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Amendment to the Trust Fund Administration Agreement between the Government of Australia, acting through the Department of Foreign Affairs and Trade (formerly the Australian Agency for international Development), the International Bank for Reconstruction and Development and the International Development Association, and the United Nations Office on Drugs and Crime concerning the Stolen Asset Recovery Initiative (“StAR”) Multi-Donor Trust Fund
(Trust Fund No. TF071149)
1.Reference is made to the Administration Agreement (henceforth “Administration Arrangement”)dated June 10, 2009 among the Government of Australia, acting through the Department of Foreign Affairs and Trade (formerly the Australian Agency for International Development) (the “Donor”), the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA) (collectively, the “Bank”), and the United Nations Office on Drugs and Crime (UNODC, together with the Bank and the Donor, the “Participants” and each a “Participant”) regarding the StAR MultiDonor Trust Fund (TF071149) (the “Trust Fund”), as amended (the “Administration Agreement”). Pursuant to discussions between the Bank and the Donor, the Bank proposes to amend the Administration Arrangement as follows:
(a)All references to the “Australian Agency for International Development” and “AusAID” are replaced with the “Department of Foreign Affairs and Trade” and “DFAT”.
(b)All references to “Parties” and “Party” are replaced with “Participants” and “Participant”.
(c)Delete “Whereas,” from the first three paragraphs and start each of these paragraphs by capitalising the word immediately following “Whereas”.
(d)All references to “Administration Agreement”, “this Agreement” and “shall” in the main text are replaced with “Administration Arrangement”, “this Arrangement” and “will”, respectively.
(e)All references to “agreement” or tenses of the verb “to agree” are replaced with “decisions” or the corresponding tenses of the verb “to decide”.
(f)Paragraphs 7, 8, 9 and 10 of the Administration Arrangementare deleted in their entirety and replaced with the following:
“7.All annexes hereto constitute an integral part of this Administration Arrangement, whose terms taken together will constitute the entire arrangement between the Donor and the Bank. Unless otherwise specified in an annex hereto, this Administration Arrangement may be amended only by written amendment between the Bank and the Donor; provided, however, that any annexes to this Administration Arrangement may be amended only by written amendment of all donors contributing to the Trust Fund; provided further that any amendment to paragraph 8 below, or any other aspect of the Administration Arrangement that affect the terms of the Transfer Agreement, will additionally require the written amendment of UNODC
8.UNODC accepts all terms, including of its obligations, described in the Transfer Agreement. UNODC further accepts that the Donor has the options specified in paragraph 15 of the Transfer Agreement as a third party beneficiary and is entitled to seek direct recourse against UNODC at any time for enforcement of any unmet obligations under the Transfer Agreement.
9.It is understood that this Administration Arrangement, including any annexes, is not an international treaty and is not eligible for registration as a treaty under Article 102 of the United Nations Charter, nor is it, in the Donor’s understanding, any other form of international agreement. It is an administrative arrangement between the Bank and the Donor.
10.All references made in the Annexes to “shall”, “Administration Agreement” and “Parties” will have the same meaning as the term “will”, “Administration Arrangement” and “Participants” herein. In addition, references in the Annexes to “agreements” or to tenses of the verb “to agree” will be deemed to constitute references to “decisions” or to tenses of the verb “to decide”, if such references are used in the Administration Arrangement.
11.Each of the Participants represents, by confirming its acceptance below, that it is authorized to enter into this Administration Arrangement and act in accordance with its provisions. The Participants are each requested to sign and date this Administration Arrangement, and upon possession by the Bank of this fully signed Administration Arrangement, this Administration Arrangement will come into effect as of November 3, 2008.”
2.All other terms of the AdministrationArrangement will remain the same.
3.The Bank will disclose this amendment (the “Amendment”) and related information on this Trust Fund in accordance with the World Bank Policy on Access to Information. By entering into this Amendment, the Donor and UNODC consent to disclosure of this Amendment and related information on this Trust Fund.
4.Each of the Participants represents, by confirming its acceptance below, that it is authorized to enter into this Amendment and act in accordance with its provisions. The Participants are requested to sign and date this Amendment, and upon possession by the Bank of this fully signed Amendment, this Amendmentwillcome into effectas of the date of the last signature
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
INTERNATIONAL DEVELOPMENT ASSOCIATION
By: ______Date: ______
Ceyla Pazarbasioglu
Senior Director
Finance & Markets Global Practice
GOVERNMENT OF AUSTRALIAACTING THROUGH THEDEPARTMENT OF FOREIGN AFFAIRS AND TRADE
By: ______Date: ______
Michael Wilson
Assistant Secretary
Governance, Fragility and Water Branch
Development Policy Division
UNITED NATIONS OFFICE ON DRUGS AND CRIME
By: ______Date: ______
Jean-Luc Lemahieu
Director
Division for Policy Analysis and Public Affairs