The World Bank O m m treet N.W. (202) 473-1000 INTERNATIONAL BANK FOR RECONSTRUCTION AND DELvELOP A NT on, D.C. 20433 Cable Address: INTBAFRAD INTERNATIONAL DEVELOPMENT ASSOCIATION OCUMt*TS I Cable Address: INDEVAS December 10, 2012 Mr. Kurt Kunz A, ;Istant Director-G eneral Head of Department Coope rati:)n with Eastern Europe and CIS Sxiss Agency for De,velopriert an I Cooperation Frziburgstrasse 130 3CO3 Berne Sxitzerland Re: Amendment to the Adminik tration Agreement between the Swiss Agency for Development and (ooperation, c nd the International Bank for Reconstruction and Development and the Internatioi!al Development Association concerning the Multi- Donor Trust Fund for JuOtice Stctor Support in the Republic of Serbia (TFO71444) (Successor of TFO71171) Dear Mr. Kunz: 1. We refer to the Admin stration Agreement between the Swiss Agency for Development and Coopcraton (the "Donor") and the International Bank for Reconstruction and Develolpn,-nt (IBRD) and the International Development Association (IDA), (collectively, the "Bank") r,:garding the Multi-donor Trust Fund for Justice Sector Support in the Republic of Serb a (TF071444) (successor of TFO71171) (the "Trust Fund") dated December 1, 2008, a; amended as of March 8, 2010 and December 7, 2011 (the "Administration Agree m,e rt") 2. Pursuant to recert disci ssions between the Donor and the Bank, the Bank he -eby proposes to amend t he Agr, eement as follows: i. Attachmert ltitlcd "De,,cription of Activities and Expenditures under the Multi-Donor Trust Fur d" of 1he Agreement is replaced in its entirety by a new Attachment 1 attached lierc to, Vhich constitutes an integral part of this Amendment ii. In addition, costs fo program management and trust fund administration as defined in Attachment 2 titled "Standard Provisions Applicable to the Multi-Donor Trust Fund for Justice Secor S apport in the Republic of Serbia", Section 3.b, up to a maximum of one hund:"ed and twenty thousand five hundred and fifty nine United States Dollars (US$ l!0, 59) will be amended to a maximum of one point six percent (1.6%) of each Contri ution to be charged to the Trust Fund on an actual basis. If the contributions ncr ase beyond what was originally expected at the time of counter-signature of th- filst administration agreement, and the administrative costs increase as a result, 1he Donors acknowledge that an additional administrative fee may be applied to such nev contributions. i i.. The Donor's Con.ributio i, as defined in the Agreement, that was already paid into the Trust Find No.071444 prior to the date of this Amendment letter shall not be subject to th2 admi:iistratii e cost set forth in Section 3.b of the Attachment 2; I-h -ffh -- - . - - ,< rAY - P44-', 77 Aq01 MIr. Kurt Kunz -2- December 10, 2012 provided, however, thai the said administrative cost set forth in Section 3.2 shall apply to all new or unpaid cont: ibutions made to the Trust Fund after the date of this Amendment lettcr. iv Attachment 2, Section 3.1 will read as follows, "In addition, costs for program management and trust fund administration as defined by Attachment 1 to a maximum of one point six per:,ent (1.6%) of each Contribution will be charged to Ihe Trust Fund on an act ual bas s." 3. All other terms of the Agi eement shall remain the same. 4. It is the Bank's pc licl to nake publicly available the Administration Agreement and any informaticn related thejeto, including this Amendment. By confirming its agreement below, the Don)r c:ons-nts to the disclosure of this Amendment after it has become effective. 5. We propose that this let Eer shall constitute an amendment to the Agreement between the Bank and the Donor. Please confirm your agreement with the foregoing, on behalf of the Donor, by signing a id dating the two originals, retaining one original for ycur records and re:.urning th: ott er original to the Bank. Upon receipt by the Bank of such agreement in writing by all Donors contributing to this trust fund, the Amendment to the Agreement will become elfective as of the last date of the agreements by the Donors. The Bank shall promptl , notify the Donor when the Amendment becomes effective. Sincerely, INTERNATIONAL BANK FC R RECONSTRUCTION AND DEVELOPMENT INTERNATICNA L DEVELOPMENT ASSOCIATION By s/ Loup Brefort Country Ma nager for the Republic of Serbia Europ- and Central Asia Region AGREED: SWISS AGENCY FOR DEVELOPMENT AND COOPER.TION By: ~2 _ Date: 2 4 ),MA#% L4-ALy ?0 , Namie: k-r 4 -: Title: -Ass *i4.m+~- P ctl(- 61.--eew^L ATTACHMENT I OF'HE ADMINISTRATION AGREEMENT Description of Activitics and Lxpenditures under the Multi-Donor Trust Fund forJustici Scctor Support in the Republic of Serbia Ti s Attachment shall be arpli,ablo to and form an integral part of all agreements entered inlo between the Bank and mtities (collectively, the "Donors") that provide contributions (thii aggregate of all contri )utions from the Donors, the "Contributions") to be administered by the Bank for the T -ust Fund. A. DESCRIPTION OF ACTIVITIES The objective of the Trust Fund is to provide support for strengthening the justice sector of the Republic of S.rbia in order lo facilitate its integration to the European Union. The Trust Fund activities consis: of the following components: a. Bank-executed Activi4es Component 1.Advisoryservic es. Sub-component 1.1.Provision of Advisory Services for Justice Sector Reform. Provide adviscry ser,,ices, ircluding but not limited to preparation of analytical reports, provision of trainir g, facilitation of policy dialogue and conducting surveys, in the areas of (i) in titutional capacity, (ii) resource management and aid coordination, (iii) leg:d Lnd nstitutional environment, (iv) judicial facilities and infrastructure, and (v) outrea,.h, monitoring and evaluation in order to strengthen the justice sector reform in th Republic of Serbia; Sub-componenr 1.2. Provisi m of Additional Advisory Services for continued Justice Sector Reform Advisory services provided under this Component 1 and initiated after May 1, 2012, sl all include, among others: I. Preparation o: a roLdmap of projects to be used for planning and implementatio:i of fulure initiatives in the Serbian Justice Sector, as well as preparation of forn. documents which may be used for future planning, design, and imple nen ation of these projects. II. Training related to an:, of the above mentioned activities may be provided; III. Development and promotion of a SWAp (sector-wide approach) methodology 10 be u:;ed in planning Justice Sector reform at the central level. Training w 11 b: provided to key MOJ staff to facilitate the SWAp preparations; IV. Support to the newly introduced judicial services in accordance with best practices, inchidir,g bt tt not limited to notary and bailiff services; V. Preparation of a -eport on the case management system in the courts of general juriscict on, and propose mechanisms to update the case management s,istcm; VI. Preparation of a proposal to adopt certain measures for efficient reduction of inflow of mi no- ca, es to the courts within the current legal framework. VII. Preparation of docum:-ntation setting out best practices in the provision of the newly introdu-,ed udicial services (i.e. notaries, bailiffs, etc). DA'A W A l CA 1A11 il l AAlA, T PAY 9(91A77.AAQ1 VIII. Provision of support for the development of justice sector performance indicators for judges a nd prosecutors; IX. Provision of support for the development of an effective mechanism for collection, analysis and publishing of statistical data on judiciary performance fr the purposes of better analytical work of the MoJ, HJC and SPC; X. Provision of technical assistance for the preparation of a set of recommendations for he business reengineering of courts. Component 2.Superviion of Zecipient-executed activities. Carry out supervision of Reci )ient-executed activities. Component 3. Trust F.nc Ad ninistration and Program Management Manage and administer the Trust Fund as per trustee responsibility, including donor and stakeholder coordii nation and report preparation. b. Recipient-executed Activ ities Component 4. Technical Assi stance Sub-componen 4.] Ju1tice Se ctor Reform Facilitation Unit Provide support for the estalblishment and operation of a Justice Sector Reform Facilitation Unit in the Minisl ry of Justice of the Republic of Serbia (MOJ), which will be resporsible for faci itating and coordinating the justice sector reform program of the Repub:ic of S(rbia. Sub-componen. 4.2 Access to Justice Provide technical ass;stence to improve access to justice by (i) developing a legislative framework for frec legal aid based on the strategy for free legal aid, (ii) establishing the national and local institutions responsible for overseeing the free legal aid system, (iii) tuilding the capacity of free legal aid providers, (iv) increasing the efficiency in the MOJ, (iv) facilitating knowledge-sharing, (v) carrying out a public iwaren, ss campaign, and (vi) strengthening the monitoring and evaluation systems and c, pacities in the MOJ. B. CATEGORIES OF EXPFND ITURE For Bank-executed activitie; the C(ntributions may be used to finance (a) staff costs, (b) media and workshop, (c) co isultan s fee, (d) contractual services, (e) extended term co sultants costs, (f) temporary sur port staff costs, (g) travel expenses, (h) associated overheads, and (i) equipment k ase. For Recipient-execuied activ,iti-s, the Contributions may be used to finance (a) co:isultants' services, excluding sal tries of government employees, (b) training, (c) goods, and (d) opera:ing costs. The Contributions shall not be ised to finance taxes, except social benefit charges of individual consultants, attril:ut(d to the expenditures on Recipient-executed activities. C. INSTITUTIONL AR RANG EMENT A Management Committee for the Multi-Donor Trust Fund for Justice Sector Support in the Republic of Serbia (the "Comn Littee") is established to provide general oversight and direction for the Trust Funi. The Committee is comprised of representatives from the M)J, all Donors contributing to he Trust Fund, the Bank and, as appropriate, other ber eficiaries of the Trust F und. The Committee shall be chaired by the Bank, and co- chaired by the Comnission. T-e Committee shall be consulted on individual activities to be financed from the Trust Fand, excluding activities concerning Trust Fund maagement, admiristraticn., and monitoring and supervision of Recipient-executed activities. The Republic cf Serbii and Donors may recommend to the Committee in writing to have certain acti,ities e) ecuted by the Bank, which shall be subject to Bank's approval. The Committee ;hall er sure that the activities financed under the Trust Fund are in conformity w th the le,v eloyment priorities of the Republic of Serbia, the Donors and the Bank, and also facilitate he Republic of Serbia's integration to the European Union. The Bank shall report 10 th . Committee on quarterly basis on activities financed or proposed to be financed iind-r tt e Trust Fund. D. PROJECT REPORTING ANI) INDICATORS The IBRD will monitor aid eval late the progress of the Project and prepare Project Re ports in accordance with the prc visions of Standard Provisions and on the basis of the indicators presented in App,.ndix A to this Administration Agreement. E. PROCUREMENT As soon as it is available, tlie Ban' will present to the Donors the Procurement Plan for the parts of the Project to be contra:ted by the Bank.