Myanmar Development Assistant Policy 2020

Made 2019 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language: English
Kind: policy
Organisation: Mekong River Commission (MRC)
Country: Myanmar (Burma)
Subjects: General
Keywords: financing, poverty, sustainable development, policy/planning, authorization/permit, international cooperation, equity

Where to read it

The official source

Text

The law's own text, section by section, as held. Each section has its own link.

1.1 — Development Assistance Core Principles ....... ............................................................ ........ 16
1.1. Development Assistance Core Principles ....... ............................................................ ........ 16 2. MYANMAR'S VISION FOR DEVELOPMENT ASSISTANCE ........................... 17
2.1 — The Myanmar Sustainable Development Plan 2018-2030 .................................................. 17
2.1. The Myanmar Sustainable Development Plan 2018-2030 .................................................. 17
2.1.1 — Peace, t he MSDP & Development Assistance ................................................................... ................... 18
2.1.1. Peace, t he MSDP & Development Assistance ................................................................... ................... 18
2.1.2 — The SDGs in the Context of the MSDP .................................. ............................................ ................... 18
2.1.2. The SDGs in the Context of the MSDP .................................. ............................................ ................... 18
2.2 — Sectoral Coordination .............................................................................................. ........ 19
2.2. Sectoral Coordination .............................................................................................. ........ 19 3. PARTNERSHIPS ........................................................................................ 20 Box 1. "CECORD" Partnership Principles... ...............................................................................................................................20 3.1. Bilateral Partners & Bilateral Development Institutions .................................................... 20 3.2. Multilateral Partners & International Financial Institutions ............................................... 21
3.3 — The United Nations Country Team ................................................... ......................... ........ 21
3.3. The United Nations Country Team ................................................... ......................... ........ 21
3.4 — Local & International Civil Society Organisations .... ................ ........................................... 21
3.4. Local & International Civil Society Organisations .... ................ ........................................... 21
3.4.1 — International Non-Government Organisations .................................................................................... 21
3.4.1. International Non-Government Organisations .................................................................................... 21
3.4.2
3.4.2. Local Civil Society Organisations .......................................................................................................... 22 3.5. International Philanthropic Organisations & Global Foundations............................... ........ 23 3.6. South-South, Triangular Cooperation & Regional Partnerships ..........................................23
3.7 — The Private Sector ........................................................................... ................................. 24
3.7. The Private Sector ........................................................................... ................................. 24
3.8 — Conflict-Sensitive Approaches ...................... .............................................. ...................... 24
3.8. Conflict-Sensitive Approaches ...................... .............................................. ...................... 24 3.9. The Global Partnership for Effective Development Cooperation ................................ ........24
3.10 — Transparency in the Provision of Development Assistance ................................................ 25
3.10. Transparency in the Provision of Development Assistance ................................................ 25 4. DEVELOPMENT ASSISTANCE COORDINATION .......................................... 26
4.1 — Government Coordination Entities ............................. ...................................................... 26
4.1. Government Coordination Entities ............................. ...................................................... 26
4.1.1
4.1.1. Cabinet & Economic Committ ee .................. ............................................................. ................. .......... 26 4.1.1.1. The Economic Sub-Committee of Cabinet ('Economic Committee').......................................................... 26
4.1.1.2
4.1.1.2. The Cabinet ................................................................................................................................................ 26
4.1.1.3
4.1.1.3. The Office of the President ........................................................................................................................ 26
4.1.2
4.1.2. The Hluttaw ...................................................................................................................... ................. ..27
4.1.3 — The Development Assistance Coordination Unit ..................................... ......................... ................... 27
4.1.3. The Development Assistance Coordination Unit ..................................... ......................... ................... 27
4.2 — The Ministry of Foreign Affairs .........................................................................................29
4.2. The Ministry of Foreign Affairs .........................................................................................29
4.3 — The Ministry of Planning, Finance & Industry .................................................................... 29
4.3. The Ministry of Planning, Finance & Industry .................................................................... 29
4.3.1
4.3.1. The Budget Department ......................................................................................................................29
4.3.2
4.3.2. The Treasury Department .................................................................................................................... 29
4.3.3
4.3.3. The Planning Department .................................................................................................................... 29 4.3.4. The Project Appraisal & Progress Reporting Department ...................................................................30 4.3.5. The Central Equipment Statistics & Inspection Department ............................................................... 30 4.4. The Ministry of Investment & Foreign Economic Relations ................................................30
4.4.1 — The Foreign Economic Relations Department ......................................... .......................................... ..30
4.4.1. The Foreign Economic Relations Department ......................................... .......................................... ..30
4.5 — Line Ministries & Other Government Entities .................................................................... 31
4.5. Line Ministries & Other Government Entities .................................................................... 31
4.6 — State & Region Governments ..................................................... .............................. ........ 31
4.6. State & Region Governments ..................................................... .............................. ........ 31 4. 7. The Myanmar Development Institute .. .............................................................................32
4.8 — Coordination Structures, Systems & Fora ..........................................................................32
4.8. Coordination Structures, Systems & Fora ..........................................................................32
4.8.1
4.8.1. Strategic Coordination Groups ............ ........ ......................... ............................................................... 32 Box 2. Strategic Coordination Groups .....................................................................................................................................32 Box 3. Strategic Coordination Group Operat ing Guidelines .....................................................................................................33 3
4.8.2 — Other Coordination Mechanisms ................................................................... ......................................35
4.8.2. Other Coordination Mechanisms ................................................................... ......................................35
4.8.3
4.8.3. The Cooperation Partners Group .......................................... ......................... ......... ............................. 35
4.9 — The Mohinga AIMS.......................................................................................... ................. 36
4.9. The Mohinga AIMS.......................................................................................... ................. 36
4.10 — Development Effectiveness Meeting Schedule .................................................................. 37
4.10. Development Effectiveness Meeting Schedule .................................................................. 37
4.10.1 — The Ann ual Development Effectiveness Roundtable .................................................................... ..37
4.10.1. The Ann ual Development Effectiveness Roundtable .................................................................... ..37
4.10.2 — Regular DACU & Partners Meetings .............................................................................................. .. 37
4.10.2. Regular DACU & Partners Meetings .............................................................................................. .. 37
4.10.3 — Development Dialogues & Portfolio Reviews .. ......................... ......................................................37
4.10.3. Development Dialogues & Portfolio Reviews .. ......................... ......................................................37
4.10.4 — Annual Civil Society Dialogues ........................................................................................................ 37
4.10.4. Annual Civil Society Dialogues ........................................................................................................ 37 S. DEVELOPMENT ASSISTANCE DELIVERY .................................................... 39 Box 4. "Aid Brokering" ...........................................................................................................................................................39
5.1 — General & Sector Budget Support .....................................................................................39
5.1. General & Sector Budget Support .....................................................................................39
5.2 — Use of Country Systems ..................................... ...............................................................40
5.2. Use of Country Systems ..................................... ...............................................................40 Box 5. Getting Development Assistance On-Budget ................................................................................................................40
5.3 — Pooled/Trust Funds & Other Similar Modalities .......................... ..... ................ ................. 40
5.3. Pooled/Trust Funds & Other Similar Modalities .......................... ..... ................ ................. 40
5.4 — Project-Based Development Assistance ............................................................................41
5.4. Project-Based Development Assistance ............................................................................41 S.S. Grant Assistance ..............................................................................................................41
5.6 — Concessional Loan Assistance ........................................................................................... 41
5.6. Concessional Loan Assistance ........................................................................................... 41
5.7 — Untying Development Assistance and Local Procurement .................................................42
5.7. Untying Development Assistance and Local Procurement .................................................42
5.8 — Prioritising Local and Competitive Procurement .......................... ...................................... 42
5.8. Prioritising Local and Competitive Procurement .......................... ...................................... 42
5.9 — Localising Commodity-Based Assistance ...........................................................................43
5.9. Localising Commodity-Based Assistance ...........................................................................43
5.9.1
5.9.1. In-Kind Loans........................................................ ................................................... .............................43
5.10 — Technological Sustainability & Interoperability .................................................................43
5.10. Technological Sustainability & Interoperability .................................................................43
5.11 — Division of Labour & Avoiding Fragmentation ...................................................................43
5.11. Division of Labour & Avoiding Fragmentation ...................................................................43
5.12 — Humanitarian Assistance .......................................................................... ..................... ...44
5.12. Humanitarian Assistance .......................................................................... ..................... ...44
5.13 — Technical Assistance ....................................................................... .................................44
5.13. Technical Assistance ....................................................................... .................................44 6. GENERAL GUIDANCE ON APPROVAL PROCESSES ..................................... 45 Box 6. The Project Bank..........................................................................................................................................................46
6.1 — General Guidance ............................................................................................................46
6.1. General Guidance ............................................................................................................46
6.1.1 — Use of St andard Agreement & MoU Templates ..................................................................................46
6.1.1. Use of St andard Agreement & MoU Templates ..................................................................................46
6.1.2
6.1.2. Ensuring Documentation Quality .......................................... ......... ......................... .............................46
6.1.3
6.1.3. M IFER as a Single Window .................. .................................. ......................... ......... .............................47
6.1.4
6.1.4. Use of Tied Assistance ........................................................................... ..............................................47
6.1.5
6.1.5. Budget Support ....................................................................................................... ........................... ..47
6.1.6
6.1.6. Packaged Approva ls .......................... ...................................................................................................47
6.1.7
6.1.7. Vehicles Procurement ....................... ...................................................................... .............................48
6.1.8
6.1.8. Contracts & Procurement ................... .......................................... ................. ......................................48 6.2. Phase 1: Approval of Development Cooperation Strategies ............................................... 48
6.3 — Phase 2: Project/Programme Concept Approval ................................................................ 49
6.3. Phase 2: Project/Programme Concept Approval ................................................................ 49
6.4 — Phase 3: Grant Design/Concessional Loan Design Approval ............................................... 49
6.4. Phase 3: Grant Design/Concessional Loan Design Approval ............................................... 49 7. GENERAL GUIDANCE ON TECHNICAL ASSISTANCE ................................... 51 Bax 7. Embedded Volunteer Technical Assistance ...................................................................................................................51 Box 8. General Guidance on the Use of Embedded Technical Assistance ..................................................................................51 Box 9. Key Considerations for Government Entities Considering use of Embedded Technical Assistance...................................53
7.1 — Approving Offers/Proposals for Embedded Technical Assistance .................................... ... 54
7.1. Approving Offers/Proposals for Embedded Technical Assistance .................................... ... 54 Box 10: " The 5 Tests"..............................................................................................................................................................54
7.2 — Reporting on the Status of Embedded Technical Assistance .............................................. 54
7.2. Reporting on the Status of Embedded Technical Assistance .............................................. 54 8. GENERAL ADMINISTRATIVE PROCEDURES ............................................... 55
8.1 — Visas ................................................................................................................................ 55
8.1. Visas ................................................................................................................................ 55
8.2 — Establishing an Office in Myanmar.............................. ...................................................... 55
8.2. Establishing an Office in Myanmar.............................. ...................................................... 55
8.3 — Knowledge Products, Conferences, Seminars & Trainings ................. ................................. 55
8.3. Knowledge Products, Conferences, Seminars & Trainings ................. ................................. 55 Box 11: Open Development Data Principles ............................................................................................................................56
8.4 — Travel Authorisations ....................................................................................................... 57
8.4. Travel Authorisations ....................................................................................................... 57 4
8.4.1
8.4.1. Non-Restricted Area Travel .................................................................................................................. 57
8.4.2
8.4.2. Restricted Area Travel - General .................... .................................. ......................... ........................... 57
8.4.3 — Restricted Area Travel -Rakhi ne State ..................................................................... ........................... 58
8.4.3. Restricted Area Travel -Rakhi ne State ..................................................................... ........................... 58
8.5 — Surveys, Data Collection & Similar Analytical Work ........................................................... 59
8.5. Surveys, Data Collection & Similar Analytical Work ........................................................... 59
8.6 — Privileges, Immunities & Tax Exemptions............................................... ........................... 59
8.6. Privileges, Immunities & Tax Exemptions............................................... ........................... 59
8.6.1
8.6.1. Tax Exemptions ....................................................................................................................................59
8.6.2 — Securing Privileges, Immunities & Exemptions .................................................................................... 60
8.6.2. Securing Privileges, Immunities & Exemptions .................................................................................... 60 9. MONITORING & EVALUATION ................................................................. 61
9.1 — The DAP Joint Monitoring & Accountability Framework ....................................... ............. 62
9.1. The DAP Joint Monitoring & Accountability Framework ....................................... ............. 62
9.2 — The DAP Working Group .................................................................................................. 63
9.2. The DAP Working Group .................................................................................................. 63 10. ANNEX A: DETAILED STANDARD OPERATING PROCEDURES .................... 64
10.1 — Phase 1: Development Cooperation Strategy Approval ........................................ ............. 64
10.1. Phase 1: Development Cooperation Strategy Approval ........................................ ............. 64
10.1.1
10.1.1. Step 1: Consultations .............................................................................................................. ........ 64
10.1.2
10.1.2. Step 2: DACU Review ........................................................................................... .......... ......... ........ 64
10.1.3 — Step 3: Economic Committee Review & Endorsement ................................................................... 65
10.1.3. Step 3: Economic Committee Review & Endorsement ................................................................... 65
10.2 — Phase 2: Project/Programme Concept Approval. ............................................................... 65
10.2. Phase 2: Project/Programme Concept Approval. ............................................................... 65
10.2.1 — Step 1: Identifying a Lead Government Entity ............................................ ......... ........................... 65
10.2.1. Step 1: Identifying a Lead Government Entity ............................................ ......... ........................... 65 Box 12: Lead Government Entities ..........................................................................................................................................65
10.2.2 — Step 2: Concept Proposal Development & Consultation ................................................................ 66
10.2.2. Step 2: Concept Proposal Development & Consultation ................................................................ 66 10.2.3. Step 3: Concept Proposal Form Submission & DACU Review ............... .......................................... 66
10.2.4 — Step 4: Issuing a Letter of Intent ..................................................................................................... 67
10.2.4. Step 4: Issuing a Letter of Intent ..................................................................................................... 67
10.3 — Phase 3: Project/Programme Approval .... ......................................................................... 68
10.3. Phase 3: Project/Programme Approval .... ......................................................................... 68
10.3.1 — Step 1: Full-Scale Preparation .......... ............................................................................................... 68
10.3.1. Step 1: Full-Scale Preparation .......... ............................................................................................... 68
10.3.2 — Step 2: Concessional Loan Preparation ........................................................................................... 68
10.3.2. Step 2: Concessional Loan Preparation ........................................................................................... 68
10.3.3
10.3.3. Step 3: DACU Review ................................ ......... ................ .................................. ........................... 69
10.3.4
10.3.4. Step 4: Cabinet Approval ............................................................ .................................................... 70
10.3.5 — Step 5: Hluttaw Approval ................................................................................................................ 71
10.3.5. Step 5: Hluttaw Approval ................................................................................................................ 71
10.3.6 — Step 6: Concluding Dialogue & Agreement Signing ........................................................................ 71
10.3.6. Step 6: Concluding Dialogue & Agreement Signing ........................................................................ 71 Box 13. Attorney General's Office Review of the Final Concessional Loan Agreement.............................................................. 71 10.3.7. Step 7: Legal Opinion and Concessional Loan Effectiveness ................................ ........................... 71
10.3.8
10.3.8. Step 8: Reporting to FERD ............................................................................................ ................... 72
10.4 — Ensuring Document Submission Quality ............................................................................ 72
10.4. Ensuring Document Submission Quality ............................................................................ 72
10.4.1 — Government Entity Review & Consultation ......................................................... ........................... 72
10.4.1. Government Entity Review & Consultation ......................................................... ........................... 72
10.4.2 — DACU Document Review Committee ................................................................... .. ......................... 72
10.4.2. DACU Document Review Committee ................................................................... .. ......................... 72
10.5 — Vehicle & Other Asset Transfers ....................................................................................... 72
10.5. Vehicle & Other Asset Transfers ....................................................................................... 72
10.5.1
10.5.1. Informing CESID .............................................................................................................................. 72 10.5.2. Quarterly and End of Project/Programme Vehicle/Asset Transfer Report.. ....... ........................... 72
10.6 — Extensions/Renewals/Amendments & Additional Financing ............................................. 73
10.6. Extensions/Renewals/Amendments & Additional Financing ............................................. 73
10.6.1 — Grant Agreement/ MoU Exten sions & Additional Grant Financing ................................................ 73
10.6.1. Grant Agreement/ MoU Exten sions & Additional Grant Financing ................................................ 73
10.6.2 — Changes t o Concessional Loan Agreements ........................................................ ........................... 74
10.6.2. Changes t o Concessional Loan Agreements ........................................................ ........................... 74 10.7. Cancellation of Development Assistance Funded Initiatives ............ ................ .................. 74
10.8 — Reporting Procedures....................................................................................................... 75
10.8. Reporting Procedures....................................................................................................... 75
10.8.1
10.8.1. PIO Reporting ..................................................................................................................................75
10.8.2 — Reporting Organizational Structures ............................................................................................... 75
10.8.2. Reporting Organizational Structures ............................................................................................... 75
10.8.3
10.8.3. Reporting to the Hluttaw ................................... ................................... .......................................... 75
10.8.4
10.8.4. Audit Reports .................................... .............................................................................................. 75
10.8.5 — Reports, Studies, Analysis & Evaluations ........................................................................................ 75
10.8.5. Reports, Studies, Analysis & Evaluations ........................................................................................ 75
10.9 — Vehicle Importation Guidelines .................................... .................................................... 75
10.9. Vehicle Importation Guidelines .................................... .................................................... 75
10.9.1 — Vehicle Imports for Project Use ......................................................................................................75
10.9.1. Vehicle Imports for Project Use ......................................................................................................75
10.9.2 — Vehicle Imports for Non-Project Use .............................................................................................. 76
10.9.2. Vehicle Imports for Non-Project Use .............................................................................................. 76
10.9.3 — Development Assistance Financed Vehicle Procurement.. ......... .................................................... 76
10.9.3. Development Assistance Financed Vehicle Procurement.. ......... .................................................... 76 11. ANNEX B: GUIDELINES & TEMPLATES ...................................................... 78
11.1 — Restricted Area Travel Authorization Request Form ............................................. ............. 78
11.1. Restricted Area Travel Authorization Request Form ............................................. ............. 78 5
11.2 — Guidelines for Effective Philanthropic Engagement ............. .............................................. 79
11.2. Guidelines for Effective Philanthropic Engagement ............. .............................................. 79
11.3 — Guidelines for Preparation of Costed Sector Plans............................................................. 81
11.3. Guidelines for Preparation of Costed Sector Plans............................................................. 81
11.4 — Standard MoU Template .......................... ........................................................................ 84
11.4. Standard MoU Template .......................... ........................................................................ 84 11.s. Concept Proposal Form .................................................................................................... 90
11.6 — The Mohinga AIMS Reference Group Terms of Reference ................................................. 94
11.6. The Mohinga AIMS Reference Group Terms of Reference ................................................. 94 6 ACRON MS AIMS Aid Information Management System CESID Central Equipment St atistics and Inspection Department CLPT Concessiona l Loan Preparation Team CPG Cooperation Pa rtners Group CRT Contract Review Team cso Civil Society Organisation DACU Development Assistance Coord ination Unit DAP Development Assistance Policy DMCD Development Management and Cooperation Division DRC Document Review Committee EAO Ethnic Armed Organisation FDI Foreign Direct Investment FERD Foreign Economic Relations Depa rtment FRD Financial Regulatory Department GPEDC Global Partnership for Effective Development Cooperation ICT Information and Communications Technology INGO International Non-Government Organisation IRD Internal Revenue Department JCB-PPF Joint Coordinating Body for Peace Process Funding JCB-ROU Joint Coordination Body for Rule of Law Centres and the Justice Sector M&E Monitoring and Evaluation MCPAD Myanmar Civil Society Partnership for Aid and Development Effectiveness MDI Myanmar Development Institute MDTF Multi-Donor Trust Fund MoU Memorandum of Understanding MSDP Myanmar Sustainable Development Plan 2018-2030 MSME Micro, Small and Medium Sized Enterprise ODA Official Development Assista nce PAPRD Project Appraisal and Progress Reporting Department PBA Programme-Based Approach PID Partner in Development PPP Public-Private Partnerships RATA Restricted Area Travel Authorization SCG Strategic Coord ination Group SDG Sustainable Development Goals ToR Terms of Reference UMFCCI The Union of Myanmar Federation of Chambers of Commerce and Industry UN United Nations UNCT United Nations Country Team UNDAF United Nations Development Assistance Framework 7 GLOSS RY Concessional Loan Agreement An umbrel la term used to refer to a document signed by both the concessiona l loan provider and recipient which specifies, amongst other t hi ngs, t he amount being borrowed, the purposes for which the amount is being borrowed, interest rates charged, and repayment dates. Concessional Loan Design An umbrella term used to refer to a concessional loan's various f in ancial terms, conditions and other financing arrangements, ra t ionale, expected impacts, outcomes and outputs, details concerning the use of technical assistance, implementation arrangements, resource requirements including an indicative procurement plan, monitoring and evaluation plans, amortization and interest payment schedu les, and any other information deemed relevant by both t he Partner in Development and Lead Government Ent ity. Cooperation Partners Group The main coordination mechanism for Partners in Development implementing activities in Myanmar. Development Assistance Development Assistance means any form of fi nancial and/or technical assistance provided by governments and international agencies to support the economic, environmental, social, and political development of Myanmar with a primary focus on poverty alleviation and long-term sustainable development. Development Cooperation Strategy An umbrel la term used to refer to Partners in Development Multi-A nnual Plans, Count ry Operat ion Bus iness Plans, Multi-Annual Indicative Programmes, Country Strategies, Part nership Frameworks and similar such documents, negotiated and agreed between the Government of Myanmar and respective Partners in Deve lopment, designed to assist programming decisions and allocations of development assistance. Embedded Technical Assistance Consultants, advisers, long- and short-term experts and similar personnel (includ ing t hose working in a primari ly training, teaching or voluntary capacity) who are contracted either directly by Government Entities but financed via development assistance, or by Partners in Development, but where the Embedded Technical Assistance is anticipated to spend 50% or more of their contracted engagement period working with or with in Government Entities. Framework Agreement An umbrella term which typically refers to a broad-based agreement signed between the Government of Myanmar and one or more Partners in Development used to govern the implementation of subsidiary projects and programmes, the awarding contracts and various other initiat ives. 8 Government Entity Government of Myanmar Ministries, other Executive bodies, State and Region Governments, and other domestic, sub-national authorities recognised by the Government of Myanmar. Grant Agreement An umbrella term which typically refers to both legal ly binding and non-legally binding agreements for transfers made in cash, goods or services for which no repayment is required. Grant Design Document An umbrella term used to refer to a document which includes, at a minimum, an activity title, description, objectives, target groups, collaboration types, planned start/end dates, sectors, locations, planned beneficiary organisations/implementing partners, expected results, consideration as to how results can be sustained over time, key contact details and any other information deemed relevant by both the Partner in Development and Lead Government Entity. Humanitarian Assistance Humanit arian action saves lives, alleviates suffering conflict, shocks and natural disasters. Indicative Procurement Plan An umbrella term used to refer to a document required to secure project/programme approval. An Indicative Procurement Plan should include a brief description of goods, works, and services required; anticipated procurement methods; cost estimates; expected advertisement dates; and any other information deemed relevant by both the Partner in Development and Lead Government Entity. International Non-Government Organization Forum An organisation that brings together members of the Myanmar international non-government organisation community to bui ld better partnerships, and to improve the coordination, effectiveness and coherence of humanitarian relief, development aid and peace building in Myanmar. Letter of Intent An umbrel la term which typically refers to a letter signed by the head of a Government Entity or a delegated representative thereof, indicating the Government of Myanmar's intent to consider a proposed initiative but stopping short of signifying any form of bindi ng commitment. Memorandum of Understanding An umbrella term used to express a formal agreement between two or more parties in cases where Government Entities and Part ners in Development do not wish to imply a legal commitment (unless otherwise stated) or in situations where the parties cannot create a lega lly enforceable agreement for whatever reason. Myanmar Civil Society Organization An umbrella term used to refer to non-State, community based, not-for-profit associations, organisations and institutions, voluntarily founded within the Republic of the Un ion of Myanmar for any obj ective or purpose, operating in the interest of the State and its citizens, and/or for the common interest of its members. 9 Myanmar Sustainable Development Plan 2018-2030 Myanmar's national development plan, providing a sustainable and equitable development framework for coordination and cooperation across al l ministries and all States and Regions used to forge a common path way toward the emergence of a prosperous, peaceful and democratic Myanmar. On-Budget Assistance Development assistance provided by Partners in Development t hat is comprehensively and accurately reported within Myanmar's official budget documentation. Partners in Development The Government of Myanmar's preferred terminology including but not limited to external bilateral, multilateral and United Nations agencies, funds and programmes, development finance institutions, south-south, triangular and regional partnerships, export cred it agencies, international philanthropic organisations, international non-government organisations and other international organisations providing development assistance to Myanmar. Programme-Based Approaches A development cooperation modality based upon the principles of coordinated support for a Government of Myanmar-owned Sectoral, Ministerial, Sub-National or other Development Plan or Strategy, or similar framework. Programme-Based Approaches typically share the following features i) a leadership role enjoyed by a Government Entity; ii) a single comprehensive programme and budgeting framework; iii) a formalised process for Partner in Development coordination and harmonisation of procedures for reporting, budgeting, financial management and procurement; and iv) efforts to increase the use of country systems for programme design and implementation, financial management, monitoring and evaluation. Project Bank An open, interactive, web-based platform designed to highlight nat ional ly significant investment projects which will f urther the implementation of the Myanmar Sustainable Development Plan 2018-2030. Sectoral, Ministerial, Sub-National and other Development Plans and Strategies An umbrella term used to refer to frameworks developed by Government Entities used to define a specific approach to achieving development results in one or more sectoral or focus/thematic areas. These plans typically include clear objectives and targets together with indicators used to measure progress toward achieving these objectives over a specified timeframe and associated costing. Technical Assist ance An umbrella term used to refer to non-financial assistance (often provided via local or international experts and consulting services) which seeks to strengthen human and institutional ca pacities required to further poli cy reform and sustainable development. 10 United Nations Country Team The United Nation's highest-level inter-agency coordination and decision-making body in Myanmar. It is led by the United Nations Resident Coordinator, the designated rep resentative of the United Nations Secretary-General in Myanmar. 11 FOREWORD Message from H.E. Daw Aung San Suu Kyi, State Counsellor With last year's launch of the Myanmar Sustainable Development Plan 2018-2030, Myanmar embarked upon a new and exciting phase in our country's development journey. Equipped with a clear set of goa ls, st rategies and action plans, we are today better prepared than ever before to unleash our development potential. This will require t he effective coordination of al l forms of development finance, in particu lar grants and concessional loans, made ava ilable by our Partners in Development. Since launching the Myanmar Development Assistance Policy on February 26, 2018, the Development Assistance Coordination Unit has closely monitored its implementation. In early 2019, the Development Assistance Coordination Unit reflected upon the Policy's first year of implementation and identified those areas where furthe r improvements were required and made t he necessary improvements. Importantly, this latest iteration of the Myanmar Development Assistance Policy has been designed to facilitate a much greater degree of alignment between the development assistance provided to Myanmar and our Myanmar Sustainable Development Plan. The Myanmar Development Assistance Policy has also been refined in ways which will facilitate further devolution of development assistance management to line ministries, allowing for the Development Assistance Coordination Unit to maintain a more strategic outlook. While the central purpose of the Myanmar Development Assistance Policy is to enhance the lives of our people, it is also intended to ensure that assistance provided is implemented in a timely, efficient and effective manner. This latest iteration of the Myanmar Development Assistance Policy will provide all stakeholders with a newfound impetus and strategic direction, lighting a pathway toward the achievement of tangible development results in the most efficient and sustainable manner that current capacities and context permit. The Development Assistance Coordination Unit and its Secretariat will continue to maintain a close watch over the implement ation of this Policy and to continually identify areas for further streamlining and efficiency gains. With guidance provided by our Development Assistance Coordination Unit, and w ith the establishment of the new Ministry of Investment and Foreign Economic Relations, this Development Assistance Policy will surely serve as a call to action for al l those who share our unwavering wil l and unrelenting determination to work together to realise a bright future for all the people of Myanmar. State Counsellor 12 Message from H.E. U Soe Win, Union Minister, Ministry of Planning, Finance and Industry With the central goal of improving the lives of Myanmar's people, both the Development Assistance Coordination Unit and the Union Ministry of Planning, Finance and Industry remain committed to improving t he coordination of development finance extended to Myanmar. It is only by working together openly, honestly, transparently, with mutua l respect and understanding that we can continue to make progress in this rega rd. The Mya nmar Development Assistance Policy was first la unched on the 26th of February 2018. This latest edition of the Myanmar Development Assistance Policy reaffirms the roles and responsibilities of relevant stakeholders with regard to mobilizing and coordinating development assistance while remaining firmly based upon international agreements wh ich Myanmar and many of our Partners in Development have endorsed. This new Myanmar Development Assistance Policy also provides greater clarity as t o Myanmar's vision for development assistance, and to the localized principles which guide Myanmar's approach to the management of development cooperation. With the launch of the Myanmar Sustainable Development Plan in late 2018 under t he guidance of our State Counsellor, this updated Myanmar Development Assistance Policy also establishes clearer links between our MSDP and other importa nt strategic macro-economic initiatives. We are proud of what we have achieved during the first year of this Policy's implementation but much still remains t o be done. As Vice-Chair of the Deve lopment Assistance Coordinat ion Unit, I would like to encourage all Partners in Development to work together with us, as t he Government of Myanmar's highest- level body responsible for the coordination of development assistance, to improve the effectiveness, efficiency, alignment and timeliness of development assistance in Myanmar. This Development Assistance Policy represents our commitment to building more effect ive and inclusive partnerships with all those who share our development aspirations. mister Ministry of Planning, Finance and Industry 13 Message from H.E. U Thaung Tun, Union Minister for Investment and Foreign Economic Relations Wi th this 2019 update to t he Myanmar Development Assistance Policy, the Government of Myanmar has once again reasserted its commitment to working with all like- minded partners - including our Partners in Development, domestic and internat ional civil society, and the private sector, to ensure the greatest possible transparency and effectiveness in t he delivery of development assistance. In November 2018, the new Union Ministry of Invest ment and Foreign Economic Relations was formed to further improve the government's ability to ensure that development assistance fulfils the needs of our people while promoting quality, responsible and sustainable economic development and investment through enhanced cooperation with the international community. I believe well-managed and strategical ly-targeted development assista nce can and must play a critical role in facilitating a more investment-friendly environment in Myanmar. Indeed, development assistance can serve as a driver for greater private investment, helping to foster economic growth, creating employment opportunit ies, and facilitating t echnology transfer and knowledge sharing. Therefore, I am confident t hat t his Development Assist ance Policy wil l provide much needed strategic direction for both our Partners in Development and Government Entities ali ke. However, ensuring a clear and consistent implementation of this Development Assistance Policy will require both coordi nation within Government entities as wel l as between Government entit ies and our Partners in Development. The full implementation of this Policy also ca lls for leadership. To ensure continued coherence and coordination with respect to development assistance extended to Myanma r and in furthering the implementation of this Policy, both the Development Assistance Coordination Unit and the Foreign Economic Relations Department remain committed to providing such leadership. My sincere appreciation goes to all those who have invested their time and effort in producing this Policy, and to our Partners in Development for thei r steadfast commitment to helping us transform Myanmar' s development aspirations into realities. Union Minister Ministry of Investment and Foreign Economic Relations 14 1. PURPOSE In recent years Myanmar has warmly welcomed a growing number of international Partners in Development (PIO), including but not limited to bi latera l, multilateral and United Nations (UN ) agencies, funds and programmes, development finance institutions, south-south, triangular and regional partners, export credit agencies, international philanthropic organisations, International Non-Government Organisations (INGOs}, think-tanks, and a broad range of other international organisations. The Government of Myanmar warmly welcomes these international partners and appreciates the important contribution their assistance continues to make toward t he overall, sustainable socio-economic development of Myanmar. This OAP also presents an overarching policy framework which shall guide the delivery of development assistance, together with clear procedures that stream line the identification, design, negotiation, approval, implementation and evaluation of initiatives funded in part or whole by development assistance. As such, this OAP aims to ensure t hat developme nt assistance is at all times: • fu lly aligned with the Myanmar Sustainable Development Plan 2018-2030 (MSDP), and Sectoral, Ministerial, Sub-National and other Development Plans and Strategies; • fu lly supportive of Myanmar's achievement of t he Sustainable Development Goa ls (SDGs); • fu lly aligned with relevant international conventions to which Myanmar has acceded or ratified, and with other relevant international declarations, accords, and agendas which Myanmar has endorsed; • increasingly harmonised with Myanmar's nationa l planning and budgeti ng processes; • delivered in ways that are results-driven, innovative, mutual ly accountab le and transparent; and • delivered in ways t hat strengthen Myanmar's human and institutional capacities at all levels. As with previous versions, this OAP has been drafted in a consultative manner, includ ing input from a wide range of development stakeholders, including but not limited to Government Entities through frequent internal consultations, PIO via the Cooperation Partners Group (CPG ), INGOs via the INGO Forum, the private sector via the Union of Myanmar Federation of Chambers of Commerce and Industry (UM FCCI), and civil society via the Myanmar CSO Partnership for Aid and Development Effectiveness (MCPAD). This OAP shall be observed by all Government Entities and PIO providing, receiving, managing, and/or implementing development assistance in/to Myanmar, at all levels. This OAP supersedes previous guidance, including the Guidelines for UN Agencies, Internationa l Organisations and NGO/INGOs on Cooperation Programmes in Myanmar (2011) and the Guide to International Assistance in Myanmar (2014). This OAP is firmly based upon key international frameworks and principles relevan t t o effective deve lopment cooperation including but not limited to the Pa ris Declaration on Aid Effectiveness (2005), the Accra Agenda for Action (2008), the Busan Global Partnership for Effective Development 15 Cooperation (2011) and the Addis Ababa Action Agenda (2016). In particular, this OAP recognises the four principal components of the Busan Global Partnership for Effective Development Cooperation {GPEDC), those being: • country ownership over the identification of development priorities; • a clear focus on results; • furthering more inclusive development partnerships; and • promoting greater transparency and accountability. The Nay Pyi Taw Accord for Effective Development Cooperation (2013) continues to serve as an essential foundation upon which this OAP has been developed. However, specific actions and commitments noted within the Nay Pyi Taw Accord for Effective Development Cooperation are superseded by those identified by the OAP Working Group described in Section 9.2.
1.1 — Development Assistance Core Principles
1.1. Development Assistance Core Principles Drawing upon globally agreed development effectiveness principles, the Development Assistance Coordination Unit (DACU) has identified three development assistance core principles that shall be adhered to by all Government Entities and PIO operating in Myanmar. • The Government of Myanmar shall determine its development plans and priorities; development assistance should directly support these plans and priorities, at the national, su b-nationa l and sector-level, to ensure maximum effectiveness, sustainability and country ownership. • Where sufficiently st rong country systems are joint ly determined to exist by both Government Entities and PIO, PIO should deliver their assistance through such systems, and when such systems are jointly determ ined not to exist, concrete steps shall be taken by the Government of Myanmar, with the support of PIO, to strengthen them. • To maximise the impact of development assistance, development ass istance should be used in cases where it is neither viable nor appropriate to attract sufficient private sector financing in the short-term, including due to perceived risk. The Government of Myanmar maintains a zero-tolerance policy concerning corruption. The Government of Myanmar requires that all Government Entities and PIO make every possible effort to minimize the risk of corruption and illicit flows by adhering to Myanmar laws, rules, procedures, notifications, orders and directives and by actively promoting a culture of zero- tolerance for corru pt practices. 16 2. MYANMAR'S VISION OR DEVELOPMEN ASSISTANCE This DAP envisions a future Myanmar without the need for development assistance. Until that t ime, Myanmar's vision for development assistance is one in which ou r count ry enjoys an enabling environment that maximizes the positive impact that development assist ance can have in the lives of all people in Myanmar; and where development assist ance may have a positive, catalytic effect t hrough the promotion of knowledge t ransfer that strengthens the capacity of our people and institutions such that they may conti nue t o wiel d t he reins of our nati on's development and steer the course toward the emergence of a prosperous, peaceful and democratic Myanmar. To achieve these ends, Myanmar shall be both innovative and v1s1onary - ensuring t hat development assistance is at all times used in ways w hich accelerates our nati on's sustainable development, cont ributes to t he implementation of the MSDP, and facilitates greater access to the resources req uired to achieve this vision. Through the implementation of t his DAP, the Government of Myan mar seeks to achieve: • enhanced leadership of development cooperat ion and associated management functions; • greater efficiencies regarding development assistance approva ls and subsequent implementation; • improved pred ict ability regard ing f uture development financing allocated to Myanmar; • improvements in the t imeliness, comprehensiveness and accuracy of development assistance reporting (including bot h on- and off-budget assistance); and • a managed reduction in the volume of off-budget development assistance provided to Myanmar.
2.1 — The Myanmar Sustainable Development Plan 2018-2030
2.1. The Myanmar Sustainable Development Plan 2018-2030 Announced in late 2018, t he MSDP is Myanmar's expression of ou r national development vision - a vision which f inds resonance in the global sust ainable development agenda. Founded upon t he objective of giving coherence to the policies and instit utions necessary to achieve genuine, inclusive and transformational economic growth, the MSDP has been developed to rei nvigorate reform and promote bold action, while presenting practical and implementa ble pathways toward addressing our country's development challenges, while maximizing opportunities for our people to realize their ful l potential as individuals and cit izens. Th e MSDP has been designed t o t ake maximum adva ntage of exist ing Sectoral, Minist erial, Sub- National and other Development Plans and Strategies. In this regard, t he MSDP provi des a whole-of-government development framework that gives coherence t o t hese plans and strategies, guides the drafting of new plans and st rategies, and ensures that these can be executed in ways that are consist ent with macro-level national development priorities. 17
2.1.1 — Peace, the MSDP & Development Assistance
2.1.1. Peace, the MSDP & Development Assistance The MSDP provides an overall framework for coordination and cooperation across all Government Entities to forge a common, unified pathway towa rds the eme rgence of a prosperous, peaceful and democrat ic Myanmar. In this regard, the MSDP's first goal focuses on peace and stability. In accordance with this goal, the provision of development assist ance must at all times: • give recognition to the fact t hat development can never be truly sustainable in the absence of peace, and that where communities are materia lly secure and have access to social and economic opportunities, peace will be more durable; and • be designed and delivered in ways that demonstrate conflict sensitivity, do no harm, and are in al ignment with and supportive of Myanmar's nationally owned peace process and national reconciliation efforts. Development assista nce should likewise ensure that fu ll consideration is given to strengthen ing the Government of Myanmar's ability to: • deliver services to, and protect the rights of our most vulnerable populations; • reduce inequality; • support more resilien t communities that are safe from both chronic threats as well as sudden and harmful disruptions in their daily lives; and • enhance opportunities and prosperity for all. The Government of Myanmar shall seek to mobilize development assistance based on and in alignment with the Goals, Strategies and Action Plans identified within the MSDP while at the same time seeking to ensure both macro-economic stability and fiscal sustainability. The Government of Myanmar views development assistance as an important source of development finance. Over time, the Government of Myanmar shall reduce the use of development assistance in a phased and fiscally responsible manner.
2.1.2 — The SDGs in the Context of the MSDP
2.1.2. The SDGs in the Context of the MSDP The Government of Myanmar is committed to t he achievement of the SDGs and to ensuring an appropriate and sustainable balance between development in the economic, social and environmental spheres. To realise this commitment, the MSDP mediates between local developmental needs and the global sustainable development agenda by aligning MSDP Strategies and Action Plans with globa l and country-level SDG targets. In doing so, the MSDP guides Myanmar's achievement of the SDGs and serves as the primary reference point for all Pl D seeking to further the realisation of the global sustainable development agenda in Myanmar. As Myanmar moves forward with MSDP implementation, the Government of Myanmar is committed to further integrating the SDGs into Myanmar's planning, budgeting and monitoring frameworks. 18
2.2 — Sectoral Coordination
2.2. Sectoral Coordination Both the Paris Declaration on Aid Effectiveness (2005) and the Accra Agenda for Action (2008), reaffirmed by the GPEDC, encourage PIO to make f ull use of country results frameworks, to contribute to the strengthening of country-level monitoring and evaluation (M&E) systems, and to ensure that development results are aligned with the needs of partner countries. To assist PIO in realising this commitment in Myanmar, Government Entities develop and regularly update costed and prioritized Sectoral, Ministerial, Sub-National and other Development Plans and strategies that are aligned w ith and support the implementation of the MSDP. In doing so, Government Entities shall: • ensure the drafting process is open, inclusive, transparent, and multi-stakeholder in nature; and • ensure that all plans are made publicly ava ilable via officia l Government of Myanmar websites and through other appropriate communications channels. To further this objective, the Government of Myanmar has established a set of Strategic Coordination Groups (SCG) (see Box 2). These SCG reflect specific sectoral and thematic focus areas which the Government of Myanmar has identified as being priorities for development assistance, and to which development assistance should be primari ly targeted towards. SCG shall serve as the primary platforms for ensuring effective development assistance coordination at the sector-level in pursuit of Strategies and Action Plans presented within the MSDP. Coordination Bodies are discussed in further detail in Section 4. 19 3. PAR E SHIPS The Government of Myanmar recognises that sustainable and inclusive economic growth and poverty reduction benefits from an enabling environment that supports the active and transparent participation of all stakeholders. The Government of Myanmar is therefore committed to building stronger partnerships with these stakeholders in a proactive and results- oriented manner. To enable the flourishing of such partnerships, both Government Entities and PID shall consider fu lly the "CECORD" Partnership Principles found in Box 1 and seek to apply them in al l aspects of their respective programming. Box 1. "CECORD" Partnership Principles Consistency Processes and procedures contained within this DAP shall be consistently applied by all Government Entities and observed by PIO. Efficiency Inefficient duplication of processes shall be avoided. Authorizations, approvals, reporting and similar administrative procedures shall be clearly described, and whe re possible, managed by a single designated Government Entity (i.e. the use of a 'Single Window' or 'one-stop-sho p' approach). Collaboration A positive and constructive relationship between Government Entities and PID shall be established through regular dialogue and collaboration, where opportunities to better work together are maximized and any differences discussed openly. Outcomes First Policies and procedures must at al l times support the achievement of positive outcomes for the people of Myanmar taking precedence over other considerations. Reciprocity Both Government Entities and PID shal l commit to the principles outlined in this DAP. Do No Harm For development assistance to support peace and national reconci liation it must first be designed and implemented in ways that are conflict sensitivity, do no harm, and in alignment with and supportive of Myanmar's nationally owned peace process and national reconciliation efforts.
3.1 — Bilateral Partners & Bilateral Development Institutions
3.1. Bilateral Partners & Bilateral Development Institutions The Government of Myanmar seeks to strengthen and expand our relationships with bilateral PID, including regional bilateral partners. In doing so, the Government of Myanmar recognises that bilateral relationships are informed by a range of issues and contexts. Both the Ministry of Planning, Finance and Industry and the Ministry of Investment and Foreign Economic Relations work closely with both the M inistry of Foreign Affairs and t he Ministry of International Cooperat ion to identify new potential PID and to mobilize additional resources accordingly. 20
3.2 — Multilateral Partners & International Financial Institutions
3.2. Multilateral Partners & International Financial Institutions The Government of Myanmar seeks to strengthen our partnerships with mu ltilateral, regional and international financ ial institutions, recognizing their unique capabilities to support large economically transformative initiatives with a nationwide development impact. The Government of Myanma r also views favourably the general ly untied nature of multilateral assistance, its comparative ability to mobilize private sector co-financing, and breadth of membership .
3.3 — The United Nations Country Team
3.3. The United Nations Country Team The UN has been a longstanding partner of Myanmar since our independence in 1948. Today, the UN in Myanmar consists of a broad range of agencies, funds and programmes which together form the UN Country Team (UNCT) . To gu ide implementation of the UNDAF, the Foreign Economic Relations Department (FERD) leads in arranging an annual formal dialogue with the UNCT to review progress and identify areas where further improveme nts can be made.
3.4 — Local & International Civil Society Organisations
3.4. Local & International Civil Society Organisations Both local and international Civil Society Organisations (CSO) can and do play a valuable and complementary role to that of t he Government of Myanmar in terms of advancing the interests of our people. The Government of Myanmar recognizes mu lti-stakeholder partnerships as important vehicles for mobilizing and sharing knowledge, expertise, technology and fi nancial resources and therefore encourages and promotes effective civil society partnerships. Both local and international civil society can also play an important role in the provIsIon of humanitarian aid, development and other rights-based programs through a focus on commun ity- driven development and consulta t ion. The Government of Myanmar will continue to build on such partnerships to support, to the extent possible, alignment with the MSDP and Sectoral, Ministerial, Sub-National and other Development Plans and Strategies. The Government of Myanmar will also seek to ensure an environment that enables and empowers both local and International CSO to fulfi l these important objectives alongside Government Entities and PI D.
3.4.1 — International Non-Government Organisations
3.4.1. International Non-Government Organisations The Government of Myanmar recognises that INGOs can and do make a valuable contribution to Myanmar's sustainable development. Therefore, it is important that their activities are, to the greatest extent possible, aligned with the MSDP and relevant Sectoral, M inisterial, Sub-National and other Development Plans and Strategies. To further this aim, INGOs are encouraged to engage in national, sub-national and sector-level development dialogues and coordination mechanisms, including through formal rep resentation in SCGs and other coordination bodies. 21 In line wit h the principle of transparency and mutual accountability INGOs shall ensure ful l and detailed reporting of their sources and volumes of funding, the development initiatives they are implementing, and results achieved to relevant Government Entities via standard procedures to be communicated by the DACU from t ime-t o-time. INGOs must register formal ly with the Union Registration Board in accordance with Pyidaungsu Hluttaw Law No. 31/2014 - Law on the Registration of Organizations and its by-laws. INGOs implement ing activities in Myanmar are required to formalize their partnership arrangements through the use of a Memorandum of Understanding (MoU) with one or more counterpart Government Ent ities. The DACU shall include representation from the INGO Forum as part of its regular engagement with Myanmar PIO, taking advantage of the INGO Forum's convening power and representative capacity, ensuring a mechanism through which input from a broad range of INGOs on matters pertaining to Myanmar's development challenges and opportunities is maintained, in a spirit of transparency, collaboration and trust.
3.4.2 — Local Civil Society Organisations
3.4.2. Local Civil Society Organisations The Government of Myanmar recognises the valuable role played by Myanmar's vibrant and diverse CSO community in support of our nation's development. The continuation of this vibrant and diverse CSO landscape will further contribute to our society's rich tapestry and help amplify the voices of those most vulnerable. Therefore, the Government of Myanmar encourages Government Entities and CSOs to view each other as committed partners who share in a common noble goal. While the scope of this OAP is limited to PIO, to the greatest extent possible, the Government of Myanmar encourages all CSOs to: • in their unique way, seek to contribute toward implementatio n of the MSDP and releva nt Sectoral, Ministerial, Sub-National and other Development Plans and Strategies; • operate in ways that facilitate effective and efficient coordination, both with other CSOs and with Government Entities, while maintaining their role as valuable and independent development actors; and • maximise their positive impact while mitigating t he risk of fragmentation, duplication and supply-driven delivery of development assistance. All CSOs shall at all t imes ensure that t hey operate in accordance with Pyidaungsu Hluttaw Law No.31/2014 - Law on t he Registration of Organizations and its By-Laws. The Government of Myanmar encourages CSOs to engage in national, sub-national and sector- level development dialogues and coordination mechanisms, including through formal representa t ion in SCGs and other coordination bodies. Likewise, the Government of Myanmar encourages all Government Entities to create forma l and regular opportunities for the views of CSOs to be heard. The DACU will engage with the MCPAD, taking advantage of MCPAD's convening power and capacity to j ointly represent a significant segment of Myanmar's varied CSO community. In doing 22 so, the DACU will ensure a mechanism t hrough which MCPAD members may express their views on matters pertaining to Myanmar's development cha llenges and opportunit ies is maintained, in a spirit of transparency, collaboration and trust. Th e DACU will continue to engage with the Task Team CSO Development Effectiveness and Enabling Environment and with other local CSO umb rella organisations as needed to ensure regular and constructive dialogues on Myanmar's development challenges and opportunities are maintained.
3.5 — International Philanthropic Organisations & Global Foundations
3.5. International Philanthropic Organisations & Global Foundations The Government of Myanmar seeks to strengthen mechanisms through which international and domestic philanthropists and foundations can support Myanmar's development priorities, such as through their active participation in national, sub-national and sector-level development dialogues and coordination mechanisms, including through formal representation in SCGs and other coordination bodies. Th e Government of Myanmar also encourages all releva nt stakeholders to comm it to full implementation of the Guidelines for Effective Philanthropic Engagement (see Section 11.2). International ph ilanthropic organisations and global foundations must register formally with the Union Registration Board in accordance with Pyidaungsu Hluttaw Law No. 31/2014 - Law on the Registration of Organizations and its by-laws unless alternate arrangements have been discussed and endorsed by the DACU. In line with t he principle of transparency and mutual accountability, international ph il anthropic organisations and global foundations shall ensure fu ll and detailed reporting of their sources and volumes of funding, the development initiatives they are implementing, and results achieved via standard procedures to be communicated by the DACU from t ime-to-time. International philanthropic organisations and global foundations im plementing activit ies in Myanmar are req uired t o formalize their pa rtnership arrangements through the use of a MoU wit h one or more counterpart Government Entities.
3.6 — South-South, Triangular Cooperation & Regional Partnerships
3.6. South-South, Triangular Cooperation & Regional Partnerships The Government of Myanmar welcomes the important and growing contribution made by our emerging and regional PID. The Government of Myanmar also recognizes south-south, t riangu lar and regional partnerships as offering innovative approaches for joint development cooperation efforts through diverse, flexib le, cost-effective models of support. The Government of Myanmar will seek to further south-south, triangular and regional cooperation partnersh ips in line with national development priorities while noti ng that such partnership arrangements may not always fall within a t raditional definition of development assistance. 23
3.7 — The Private Sector
3.7. The Private Sector A vibrant, innovative, competitive and responsible private sector will be the most important driver of job creation and sustainable inclusive economic growth in Myanmar throughout t he years ahead. This will be grounded in decent work for all people to live free from poverty to ensure sustainable long-term growth. Therefore, Myanmar's PIO shall give due recognition to our domestic private sector's capacity to achieve cost-effective, value for money, high-quality development outcomes at all levels. In particular, and where feasible, development assistance should seek to complement and support the flourishing of Mya nmar's private sector, including but not limited to micro-, small- and medium-sized enterprises (MSME) in li ne with the Government of Myanmar's Private Sector Development Framework and Action Plan. Furthermore, PIO should seek to prioritise local procurement and innovative partnerships with the private sector wherever possible. Doing so will stimulate MSME growth, generate jobs, and create a multiplier effect within Myanmar's domestic economy, th us maximising the impact and sustainability of development assistance. Li kewise, the Government of Myanmar encourages private sector act ors, coordinated via the UMFCCI, to participate in national, sub-nationa l and sector-level development dialogues and coordination mechanisms, including t hrough formal representation in SCGs and other coordination bodies.
3.8 — Conflict-Sensitive Approaches
3.8. Conflict-Sensitive Approaches Myanmar has embarked upon a journey toward national reconciliation and Union-wide peace. All aspects of this MSDP have been designed to move the country forward in this rega rd . In consideration of the potential impact of development in this context, it is essential that all initiatives are designed, implemented, managed and monitored with t he participation of all stakeholders in a conflict-sensitive manner. It is for these reasons that conflict sensitivity and conflict-sensitive approaches shall be considered cross-cutting, to be mainstreamed into all aspects of MSDP implementation.
3.9 — The Global Partnership for Effective Development Cooperation
3.9. The Global Partnership for Effective Development Cooperation The Government of Myanmar reaffirms its membership of the GPEDC, its status as a signatory to the Paris Declaration on Aid Effectiveness (2005) and various subsequent development effectiveness-related accords and agreements. The Government of Myanmar will continue to make every effort to realise the commitments contained within these agreements. In doing so, the Government of Myanmar shall continue to engage in GPEDC monitoring processes, while recognizing that adherence to GPEDC principles remains the mutual responsibility of both the Government of Myanmar and PIO. The Government of Myanmar encourages all PIO to implement their activities in Myanmar in line with their respective GPEDC commitments. 24
3.10 — Transparency in the Provision of Development Assistance
3.10. Transparency in the Provision of Development Assistance The Government of Myanmar reaffirms its membership of the International Aid Tra nsparency Initiative (IATI). In line with commitments contained within both the Busan Partnership for Effective Development Cooperation (2011) and the GPEDC Nairobi Outcome Document (2016), and in line with the principle of transparency, the Government of Myanmar calls upon all PID to update their various institutional architectures, policies and information management systems as needed, to ensure that development assistance to Myanmar is more transparent and meets the information requirements of both the Mohinga Aid Information Management System (AIMS) and those of the broadest range of domestic and international stakeholders. In line with the principle of transparency and mutual accountability, and in line with IATI principles, all PID shall ensure full and detailed reporting of their sources and volumes of funding, the development initiatives they are implementing, any funding disbursements to recipients and implementing partners, and results achieved via the Mohinga AIMS. Further details regarding the Mohinga AIMS can be found in Section 4.9. 25 4. DEVELOPMENT ASSISTANCE COORDI TIO
4.1 — Government Coordination Entities
4.1. Government Coordination Entities
4.1.1 — Cabinet & Economic Committee
4.1.1. Cabinet & Economic Committee
4.1.1.1 — The Economic Sub-Committee of Cabinet ('Economic Committee')
4.1.1.1. The Economic Sub-Committee of Cabinet ('Economic Committee') The Economic Committee is the Cabinet Sub-Committee mandated to review economic matters, including matters pertaining to development assistance. The Econom ic Comm ittee meets regularly and is chaired by the State Counsellor. The Economic Committee is supported by the Ministry of Planning, Finance and Industry which serves as the Economic Committee Secretariat. Regarding development assistance, the Economic Committee may: • endorse or reject Development Cooperation Strategies submitted to it via the DACU; • review any Grant Agreement/Mou conveyed to it via the DACU; • review and submit to the Cabinet any proposal to accept co ncessional loa n financing at both the Concept Approval Stage and the Project/Programme Approval Stage; and • review and submit to the Cabinet any other case which the Economic Committee has determined requires full Cabinet review and/or approval.
4.1.1.2 — The Cabinet
4.1.1.2. The Cabinet The Cabinet is the highest-level decision-making body w ithin the Executive. Regarding development assistance, the Cabinet may: • authorise Permanent Secretary-level signing of Grant Agreements/MoUs; • advise on development assista nce-related matters submitted to it by the Economic Committee; and • reject proposals to accept concessional loan financing or approve such proposa ls fo r onward submission to the Office of the President.
4.1.1.3 — The Office of the President
4.1.1.3. The Office of the President Upon receipt of a submission from the Cabinet regarding deve lopment ass ist ance, the Office of the President may: • enter into, ratify or annul international, regiona l or bilateral t reaties which do not require the approval of t he Hluttaw, or revoke such treaties; • reject proposals to accept concessional loan financing or approve such proposa ls for onward submission to the Hluttaw; and • following authorisation by the Hluttaw, approve proposa ls for t he use of concessiona l loan financing. 26
4.1.2 — The Hluttaw
4.1.2. The Hluttaw In accordance wi t h the Constitution, regarding development assistance, the Hluttaw gives resolution to mat ters related to ratifying, annulling and revoking internatio nal, regional or bilateral treaties, and agreements submitted to it by the President. Th e Hluttaw's authorizati on is required before the Govern ment of Mya nmar may formally accept concessional loan financing.
4.1.3 — The Development Assistance Coordination Unit
4.1.3. The Development Assistance Coordination Unit The Government of Myanmar, by way of Cabinet Notification 5/2020, has assigned to the DACU responsibility for ensuring that development assistance to Myanmar is efficient, effective, coordinated, and nationally owned. The DACU has been est ablished based upon internationa lly accept ed principles of effective development cooperation, namely: that Myanmar, as host country, will exercise ownership, leadership and guidance regarding development assistance coordination. The DACU is currently comprised of the following members: 1 Chair H.E. Daw Aung San Suu Kyi, State Counsel lor Vice-Chair 1 H.E. U Soe Win, Minister, M inistry of Planning, Finance and Industry Vice-Chair 2 H.E. U Thaung Tun, M inister, Ministry of Investment and Foreign Economic Relations Member U Tun Tun Naing, Permanent Secretary, Ministry of Planning, Finance and Industry Member U Nyan Tun, Director General, Economic Affairs Department, President Office Member U Cha n Aye, Director General, International Organizations and Econom ic Department, Ministry of Foreign Affairs Member Daw Si Si Pyone, Direct or General, Treasury Department, M inist ry of Planning, Finance and Industry Member U Than Aung Kyaw, Director General, Foreign Econom ic Relations Department, Ministry of Investment and Foreign Eco nomic Relations Secretary H.E. U Set Aung, Deputy Min ister, Ministry of Planning, Finance and Industry Joint Secret ary 1 H.E. U Min Ye Paing Hein, Deputy Min ister, Ministry of Planning, Finance and Industry Joint Secret ary 2 H.E. U Bharat Singh, Deputy Minister, Ministry of Investment and Foreign Economic Relations The DACU's primary duties and responsi bil ities are as follows: • drafting, revising and leading implementation of national policies, strategies and other strategic initiatives aimed at achieving the more effective implementation of development assistance; 1 Refer to Cabinet Notification 5/2020. 27 • identifying potential priority projects/programmes, sectors, and locations where development assistance may bring maximum benefit to the people of Myanmar, in consultation with relevant Government entities; • overseeing the effective functioning of Strategic Coordination Groups (SCGs); • evaluating grant and concessional loan financed init iatives prior to and fo llowing their implementation in accordance with procedu res described within t he Myanmar Development Assistance Policy; • maintaining regular formal dialogue with Myanmar's Partners in Development on issues relevant to the effective implementation of development assistance; • facilitating regular dialogue between Government entities and Partners in Development representatives; • engaging with CSOs, INGOs, the private sector and international phila nthropists to encourage greater coordination and alignment of development assistance with national development priorities; • identifying and resolving constraints to the effective delivery of development assistance, and where necessary, issue instructions and/or make recommendations to relevant Government entities for further action; • ensuring the completeness and timeliness of development assistance data reported by Partners in Development; and • conducting any other business deemed necessary by the DACU Chair or Vice-Chair, Cabinet Office and Presidents Office. The DACU shall be accountable to t he people of Myanmar for achieving deve lopment results. The DACU is supported by FERD of the Ministry of Investment and Foreign Economic Relations which serves as the DACU Secretariat. The DACU meets regularly to review development assistance related cases and provides binding decisions, advisory opinions and recommendations to submit ting Government Entities and advisory opinions and recommendations to the Econom ic Committee. The DACU also works closely with all Government Entities and PIO to support more effective engagement. The DACU regularly reviews PIO portfolios, programmes and projects, both individually and jointly, including but not limited to through participation in existing review mechanisms, to assess overall progress, analyse development cooperation strategies, discuss specific issues, and review PIO support to capacity building and country systems strengthening. The DACU also takes responsibility for reviewing synergies and trade-offs among different strategic development and financing priorities, to maximise development outcomes. Government Entities and PIO are welcome to consult with the DACU on any matter relating to development assistance, includi ng ca lling attention to any challenges or o pportun ities that may arise during preparation and implementat ion of development assist ance funded in itiatives. 28
4.2 — The Ministry of Foreign Affairs
4.2. The Ministry of Foreign Affairs The Ministry of Foreign Affairs is responsible for achieving Myanmar's fo reign policy objectives and for maintaining external relations with other nations. While the Min istry of Investment and Foreign Economic Relations holds primary responsibil ity for sustaining effective development finance cooperation with existing PID, most of which are resident in Myanmar, the Government of Myanmar regularly receives new, periodic and/or one- off offers of assistance. The Ministry of Foreign Affairs, therefore, serves as an entry point for new bilateral PID seeking to engage with the Government of Myanmar with specific proposals or interests. In doing so, the Ministry of Foreign Affairs shall direct potential new PID toward the most appropriate Government Entity, typically either the DACU or the Ministry of Investment and Foreign Economic Relations, so that effective coordination can take place.
4.3 — The Ministry of Planning, Finance & Industry
4.3. The Ministry of Planning, Finance & Industry The Ministry of Planning, Finance and Industry administers fiscal policy, oversees national planning processes, and is responsible for facilitating the planning and execution of Myanmar's annual budget. The Ministry of Planning, Finance and Industry also plays a number of importa nt roles regarding concessional loan financing, coordination and management, debt management, and regular liaison with international and regional development finance institutions.
4.3.1 — The Budget Department
4.3.1. The Budget Department The Budget Department of the Ministry of Planning, Finance and Industry is responsible for formu lating the budget. The Budget Department works closely with FERD and the Planning Department and Treasury Department to ensure t hat development assistance is considered within Myanmar's broader annual and Medium-Term Fiscal Frameworks.
4.3.2 — The Treasury Department
4.3.2. The Treasury Department The Treasury Department of the Ministry of Planning, Finance and Industry oversees policy relating to the management of public debt, including updating the Government of Mya nmar's Public Debt Management Strategy every three years. The Treasu ry Department also maintains primary responsibility for concessional loan processing, from assessing new concessional loan financing needs (in partnership with the DACU) to loan initiation to repayment.
4.3.3 — The Planning Department
4.3.3. The Planning Department In line with the 12-point Economic Policy, and the goals and strategies described within the Myanmar Sustainable Development Plan, the Planning Department with in the Ministry of Planning, Finance and Industry coordi nates with Government Entities responsible fo r Sectoral, Ministerial, Sub-National and ot her Development Plans and Strategies, and with St ate and Region Governments responsible for respective sub-nationa l plans. The Planning Department also oversees the preparation of Myanmar's annual investment programme (capital budget) and supports the work of the Planning Commission chaired by the President. The Planning Department also plays an important role in t he nation's sustainable development which includes: 29 • monitoring and analysing key economic and social t rends in Myanmar and assessi ng their implications on national development, fisca l and monetary policies; and • advising on sectoral development priorities, includ ing provid ing assessments of t he fiscal implications of certain proposed projects and programmes.
4.3.4 — The Project Appraisal & Progress Reporting Department
4.3.4. The Project Appraisal & Progress Reporting Department The Project Appraisal and Progress Reporting Department (PAPRD) within t he Ministry of Planning, Finance and Industry is responsible for appraising, monitori ng and evaluating projects implemented by the Government of Mya nmar costed above MMK 5 bil lion . In doing so, t he PAP RD provides analysis and learn ing to respective Government Entities in order to inform policy and decision making.
4.3.5 — The Central Equipment Statistics & Inspection Department
4.3.5. The Central Equipment Statistics & Inspection Department The Central Equipment Statistics and Inspection Department (CESID) within t he Ministry of Planning, Finance and Ind ustry is responsible for establishing policy, collecting and maintaining records and other data regarding state-owned vehicles, machinery and office equipment, and in doing so, ensures efficient, effective, economical and et hical use of certain Government of Myanmar assets, asset sales, contract management matters and resid ual issues relating to previous asset sales.
4.4 — The Ministry of Investment & Foreign Economic Relations
4.4. The Ministry of Investment & Foreign Economic Relations The Ministry of Investment and Foreign Economic Relations is mandated to promote Myanma r's economic development through the strategic use of deve lopment finance, incl usive of both Foreign Direct Investment (FDI) and development assistance more broadly, and by way of enhanced cooperation with the int ernational community, including by facilitating stronger, more effective coordi nation between Government Ent ities, PID, CSOs and the domestic and international private sector.
4.4.1 — The Foreign Economic Relations Department
4.4.1. The Foreign Economic Relations Department Within the Ministry of Investment and Foreign Economic Relations, FERD maintai ns a central coordination and management function, and in doing so serves as the primary interface between the Government of Myanmar, PID, and CSOs on all issues relating to development assistance. FERD also serves as Secretariat to the DACU. In t his capacity, FERD supports the DACU by regularly assessing the effectiveness of development assistance, collects and ana lyses development assistance data, and maintains the Mohinga AIMS. FERD also has primary responsibility for the coord ination of all UN agencies, funds and programmes operating under t he umbrella of t he UNCT in Myanmar. FERD is also responsible fo r lead ing (or facilitating where required) t he concl usion of various forms of agreement between Government Entities and PID, for ensuring that regular dialogue is maintained between t he Government of Myanmar and PID on various issues, and for exercising its convening power to facilitate national-level, forward-looking strategic planning and coordination dialogues between Government entit ies and all PID. 30 In doing, FERD, takes the lead coordinating role by: • creating an enabling environment which supports regular dialogue between Government Entities, PID and CSOs; • actively facilitating the planning, approval and monitoring of development assistance financed initiatives; • collaborating with key stakeholders to identify development gaps and new priorities for development assistance; • organizing a regular schedule of meetings with PID (see Section 4.10), overseeing regular meetings of SCGs and other coordination mechanisms, and monitoring and reporting on SCG compliance with applicable SCG Operating Guidelines; • monitoring the im plementation of this DAP; • maintaining the Mohinga AIMS; • preparing regular reports on development finance flows; and • working directly with Government Entities to facilitate various exemptions, privileges and immunities offered to eligible PID.
4.5 — Line Ministries & Other Government Entities
4.5. Line Ministries & Other Government Entities Line Ministries and other Government Entities are t he primary implementers of development assistance in Myanmar covered by this DAP. Government Entities which enter into formal agreements with PID by way of a Framework Agreement, MoU or any similar applicable Agreement are responsible for ensuri ng that development assistance initiatives are: • implemented in a timely and effective manner and consistent with this DAP; • implemented in ways that are appropriate to Myanmar's country context; and • supportive of their respective Sectora l, Ministerial, Sub-National and other Development Plans and Strategies. Unless otherwise agreed between the Government Entity and PID, the Director-General (or equivalent level) from the Government Entity responsible for project/programme implementation shall serve as the Government Entity Liaison/Focal Point for communication with PID and shall inform FERD of their respective contact details on a regula r basis.
4.6 — State & Region Governments
4.6. State & Region Governments Myanmar's State and Region Governments are key stakeholders in Myanma r's journey, delivering a range of critically important public services. State and Region Governments also serve as both partners and implementers of development assistance, typically in cooperation with one or more Union-level Ministry or other Government Entity. As such, securing the inputs of State and Region Governments is essential to ensuring development assistance canfacilitate inclusive, equitable, sustainable livelihoods and economic growth . State and Region Governments also play an essential in the monitoring and evaluation of development assistance initiatives. 31 PID can play a useful role in supporting State and Region Governments to enhance services delivery and in assisting State and Region Governments to pu rsue their respective development priorities. PID are encouraged to liaise with relevant State and Region Government counterparts regularly to ensure that: • State and Region Government counterparts remain fully apprised of all development assistance being implemented within their respective State or Region; • development assistance remai ns aligned with sub-national development priorities, expressed within Sub-Nationa l Ministerial, Sectoral and other Development Plans and Strategies, whe re available; and • all development assistance provided is responsive to evolving loca l needs and contexts. All State and Region Governments shall identify one or more senior-level individual who shall serve in an offi cial Liaison/Focal Point capacity to ensure regular and efficient communication with PID and DACU and shall inform FERD of their respective contact details on a regu lar basis.
4.7 — The Myanmar Development Institute
4.7. The Myanmar Development Institute The Myanma r Development Institute (MDI) is an economic think tank established by t he Government of Myanmar in February 2017 by way of Cabinet Notification No. 9/2017. MDl's primary objective is to support the Government of Myanmar in the formulation of economic policies through robust and reliable policy research and to facilitate training and capacity building w ithi n Myanmar's public sector in the field of economic policymaking.
4.8 — Coordination Structures, Systems & Fora
4.8. Coordination Structures, Systems & Fora
4.8.1 — Strategic Coord ination Groups
4.8.1. Strategic Coord ination Groups The MSDP ca lls for a whole-of-government approach to achieving national development priorities. The MSDP also recognises t hat achieving timely and efficient implementation wil l require both significant volumes of external development finance and the active participation of all sectors of Myanmar's society. Therefore, SCGs provide a multi-stakeholder structure designed to enhance harmonization and alignment of development assistance in support of MSDP implementation. In this way, SCGs are considered a crucial component within Myanmar's broader strategic planning arch itecture. Individual SCGs reflect specific sectoral and thematic focu s areas which the Government of Myanmar has identified as being priorities for development assista nce, and t o which development assistance shou ld be primarily targeted towards. Box 2. Strategic Coordination Groups MSDP Goal 1: Peace, National Reconciliation, Security & Good Governance • Peace for Developme nt • Access to Justice & Rule of Law • Good Governance • Land Reform 32 MSDP Goal 2: Economic Stability & Strengthened Macroeconomic Management • Macroeconomic Management & Fiscal Affairs • Strategic Infrastructure MSDP Goal 3: Job Creation & Private Sector-led Growth • Invest ment Facilit ation & Job Creat ion • Trade Sector St rengthening • Agriculture& Ru ral Development • Tourism • Financial Sector Development MSDP Goal 4: Human Resources & Social Development for a 21st Century Society • Social Protection and Disaster Management • Health • Educat ion & Innovat ion • WASH & Sa nitation • Nutrit ion MSDP Goal 5: Natural Resources & the Environment for Post erity of the Nation • Climate Change & Environmental Conservation • Urban Development • Water Resources Management Cross-Cutting Strategic Coordination Groups • Statistical Quality Development • Gender Equality and Women's Empowerment • Equality of Persons with Disabilities FERD is responsibl e for monitoring and repo rting on SCG compliance with SCG Operating Guidelines. The DACU shall regu larly convene SCG stakeholders to review opportunit ies and constraints faced and t o issue guidance t o respective SCG cha irs. Th e creation of formally recognised SCGs shall not be understood as preventing the creation of ot her coordination mechan isms. Other coordination mechan isms are invit ed t o engage with t he DACU as per operational requirements. Box 3. St rategic Coordinat ion Group Operating Guidelines The following SCG Operating Guidelines shall apply only to officially designated SCGs. Other Coordination Bodies are encouraged to conduct t hemselves in accordance w it h t hese Guidelines. Introduct ion • SCGs shall facilitate the provision of effect ive, coordinated, timely and transparent development assistance w it hin their respective sect ors and in support of relat ed MSDP Strategies and Action Plans. • Beyond t hese SCG Operating Guidelines, SCGs sha ll enjoy the autonomy to operate in ways that most effect ively meet their specific operational requ irements and without requiring any further authorization from the DACU or any other Government Entity. Accounta bility • Minister-level SCG Chairs are appointed by t he DACU Chair. • The SCG Chair is directly accountable to the DACU Chair for ensuring the effect ive operation of their 33 SCG, and for adherence to these SCG Operating Guidelines. • The SCG Chair may appoint a Deputy Chair at the Deputy Minister-level or Permanent Secretary-level to support the SCG Chair in carrying out Chairing responsibilities. • The SCG Chair shal l be responsible for providing the DACU w ith comprehensive and regular updates on the activities, outputs, and outcomes achieved by their SCG. • The DACU Secretariat shall monitor SCG adherence to these SCG Operating Guidelines and report findings to the DACU Chair twice annually, at the midpoint and end of each Myanmar financial year. • The SCG Chair shal l ensure that all activities within the remit of their SCG contribute toward nat ional reconciliation, democracy and respect for human rights, gender equality and equa lity of persons w ith disabilities and inclusive economic growt h. Meetings and Structure • The SCG Chair shal l personal ly chair a full SCG meeting at least once every three months. • The SCG Chair may form sub-groups as desired without requiring any further autho rization from the DACU or any other Govern ment Entity. • The SCG may meet more frequently, with or wit hout the presence of the Chair, and in plenary or smaller or sub-group formats, as per operational requirements without requiring any further authorization from the DACU or any other Government Entity. • The SCG Chair shal l inform the DACU of t heir SCG membership and structure on a regular basis. Membership & Attendance • SCG Members shall at all times conduct themselves in a spirit of inclusivity and transparency with regard to membership. • The SCG Chair shal l make final det erminations as to SCG membership (and membership of any sub- groups thereof) in accordance with these SCG Operating Guidelines and without requiring any further authorization from the DACU or any other Government Entity. • Relevant Government Entities and representatives from relevant State and Region Governments and other relevant sub-national Government Entities sha ll be represent ed at all SCG meetings and shall participat e act ively as SCG Members as per operational requirements. • Any PID active in the sector and seeking SCG membership shall be considered an SCG Member by default and shall participate actively as an SCG Member. • SCG members shall jointly nominate interested non-Government of Myanmar Entities who shall, with the SCG Chair's endorsement, impartially assist in the running of the SCG as SCG Facilitators. • The SCG Chair shal l be responsible for articulating the exact nature and level of support required from SCG Facilitators, and SCG Members more broadly. • SCG Facilitat ors shall assist the SCG Chair in t he selection of two or more organizations, nominated by relevant networks or industry bodies, from each of the following constituencies, who shall participate in the SCGs as Members in a representative capacity: the domestic private sector, CSOs, and INGOs. SCG Government of Myanmar M embers Tasks and Responsibilities • Government of Myanmar SCG Members shall support the regular M&E of projects and programmes within the sector, share findings with SCG Members. • Where ava ilable and appropriate, datasets shall be shared with the Central Statistical Organization. • Government of Myanmar SCG Members shall encourage the consolidation of development assistance portfol ios and the use of country systems. • Government of Myanmar SCG Members shall identify their respective analytical needs, coordinate studies, and ensure that SCG Members are briefed with regard t o findings. • Government of Myanmar SCG Members shall ensure prioritized and costed Sectoral, M inisterial, Sub- National and other Development Plans and Strategies (and simi lar initiatives) are shared with SCG Members and ensure that these plans are kept up to date as per operational requirements. 34 SCG Non-Government Member Tasks and Responsibilities • SCG PID Members shall be responsible for ensuring timely, accurate and comprehensive reporting to the Mohinga AIMS, and for addressing gaps, duplication of efforts, and for identifying potential synergies. • Non-Government of Myanmar SCG Members shal l provide inputs into the drafting and ongoing refinement of prioritized and costed Sectoral, Ministerial, Sub-National and other Development Plans and Strategies (and similar initiatives) however ownership shall at all times rest with relevant Government Entities. • Non-Government of Myanmar SCG Members shal l ensure that all support provided is, to the greatest extent possible, directly or indirectly supporting the implementation of these of prioritized and costed Sectoral, Ministerial, Sub-National and other Development Plans and Strategies (and simi lar initiatives). • Non-Government of Myanmar SCG Members shall ensure that the SCG is apprised of all ongoing and pipeline initiatives relevant to the sector and seek advice from SCG Members to ensure effective implementation. SCG Secretariat • The SCG Chair shall establish an SCG Secretariat housed within their Ministry which shal l support the effect ive functioning of the SCG. • The SCG Chair shall appoint a Permanent Secretary or Director-General to serve as SCG Secretary. • The SCG Secretary shall be responsible for the effective running of the SCG Secretariat. • The SCG Secretary shall be responsible for securing t he necessary resources (huma n, technical and financial) to support t he proper function of their SCGs from SCG Members.
4.8.2 — Other Coordination Mechanisms
4.8.2. Other Coordination Mechanisms The Government of Myanmar encourages coordination in all sectors including t hose which do not enjoy forma l SCG designation. Other coo rdination mechanisms, although not designated as fo rmal SCGs are likewise encouraged to ad here to SCG Operat ing Guidelines given their linkages to Myanmar's overall development priorities. The role and number of forma lly designated SCGs and other coordination mechanisms may evolve, as determined by t he Government of Myanmar and as per operatio nal requiremen ts. Th e DACU shal l maintain effective working arra ngements with other coordination mechanisms, and ensure appropriat e liaison, coordi nation and information-sharing.
4.8.3 — The Cooperation Partners Group
4.8.3. The Cooperation Partners Group The CPG is the main forum for information sharing amongst CPG members on development effectiveness and coordination - and for taking decisions on how PID can improve t he way they work together, with the Government of Myanmar, and with others on such matte rs. CPG core responsibilities (as determined by the CPG) are: • to provide a forum for members to share information and exchange views on development issues and national pla ns, to coordinate their work and to identify common development policies, positions and messaging; • to discuss and promote joint approaches to st rategic issues and processes; • to coordinate with all levels of Government; • to engage with t he Hluttaw, CSOs and the private sector; • to encourage development cooperation through regular peer review of performance on the provision of harmonised support and reduced fragment ation; 35 • to encourage coherence between members' activities relating to development, peace and humanitarian assistance; • to support the Government of Myanmar's preparations rega rding annual development cooperation fora; • to support and interact with Government of Myanmar-CPG Working Groups, which may be set up to dea l with specific issues; and • to ensure good communication between all members. All CPG members are expected to ensure, t hrough due diligence, that t heir funding recipients are spending money transparently, appropriately, effectively and in line with relevant overarch ing agreements with Government of Myanmar.
4.9 — The Mohinga AIMS
4.9. The Mohinga AIMS Comprehensive and timely reporting of development assistance is key to ensuring reciprocal accountability between PID and t he Government of Myanmar, and between citizens and taxpayers. Accurate data on development assistance is also essential to enable t he Government of Myanmar to make more informed decisions regarding the allocation of domest ic resou rces and helps to ensure that development assistance aligns with Myanmar's development priorities. The Mohinga AIMS - a simple, open and modern cloud-based web-application - is Myanma r's officially-designated platform for reporting, storing and analysing all development assistance information. The Mohinga AIMS ca n be fou nd at www.mohinga.info The Mohinga AIMS serves as both a single reporti ng window and reposit ory of information on all development assistance fi nanced proposed, planned, ongoing and completed proj ects and programmes. The Government of Myanmar asks all PID to report all development assistance flows, including commitments and disbursement s, on a quarterly basis to ensure greater transparency and to facil itate the timely approval and implementation of development assistance financed initiatives. The Mohinga AIMS is bei ng continuously upgraded to include new features as per operational requirements. The Government of Myanmar shall continue t o ra ise awareness of t he Mohinga AIMS amongst all development stakeholders and the general public. Effo rts sha ll also be made to broaden the types of assistance reported into the Mohinga AIMS - in particular, development assistance provided and implemented bot h by and through INGOs, CSOs and t he private sector. The Ministry of Investment and Foreign Economic Relations has formed t he Myanmar Mohinga AIMS Reference Group to oversee the ongoing management and further development of the Mohinga AIMS, including data quality and validation. The Mohinga AIMS Reference Group Terms of Reference (ToR) can be found in Section 11.6. FERD, via the Mohinga AIMS Task Force, shall ensure that all PID are registered withi n t he Mohinga AIMS, that comprehensive and accurate data quality rankings are made public, and t hat 36 the Mohinga AIMS continues to be upgraded, where funding is made available, to ensure that all development assistance is accurately recorded and displayed. PIO are encouraged to actively support the continued development of the M ohi nga AIMS, including identifying new features and functiona lity requirements.
4.10 — Development Effectiveness Meeting Schedule
4.10. Development Effectiveness Meeting Schedule FERD coordinates a schedu le of regular development assistance related meetings. The agenda for these meetings and other logistical arrangements shall be managed by FERD w ith input from various stakeholder groups as appropriate.
4.10.1 — The Annual Development Effectiveness Roundtable
4.10.1. The Annual Development Effectiveness Roundtable The Government of Myanmar is committed t o hosting a Development Effectiveness Roundtable (DER ) on an annual basis. DER shal l be used to facilitate multi-stakeholder dia logue covering Myanmar's overall development trajectory, priority issues, progress toward achieving goals and strategies noted with in t he MSDP, and PIO future commitments. DER shall also assist in the identification of chal lenges, solut ions and opportunities relating to the effective delivery of development assistance in Myanmar. DER are typically attended by senior Government officia ls including the DACU Chair, all Union M inist ers and State and Region Chief Ministers, Ambassadors, and representatives of international and regional PIO organizations. The DER also welcomes representation from t he Hluttaw, the domestic and international private sector, the media, thi nk tanks, and both local and international CSOs.
4.10.2 — Regular DACU & Partners Meetings
4.10.2. Regular DACU & Partners Meetings Regular DACU and Partners meetings involve working-level representatives of t he DACU, Government Entities, PIO, local and int ernational CSOs and the private sector. Such meetings are used by various stakeholder groups to ca ll attention to issues affecting specific sectors or thematic areas, to highlight implementation challenges, and to jointly identify new short- and medium-term development assistance priorities.
4.10.3 — Development Dialogues & Portfolio Reviews
4.10.3. Development Dialogues & Portfolio Reviews All PIO are invited to maintain Regular Development Dialogues or Portfolio Reviews, jointly or individually, with th e Government of Myanmar. FERD shall co-lead the coordination of such dialogues together with PIO and relevant Government Entities. Where concessional loans make up the bulk of developme nt assistance provided by PIO, the DACU may take the lead role in prepa ring such Development Dialogues and Portfolio Reviews.
4.10.4 — Annual Civil Society Dialogues
4.10.4. Annual Civil Society Dialogues Annual Civil Society Dialogues provide the Government of Myanmar with a va luable opportunity to discuss Government of Myanmar development priorities, to identify opportunit ies for closer collaboration with Myanmar civil society regard ing MSDP implementation, to discuss cha llenges 37 and constraints faced by Myanmar civil society, and other development issues t hat Myanmar civil society feel warrants the Government's attention. The DACU encourages all Government Entities to ensure regular forma l and ad-hoc opportunities for local and international civil society to express views on matters pertaining to Myanmar's development challenges and opportunities. 38 5. DEVELOPMENT ASSISTANCE DELIVERY Based upon the Development Assista nce Core Principles set out in Section 1.1, this sect ion articulates Government of Myan mar preferences regarding specific development assistance modalities. The Govern ment of Myanmar warmly welcomes t he diversity of PIO active in Myanmar and recognises that the range of development assista nce delivery modalities t hey bring (includ ing blended modalities) can ensure a stronger and more resilient approach to t he financing of Myanmar's overall development priorities. Th e Governm ent of Myan mar shall remain o pen and flexible regarding the range of fi nancing and implement ation modalit ies offe red, priorit ising results, country systems st rengthening and use, comparat ive advant age, innovation and appropriateness. PIO assistance is at all t imes expected to align with and support Sectoral, Ministerial, Sub- National and other Development Plans and Strategies regardless of the modality used. The DACU notes that determining comparative advantage can often involve a degree of subject ivity and the refore shall make such determinat ions based on regular dialogue and consultation with PIO. IBox 4. "Aid Brokering" The Government of Myanmar discourages the practice of "aid brokering" whereby interested parties present t heir proposa ls with neither a secure source of fi nancing nor a viable fina ncing plan (o r interested partners) to Government Entities seeking an endorsement t hat is subsequently used to so licit third-party support. The Government of Myanmar believes such practices risk entrenching a supply-driven approach to the provision of development assistance, limits competitiveness, is at odds with good development pract ice and inconsistent with the spirit and intention of t his OAP. However, th is does not imply t hat in all cases Government Entities should reject such proposals as there are also cases where formal agreements or Letter of Intent may be required to secure financing as part of a high quality and appropriately managed proj ect identification and procurement process. In cases where a Government Entity is concerned that "aid brokering" may be occurring or at risk of occurring, I Government Entities are encouraged to submit thei r concerns to the DACU for f urther consideration and speedy I resolution. Government Ent it ies are encou raged t o conduct due di ligence rega rding unsolicited development assistance proposa ls to ensu re t hat t he PIO proposing the in itiative has secured (or is li kely to secure) access to t he fina ncial and/or technical resources required to implement the proposal before approval or submission to the DACU.
5.1 — General & Sector Budget Support
5.1. General & Sector Budget Support The Government of Myanmar encourages the delivery of development assistance through genera l and sector budget support moda lities. The Government of Myanmar views genera l and sector budget support as being amongst the most effective assist ance delivery modalities, corresponding well with development effectiveness principles by way of strengthening country systems, promoting nationa l ownersh ip, and ensuring alignment w ith nationa l, sub-national and 39 sector-level development priorities. The Government of Myanmar also views general and sector budget support as effective tools, bot h to create the additional fisca l space necessary to implement important actions and reforms, as well as to deepen engagement through focused pol icy dia logue. Budget support typically refers to a form of fi nancial assistance whereby financing is channelled directly into the Government of Myanmar's budget, using the Government's allocation and accounting systems, and with conditionality largely focused on pol icy measures related to enhancing economic growth, reducing poverty, macro-economic management, and strengthening institut ions, and subject to the same audit requirements as recurrent expenditure.
5.2 — Use of Country Systems
5.2. Use of Country Systems The Government of Myanmar advocates t hat, to the greatest extent possible, PIO deliver development assistance through country systems. However, the Government of Myanmar also acknowledges that Government Entities, and absorptive capacities, must also be strengthened to increase the ability for development assistance to be delivered in this manner. Therefore, the Government of Myanmar remains firm ly committed to improving public financial management and ongoing civil service reform. Likewise, the Government of Myanmar encourages PIO to support the strengt hening of fiduciary and administ rative capacities within Government Entities, including int roducing robust and standardized expenditure cont rol mechanisms, at all levels. The Government of Myanmar believes that doing so will enable PIO to deliver more assistance through country systems. PIO which chooses to deliver development assistance outside country systems shall include a clear justification for doing so within t heir Grant Design Document or Concessional Loan Concept Document. PIO are also encouraged to articulate plans to increase thei r delivery of development assistance through country systems over time within their Development Cooperation Strategy or similar. Box 5. Getting Development Assistance On-Budget The Government of Myanmar aims to significantly increase the proport ion of development assistance recorded 'on budget'. The increased use of country systems will help to realize this goal. Improved long-term, multi-year planning and budgeting by the Government of Myanmar and PIO, and the implementation of the MSDP and Project Bank, alongside greater transparency in development assistance data, will each contribute to this objective.
5.3 — Pooled/Trust Funds & Other Similar Modalities
5.3. Pooled/Trust Funds & Other Similar Modalities Where PIO are not in a position to provide development assistance through general and/or sector budget support modalities, the Government of Myanmar encourages the delivery of development assistance through Programme Based Approaches (PBA) and Multi-Donor Trust Fund (MDTF) mechanisms. Such forms of assistance enable the efficient delivery of a comprehensive and coordinated set of activities directly aligned with national, sub-national and sector-level development priorities. 40 Government Entities may establish sector specific MDTF mechanisms. The Government of Myanmar shall be represented at the Deputy Director General-level or higher in all PBA and MDTF governance structu res. Government of Myanmar representatives shall ensure thei r substantive engagement throughout all stages of the programme cycle.
5.4 — Project-Based Development Assistance
5.4. Project-Based Development Assistance The Government of Myanmar recognises that project-based development assistance can be valuable in a range of ci rcumstances includ ing in the delivery of assistance in hard-to-reach communities, in supporting the Government of Myanmar's delivery of complex reforms and investments, and in building longer-term institutional capacities. In pa rticular, the Government of Myanmar welcomes project-based development assistance which prioritizes innovative approaches to service delivery and capacity-strengt hening that may have t he potentia l for wider rollout/sca le-up in partnership with Government Entities.
5.5 — Grant Assistance
5.5. Grant Assistance To maximise t he volume and quality of development assistance, and to ensure continued stability in its public finances, t he Government of Myanmar encourages development assistance to be provided in the form of grants (rather than concessional loans or any other form of credit) except where economic and financial ana lysis presents a compelling reason to draw upon concessional finance or other sources, or where the provision of grants may risk distorting ma rket incentives.
5.6 — Concessional Loan Assistance
5.6. Concessional Loan Assistance While Myanmar is not considered to be at risk of debt stress, the Government of Myanma r is committed to maintaining Myanmar's external debt at a manageable level. Therefore, t he Government of Myanmar has a strong preference for the provision of development assistance in t he form of highly concessional loans or credits (with t he most afforda ble repayment ob ligations) and sha ll view more favourably those loans or credits with t he highest level of concessionality. The Government of Myanmar recognises that grant resources alone will be insufficient to achieve all development priorities outlined within the MSDP. Therefore, the Government of Myanmar shall see k to gain maximum benefit from concessional loan financing in support of social and economic development priorit ies. Th e Government of Myanmar shal l favour concessional loans and credits which align with Myanmar's development priorities and broader development goals as articulated w it hin the MSDP. In principl e, concessional loan fi nancing shall only be used to finance initiatives whe re the economic rate of return is determined by t he Government of Myanmar t o be higher than the borrowing cost. 41 Other non-concessional development finance and other forms of cred it wit h a development focus may be considered by OACU for endorsement on a case-by-basis.
5.7 — Untying Development Assistance and Local Procurement
5.7. Untying Development Assistance and Local Procurement Tied assistance (i.e. th e procuring of imported goods and services t ied t o a single partner count ry or PIO) severely limits the ability of both the Government of Myanmar and PIO t o pursue value for money procurement. Therefore, the Government of Myanmar encourages all PIO to ensure their development assistance is provided fu lly untied. Government Ent ities sha ll be responsible for identifying potentially t ied assistance arrangements du ring the Project/Programme Concept Approval Phase. Where a Government Ent ity is unsure whet her a certain financing practice may be considered to be t ied assistance, the Government Entity may request t hat t he PIO f urnish evidence in support of any clai m that such a practice is untied or pa rtially untied. Government Entities are encouraged to refer to the OACU for guida nce regarding any proposal involvi ng t he use of t ied aid. Officially extended and officially guaranteed private export credits shall not be considered tied aid.
5.8 — Prioritising Local and Competitive Procurement
5.8. Prioritising Local and Competitive Procurement The Govern ment of Myanma r va lues open, accessible and timely contracting practices, including, where possible, leverage the use of development assistance in ways which prioritise t he creation of opportunit ies for Myanmar cit izens and businesses to cont ribute t o our nat ion's development. All stakeholders are t herefore encouraged to identify ways t o increase local content procurement including prio ritising the hiring of Myanmar cit izens and businesses (and reduci ng wage ga ps between loca l and internat ional hires). The Government of Myanmar encourages all sta keholders to mini mize t he use of non - co mpetitive t ender short-lists to ensure more eq ual opportun it ies in t he awa rd, and implementation of contracts. The Government of Myanma r discou rages pract ices which may unnecessarily ext end the development assistance implementation chain (e.g. the use of 'sub-sub' or multi-layer contracting arrangements) given t hat such practices freq uently result in excessive overheads, leaving fewer resources available for intended beneficiaries. The Government of Myanma r also recognises that PIO direct implementat ion may not always offer t he greatest value for money and so sha ll be flexible, priorit ising results, country syst ems strengt hening and use, compa rative advantage, innovation and appropriat eness. Government Ent ities overseeing procurement plans and modalities within projects sha ll be responsible for identifying opportunities for furthering local competitive procurem ent and fo r 42 communicating these to PID while remaining in compliance with procurement manuals and other similar/relevant documentation agreed between Government Entities and PI D.
5.9 — Localising Commodity-Based Assistance
5.9. Localising Commodity-Based Assistance The Government of Myanmar appreciates commodity-based development assistance provided by PID, particularly in the context of humanitarian emergencies and natural disasters. The Government of Myanmar also notes t hat commodity-based development assistance is at t imes procured within the provider country (or external to Myanmar), imported into Myanmar and then distributed in an uncoordinated manner, al l at significant cost on both sides. Such practices also risk distorting local markets. Therefore, the Government of Myanmar requests that, to the greatest extent possible (exempting cases involving a specific request from a Government Entity) that commod ity-based assistance is localised.
5.9.1 — In-Kind Loans
5.9.1. In-Kind Loans The Government of Myanmar notes potential risks associated with the use of in-kind loans given that t hey are often t ied to the credit supplier and therefore may limit Myanmar's ability to pursue other more value-for-money options. Government Entities proposing the use of in-kind loans must include in their submission to the DACU an assessment of both the prevailing and future potential market (and other) conditions which may impact upon repayment obligations and provide such assessments to the DACU and as part of Concessional Loan Approval Process (see Section 10.3).
5.10 — Technological Sustainability & Interoperability
5.10. Technological Sustainability & Interoperability Where development assistance involves the procurement, application and/or transfer of information and communications technology (ICT), this technology shall be cost-effective, secure, untied, well-supported, future- leaning, and capable of interoperability with other relevant systems. Wherever possib le, the Government of Myanmar prefers the use of open source technologies that are both evidence-based and appropriat e to the Myanmar context, with a commensurate investment in th e building of capacities required to use and maintain technologies acquired .
5.11 — Division of Labour & Avoiding Fragmentation
5.11. Division of Labour & Avoiding Fragmentation At present, some PID are operating in a large number of sectors, including sectors in w hich they may not necessarily hold a firm comparative advantage. The Government of Myanmar is committed to preventing fragmentation and the uncoordinated overlap in the delivery of development assistance. In the medium-term, the Government of Myanmar encourages PID to focus their assistance in a limited number of sectors where they bring a comparative advantage, resu lting in significant efficiency gains for both PID and the Government of Myanmar. 43 To encourage greater interconnectedness and coherence of complementary initiatives, and an appropriate division of labour, the DACU wil l work with Government Ent ities and PID to identify sectors where additional development assistance is required, identify where 'overcrowded' sectors exist, and assist both Government Entities and PID to jointly coordinat e their support accordingly. The DACU and FERD will work proactively with PID, including during the form ulation and review of Development Cooperation Strat egies, to provide broad guidance as to w hich sectors and t hematic areas they may wish to prioritise for inclusion within their portfolio.
5.12 — Humanitarian Assistance
5.12. Humanitarian Assistance The Government of Myanmar accepts the ultimate responsibility of the State to provide fo r the humanitarian needs of its people. The Government of Myanmar is committed to continued dialogue and action in concert w ith local and internat iona l humanitarian partners resulting in improvements to the effectiveness and coordination of humanitarian assistance. In this regard, further guidance shall be developed by appropriate Government Entit ies, including the DACU, in consideration of the differences as well as the inter linkages between humanitarian assistance and development assistance. PID must ensure t hat all forms of humanitarian assistance are reported to t he Mohinga AIMS.
5.13 — Technical Assistance
5.13. Technical Assistance The Government of Myanmar is committed to strengthening the human and institutional capacities required to achieve our nat ional development objectives, incl udi ng through t he use of development assistance funded technical assistance. The Government of Myanmar recognises t hat technical assistance more broadly, and Embedded Technical Assistance, in particular, can and often does play a valuable role in strengthening Myanmar's human and institutional capacit ies necessary to sustain the implementation of key reforms and to facilitate knowledge transfer. At all times, such technical assistance shall be demand-driven, effectively managed, of t he highest quality, and shall always provide value for money. Barring exceptional circumstances, capacity bu ilding shall be included as a central objective in the deployment of technical assistance. Technical assistance must not seek to replace or substitute loca l capacities or create an unsustainable reliance on such assistance (including for the delivery of functions t hat t he Government of Myanma r may be unable t o sustain long-term). To ensure the most effective use of Embedded Technical Assistance, the Government of Myanmar has developed "General Guidance on Technica l Assistance" found in Section 7. PID are expected to make all efforts to align their provision of Embedded Technical Assistance accordingly. 44 6. GENERAL GUIDANCE ON AP ROVAL PROCESSES This section describes in broad terms the various process that shall be fol lowed by Government Entities and PID regarding approving the provision of development assistance. A separate and more detailed set of supplementary step-by-step Standard Operating Procedures (SOP) have also been prepared to provide further clarification. The approval procedures set out within this section and re lated SOPs shall apply to all forms of development assistance except for stand-alone initiatives financed and implemented by PID independent of a project or programme specific MoU or similar appl icable Agreement, or any other formal partnership with a Government Entity. The Government of Myanmar is com mitted to establishing clear, efficient and consistent procedures covering the identification, design, negotiation, approval, implementation and evaluation of development assistance in Myanmar. The Government of Myanmar also recognises that PID maintain their ind ividual management practices and procedu res. All PID are asked to simplify any procedures inconsistent with this DAP, and with this section in particular, to achieve greater alignment with those used by the Government of Myanmar. The Government of Myanmar, through the DACU, shall seek to ensure that all relevant institutions work collaboratively, and that related procedures remain constructive, facilitative and add value at each step throughout t he approval process. FERD shall hold a central coordina t ion and management role and shall serve as the primary interface between the Government of Myanmar and PID on all issues relating to development assistance. On a case-by-case basis, where the efficient and timely provision of assistance may require deviation from the procedures outlined in this section and related SOP, PID and/or relevant Government Entities shall request a meeting with the DACU to discuss and agree upon necessary alternate arrangements and timeframes and to ensure clarity amongst al l stakeholders. At an institutional level, where PID procedures face unresolvable conflict with Governm ent of Myanmar procedures, PID shall provide a detailed explanation of the conflict, and propose a potentially viable solution for consideration by the DACU. The DACU will work together with these PID and relevant Government Entities to agree upon a mutua lly agreeable solution. In principle, cases pertaining to development assistance (e.g. MoUs, Note Verbale, Country Partnership Strategies, changes to projects/programmes, extensions, concepts) should not be submitted to the Economic Committee without having been reviewed by the DACU and an advisory opinion been drafted. PID shall not be required to seek DACU endorsement or Economic Committee approval for offers of Technical Assistance or vehicle procurement if such procurement is a component part of a previously approved project/programme. 45 The Government of Myanmar reserves the right to decline or cance l any development assistance f inanced initiative if the potential negative effects of that assistance are considered to outweigh 2 potential benefits. Any refusal sha ll involve both quantitative and qualitative considerations and shall be decided upon a case-by-case basis. Box 6. The Project Bank The Ministry of Planning, Finance and Industry, in coordination with other relevant Government Entities oversees the Project Bank - an interactive, publicly accessible, online database of projects for which financing is being sought, and which will further the implementation of various Strategies and Action Plans noted within the MSDP. In doing so, the Project Bank: • establishes a predictable and transpa rent system for major project development and management that will enable the Government of Myanmar to effectively implement the MSDP; • promotes the role of the private sector in national development by attracting appropriate private partners through Public-Private Partnerships (PPP) and equitization processes to better augment financia l resources toward the achievement of Myanmar's national development objectives; and • ensures competition and efficiency in t he implementation of projects through the use of Swiss Chal lenge and other competitive tendering processes. The Government of Myanmar encou rages all PIO to prioritize the funding of initiatives within t he Project Bank, through grants, concessional loans and other innovative funding modalities. Fast-track approval procedures will be introduced. State and Region Governments seeking approvals for initiatives financed with development assistance shall adhere to the policies, processes and procedures set forth withi n this DAP. Al l documentation submitted by State and Region Governments which require consideration by t he DACU, or Economic Committee shall have rece ived prior approval by the respective Chief Minister.
6.1 — General Guidance
6.1. General Guidance
6.1.1 — Use of Standard Agreement & MoU Templates
6.1.1. Use of Standard Agreement & MoU Templates Where possible, and while in no way seeking to prevent use of individual PID standard templates, MoUs and similar such Agreements with Government Entities should consider the standard template found in Section 11.4 as a sta rting point for negotiations in order t o fast-track assessment and approval. Both Government Entities and PID shall remain flexible and mutually accommodating in order to arrive at a final agreeable text in a timely manner.
6.1.2 — Ensuring Documentation Quality
6.1.2. Ensuring Documentation Quality Government Entities are frequently asked to consider documentation submitted by PID in the English language. Such documentation often requires translation into Myanmar language, the 2 Cancellations of ongoing initiatives shall be done in accordance with t he relevant Grant Agreement/Mou, Concessiona l Loan Agreement or similar agreement. 46 official language of the Republic of the Union of Myanmar, by working-level staff within Government Entities. W hen English language documentation submitted by PID is of poo r quality, containing spelling, grammatical and other inconsistencies, Government Entity translation capacities are stretched, which can delay timely decision making and approvals. PID are therefore encouraged to ensure t hat all Englis h language documentation provided to Government Entities for consideration is reviewed before submission for spelling and grammatical accuracy. PID are encou raged to provide as much documentation as possible, including MoUs and similar such Agreements, in Myanmar language to ensure their time ly consideration.3 Where PID are unable to provide Myanmar language translations, PID shall work closely with Government Entities to ensure a clear, shared understanding of al l English language documentation submitted to the DACU. Each Government Entity shall establish a dedicated team to review all documents for comprehensiveness, clarity and quality before submission to the DACU. It sha ll remain t he responsibly of Government Entities to ensure accuracy regarding translation, spelling and grammar before submission to the DACU. Failure to do so may result in delays or potentia l rejection.
6.1.3 — MIFER as a Single Window
6.1.3. MIFER as a Single Window The Ministry of Investment and Foreign Economic Relations shall be the single window for the subm ission of all cases requiring the DACU's consideration prior to submission to the Economic Committee.
6.1.4 — Use of Tied Assistance
6.1.4. Use of Tied Assistance Where the provision of development assistance involves the use of tied assistance, PID shall include a clear, written justification as to why tied assistance is bei ng proposed in that instance within the documentation submitted.
6.1.5 — Budget Support
6.1.5. Budget Support Approvals for General and Sector Budget Support shall follow the processes set forth in Section 10.2 and 10.3 however, in such cases, the signing authority shall be the Ministry of Planning, Finance and Industry.
6.1.6 — Packaged Approvals
6.1.6. Packaged Approvals Where an in itiative has been substantively included within a broader package of projects or programs approved by the Economic Committee, Government Entities shall be free to determine the most effective subsidiary approval and implementation arrangements without requiring any further authorization from the DACU or any other Government Entity. 3 Myanmar language translations provided by PIO shall not be considered equally authentic as the original language document unless expressly stated. 47
6.1.7 — Vehicles Procurement
6.1.7. Vehicles Procurement The Government of Myanmar discourages the procurement of non-essential and premium-level vehicles as part of grant and concessional loan financed initiatives. In cases where the use of vehicles is considered essential t o project effectiveness, partner Government Entities should make vehicles available from within their existing fleet as a first preference. Where a partner Government Entity and Partner in Development consider vehicle procurement to be an essential to project effectiveness, a compelling justification must be provided prior to the project/programme's approval.
6.1.8 — Contracts & Procurement
6.1.8. Contracts & Procurement The Government of Myanmar encourages Government Entities to prioritise best quality and cost-effective procurement solutions and also to remain sensitive to lega l/procedu ral requirements to which PIO may be bound. Government Entities may approve the purchase of development assistance financed goods and services and enter into contracts provided that t he procurement or contract sits subsidiary to a project/programme previously approved in accorda nce with this OAP. In doing so, Government Entities shall be free to determine most efficient procu rement and contract signing procedures without req uiring any further authorization fro m the DACU or any other Government Entity, w hile remaining in keeping with the efficiency Partnersh ip Principle (Box 1), and in compliance with Myanmar's existing laws, rules, procedures, notifications, orders and directives.
6.2 — Phase 1: Approval of Development Cooperation Strategies
6.2. Phase 1: Approval of Development Cooperation Strategies Development Cooperation Strategies provide PIO with a strategic basis upon w hich to operate in Myanmar, providing an opportunity for Government of Myanmar and PIO to agree upo n the general sectors and moda lities through which support will be provided over the medium-term. All PI O are encouraged to provide development assistance within an overarching, multi-year Development Cooperation Strategy that has been developed in consultation with t he Government of Myanmar. Unless agreed, Development Cooperation Strategies shall not be considered legally binding on any party. Development Cooperation Strategies should, to the greatest extent possible, establish the broad scope, scale, and sector-level focus of current and pipeline PIO assistance, together w ith an indication of anticipated projects, programmes or focus areas for use as a basis for more detailed subsidiary Grant and Concessional Loan Agreements. 48 Where possible, PIO are encouraged to include reliable indicative comm itments of antici pated development assista nce over a multi-year period, anticipated beneficiaries and implementing organizations, anticipated project/programme locations, and proposed del ivery modalities with in Development Cooperation Strategies. All PIO are encouraged t o maintain an open dialogue via SCGs throughout the Development Cooperation Strategy drafting process to reduce the risk of duplication and overlap, to fac ilitate a more effective division of labour and to improve the efficient al location of development assistance overall. PIO sha ll enjoy t he flexibility t o develop Development Cooperation Strategies in accordance with respective PIO standard practice. Where Pl D seek formal Government of Myanmar endorsement of their Development Cooperation Strategy, PIO shall engage FERD who shall play a coordination, facilitation and oversight role, role, convening relevant Government Entity counterparts and general ly operating as a one-stop-shop, ensuring the effective, efficient and t imely consideration by the Government of Myanmar. PIO may choose to maintain a regular dialogue bet ween relevant Myanmar authorities in place of a Development Cooperation Strategy. In such cases, FERD shall co-lead dia logues pertaining to development assistance matters together with PIO. In such cases, fo llowing such dialogues, note verbale or aide-memoire will be agreed and provided to the Economic Committee for their endorsement.
6.3 — Phase 2: Project/Programme Concept Approval
6.3. Phase 2: Project/Programme Concept Approval PIO and Govern ment Entit ies may propose and discuss development initiatives and agree o n concepts which shall underpin further programme- and project -level development. In cases where PIO propose support via diplomatic chan nels, the Ministry of Foreign Affairs shall pass the proposal to t he relevant government entity. Where mu lt iple Government Entities are proposed to receive PIO support, a Lead Government Entity shall be selected (see Section 10.2.1 ). Once a project/programme concept has been agreed, the Government Entity shall submit all relevant documentation to FERD who shall prepare the case for submission to the DACU. The DACU will review t he proposal and may either offer an endorsement, allowing for f ull Project/Programme development to begin, or convey the case to the Economic Committee for further review and approval.
6.4 — Phase 3: Grant Design/Concessional Loan Design Approval
6.4. Phase 3: Grant Design/Concessional Loan Design Approval When the Project/Program me is ready for final approval, the Government Entity shall submit all relevant documentation to FERD who shall prepare the case for final submission to the DACU. 49 The DACU will review the Project/Programme and may either offer an endorsement, allowing for the Project/Programme to be signed, convey the case to the Economic Committee for further review and approval or 'green light' the Project/Programme for inclusion in t he Project Ba nk. All proposed Grant Designs/Concessional Loan Designs shall receive w ritten endorsement by relevant Chief Minister prior to submission to the DACU. so 7. GENERAL GUIDA CE ON ECHNICAL ASSISTANCE Embedded Technical Assistance that is demand-drive, well designed and value for money can make a significant contribution to Myanmar's development. However, in cases where such assistance is supply-driven, poorly managed or offers weak value for money, it can also risk being counterproductive. Therefore, the Government of Myanmar has developed the fol lowing General Guidance on the Use of Embedded Technical Assistance which all PID are expected to adhere to (see Box 9) . In accordance with President's Office Notification 1/2019, the Policy applies to all new Embedded Technical Assistance, including advisers, long-and short-term experts and similar personnel (including those working in a training capacity) who are contracted either: • directly by Government Entities but funded by development assistance, or • by PID, but where they are expected to spend 50% or more of their contracted engagement period working with or within Government Entities. The DACU also notes tha t PID often make available non-Embedded Technical Assistance expertise in the form of seconded diplomats or civil servants, university fellows and volunteers. The DACU encourages PID providing such expertise to maintain conformity with these Guidelines. The DACU may authori ze exceptions to this General Guidance in special circumstances fol lowing a request from either a PID or Government Entity. Box 7. Embedded Volunteer Technical Assistance Myanmar has benefited from the dedicated efforts of foreign volunteers who have supported our country's development. Managing Embedded Volunteer Technical Assistance, just like Embedded Techn ical Assistance, inevitably places transaction costs upon the Government of Myanmar. Therefore, regarding the use of Embedded Volunteer Techn ical Assistance working closely with or within the Government of Myanmar, the receiving Government Entity sha ll take the leading role in identifying specific areas which may benefit most from Embedded Volunteer Technica l Assistance and shall commun icate these needs directly to PIO. It sha ll be upon this basis on ly that the Government of Myanmar shall engage Embedded Volunteer Technical Assistance. Box 8. General Guidance on the Use of Embedded Technical Assistance Responsibilities of the Development Assistance Coordination Unit • DACU will maintain and communicate guidelines, procedures and best practice regarding the recruitment, management and oversight of Embedded Technical Assistance across Government. In doing so, DACU will ensure clear and efficient procedures and prioritize va lue-for-money outcomes while welcoming feedback from all re levant stakeholders. • Upon voluntary receipt of a request from a Government Entity, the DACU may review proposa ls for t he use of Embedded Technical Assistance and offer advice or propose alternative arrangements for consideration by that Government Entity. • Upon voluntary receipt of a request from a Government Entity, the DACU may review Embedded Tech nical Assistance ToR prior to finalization/approval and provide recommendations for consideration 4 Including volunteers embedded within Government Entities receiving compensation. 51 by that Government Entity. • The DACU may be asked to connect potential Embedded Volunteer Technical Assistance with appropriate Government Entities. In cases where Embedded Volunteer Technical Assistance may be feasible, the DACU will work closely with potential Government Entities to ensure such approaches are both cost-effective and technically sound. Responsibilities of Government Entities • Government Entities wil l be actively involved in the drafting of Embedded Technical Assistance ToRs to ensure that they include specific, measurable and time-bound objectives/outcomes; specific requirements associated with knowledge-transfer and capacity-building for Government staff; monitoring and reporting arrangements; and list Government counterpart(s). • Government Entities and/or PID shall publish available Embedded Technica l Assistance positions and associated ToRs in Myanmar and English language (where feasible) on recognized online j ob boards (including at least one Myanmar website) and/or their respective websites to ensure transparency and attract the widest field of local and international candidates. • Government Entities shall be responsible for the final selection/approval of the Embedded Technica l Assistance from among those shortlisted, based upon objective and transparent and appropriate criteria. • In support of knowledge-transfer, Government Entities must pair Embedded Technical Assistance with a designated government counterpart (a specific individual or team), allowing the fo rmer to gain better insights into local context and the latter to gain relevant professional skills and experience. • Government Entities shall ensure regular dialogue with PID funding Embed ded Technical Assistance concerning performance. Government Entities are encouraged to make the DACU aware of both success stories and good practices, as well as unsatisfactory performance that may require further follow-up action. • Government Entities may reserve the right to request alternative Embedded Technica l Assistance following an appropriate notice period and in accordance with due process and contractual obligations if an Embedded Technica l Assistance's performance is judged by the Government Entity to be unsatisfactory or if priorities/needs change. Responsibilities of Partners in Development • PID are responsible for adhering to these Guidelines, and for seeking clarification from counterparts, Government Entities or the DACU where necessary. • Where possible, PID should establish pooled f unds to jointly finance Embedded Technical Assistance services. • Details of Embedded Techn ical Assistance should be entered into the Mohinga AIMS by the funding PID and updated on a quarterly basis. • Copies of contracts between funding PID and Embedded Technical Assistance should be shared with the relevant Government Entities. • Where PID are directly contracting Embedded Technical Assistance, the PID must provide a list of at least three suitable candidates (or an explanation for any exceptions to this guidance), from which the Government Entity may choose. In such cases, PID must make a reasonable effort to ensure the validity of candidates' stat ed qualifications and experience. • Former Myanmar civil servants (excluding those who have reached official retirement age) shall not be eligible for recruitment as Embedded Technical Assistance until at least twelve months after their departure from Government service. Responsibilities of Embedded Technical Assistance • Embedded Technical Assistance sha ll submit regular formal reports to their identified Government counterparts covering progress toward deliverables set within their ToRs and sha ll provide a Final Report summarizing accomplishments, challenges faced and recommendations for key stakeholder groups. 5 Government Entities shall remai n flexible in cases where PID are unable t o comply in order to ensure the timely provision of required technica l assistance. 52 • Embedded Technical Assistance shall t reat the transfer of knowledge and local capacity-building as a priority. • Embedded Technical Assistance shall be predominant ly based in Myanmar during t heir contract period, in order to faci litate on-the-ground understanding, effective commun ications, and knowledge transfer. Exceptions shall require written justification from PID and Government Entity endorsement. • Embedded Technical Assistance must at all times remain sensitive to Myanmar culture and context. PID who, for lega l and/or procurement reasons, are unable to conform with certain aspects of t his General Gu idance sha ll inform the DACU in writing, including thei r exact legal and/or procurement rules that limit t heir conformity. The DACU will work together with these PID to identify a mutual ly agreed solution. This General Guida nce on Technical Assistance sha ll not apply to any tech nical assistance financed and contracted by PID independent of a project or programme specific MoU or similar applicable Agreement, or any other formal partners hip with a Government Entity. Box 9. Key Considerations for Govern ment Entit ies Consideri ng use of Embedded Technical Assist ance Government Entities considering the use of Embedded Technical Assistance shall give f ull consideration to the following: Background How did the proposa l to use Embedded Technical Assistance come about? Does the Government Entity fu lly support the use of Embedded Technical Assistance in this instance? Alignment Does the proposed Embedded Technical Assistance contribute t o the delivery of high priority, strategic goals and objectives as specified in Sect oral, Ministerial, Sub-National and other Development Plans and Strategies? Internal Government Ca pabilities Have opportunities to use existing capacities within the Government Entity (or the Government of Myanmar more broadly) as an alternative to engaging Embedded Technical Assistance been fu lly explored? Were other options considered before deciding to use Embedded Technical Assistance? Clarity Are the desired outputs and outcomes to be ach ieved through the use of Embedded Technical Assistance clear to the Government Entity? Sustainable Knowledge Transfer Will the Government Entity ensure that technical skills and knowledge, once transferred, can be used in ways that avoid the repeated engagement of Embedded Technical Assista nce for the same purpose? Change Management In cases where the engagement of Embedded Technica l Assistance is likely to result in a significant change to systems or procedures used by one or more Government Entities, has the Government Entity considered what steps must be taken to ensure that t he impacts of this change are acceptable to al l stakeholders? Management, Monitoring & Evaluation Does the Government Entity have the capacity to provide effective managerial oversight of the Embedded Technical Assistance to ensure that deliverables are being ach ieved? 53
7.1 — Approving Offers/Proposals for Embedded Technical Assistance
7.1. Approving Offers/Proposals for Embedded Technical Assistance Technical Assistance is sometimes one part of a broader project or programme but can also constitute a project in and of itself. Approval of a broader project or programme in accordance with this OAP and associated Standard Operating Procedures shall be understood as conferring approvals t o Embedded Technical Assistance components provided that the use of Embedded Technical Assistance is clearly stated within project/programme documentation. Government Entities are asked to apply the 5 tests contained in Box 10 prior to accepting individual Embedded Technical Assistance. Box 10: "The 5 Tests" When selecti ng individual Embedded Technical Assistance, the DACU requires that Government Entities apply the 5 tests below: • Has the Government Entity been actively involved in t he Embedded Technical Assistance ToR drafting process? • Has the Government Ent ity been responsible for the final selection of the Embedded Technical Assistance from amongst those shortlisted? • Has the Government Entity assigned a counterpart role for each Embedded Technical Assistance? • Is t here an M&E/oversight structure in place to ensure the Embedded Technical Assistance is pe rforming effectively? • Is t here a priority placed on knowledge transfer and capacity building? If the answer is 'no' to any of t hese '5 Tests', Embedded Technical Assistance is unlikely to achieve its desired outcome. In such cases, Government Entities are encouraged to seek a consultat ion with the DACU prior to approving such offers.
7.2 — Reporting on the Status of Embedded Technical Assistance
7.2. Reporting on the Status of Embedded Technical Assistance Government Entities benefitting from the use of Embedded Technical Assistance shall, on a quarterly basis, provide FER D with a list including name, nationality, associated project/ programme, financing PIO, location, sector and expected/actua l contract start/end dates. Government Entities benefitting from t he use of Embedded Techn ical Assistance shall provide FERD with a copy of any Final Report written by consultants/experts (or simila r) within two weeks of receipt. 54 8. GE ERAL ADMI ISTRATIVE PROCEDURES
8.1 — Visas
8.1. Visas Diplomats, staff, consultan ts and those w hose services are otherwise engaged by a PID to implement development assistance funded init iatives in Myanmar, including immediate family members, shall receive a visa issued either via a Myanmar Embassy abroad or upon arrival, in accordance with an established Framework Agreement, MoU or any similar applicable Agreement established between the Government of Myanmar and the PID. The Government of Myanmar is considering upgrad ing the official Myanmar eVisa service. Additiona l gu idance on visa processes and eligibility will be developed in consult ation with relevant stakeholders. Further information on bot h matters wil l be made available in due course.
8.2 — Establishing an Office in Myanmar
8.2. Establishing an Office in Myanmar All PID shall be perm itted to establish offices in any part of Myanmar, other than restricted areas as determined by the Ministry of Home Affairs from time-to-time. All PID seeking to establish offices shall inform FERD in w riting at least two months before opening their offices so that FERD may facilitate the necessary approvals. PID wishing to establish offices in restricted areas require formal authorizations. PID shall officially inform FERD of plans to open offices in restricted areas so that appropriate arrangements and consultations can be made. The Government of Myanmar encourages PID to est ablish and st rengthen their ful l-t ime presence in Nay Pyi Taw, our capital city and home of the Government and Hluttaw. The Nay Pyi Taw Council and municipal authorities stand ready to assist in t his regard. PID, and local and international staff of PID, are permitted to rent residential accommodation anywhere in Nay Pyi Taw except the Military Zone. Tenants and landlords shall follow relevant standard procedures as elsewhere in the country, including registration with relevant township authorities. Specific queries are to be directed to the Nay Pyi Taw Council. Embassies and Diplomatic Missions seeking to establish a presence in Nay Pyi Taw shall refer to the Minist ry of Foreign Affairs for further guidance.
8.3 — Knowledge Products, Conferences, Seminars & Trainings
8.3. Knowledge Products, Conferences, Seminars & Trainings PID are encouraged to ensure that knowledge products (e.g. publications, research, reports etc.) and the content of conferences, workshops seminars, trainings and similar capacity building and knowledge-sharing events are made freely available to the widest possible audience. This includes a strong preference for the use of Myanmar and other local languages in content delivery and materials d istribution. 55 Furthermore, in the spirit of openness and transparency, and where suffici ent internet bandwidth is available, Government Entities and PID are encouraged to utilize online platforms which faci litate live video streaming and content sharing. Where internet bandwidth is insufficient, Government Entities and PID are encouraged to upload recorded conten t when bandwidth becomes available. Data forma lly collected by Government Entities and PID during the implementation of development assistance funded initiatives should, to the greatest extent possible, be managed in accordance with the Open Development Data Principles found in Box 11. 6 Box 11: Open Development Data Principles Complete Data shou ld be made available via a publicly accessible website subject to valid privacy limitations and/or secu rity concerns. Primary Data should be made available at with t he highest possible level of granularity and without aggregation or modification. Timely Data shou ld be made available as quickly as necessary to preserve its value. Machine Processable Data should be structured to enable automated processing. Data that collected in Myanmar language and/or other indigenous languages of Myanmar should be encoded in accordance with t he Myanmar Unicode (ISO 10646) standard. Non-Discrimi natory Data shou ld be available to all without requiring application or registrat ion. Non-Proprietary Data shou ld be available in a format over which no entity has exclusive control. License-Free Data shou ld not subject to any restriction of copyright, patent, intellectual property or trade secrets . 6 These recommendations have been adapt ed from the Open Data Charter which can be fou nd at: https://opendat acharter. net/principles/ 7 Machine processable data formats include, but are not limited t o, data fo rmat s such as comma separated va lues (CSV) for t abular data, and Sh apefiles (SHP) for geographic data. 56
8.4 — Travel Authorisations
8.4. Travel Authorisations
8.4.1 — Non-Restricted Area Travel
8.4.1. Non-Restricted Area Travel Ministry of the Office of the Union Government (GAD) Partner in Development ~ Ministry < State/ Region Government PIO are permitted to travel to unrestricted areas; however, they shal l not ify t he relevant partner M inistry of their intension to visit, inclusive of a detailed travel schedule at least 7 working days in advance. Partner Ministries shall then inform General Administration Department within the Ministry of the Office of the Union Government and State/Region Govern ments of t he PIO's intention to travel with the Ministry of Home Affairs and Ministry of Labour, Immigration and Population in copy.
8.4.2 — Restricted Area Travel - General
8.4.2. Restricted Area Travel - General Line Ministries (MOHA, MOD, GAD) Part ner in Development ~ Ministry v ~ Ministry I'----.-. State/ Region ~ Government Partner in ~ Ministry ~ President Office Development All PIO seeking to travel to restricted areas must complete and submit a Restrict ed Area Travel Authorization (RATA) Request Form (see Section 11.l)to the relevant Line Min istry at least 10 working days in advance of the date of intended t ravel. Upon receipt of t he RATA Request from PIO, Line M inistries shal l su bmit the RATA Request Form together with a cover letter seeking recommendations from the fol lowing entities: • Ministry of Home Affairs; • The Ministry of Defence; and • Relevant State/Region Government s 57 Upon receiving recommendations from the aforementioned entities, t he Line Ministry shall submit the RATA Request Form, recommendation letters and any other documentation deemed relevant to the Ministry of the President's Office. The Min istry of the President's Office shall then inform the Line Ministry of its decision to either grant or decline permission to travel. The Line Ministry shall then inform PI O of t hat decision.
8.4.3 — Restricted Area Travel -Rakhine State
8.4.3. Restricted Area Travel -Rakhine State MoFA Partner in v Ministry Development --- Ministry I'---.. State/ Region Government ~ Partner in Development .- Ministry - MOSCO All PIO seeking to travel to Rakhine State must complete and submit a Restricted Area Travel Authorizat ion (RATA} Request Form (see Section 11.1} to the relevant Line Ministry at least 10 working days in advance of the date of intended travel. Upon receipt of the RATA Request from PIO, Line Ministries shall submit the RATA Request Form together with a cover letter seeking recommendations from the fol lowing entities: • The Ministry of Foreign Affairs; and • Relevant State/Region Governments. Upon receiving recommendations from the aforementioned entities, the Line Mi nistry shall submit the RATA Request Form, recommendation letters and any other documentation deemed relevant to the Ministry of the State Counsellor's Office. The Ministry of the State Counsel lor's Office shall then inform t he Line M inistry of its decision to either grant or decline permission to travel. The Line Min istry shall then inform PIO of that decision wi t h the Ministry of Investment & Foreign Economic Relations in copy. RATA Request Forms should be accompanied by a brief cover letter on a letterhead from the PIO Head Office (or authorized representative) confirming that the PIO employs/contracts the individual{s) requesting travel authorization. 58 When travelling to rest ricted areas, PIO must have a copy of thei r formal trave l authorization with them at all ti mes.
8.5 — Surveys, Data Collection & Similar Analytical Work
8.5. Surveys, Data Collection & Similar Analytical Work The Government of Myanmar recognises the importance of ensu ring reliable and timely data and analysis for development effectiveness and will actively fac ilitate efforts which support such data collection and analysis to ensure informed decision making. All Government Entities will assist PIO and implementing parties receive authorization to collect data when carrying out their activities to enable al l stakeholders to evaluate their interventions and better shape future programming, as well as contributing to policy formu lation. PIO seeking to conduct survey work should ensure that these initiatives are exp ressed clearly in ToR and discussed with relevant Government Entities before commencing survey work. Engagement with the Central Statistica l Organisation and via one or more relevant SCG is likewise encouraged to ensure quality and consistency and to facilitate the integration of find ings into further Government of Myanmar and PIO policy development and research .
8.6 — Privileges, Immunities & Tax Exemptions
8.6. Privileges, Immunities & Tax Exemptions The Ministry of Investment and Foreign Economic Relations, FERD shall serve as the foca l point to assist in the facilitat ion of various privileges, immunities and exemptions. The Government of Myanmar shall provide privileges, immunities and exemptions to eligible PIO consistent with the Vienna Convention on Diplomatic Relations (1961), the Vienna Convention on Consular Relations (1963), the Convention on the Privileges and Imm unities of the United Nations (1946) and in accordance with an established Framework Agreement , MoU or any similar applicable Agreement established between the Government of Myanmar and the PIO.
8.6.1 — Tax Exemptions
8.6.1. Tax Exemptions The Government of Myanmar has entered into a number of Framework Agreements, MoUs and any similar applicable Agreements w ith a range of PIO regarding facilitating t he delivery of development assistance. Such Agreements typically provide a range of exemptions offered to PIO regarding taxation obligations and other legal processes that would otherwise apply under Myanmar law. Tax exemptions offered are anchored in applicable tax Laws. The Ministry of Planning, Finance and Industry provides tax exemptions with the approval of Union Government and Pyidaungsu Hluttaw. UN agencies, funds and programmes shall be exempt from taxes in accordance w ith the Convention on the Privileges and Immunities of the United Nations (1946). 59 Broad-based tax exemptions on project-based development assistance are inconsistent with t he principle that partner countries should be seeking to mobi lize their own resources (including via the collection of taxes) to pay for essential services (SDG Target 17.1). Furthermore, tax exemptions on project-based development assist ance may risk complicating the administration of taxes and increase the risk of fraud and corruption. Therefore, the Government of Myan mar encourages PIO to take clear steps to implement commitments related to Addis Ababa Action Agenda, paragraph 23: "We will also consider not requesting tax exemptions on goods and services delivered as Government-to-Government aid, beginning with renouncing repayments of value-added taxes and import levies. " 8
8.6.2 — Securing Privileges, Immunities & Exemptions
8.6.2. Securing Privileges, Immunities & Exemptions FERD cooperates with relevant Government Entities regarding securi ng the provision of various privileges, immunities and exemptions relating to the provision and implementation development assistance as determined by legislation relating to tax, t hrough Framework Agreements, MoUs and any similar applicable Agreements between the Government of Myanmar and eligible PIO and/or through any other/additional exemptions approved by the M inistry of Planning, Finance and Industry and Cabinet. The DACU will maintain a dialogue with PIO and relevant stakeholders on development assistance related tax matters and participate in consultations during the drafting of relevant legislat ion. 8 Addis Ababa Act ion Agenda, Paragraph 58. 60 9. MONITO ING & EVALUATIO Robust M&E systems can strengthen the effectiveness, transparency and accountabi lity of development assistance. Regarding development assistance, where the DACU determines its necessary, the PAPRD, MDI and FERD may jointly conduct evaluations of on-budget development assistance initiatives in partnership with relevant Government Entities and other relevant entities. The Government of Myanmar shall use the GPEDC Monitoring Survey as a tool for monitoring of the effectiveness of development cooperation at the country-level. At the level of individual initiat ives, M&E strategies and associated budgets should be specified in Grant Design Documents and Concessional Loan Designs. Monitoring should include the regular collection of data on specified indicators and the tracking of the disbursement of funds. The integration of SDG principles and indicators into the identification of project and programmatic indicators, including measures that stakeholders wil l take to ensure that development initiatives remain socially, econom ically, and environmentally sustainable (and thus in line with the SDGs) is encouraged . While evaluation strategies will vary, they should general ly comprise some or all of the fo llowing components: • ex-ante evaluation conducted before the implementation of the init iative to ana lyse the potential costs and benefits, and to assess the value and relevance of the proposed initiative in the context of Myanmar's priorities for development assistance; • mid-term evaluations conducted as part of the implementation cycle used to evaluat e the progress and performance of implementation, and to propose adjustments in the design and implementation where necessary; • fina l eva luations conducted immediately after completion used to assess the end results and in the preparation of final reports; and • impact evaluations conducted at an appropriate t ime within three years fo llowing the completion of an in itiative to assess its efficiency, effectiveness, sustainability and impact against a set of clearly specified and pre-determined targets. The DACU will play a coordinating role in harmonizing M&E standards across implementing Government Entities and PID. MDI may be call ed upon by the DACU t o conduct monitoring and evaluation of selected development assistance in itiatives on behalf of the DACU, in partnership with both PAPRD and FERD. The Government of Myanmar encourages joint monitoring of programmes and projects to promote knowledge sharing, capacity building and transparency. 61 Independent and/or third-party evaluations of initiatives are also encouraged to ensure integrity and robustness of t he evaluation exercise. Evaluations should be transparent and made public wherever possible. Poor performance or failure to achieve desired results shall not be considered a factor when determining whether evaluations shall be made public. All PID are encouraged to maximise th e use of the Mohinga AIMS by uploading relevant documentation, including but not limited to documentation relevant to monitoring and eva Iuation efforts.
9.1 — The OAP Joint Monitoring & Accountability Framework
9.1. The OAP Joint Monitoring & Accountability Framework The DAP Joint Monitoring and Accountability Framework below is intended to provide a set of clear and monitor able indicators that will contribute to the adherence to the guidance set forth within this DAP. These indicators sha ll be updated as needed, by the DAP Working Group. In producing this monitoring framework, the Government of Myanmar has benefited from our participation in the GPEDC Monitoring Survey process and from other country-based result s frameworks. # Priority Area and Indicator Indicator Source Quarterly Reporting on Development Assistance
1.1 — Quarterly Report on Development Assistance subm itted to the Office of the GPEDC Indicator 1
1.1 Quarterly Report on Development Assistance subm itted to the Office of the GPEDC Indicator 1 President submitted by DACU Secretariat. Development assistance is provided in ways which use and strengthen Myanmar country systems. 2.1 % of development assistance where Government Entities enjoy a Myanmar management/oversight role. 2.2 % of aid provided in the form of budget and/or sector budget support. Myanmar Development assistance is provided in a transparent, accountable and predictable manner. 3.1 % of PIO providing 3-year forward budget estimates into the Mohinga AIMS at Myanmar the beginning of the Myanmar Fiscal Year. 3.2 # of SCGs operating within f ully developed, approved and costed sectoral and Myanmar thematic strategies.
3.3 — Proportion of development assistance disbursed in the fiscal year within which GPEDC Indicator Sa
3.3 Proportion of development assistance disbursed in the fiscal year within which GPEDC Indicator Sa it was scheduled by co-operation providers.
3.4 — Proportion of development assistance covered by indicative forwa rd spending GPEDC Indicator Sb
3.4 Proportion of development assistance covered by indicative forwa rd spending GPEDC Indicator Sb plans provided at country level. 3.5 % of development assistance that is fully untied. GPEDC Indicator 10 Aid is provided coherently, and fragmentation is avoided. 4. 1 % of development assistance channeled through multi-donor trust funds and Myanmar similar pooled mechanisms.
4.2 — Average number of sectors a development partner is engaged remains stable or Myanmar
4.2 Average number of sectors a development partner is engaged remains stable or Myanmar decreasing. 4.3 % of development assistance spent in ways that contributes directly to the Myanmar strengthening of private secto r capacity and/or competitiveness. 62
9.2 — The DAP Working Group
9.2. The DAP Working Group This OAP is considered by the Government of Myanmar to be a 'living document' to be reviewed and improved on a regu lar basis. Lessons learned will be used to inform amendments that help to further effective coordination, improve collaboration and st rengthen partnerships that will bring us closer to achieving our common goal: the emergence of a prosperous, peaceful and democratic Myanmar. The OACU will lead a OAP Working Group which shall include a broad range of Government and PIO representatives including, but not limited to, representation from both the INGO Forum and CSO networks. The regular participation, collaboration and feedback from these and ot her stakeholder groups sha ll be essential to ensuring that t he OAP remains both relevant and practical. The OAP Working Group will meet in conjunction with quarterly meetings of the OACU and Partners. The OAP Working Group shall be tasked with jointly monitoring the adherence of all stakeholders to this OAP and identifying specific actions to further improve the effectiveness of development cooperation. When consensus cannot be reached, the OACU shall have the final decision. The OACU shall hold final responsibil ity fo r revising the OAP as required. Government Entities and PIO are jointly responsible for ensuring t hat they operate in conformity to this OAP. When any PIO or Government Entity is found not t o be operating in accordance with this OAP, they will be requested to meet with the OACU to discuss the reasons underpinning this divergence and agree upon a t imely resolution. 63 10. A NEX : DETAILED ST NDARD OPERA ING ROCEDURES This section describes in detail t he various procedures that should be fo llowed by Government Entities and PID with regard to the provisi on of development assistance. These SOP are designed t o provide greater detail at each step throughout t he approval process but should be read in the cont ext of the DAP in its entirety. PID and Government Entities may subm it any documents list ed in t hi s section t o t he DACU via the Minist ry of Foreign Affairs if protocol dictates.
10.1 — Phase 1: Development Cooperation Strategy Approval
10.1. Phase 1: Development Cooperation Strategy Approval Consultations __. DACU Review ~ Economic Committee Review & Endorsement PI D w hich do not require forma l Government of Myanmar endorsement/approval of their Development Cooperation Strategy are asked to maintain an open and regular dialogue with FERD to ensure t hat re levant Government Entities remain are aware of the PID'scurrent and pipeline development assistance. PID may choose t o ma intain a regular dialogue between relevant Myanmar authorities in place of a formal Development Cooperatio n Strategy. In such cases, FERD shall co-lead dialogues pertaining to development assist ance matters toget her with PID.
10.1.1 — Step 1: Consultations
10.1.1. Step 1: Consultations Once a Development Cooperation St rat egy has been drafted by the PID, the PID shall request FERD to coordinate the circulation of t he Development Cooperation St rategy and the collection of in puts from relevant Govern ment Entities. Once FERD has collected and consolidat ed inputs from relevant Government Entities, FER D shall provide t hose inputs to the PID for integration into a subsequent ve rsion. If required, FERD may arra nge multi-stakeholder meeti ngs to jo intly determ ine how/whet her such inputs should be integrated into a su bseq uent version. FERD shall lead the facilitation of any subsequent rou nds of dialogue until a final draft Development Cooperation Strategy is ready for submission to the DACU. All PID are enco uraged t o maintain an o pen dialogue via SCGs throughout the Development Cooperation Strategy draft ing process to reduce the risk of duplication and overlap, to fac ilitate a more effect ive division of labou r and to improve t he efficient al location of development assistance overall.
10.1.2 — Step 2: DACU Review
10.1.2. Step 2: DACU Review Once ready, PID shall submit the revised Develo pment Cooperatio n Strategy t o FERD who shal l pass it to the DACU for review. 64 The DACU shall review the Development Cooperation Strategy at its earliest convenience, draft an advisory opinion, and submit both documents to the Economic Committee for its fina l review and endorsement.
10.1.3 — Step 3: Economic Committee Review & Endorsement
10.1.3. Step 3: Economic Committee Review & Endorsement Upon receipt of the Development Cooperation Strategy and DACU advisory opinion, the Economic Committee may: • authorise one or more Government of Myanmar representatives to sign or otherwise formally endorse the Development Cooperation Strategy; or • seek additional information from t he DACU and/or PIO before considering formal endorsement.
10.2 — Phase 2: Project/Programme Concept Approval
10.2. Phase 2: Project/Programme Concept Approval Concept Proposal Concept Proposal Identifying Lead Issuing a Letter of ~ Development & f--+ Form Subm ission ---+ Government Entity Intent Consultation & DACU Review PIO and Government Entities may move directly to Phase 3 if: • a proposed project/programme has already been included within the Project Bank; and/or • where PIO and the Government of Myanmar have jointly identified an explicit pipeline of projects/programmes by way of a Development Cooperation Strategy, and where this Development Cooperation Strategy has received Economic Committee endorsement.
10.2.1 — Step 1: Identifying a Lead Government Entity
10.2.1. Step 1: Identifying a Lead Government Entity PIO and Government Entities may discuss and propose new grant and concessional loan financed projects/programmes for consideration by the other party at any time without the need for prior authorisation from the DACU or any other Government Entity. Where PIO and Government Entities jointly agree that a proposed project/programme may have merit, a Lead Government Entity shall be jointly agreed upon. Box 12: Lead Government Entities Lead Government Entities - Grants Where a proposed grant financed project/programme involves a partnership with only one Government Entity, that Government Entity shall be considered the Lead Government Entity and sha ll assume a lead coordinatin role. Where a proposed grant financed project/programme involves partnerships with multiple Governmen Entities, PID and those Government Entities shall jointly identify a Lead Government Entity (typical ly the Government Entity receiving, benefitting from, or responsible for the largest share of the financing) which shall assume a lead coordinating role. For grant financed projects/programmes which cover multiple sectors and/o where a Lead Government Entity is not readily forthcoming, FERD of the Ministry of Investment and Foreign Economic Relations will assume the Lead Government Entity role. 65 Lead Government Entities - Concessional Loans Where a proposed concessional loan involves a single Concessional Loan Executing Authority, that Executing Authority shall be considered t he Lead Govern ment Entity. Where a proposed concessional loan involves multiple Concessional Loan Executing Authorities, those Executing Authorities shall jointly identify a Lead Government Entity (typically the Government Entity responsible for executing the largest share of t he concessional loan) which shall assume the Lead Government Entity role. For concessional loan financed projects/programmes w hich cover multiple sectors and/or where a Lead Government Entity is not readily forthcoming, the Ministry of Planning, Finance and Industry shall determine and/or assume the Lead Government Entity role. Government Entit ies should not fee l obliged to accept al l offers of assistance.
10.2.2 — Step 2: Concept Proposal Development & Consultation
10.2.2. Step 2: Concept Proposal Development & Consultation Having identified a Lead Government Ent ity, the Lead Government Entity shall lead a preliminary consultation to determine the appropriateness of the proposed project/p rogramme. In the case of concessional loan financing, th is preliminary consultation shall take into consideration both prevailing and fu t ure potential market condit ions which may impact upon repayment obligations. Consultations shall also be used to ensure that the project/programme is aligned with t he MSDP and DAP, aligned with relevant Sectoral, Ministeria l, Sub-National an d other Development Plans and Strategies, consistent with and complementary to other ongoing and planned initiatives, and to prevent fragmenta t ion and uncoordinated overlap in the delivery of development assistance. PID and the Lead Government Entity shall joint ly determine w hich Coordination Bodies and other sta keholders are to be engaged during t his stage. In the case of concessional loan financ ing, t his stage shall also be used to determine which (if any) studies or more detailed assessments are required prior to initiating the concessiona l loan request. As a result of t his stage, the Lead Government Entity shall have gathered sufficient information to complete all applicable sections of the Concept Proposal Form to ensure timely cons ideration by t he DACU. The Government of Myanma r encourages Lead Government Entities to clearly describe t he proposed use of any vehicles and t echnical assistance within the Conce pt Proposal Form . If requested, FERD may assist Lead Government Entities during th is phase.
10.2.3 — Step 3: Concept Proposal Form Submission & DACU Review
10.2.3. Step 3: Concept Proposal Form Submission & DACU Review When ready, the Lead Government Entity shall submit a completed Concept Proposa l Fo rm and ot her relevan t document ation via FERD for the DACU's review. Fol lowing t he DACU's review, the DACU may: • issue a written endorsement letter thus permitting the Lead Government Ent ity to move t o Phase 3; 66 • request instruction from the Economic Committee if necessary; or • seek clarity from either the Lead Government Entity or PID before determining the appropriate course of action. The DACU may use this opportunity to convene a meeting with relevant Government Entities and PID to review the proposed project/programme in further detail to determine whether there is a sufficiently strong basis upon which to proceed, and whether the project/programme shall be eligible for inclusion within the Project Bank. PID and Lead Government Entities may request DACU assistance in fast-tracking consideration in situations where there is a clear time sensitive or strategic imperative to do so.
10.2.4 — Step 4: Issuing a Letter of Intent
10.2.4. Step 4: Issuing a Letter of Intent Having received an endorsement from either the DACU or Economic Committee: • for grant financed projects/programmes, where a Letter of Intent (or simi lar) is required, the Lead Government Entity may issue such a letter w ithout requiring any further authorization from the DACU or any other Government Entity; • for concessional loan financed projects/programmes, where a Letter of Intent (or simi lar) is required, the Ministry of Investment and Foreign Economic Relations may issue such a letter without requiring any furt her authorization from the DACU or any other Government Entity. The DACU may authorise PID and Lead Government Entities/CLPT to commence project/ programme/concessional loan preparation pending the issuance of a Letter of Intent. 67
10.3 — Phase 3: Project/Programme Approval
10.3. Phase 3: Project/Programme Approval Project/ Programme Approval (Grant) DACU Economic Concluding Full-Scale Preparation i----. Review -. Committee --+ Dialogue & f----+ Reporting to FERD Approval* Agreement Signing *Projects/programmes exceeding MMK 2B Project/ Programme Approval {Loans) Concessional Full-Scale Loan ~ DACU Cabinet Hluttaw ~ --+ --+ Preparation Preparation Review Approval Approval Legal Opinion and Concluding l Reporting to ~ Concessional ~ Dia logue & FERD Agreement Signing Loan
10.3.1 — Step 1: Full-Scale Preparation
10.3.1. Step 1: Full-Scale Preparation Having received an endorsement from either the DACU or Econom ic Committee, or where the project/programme has been included within the Project Bank, the Lead Government Entity may proceed with f ull-scale project/programme preparation. This often involving more in-depth consultations, coordination, and/or preparation of st udies and other ana lyt ical material. For grant financed projects/programmes, Government Entities and PIO shall be free to determine how best to proceed with ful l-scale preparation w ithout requiring any further authorization from the DACU or any other Government Entit y. Concessional loan financed projects/programmes shal l move to Step 2. Grant financed project s/programmes may move directly t o Step 3.
10.3.2 — Step 2: Concessional Loan Preparation
10.3.2. Step 2: Concessional Loan Preparation The DACU shall convene a Concessional Loan Preparation Team {CLPT) including negotiation to rule and regulation and CLPT shal l include the following: • the DACU (Treasury Department Co-Lead); • all Government Executing Authorities {Co-Lead) • relevant Government entities; and • relevant PIO. 68 CLPT members shall engage fully as representatives of t heir respective institutions. No written comments/opinions from any additional Government Entity shal l be required during this phase. CLPT members shall remai n open to written submissions provided by or on behalf of st akeholder groups and/or affected parties. The CLPT shall work with the Attorney General's Office to ensure t hat the concessional loan is not in violation of any Myanmar law, rules, procedures, notifications orders and directives. Representatives of the Hluttaw Joint Public Accounts Committee may be invited if necessary, to observe CLPT meetings at the discretion of t he CLPT Co-Leads. Where required, the Ministry of Natura l Resources and Environmental Conservation - Environmental Conservation Department shall be responsible for ensuring that appropriate environmental and social safeguards have been fully considered, and for ensuring compliance with relevant laws and rules. Un less agreed during Concessional Loan Preparation, grants rather than concessional loans shall be used for: • technical assistance componen ts; and • feasibility studies or other pre-invest ment analysis. These conditions may be waived where CLPT Co-Leads and PID reach agreement. If it has been jointly agreed by CLPT Co-Leads and PI D that technical assistance may fo rm a component of the proposed concessional loan, any limits/thresholds on the use of techn ical assistance shall be determined on a case-by-case basis during concessional preparat ion, with those li mits/thresholds to be jointly determined upon the basis of need.
10.3.3 — Step 3: DACU Review
10.3.3. Step 3: DACU Review By now, the Lead Government Entity shall have gathered sufficient information to prepare the following documents (or documents comparable in nature): • a draft Project/Programme/Concessiona l Loan Design; • a draft Financing Plan; • an Indicative Procurement Plan; and • a draft Agreement/Mou. No Government Entities other than those with a direct relevance to the proj ect/program me being considered shall be required to provide comments on any document noted in Step 3. Where a Lead Government Entity does require official written comments on documents noted in Step 3, those Government Entities shall endeavour to provide comments w ithin 14 working days from the date of receipt. The Lead Government Entity shall exercise discretion regarding which comments to accept whi le giving due consideration to all comments received. 69 The Government of Myanmar encourages Lead Government Entities to clearly describe the proposed use of any vehicles and technical assistance with in relevant documentation noted in Step 3. The Lead Government Ent ity shall ensure the quality of all documents before submission to the DACU and Econom ic Committee for consideration. When ready, the Lead Government Entity sha ll submit all documents to the DACU via FERD for review. Having reviewed all documents noted in Step 3 t he DACU may: • authorise t he Lead Government Entity to proceed to signing in cases where grant financ ing is less than 2B MMK (proceed to Step 8); • request the Economic Committee to authorise the Lead Government Entity to proceed to signing where grant f inancing exceeds 2B MMK (proceed to Step 8); • seek Economic Committee endorsement to proceed with concession loan approval procedures (proceed to Step 4); or • seek clarity from either the Lead Government Entity o r PIO before determining the appropriate course of action . Once the project/programme has been authorised to proceed by either the DACU or Economic Committee, the PIO shall enter the project/programme into the Moh inga AIMS and inform FERD of the Activity ID.
10.3.4 — Step 4: Cabinet Approval
10.3.4. Step 4: Cabinet Approval All proposed concessional loans require Economic Committee approval prior to submission to the Cabinet. Following Economic Committee receipt and approval, the Economic Committee Secretariat shall prepare a Concessional Loan Request Package for signature and submission by the Ministry of Planning, Finance and Industry to the Cabinet. The Concessional Loan Request Package shall include: • all relevant documents noted in Step 3; and • a cover letter signed by t he Ministry of Planning, Finance and Industry addressed to the Cabinet Office requesting Cabinet support for onward submission to the Office of the President. The Economic Committee Secretariat shall ensure that all documentation required is contained within the Concessional Loan Request Package prior to submission to the Cabinet Office for approval. 70 Following Cabinet Office approval, the Treasury Department of the Ministry of Pla nning, Finance and Industry shall submit the Concessional Loan Request Package to the Office of the President fo r onward submission to the Hluttaw.
10.3.5 — Step 5: Hluttaw Approval
10.3.5. Step 5: Hluttaw Approval The Pyidaungsu Hluttaw shall consider the concessional loan proposal and inform the Office of the President in writing of its decision.
10.3.6 — Step 6: Concluding Dialogue & Agreement Signing
10.3.6. Step 6: Concluding Dialogue & Agreement Signing Once approved by the Pyidaungsu Hlutt aw, the CLPT Co-Leads shall convene the CLPT with t he express purpose of finalising a Concessional Loan Agreement and any other subsidiary documentation. Box 13. Attorney General's Office Review of t he Final Concessional Loan Agreement The Attorney General's Office shall remain actively engaged in final concessional loan negotiations to ensure that the fina l Concessional Loan Agreement is not in violation of Myanmar laws, rules, procedures, notifications, orders and directives. If the Attorney General's Office determines that the final Concessional Loan Agreement may be in violation of any Myanmar laws, rules, procedures, notifications, orders and directives, the Attorney General's Office shall identify the specific violations and provide clear guidance on how the CLPT may render the Concessional Loan Agreement compliant in that regard. The CLPT Co-Leads shall then lead negotiations to arrive at a fina l agreeable text in a timely manner.
10.3.7 — Step 7: Legal Opinion and Concessional Loan Effectiveness
10.3.7. Step 7: Legal Opinion and Concessional Loan Effectiveness Bids may be advert ised prior to Hluttaw approva l however no awa rds may be made until t he concessional loan becomes effect ive. Once a Concessional Loan Agreement has been agreed amongst the CLPT, PIO and relevant Government Ent ities may co-sign any Minutes or Record of Discussion with respect to negotiations for onward submission to the Ministry of Planning, Finance and Industry together with the final Concessional Loan Agreement. The Ministry of Planning, Finance and Industry shall be the sole signing authority for all Concessional Loan Agreements. Authorization for signing Concessional Loan Agreements shall not req uire any further authorization from the Economic Committee, the Cabinet or any other Government Entity. Once the Concessional Loan Agreement is signed by all relevant pa rti es, it is considered to be effective. The Mi nistry of Planning, Finance and Industry shall maintain high-level oversight of all concessional loans, including those executed by sub-national Government Entities. All Government Executing Aut horities sha ll remain responsible for concessional loan execution and fo r project/programme management and quality. 71 After signing the Concessional Loan Agreement, duly authorised individuals within the Lead Government Entity or any other authorised Government Entity shall have t he authority to approve and sign relevant and subsidiary documentation.
10.3.8 — Step 8: Reporting to FERD
10.3.8. Step 8: Reporting to FERD Within two weeks of a Grant Agreement/Mou or Concessional Loan Agreement being signed, the Lead Government Entity shall submit to FERD for its records a copy of that Agreement/Mou and any other relevant documentation.
10.4 — Ensuring Document Submission Quality
10.4. Ensuring Document Submission Quality
10.4.1 — Government Entity Review & Consultation
10.4.1. Government Entity Review & Consultation In cases where a Government Entity believes any documentation submitted by a PID to contain spelling and/or grammatical errors, or where any part of the document is unclear, the Government Entity shall, within 5 working days, directly inform the PID where further clarity is required and request the PID to re-submit. Upon re-submission, if the Government Entity finds that further clarity is required, t he Government Entity shall seek a meeting with the PID to joint ly review documentation, agree upon edits required and make those edits within 5 wo rking days.
10.4.2 — DACU Document Review Committee
10.4.2. DACU Document Review Committee If, despite the best efforts of the Government Entity, documentation provided by PID remains unclear, or sti ll contains English language spelling and/or grammatica l errors, the Government Entity shall submit the case to the DACU for onward su bmission to the DACU's Document Review Committee (DRC) for edit ing and revisions. The DACU' s DRC w ill provide a soft copy of its revisions in 'track changes' to the submitting Government Entity within 10 working days.
10.5 — Vehicle & Other Asset Transfers
10.5. Vehicle & Other Asset Transfers
10.5.1 — Informing CESID
10.5.1. Informing CESID Upon signing of any Grant Agreement/Mou or Concessional Loan Agreement, the Lead Government Entity shall ensure the CESID is: • provided w ith a copy of all documentation relevant to the import and/or procurement/ transfer of assets (vehicle assets in particular) to Government of Myanmar ownership; and • made aware of any changes to the above in a t imely manner.
10.5.2 — Quarterly and End of Project/Programme Vehicle/Asset Transfer
10.5.2. Quarterly and End of Project/Programme Vehicle/Asset Transfer Report All Government Entities shall provide a Quarterly and End of Project/Programme Vehicle/Asset Transfer Report to CESID, the Office of the President and t he DACU which shall include: 72 • the number of Project Use and Office Use Vehicles current ly in use by that Government Ent ity; • the tota l number of vehicles transferred to Govern ment Entity ownersh ip in the past quarter; and • the t ota l number of vehicles anticipat ed to be tra nsferred to Government Entity ownersh ip in the coming quarter. Reports shoul d be disaggregated by plate ID, Department (or equivalent), PID fi nancing partner, project designation and vehicle type.
10.6 — Extensions/Renewals/Amendments & Additional Financing
10.6. Extensions/Renewals/Amendments & Additional Financing The Government of Myanmar encourages extensions to projects/programmes which are able t o demonstrate a clear, long-lasting, sustainable positive impact on the lives of Myanmar's people. Where extensions/renewals/amendments and add itional financ ing are anticipated, PID and Government Entities are encouraged to initiate the approval process 6-months prior to the conclusion of a project/programme. Where extensions are requested due to delays in implement ation and/or disbursement, Government Entities or PID may request the DACU to first convene a dialogue on how to resolve such issues prior to req uesting extensions/renewals/amendments/addit ional financing.
10.6.1 — Grant Agreement/ MoU Extensions & Additional Grant Financing
10.6.1. Grant Agreement/ MoU Extensions & Additional Grant Financing DACU endorsement is required before extensions o r additional fi nancing for grant financed initiatives can be approved. To seek DACU endorsement, the Lead Government Entity sha ll submit the following documents (or documents comparable in nat ure) to t he DACU: • an interna l assessment of the relevance, impact, effect iveness and sustainability of the initiative; • a revised Grant Project Design Document (where applicable); • a revised Indicative Procurement Plan (where applicab le); and • a revised Financing Plan (where applicable); and • a revised Grant Agreement/Mou (where applicab le). Government Ent ities and PID shall be free to determine how best to proceed wit h prepa ration of these documents without requiring f urther aut horization from t he DACU or any other Government Entity. The DACU sha ll review documents submitted and may : • aut horise the Lead Government Entity to accept an extension to a grant f inanced initiative or additional grant fi nancing; 73 • seek clarity from either the Lead Government Entity and/or PID before determining the appropriate course of action. Within two weeks of any approval of any extension or additional financ ing to grant financed project/programme, the Lead Government Entity shall submit to FERD for its records all relevant documentation.
10.6.2 — Changes to Concessional Loan Agreements
10.6.2. Changes to Concessional Loan Agreements Where a change to a Concessional Loan Agreement is proposed by either a Government Ent ity or PID, the CLPT Co-Leads shall convent a meeting of the CLPT to review t he proposal in detail and seek agreement from all members. Substantive changes to Concessional Loans Terms and Conditions may require Economic Committee review and possible re-submission to the Hluttaw. In such cases, the CLPT Lead sha ll submit any proposed changes to the DACU for the DACU's review in accordance with Section 10.3.2. Changes t o concessional loan project/programme design and other changes of a non-financial nature, after being reviewed by the CLPT, may be approved by the Ministry of Planning, Finance and Industry without requiring any further authorization from the DACU or any other Government Entity.
10.7 — Cancellation of Development Assistance Funded Initiatives
10.7. Cancellation of Development Assistance Funded Initiatives Where development assistance funded initiatives agreed between the Government of Myanmar and PID are suspected by any side to be failing to achieve their intended results, or otherwise thought to be contributing to potential negative outcomes that may outweigh potential benefits, the Government of Myanmar will work together with the PID to rectify the situation as a matter of principle and priority. Government Entities are encouraged to address such issues openly and frankly directly with PID in the first instance. If a resolution cannot be achieved, either Government Entities or PID may enlist the support of the DACU, either individually or jointly, to identify a viable way forward. If a way forward that is acceptable to all parties cannot be found, the DACU may recommend that the Economic Committee cancel or suspend a single activity, or an entire project or programme in accordance with any terms and conditions listed within relevant Grant Agreements/Mou, Loan Agreements, MoUs or similar Agreements. Development assistance funded initiatives may be cancelled for other reasons unrelated to project/programme performance. In such cases, cancellations shall occur in accordance with relevant Grant Agreements/Mou, Loan Agreements, MoUs or similar Agreements. 74
10.8 — Reporting Procedures
10.8. Reporting Procedures
10.8.1 — PIO Reporting
10.8.1. PIO Reporting All PID are required to ensure their project information within the Moh inga AIMS is updated on a quarterly basis. Further guidance on Mohinga AIMS reporting can be found at www.mohinga.info. With anticipated PID support, the Government of Myanmar will continue to upgrade the Mohinga AIMS to meet the needs of all stakeholders. Further than t his, Government Entities shall be free to determine their specific reporting needs in consultation with PID and in accordance to MoUs and any simila r applicable Agreements established between GoM and PID. In doi ng so, the DACU encourages adherence to the efficiency Partnership Principle described in Box 1.
10.8.2 — Reporting Organizational Structures
10.8.2. Reporting Organizational Structures All PID shall ensure that FERD is provided with an up-to-date organ isationa l structure together with a consolidated list of international and local staff (permanent and temporary) in Myanmar, including consultants and Embedded Technical Assista nce, on a six-monthly basis.
10.8.3 — Reporting to the Hluttaw
10.8.3. Reporting to the Hluttaw The Ministry of Planning, Fin ance and Industry shall ensure that the Hluttaw is updated annually on development assistance provided to Myanmar. In doing so, the Union Ministry of Planning, Finance and Industry, as part of t he annual Union Budget preparation cycle, shall submit a report to the Hluttaw setting out development assistance commitments, disbursements and a brief overview of results achieved.
10.8.4 — Audit Reports
10.8.4. Audit Reports The DACU shall be provided with a copy of all audit reports of any development assistance financed initiative issued by the Office of the Auditor General no more than two months after completion.
10.8.5 — Reports, Studies, Analysis & Evaluations
10.8.5. Reports, Studies, Analysis & Evaluations The FERD shall be provided with a soft copy of all reports, studies, analysis and evaluations published by PID immediately followi ng their publication.
10.9 — Vehicle Importation Guidelines
10.9. Vehicle Importation Guidelines
10.9.1 — Vehicle Imports for Project Use
10.9.1. Vehicle Imports for Project Use The DACU sha ll ensure approvals for vehicles imported for project use are granted in accordance with Procurement Plans and in accordance with relevant Grant Agreements/Mou, Loan Agreements or sim ilar Agreements established between GoM and PID. Facilitation of vehicle imports may be the respon si bility of the Lead Government Entity or the Government Entity who is expected to receive the vehicle. 75
10.9.2 — Vehicle Imports for Non-Project Use
10.9.2. Vehicle Imports for Non-Project Use Vehicles imported for non-project use i.e. for use by PI O staff shall be imported in accordance with relevant Grant Agreements/Mou, Loan Agreements, MoUs or similar Agreements established between GoM and PIO. FERD shall serve as the focal point to assist in the facilitation of such imports.
10.9.3 — Development Assistance Financed Vehicle Procurement
10.9.3. Development Assistance Financed Vehicle Procurement Government Entities may requ est the DACU to review t he procurement of ve hicles financed by development assistance. Based upon a review of relevant vehicle procurement policy documents across Government Entities internationally, it is recommended that t he following three criteria are considered by Government Entities when evaluating vehicle purchase requests: • Purpose of the Purchase • Fitness for Purpose • Cost Effect iveness Purpose of the Purchase A basic needs assessment should be provided as a way of justifying how essential the veh icle purchase is t o the successful operation of the project/programme. First, the Government Entity shou ld seek to maximise the use of t heir exist ing fl eet whenever possible. For example, the Government Entity may be able to allocate existing vehicles from thei r fl eet to t he new project/programme or explore alternative modes of transport including carpooling or teleconferencing.9 As a result of this needs assessment, the Government Entity should determine if the purchase of vehicles is necessary to meet t he operationaI requirements of the project/programme. Fitness for Purpose The principle of fi t for purpose posits that t he selected vehicle (type, size) should best fit t he operational needs or purpose of the project/programme. In considering the fitness, the fol lowing factors should be considered: • Geographical Fitness of the Vehicle: Selection should consider the t errain in which the vehicle w ill be operating. • Operational Fitness: Selection should consider the specific nature of the operational tasks for t he vehicle and the driver. • Safety Requirements: Selection should also consider the specifications for vehicle safety to minimise risks to vehicles and d rivers. 9 Internationally, the government agencies ohen consider the use of intra-ministerial or inter-ministerial pooling of government vehicles for new projects whenever it is practical and efficient. 76 Cost Effectiveness With the selection of vehicles that are fit for purpose and wh ich f it operationa l needs, the Government Entity should propose the least cost option available in the market with the fol lowi ng additional factors in mind: • Fuel Efficiency: It is important to pay attention t o achieving the optim um gas mileage of the vehicle so that fuel and emission efficient vehicles (that meet the operat iona l needs) are prioritised during selection. • Maintenance Costs: Some more affordable vehicles have very high maint enance costs. Variability in maintenance costs, given Myanmar's context, shou ld be considered as a factor. • Fleet Commona lity: Depending on operational needs and feasibility in a given project/programme, selection of new vehicles should be based on their commonality of make/model with the exist ing fleet so as to lower operational and maintenance costs. At the completion of the project/programme, t he vehicle should be returned promptly to either an intra-ministerial or inter-ministerial pool of vehicles t o ensure the readiness of the vehicle for deployment for future operations and projects/programmes. Information Required for Submission The submission of Vehicle Procu rement Requests should include, at min imum : • Detailed information on the purpose the purchase • Description of operational requirements • Demonstration that the principles noted above have been considered, includi ng a justification of vehicle make and model, type and number • Post-Use Disposal/Transfer Plan 77 11.ANNEX B: GUIDELINES & TEMPLA ES
11.1 — Restricted Area Travel Authorization Request Form 10
11.1. Restricted Area Travel Authorization Request Form 10 This form is to be submitted to Line Ministries at least 10 working days in advance of travel. On ly complete submissions will be considered. Partner in Development Name: Deta iled reasoning for travel to Restricted Area(s): Main M inistry Counterpart(s): Main State and/or Region Government Counterpart(s): Are any of the anticipated act ivities (e.g. projects to be visited) during travel associated with any other Government Entities? If so, please provide details: Non-Myanmar Citizen Travel Participants: Position/Job Passport#/ Name Date of Birth Date of Issue Date of Expiry Nationality Title NRC 11 Travel lt inerary: Arriva l Departure Anticipated Transport Night Stop Township State/Region Date/Time Date/Time Activities/Meetings Details Arrangements Please ensure the following are included as attachments before submission: 10 Subject to continued review and updating as required. 11 Please only include detail s for t ravel to and from restricted areas. 78
11.2 — Guidelines for Effective Philanthropic Engagement
11.2. Guidelines for Effective Philanthropic Engagement Dialogue Foundations engaging in partnerships or collaboration to create scale and impact in development, (hereafter "we") acknowledge the importance of multi-level dialogue and coordination between foundations, governments, and othe r development stakeholders to strategize our work more purposefully within the context of global, national, and regional efforts already underway. We recognize the value of inclusive and systemic dialogue between foundations, governments and other development stakeholders. This may entail participation in policy-setting processes, development of frameworks, community dialogues, public-private partnerships, or other approaches that carefully assess and engage the public, private, and civil society interests affected by an int ervention. This also entails creating or improving spaces for innovation, and listening to, involving and empowering local actors, in recogn it ion of the vital role they play in addressing development challenges. We seek to complement and accelerate development efforts by focus ing on where the comparative advantages of ph ilanthropy- such as risk tolerance and responsiveness- are best targeted. Data/Knowledge Sha ring We acknowledge the importance of using timely and accurate data to support better decision- making in our own operations as well as the value that we derive from understanding our respective intentions and learning from successes and failures. We will share our knowledge and experience across sectors in an effo rt to improve effective engagement among different types of organisations working to improve development outcomes. This also includes making data available for statistical collection purposes by national and global bodies to enhance data comparability, complement arity and capacity to improve research and analysis. We acknowledge that in some political contexts sharing data about ou r grantees may not be pract ical or wise and we will be sensitive to local contexts. We will also share data with new, emerging philanthropic actors interested in development. We aim to amplify the effectiveness of our efforts by working together more closely with other foundations, governments, and development actors on a broad ra nge of data and knowledge sha ring. This could include the sharing of data on spending and inputs as well as ot her types of knowledge such as due diligence assessments, impact eva luations, problem ana lysis and context- specific evidence. Partnering We acknowledge that phi lanthropic collaboration happens at different levels (specifi c local projects, multi-year programmes, policy, advocacy) and t hrough different approaches (building the capacity of local partners, funding pilots, bringing initiatives with demonstrated impact to scale, supporting resea rch, convening etc.) and that all these levels and approaches offer vast potential for increasing impact and supporting innovation through more effect ive partnering. 79 We seek to enhance our collective engagement in these different dimensions using the variety of tools at our disposal, including grants, programme-related investments, training and convening in support of profit and non-for-profit initiatives. This also entails listening to and empowe ring local partners and contributing to developing a more conducive enabling environment for philanthropy in which our local partners ca n thrive and operat e more effectively. We aim t o initiate and consolidate partnerships across sectors that enhance synergies and leverage th e distinct comparative advantages of each partner (philanthropic, government and other development actors) towards advancing a shared vision for a more inclusive, and sustainable world . 80
11.3 — Guidelines for Preparation of Costed Sector Plans12
11.3. Guidelines for Preparation of Costed Sector Plans12 Sector Plans are typically used by Government Ent ities to define a particular approach to achieving results in a specific sector or focus/t hematic area. Sector Plans typically include clear objectives and results indicators (i.e. output, outcome, and/or impact) in addition to targets used to measure progress toward achieving stated objectives with an accompanying timeframe. A costed Sector Plan aims to cover these following modules: • Vision of the Sector • Focus Areas or Strategic Priorities of the Sector • Identification of Programs and Targets Within Focus Areas • Institutional Arrangement or Implementation Strategy • Costing and Financing • Monitoring and Evaluation Framework Note: All the examples provided here are merely for demonstration purposes. Vision of t he Sector This section will address the overall goal or overarching aspiration of the sector. Example: Social Protection : To protect and promote the rights, freedoms and capabilities of t he vulnerable groups for sust ainable and inclusive development. Focus Areas or Strategic Priorities of the Sector The SCGs should clearly determine or define focus areas or strategic priorities in t he Sector Plan based on the situation analysis of the sector. The situation analysis should involve review and analysis of existing data from various sources to evaluate the current status of the sector to understand the needs and gaps within. Example: The situation analysis shows significantly low rates of adult functional literacy in certain vulnerable groups. Focus Area: Adult functional literacy amongst vu lnerable groups. After the determination of strategic priority areas, this section should present the rationale for selecting a specific area as a priority amongst other potential areas (The rationale could be framed in terms of the gravity of the problem, t he magnitude of impact, socia l, cultural and economic significance, relevance to national economic policies and nationa l strategic interests) ... etc. Identification of Specific Programs and Targets Within a Given Focus Area 12 Subject to continued review and updating as required . 81 The goal of th is section is to generate programmat ic and project activities within each priority area . As such, specific programmatic outputs and targets need to be defined. If our main objective in this priority area is to improve adult functional literacy rate, the plan needs to identify specific programs or projects under this focus area. Example: Specifi c Outputs or Programs: Establishment of adult learning cent res for vulnerable populations. Establishment of volunteer programs for the adult literacy for vulnerable populations Target s: To improve the rat e of adult funct ional literacy rate for selected vulnerable popu lations by 25% with in the next three or five years. Institutiona l Arrangement or Implementation Strat egy This module provides the descriptions of institutional mechanisms to implement each programme or project activity, which encompasses t he designation of the lead agency/agencies and division of labour between each Government Entity, PIO, INGOs and CSOs. The action matrix should be included with t he fol lowing components: Objective Indicat ors Means of Responsib le Target Activities/Programs or Targets Verification Authorities (Date/ri mefra me) Programs for adult Improve the rate of M&E report Ministry of 2020 learning adult functional Education, Ministry literacy rate by 25% of Labor ...etc. Costi ng and Financing After identifying specific programs and targets under each strategic priority area for the next three or five years, a costing methodology should be developed to acquire cost estimates for the implementation of the entire Sector Plan with a given t ime frame. The costing exercise requires detailed descriptions of act ivities or projects so as to identify the type of in puts or resources required to implement each activity. • Unit-Cost approach is the most preferred method. For t his approach, each project should be sub-divided int o components or subcomponents and inputs required for each target are given realistic cost estimates. • If a similar programme is already in existence, the cost estimates from the existing programme can be used to revise or derive the cost estimates of t he new program me either in a proportionate manner (using proper adjustments given the re quired increase in inputs) or using a rule of thumb to get a real istic estimate of the proposed program. This costing exercise should provide a good estimate of the comprehensive cost in implementing the Sector Plan. The second step is to develop a financing or resource mobilisation strategy for the sector. This step includes making a systematic projection of domest ic resou rces availab le for the sector in 82 the next three to five years. Normally, a macro-economic model is used to estimate t he avai lability of public expend iture for the sector in a given t ime frame. Funding gaps are then calculated by reviewing the differences between the project costs and t he avai lability of different sources of funding between public finance, ODA, private sector...etc. A review of potential fu nd ing by PIO should be undertaken at this stage. Additional sources of financing, if needed, should be sought using t he costed Sector Plan as a device for resource mobilisation. This exercise normally requires extensive consu ltation with mu lt iple stakeholders including relevant Government Entities, PIO, private sector representatives, NGOS an d INGOs. Monitoring and Evaluation Framework M&E strategies and associated budgets should be clearly specified in the costed sectora l plans. Monitoring should include the regular collection of dat a on specified indicators and t he tracking of the disbursement of funds. The integration of SDG indicators into project and programmatic indicators are encouraged. Wh ile evaluation strategies will vary, they should generally comprise some or all of t he followi ng component s: • Ex-ante evaluation conducted prior to the implementation of t he initiative to analyse the potential costs and benefits, and to assess the value and relevance of t he proposed initiative in the context of Myanmar's priorities fo r development assistance. • M id-term evaluations conducted as part of the implementation cycle used to evaluate the progress and performance of implementation, and to propose adjustments in t he design and implementation where necessary • Final evaluations conducted immediately after completion used to assess the end resu lts and in the preparat ion of final reports. • Impact eval uations conducted at an appropriat e t ime within three years following t he completion of an init iative to assess its efficiency, effectiveness, sustainability and impact against a set of clearly specified targets. 83
11.4 — Standard MoU Template
11.4. Standard MoU Template This standard MoU template is intended to enable more efficient assessment and approval. However, this standard MoU template has also been developed as a basis for dialogue and negotiation and thus shall remain amenable to modification via consultation and with mutual agreement between the Parties. MEMORANDUM OF UNDERSTANDING BETWEEN DEPARTMENT,MINISTRY, THE REPUBLIC OF THE UNION OF MYANMAR AND PARTNER NAME PREAMBLE This Memorandum of Understanding (MoU) is signed between the Full Department Name of the Full Ministry Name of the Republic of the Union of Myanmar (hereinafter referred to as the "Department Short Name/Acronym-Ministry Acronym" or "Government Signing Authority") and Full Partner Name (hereinafter referred to as the "Partner Acronym" or "Partner Signing Authority") for the implementation of development assistance financed activities (hereinafter referred to as "The Activity"). Department Short Name/ Acronym-Ministry Acronym and Partner Acronym are hereinafter collectively referred to as the Parties and individually as a Party. Partner Acronym is a Partner Organisation Type headquartered in City, Country, with country offices in Location(s). Esta blished in Date of Establishment, Partner Acronym implements description of activities implemented outside Myanmar (if any) .... Partner Acronym commenced operations in Myanmar in Year and implements description of activities implemented in Myanmar.... With the signing of this MoU, on the basis of mutual trust and respect and in a spirit of cooperation, The Parties desire to work together to conduct certain activities in support of the Republic of the Union of Myanmar in the field of brief, high-level description of how proposed activities will support Myanmar's development.... 84 The Activity funds are expected to approximate proposed US$ numerical value(proposed US$ value written long-form US dollars only). A detailed description of The Activity, including a timeline, detailed budget and description can be found in Annex. These Annex are considered to be an integral part of this MoU. Article 1 Applicability This MoU shall be considered subsidiary to reference applicable higher-level Mo Us/Agreements and shall apply to this MoU accordingly. In the case of any dispute, the reference applicable higher-level MoUs/Agreements shall take precedence. Article 2 Responsibilities of Government Signing Authority
2.1 — Department Short Name/Acronym-Ministry Acronym shall provide the following
2.1 Department Short Name/Acronym-Ministry Acronym shall provide the following: a) Assist Partner Acronym in order to seek various approvals and clearances, once deemed to be in accordance with the existing laws, rules and regulations of the Republic of the Union of Myanmar; b) Assist in the smooth implementation ofThe Activity: c) Fully engage in the supervision, monitoring and evaluation ofThe Activity; d) Assist Partner Acronym with the issuance of visas and applications for stay permits in accordance with the existing laws, rules and regulations of the Republic of the Union of Myanmar; and e) Assist in the processing of travel authorizations where required, and to facilitate access to sites where The Activity is taking place within the framework of this MoU. Article 3 Responsibilities of Partner Signing Authority
3.1 — Partner Acronym shall assume responsibility for the execution of the Activities
3.1 Partner Acronym shall assume responsibility for the execution of the Activities implemented within the framework of this MoU, including providing the following resources to assist with the overall implementation of The Activity: a) All administrative issues, including management of The Activity, coordinated oversight and provision of financial services; b) Material, equipment and supplies (inclusive of shipping costs) to be used in the implementation of The Activity; c) Training inputs and logistical support for workshops and training events; and d) Personnel assigned to The Activity including expatriate personnel and technical advisers.
3.2 — Partner Acronym shall conduct its own accounting in accordance with generally
3.2 Partner Acronym shall conduct its own accounting in accordance with generally accepted accounting procedures.
3.3 — Books and records will be at all times accessible for inspection by authorized personnel
3.3 Books and records will be at all times accessible for inspection by authorized personnel nominated by Department Short Name/Acronym-Ministry Acronym.
3.4 — Partner Acronym shall purchase supplies as needed from within or outside of the
3.4 Partner Acronym shall purchase supplies as needed from within or outside of the Republic of the Union of Myanmar in accordance with delivery timeframes and cost effectiveness. 85
3.5 — Purchases shall be made by Partner Acronym at the most economical price that Partner
3.5 Purchases shall be made by Partner Acronym at the most economical price that Partner Acronym can obtain.
3.6 — Partner Acronym confirms that its staff shall not interfere in the internal affairs of the
3.6 Partner Acronym confirms that its staff shall not interfere in the internal affairs of the Republic of the Union of Myanmar and that it shall faithfully abide by the existing laws, rules and regulations of the Republic of the Union of Myanmar while performing duties in the implementation ofThe Activity.
3.7 — Partner Acronym shall submit annual plans and regular reports to the relevant
3.7 Partner Acronym shall submit annual plans and regular reports to the relevant authorities in accordance with the Development Assistance Policy (OAP) of the Republic of the Union of Myanmar.
3.8 — Partner Acronym shall be permitted to establish offices to assist in the implementation
3.8 Partner Acronym shall be permitted to establish offices to assist in the implementation of The Activity in accordance with the existing laws, rules and regulations of the Republic of the Union of Myanmar.
3.9 — Partner Acronym shall handover any project related material to Department Short
3.9 Partner Acronym shall handover any project related material to Department Short Name/Acronym-Ministry Acronym at the end of the project. Article 4 Execution of the Activity
4.1 — Partner Acronym will implement The Activity in partnership with the Department Short
4.1 Partner Acronym will implement The Activity in partnership with the Department Short Name/Acronym-Ministry Acronym in accordance with this MoU.
4.2 — Implementation may depend on the receipt of funds and other resources required to
4.2 Implementation may depend on the receipt of funds and other resources required to satisfactorily implement The Activity in accordance with stated goals, objectives and agreed timetable herein. Article 5 Auditing
5.1 — Department Short Name/Acronym-Ministry Acronym may carry out or commission an
5.1 Department Short Name/Acronym-Ministry Acronym may carry out or commission an audit or inspection of any activity undertaken in the implementation of this MoU. Article 6 Monitoring, Evaluation and Reporting
6.1 — In order to ensure the efficient implementation of The Activity, the Parties may choose
6.1 In order to ensure the efficient implementation of The Activity, the Parties may choose to establish a Joint Implementation Committee.
6.2 — Partner Acronym shall provide reports to the Department Short Name/Acronym
6.2 Partner Acronym shall provide reports to the Department Short Name/Acronym- Ministry Acronym quarterly and annually based on a standard t emplate.
6.3 — Partner Acronym shall provide a comprehensive final report to Department Short
6.3 Partner Acronym shall provide a comprehensive final report to Department Short Name/Acronym-Ministry Acronym no later than one hundred and eighty (180) days following the completion of The Activity, or on an alternate timeframe to be jointly agreed. Article 7 Indemnities The Parties shall be indemnifi ed from any and all claims, losses or demands arising from any occurrence occasioned, whether in whole or in part, by any act, omission, fault, default or negligence by employees, agents, contractors or other perso nnel related to the implementation of the Activity. 86 Article 8 Confidentiality
8.1 — The sharing of confidential information in connection with this MoU shall at all times be
8.1 The sharing of confidential information in connection with this MoU shall at all times be conducted in conformity with the existing laws, rules and regulations of the Republic of the Union of Myanmar.
8.2 — Each party shall ensure that technical data and information provided, including the
8.2 Each party shall ensure that technical data and information provided, including the results of joint research carried out under this MoU, are not transferred or supplied to any third party without prior written consent from the other Party. Article 9 Intellectual Property
9.1 — Any knowledge products or services produced in connection with The Activity shall be
9.1 Any knowledge products or services produced in connection with The Activity shall be jointly owned by the Parties unless otherwise specified and agreed within any subsidiary MoU or otherwise mutually agreed upon.
9.2 — The protection of intellectual property rights shall be enforced in conformity with the
9.2 The protection of intellectual property rights shall be enforced in conformity with the applicable laws, rules and regulations of the Republic of the Union of Myanmar, and with other international agreements signed by the Parties.
9.3 — The use of the name, logo, and/or official emblem of any Party on any publication,
9.3 The use of the name, logo, and/or official emblem of any Party on any publication, document, and/or paper is prohibited without the prior written approval of the relevant Party.
9.4 — Notwithstanding anything in paragraph 9.1 above, the intellectual property rights in
9.4 Notwithstanding anything in paragraph 9.1 above, the intellectual property rights in respect of any technology and/or services developed or carried out solely and separately by any Party or the research results obtained through the sole and separate effort of any Party shall be solely owned by the Party concerned. Article 10 Entry into Force, Amendments, Extensions & Settlement of Disputes
10.1 — This MoU shall come into force for a period of (number) years and (number) months
10.1 This MoU shall come into force for a period of (number) years and (number) months commencing from the date of final signing.
10.2 — This MoU may be amended by mutual consent and through an Exchange of Letters
10.2 This MoU may be amended by mutual consent and through an Exchange of Letters between the Parties. The amendment will commence on the date of signature and shall constitute an integral part of this MoU. 10.3 {60) days prior to the expiry of this MoU, the Parties may decide by mutual written consent whether to extend cooperation under this MoU in accordance with guidance provided by the Development Assistance Policy (DAP).
10.4 — Any difference and/or dispute which may arise between the Parties regarding the
10.4 Any difference and/or dispute which may arise between the Parties regarding the implementation or interpretation of this MoU or any liability arising due to any breach thereof by any of the Parties shall be settled in an amicable manner and by mutual consultation.
10.5 — Where consensus cannot be reached, the Development Assistance Coordination Unit
10.5 Where consensus cannot be reached, the Development Assistance Coordination Unit (DACU) may be engaged by any Party to achieve resolution. 87 Article 11 Termination
11.1 — This MoU may be terminated by any Party upon written notice to the other Party
11.1 This MoU may be terminated by any Party upon written notice to the other Party.
11.2 — Termination shall occur sixty (60) days upon receipt of such a notice provided that
11.2 Termination shall occur sixty (60) days upon receipt of such a notice provided that such termination shall not affect the obligations of the Parties under this MoU in regard to liabilities incurred bona fide by any of them under this MoU prior to such termination.
11.3 — The obligations assumed by the Parties shall remain in place through the termination
11.3 The obligations assumed by the Parties shall remain in place through the termination and/or expiration of this MoU to the extent necessa ry to permit the orderly withdrawal of personnel, funds and property of the Partner(s) and permit the settlement of accounts between the Parties. IN WITNESS THEREOF, the undersigned, building duly authorised by t he Relevant Authorities, have signed this MoU at Location on this Day of Month, Year, in two equally authentic originals in the English language with Department Short Name/Acronym-Ministry Acronym and Partner Acronym receiving one original copy. Signatories: For th e Department, Ministry For the Partner Representative Representative (sign) (sign) 88 Annex A: Activity Description Project ID: Project Title: Proposing Organisation: Financing Partner(s): Implementing Partners: Target Area : Type of Support: Project Objectives: Expected Results : Activities : Target Beneficiaries: Project Timeframe: Total Project Cost: Contact Persons: 89
11.5 — Concept Proposal Form
11.5. Concept Proposal Form DEVELOPMENT ASSISTANCE COORDINATION UNIT CONCEPT PROPOSAL TEMPLATE LEAD GOVERNMENT ENTITY CONTACT DETAILS Fu ll Name Position/Job Title + Department/Section Government Entity Mobile Phone# Fax Number# i Office Phone # Email Fu ll Office Address PRELIMINARY CONSULTATIONS Has the Lead Government Entity led a preliminary D Yes consultation to determine the appropriateness of the proposed project/programme? GENERAL INFORMATION Proposed Project/Programme Title Anticipated Financing Source(s) Anticipated Implementi ng Government Agency (IGA) Other Anticipated Implementing Partners Expected Start Date Expected End Date ..... Relevant Strategic Coordination Group(s) (SCG) Anticipated Location(s) Description of Main Activities I Main Objectives and Expected Impact I Target Groups I FINANCING Grant Financed Concept Proposal D Concessional Loan Financed Concept Proposal D Blended (Concessional Loan & Grant Financed Concept D Proposal Other (please describe below) D 90 STRATEGIC ALIGNMENT Please describe how the concept proposal aligns with the Myanmar Sustainable Development Plan (MSDP)? How does this proposal support the Ministry's sector plans and priorities? (please cite specific elements of relevant strategic documents, with explanation) How will the activity support national reconciliation? How will the activity support inclusive economic growth? How will the activity support gender equality? ECONOMIC COMMITTEE PRIOR ENDORSEMENT Does the concept proposal describe an initiative D Yes explicitly included in a pipeline of projects/programmes contained within a Development Cooperation Strategy approved by the Economic Committee? GRANT FINANCING DETAILS Proposed Grant Commitment Amount Proposed Grant Currency Other Details LOAN FINANCING Proposed Loan Commitment Amount Proposed Loan Currency Has a feasibility study Proposed Interest (FS) been conducted? Rate If so, please attach. Loan Period Proposed Initial Non- Repayment Period Proposed Anticipated Administration Fees Proportion of Loan (if any) Spent Outside Myanmar Other Details 91 EXTENSIONS AND ADDITIONAL FINANCING If t he proposal involves an extension/additional financing for an ongoing or already-completed project/programme, please provide a brief assessment of project/programme effectiveness to date (include references to any detai led evaluations/studies that have been carried out). ADDITIONAL INFORMATION Why does t he Submitting Government Entity, consider the proposed Partner in Development to be most suitable (e.g. known to be global leader in the field). How does the proposal relate to or complement ot her simila r ongoing in it iatives in the sector, and what specific measures will be taken to avoid duplication and ensure coordination? What measures will be taken to ensure the proposed project/programme is sustainable beyond the funding period? (Note: this applies particu larly to projects/programmes involving the construction of new infrastructure, and/or where inter-operability of technology must be considered) Why is it not feasible/ preferable to attract private sect or funding for this project/programme? VEHICLE USAGE Does the proposal involve the D Yes D No □ unknown purchase or import of vehicles? If yes, please provide the following details where possible: Purpose and Justification Post-Project/Programme Disposa l/Transfer Plan Other details (if applicable) Model(s) Estimated Value 92 TECHNI CAL ASSISTANCE Does the project/programme involve D Yes □ unknown the use oftechnical assistance? If yes, please provide a justificat ion of technical assistance/consultancy needs. If feasible, please attach relevant Terms of Reference (ToR). OTHER General comments regarding the project/programme from other relevan t government entities or National Coordinating Bodies. Please indicate whether the proposal involves private sector partnerships (PPP) . Brief comment or summary regarding the relevant Minister/Chief Minister's view toward the proposal. 93
11.6 — The Mohinga AIMS Reference Group Terms of Reference
11.6. The Mohinga AIMS Reference Group Terms of Reference The Mohinga Aid Information Management System (AIMS) Reference Group Terms of Reference 1. Background The Government of Myanmar remains committed to enhancing the quality of partnerships shared with the full range of development stakeholders including bilateral, multilateral and regional partners, United Nations agencies, funds and programmes, local and international CSOs, the media and academic and research institutions and notes that such partnerships can play an important role in contributing toward the continued acceleration of Myanmar's socio-econom ic development. Noting that the comprehensive, accurate and timely provision of information on development assistance provided to Myanmar can help to strengthen the government's capacity to plan, implement, monitor and eva luate the use of such resources, while enabling more effective coordination, information-sharing and enhancing both domestic and mutual accountabil ity, the Government of Myanmar has formed the Myanmar Aid Information Management System (AIMS) Reference Group ("AIMS Reference Group") to ensure the smooth design, development, implementation, ongoing management and further development of the AIMS. 2. Objective The AIMS Reference Group will work, in conjunction with other relevant aid co-ordination mechanisms and initiatives, to achieve the following objectives: • Ensure open access to comprehensive, accu rate and timely data on development assistance being provided to Myanmar; • Contribute to the enhanced alignment of development assistance with Myanmar's national priorities and budget; • Contribute to the enhanced efficiency of aid allocations and aid instruments/modalities used, in line with the globally accepted development effectiveness principles as well as those set out at the country-level; and • Increase the ana lytical capacity of both the Government of Myanmar and PIO on the volume, distribution and effectiveness of aid. 3. Deliverables In addition to pursuing the objectives listed above, the Myanmar Mohinga AIMS Reference Group wi ll seek to reinforce the role of the Mohinga AIMS as Myanmar's primary tool for recording standardized information on aid activities. In doing so the Mohinga AIMS Reference Group will: • Provide a regular forum for the sharing of information relating to development assistance provided t o Myanmar; • Identify new analysis tools, dashboards, visualisations and other features requested by Mohinga AIMS users; 94 • Provide guidance and advice to various stakeholder groups regard ing the use of t he Mohinga AIMS including providing regular review of the quality of aid data reported by PIO to the Mohinga AIMS and, if necessary, identify actions to address challenges faced and, • Regularly evaluate the impact and sustainability of the Mohinga AIMS and propose strategies to ensure long term sustainability. 4. Chairing, Membership and Governance The Mohinga AIMS Reference Group will be chaired by the Director General of FERD. Efforts will be made to engage relevant ministri es and PIO who exp ress an interest joining the Mohinga AIMS Reference Group. The Mohinga AIMS Reference Group also takes note of the Development Assistance Coordination Unit (DACU) and its mandate to "oversee assessments of the effectiveness of overall development cooperation, the overa ll alignment of assista nce w ith government policies and priorities, and the completeness and timeliness of data reported by PI O." The Mohinga AIMS Reference Group wil l therefore report regularly to the DACU on progress made and seek guidance where needed. 5. Meeting Frequency Regular Mohinga AIMS Reference Group meetings will take place every t hree months (i .e. 4 t imes annually). 95 ITALIAN AGENCY FOR DEVELOPMENT Embassy of Italy 11 COOPERATION Yangon This Myanmar Development Assistance Policy was co-authored by the Development Assistance Coordination Unit (DACU) and the Ministry of Investment and Foreign Economic Relations (Foreign Economic Relations Department). The authors appreciate the support extended by Myanmar's Partners in Development, in particular, the European Union and the Italian Agency for Development Cooperation for their support with the drafting and publication of this document. The Myanmar translation of this Myanmar Development Assistance Policy is an unofficial translation.