPA Agreement, which is cleared by the TTL, the finance officer, and the

procurement specialist. The finance officer and the accounting officer/portfolio officer in the

Loan Services Group ensure that the proposed advance falls within the Regional commitment

level and assign the PPF number that is shown in the PPA Agreement.

6. The TTL sends the memorandum and two originals of the cleared PPA agreement

(including a Guarantee Agreement with the member country when the PPA is extended to an

IBRD borrower that is not a member), together with a copy of the PPA recipient’s letter of

request, to the country director for approval. The originals of the PPA Agreement(s) are signed

by the country director or other designated person4 and are sent to the recipient (and guarantor,

where applicable) for countersignature by an authorized representative of the recipient (and

guarantor, where applicable). One original fully signed version of the PPA Agreement(s) is

returned to the Bank. Upon receipt by the Bank of the countersigned original, the PPA

Agreement(s) become(s) effective in accordance with its (their) terms.5 This original is sent to

the lawyer, and a copy is sent to LOA, the Loan Services Group, and OPCS.

3 When relatively few payments are anticipated, the establishment of a designated account may not be warranted. 4 Staff should see Administrative Manual Statement 1.30, Annex C, Designation of Authorized Signatories for Instruments

Relating to Lending, Technical Assistance, and Cofinancing Operations. 5 Usually, the Letter Agreement becomes effective as of the date of countersignature.

Page 6: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

BP 8.10

July 2008

Page 3 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

Extension of Refinancing Date

7. Requests for approval of an extension of the refinancing date are made in a memorandum

that explains the rationale for the extension. The memorandum is prepared by the TTL, cleared

by the finance officer and the lawyer, and sent to the country director for approval. Extensions of

the refinancing date beyond four years following PPA approval require RVP approval.

Reporting Arrangements

8. After signing, the Region reports the agreement for a PPA in the Report to the Executive

Directors on Bank and IDA Operations and in the Monthly Operational Summary of Bank and

IDA Proposed Projects.

Page 7: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 13.00

February 2002

Page 1 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

OP and BP 13.00 replace the versions dated July 1994 and para. 2(a) of the Operational Memorandum

Responsibilities of the Managing Directors, Operations, and Regional Vice Presidents, March 11, 1996. They have been

updated in November 2011 to reflect the provisions of Review of Operational Policy Waivers (R2011-0184), July 26,

2011. They are complemented by OPCS Guidelines and OPCS Templates, available online to staff. Questions may be

addressed to [email protected].

Note: This OP applies to loans, credits, and grants of more than US$1 million under the Global Environment Facility

(GEF). It does not apply to GEF grants for projects executed by organizations identified by the GEF Council as

eligible to work with the GEF through expanded opportunities for project preparation and implementation (such

organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO); for such

operations and for GEF grants of US$1 million or less, staff should consult the GEF Executive Coordinator,

ENVGM, or refer to the GEF Operations website. For operations financed by the Multilateral Fund for the

Implementation of the Montreal Protocol (MP), see OP/BP 10.21, Investment Operations Financed by the Multilateral

Fund for the Implementation of the Montreal Protocol. For policies on the signing and effectiveness of legal agreements

for Project Preparation Facility advances, see OP/BP 8.10, Project Preparation Facility; for guarantees,

see OP/BP 14.25, Guarantees, or consult the Director, Project Finance and Guarantees Department, PSI; for World

Bank grants, including grants under the Development Grant Facility, see OP/BP 8.45, Grants, or consult the

Manager, Development Grant Facility, TFO; and for grants under trust funds, see OP/BP 14.40, Trust Funds, or

consult the Head, Trust Funds Oversight Team, TFO.

Signing of Legal Documents and Effectiveness of Loans and Credits

Signing

1. Once the Bank1approves a loan, authorized representatives of the borrower and the Bank

sign the legal agreements for the loan, subject to the following two requirements:

(a) the Bank has received from all the other signing parties satisfactory evidence of

authorizations for signature of the legal agreements; and

(b) no payments to the Bankon loans to the borrower, or on loans to or guaranteed by

the countryare overdue beyond the number of days specified in OP 13.40,

Suspension of Disbursements.

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits, IDA grants, and GEF grants to which OP 13.00 applies; and

"borrower" includes recipient of IDA and GEF grants to which OP 13.00 applies. "Legal agreements" includes, as

applicable, the Loan Agreement, Financing Agreement, Guarantee Agreement, Project Agreement, GEF Grant Agreement

for GEF grants to which OP 13.00 applies, and, in the context of signing, any other agreement to which the Bank is a party,

including the Letter on Financial and Economic Data and any other supplemental letters.

Page 8: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 13.00

February 2002

Page 2 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

Effectiveness

2. After signing, the legal agreements become effective only after the borrower furnishes to

the Bank satisfactory evidence that the borrower has met standard and special conditions of

effectiveness.2

(a) Standard conditions of effectiveness apply to all loans; they require the borrower to

show that the execution and delivery of the legal agreements on behalf of the

borrower and the guarantor, if applicable, have been duly authorized or ratified by all

necessary governmental and corporate actions.3 For a borrower that is not a member

of the Bank, the Bank may require evidence that the condition of the borrower, as

represented to the Bank at the date of signing, has undergone no material adverse

change since that date.

(b) Special conditions of effectiveness are specific to a particular loan; they pertain only

to actions that are essential for initiating the implementation of the project, or that

need to be taken early on to ensure project success.4

(c) As part of the evidence of compliance with the conditions, the Bank requires legal

opinions by counsel acceptable to the Bank (or a certificate from a competent official

of the borrower or guarantor or, where applicable, project implementing or other

entities with which the Bank has entered into a legal agreement) that the legal

agreements have been duly authorized or ratified by, and are legally binding upon, the

non-Bank parties involved. The legal opinions may also cover the legal aspects of

compliance with special conditions of effectiveness.

3. If, before the effectiveness date, any event occurs that would have entitled the Bank to

suspend the borrower's right to make withdrawals from the loan account had the Loan

Agreement been effective, the Bank may withhold the notice of effectiveness until the event

ceases to exist.5

2 Staff should refer to Sections 9.01 and 9.02 of the IBRD General Conditions for Loans and Sections 8.01 and 8.02 of the

IDA General Conditions for Credits and Grants. For GEF grants to which OP 13.00 applies, staff should refer to the

applicable provisions of the GEF Grant Agreement. 3 See OP 7.00, Lending Operations: Choice of Borrower, and Contractual Agreements, for an explanation of when the Bank

may want to enter into a legal agreement with project implementing entities or other entities that have a direct interest either

in the project or in the achievement of its objectives. For loans that involve the Bank's entering into legal agreements with

entities other than the borrower or the guarantor, additional standard conditions of effectiveness require such entities to show

that the execution and delivery of the legal agreements on behalf of each such entity have been duly authorized or ratified by

all necessary governmental and corporate actions. 4 In general, such actions should be taken before the project is presented to the Bank's Executive Directors for approval. See

also OP 7.00, Lending Operations: Choice of Borrower, and Contractual Agreements, for special conditions of effectiveness

that may involve legislative action. 5 Staff should see the IBRD General Conditions for Loans, Section 9.03 (b), and the IDA General Conditions for Credits and

Grants, Section 8.03 (b). For GEF grants to which OP 13.00 applies, staff should see the applicable provisions of the GEF

Grant Agreement.

Page 9: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

OP 13.00

February 2002

Page 3 of 3

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

Deadlines and Extension

4. No deadline for signing is specified; however, the Bank expects signing to take place as

soon as possible after loan approval.6 If the legal agreements are not signed 18 months after

approval, the Bank normally withdraws the loan.7

5. The legal agreements terminate if the conditions established for effectiveness are not met

by the date specified in the legal agreements, normally 90 days after signing, but this date does

not normally exceed 18 months after loan approval.8 However, if the borrower shows

satisfactory reasons for the delay, the Bank may set a later date on the basis of the time required

to fulfill the remaining conditions of effectiveness.9 Any action by the Bank to declare the legal

agreement(s) effective or to extend the effectiveness deadline must be taken before the expiration

of the effectiveness deadline. If the legal agreement(s) have terminated for failure to become

effective by the effectiveness deadline, the Bank may, in exceptional circumstances, agree to

reinstate the terminated legal agreement(s).

6 Commitment charges begin accruing 60 days after the date on which the Loan or Financing Agreement is signed

(see OP/BP 3.10, Loan Charges, Currencies, and Payment Terms of IBRD Loans and IDA Credits). No commitment

charges accrue on GEF grants. 7 For exceptional extensions of the signing deadline beyond the 18-month period, see BP 13.00, para.19. 8 Although commitment charges begin to accrue 60 days after signing, the Bank does not charge commitment charges for

loans that fail to become effective (see OP/BP 3.10, Loan Charges, Currencies, and Payment Terms of IBRD Loans and

IDA Credits). 9 Staff should see the IBRD General Conditions for Loans, Section 9.04, and the IDA General Conditions for Credits and

Grants, Section 8.04. For GEF grants to which OP 13.00 applies, staff should see the applicable provisions of the GEF

Grant Agreement.

Page 10: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

BP 13.00

February 2002

Page 1 of 6

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

OP and BP 13.00 replace the versions dated July 1994 and para. 2(a) of the Operational Memorandum

Responsibilities of the Managing Directors, Operations, and Regional Vice Presidents, March 11, 1996. They have been

updated in November 2011 to reflect the provisions of Review of Operational Policy Waivers (R2011-0184), July 26,

2011. They are complemented by OPCS Guidelines and OPCS Templates, available online to staff. Questions may

be addressed to [email protected].

Note: This BP applies to loans, credits, and grants of more than US$1 million under the Global Environment Facility

(GEF). It does not apply to GEF grants for projects executed by organizations identified by the GEF Council as

eligible to work with the GEF through expanded opportunities for project preparation and implementation (such

organizations include, inter alia, regional development banks and UN agencies such as FAO and UNIDO); for such

operations and for GEF grants of US$1 million or less, staff should consult the GEF Executive Coordinator,

ENVGM, or refer to the GEF Operations website. For operations financed by the Multilateral Fund for the

Implementation of the Montreal Protocol (MP), see OP/BP 10.21, Investment Operations Financed by the Multilateral

Fund for the Implementation of the Montreal Protocol. For policies on the signing and effectiveness of legal agreements

for Project Preparation Facility advances, see OP/BP 8.10, Project Preparation Facility; for guarantees,

see OP/BP 14.25, Guarantees, or consult the Director, Project Finance and Guarantees Department, PSI; for World

Bank grants, including grants under the Development Grant Facility, see OP/BP 8.45, Grants, or consult the

Manager, Development Grant Facility, TFO; and for grants under trust funds, see OP/BP 14.40, Trust Funds, or

consult the Head, Trust Funds Oversight Team, TFO.

Signing of Legal Documents and Effectiveness of Loans and Credits

Signing

1. The task team leader (TTL) consults with the country director and lawyer and the

representatives of other signing parties to arrange for signing to take place as soon as the

requirements for signing are met.1 The lawyer clears, and the TTL sends to the Corporate

Secretariat (SECPO), one initialed copy of the notice of signing that indicates the time and place

of signing.2 SECPO issues the notice of signing to all parties concerned within the Bank.

3

Preparation for Signing

2. Supplemental Letters. In preparation for signing, the lawyer finalizes the legal

agreements for signing by the representatives of the borrowing/guaranteeing member country,

borrower other than a member country, or project implementing entities. Supplemental

letters4 prepared for signing include the following: (a) for all loans, a Letter on Financial and

1 See OP 13.00, para. 1. 2 The notice is prepared electronically and available at OPCS Templates. 3 "Bank" includes both IBRD and IDA; "loan" includes IDA credit, IDA grant, and GEF grant to which BP 13.00 applies; and

"borrower" includes recipient of IDA and GEF grants to which BP 13.00 applies. "Legal agreements" includes, as

applicable, the Loan Agreement, the Financing Agreement, Guarantee Agreement, Project Agreement, and GEF Grant

Agreement for GEF grants to which BP 13.00 applies, and, in the context of signing, any other agreement to which the Bank

is a party; it also includes the Letter on Financial and Economic Data and any other supplemental letters. 4 See OP 7.00, Lending Operations: Choice of Borrower, and Contractual Agreements for additional information on

supplemental letters.

Page 11: Project Preparation Facility - World Bank · The PPA complements other Bank methods of assisting project or program preparation, such as trust fund grants for project/program preparation

BP 13.00

February 2002

Page 2 of 6

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

Economic Data5 to be signed by the representative of the borrowing/guaranteeing member

country;6 (b) for loans for which the financial condition of a borrower (other than a member

country) or party to Project Agreement or other agreement with the Bank is a material factor in

the Bank's decision to make the loan, a Letter of Representations, to be signed by a

representative of such borrower or other party;7 and (c) any special supplemental letters that are

specific to the particular loan, to be signed by the borrower, guarantor, or project implementing

entities, as appropriate.

3. Requirements for Signing. Close to the scheduled day of signing, the Loan Accounting

and Borrower Services Division (LOALA) of the Loan Department reconfirms that neither the

borrower nor the country is in default on any other Bank loan.8

Document Handling

4. The lawyer prepares the number of copies of the legal agreements needed for signing and

sends them to SECPO. SECPO certifies the copies9 and returns them to the lawyer.

5. Once the legal agreements are ready for signing, the TTL invites the borrower and other

parties to the legal agreements to the signing. If signing is to be held in the country office and

the lawyer is unable to attend, the country director, in consultation with the lawyer and TTL,

arranges for a Regional staff member to attend and obtain the required signatures. The lawyer

arranges for the legal agreements to be sent to the designated staff with instructions on the

procedures to be followed for signing.

6. At the signing, the lawyer or designated Regional staff member delivers the signed legal

agreements and the appropriate number of copies to the representatives of the borrower, the

guarantor, and any other parties to the legal agreements. The RVP, the country director, or any

other person designated by the RVP10

signs the legal agreements for the Bank. For country-

based signings not attended by the lawyer, the designated Regional staff member arranges to

return the originals of the Bank's documents to the lawyer after they have been signed.

5 See OP/BP 14.10, External Debt Reporting and Financial Statements, and OP 7.00, Lending Operations: Choice of

Borrower, and Contractual Agreements, for additional information on the Letter of Financial and Economic Data. For

samples of a Letter on Financial and Economic Data, see BP 14.10, Annexes A and B. 6 This requirement pertaining to the preparation and signature of a Letter on Financial and Economic Data does not apply to

GEF grants. 7 See OP/BP 14.10, External Debt Reporting and Financial Statements, and OP 7.00, Lending Operations, Choice of

Borrower, and Contractual Agreements for additional information on the Letter of Representations. For samples of a Letter

of Representations regarding a Borrower’s/Project Entity’s Financial Condition, see BP 14.10, Annex C. 8 See OP 13.00, para. 1(b), and BP 13.00, para. 1. 9 A certified copy of a document has the official seal of the Bank. The Corporate Secretary certifies that this document is a

true copy of the original. 10 Staff should refer to the Administrative Manual Statement 1.30, Annex C, Designation of Authorized Signatories for

Instruments Relating to Lending, Technical Assistance, and Cofinancing Operations.

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BP 13.00

February 2002

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(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

7. After the signing, the lawyer sends the originals of the Bank's legal agreements to the

Official Documents Files, conformed copies11

to the country director and the TTL, and the

certified conformed copies to LOALA, the finance officer, and SECPO.12

The country director

sends written notification to officials in the country that signing has taken place.13

8. The lawyer sends conformed copies of the legal agreements for printing, and the TTL

sends the printed copies to all the parties concerned.

9. The Board is informed through the Monthly Operational Summary that the legal

agreements have been signed.

Effectiveness

10. Early in project preparation, Bank staff address any special country requirements

pertaining to effectiveness. Proposed conditions of effectiveness are discussed during project

appraisal and described in the Project Appraisal Document or Program Document. The

conditions are agreed during negotiations.

11. The borrower and the Bank reach agreement on the nature and content of the necessary

legal opinions14

in advance of the date set for effectiveness, and preferably during negotiations.

12. Following loan approval, the TTL monitors the borrower's progress toward compliance

with the conditions of effectiveness to ensure that the legal agreements become effective as early

as possible, and not later than the specified date, usually 90 days after the signing of the legal

agreements.

13. When the country director is satisfied that the conditions have been met, the lawyer

verifies the legal aspects of compliance with the conditions of effectiveness, including the legal

opinions confirming that all the legal agreements have been duly authorized or ratified. In a note

prepared by the TTL and cleared by the lawyer, the country director informs the borrower and all

the other parties to the legal agreements that the Bank (a) accepts the required evidence of

compliance with the conditions of effectiveness, and (b) declares the legal agreements

effective.15

The notice is copied to the finance officer.16

11 Conformed copies of the documents indicate the date of signing and the signatories. 12 For GEF grants to which BP 13.00 applies, copies are also sent to the Regional GEF Coordinator and the Trust Funds

Division of the Accounting Department (ACTTF). 13 See OPCS Templates for a sample notification. 14 See OP 13.00, para. 2(c). 15 See OPCS Templates. 16 For GEF grants to which BP 13.00 applies, the notice is copied to the Regional GEF Coordinator and to ACTTF.

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BP 13.00

February 2002

Page 4 of 6

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

Delays in Signing and Effectiveness

Signing

14. The TTL monitors delays in signing and takes appropriate action to prevent delays. The

status of the loan is reported in the Monthly Operational Summary. If the legal agreements are

not signed six months after loan approval, the Region includes the loan in its Table on Signing

Date Delays17

in the Report to the Executive Directors on Bank and IDA Operations. The loan

remains in this table until it is signed or withdrawn. If the borrower does not meet the

requirements for signing before the 18-month deadline from the date of loan approval, the RVP

decides whether to (a) give the borrower additional time to sign (see para. 19), or (b) withdraw

the loan (see OP 13.00, para. 4). If the loan is withdrawn, the Board is informed through the

Monthly Operational Summary.

Effectiveness

15. If the conditions of effectiveness are not likely to be met by the original date specified in

the legal agreement, the TTL reminds the borrower that the legal agreements will terminate on

that date unless the borrower requests an extension of the deadline. If the borrower makes such a

request, the Bank considers the reasons for the delay and may establish a later effectiveness

deadline within the overall 18-month deadline. In exceptional circumstances, the country

director may, without a formal request from the borrower, authorize an extension within the

overall 18-month deadline.

16. The TTL prepares, clears with the lawyer, and submits to the country director for

signature a notice of extension of the deadline for effectiveness, together with a memorandum

describing the status of compliance and the reasons for the extension. These documents are

cleared by the lawyer and copied to the finance officer.18, 19

17. Dated Covenants. When the effectiveness deadline is extended, the Bank requires the

borrower, guarantor, and other project implementation entities to fulfill dated covenants whose

dates fall before the new effectiveness deadline. These covenants thus become conditions of

effectiveness, and the Bank may delay the issuance of the notice of effectiveness until these

covenants are complied with.20, 21

17 The table provides the name of the country, name of the project, Bank approval date, expected date of signing, and

comments. 18 See OPCS Templates. 19 For GEF grants to which BP 13.00 applies, the memorandum is copied to the Regional GEF Coordinator and ACTTF. 20 See Section 12.03 (b) of the relevant General Conditions. 21 See BP 13.05, Project Supervision, for rationale and procedures for amendments and waivers.

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BP 13.00

February 2002

Page 5 of 6

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

Board Notification

18. The Region reports extensions of the effectiveness deadline, including any exceptional

extensions or reinstatement of the agreement(s) as provided in paras.19 and 20, in the Report to

the Executive Directors on Bank and IDA Operations. If the legal agreement does not become

effective within nine months after Board approval, the Region includes the loan in its Table on

Effectiveness Date Delays in the Report to the Executive Directors on Bank and IDA

Operations. For legal agreements that terminate for failure to become effective, the table

indicates the date on which the legal agreements terminated.

Exceptional Extensions of the Signing and/or Effectiveness Deadline

19. In exceptional circumstances, a country department may wish to extend the deadline for

signing or effectiveness beyond the 18-month deadline. Before the end of the overall 18-month

period, the country director submits to the RVP for approval a memorandum, cleared with the

lawyer, proposing a final deadline for signing and/or effectiveness.22

The memorandum

(a) indicates that the borrower is still interested in proceeding with the project; (b) reviews

whether the underlying assumptions under which the loan was approved have changed

materially; and (c) details any changes that will be required to ensure the project's viability and

states when these changes will be made.

20. Exceptional Reinstatement of Terminated Agreements. Since the legal agreement(s)

terminate if no legal action is taken by the effectiveness deadline specified in them, any action by

the Bank to extend the effectiveness deadline or to declare the legal agreement(s) effective must

be taken no later than the close of business on the last business day before the deadline expires.

If the legal agreement(s) have terminated for failure to become effective by the effectiveness

deadline, the Bank may, in exceptional circumstances and in keeping with the overall 18-month

deadline (except as provided in paragraph 19), agree to reinstate the terminated legal

agreement(s). The exception is approved by the VP, OPCS, in consultation with the VP and

General Counsel, LEGVP, upon a memorandum from the RVP, cleared with the lawyer,

explaining the reasons for the delay in declaring effectiveness or extending the effectiveness

deadline before its expiration, and justifying an exceptional reinstatement of the terminated

agreement(s). The lawyer advises on the documentation and procedure for reinstating the

terminated legal agreement(s).

Changes in Conditions Prior to Signing or Effectiveness

21. If an extension of time for signing or effectiveness involves a substantial departure from

the conditions under which the loan was originally approved, the legal agreement is not signed or

declared effective until Bank approval of the new conditions is obtained.23

Following approval,

22 For GEF grants to which BP 13.00 applies, the memorandum is cleared by the Regional GEF Coordinator. 23 See BP 13.05, Project Supervision, when changes to a project require Board approval.

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BP 13.00

February 2002

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(Revised November 2011)

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subject.

the legal agreements are amended, as necessary, to reflect the new agreement with the borrower,

guarantor, and other parties involved.

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OP 13.55

July 1999

Page 1 of 1

(Revised November 2011)

These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.

OP and BP 13.55 replace the OP and BP 13.55 dated April 1994, They were revised in August 2005 to limit their

application to investment lending, updated in March 2007 to reflect issuance of OP/BP 8.00, Rapid Response to

Crises and Emergencies, and updated in November 2011 to reflect the provisions of Review of Operational Policy

Waivers (R-2011-0184), July 26, 2011. They apply to all investment loans that have a closing date after June 30,

1999. Questions may be addressed to [email protected].

Implementation Completion Reporting

1. The Bank1 evaluates completed lending operations, and it encourages cofinanciers and other

partners to participate in the process. The General Conditions provide that the borrower also evaluates

completed lending operations and reports its findings to the Bank.2

2. The Bank prepares an Implementation Completion Report (ICR) for each lending operation it

finances. The ICR, an integral part of the Bank's knowledge management systems, is a milestone in the

project cycle. It is prepared at the time of project completion, normally within 6 months after the loan

closing date unless this deadline is extended in accordance with Bank procedures.3 The ICR assesses

(a) the degree to which the project achieved its development objective and outputs as set out in the project

documents; (b) other significant outcomes and impacts; (c) prospects for the project's sustainability; and

(d) Bank and borrower performance, including compliance with relevant Bank safeguard and business

policies. It also provides the data and analysis to substantiate these assessments, and it identifies the

lessons learned from implementation.

3. The borrower prepares and provides to the Bank its own evaluation report on the project's

execution and initial operation, its cost, the benefits to be derived from the operation, the Bank's and

borrower's performance of their obligations under the Loan Agreement, and the extent to which the

purposes of the loan were achieved.4 The borrower's summary of this report (or the full report, if it is 10

pages or less) is attached unedited to the ICR. The borrower also assists the Bank in the preparation of

the ICR.5

4. An ICR is not prepared for a loan that fails to become effective or is canceled before significant

implementation is initiated. Instead, a Project Completion Note to the Board summarizes the project and

explains why it was not implemented.

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants; "borrowers" includes guarantors and public

or private subborrowers; and "project" refers to activities supported by investment loans processed under OP/BP 10.00 or

emergency operations processed under OP/BP 8.00. This OP does not apply to programs supported by development policy

loans, for which implementation completion reporting requirements are set out in OP/BP 8.60. 2 See Section 5.08 (c), IBRD General Conditions for Loans, and Section 4.08 (c), IDA General Conditions for Credits and

Grants. 3 See BP 13.55. 4 The report is normally due within 6 months after the loan closing date, as provided in the General Conditions, unless the

deadline is extended in accordance with BP 13.55. 5 If the borrower does not provide its evaluation report or summary to the Bank within six months after a written request, the

ICR may be distributed to the Executive Directors without it.

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BP 13.55

July 1999

Page 1 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

OP and BP 13.55 replace the OP and BP 13.55 dated April 1994. They were revised in August 2005 to limit their

application to investment lending, updated in March 2007 to reflect issuance of OP/BP 8.00, Rapid Response to Crises

and Emergencies, and updated in November 2011 to reflect the provisions of Review of Operational Policy Waivers

(R2011-0184), July 26, 2011. They apply to all investment loans that have a closing date after June 30,

1999. Questions may be addressed to [email protected].

Implementation Completion Reporting

Planning

1. Each Region develops an annual schedule of project1 completions and Implementation

Completion Reports (ICRs). By the end of each fiscal year, it informs the Independent

Evaluation Group (IEG) of intended ICR delivery dates for the coming year.

2. For all projects the Region plans a core accountability ICR. In addition, after consulting

with Network anchors, IEG, and borrowers, the Region selects about 30 percent of its projects

for which the analysis and processing of the core accountability ICR are to be enhanced. This

enhanced ICR is called an intensive learning ICR.2 Projects selected for an intensive learning

ICR are those that have the greatest learning potential when viewed from a wider institutional

perspective. Intensive learning ICRs cover the same areas as core accountability ICRs, but they

involve more extensive analysis and text, focusing especially on lessons learned, and substantial

consultation with stakeholders and beneficiaries. Thus intensive learning ICRs also help

disseminate project results for application to new operations.

3. The ICR is prepared at the time of project completion and is normally completed within six

months after the loan closing date.3 Extensions to this period may be exceptionally granted by

the RVP upon a written request from the country director justifying the extension. The RVP can

formally assign the approval of ICR extensions to the Operations Services Director or Strategy

Director by explicit written delegation of authority. OPCS informs the Executive Directors of

any extensions granted that are longer than six months from the original due date.

1 "Bank" includes IBRD and IDA; "loans" includes IDA credits and IDA grants; "borrowers" includes guarantors and public

or private subborrowers; and "project" refers to activities supported by investment loans processed under OP/BP 10.00 or

emergency operations or under OP/BP 8.00, Rapid Response to Crises and Emergencies. This BP 13.55 does not apply

to programs supported by development policy loans, for which implementation completion reporting requirements are set

out in OP/BP 8.60. 2 Guidance on preparing ICRs is available at ICR Guidelines. Staff preparing an ICR use the ICR database in the SAP

system. 3 For adaptable program lending (adaptable program loans and learning and innovation loans), in particular, it is important to

complete the ICR as rapidly as possible to identify lessons of experience that should be incorporated in later activities under

the program. In general, the ICR is prepared six months before the final disbursement.

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BP 13.55

July 1999

Page 2 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

ICR Preparation

4. The sector manager or team leader (TTL) selects the ICR task team (TT). For an intensive

learning ICR, the TT includes a member of the relevant thematic group from another Region. In

addition, a representative from IEG may carry out a parallel audit to validate the process and

findings.

5. The TTL prepares the ICR terms of reference (TOR), which include, inter alia, provision of

advice and support to the borrower in preparing its own contribution to the ICR.

6. The TT advises the borrower and the implementing agency about completion reporting,

requesting the borrower's contribution in writing, and about any ICR data requirements. The TT

provides a copy of the TOR to the borrower, the implementing agency, and any cofinanciers, and

invites the cofinanciers to participate in the ICR.4

7. The TT holds discussions with the borrower, the implementing agency, and beneficiaries,

and consults broadly with other stakeholders, as needed. For an intensive learning ICR, the TT

and borrower staff make arrangements, as appropriate, for a beneficiary survey and participate in

the stakeholder workshop.

8. In preparing the ICR, the TT records the views of the Bank, borrower, implementing

agency, and cofinanciers on project implementation and confirms that it has provided advice and

support to the borrower in preparing its own contribution to the ICR. For an intensive learning

ICR, the ICR incorporates the results of any beneficiary survey and the discussion at the

workshop, including the views of NGOs and other stakeholders.

ICR Clearance and Distribution

9. The TTL transmits the draft ICR to the borrower and cofinanciers for comment. The TT

incorporates these comments, as appropriate, in the ICR.

10. Once the borrower's evaluation of project implementation is received, the TTL attaches

the borrower's summary (or the full text if it is 10 pages or less) to the ICR5 and seeks Regional

comments and clearance according to Regional procedures. The project lawyer reviews any

references to (a) compliance with legal covenants and the exercise of legal remedies; (b) the

performance of specific consultants, suppliers, contractors, or individual Bank staff; and (c) other

legal issues.

4 If a cofinancier does not provide its views within six months following a written request, the ICR may be distributed to the

Executive Directors without those views. 5 In exceptional circumstances, if the borrower's report is longer than 10 pages and the borrower does not provide a summary,

the TT prepares one. If the borrower does not provide its evaluation report or summary to the Bank within six months after

a written request, the ICR may be distributed to the Executive Directors without it.

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BP 13.55

July 1999

Page 3 of 3

(Revised November 2011)

These procedures were prepared for use by World Bank staff and are not necessarily a complete treatment of the

subject.

11. Promptly upon completion of the ICR as provided in para. 3 above, the TT arranges for

printing and distribution of the ICR to the Executive Directors for information. The TT transmits

a copy of the ICR to the borrower, implementing agency, and cofinanciers.

Evaluative Note

12. For each ICR, IEG prepares an evaluative note and circulates it to Regional management

for comment.