Integrity Commitment. The Promoter warrants and undertakes that it has not committed, and no person to its present knowledge has committed, any of the following acts and that it will not commit, and no person, with its consent or prior knowledge, will commit any such act, that is to say: (a) the offering, giving, receiving or soliciting of any improper advantage to influence the action of a person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with those elements of the Project described in the Technical Description, or (b) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the Project to the detriment of the Borrower or the Promoter, including collusion between tenderers. For this purpose, the knowledge of each senior officer of the Promoter and of the PIU shall be deemed the knowledge of the Promoter. The Promoter undertakes to inform the Bank and investigate if it should become aware of any fact or information suggestive of the commission of any such act and to adopt the necessary redress measures. The Promoter will institute, maintain and comply with internal procedures and controls in compliance with applicable national laws and best practices, for the purpose of ensuring that no transaction is entered into with, or for the benefit of, any of the individuals or institutions named on updated lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (▇▇▇.▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇) and/or by the Council of the EU pursuant to its Common Positions 2001/931/CFSP and 2002/402/CFSP and their related or successor resolutions and/or implementing acts in connection with Money Laundering or Financing of Terrorism matters.
Appears in 1 contract
Sources: Project Agreement
Integrity Commitment. The Promoter Borrower warrants and undertakes that it has not committed, and no person to its present knowledge has committed, any of the following acts and that it will not commit, and no person, with its consent or prior knowledge, will commit any such act, that is to say:
(ai) the offering, giving, receiving or soliciting of any improper advantage to influence the action of a person holding a public office or function or a director or employee of a public authority or public enterprise or a director or official of a public international organisation in connection with any procurement process or in the execution of any contract in connection with those elements of the Project described in the Technical Description, ; or
(bii) any act which improperly influences or aims improperly to influence the procurement process or the implementation of the Project to the detriment of the Borrower or the PromoterBorrower, including collusion between tenderers. For this purpose, the knowledge of each senior any member of the board of directors of the Borrower or the officer of the Promoter and of the PIU Borrower mentioned in Article 12.01 shall be deemed the knowledge of the PromoterBorrower. The Promoter Borrower undertakes to inform the Bank and investigate if it should become aware of any fact or information suggestive of the commission of any such act and to adopt the necessary redress measuresact. The Promoter Borrower will institute, maintain and comply with internal procedures and controls in compliance with applicable national laws and best practices, for the purpose of ensuring that no transaction is entered into with, or for the benefit of, any of the individuals or institutions named on updated lists of sanctioned persons promulgated by the United Nations Security Council or its committees pursuant to Security Council Resolutions 1267 (1999), 1373 (2001) (▇w▇▇.▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇) and/or by the Council of the EU pursuant to its Common Positions 2001/931/CFSP CSFP and 2002/402/CFSP CSFP and their related or successor resolutions and/or implementing acts in connection with Money Laundering or Financing financing of Terrorism terrorism matters.
Appears in 1 contract