The Public Organization Foundation for Democracy Assistance, which operates on the basis of the Charter (hereinafter – PO FDA), on the one hand, proposes to an unlimited number of persons (hereinafter – “Benefactor”), on the other hand, hereinafter each separately – “Party”, and jointly – “Parties”, to conclude this Agreement on the following:

Article 1. Subject of the Agreement

1.1. The Parties agree that PO FDA, in accordance with Article 1.5 of the Charter, is free to choose the directions of its activities and operates on the principles of voluntariness, self-governance, free choice of territory of activity, equality before the law, absence of property interest of its members (participants), transparency, openness, and publicity.

1.2. The Parties agree that PO FDA, in accordance with Articles 2.4.8 and 10.3 of the Charter, receives assistance in the form of funds or property provided free of charge in the form of membership fees, non-refundable financial assistance, donations, grants, and independently decides on their use in accordance with the provisions of this Charter and the legislation of Ukraine.

1.3. The Parties agree that funds or property received in the form of membership fees, non-refundable financial assistance, donations, grants may be used to implement the statutory goals of PO FDA, namely:

3.2.1. Participation in the creation of information centers, independently or jointly with other public organizations, movements, foundations, political parties, or religious organizations that aim to disseminate and implement democratic ideas, inform citizens of Ukraine and its members about socially significant problems, events, and other information.

3.2.2. Raising the level of civic and political education of its members, other citizens of Ukraine through educational, informational, and awareness-raising events.

3.2.3. Interaction with other public organizations, movements, foundations, political parties, or religious organizations, including international ones, with the aim of building a network of civic cooperation, supporting its functioning, including through joint events, conferences, seminars, etc.

3.2.4. Development and submission of proposals to state authorities and administration regarding the development of democratic processes.

3.2.5. Facilitating citizens’ access to objective information about the state and directions of democracy development.

3.2.6. Analysis of the international, domestic Ukrainian, and regional political, economic, and social situation, analysis of public sentiment and the state of civil society development.

3.2.7. Protection of democratic values and public interests, creation and support of effective mechanisms of public control over the activities of the executive, judicial, and representative branches of government, development of local self-government, and promotion of decentralization of power.

3.2.8. Independent and joint conduct with other persons and organizations of presentations, camps, exchanges, competitions, conferences, contests, seminars, lectures, round tables, exhibitions, consultations, etc., aimed at implementing the Organization’s goals as provided by this Charter (including with the involvement of representatives of the public, state authorities and local self-government bodies, experts from various fields of public life).

3.2.9. Financing of actions, projects, and programs conducted to fulfill the statutory tasks of the Organization.

3.2.10. Establishment, development, and maintenance of relations and cooperation with public associations, charitable foundations, and individuals in Ukraine and abroad, study of their experience, establishment of international unions in compliance with the requirements of Ukrainian laws, internships of members of the Organization abroad.

3.2.11. Collection, processing, and dissemination of information, including scientific and applied information.

3.2.12. Development of international cooperation, in particular, between Ukrainian and foreign scientists, analysts, specialists, public and political figures, international and interregional non-governmental organizations.

3.2.13. Promotion of scientific and educational activities, conducting grant competitions.

3.2.15. Informing the public about the Organization’s activities through coverage in mass media and other sources.

3.2.16. Establishment independently or in cooperation with other citizens’ associations or individuals of mass media (printed mass media) for the purpose of disseminating socially significant information and fulfilling other statutory tasks.

3.2.17. Promotion of the development of a democratic society, satisfaction of the legitimate interests of the organization’s members in participating in the development of democratic processes.

1.4. Public collection of charitable donations is recognized as a voluntary collection of funds among an indefinite circle of persons, including through the use of electronic communication means.

1.5. Charitable donations are directed toward the implementation of the statutory goals of PO FDA.

1.6. The subject of this Agreement is not the direct or indirect receipt of profit by any of the Parties.

Article 2. Obligations of PO FDA

2.1. PO undertakes to:

– use the collected funds in accordance with statutory goals;

– provide a report to the Benefactor (upon request) on the allocation of funds received by PO FDA under this agreement;

– with the prior consent of the Benefactor, publish information about the donation made by them on the PO FDA page on the Internet.

Article 3. Obligations of the Benefactor

3.1. The Benefactor undertakes to make:

– a voluntary donation in the form of a non-cash transfer of funds to the current account of PO FDA: “Charitable donation for statutory activities, including administrative needs of the organization.”

Article 4. Guarantees

4.1. PO FDA has the exclusive right to use the funds received under this Agreement. PO FDA is responsible for ensuring that third parties do not have claims that may limit the use of funds, unless such claims are caused by the actions of PO FDA or recipients of charitable assistance.

4.2. The Benefactor agrees that the donation is non-refundable.

4.3. By entering into this Agreement, the Benefactor confirms that they are familiar with and agree to the Charter of PO FDA, and have no claims regarding the possible directions of use by PO FDA of the funds or property transferred by the Benefactor, including for administrative expenses within the framework of the current legislation of Ukraine.

4.4. In accordance with the current legislation of Ukraine, in the event of termination of the organization’s activities, the funds and property of the organization will be transferred to the state or other non-profit organizations.

Article 5. Acceptance of Property

5.1. PO FDA undertakes not to allow the use of funds provided by Benefactors for any purpose other than the statutory goals of PO FDA and ensuring the administrative expenses of PO FDA.

5.2. Funds are considered transferred by the Benefactor from the moment they are credited to the settlement account of PO FDA.

Article 6. Control

6.1. PO FDA provides the Benefactor with reports on the use of collected funds, upon their request, in accordance with clause 2.1. of this Agreement.

6.2. Operational and accounting records, as well as statistical reporting on the provision and use of charitable donations for the purposes defined by the agreement, are maintained by PO FDA.

Article 7. Conclusion of the Agreement

7.1. This Agreement is considered concluded from the moment the Benefactor transfers the funds.

7.2. This agreement is valid until the parties fulfill the obligations assumed under this Agreement.

Article 8. Force Majeure

8.1. The Parties are not liable for full or partial non-performance of the Agreement caused by a force majeure event if they notify the other Party within ten days with written confirmation from the Chamber of Commerce of Ukraine or another competent authority (including, but not limited to, the Kyiv Chamber of Commerce and Industry).

8.2. Force majeure events include: military actions, mobilization, strikes, quarantines, fires, explosions, traffic accidents and natural disasters, as well as acts of state authorities and local self-government bodies, and other events.

Article 9. Termination of the Agreement

9.1. The Agreement is terminated as a result of full performance of obligations by the Parties to each other.

Article 11. Liability of the Parties

11.1. For non-performance or improper performance of obligations under this agreement, PO FDA and the Benefactor bear responsibility in accordance with the legislation of Ukraine and this agreement (Civil Code of Ukraine, Law of Ukraine “On Public Associations”).

Article 12. Location and Details of PO FDA

Public Organization “Foundation for Democracy Assistance”
EDRPOU 43134930
Legal address: Ukraine, 03049, Kyiv, P.O. Box 165
IBAN UA443052990000026002035007905
at the branch of JSC CB “PRIVATBANK

MFO 305299