Uredba o ratifikaciji Sporazuma o namenskem prispevku med Vlado Republike Slovenije in Svetovnim programom za hrano za projekt iz Strateškega načrta WFP za Kenijo 2023-2027 - krepitev podnebne odpornosti skupnosti v sušnih predelih Kenije

This Agreement (the “Agreement”) is concluded by and between:

(a) THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA (the “Donor”),

and

(b) THE WORLD FOOD PROGRAMME, an autonomous joint subsidiary programme of the United Nations and the Food and Agriculture Organization of the United Nations, with headquarters in Rome, Italy, acting through its country office in Kenya (“WFP”),

each a “Party” and, collectively, the “Parties”.

WHEREAS, WFP, as the United Nations’ frontline agency in the fight against global hunger, is mandated to provide emergency and development assistance to eradicate hunger and poverty amongst the poorest and most food-insecure countries and populations;

WHEREAS,the Government of the Republic of Slovenia is, according to its strategic orientation in development cooperation and humanitarian aid, committed to address global hunger by supporting emergency food aid, eradicating hunger and contributing towards food security in partner countries;

WHEREAS, the Donor wishes to provide a financial contribution to WFP (the “Contribution”) in the form of a Directed Contribution (within the meaning of the WFP Financial Regulations) to support the implementation of WFP operations (the “Activities”); and whereas, the Activities will be implemented within the framework of the WFP Country Strategic Plan for Kenya 2023-2027’s project “Building Communities’ Resilience to Climate Change in Kenya’s Drylands” (the “Project”), as further described in the Concept Note on Climate Change Adaptation through Ecosystem-based Management and Beekeeping (the “Concept Note”), dated January 2024;

WHEREAS, WFP is willing to accept the Contribution subject to the terms and conditions of this Agreement;

NOW, THEREFORE, the Parties agree as follows:

1. The Donor shall make the Contribution to WFP in support of the Country Strategic Plan for Kenya 2023-2027, in the total amount of Euro 2 million (EUR 2,000,000). The Donor shall disburse the Contribution to WFP in three installments as set forth below.

Contribution Year(s)	Estimated Disbursement Date	Disbursement Amount
2024	No later than 30 days following the receipt by the Donor of the payment request made after the date of signature of the Agreement	EUR 800,000
2025	End of February/March 2025	EUR 450,000
2026	End of February/March 2026	EUR 750,000

In 2024 the estimated disbursement date shall be no later than 30 days following the receipt by the Donor of the payment request made after the date of signature of the Agreement. In 2025 and 2026 WFP shall submit a payment request, in accordance with Article XII of this Agreement, to the Donor no later than 31 January of that year, after which the applicable disbursement shall be paid no later than 30 days following receipt by the Donor of the payment request.

The Contribution shall be deposited into the following bank account:

Account Number:	626775561
Account Title:	UNITED NATIONS-WORLD FOOD PROGRAMME
IBAN Number:	BE62570626775561
Swift Code:	CITIBEBX
Branch Address:	Citibank Europe Plc, Belgium Branch  Tribes Central Station   Rue des Colonies, 56   1000 Brussels, Belgium

2. Upon disbursement of each installment of the Contribution, the Donor shall provide written notification of such disbursement to WFP by email to the Contributions Accounting and Donor Financial Reporting Branch (wfp.finance.donorreceivables@wfp.org), specifying (a) the amount transferred; (b) the value date of the transfer; (c) that the transfer is made by the Donor pursuant to this Agreement; and (d) the WFP grant reference number as communicated by WFP to the Donor (razvoj.mzz@gov.si; gp.mzez@gov.si and finance.mzez@gov.si). A wire transfer receipt may be provided by the Donor in connection with such notification.

3. Unless otherwise agreed by the Parties, the Contribution shall be made in Euro (EUR).

4. The Contribution shall be made on a grant basis and shall meet the principle of Full-Cost Recovery within the meaning of and in accordance with WFP Regulations and Rules. For the purposes of this Agreement, “WFP Regulations and Rules” shall mean WFP’s General Regulations and General Rules, Financial Regulations and Financial Rules, internal policies, circulars, directives, manuals, procedures, internal practices and legal framework, as applicable. To ensure Full-Cost Recovery, WFP shall retain, as Indirect Support Costs, a percentage of the Transfer Costs, Implementation Costs and Direct Support Costs associated with the Activities, as determined by WFP’s Executive Board from time to time (as each of the terms “Indirect Support Costs,” “Transfer Costs,” “Implementation Costs” and “Direct Support Costs” is defined under WFP Regulations and Rules).

5. WFP undertakes to use the Contribution to support the Project.

6. The Project will help vulnerable climate-affected communities in Kenya adapt to climate change through ecosystem-based management and beekeeping. It will pursue the following five objectives:

a) Enhance ecosystem-based management through regeneration/reclamation of degraded lands and reforestation/rangeland management and adoption of climate smart agricultural practices (CSA);

b) Promote sustainable and modern beekeeping models to increase honey production, marketable bee products, hygienic harvesting, processing, packaging of high-quality bee products and market linkages;

c) Promote soil conservation and management for sustainable eco-system restoration;

d) Enhance farmer owned honey production and sustainable market linkages through introduction of private sector players (financial institutions and bee products buyers); and

e) Facilitate knowledge management and learning, evidence generation, documentation and innovation, advocacy – including cross-border learning between communities living along the borders of Kenya and Ethiopia, thereby enhancing social cohesion.

7. The objectives in paragraph 6 of Article I may be pursued in cooperation with relevant public-sector stakeholders in Slovenia, who may share knowledge, expertise and best practices with WFP under separate memoranda of understanding with WFP.

1. WFP shall receive, administer and account for the Contribution in accordance with WFP Regulations and Rules and the terms and conditions of this Agreement.

2. Each installment of the Contribution shall initially be recorded by WFP, for accounting purposes, in the equivalent United States Dollar (USD) value at the prevailing United Nations operational rate of exchange applicable on the date on which WFP records such amount in accordance with WFP Regulations and Rules. Such initially recorded USD value shall subsequently be adjusted to reflect any losses or gains resulting from exchange rate fluctuations between the date of recording and the date of receipt of the Contribution.

3. WFP shall not be obligated to commence or continue the Activities prior to the receipt of the Contribution. WFP may, however, in its sole discretion and subject to WFP Regulations and Rules, elect to commence the Activities prior to the receipt of the Contribution, provided that any such expenditures incurred by WFP shall be charged against the Contribution.

4. Any identifiable interest accrued on the Contribution and any residual income derived from the Activities shall be utilized by WFP in accordance with WFP Regulations and Rules. Any expected or realized unforeseen increases in expenditures or commitments due to exchange rate fluctuations, inflationary factors or unforeseen contingencies, shall be recorded against the Contribution.

1. WFP agrees to take all necessary steps to ensure the visibility of the project. This includes,

• One impact social media video (up to 60 seconds long) in the middle at the project and at the end of it

• Regular social media posts (Facebook and X) on specific milestones

• Physical branding on assets where applicable – e.g. on beehives

2. WFP agrees to use the official logo of the Republic of Slovenia's international development cooperation and humanitarian aid to brand funded project.

1. WFP shall maintain appropriate accounting and financial records in respect of the receipt, use and management of the Contribution.

2. WFP provides the Donor with the report on project activities report by the end of March for each past year of the project's duration. Reporting shall be in accordance with the project proposal.

3. WFP shall provide the Donor with an Annual Country Report in respect of the Activities under each country operation financed with the Contribution. In addition, WFP’s Annual Performance Report, submitted by the Executive Director of WFP to the Executive Board of WFP on an annual basis, shall be made public on WFP’s official website.

4. WFP shall provide the Donor with a Non-Standard financial Report on UNSDG format (uncertified) by the end of April.

1. The Contribution shall be subject exclusively to the internal and external audit procedures established pursuant to WFP Regulations and Rules.

2. The annual financial statements of WFP, together with the report of WFP’s External Auditor, shall be made public on WFP’s official website.

3. WFP’s internal audit reports shall be made public on WFP’s official website in accordance with WFP’s “Policy for Disclosure of Oversight Reports,” as may be amended from time to time.

All WFP activities are monitored and evaluated in accordance with WFP Regulations and Rules. With respect to all matters regarding the monitoring and evaluation of the Activities, the Donor shall rely on WFP’s reporting, monitoring and evaluation systems, as established pursuant to WFP Regulations and Rules.

1. WFP shall conduct all procurement of commodities, goods and services financed from the Contribution in accordance with WFP Regulations and Rules.

2. Matters relating to the ownership by WFP of commodities, goods and services procured with funds from the Contribution shall be determined in accordance with WFP Regulations and Rules.

1. Each Party recognizes the importance of taking the necessary precautions to avoid fraud, corruption, theft, collusive, coercive or obstructive practices, money laundering and financing of terrorism (collectively referred to as “fraud and corruption”) and affirms that it has zero tolerance for inaction towards fraud and corruption. To this end, WFP shall maintain standards of conduct governing the performance of its officers, employees, agents, contractors and sub-contractors, including the prohibition of fraud and corruption in connection with the granting and administration of any resources provided pursuant to this Agreement, as set forth in WFP Regulations and Rules, including, without limitation, WFP’s Anti-Fraud and Anti-Corruption Policy, as may be amended from time to time.

2. Consistent with UN Security Council Resolutions relating to terrorism, including UNSC Resolution 1373 (2001) and 1267 (1999) and related resolutions, both Parties are firmly committed to the international fight against terrorism, and in particular, against the financing of terrorism. It is the policy of both Parties to seek to ensure that none of its funds are used, directly or indirectly, to provide support to individuals or entities associated with terrorism. In accordance with this policy, WFP undertakes to use all reasonable efforts to ensure, including when contracting with third parties, that none of the donor funds provided under this Agreement are knowingly transferred directly or indirectly or otherwise used to provide support to individuals or entities associated with terrorism, as designated on the Consolidated United Nations Security Council Sanctions List or any other similar lists that may be established by the United Nations Security Council.

1. The interpretation, construction and performance of this Agreement, including any agreements and/or documents entered into in connection with this Agreement, and any claims, controversies or disputes arising hereunder or thereunder shall be exclusively governed by general principles of international law and the terms and conditions of this Agreement, to the exclusion of any choice of law rules which would defer the Agreement, and any agreements and/or documents entered into in connection therewith, to the laws of any given jurisdiction.

2. Any dispute, controversy or claim (a “Dispute”) arising out of or relating to this Agreement or under any other agreements or documents entered into in connection with this Agreement, or the breach, termination or invalidity thereof, shall be resolved amicably through consultations and direct negotiations between the Parties. Any Dispute that is not resolved through consultations and direct negotiations between the Parties shall be referred to the Permanent Court of Arbitration (PCA) for a binding decision in accordance with the applicable rules of international law.

Nothing in this Agreement or any agreement and/or document entered into in connection with this Agreement shall constitute a waiver, express or implied, by WFP, the United Nations and the Food and Agriculture Organization of the United Nations of any privileges or immunities enjoyed by them pursuant to the 1946 Convention on the Privileges and Immunities of the United Nations, the 1947 Convention on the Privileges and Immunities of the Specialized agencies, customary international law, other relevant international or national agreements, or under domestic law.

1. This Agreement shall be provisionally applied from the date of its signature and shall enter into force on the date of receipt by WFP of a notification from the Donor, that in the Republic of Slovenia, all internal legal procedures necessary for its entry into force have been completed (the “Date of Entry into Force”).

2. This Agreement may be supplemented or otherwise amended by a formal written agreement signed by duly authorized representative of each Party.

3. This Agreement may be terminated by (i) either Party upon provision to the other Party of ninety (90) days’ prior written notice of termination; or (ii) mutual agreement of the Parties.

4. In the event of the termination of this Agreement for any reason, both Parties shall use reasonable efforts and good faith to bring their cooperation herein to a prompt and orderly conclusion.

5. The obligations of the Parties hereunder shall survive the termination or expiration of this Agreement to the extent necessary to ensure the orderly conclusion of the Activities and the settlement of all outstanding issues, accounts, claims, disputes and liabilities hereunder. To this end, and notwithstanding any termination or expiration of this Agreement, WFP shall continue to hold any unexpended funds received hereunder until all commitments and liabilities incurred with funds received hereunder have been satisfied and the Activities have been brought to an orderly conclusion.

1. Any notice under this Agreement shall be in writing and be deemed to have been duly given or made when it has been delivered by hand, certified mail or overnight courier to the Party (or its representative) to which it is required to be given or made at the address specified below or such other address as shall be hereafter notified in writing:

a) To the Donor:

Ms Katja Žvan Elliott, Ministry of Foreign and European Affairs of the Republic of Slovenia, Directorate for Development Cooperation and Humanitarian Aid, Department for the Implementation of Development Cooperation and Humanitarian Aid, Prešernova cesta 25, 1000 Ljubljana, Slovenia.

b) To WFP:

Mr. Abdallah Alwardat, Director Global Partner Countries, Division, WFP, Via Cesare Giulio Viola, 68/70, 00148 Rome, Italy.

2. Any changes of information provided in subparagraphs (a) and (b) of paragraph 1 of this Article shall not constitute an amendment to this Agreement. The Parties shall promptly inform each other in writing of any changes to subparagraphs (a) and (b) of paragraph 1 of this Article.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have on behalf of the Parties signed this Agreement as confirmation of the terms and conditions contained herein.

FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA    Tanja Fajon (s)  Minister of Foreign and European Affairs

FOR THE WORLD FOOD PROGRAMME      Carl Skau (s)  Deputy Executive Director and Chief Operating Officer