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Australian Government Department of Foreign Mfairs and Trade

DEED OF AMENDMENT Dated: 24 April 2015

Commonwealth of Australia represented by the Department of Foreign Affairs and Trade ('DFAT') ABN 47 065 634 525

Transparency International ('Recipient') FOR Strengthening Civil Society Networks to Address Corruption in Asia Pacific DFAT AGREEMENT NUMBER 63133 GRANT AGREEMENT made 29 May of2012

Agreement 63133 Amendment No. I

THIS DEED OF AMENDMENT is made this

day of 24 April 2015.

BETWEEN: The COMMONWEALTH OF AUSTRALIA, as represented by the Department of

Foreign Affairs and Trade, ABN 47 065 634 525 ("the Commonwealth")

AND TRANSPARENCY INTERNATIONAL of Alt-Moabit 96, 10559 Berlin, Germany (the "Recipient")

RECITALS: A.

On 29 May 2012, the Commonwealth and the Recipient entered into Grant Agreement 63133 in writing for the funding of the Activity described in the Grant Agreement ('the Agreement').

B.

The Parties have now agreed to further amend the Agreement as set out in this Deed of Amendment ('Deed').

OPERATIVE PROVISIONS: 1.

In this Deed, unless the contrary intention appears, a reference to the 'Agreement' is to the Agreement referred to in Recital A and B above.

2.

The Parties to this Deed agree that any references in the Agreement to the 'Australian Agency for International Development ('AusAID') or related entities' are to be read as references to the 'Department of Foreign Affairs and Trade ('DFAT') ABN 47 065 634 525'.

3.

The Parties to this Deed agree that any references in the Agreement to the 'AusAID Australian Aid Program' are to be read as references to the DFAT- Australian Aid Program.

4.

The Recipient and its Personnel (including its subcontractors) must comply with all policies relevant

to

Australia's

aid

program,

which

are

available

at

http://www.dfat.gov.au/aid/Pages/australias-aid-program.aspx. 5.

The Grant Agreement is amended as set out below: Clause 2.2

Delete existing Clause 2.2 and replace with new Clause 2.2 as follows: "2.2 Subject to Clause 2.3, the organisation must commence the activity immediately following completion of Agreement 58895 and must complete the Activity by 31 December 2015.

Clause 3.2

Delete existing Clause 3 .2 and replace with new Clause 3.2 as

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Agreement 63133 Amendment No.1

follows: "3.2 For the purposes of this Agreement, the address of a Party is the address set out below or another address of which that Party may give notice in writing to the other Party:

DFAT: To:

Daniel Woods- Director Law and Justice Section Governance, Growth and Fragility Branch

Postal Address: Department of Foreign Affairs and TradeAustralian Aid Program GPO Box 887 CANBERRA ACT 2601 AUSTRALIA Street Address: 255 London Circuit CANBERRA ACT 2601 AUSTRALIA

Organisation:

To:

Pascal Fabie- Group Director Chapters, Networks and Programmes

Postal Address: Alt Moabit 96 10559 Berlin Gennany" Clause 14.5

Delete existing Clause 14.5 and replace with new Clause 14.5 as follows: "14.5 An electronic version of the annual report, final report and Acquittal Statement must be sent in PDF (Portable Document Format) to: Elise Cole- Policy Officer Law and Justice Section Governance, Growth and Fragility Branch Department of Foreign Affairs and TradeAustralian Aid Program GPO Box 887 CANBERRA ACT 2601 AUSTRALIA Elise. Cole@dfat. 2"0V. au"

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Agreement 63133 Amendment No. I

Clause 15.1

Delete existing clause 15.1 and replace with new clause 15.1 as follows: "15.1 DFAT will pay the Recipient an acquittable Grant up to a maximum of AUD3,450,000, in tranches divided as follows:

Clause 15.2

Indicative Date

Tranche Number

Amount of Grant Funds

By31 December 2014

1

AUD 3,000,000

By 30 June 2015

2

AUD450,000

Insert new Clause 15.2 as follows: "15.2 DFAT will pay Tranche 2 by the date indicated above subject to the Recipient: a) providing an Acquittal Statement of the preVIOUS tranche, signed by the senior financial officer or head of the Recipient organisation, indicating that the Grant funds being acquitted have been expended 111 accordance with the te1ms of this Agreement; b) submitting a valid invoice; and making satisfactory progress with the Activity as detennined byDFAT.

Clause 16.1

Delete existing Clause 16.1 and replace with new Clause 16.1 as follows: "16.1 Invoices must be submitted when due in accordance with the Agreement, 111 a form identifying this Agreement title and Agreement number 63133.

Clause 16.2

Delete existing Clause 16.2 and replace with new Clause 16.2 as follows: "16.2 All invoices must be made to: Chief Finance Officer Department of Foreign Affairs and Trade- Australian Aid Program GPO Box 887 CANBERRA ACT 2601 AUSTRALIA"

Clause 16.3

Delete existing Clause 16.3 and replace with new Clause 16.3 as follows: "16.3 Invoices should be sent to the above address. DFAT will accept electronic invoices. These can be sent to [email protected], copying Elise Cole, Elise.cole(a)dfat.gov.au

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'I

''

Agreement 63133 Amendment No. 1

Schedule!Activity Proposal to Grant Agreement 63133

Insert additional new Annexes, as attached, to Schedule I Activity Proposal: • • •

TI Asia Pacific Regional Programme Narrative Revision of Activities (March 20 15) including: Programme Work Plan: 2014- 15 Budget Revision July 2014- December 2015.

6. The amendments set out in this Deed take effect on the date on which this Deed is signed by the Parties. 7.

In all other respects the Parties confirm the Agreement.

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Agreement 63133 Amendment No. 1

EXECUTED AS A DEED by the Commonwealth, by an authorised officer, and by the Recipient by its authorised officer(s). SIGNED for and on behalf of the COMMONWEALTH OF AUSTRALIA represented by the Department of Foreign Affairs and Trade by:

in the presence of:

fit?~===:=

Signature o

Signature of witness

Kirsten Bishop

Elise Cole

Acting Assistant Secretary

Policy Officer

Governance, Growth and Fragility Branch

Law and Justice Section

SIGNED for and on behalf of Transparency International by

~

24 April 2015 ............. ::·............................... . Pascal Fabie Group Director Network, Chapters and Programmes

By executing this Deed of Amendment the signatory warrants that the signatory is duly authorised to execute this Deed of Amendment on behalf of the Recipient. in the presence of:

Aleksandra Atallah Name of Witness {Print)

Signature of Witness

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Agreement 63133 Amendment No. 1

AMENDMENT SUMMARY The Agreement has been varied in accordance with the clause headed Agreement Amendments of the Grant Agreement on the following dates relating to:

Amendmen t Number

1

Date

~April 2015.

Brief Summary of Amendment

1.

Increase financial limit (maximum amount payable) and revise Schedule l activity proposal.

Increase/Decrease in Financial Limit

New Financial Limit

(AUD)

(AUD)

450,000

3,450,000

2. Extend Activity end date from 30 June 2015 to 31 December 2015. 3. Reduce term of Agreement from 30 June 2016 to 31 December 2015

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~TRANSPARENCY

"L/ INTERNATIONAL the global coalition against corruption

TI Asia Pacific Regional Programme Narrative Revision of Activities March 2015 The TI Asia Pacific Programme outlined in the Grant Agreement 63133 has the overall goal of enhancing and strengthening the national-level work done by the Chapters of TI in Asia Pacific, to increase TI's strategic presence in the region, promote knowledge exchange and sharing, engage people (particularly victims of corruption and youth), and push for priority anti-corruption changes in the public sector. Its current Work Plan runs until June 2015. The Asia Pacific Department (APD) at the TI Secretariat has been in discussion with DFAT about possible continuation of support beyond 2015. However, given recent announcements by the Australian Government on budget cuts to the Aid Programme in late 2014, APD and DFAT have agreed to extend the current work plan's timeframe to allow the continuation of APD's support to the region until there is further clarity on the possibility of longer-term future support. This document provides a narrative to the revised budget for 2015 and the additional funds requested to allow critical activities and staffing to be maintained until December 2015, highlighting those activities that will continue throughout the year, and those that will need to be scaled down to minimise additional budget required. Underlying principles for July - December extension Given recent changes in the Australian Aid Programme and the likely delay of progress on the development and discussion of a new programme phase, APD is requesting a casted extension to maintain staffing and extend critical activities under the current programme for a further six months, at a reduced level. A revised budget for the programme is attached, and includes an additional request of EURO 306,906. This revision has been developed on the basis of several underlying principles:

1. All existing commitments to National Chapters and other external parties are upheld; 2. Staffing levels within APD are maintained at the current status quo to enable existing activities to continue and develop the new programme; 3. New programme commitments are only made for activities of critical priority, and for those which have built significant momentum which would be lost if funding were to be stopped in June. These are still aimed at increasing impact through actionoriented, advocacy-focused and change-driven activities; 4. Programme activities aimed at ensuring sustainability by focusing on fundraising capacity have been maintained, to increase possibilities for further funding support after December 2015. Following this logic, APD has reviewed its planned 2015 activities under the different programme components, and for the most part adjusted them to take place over a longer timeframe. Some activities have been cancelled to allow space for other critical initiatives to go ahead. Others have been maintained as planned until June 2015, but not extended. Finally, some critical activities have been allocated additional budget to continue from July

until December. These activities rece1v1ng additional resources will need to be carefully focused and prioritised to ensure that momentum continues and sustainability increased over that six month period to justify the additional investment. The specific changes to the component activities are outlined below.

Component A: Institutional, Capacity & Network Strengthening This component plays a central role and forms the largest proportion of the programme, and continues to provide the foundation on which each of the other components builds. APD has implemented a range of TI-S led and Chapter led initiatives aimed at strengthening capacity and networks for anti-corruption reform in the region. The majority of Chapters produced organisational capacity assessments and Strategic Plans in the previous programme phase, which led regional coordinators from APD to work closely with them to develop plans to identify and address challenges and/or areas of development in this current programme year. Building on this, APD is supporting a range of capacity development and advocacy activities in 2014-15, some based on a call for proposals, and others identified through strategic reflection on capacity development needs and interests expressed through other mechanisms, such as during visits, during the accreditation process, and in bilateral conversation with APD. Ongoing chapter, information sharing, knowledge exchange, governance support, fundraising support, and programme development for sustainability by APD will continue between July and December 2015. Given the short timeframe of the extension, no new capacity assessments are being undertaken, new capacity development interventions at national level will be limited, and no new resources have been allocated towards chapter grants to this end. The existing budget and grants can continue to be used for this purpose, allowing some level of flexibility to address strategic issues that may arise in 2015.

Component B: Anti-Corruption Solutions & Knowledge This component focuses on the generation, adaptation and dissemination of anti-corruption knowledge, practices and solutions. APD has coordinated a number of initiatives aimed at sharing knowledge across the movement through cross-regional workshops and exchanges, technical support from TI-S' Anti-corruption Helpdesk, and the development and dissemination of new research tools. Ongoing access to the Anti-corruption Helpdesk, and the development and dissemination of new research tools, will continue. APD will also continue to produce its quarterly Exchange Newsletter, and to promote regional exchange and advocacy. To use existing resources as strategically as possible, the regional programme meeting planned for spring 2015 has been cancelled, and limited funding put aside for a regional meeting at the Annual Membership Meeting in August/ September, which will be held in Kuala Lumpur alongside the International Anti-Corruption Conference (IACC). To limit the additional resources needed from the regional programme budget, APD will also seek other sources of funds for participation in that meeting.

2

CoinponentCl: People Engagement and Support: Advocacy and Legal Advice Chapters in Asia Pacific have transformed the way and extent to which they engage people since opening 'Advocacy and Legal Advice Centres' (ALACs). Today, thirteen Chapters across Asia Pacific operate ALACs, through which they provide free legal support to victims and witnesses of corruption as well as proactively building the capacity of citizens and public officials to monitor and improve service delivery. Given the critical importance of the work of the ALACs, TI's focus on engaging people in anti-corruption work, and the expectations built up by the public in countries with existing ALAC services, this is the only programme component for which significant resources have been allocated to the period between July and December 2015. This has been done both by reallocating budget from other programme areas, and by requesting additional funding. However, given reduced funding available, additional budget requested for the ALACs is still proportionally less than in the year previously. As such, additional support will be targeted towards ALACs which have shown strong impact, fundraising interest, effort, and capacity, and potential for developing sustainability beyond the regional programme support timeframe. These ALACs will be identified together with regional coordinators working with Chapters, to ensure that these Chapters are encouraged to fundraise for the ALAC programme independently and with dedicated support from both regional coordinators and the ALAC Officer.

Component C2: People Engagement and Support: Youth Integrity Findings from the TI Youth Integrity Survey carried out in 2012 in Fiji, Indonesia, South Korea and Sri Lanka show that young people know that corruption is wrong, yet they are willing to act corruptly for their personal benefit, often feeling that corruption is the only option available for them to get ahead in life. However, the survey results also reveal that young people are willing to report on corruption, and aspire to live in societies that are fair, transparent and rooted in integrity. Building on these findings, the TIAP Regional Programme aims to contribute to empowering youth to lead a more transparent, accountable and fair society by embedding integrity and resisting corruption. Following a call for proposals in 2014, the programme has supported Chapters through small grants disbursed for activities falling under the four components of the Asia Pacific Youth Community Programme. The National Chapter activities are all scheduled to be completed by June, and given the short timeframe, no additional grants will be provided after June for national level activities. However, given the momentum that has been built in 2014/ early 2015, for instance with the formation of the Youth Movement for Transparency in Asia Pacific (YMTAP) and other activities supported by the programme, some additional budget has been requested to continue activities at regional level between July and December for exchanges, dialogues, and opportunities to support young people to get actively involved and become changemakers.

3

CornponentD:· PubliC: !)ector Integrity, Diagnostics and ·solutions Chapters in Bangladesh, Maldives, Nepal, Pakistan, Sri Lanka, Vanuatu, Cambodia and Vietnam' recently completed National Integrity Systems Assessments, providing them with a wealth of new information with which to conduct targeted and evidence-based advocacy for public sector reform. The APD also coordinated the publication of a sub-regional report entitled 'Fighting Corruption in South Asia: Building Accountability' 2 which was launched in May 2014. As with the national reports, this research provides an evidence base for subregional advocacy. In 2014, Chapters who recently completed NIS assessments were able to apply for small grants to carry out targeted advocacy initiatives in order to drive institutional reform at national level based on recommendations made. These activities are scheduled to be completed by June 2015. Given the limited funding available, no additional resources have been allocated for new grants to be provided at national level under this call. While APD will continue to develop regionally coordinated public sector work, participation in different global events relevant to this component has been cancelled. Targeted activities will continue at regional level aimed at promoting the messages of the report and building networks around prominent topics discussed in the reports such as Right to Information legislation and Anti-Corruption Agencies, focused on building momentum at the regional level in these areas while APD continues to seek additional funding for this to be expanded.

1 2

TI Cambodia and Vietnam conducted NIS Assessments during the same period using other funding http://www.transoarency.org/whatwedo/pub/fiqhtinq corruption in south asia building accountability

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Programme Work Plan: 2014- 15 · Regional Programme

July 2014- December 2015

coooeration with the TI Chapters an assessment of their capacity development needs, informing further priority funding for selected TI Chapters to fulfil their core functions in response to needs identified through the organisational

Activity B.L_l: Provide on-going advice to TI Chapters, Partners and other national and regional stakeholders on a demand-driven basis

5

Activity 8.1 2: Systematically capture, publish and disseminate the knowledge generated through this Programme via target-oriented channels of Activity 8.1.3: .Share innovative developments and anti-corruption learning in the region through regular regional meetings

Activ.:ltv_C.._L.l: Develop outreach to youth to combat corruption Activity C.J 2: Develop outreach to women to combat corruption tv C.1.3: Conduct anti-corruction awareness-raisina and capacity Activity C.1.4: Develop information, communications, technology and social Integrity Survey findings and recommendations as well as engaging key

demands

aimed at long-term institutional reform on priority areas identified in the South Asia

6

Activity D.3 4· Develop the next phase of APD's public sector integrity programme to increase effective public sector governance

Quarterly Internal Reports

Mid Year Review End of Year Review Annual DFAT Report

7

Budget Revision July 2014- December 2015

Component B Component c Component D

153,102 850,750 247,750

899,907 277,378

69,631 49,157 29,628

120,820

135,480

14,660

COMPONENT A: histitutionill;_(dpadty and Network Slrength'ening

RESULT A.l

Strengthened and effectively eoordinated Tl presence and activities in the region RESULT A.l

Enhanced capacity of Tl Chapters to operate as well-functioning entities with strong structlrral, managerial and leadership capacities

87,308

85,-iQS -

65,800

65,996

196

94,352

143,244

48,892

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