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of Afghanistan
through a process of mutual accountability in achieving mutually decided goals as laid out in this document, hereafter the Tokyo Framework.
The International Communitys ability to sustain support for Afghanistan depends upon the Afghan Government delivering on its commitments
described in the Tokyo Framework. This document establishes an approach based on mutual commitments of the Afghan Government and the
International Community to help Afghanistan achieve its development and governance goals based on the International Communitys
commitments in the Tokyo Framework. The Tokyo Framework establishes a mechanism to monitor and review commitments on a regular basis.
Good governance is essential for strong and sustainable economic development and improved livelihoods of the Afghan people. Recognizing
this fact, this accountability framework concretizes the mutual commitments decided in the Kabul Process and reaffirmed at the Bonn
Conference by stipulating shared development and governance goals and a mechanism as described in this document to hold parties
accountable for achieving them. The goals are consistent with the Afghan Governments economic and development strategy presented in
Towards Self-Reliance. At the December 2011 Bonn Conference, the International Community affirmed the special status of Afghanistan to
receive donor assistance from Transition through Transformation in greater measure than similarly situated nations. The Afghan Government and
the International Community are bound by their citizens expectations for the effective and transparent stewardship of resources. The Afghan
Government reaffirms its solemn commitment to strengthen governance, grounded in human rights, the rule of law, and adherence to the
Afghan Constitution, and holds it as integral to sustained economic growth and development. Working in partnership with the International
Community, the Afghan Government seeks sustained development, economic growth and fiscal sustainability with declining reliance on donor
financing as articulated in Towards Self-Reliance. To fulfill this vision, the Afghan Government has put together the National Priority Programs
(NPPs), and, in consultation with International Community, is developing an Aid Management Policy to be endorsed by the Joint Coordination
and Monitoring Board (JCMB) by December 2012 to ensure optimal execution and effectiveness of international assistance aligned with national
priorities. As Afghanistan enters the Transformation Decade, progress from the past decade in areas that underpin sustained economic growth
and development,
especially
for women and girls, such as education, health and other basic services, as well as strengthened respect for human
AID MANAGEMENT
DIRECTORATE
rights, must continue. Challenges such as vulnerability to natural disasters and humanitarian needs must also be addressed jointly in an effective
and appropriate manner in Transition and the Transformation Decade. Successful transition will lead to a decade of Transformation where
Afghanistan will build on the benefits of Transition to become an effectively governed and economically, socially progressing country driven by
its own national priorities. This requires a paradigm shift in the nature of partnership between the Afghan Government and the International
Community, from that of being recipient and donors to owner and partners. The realization of this shift necessitates re-defining the principle,
reciprocal commitments and modalities of partnership, which is the purpose of the Tokyo Framework. The Tokyo Conference is the turning point
to begin this re-definition in our partnership. Principles The Tokyo Framework is based on broadly accepted principles of inclusive and sustainable
economic growth and development: Governance has a direct bearing on development performance; International assistance aligned with
national priority programs enhances efficiency and sustainability of development assistance; International assistance through national budgets
can IMPLEMENTATION
improve national institutional
capacities,
performance, and accountability to its citizens; Monitoring of development and
GUIDANCE
NOTEdevelopment
#3
governance benchmarks in a transparent manner is a powerful means to enable accountability to the Afghan people, and reinforce reciprocal
commitments of donors; Private investment both domestic and foreign is key to sustainable economic growth; and Regional cooperation
facilitates the integration of regional economies, thus contributing to the sustainability of development efforts in Afghanistan. Mutual
Commitments The Participants emphasize the importance of the delivery of assistance through adhering to the principles of aid effectiveness,
that they cannot continue business as usual, and must move from promise to practice. The Tokyo Framework sets out a new reinvigorated
development partnership between the Afghan Government and the International Community. The Afghan Government and the International
Community affirm that a functional democracy based on credible and inclusive elections, a professional and efficient civil service, access to justice
and the rule of law are essential to a secure, just, stable and prosperous Afghanistan. Strengthened governance and institutions with a particular
focus on the rights of women are prerequisites for strong and sustainable economic growth, employment generation and prosperity for the
Afghan people. Afghanistan Governance and Development Commitments The Afghan Government and the International Community are to
monitor performance for five major areas of development and governance according to the modalities described below. A timeline for these
indicators is to be developed by the Afghan Government for the next JCMB meeting. The desired goals and initial indicators for each area are
stated below. Representational Democracy and Equitable Elections Goal: Conduct credible, inclusive and transparent Presidential and
Parliamentary elections in 2014 and 2015 according to the Afghan Constitution, in which eligible Afghan citizens, men and women, have the
opportunity to participate freely without internal or external interference in accordance with the law. Develop, by early 2013, a comprehensive
election timeline through 2015 for electoral preparations and polling dates; and Ensure that a robust electoral architecture is developed in a
secure, participatory and transparent manner to enable successful and timely elections. Governance, Rule of Law and Human Rights Goal:
Improve access to justice for all, in particular women, by ensuring that the Constitution and other fundamental laws are enforced expeditiously,
fairly and transparently; ensure that women can fully enjoy their economic, social, civil, political and cultural rights; fight against corruption,
including strengthening counter-narcotics efforts; and improve the capacity of state institutions. Indicators: Ensure respect for human rights for
all citizens, in particular for women and children, and allow the Afghanistan Independent Human Rights Commission and civil society
organizations to perform their appropriate functions; Demonstrated implementation, with civil society engagement, of both the Elimination of
Violence Against Women Law (EVAW), including through services to victims as well as law enforcement, and the implementation of the National
Action Plan for Women (NAPWA) on an annual basis; and Enact and enforce the legal framework for fighting corruption including, for example,
annual asset declarations of senior public officials including the executive, legislative and judiciary. Integrity of Public Finance and Commercial
Banking Goal: Improved integrity of public financial management and the commercial banking sector. Implement the government program
supported by the International Monetary Fund on schedule; continue to enforce asset recovery and accountability for those responsible for the
Kabul Bank crisis; and strengthen banking supervision and reforms through Da Afghanistan Bank; Implement Public Financial Management
Action Plan and improve the management of public funds as measured by Public Expenditure and Financial Accountability (PEFA) assessment by
20 percent and raise the transparency of public funds measured by the Open Budget Initiative (OBI) to more than 40 percent; and
Implement the recommendations from the Financial Action Task Force Asia Pacific Group regarding anti-money laundering and combating
terrorist financing. Government Revenues, Budget Execution and Sub-National Governance Goal: Improve the Afghan Governments revenue
collection and capacity of line Ministries to develop and execute budgets accountable to, and incorporating, local needs and preferences.
Indicators: Through more efficient, transparent and accountable customs and tax systems, raise the ratio of revenue collection to GDP from 11
percent to 15 percent by 2016, and to 19 percent by 2025; Improve budget execution to 75 percent by 2017; Enact a legal framework to clarify
roles, and responsibilities
of government agencies at national, provincial and district levels, in line with the 2010 Sub-National Governance Policy;
MINISTRY OF FINANCE
GOVERNMENT budgeting
OF THE ISLAMICprocess
REPUBLIC OF
AFGHANISTAN
and Develop a provincial
that
includes provincial input into the relevant Ministries formulation of budget requests, linked to
a provincial planning process in which Provincial Councils have their consultative roles. Inclusive and Sustained Growth and Development
Goal: Achieve inclusive and sustained growth through a focus on human development, food security, private investment, and decent work and
2014
Preamble
This Guidance Note No. 3 is the third in a series of guidance notes prepared for both internal use
within the Government of the Islamic Republic of Afghanistan (GIRoA) and for our Development
Partners (DP). Further guidance notes will be issued in due course to cover other topics to help with
implementation of the GIRoA Aid Management Policy (AMP).
Guidance as set out in this note, allows for exceptions in its implementation and does leave some
scope for innovation and flexibility, otherwise it would not be called guidance. Thus the guidance
is not binding on the Government or DPs, in the sense of being mandatory in every detail. However,
the Guidance does have to be followed in the sense of its contents being drawn on for reference
and being regarded as setting out the ideal course to pursue to implement the Governments Aid
management Policy.
This guidance is specifically designed to enable the MOF to draw up and agree mutually acceptable
agreements that specify the overall objectives of development assistance, the criteria governing
the provision of development assistance, the sectoral and geographic preferences, as well as the
volume, type and implementation modality of aid provided to Afghanistan during a given time limit.
List of Guidance Notes in this Series
1.
2.
3.
The Paris Declaration (2005), Accra Agenda for Action (2008), and the New Deal for Engagement in Fragile States (2011).
In short, strategic resource planning becomes possible. As a result, the monitoring and evaluation
of development assistance also stipulated in the Managing for Results principle of the Paris
Declaration, the TMAF, the New Deal Compact, and the AMP becomes possible so development
effectiveness is realized.
In a heavily aid-dependent country like Afghanistan, coordinating the actions of many DPs is challenging. Both the international commitments on aid effectiveness and also the past 10 years experience of reconstruction and development in Afghanistan have increasingly taught us an important
message: that partnership between GIRoA and DPs is necessary. A DFA can act as an effective
symbol of such partnership and reflects a mutual commitment to cooperate on issues of shared
interest and benefit.
In the current context of transition, where a future reduction in development resources is likely,
there is urgent need for better prioritisation of activities. We can no longer afford to act in an uncoordinated fashion. A DFA avoids exactly this; it prioritises activities for each donor and sets the
parameters of their development activities in Afghanistan, based on mutual agreement. With transition, it is essential to minimise duplication and wasteful spending and to truly focus on the needs
of the country. DFAs can increase value for money for DPs.
The Kabul Conference in 2010 and the Tokyo Mutual Accountability Framework (TMAF) commitments made in 2012, witnessed a renewed commitment to support the national priorities of Afghanistan by GIRoA and DPs. The DFA translates these commitments into a practical tool to implement
the national priorities, as a DFA is based on national priorities. Any DP who agrees a DFA is
therefore increasing alignment with Afghan priorities. GIRoA intends to increase its recognition of
alignment in future. This includes officially acknowledging all the DFA forms, in the Development
Cooperation Report (DCR), the forthcoming AMD Newsletters and the MOF website.
Having an up-to-date DFA will save time and effort for both parties, particularly when resources are
stretched or to be deployed quickly. By the time individual financing agreements need to be signed,
the projects and sectors have already been previously agreed by GIRoA and DP within the DFA,
so lengthy examination of the sectoral context of each project can be avoided. This will speed up
processing and project implementation.
4.
Annexes
Annexes
Annexes
Annexes
Annexes
The Government of the Islamic Republic of Afghanistan refered to as GIRoA and the Government of [DPs Country] referred to as DPs name are the two Parties involved in this
Agreement.
Both parties:
are AWARE of the importance of the support and co-operation of the [DP] for the stability, resilience, economic growth and prosperity of Afghanistan;
will UNDERTAKE to support, through co-operation activities , the achievement of
the Millennium Development Goals, in line with the National Priorities identified in the
National Development Strategies of the GIRoA and articulated within the National
Priority Programs;
will HAVE regard to the friendly relations between the two countries;
are DESIROUS of strengthening mutual relations and the long-term co-operation between the two countries;
INTEND to further promote the social and economic development in Afghanistan;
RECOGNISE the relevance of the principles of effective development co-operation as
agreed and underlined in the New Deal for Engagement in Fragile States and other
international aid effectiveness fora.
are DETERMINED to strengthen co-operation in sectors identified under National
Strategic Planning Frameworks and the National Priority Programs (NPPs).
More specifically, both parties agree to the following:
Annexes
TITLE I
GENERAL PROVISIONS
ARTICLE 1
DEFINITIONS
-
Agreement means this Framework Agreement and all of its schedules and annexes;
Commitment means the allocation of a certain amount of the Contribution to a Project agreed
upon by the Parties;
Contribution means the non-reimbursable financial contribution granted by [DP] under this
Agreement;
Fiscal Year means the period beginning December 22 of a year and ending December 21 of
the following year;
Grant means transfers in cash or in kind for which no legal debt is incurred by the recipient;
Loan means transfers in cash or in kind for which the recipient incurs a legal debt;
National Priority Programs mean the development programs identified by the GIRoA for
economic sustainability which will be implemented over a specified time-frame;
New Deal is endorsed by the members of International Dialogue on Peace- building and Statebuilding (G7+), proposes key peace-building and state-building goals, focuses on new ways of
engaging, and identifies commitments to build mutual trust and achieve better results in fragile
states;
Parties means both states of The Islamic Republic of Afghanistan and [DP];
Project means a specific project or program or other joint activities in this Agreement or
Financial Agreement;
On-budget means all operations and projects, including donor financed programs and project
financing which are under the full control of the GIRoA and is reported in the national budget
documentation;
Off-budget means any inflow of resources or spending that are excluded from the national
budget and not managed through the government systems.
Annexes
ARTICLE 2
SCOPE OF WORK
1. This Development Framework Agreement (hereinafter referred to as The Agreement) sets the
criteria through which the [DP] supports the GIRoA in pursuing development programs for Afghanistan,
and defines their implementation modalities and coordination arrangements;
2. The Agreement defines the framework for development co-operation between [DP] and GIRoA
over the next [Number of years] in priority areas including those identified under the National Priority
Programs (NPPs);
3. The Parties reaffirm their commitment to the Accra Agenda for Action, Paris Declaration of 2005,
and Busan Partnership for Effective Development Co-operation on Aid Effectiveness, the Tokyo Mutual
Accountability Framework (TMAF) Commitments, the New Deal, and the Aid Management Policy (AMP)
and agree to strengthen co-operation with a view to further improving development performance;
4. The Agreement defines the mechanism to enhance their relation through a strengthened
partnership and to develop co-operation areas at all level e.g. bilateral, regional and international;
5. The Agreement emphasizes on the importance of New Deal for Engagement in Fragile States;
and
6. Ministry of Finance and the [DP] in Afghanistan shall represent their respective parties in matters
concerning the implementation of this Agreement.
ARTICLE 3
OBJECTIVES OF COOPERATION
The objectives of this Agreement are to strengthen dialogue and cooperation on development with a
view to:
1.
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Annexes
TITLE II
11
Annexes
ARTICLE 8
UNDERUTILIZED CONTRIBUTIONS
Unless the [DP] and MOF have agreed to a different arrangement, the following procedures will apply
to underutilized funds of on-budget portion of [DP]s assistance:
[DP] shall carry forward underutilized but committed funds appropriated in the national budget from
one financial year to the next financial year and for the same project without affecting their forward
commitments. The allocation of underutilized funds to specific projects and activities will be covered
under specific financing agreements.
The amount of funds committed by [DP] to a specific sector, project and activity may be reallocated in
whole or in part or may be canceled in whole or in part on the basis of a notification by the MoF to the
donor with respect to the funds the MoF has determined will not be disbursed or used.
12
Annexes
TITLE III
Line ministries shall be involved at all stages of projects planning, implementation and monitoring.
3. Consultations shall be held with all relevant stakeholders to assess alignment of the project to
national priorities and to avoid possible duplication.
4. Financing Agreement (FA) shall be signed with MOF and may include the relevant line ministry
to formalize the contribution.
5. The approved off-budget project shall be registered in the Development Assistance Database
(DAD) either by the [DP] or MOF.
ARTICLE 9
USE OF NATIONAL TECHNICAL ASSISTANCE
In order to harmonize salary scales and allowances of national personnel employed through project(s)
under this agreement with the compensation system in the Afghanistan civil service system, the [DP]
shall utilize the National Technical Assistance (NTA) Remuneration Policy, which was adopted by
GIRoA through a Presidential Decree (No. 635).
ARTICLE 10
COORDINATION ARRANGEMENTS
A number of process and/or processes will be utilized in order to ensure effective implementation of
this Agreement.
1. The Parties agree to monitor the implementation of this agreement through the Development
Cooperation Dialogue (DCD) process on an annual basis. The DCD will be chaired by MOF and will
include high-level officials of both Parties and shall review and discuss mutual commitments and
results achieved under this Agreement.
2. A Working Group, composed of technical representatives of both Parties, shall be established
with an overall responsibility to monitor and report on the implementation of this Agreement. The
Working Group will normally meet twice a year or on a quarterly basis in Kabul and [Capital of DP]
alternately. The Working Group will be responsible for developing an annual implementation and
monitoring plan, which will be discussed and approved in the DCD.
3. Either party may conduct additional independent, third-party monitoring and evaluation as per
request. [See Article 12.]
4. Annual review of DPs portfolio shall be conducted based on mutual desire of both Parties. In this
process project and program level progress and plans will be reviewed.
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Annexes
TITLE IV
14
Annexes
TITLE V
FINAL PROVISIONS
ARTICLE 13
DISPUTE RESOLUTION
Any dispute about the interpretation or application of this Agreement shall be resolved through mutual
consultations and discussions.
ARTICLE 14
AMENDMENTS
Any amendment agreed to by both Parties shall be disclosed in writing and in line with the objectives
of this Agreement. If accepted by both parties, such amendment shall come into effect on the date
determined and agreed to by both Contracting Parties.
ARTICLE 15
TERMINATION
1. This Agreement shall continue to be in force for [X] years unless terminated by written notification
by one of the Contracting Parties. Termination shall take effect 3 months after the date of written
notification.
2. On termination of this Agreement, any assistance still in the course of execution shall be carried
out to its completion in accordance with this Agreement and any subsidiary Financing Agreement.
ARTICLE 15
ENTRY INTO FORCE
This Agreement shall enter into force upon its signature by both parties. It shall be valid up until [agreed
year], and automatically renewable for an equal period of time after its expiration date. However, either
party may withdraw from the Agreement by giving written notice to the other party at least two months
before the date on which it is due to expire.
Date
Date
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