6.01. The Borrower's Representative is its Minister of Finance.
6.02. For purposes of Section 10.01 of the General Conditions:
(a) the Borrower's address is:
Ministry of Finance Calle 1 y 3, Avenida 2 Diagonal to the National Theater San José, Republic of Costa Rica; and (b) the Borrower's Electronic Address is:
Email:
[email protected] 6.03. For purposes of Section 10.01 of the General Conditions:
(a) the Bank's address is:
International Bank for Reconstruction and Development 1818 H Street, N.W.
Washington, D.C. 20433 United States of America; and (b) the Bank's electronic address is:
Telex: Fax: Email 248423(MCI) or 1-202-477-6391 [email protected] 64145(MCI) AGREED as of the date of signature.
REPUBLIC OF COSTA RICA By _____________________________________/s1/ Authorized Representative Name: __________________________/n1/
Program Actions; Availability of Loan Proceeds
A. Actions taken under the Program. The actions taken or supported by the Borrower under the Program include the following:
1. The Borrower has taken measures to strengthen inclusive and resilient financial management of disaster risks, including those related to climate change, through the adoption of a national strategy for the financial management of disaster risks and the approval of mandatory requirements for its implementation, as evidenced by the national strategy for the financial management of disaster risks published on the website of the Ministry of Finance and Decree No. 43663-H, published in the Official Gazette No. 182 on September 26, 2022.
2. CNE has approved a strategy for mainstreaming gender equality in the national risk management system, to ensure the inclusion of gender equality, non-discrimination, and the intersectional approach in the analysis of differentiated vulnerabilities within the following three multi-sectoral subsystems: (a) risk reduction, (b) preparedness and response, and (c) recovery, as evidenced by the 2023-2027 strategy published on the CNE website and Resolution No. 244-12-2022 of CNE's Board of Directors dated December 15, 2022, and published on the CNE website.
3. The Borrower has taken measures to increase adaptation to climate change in key government sectors at the national and regional levels, through the adoption of the action plan of the National Climate Change Policy and the approval of mandatory requirements for its implementation, as evidenced by the 2022-2026 action plan published on the MINAE website and Decree No. 43491-MINAE, published in the Official Gazette No. 89 on May 16, 2022.
4. The Borrower has strengthened its regional and territorial management instruments to improve the integrated management of water resources in the Sarapiquí river basin, through the approval of a legal framework that includes risk management and climate change adaptation measures for the environmental protection of the river basin, and planning and management instruments to promote the conservation and sustainable development of its biodiversity and water resources, as evidenced by Law No. 10,152, published in the Official Gazette No. 77 on April 28, 2022.
A. General. The Borrower may withdraw the Loan proceeds in accordance with the provisions of this Section and such additional instructions as the Bank may specify by notification to the Borrower.
B. Allocation of Loan Amounts. The Loan is allocated in a single disbursement tranche, from which the Borrower may make withdrawals of the Loan proceeds. The allocation of the Loan amounts for this purpose is set out in the table below:
| Allocations | Amount of the Loan Allocated (expressed in USD) |
|---|
| (1) Single Disbursement Tranche | 160,000,000 |
| TOTAL AMOUNT | 160,000,000 |
C. Payment of Fee in accordance with Section 2.03 of the Agreement. If the Closing Date is extended pursuant to Section 2.08 of this Agreement and the Borrower elects to finance from its own resources the fee set forth in Section 2.03 of this Agreement, no withdrawal shall be made from the Loan Account until the Bank has received full payment of said fee.
D Disbursement of Loan Proceeds.
1. No disbursement from the Single Disbursement Tranche shall be made unless the Bank is satisfied, based on evidence satisfactory to it, that the Borrower has declared a State of Emergency by executive decree to respond to a natural disaster.
2. Notwithstanding the foregoing, if at any time prior to the Bank's receipt of a request for disbursement of a Loan amount, the Bank determines that a review of the Borrower's progress in carrying out the Program is warranted, the Bank shall notify the Borrower to that effect. Once such notification has been given, no disbursement of the undisbursed Loan Balance shall be made unless and until the Bank has notified the Borrower of its satisfaction, following an exchange of views as described in paragraphs (a) and (b) of Section 3.01 of Article III of this Agreement, with the progress achieved by the Borrower in carrying out the Program.
3. No disbursement from the Single Disbursement Tranche shall be made unless the Bank is satisfied, based on evidence satisfactory to it, that the situation described in paragraph (c) of Section 3.01 of Article III of this Agreement has been resolved.
4.
E. Deposit of Loan Amounts.
The Borrower shall, within thirty (30) days following the disbursement of the Loan from the Loan Account, report to the Bank: (a) the exact sum received into the account referred to in Section 2.03 (a) of the General Conditions; (b) the details of the account into which the equivalent in Dollars and/or Costa Rican Colones of the Loan proceeds will be credited; and (c) the record that an equivalent sum has been accounted for in the Borrower's budget management systems.
F. Closing Date. The Closing Date is March 24, 2026.
Amortization Schedule Linked to Disbursements - Level Amortization 1. Subject to the provisions of Section 3.03 of the General Conditions, the Borrower shall repay each Disbursed Amount in semi-annual installments payable on each May 15 and November 15, the first installment payable on the 8th Payment Date following the Maturity Fixing Date of the Disbursed Amount and the last installment payable on the 38th Payment Date following the Maturity Fixing Date of the Disbursed Amount. Each installment, except the last, shall be equal to one thirty-first (1/31) of the Disbursed Amount. The last installment shall be equal to the remaining outstanding amount of the Disbursed Amount.
2. If one or more principal installments of the Disbursed Amount are payable, in accordance with the provisions of paragraph 1 of this Annex, after May 15, 2042, the Borrower shall also pay on said date the total amount of all such installments.
3. The Bank shall notify the Loan Parties of the amortization schedule for each Disbursed Amount promptly after the Maturity Fixing Date of the Disbursed Amount.
APPENDIX
1. "CAT DDO" means Catastrophe Deferred Drawdown Option.
2. "CNE" means Comisión Nacional de Prevención de Riesgos y Atención de Emergencias, the Borrower's National Commission for Risk Prevention and Emergency Response, established and operating pursuant to the National Emergency and Risk Prevention Law.
3. "General Conditions" means the "International Bank for Reconstruction and Development General Conditions for IBRD Financing, Development Policy Financing", dated December 14, 2018 (revised on August 1, 2020, December 21, 2020, April 1, 2021, and January 1, 2022), with the modifications set forth in Section II of this Appendix.
4. "Ministry of Finance" means Ministerio de Hacienda, the Borrower's Ministry of Finance or any successor thereto.
5. "MINAE" means Ministerio de Ambiente y Energía, the Borrower's Ministry of Environment and Energy, or any successor thereto.
6. "National Emergency and Risk Prevention Law" means the Borrower's Law No. 8488 for national emergencies and risk prevention, published in La Gaceta on January 11, 2006, as amended up to the Signature Date.
7. "National Climate Change Policy" means Política Nacional de Adaptación al Cambio Climático 2018-2030 (PNACC), the Borrower's national climate change policy for 2018-2030 published on the MINAE website.
8. "Program" means the program of objectives, policies, and actions set out or referred to in the letter dated February 17, 2023, from the Borrower to the Bank declaring the Borrower's commitment to the execution of the Program, and requesting the Bank's assistance in support of the Program during its execution and comprising the actions taken or supported by the Borrower, including those set forth in Section I of Annex 1 to this Agreement, and actions to be taken consistent with the program objectives.
9. "Official Gazette" means La Gaceta - Diario Oficial, the Borrower's official gazette.
10. "Signature Date" means the later of the two dates on which the Borrower and the Bank signed this Agreement and such definition applies to all references to "the date of the Loan Agreement" in the General Conditions.
11. "Single Disbursement Tranche" means the amount of the Loan allocated to the category entitled "Single Disbursement Tranche" in the table set forth in Part B of Section II of Annex 1 to this Agreement.
12. "State of Emergency" means the declaration by the Borrower, by executive decree, of a state of emergency (Estado de Emergencia) due to a natural catastrophe generated by natural phenomena or health-related events, in accordance with Article 29 of the National Emergency and Risk Prevention Law.
The General Conditions are hereby amended as follows:
1. In paragraph 103 of the Appendix, the term "Variable Margin" is amended as follows:
" [103.] 'Variable Margin' means, for each Disbursement and each Interest Period: (a) (1) the Bank's standard lending margin for Loans established by the Bank in accordance with its prevailing policies at 12:01 a.m. Washington, D.C. time, on the Disbursement Date (including the maturity premium, if applicable); (2) plus or minus the weighted average margin relative to the Reference Rate for the relevant Interest Period, with respect to the Bank's outstanding borrowings or portions thereof allocated by it to fund loans that bear interest at a rate based on the Variable Margin; as reasonably determined by the Bank, expressed as a percentage per annum and as published periodically by the Bank; and (b) in the case of Conversions, the variable margin, as applicable, as determined by the Bank in accordance with the Conversion Guidelines and notified to the Borrower in accordance with Section 4.01(c). In the case of a Loan denominated in more than one Currency, the 'Variable Margin' applies separately to each such Currency." 2. The following definitions of the terms "Disbursement" and "Disbursement Date" are inserted as new paragraphs 106 and 107, respectively, and the remaining definitions and paragraphs (as the case may be) are renumbered accordingly:
106. "Disbursement" means each amount of the Loan withdrawn by the Borrower from the Loan Account in accordance with Section 2.01.
107. "Disbursement Date" means, for each Disbursement, the date on which the Bank pays the Disbursement." --------------------------------------------- End of translation ----------------------------- In witness whereof, this Official Translation from English to Spanish, comprising ten pages, is issued. I sign and seal in the city of San José on the fifth day of December two thousand twenty-three. The applicable legal stamps are cancelled.
OFFICIAL TRANSLATION I, Marta Volio Pérez, official translator of the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica, appointed by agreement number 172-96 DJ of July 1, 1996, Published in La Gaceta number 225 of November 22, 1996, certify that in the Spanish language, the document to be translated reads as follows: IBRD Policy General Conditions for IBRD Financing: Development Policy Financing Bank Access to Information Policy Designation Public Catalog Number LEG5.02-POL.117 Issuance Date December 15, 2021 Effective Date January 1, 2022 Content General Conditions for IBRD Financing: Development Policy Financing Applicable to IBRD Issuer Senior Vice President and General Counsel, LEGVP Sponsor Deputy General Counsel, Operations, LEGVP OFFICIAL TRANSLATION I, Marta Volio Pérez, official translator of the Ministry of Foreign Affairs and Worship of the Republic of Costa Rica, appointed by agreement number 172-96 DJ of July 1, 1996, Published in La Gaceta number 225 of November 22, 1996, certify that in the Spanish language, the document to be translated reads as follows:
International Bank for Reconstruction and Development IBRD General Conditions for Financing Development Policy Financing Date December 14, 2018 (Revised August 1, 2020, December 21, 2020, April 1, 2021, and January 1, 2022) (Sinalevi Note: As the text of the IBRD General Conditions for Financing Development Policy Financing has its own articulated text, it must be consulted at the following Link)