International Union for Conservation of Nature Regulations · PDF fileInternational Union for...

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International Union for Conservation of Nature Regulations Environmental Research and Advocacy Fund IUCN Regional Programme for Central America Validity as from 3 April 2006. Revised 30 April 2008 by the Fund Steering Committee

Transcript of International Union for Conservation of Nature Regulations · PDF fileInternational Union for...

International Union for Conservation of Nature

Regulations

Environmental Research and Advocacy Fund IUCN Regional Programme for

Central America

Validity as from 3 April 2006. Revised 30 April 2008

by the Fund Steering Committee

Table of contents PART ONE :..............................................................................................................................3

CHAPTER I: GENERAL DISPOSITIONS..............................................................................3 CHAPTER II: MAIN OBJECTIVE...........................................................................................4 CHAPTER III: SPECIFIC OBJECTIVES................................................................................4 CHAPTER IV: ELIGIBILITY...................................................................................................4

PART TWO: FRAMEWORK OF PROJECTS FOR PRESENTATION......................................6

CHAPTER I: ACCESS TO RESOURCES ...............................................................................................................................................6 CHAPTER II: PROYECT ELEGIBILITY................................................................................7 CHAPTER III: CALL FOR PROJECTS AND RECEIPT OF PROPOSALS...........................8 CHAPTER IV: PROJECT SELECTION................................................................................9 CHAPTER V: REPORTING.................................................................................................10 CHAPTER VI: FINANCING..................................................................................................10 CHAPTER VII: INSTITUTIONAL SUPPORT.......................................................................11 CHAPTER VIII: URGENT ADVOCACY...............................................................................13 CHAPTER IX: ADVOCACY AWARD...................................................................................15

PART THREE: ADMINISTRATIVE PROCESS........................................................................16

CHAPTER I: LEGAL STATUS..............................................................................................16 CHAPTER II: IMPLEMENTATION AGREEMENT................................................................16 CHAPTER III: DISBURSEMENTS....................................................................................... 17 CHAPTER IV: BANK ACCOUNT..........................................................................................18 CHAPTER V: MANAGEMENT AND ACCOUNTING PROCEDURES....................................................19 CHAPTER VI: FINANCIAL AND NARRATIVE REPORTS..................................................19 CHAPTER VII: SITE VISITS................................................................................................21 CHAPTER VIII: BUDGET MODIFICATIONS.......................................................................21 CHAPTER IX: ACQUIREMENT OF GOODS AND SERVICES SERVICIOS..........................................................................................................................21 CHAPTER X: TRAVEL AND TRAVEL ALLOWANCES.....................................................................................................................21 CHAPTER XI: SALARIES, FEES AND OTHER STAFF PAYMENTS..................................22 CHAPTER XII: COUNTERPART CONTRIBUTION..............................................................22 CHAPTER XIII: CANCELLATION OR REDUCTION IN CONTRIBUTION...........................22

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CHAPTER XIV: AUDIT...........................................................................................................23 CHAPTER XV: PUBLIC ACKNOWLEDGEMENT..................................................................23 CHAPTER XVI: THEFT..........................................................................................................24 CHAPTER XVII: SUPPORT AND ADVICE IN ADMINISTRATION OF FUNDS.....................24

PART FOUR: EVALUATION COMMITTEE AMBIENTAL............................................................................................................................25

CHAPTER I: GENERAL DISPOSITIONS............................................................................25 CHAPTER II: MANDATE AND SCOPE OF ACTION...........................................................25 CHAPTER III: ABSENCES..................................................................................................25 CHAPTER IV: OPERATION AND TASKS...........................................................................26

PART FIVE: COMBATTING CORRUPTION...........................................................................28

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PART ONE

CHAPTER I: GENERAL DISPOSITIONS

Article 1. These regulations are intended to establish directives and regulate operational and administrative procedures of projects financed through the Environmental Research and Advocacy Fund, established by the Government of the Kingdom of Denmark (Danida) as part of its Regional Environment Programme in Central America. Article 2. IUCN makes available the “ENVIRONMENTAL RESEARCH AND ADVOCACY AND RESEARCH FUND”, funded by the Government of the Kingdom of Denmark, through which financial resources will be approved and assigned to civil society organizations (CSO) for projects involving environmental research and advocacy activities. Article 3. The fund is aimed at Central American countries. However, it could include Mesoamerica in the case of cooperation agreements with other donors. Article 4. According to the present regulations, advocacy is understood to involve a series of activities developed by a CSO with the objective of achieving changes in decisions and policies within public-sector institutions and in legislation related to natural resources and the environment. Article 5. Under the present regulations, advocacy research is understood to involve a series of activities and processes to be undertaken by CSOs organizations, specialized research centres and universities, to generate knowledge, information and methodologies, and to systematize experiences. Article 6. Priority will be given to advocacy and research projects that are coordinated in seeking their goals. Coordinated activities are understood to be those that use knowledge acquired through research to impact the environmental policies of a country.

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CHAPTER II: MAIN OBJECTIVE

Article 7. Main objective. The countries in the Central American region, by means of the research and advocacy work carried out by civil society organisations, have made progress in the construction and implementation of local, national and regional policies, legal frameworks and environmental norms which are articulated in sustainable development policies.

CHAPTER III: SPECIFIC OBJECTIVES

Article 8. The Environmental Research and Advocacy Fund has two specific objectives: 1) CSOs that apply to the fund have improved their basic institutional and organizational capacities; and 2) CSOs that apply to the fund lead research and advocacy processes.

CHAPTER IV: ELIGIBILITY

Article 9. Eligible advocacy and research organizations include: a. Non-governmental organizations b. Regional and national networks c. Sectoral and unionized organizations d. Organizations and research bodies that meet the definition

specified in Article 5 e. Community organizations f. Local associations and organizations.

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Article 10. No organization that has a member of its board of directors on the Evaluation Committee is eligible for funding. Article 11. Those CSOs applying to the Fund are to demonstrate clearly through documentation, those local, national or regional changes they intend to make in policies, public decision-making processes or legislation through the project to improve the environment and the quality of life of the population. Article 12. Those CSOs applying to the Fund will be obliged, through the Implementation Agreement to guarantee that all activities carried out with resources from the Fund will respect legislation in the country in which they implement the project; the violation of this disposition could result in the project’s suspension. The Government of Denmark and the International Union for Conservation of Nature (IUCN) hold no responsibility for the conduct of those CSOs selected to carry out projects as part of the Environmental Research and Advocacy Fund. The opinions of these organizations correspond to those of Fund beneficiaries and should, under no circumstances, be interpreted as representing those of IUCN or the Government of Denmark.

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PART TWO: FRAMEWORK OF PROJECTS FOR PRESENTATION

CHAPTER I: ACCESS TO RESOURCES

Article 13. In order to access the Fund’s resources, CSOs are required to present their proposal using the Fund application form annexed to these Regulations. Article 14. The Fund will give priority to consortia of CSOs, as well as women’s, indigenous and youth organizations; not withstanding the foregoing, any CSO may present a proposal independently. Article 15. Compliance with the following requirements is necessary for applications on the part of organizations: a. Have been established for more than three years or be legally constituted in the country where the main offices are located. b. Be an organization that is legally constituted in one or various Central American countries. c. Have accounting systems and controls that are up to date. d. Have a presence and/or be working in the area in which the project is to be developed. e. The proposal is to be aligned with the objectives and goals of the Environmental Research and Advocacy Fund f. Complies with the assumptions regarding institutional support reflected in Articles 42, 43, 44, 45 and 46 where applicable. g. Present original certification of legal capacity or an authenticated copy. Article 16. The funds requested, corresponding to the expected results in the short, medium, and long terms, should be realistic and in line with real project costs. Article 17. CSOs that are headquartered outside Central America are unable to apply to the Fund.

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Article 18. IUCN will provide interested parties with all relevant documents and materials for the presentation of projects and their follow-up. Article 19. The proposal should include the following institutional and project information to enable evaluation:

a. Institutional profile. b. Previous experience. c. A description of the project’s pertinency, including a policy

analysis of the current situation and tendencies as part of the justification.

d. Project relevance in the territory in which it is to be implemented.

e. Technical consistency. f. Demonstrate a balance between budget and activities.

CHAPTER II: PROJECT ELEGIBILITY

Article 20. Preference will be given to those projects focusing on the following priority issues:

a. Trade and environment b. Environmental protection c. Poverty-environment d. Vulnerability reduction e. Environmental management f. Biodiversity conservation g. Sustainable tourism

The issues will reviewed annualy by the Steering Committee.

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CHAPTER III: CALL FOR PROJECTS AND RECEIPT OF PROPOSALS

Article 21. Interested parties should deliver their proposals accompanied by all documents indicated in these regulations, during the period of the call for proposals, in the format established by IUCN, including the matrix, in the original, printed version in a sealed envelope marked “Environmental Research and Advocacy – IUCN” to the IUCN offices at the following address:

South side of the Porfirio Brenes School Moravia Centre San José, Costa Rica. Telephone: +506 2241-0101 P. O. Box 146-2150

Article 22. All proposals received outside the deadline established in Article 24, or that do not comply with any of the requirements stipulated in these regulations will not be considered. Article 23. All requested information should also be sent via e-mail to:

[email protected] Article 24. The date and hour established for the reception of proposals will be the date and time at which these are received at IUCN’s Regional Headquarters in Moravia, Costa Rica. IUCN’s Regional Office for Mesoamerica will send a confirmation of receipt to the address indicated in the submission. Article 25. The deadline for the presentation of proposals will be indicated on the IUCN Mesoamerica website: www.iucn.org/mesoamerica and published in one of the principal national newspapers. Article 26. Projects approved by the Evaluation Committee will be made public by IUCN.

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CHAPTER IV: PROJECT SELECTION

Article 27. An Evaluation Committee will hold responsibility for selecting and approving the projects that are presented to the Fund and that comply with all the requirements established in these regulations. Article 28. The Evaluation Committee will comprise the President of the Mesoamerican Committee of IUCN Members and a representative of each one of the following sectors or organizations:

a. Private sector, with representations throughout the region b. Royal Danish Embassy (RDA) in the region c. Central American Commission on Environment and

Development (CCAD) d. A regional organization representing civil society (should

represent grassroots organizations such as indigenous peoples, women, youth, and local communities)

e. Other donors. IUCN’s Regional Office for Mesoamerican of the International Union for Conservation of Nature will serve as the Evaluation Committee’s secretariat and, together with an advisor of the DANIDA Environment Programme’s Advisory and Monitoring Unit, they will participate as observers, without voting powers, in the work of the Committee.

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CHAPTER V: REPORTING Article 29. Once the project has been selected an implementation agreement will be drawn up between the beneficiary organization and IUCN as to include clauses mutually agreed upon by the parties for the disbursement of the resources approved by the Fund. Article 30. Reports will be presented as stipulated in the signed agreement and according to the payment schedule of approved funds. Article 31. The proposal’s work plan should be structured in such a way allowing for the project to be implemented and finalized – including the presentation of final reports – within the approved time frame. Article 32. Reports on project progress and the final report should include narrative reflecting progress in the implementation of programmed activities and the achievement of established goals and results, according to the approved logical framework/matrix; and a financial report reflecting budget execution and expenses by activity.

CHAPTER VI: FINANCING

Article 33. Two simultaneous projects cannot be funded except in the case of urgent advocacy issues. Article 34. No organization may benefit from funding for more than two priority issues during a period of five years. Article 35. The maximum sum available for the funding of individual projects is seventy-five thousand US dollars (US$75,000), in response to proposed activities. Article 36. The Fund has a flexible budget line available for Urgent Advocacy issues for immediate and specific support. The amount

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available for individual projects within this budget line will not exceed ten thousand US dollars (US$10,000). Article 37. The Fund includes a budget line for institutional support. Article 38. The maximum duration for project implementation, in reference to Article 31, cannot not exceed two years. Article 39. Funds granted for environmental research and advocacy that are not specifically for institutional support, could consider items for institutional strengthening when these contribute to achieving the objectives and results of the proposed project. Article 40. In the case of a project having other sources of funding different from those approved by the Environmental Research and Advocacy Fund, the applicant should present a consolidated budget that clearly indicates the budget lines and activities to be financed by the different funds. Article 41 Without exception, the Fund will only make the agreed disbursements after progress and financial reports have been approved.

CHAPTER VII: INSTITUTIONAL SUPPORT

Article 42. Global institutional support will be provided for institutional strengthening, only when the achievement of concrete results in the field of advocacy and research in environmental policy can be demonstrated. Funds will therefore not be approved for budget increases unless these are linked to environmental research and advocacy processes. Article 43. In order for a CSO to qualify for institutional support, it must demonstrate that advocacy and policy research is what defines and orientates its work, thus constituting an integral part of its work. It should be clearly identifiable as an environmental advocacy organization, and its mission, vision, institutional objectives and work plans will be referred to the Fund’s Steering Committee. The fact that

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an organization qualifies does not mean that institutional support be approved. Article 44. Institutional support will be approved only to strengthen:

a. Strategic planning aimed at influencing environmental policy. b. The generation and management of reliable information aimed

at influencing a legislative initiative. c. Establishing confidence and credibility in the institution’s role in

advocacy d. Internal training, as part of the strategic plan, on issues of

participatory planning, budgeting, the role and operations of governmental institutions, alliances, human rights, gender, lobbying, access to politicians, etc.

e. The institutional plan or strategy to ensure long-term financial sustainability.

Article 45. In deciding on funding for institutional support, organizations must demonstrate that research and advocacy are their raison d’être, to be documented by providing at least: a. An annual operational plan of the CSO covering the past two

years b. A strategic plan c. A summary of the organization’s main advocacy achievements.

Article 46: The technical and financial evaluation of projects seeking institutional support will take into consideration each of the documents requested in the previous article.

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CHAPTER VIII: URGENT ADVOCACY

Article 47. Urgent Advocacy is a budget line of the Environmental Research and Advocacy Fund used to address unexpected research and advocacy issues. Article 48. Only activities that do not exceed ten thousand US dollars (US$10,000) can be financed. Article 49. No urgent activities that are contemplated in, or that complement an advocacy project financed by the Fund will be considered as urgent. Article 50.In order to be considered as an urgent activity, it should meet one of the following criteria:

a. To be faced with an executive agreement or governmental decision with a high environmental or social impact.

b. To be faced with a municipal decree with a high environmental or social impact.

c. An agreement has been made with some public authority to carry out an urgent, legally acceptable process with a positive environmental impact.

d. To be faced with an attempt by the government to pass a law, with important environmental implications, in a precipitated manner.

Article 51. Urgent requests should be presented to the Fund coordinator for review and the preparation of a rapid report to be submitted via e-mail or fax to all members of the Steering Committee, informing them of the urgency. Article 52. Once the report has been submitted by the Fund coordinator, Steering Committee members will give a positive or negative vote on the proposal with a period of 72 hours; only those projects with at least three affirmative votes will be approved.

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Article 53. Beneficiary organizations of the Fund’s Urgent Advocacy budget line must comply with the requirements established in Articles 12 and 14. Article 54. Activities funded by this budget line must initiate within 15 days of receipt of funds. Article 55. On termination of the Urgent Advocacy activity the organization will present an report on activities and a financial report within 30 days. Surplus funds must be returned to the Fund administrators. Article 56. In the case of non-compliance with that established in this section of the regulations, the organization will lose the right to present projects to the Fund, and all disbursements will be terminated should a project be in the process of implementation.

CHAPTER IX: ADVOCACY AWARD

Article 57. IUCN, through its the Environmental Research and Advocacy Fund financed by the Government of the Kingdom of Denmark, establishes the Central American Award for Environmental Advocacy. Article 58. The award, to be presented annually on the 13th September, will be known as the “Antorcha Ambiental”. Article 59 The Antorcha Ambiental will be awarded each year in a different Central American country in geographical order from north to south. Article 60. The Antorcha Ambiental will be represented by a sculpture symbolizing the relationship between liberty and nature conservation. Article 61. The award is aimed at Central American CSOs that have been successful in an advocacy process, and the result of which is demonstrable.

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Article 62. Applicants for the award should provide documentation explaining the advocacy processes that qualify them for the prize; clearly indicating the results obtained (norms, policies or legal frameworks), certifying the date of these and their legal validity. Article 63. The following criteria are to be considered in the selection of the winners:

a. Environmental impact of the result b. Social impact of the result c. Legal hierarchy d. Level of social participation e. Permanence of results

Article 64. Selection of the winners will be the responsibility of qualifying jury to be appointed by the Steering Committee. Article 65. The jury will be made up of three members and their decisions will be reached by majority. Article 66. Members of the jury can have no relation through ownership or affinity with any contestant.

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PART THREE: ADMINISTRATIVE PROCESS

Article 67. Of the objective: manage the financial resources of the projects beneficiaries of the Environmental Research and Advocacy Fund of IUCN’s Regional Environment Program in Central America, henceforth referred to as the Fund, this involving specific mechanisms and general norms.

CHAPTER I: LEGAL STATUS

Article 68. The Environmental Research and Advocacy Fund will only finance projects of organizations that are legally constituted within the Central American country in which they are established.

CHAPTER II: IMPLEMENTATION AGREEMENT

Article 69. The legal representatives of the beneficiary CSO and IUCN’s Regional Office for Mesoamerica, as Fund administrator, will sign an implementation agreement, as established in Article 29.

CHAPTER III: DISBURSEMENTS

Article 70. Contributions of the Fund for the implementation of projects, the budgets of which have been duly approved, will be made in US dollars. Article 71. The first payment from the Fund will be made on signature of the implementation agreement. Article 72. In order for the following payments to be made, it will be necessary for the beneficiary CSO to present the progress report to be presented in the established format.

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Article 73. In the case of approved Urgent Advocacy projects, the first payment will be for 80% of the approved sum, and the remaining 20% will be disbursed on approval of the final activity and financial reports. Article 74. Progress reports are to be reviewed, verified and approved prior to transfer of the agreed funds. Article 75. Transfers will be authorized as per Article 69, on condition that the beneficiary CSO has used at least 80% of the previous transfer. In the case of not having used the indicated percentage, the difference will be deducted from the following fund transfer and completing the total amount of the corresponding transfer. Delay in spending the funds must be justified in writing, attaching a re-scheduling of activities and budget implementation. The delay may be considered by IUCN as justification for terminating the contract and transferring no further funds, exempting IUCN from all responsibility. Article 76. Funds will be transferred according to the following schedule: a. In the case of projects of up to six months duration, three payments

will be made. The first will be of 40% on signature of the agreement, the second of 50% half way through the project, and the final payment of 10% at the end of the agreement and on approval of the final report.

b. In the case of projects of over six months and up to 18 months duration, three payments will be made. The first will be of 50% on signature of the agreement, a second payment of 40% will be made half-way through the project on approval of the first report, and a final payment of 10% on approval of the final report.

c. In the case of projects of over 18 months and up to two years, four payments will be made. The first will be of 40% on signature of the agreement, a second payment of 30% during the second semester, a third payment of 20% in the third semester, with a final payment of 10% at the end of the agreement and on approval of the final report.

d. In the case of a delay in a project’s implementation, IUCN might able to authorize an extension, without an increase in the

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e. assignment of funds, on the basis of a clear justification on the part

of the beneficiary CSO.

CHAPTER IV: BANK ACCOUNT

Article 77. The beneficiary CSO will use a bank account exclusively for project operations. This account should be duly identified with a project number assigned by IUCN. Article 78. The bank account must be open for receipt of the first transfer of funds, and should the account generate interest, these are to be returned to IUCN, as Fund administrator, on presentation of the final report. Income generated through interest is to be reported in the corresponding financial reports. Article 79. Beneficiary CSOs will emit receipts to ensure control of disbursements charged against the contribution of the Fund. Receipts are to comply with legal requirements of the country in which the project is implemented. Article 80. Current accounts should have at least three registered signatures, and cheques emitted are to be jointly signed with at least two signatures. This is an essential requirement for the transfer of funds. Article 81. Bank accounts are to be reconciled on a monthly basis and included in progress reports. Article 82. On closure of the project the beneficiary CSO is to provide bank documentation indicating that the account has been reconciled and closed.

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CHAPTER V: ACCOUNTING MANAGEMENT AND PROCEDURES

Article 83. Contributions from the Fund are to be reflected in the monthly accounts of the beneficiary CSO, and for which all charges against the Fund are to be supported by documents that meet standard accounting norms. Article 84. Compliance with the fiscal and legal requirements corresponding to use of the contribution from the Fund will be the sole responsibility of the beneficiary CSO. Article 85. Supporting documents for the accounts and bank documents of the beneficiary CSO are to be available at all times and should be safeguarded for a minimum of six years after project conclusion.

CHAPTER VI: FINANCIAL AND NARRATIVE REPORTS

Article 86. All beneficiary organizations should ensure all expenses are backed by legally valid documentation. IUCN, as Fund administrator, could demand the presentation of invoices, receipts, contracts, terms of reference or any other document it deems necessary at any time. This requirement will be communicated to the organization with five days notice.

Article 87. On the progress report: the beneficiary CSO will present progress reports based on a format provided by the Fund coordinator. These are to include a narrative section, a financial section, and necessary annexes, and be presented according to the timeframe established in the agreement and that stipulated in Articles 72 and 75. The approval of progress reports will be required prior to transfer of the agreed sums. In the case of projects with a duration of less than four months, reporting requirements will be stipulated in the agreement.

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SECTION I: FINANCIAL REPORTS Article 88. On the financial report: Those organizations that have not been notified by IUCN need only present: a. The completed financial report form accompanied by photocopies of bank statements indicating charges to each budget line. b. The completed forms are to be signed by the organization’s accountant. e. The beneficiary CSO’s accountant must emit and send a document to the Fund administrator at IUCN, accompanied by a photocopy of the corresponding bank deposit, confirming receipt of funds.

SECTION II: NARRATIVE REPORTS Article 89. Narrative reports will be presented in the format required by the Fund and correspond to the approved project. Article 90. These are to be presented during the first fifteen calendar days of the month established in the reporting schedule. Should materials have been produced, copies of these are to be annexed. Article 91. Reports of training activities should include participants’ lists and copies of materials produced.

CHAPTER VII: SITE VISITS Article 92. Depending on project duration, the Fund administrator will carry out monitoring visits to verify project progress, determine any limitations and obstacles encountered, and agree on means to ensure results are obtained. Article 93. During the monitoring process technical, administrative and financial verifications will be carried out; directors and staff of the beneficiary CSO are to provide any assistance that might be required,

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having financial and technical documentation to hand for IUCN evaluators.

CHAPTER VIII: BUDGET MODIFICATIONS

Article 94. Should budgetary modifications be required during project implementation, budget lines may be modified by up to 10%, and changes will be reported in the following financial report. Should the total amount approved for the project be exceeded, the organization must assume the difference. CHAPTER IX: ACQUIREMENT OF GOODS AND SERVICES Article 95. The policies and guidelines established by IUCN on the acquirement of goods and services shall be applied. The amount paid for professional services shall not exceed US$2,500 per month. CHAPTER X: TRAVEL AND TRAVEL ALLOWANCES Article 96. Travel allowances for international travel defined in the budget of each project should be aligned, at the maximum, with the table applied by IUCN; and in the case of national travel, these should be in line with the national standard for civil servants. All air travel charged to a project financed by the Fund, shall be in economy class.

CHAPTER XI: SALARIES, FEES AND OTHER STAFF PAYMENTS

Article 97. The legal representative and the accountant of the beneficiary CSO are responsible for compliance with national legislation regarding social security, safety at work, and contractual requirements.

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CHAPTER XII: COUNTERPART CONTRIBUTIONS

Article 98. Counterpart and other contributions should have sufficient evidence for them to be considered as such. Likewise, beneficiary CSOs should have a mechanism in place whereby non-accountable contributions (labour, meetings, etc.) can be quantified and presented in the corresponding financial reports.

CHAPTER XIII: PROJECT CANCELATION OR REDUCTION OF CONTRIBUTION

Article 99. The Fund’s contribution to the project could be suspended or cancelled should the beneficiary CSO not use it exclusively for the purposes agreed upon in the operational budget. In such a case the financial resources available, those used for other ends, and assets acquired are to be reimbursed immediately. Article 100. The Fund’s contribution could be reduced if:

a. real costs are less than approved budget amounts; b. another funding source, different from the Fund, assumes

budgeted costs, as a result of other agreements; c. despite having made project adjustments as a result of risk

management, changes in the situation and the context, the results are not those that were foreseen.

d. In any of these cases unused funds are to be returned by the beneficiary CSO.

CHAPTER XIV: AUDIT

Article 101. The beneficiary CSO is to authorize IUCN, through the implementation agreement, to carry out audits on the use and management of funds provided during or after project implementation. The costs of these audits are to be covered by the individual organization that should also facilitate the process and ensure it be carried out in an agile manner.

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Article 102. Those organizations that carry out an internal or external audit of the contribution received from the Fund, should make the results available to IUCN.

CHAPTER XV: PUBLIC ACKNOWLEDGEMENT

Article 103. Only the beneficiary CSO can use the IUCN logo and distinguishing labels or those of institutions of the Government of the Kingdom of Denmark, in publications, publicity, or any type of promotional material relating to the project, with written permission of the institutions involved, clearly indicating the following: “This project is financed by the Environmental Research and Advocacy Fund in Central America. IUCN-DANIDA. Opinions expressed are those of the author and do not necessarily represent those of the co-operating agencies.” Should a CSO not comply with that stipulated herewith, and not be in possession of written authority from either IUCN or the Government of the Kingdom of Denmark, assigned funds could be withdrawn and appropriate legal processes initiated.

CHAPTER XVI: THEFT

Article 104. In the case of some form of theft from the beneficiary CSO in which project materials or equipment financed by the fund are lost, the corresponding written report should be presented to IUCN together with copies of the denouncement presented to the relevant legal authorities. Article 105. In the case of theft of materials or equipment, the Fund administrator will carry out a study to determine actions to be taken. However, in the case of thefts of cash, total responsibility is to be assumed by the beneficiary organization.

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CHAPTER XVII: SUPPORT AND ADVICE IN ADMINISTRATION OF FUNDS

Article 106. IUCN will, to the best of its ability, provide advice and accompany all beneficiary CSOs in the administration of funds and the presentation of reports.

PART FOUR: EVALUATION COMMITTEE

CHAPTER I: GENERAL DISPOSITIONS

Article 107. The Evaluation Committee will be responsible for deciding on the civil society applications to the Fund. Article 108. Membership of the Evaluation Committee will be for a maximum period of two years. Article 109. The Evaluation Committee is the Fund’s formal joint decision-making body comprising those entities identified in Article 28.

CHAPTER II: MANDATE AND SCOPE OF ACTION

Article 110. The Evaluation Committee’s mandate includes the analysis of and decisions on the viability of project proposals presented by CSOs to the Fund.

CHAPTER III: DE LAS AUSENCIAS

Article 111. Each of the entities to be represented on the Evaluation Committee will nominate a representative. The Steering Committee will decide upon the replacement of those representatives with more than two unjustified absences from consecutive meetings.

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CHAPTER IV: OPERATION AND TASKS

Article 112. The Evaluation Committee will hold two ordinary sessions a year. During these sessions proposals submitted for review will be analyzed and decisions taken as to whether or not they are approved. Article 113. IUCN will call for extraordinary sessions of the Evaluation Committee to analyze and take any pertinent decisions on requests or documents brought to its attention. Article 114. A minimum quorum of three members is required for decisions to be taken in the ordinary and extraordinary sessions. Article 115. Proposals reviewed in the sessions could be either approved or rejected, but whatever the decision, this must be fully justified. Article 116. The decisions of the Evaluation Committee will be taken by simple majority. Article 117. The Evaluation Committee will be assisted by a team in coordinating the Fund’s activities verifying that all requirements in these regulations are met, and providing an executive summary on each one of the proposals to assist the Evaluation Committee in the decision-making process. Article 118. The Evaluation Committee will be a position to approve only those projects that are technically justified. Article 119. Sessions of the Evaluation Committee will receive a progress report on approved projects. Article 120. Members of the Evaluation Committee cannot participate in projects financed through the Fund.

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Article 121. Minutes will be taken at each session of the Evaluation Committee, and these are to be signed by participants. Article 122. All decisions taken by the Evaluation Committee are final, irrevocable, un-appealable and without further recourse. Article 123. The Evaluation Committee cannot exempt organizations from one or more requirements for project approval. Article 124. Members of the Evaluation Committee must be of the highest moral standing and good behaviour. In addition to which they must be free from any administrative, civil or penal records relating to domestic violence, embezzlement, child abuse, paedophilia, terrorism or acts against democracy, state institutionality and stablility, international criminal offences, corruption, or have been expelled from a civil society organization for embezzlement, or have broken the laws pertaining to unlawful enrichment and corruption. Article 125. Article 122 will apply to members of the Council, legal representatives and members of the board or directors of the organizations that apply to the Fund. Article 126. Articles 122 and 123 will apply at all times until the finalization of the projects.

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PART FIVE: COMBATTING CORRUPTION

Article 127. Combating corruption is an element essential to good management and the appropriate use of the Fund’s resources. Article 128. Project selection will take place in a transparent and open manner on the basis of quality proposals and the need for them within the national or regional contexts. Joint efforts will thus be made in the fight against corruption, with no payment, gift or any type of favour will be granted directly or indirectly to any person, with a view to obtaining money from the Fund. Article 129. No staff members of any beneficiary CSO may offer third parties any type of advantage, be this directly or indirectly, gifts or any type of advantages that could be construed as an illicit or illegal practice in seeking their objectives. All acts of this nature will be constitute a sufficient cause for the cancellation of the Fund’s Implementation Agreement or for taking necessary corrective measures according to applicable laws. Valid as from 3 April 2006. Revised 30 April 2008 by the Steering Committee.

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