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Trading Forex e CFD Online.
Trading Forex, CFD, Emas, Perak, dan Komoditas dengan harga dan kondisi kelas institusional.
Trading di Pasar Dunia bersama Pepperstone.
Selamat Datang di Pepperstone - Broker Forex Dengan Pertumbuhan Tercepat di Australia *
Pepperstone adalah Broker Forex de CFD online eang menyediakan teknologi tercanggih untuk trading di pasar dunia kepada trader di seluruh dunia. Sejak 2018, fokus kami adalah mengubah cara orang memperdagangkan forex. Kami berkomitmen, membro do grupo, membro do sindicato, um executivo de empresas estrangeiras, um executivo de empresas estrangeiras, um colaborador de empresas estrangeiras. Pepperstone menyediakan berbagai plataforma de negociação on-line Termasuk MetaTrader 4, cTrader, WebTrader dan aplikasi seluler untuk iPhone, Android tablet dan.
Trader cerdas mengambil keputusan yang cerdas. Persiapkan diri Anda dengan keunggulan Pepperstone hari ini. Lainnya.
Kondisi Trading Taraf Institusional.
Forex, Emas, Minyak, CFD & lain-lain Spread sangat ketat mulai dari 0.0 pip Likuiditas Dark Pool Tanpa Dealing Desk Trading 24/6.
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Trading di Pasar.
Trading di Pasar Keuangan.
Perdagangkan lebih dari 72 kelas aset dari seluruh dunia dengan akses instan dan kecepatan tinggi untuk Forex, Logam, Komoditas, Emas, Perak de CFD melalui MetaTrader 4 dan cTrader menggunakan infrastruktur termutakhir kami. Lainnya.
Quotes Live sejak 14 de janeiro (GMT + 3) - Dipersembahkan oleh Pepperstone Group Limited.
Percayalah pada Pepperstone.
Percayakan pada Pepperstone.
Pepperstone adalah salah satu corretor Forex terbesar di dunia yang memproses negociação dengan jumlah rata-rata AS $ 5,3 Miliar setiap hari. Lainnya.
Diatur ASIC.
Diagra oleh Australian Securities and Investment Commission (ASIC).
Kami Lakukan Hal Penting Dengan Benar.
Pepperstone telah dikenal dan berkali-kali dianugerahi penghargaan atas inovasi, teknologi, dan penawaran kondisi trading terbaik untuk segenap klien. Kami percaya bahwa teknologi EDGE Pepperstone dan akun RAZOR adalah yang terdepan dalam trading Forex ritel.
Dana Klien Terpisah.
Dana klien Pepperstone disimpan dalam rekening confiança yang terpisah dengan Banco - Banco Nasional Austrália.
Metode Pendanaan.
Metode Pendanaan.
Pepperstone menawarkan trading Forex online melalui sejumlah plataforma de negociação Forex, meliputi MetaTrader 4, cTrader, Webtrader, dan Aplikasi iPhone e Android.
* No. 1 de Austrália untuk Kepuasan Klien, Layanan Pelanggan, Nilai Ekonomis, dan banyak lagi. ** Berdasarkan peringkat kepuasan klien sendiri sebagaimana diteliti por Laporan FX 16 de novembro Tendências de investimento.
Nível 5, 530 Collins Street.
Telepon Lokal 1300 033 375.
Telepon +61 3 9020 0155.
Faks +61 3 8679 4408.
# SEBAGAIMANA DIPUBLIKASIAKN DI LAPORAN FINANCE MAGNATES INTELIGÊNCIA KUARTAL 3 TAHUN 2018 (HALAMAN 30).
RATA-RATA VOLUME PERDAGANGAN HARIAN AKTUAL. PERIODE SAMPEL TANGGAL 1 - 31 DEZEMBRO DE 2018.
** SEBARAN TERENDAH TERSEDIA PADA AKUN RAZOR SEPERTI TERLIHAT DI MYFXBOOK / FOREX-BROKER-SPREADS.
+ BERDASARKAN PADA KEMENANGAN DENGAN 9 PENGHARGAAN INDUSTRI VALAS INTERNASIONAL.
Peringatan Risiko: CFD da margem FX adalah produk alverage yang membawa resiko tingkat tinggi terhadap modal Anda. Trading tidak cocok untuk semua orang dan bisa menyebabkan kerugian jauh lebih banyak daripada investasi awal Anda. Anda tidak memiliki atau mempunyai hak apa pun terhadap aset pokok. Anda dianjurkan hanya berdagang dengan uang yang Anda mampu untuk kehilangan. Kinerja masa lalu tidak menjamin kinerja masa yang akan datang dan hukum pajak di masa datang mungkin berubah. Informática e informações sobre o sítio web ini bersifat umum dan tidak memperhitungkan tujuan pribadi, situa keuangan, atau kebutuhan klien Anda. Pelajari Pernyataan Pengungkapan Risiko, PDS dan FSG dan pastikan bahwa Anda memahami sepenuhnya risiko yang terlibat terkait keadaan pribadi Anda sebelum memutuskan untuk mendapatkan layanan kami. Kami mendorong Anda untuk mencari saran independen jika diperlukan.
Pepperstone Group Limited terdaftar di Australia di Level 5, 530 Collins Street, Melbourne, VIC 3000, e a Comissão de Valores Mobiliários e Investimentos australianos.
&cópia de; 2018 Pepperstone Group Limited | ACN 147 055 703 | AFSL No.414530.
Contas islâmicas Forex.
Sobre as Contas Islâmicas Forex.
As contas islâmicas de Forex também são conhecidas como contas sem permuta, pois não implicam troca ou interesse de rolagem nas posições durante a noite, o que é contra a fé islâmica. Oferecemos nossas contas islâmicas aos clientes que seguem a fé muçulmana.
Como abrir uma conta islâmica Forex.
A opção livre de permuta pode ser escolhida como parte do registro da conta comercial em 3 etapas fáceis:
Abra uma conta de negociação conosco.
Entre na área de membros e valide sua conta.
Solicite uma conta islâmica.
Assim que nosso departamento relevante receber seu pedido, sua conta de negociação receberá status sem permuta e você será notificado por email de acordo. Por favor, note que a XM reserva-se o direito de revogar o status de permuta concedido a qualquer conta de negociação real em caso de qualquer tipo de abuso.
Sem expiração, sem ampliação, sem comissões e sem taxas ocultas.
100% Shariah Compliant.
Recursos da conta em resumo.
Sem taxas de juros / swap nas posições durante a noite Não há alargamento do spread Sem comissões de frente As posições podem ser realizadas sem limite de tempo.
Sem cotações, sem custos ocultos Alavancar até 888: 1 100% de execução de mercado em tempo real As mesmas condições de negociação que para nossos tipos de conta de negociação.
Acesso gratuito e instantâneo a todas as plataformas de negociação 24/5 suporte dedicado do seu Gerenciador de Contas de Cliente.
As contas islâmicas do XM forex diferem muito das que geralmente oferecidas por outros corretores forex. A diferença reside no fato de que, ao contrário da maioria das empresas estrangeiras que substituem taxas adicionais ao ampliar o spread nas contas islâmicas, a XM não impõe encargos adicionais.
Para cumprir a lei religiosa do Islã, os comerciantes da crença islâmica estão proibidos de pagar juros. No entanto, se a taxa de juros for transferida para um tipo diferente de taxa, basicamente ainda é uma cobrança que cobre os juros. Isso também é conhecido pelo nome de swap-free disfarçado. A XM está firmemente contra tais práticas, que se opõe a condições comerciais justas e éticas.
Contas de Negociação.
Instrumentos de Negociação.
Condições de Negociação.
Plataformas MT4.
Plataformas MT5.
Patrão orgulhoso de.
Usain Bolt.
8 x campeão olímpico e campeão mundial de 11 x.
Legal: este site é operado pela XM Global com endereço cadastrado no. 5 Cork Street, Belize City, Belize, C. A.
XM é um nome comercial da Trading Point Holdings Ltd, que é proprietária da Trading Point of Financial Instruments UK Ltd (XM UK), da Trading Point of Financial Instruments Pty Ltd (XM Austrália), da XM Global Limited (XM Global) e do Trading Point of Financial Instruments Ltd (XM Chipre).
XM UK é autorizado e regulamentado pela Autoridade de Conduta Financeira (número de referência: 705428), a XM Australia é licenciada pela Comissão Australiana de Valores Mobiliários e Investimentos (número de referência: 443670), a XM Global é regulada pelo IFSC (60/354 / TS / 17) e a XM Cyprus é regulada pela Comissão de Câmbio e Câmbio de Chipre (número de referência: 120/10).
XM Global (CY) Limited com escritórios no Galaxias Building, Makariou e 36 Agias Elenis, 1061, Nicosia, Chipre.
Aviso de Risco: negociação Forex e CFD envolve risco significativo para seu capital investido. Leia e assegure-se de compreender plenamente a Divulgação de Riscos.
Regiões Restritas: A XM Global Limited não presta serviços a cidadãos de certas regiões, como Estados Unidos da América, Canadá e Israel.
Aviso de risco: seu capital está em risco. Os produtos com alavancagem podem não ser adequados para todos. Considere nossa Divulgação de Riscos.
LCG TRADER,
UNTUK TRADING YANG LEBIH BAIK.
TRADING DI PASAR DUNIA BERSAMA LCG.
LCG Group terdaftar secara publik di London.
7000 INSTRUMEN DI 9 KELAS ASET.
Trading dengan yakin. LCG adalah salah satu Penyedia CFD & amp; Spread Betting terdepan di Inggris Raya.
PENGALAMAN TRADING TERBAIK APA PUN PERANGKAT ANDA.
LCG Trader.
Plataforma de negociação multi aset eksklusif kami dikembangkan dengan memikirkan kebutuhan trader. Trading dengan aman dari ponsel, tablet, atau desktop Anda menggunakan aplikasi canggih berbasis web yang kami persembahkan untuk Anda.
Berbagai fitur hebat MT4 dan teknologi eksekusi kami yang unggul adalah kombinasi sempurna. Kelola posisi do comércio Anda dari mana pun Anda berada dengan MT4 Desktop e MT4 Mobile.
Pemain Tenis. Teladan.
Brand Ambassador Global.
LCG ADALAH SPONSOR RESMI.
STAN WAWRINKA.
IKUTI INFORMASI TERKINI MELALUI BERITA TERHANGAT, ANALISIS AHLI, TUTORIAL, SEMINÁRIO, DAN EDUKASI TRADING DARI LCG.
Video Trading.
LCG berkomitmen membantu klien meningkatkan pengetahuan trading dan mengembangkan wawasan klien tentang pasar.
LCG berkomitmen membantu klien meningkatkan pengetahuan trading dan mengembangkan wawasan klien tentang pasar.
Plataforma Panduan.
Teknologi trading luar biasa. Saksikan tutorial video kami untuk mempelajari.
Trading yang bertanggung jawab: contratos de negociação para a diferença (CFD) memiliki tingkat risiko yang tinggi ke modal Anda dan dapat mengakibatkan kerugian yang melebihi depósito Anda. Trading CFD mungkin tidak cocok untuk semua orang, jadi pastikan Anda benar-benar memahami risiko yang terlibat. Sebelum memutuskan untuk melakukan trading, Anda perlu memastikan bahwa Anda memahami risiko yang terkait dengan pertimbangan tujuan investasi dan tingkat pengalaman Anda. Kinerja CFD masa lalu bukanlah indikator yang dapat diandalan untuk hasil masa depan. Sebagian besar CFD tidak memiliki tanggal jatuh tempo yang ditetapkan - Posisi CFD biasanya jatuh tempo pada tanggal yang Anda pilih untuk menutup posisi terbuka yang relevan. Anda harus mencari saran keuangan independen, jika Anda merasa perlu atau pantas. Harap baca dengan seksama Pengungkapan Resiko yang relevan, tersedia di sini Dokumentasi Hukum.
London Capital Group Holdings plc (LCGH plc) adalah perusahaan yang terdaftar di Inggris em País de Gales: 05497744. London Capital Group Limited (LCG) adalah perusahaan yang terdaftar di Inggris em País de Gales nomeado em registro: 3218125. LCGH plc adalah anggota bursa di NEX Exchange. LCG adalah anak perusahaan yang dimiliki penuh oleh LCGH plc. LCG memegang izin dan di ole a Autoridade de Conduta Financeira (FCA) dengan nomor registrasi perusahaan: 182110. Alamat terdaftar LCGH plc dan LCG adalah 77 Grosvenor Street, Mayfair, Londres, W1K 3JR. London Capital Group (CHIPRE) Limited (LCG CY) adalah perusahaan yang terdaftar di Siprus di bawah nomor terdaftar: 356430. LCG CY diberi wewenang e a Comissão de Câmbio e Câmbio de Chipre (Lisensi: 341/17). Alamat terdaftar untuk LCG CY adalah: 205 Arch. Makarios Avenue III, Victory House, Lantai 5, 3030 Limassol.
Situs web lcg dioperasikan oleh LCG. LCG dan LCG (CY) merupakan anak perusahaan yang sepenuhnya dimiliki oleh LCG Group. LCG CY mengoperasikan situs https: //cy-my. lcg.
Trading yang bertanggung jawab: Trading CFD berisiko tinggi dan mungkin tidak sesuai untuk semua orang. Kerugian bisa melebihi depósito Anda. Penguingkapan Risiko.
Artigos do Acordo.
Documentos relacionados.
Assinatura de notificação de e-mail.
Artigos do Acordo do Fundo Monetário Internacional.
Aprovado na Conferência Monetária e Financeira das Nações Unidas, Bretton Woods, New Hampshire, 22 de julho de 1944. Entrou em vigor em 27 de dezembro de 1945. Emendado em vigor em 28 de julho de 1969, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 23 -5, aprovado em 31 de maio de 1968; alterado a partir de 1º de abril de 1978, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 31-4, aprovada em 30 de abril de 1976; alterado em 11 de novembro de 1992, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 45-3, aprovada em 28 de junho de 1990; alterado em vigor em 10 de agosto de 2009, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 52-4, aprovada em 23 de setembro de 1997; alterada a partir de 18 de fevereiro de 2018, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 63-3, aprovada em 5 de maio de 2008; alterado a partir de 3 de março de 2018, pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 63-2, aprovada em 28 de abril de 2008; alterado em vigor em 26 de janeiro de 2018 pelas modificações aprovadas pelo Conselho de Governadores na Resolução nº 66-2, aprovada em 15 de dezembro de 2018.
Conteúdo.
Artigo introdutório.
(i) O Fundo Monetário Internacional é estabelecido e funcionará de acordo com as disposições deste Contrato, conforme originalmente adotado e posteriormente alterado. (ii) Para permitir que o Fundo realize suas operações e transações, o Fundo deve manter um Departamento Geral e um Departamento de Direitos de Aprovação Especiais. A adesão ao Fundo dará direito à participação no Departamento de Direitos de Aprovação Especiais. (iii) As operações e transações autorizadas pelo presente Contrato serão realizadas pelo Departamento Geral, consistente em acordo com as disposições deste Contrato da Conta de Recursos Gerais, a Conta de Desembolso Especial e a Conta de Investimento; exceto que as operações e transações envolvendo direitos de desenho especiais devem ser realizadas através do Departamento de Direitos de Aprovação Especiais.
Artigo I: propósitos.
Os objetivos do Fundo Monetário Internacional são:
(i) Promover a cooperação monetária internacional através de uma instituição permanente que fornece o mecanismo de consulta e colaboração em problemas monetários internacionais. (ii) Facilitar a expansão e o crescimento equilibrado do comércio internacional e contribuir assim para a promoção e manutenção de altos níveis de emprego e renda real e para o desenvolvimento dos recursos produtivos de todos os membros como objetivos primários da política econômica. (iii) Promover a estabilidade cambial, manter mecanismos de troca ordenados entre os membros e evitar a depreciação cambial competitiva. (iv) Auxiliar no estabelecimento de um sistema multilateral de pagamentos em relação às transações correntes entre membros e na eliminação das restrições cambiais que dificultam o crescimento do comércio mundial. (v) Dar confiança aos membros, disponibilizando temporariamente os recursos gerais do Fundo sob salvaguardas adequadas, proporcionando-lhes assim a oportunidade de corrigir os desajustes em sua balança de pagamentos sem recorrer a medidas destrutivas da prosperidade nacional ou internacional. (vi) De acordo com o acima exposto, reduzir a duração e diminuir o grau de desequilíbrio nos saldos de pagamentos internacionais dos membros.
O Fundo deve ser orientado em todas as suas políticas e decisões pelos propósitos estabelecidos neste Artigo.
Artigo II: Associação.
1. Membros originais.
2. Outros membros.
Seção 1. Membros originais.
Os membros originais do Fundo serão os dos países representados na Conferência Monetária e Financeira das Nações Unidas, cujos governos aceitam a adesão antes de 31 de dezembro de 1945.
Seção 2. Outros membros.
A adesão deve estar aberta a outros países em tais horários e de acordo com os termos que possam ser prescritos pelo Conselho de Governadores. Esses termos, incluindo os termos para assinaturas, devem basear-se em princípios consistentes com os aplicados a outros países que já são membros.
Artigo III: Quotas e Assinaturas.
1. Cotas e pagamento de assinaturas.
2. Ajuste das cotas.
3. Pagamentos quando as cotas são alteradas.
4. Substituição de valores mobiliários por moeda.
Seção 1. Cotas e pagamento de assinaturas.
Cada membro receberá uma quota expressa em direitos especiais de desenho. As quotas dos membros representados na Conferência Monetária e Financeira das Nações Unidas que aceitam a adesão antes de 31 de dezembro de 1945 serão as estabelecidas no Anexo A. As cotas de outros membros serão determinadas pelo Conselho de Governadores. A subscrição de cada membro será igual à sua quota e será paga integralmente ao Fundo no depósito apropriado.
Seção 2. Ajuste das cotas.
(a) O Conselho de Governadores deve, a intervalos de, não mais de cinco anos, proceder a uma revisão geral, e se considerar apropriado propor um ajustamento das quotas dos membros. Também pode, se julgar oportuno, considerar em qualquer outro momento o ajuste de qualquer contingente específico a pedido do membro em questão. (b) O Fundo pode, em qualquer momento, propor um aumento nas cotas dos membros do Fundo que foram membros em 31 de agosto de 1975, proporcionalmente às suas cotas naquela data, em um valor acumulado não Art. II, Sec. 1-2 Art. III, Sec. 1-2 II. Associação; III. Quotas e Subscrições 4 em excesso dos valores transferidos de acordo com o Artigo V, Seção 12 (f) (i) e (j) da Conta de Desembolso Especial para a Conta de Recursos Gerais. (c) Será necessária uma maioria de oitenta e cinco por cento do total de poder de voto para qualquer alteração nas cotas. (d) A quota de um membro não deve ser alterada até que o membro tenha consentido e até que o pagamento tenha sido feito, a menos que o pagamento seja considerado como feito de acordo com a Seção 3 (b) deste Artigo.
Seção 3. Pagamentos quando as cotas são alteradas.
(a) Cada membro que consinta um aumento na sua quota de acordo com a Seção 2 (a) deste Artigo deverá, no prazo fixado pelo Fundo, pagar ao Fundo vinte e cinco por cento do aumento de direitos de saque especiais, mas o O Conselho de Governadores pode prescrever que este pagamento pode ser feito, na mesma base para todos os membros, no todo ou em parte nas moedas de outros membros especificados, com a sua concordância, pelo Fundo ou na própria moeda do membro. Um não participante deve pagar nas moedas de outros membros especificados pelo Fundo, com a sua concordância, uma proporção do aumento correspondente à proporção a ser paga em direitos de saque especiais pelos participantes. O saldo do aumento será pago pelo membro em sua própria moeda. As participações do Fundo na moeda de um membro não devem ser aumentadas acima do nível em que estarão sujeitos a cobrança nos termos do Artigo V, Seção 8 (b) (ii), como resultado de pagamentos por outros membros ao abrigo desta provisão. (b) Cada membro que consinta um aumento da sua quota nos termos da Secção 2 (b) deste Artigo será considerado como tendo pago ao Fundo um montante de subscrição igual a tal aumento. (c) Se um membro concordar com uma redução em sua cota, o Fundo deverá, dentro de sessenta dias, pagar ao membro um valor igual à redução. O pagamento deve ser feito na moeda do membro e no montante de direitos de saque especiais ou as moedas de outros membros especificados, com a sua concordância, pelo Fundo, como é necessário para evitar a redução das participações do Fundo da moeda abaixo da nova cota , desde que, em circunstâncias excepcionais, o Fundo possa reduzir suas participações da moeda abaixo da nova cota mediante pagamento ao membro em sua própria moeda. (d) Será requerida uma maioria de 70% do total de poder de voto para qualquer decisão em (a) acima, exceto para a determinação de um período e a especificação de moedas de acordo com essa provisão.
Seção 4. Substituição de valores mobiliários por moeda.
O Fundo deve aceitar de qualquer membro, em lugar de qualquer parte da moeda do membro na Conta de Recursos Gerais que, a juízo do Fundo, não for necessária para suas operações e transações, notas ou obrigações similares emitidas pelo membro ou pelo depositário designado pelo membro nos termos do Artigo XIII, Seção 2, que não será negociável, sem juros e pagável pelo seu valor nominal sob demanda, creditando a conta do Fundo no depositário designado. Esta Seção aplica-se não apenas à moeda subscrita pelos membros, mas também a qualquer moeda de outra forma devida ou adquirida pelo Fundo e a ser colocada na Conta de Recursos Gerais.
Artigo IV: Obrigações relativas aos acordos de câmbio.
1. Obrigações gerais dos membros.
2. Arranjos gerais de troca.
3. Vigilância sobre os acordos de troca.
5. Separar moedas dentro dos territórios de um membro.
Seção 1. Obrigações gerais dos membros.
Reconhecendo que o objetivo essencial do sistema monetário internacional é fornecer uma estrutura que facilite o intercâmbio de bens, serviços e capital entre os países, e que sustente um sólido crescimento econômico e que um dos principais objetivos é o desenvolvimento contínuo das condições subjacentes ordenadas que são necessários para a estabilidade financeira e econômica, cada membro compromete-se a colaborar com o Fundo e outros membros para assegurar arranjos de troca ordenados e promover um sistema estável de taxas de câmbio. Em particular, cada membro deve:
(i) esforçar-se para dirigir suas políticas econômicas e financeiras para o objetivo de promover um crescimento econômico ordenado com uma razoável estabilidade de preços, tendo em conta suas circunstâncias; (ii) procurar promover a estabilidade, promovendo condições econômicas e financeiras subjacentes ordenadas e um sistema monetário que não tende a produzir rupturas erráticas; (iii) evitar manipular as taxas de câmbio ou o sistema monetário internacional, a fim de evitar ajustes efetivos na balança de pagamentos ou obter uma vantagem competitiva injusta em relação aos demais membros; e (iv) seguir políticas de câmbio compatíveis com os empreendimentos ao abrigo desta Seção.
Seção 2. Disposições gerais de troca.
(a) Cada membro deve notificar o Fundo, no prazo de trinta dias a contar da data da segunda alteração do presente Acordo, das disposições cambiais que pretende aplicar no cumprimento das suas obrigações nos termos da Seção 1 deste Artigo e deverá notificar prontamente o Fundo de quaisquer alterações nos seus acordos de troca. (b) De acordo com um sistema monetário internacional do tipo que prevaleceu em 1º de janeiro de 1976, os acordos cambiais podem incluir (i) a manutenção por um membro de um valor para sua moeda em termos do direito de desenho especial ou outro denominador, diferente do ouro , selecionados pelo membro, ou (ii) acordos de cooperação pelos quais os membros mantenham o valor de suas moedas em relação ao valor da moeda ou moedas de outros membros, ou (iii) outros mecanismos de troca de escolha de um membro. (c) De acordo com o desenvolvimento do sistema monetário internacional, o Fundo, por uma maioria de oitenta e cinco por cento do total de poder de voto, pode prever acordos gerais de troca sem limitar o direito de os membros terem acordos de troca de sua escolha de acordo com os propósitos do Fundo e as obrigações previstas na Seção 1 deste Artigo.
Seção 3. Vigilância sobre os acordos de troca.
(a) O Fundo deve supervisionar o sistema monetário internacional, a fim de garantir a sua efetiva operação e supervisionar a conformidade de cada membro com as obrigações que lhe incumbem por força da Seção 1 deste Artigo. (b) Para cumprir as suas funções previstas na alínea a) acima, o Fundo deve exercer uma vigilância firme sobre as políticas cambiais dos membros e deve adotar princípios específicos para orientação de todos os membros em relação a essas políticas. Cada membro deve fornecer ao Fundo as informações necessárias para essa vigilância e, quando solicitado pelo Fundo, deverá consultá-lo nas políticas de taxa de câmbio do membro. Os princípios adotados pelo Fundo devem ser consistentes com os acordos de cooperação pelos quais os membros mantenham o valor de suas moedas em relação ao valor da moeda ou moedas de outros membros, bem como com outros mecanismos de troca de escolha de um membro consistentes com os propósitos do Fundo e da Seção 1 deste artigo. Esses princípios devem respeitar as políticas sociais e políticas domésticas dos membros e, ao aplicar esses princípios, o Fundo deve ter em devida conta as circunstâncias dos membros.
Seção 4. Valores par.
O Fundo pode determinar, por uma maioria de oitenta e cinco por cento do total de poder de voto, que as condições econômicas internacionais permitem a introdução de um amplo sistema de mecanismos de troca baseado em valores par, estáveis e ajustáveis. O Fundo fará a determinação com base na estabilidade subjacente da economia mundial e, para esse fim, terá em conta os movimentos de preços e as taxas de expansão nas economias dos membros. A determinação deve ser feita à luz da evolução do sistema monetário internacional, com especial referência às fontes de liquidez e, para assegurar o funcionamento efetivo de um sistema de valores par, aos acordos em que os membros em superávit e os membros em déficit em seus saldos de pagamentos, adotem ações rápidas, efetivas e simétricas para alcançar o ajuste, bem como os mecanismos de intervenção e o tratamento de desequilíbrios. Ao fazer tal determinação, o Fundo notificará os membros de que as disposições do Anexo C se aplicam.
Seção 5. Separar moedas nos territórios de um membro.
(a) A ação de um membro em relação à sua moeda ao abrigo deste Artigo será considerada aplicável às moedas separadas de todos os territórios em relação aos quais o membro aceitou o presente Contrato nos termos do Artigo XXXI, Seção 2 (g), a menos que o membro declare que sua ação se refere apenas à moeda metropolitana, ou apenas a uma ou mais moedas separadas especificadas, ou à moeda metropolitana e uma ou mais moedas separadas especificadas. (b) A ação do Fundo nos termos do presente artigo será considerada como relacionada a todas as moedas de um membro referido na alínea (a) acima, a menos que o Fundo declare o contrário.
Artigo V: Operações e Transações do Fundo.
1. Agências que lidam com o Fundo.
2. Limitação nas operações e operações do Fundo.
3. Condições que regem o uso dos recursos gerais do Fundo.
4. Renúncia de condições.
5. Não elegibilidade para usar os recursos gerais do Fundo.
6. Outras compras e vendas de direitos de saque especiais pelo Fundo.
7. Recompra por um membro da sua moeda detida pelo Fundo.
11. Manutenção de valor.
12. Outras operações e transações.
Seção 1. Agências que lidam com o Fundo.
Cada membro deve lidar com o Fundo apenas por meio de seu Tesouro, banco central, fundo de estabilização ou outra agência fiscal similar, e o Fundo deve negociar apenas com ou através das mesmas agências.
Seção 2. Limitação nas operações e transações do Fundo.
(a) Salvo disposição em contrário deste Contrato, as transações na conta do Fundo serão limitadas a transações com a finalidade de fornecer um membro, por iniciativa de tal membro, com direitos de saque especiais ou as moedas de outros membros do recursos gerais do Fundo, que serão realizados na Conta de Recursos Gerais, em troca da moeda do membro que deseja fazer a compra. (b) Se solicitado, o Fundo pode decidir executar serviços financeiros e técnicos, incluindo a administração de recursos contribuídos pelos membros, que sejam consistentes com os objetivos do Fundo. As operações envolvidas no desempenho de tais serviços financeiros não serão da conta do Fundo. Os serviços ao abrigo desta subseção não devem impor nenhuma obrigação a um membro sem o seu consentimento.
Seção 3. Condições que regem o uso dos recursos gerais do Fundo.
(a) O Fundo deve adotar políticas sobre o uso de seus recursos gerais, incluindo políticas em stand-by ou acordos similares, e pode adotar políticas especiais para problemas especiais de balança de pagamentos, que ajudarão os membros a resolver seus problemas de balança de pagamentos em de acordo com as disposições do presente Acordo e que estabelecerá salvaguardas adequadas para o uso temporário dos recursos gerais do Fundo. (b) O membro tem direito a comprar as moedas de outros membros do Fundo em troca de um montante equivalente da sua própria moeda, sujeito às seguintes condições:
(i) o uso dos recursos gerais do Fundo pelo membro seria de acordo com as disposições deste Contrato e as políticas adotadas sob eles; (ii) o membro representa que é necessário fazer a compra por causa de sua balança de pagamentos ou de sua posição de reserva ou desenvolvimentos em suas reservas; (iii) a compra proposta seria uma compra de parcela de reserva, ou não faria com que as participações do Fundo da moeda do membro comprador excedessem duzentos por cento da sua cota; (iv) o Fundo não declarou anteriormente, nos termos da Seção 5 deste Artigo, do Artigo VI, Seção 1 ou do Artigo XXVI, Seção 2 (a), que o membro que deseja comprar não é elegível para usar os recursos gerais do Fundo. (c) O Fundo examinará um pedido de compra para determinar se a compra proposta seria consistente com as disposições deste Contrato e as políticas adotadas ao abrigo deles, desde que os pedidos de compras na parcela de reserva não sejam sujeitos a impugnação. (d) O Fundo deve adotar políticas e procedimentos sobre a seleção das moedas a serem vendidas que levem em consideração, em consulta com os membros, a balança de pagamentos e a posição de reserva dos membros e a evolução nos mercados cambiais, bem como a conveniência de promovendo, ao longo do tempo, posições equilibradas no Fundo, desde que, se um membro declara que está propondo comprar a moeda de outro membro, porque o membro comprador deseja obter um montante equivalente da sua própria moeda oferecido pelo outro membro, terá direito para comprar a moeda do outro membro, a menos que o Fundo tenha notificado, nos termos da Seção 3 do Artigo VII, que suas participações na moeda se tornaram escassas. (e) (i) Cada membro deve garantir que os saldos da sua moeda comprada do Fundo sejam saldos de uma moeda livremente utilizável ou podem ser trocados no momento da compra por uma moeda livremente utilizável de sua escolha a uma taxa de câmbio entre os dois moedas equivalentes à taxa de câmbio entre eles com base no Artigo XIX, Seção 7 (a). (ii) Cada membro cuja moeda é comprada do Fundo ou obtido em troca de moeda comprada do Fundo deve colaborar com o Fundo e outros membros para permitir que esses saldos de sua moeda sejam trocados, no momento da compra, para a Moedas livremente utilizáveis de outros membros. (iii) Uma troca abaixo (i) acima de uma moeda que não é livremente utilizável deve ser feita pelo membro cuja moeda é comprada, a menos que esse membro e o membro comprador concordem com outro procedimento. (iv) Um membro comprando do Fundo a moeda livremente utilizável de outro membro e que deseja trocá-lo no momento da compra por outra moeda livremente utilizável deve fazer a troca com o outro membro se solicitado por esse membro. A troca deve ser feita para uma moeda livremente utilizável selecionada pelo outro membro com a taxa de câmbio referida no (i) acima. (f) De acordo com as políticas e procedimentos que deve adotar, o Fundo pode concordar em fornecer um participante efetuando uma compra de acordo com esta Seção com direitos de saque especiais em vez das moedas de outros membros.
Seção 4. Renúncia de condições.
O Fundo pode, a seu critério, e em termos que protejam seus interesses, renunciar a qualquer das condições prescritas na Seção 3 (b) (iii) e (iv) deste Artigo, especialmente no caso de membros com registro de evitar grandes ou uso contínuo dos recursos gerais do Fundo. Ao renunciar, deve levar em consideração os requisitos periódicos ou excepcionais do membro que solicita a renúncia. O Fundo também deve levar em consideração a vontade de um membro de se comprometer como garantia de garantia de ativos aceitáveis com um valor suficiente na opinião do Fundo para proteger seus interesses e pode exigir, como condição de renúncia, o penhor de tal garantia colateral.
Seção 5. Inigibilidade para usar os recursos gerais do Fundo.
Sempre que o Fundo considerar que qualquer membro está a utilizar os recursos gerais do Fundo de forma contrária aos fins do Fundo, deve apresentar ao membro um relatório que indique os pontos de vista do Fundo e prescreva um horário adequado para resposta. Depois de apresentar esse relatório a um membro, o Fundo pode limitar o uso de seus recursos gerais pelo membro. Se nenhuma resposta ao relatório for recebida do membro dentro do prazo prescrito, ou se a resposta recebida for insatisfatória, o Fundo poderá continuar a limitar o uso dos recursos gerais do Fundo pelo membro ou poderá, após ter notificado razoavelmente o membro , declará-lo inelegível para usar os recursos gerais do Fundo.
Seção 6. Outras compras e vendas de direitos de saque especiais pelo Fundo.
(a) O Fundo pode aceitar os direitos de saque especiais oferecidos por um participante em troca de um montante equivalente das moedas de outros membros. (b) O Fundo pode fornecer um participante, a seu pedido, com direitos de saque especiais para um montante equivalente das moedas de outros membros. As participações do Fundo na moeda de um membro não devem ser aumentadas como resultado dessas transações acima do nível em que as participações estarão sujeitas a cobrança nos termos da Seção 8 (b) (ii) deste Artigo. (c) As moedas fornecidas ou aceitas pelo Fundo de acordo com esta Seção serão selecionadas de acordo com políticas que levem em consideração os princípios da Seção 3 (d) ou 7 (i) deste Artigo. O Fundo pode entrar em transações sob esta seção somente se um membro cuja moeda é fornecida ou aceite pelo Fundo concorda com esse uso de sua moeda.
Seção 7. Recompra por um membro de sua moeda detida pelo Fundo.
(a) Um membro terá direito a recomprar, a qualquer momento, as participações do Fundo da sua moeda que estão sujeitas a taxas nos termos da Seção 8 (b) deste Artigo. (b) Um membro que efetuou uma compra nos termos da Seção 3 deste artigo será normalmente esperado, à medida que sua balança de pagamentos e posição de reserva melhorarem, para recomprar as participações do Fundo de sua moeda que resultam da compra e estão sujeitas a taxas abaixo Seção 8 (b) deste Artigo. Um membro deve recomprar essas participações se, de acordo com as políticas de recompra que o Fundo adote e após consulta ao membro, o Fundo representa para o membro que deve recomprar devido a uma melhoria em sua balança de pagamentos e posição de reserva. (c) Um membro que efetuou uma compra nos termos da Seção 3 deste Artigo deve recomprar as participações do Fundo de sua moeda que resulte da compra e estão sujeitas a taxas nos termos da Seção 8 (b) deste Artigo, o mais tardar cinco anos após a data em que a compra foi feita. O Fundo pode prescrever que a recompra será feita por um membro em parcelas durante o período que começa três anos e terminando cinco anos após a data da compra. O Fundo, por uma maioria de oitenta e cinco por cento do total de poder de voto, pode alterar os períodos de recompra nos termos desta subseção, e qualquer período assim aprovado será aplicável a todos os membros. (d) O Fundo, por uma maioria de oitenta e cinco por cento do poder de voto total, pode adotar períodos diferentes dos que se aplicam de acordo com (c) acima, que serão os mesmos para todos os membros, para a recompra de participações de moeda adquirida pelo Fundo de acordo com uma política especial sobre o uso de seus recursos gerais. (e) Um membro deve recomprar, de acordo com as políticas que o Fundo deve adotar por uma maioria de 70% do total de poder de voto, as participações do Fundo de sua moeda que não são adquiridas em decorrência de compras e estão sujeitas a encargos ao abrigo da Seção 8 (b) (ii) deste artigo. (f) Uma decisão que prescreva que, ao abrigo de uma política sobre a utilização dos recursos gerais do Fundo, o período de recompra nos termos (c) ou (d) acima deve ser menor do que aquele em vigor ao abrigo da política, apenas se aplica às participações adquiridas pelo Fundo após a data efetiva da decisão. ( g ) The Fund, on the request of a member, may postpone the date of discharge of a repurchase obligation, but not beyond the maximum period under ( c ) or ( d ) above or under policies adopted by the Fund under ( e ) above, unless the Fund determines, by a seventy percent majority of the total voting power, that a longer period for repurchase which is consistent with the temporary use of the general resources of the Fund is justified because discharge on the due date would result in exceptional hardship for the member. ( h ) The Fund's policies under Section 3( d ) of this Article may be supplemented by policies under which the Fund may decide after consultation with a member to sell under Section 3( b ) of this Article its holdings of the member's currency that have not been repurchased in accordance with this Section 7, without prejudice to any action that the Fund may be authorized to take under any other provision of this Agreement. ( i ) All repurchases under this Section shall be made with special drawing rights or with the currencies of other members specified by the Fund. The Fund shall adopt policies and procedures with regard to the currencies to be used by members in making repurchases that take into account the principles in Section 3( d ) of this Article. The Fund's holdings of a member's currency that is used in repurchase shall not be increased by the repurchase above the level at which they would be subject to charges under Section 8( b )(ii) of this Article. ( j ) (i) If a member's currency specified by the Fund under ( i ) above is not a freely usable currency, the member shall ensure that the repurchasing member can obtain it at the time of the repurchase in exchange for a freely usable currency selected by the member whose currency has been specified. An exchange of currency under this provision shall take place at an exchange rate between the two currencies equivalent to the exchange rate between them on the basis of Article XIX, Section 7( a ). (ii) Each member whose currency is specified by the Fund for repurchase shall collaborate with the Fund and other members to enable repurchasing members, at the time of the repurchase, to obtain the specified currency in exchange for the freely usable currencies of other members. (iii) An exchange under ( j )(i) above shall be made with the member whose currency is specified unless that member and the repurchasing member agree on another procedure. (iv) If a repurchasing member wishes to obtain, at the time of the repurchase, the freely usable currency of another member specified by the Fund under ( i ) above, it shall, if requested by the other member, obtain the currency from the other member in exchange for a freely usable currency at the rate of exchange referred to in ( j )(i) above. The Fund may adopt regulations on the freely usable currency to be provided in an exchange.
Section 8. Charges.
( a ) (i) The Fund shall levy a service charge on the purchase by a member of special drawing rights or the currency of another member held in the General Resources Account in exchange for its own currency, provided that the Fund may levy a lower service charge on reserve tranche purchases than on other purchases. The service charge on reserve tranche purchases shall not exceed one-half of one percent. (ii) The Fund may levy a charge for stand-by or similar arrangements. The Fund may decide that the charge for an arrangement shall be offset against the service charge levied under (i) above on purchases under the arrangement. ( b ) The Fund shall levy charges on its average daily balances of a member's currency held in the General Resources Account to the extent that they.
(i) have been acquired under a policy that has been the subject of an exclusion under Article XXX( c ), or (ii) exceed the amount of the member's quota after excluding any balances referred to in (i) above. The rates of charge normally shall rise at intervals during the period in which the balances are held. ( c ) If a member fails to make a repurchase required under Section 7 of this Article, the Fund, after consultation with the member on the reduction of the Fund's holdings of its currency, may impose such charges as the Fund deems appropriate on its holdings of the member's currency that should have been repurchased. ( d ) A seventy percent majority of the total voting power shall be required for the determination of the rates of charge under ( a ) and ( b ) above, which shall be uniform for all members, and under ( c ) above. ( e ) A member shall pay all charges in special drawing rights, provided that in exceptional circumstances the Fund may permit a member to pay charges in the currencies of other members specified by the Fund, after consultation with them, or in its own currency. The Fund's holdings of a member's currency shall not be increased as a result of payments by other members under this provision above the level at which they would be subject to charges under ( b )(ii) above.
Section 9. Remuneration.
( a ) The Fund shall pay remuneration on the amount by which the percentage of quota prescribed under ( b ) or ( c ) below exceeds the Fund's average daily balances of a member's currency held in the General Resources Account other than balances acquired under a policy that has been the subject of an exclusion under Article XXX( c ). The rate of remuneration, which shall be determined by the Fund by a seventy percent majority of the total voting power, shall be the same for all members and shall be not more than, nor less than four-fifths of, the rate of interest under Article XX, Section 3. In establishing the rate of remuneration, the Fund shall take into account the rates of charge under Article V, Section 8( b ). ( b ) The percentage of quota applying for the purposes of ( a ) above shall be:
(i) for each member that became a member before the second amendment of this Agreement, a percentage of quota corresponding to seventy-five percent of its quota on the date of the second amendment of this Agreement, and for each member that became a member after the date of the second amendment of this Agreement, a percentage of quota calculated by dividing the total of the amounts corresponding to the percentages of quota that apply to the other members on the date on which the member became a member by the total of the quotas of the other members on the same date; plus (ii) the amounts it has paid to the Fund in currency or special drawing rights under Article III, Section 3( a ) since the date applicable under (b )(i) above; and minus (iii) the amounts it has received from the Fund in currency or special drawing rights under Article III, Section 3( c ) since the date applicable under ( b )(i) above. ( c ) The Fund, by a seventy percent majority of the total voting power, may raise the latest percentage of quota applying for the purposes of ( a ) above to each member to:
(i) a percentage, not in excess of one hundred percent, that shall be determined for each member on the basis of the same criteria for all members, or (ii) one hundred percent for all members. ( d ) Remuneration shall be paid in special drawing rights, provided that either the Fund or the member may decide that the payment to the member shall be made in its own currency.
Section 10. Computations.
( a ) The value of the Fund's assets held in the accounts of the General Department shall be expressed in terms of the special drawing right. ( b ) All computations relating to currencies of members for the purpose of applying the provisions of this Agreement, except Article IV and Schedule C, shall be at the rates at which the Fund accounts for these currencies in accordance with Section 11 of this Article. ( c ) Computations for the determination of amounts of currency in relation to quota for the purpose of applying the provisions of this Agreement shall not include currency held in the Special Disbursement Account or in the Investment Account.
Section 11. Maintenance of value.
( a ) The value of the currencies of members held in the General Resources Account shall be maintained in terms of the special drawing right in accordance with exchange rates under Article XIX, Section 7( a ). ( b ) An adjustment in the Fund's holdings of a member's currency pursuant to this Section shall be made on the occasion of the use of that currency in an operation or transaction between the Fund and another member and at such other times as the Fund may decide or the member may request. Payments to or by the Fund in respect of an adjustment shall be made within a reasonable time, as determined by the Fund, after the date of adjustment, and at any other time requested by the member.
Section 12. Other operations and transactions.
( a) The Fund shall be guided in all its policies and decisions under this Section by the objectives set forth in Article VIII, Section 7 and by the objective of avoiding the management of the price, or the establishment of a fixed price, in the gold market. ( b ) Decisions of the Fund to engage in operations or transactions under ( c ), ( d ), and ( e ) below shall be made by an eighty-five percent majority of the total voting power. ( c ) The Fund may sell gold for the currency of any member after consulting the member for whose currency the gold is sold, provided that the Fund's holdings of a member's currency held in the General Resources Account shall not be increased by the sale above the level at which they would be subject to charges under Section 8( b )(ii) of this Article without the concurrence of the member, and provided that, at the request of the member, the Fund at the time of sale shall exchange for the currency of another member such part of the currency received as would prevent such an increase. The exchange of a currency for the currency of another member shall be made after consultation with that member, and shall not increase the Fund's holdings of that member's currency above the level at which they would be subject to charges under Section 8( b )(ii) of this Article. The Fund shall adopt policies and procedures with regard to exchanges that take into account the principles applied under Section 7( i ) of this Article. Sales under this provision to a member shall be at a price agreed for each transaction on the basis of prices in the market. ( d ) The Fund may accept payments from a member in gold instead of special drawing rights or currency in any operations or transactions under this Agreement. Payments to the Fund under this provision shall be at a price agreed for each operation or transaction on the basis of prices in the market. ( e ) The Fund may sell gold held by it on the date of the second amendment of this Agreement to those members that were members on August 31, 1975 and that agree to buy it, in proportion to their quotas on that date. If the Fund intends to sell gold under ( c ) above for the purpose of ( f )(ii) below, it may sell to each developing member that agrees to buy it that portion of the gold which, if sold under ( c ) above, would have produced the excess that could have been distributed to it under ( f )(iii) below. The gold that would be sold under this provision to a member that has been declared ineligible to use the general resources of the Fund under Section 5 of this Article shall be sold to it when the ineligibility ceases, unless the Fund decides to make the sale sooner. The sale of gold to a member under this subsection ( e ) shall be made in exchange for its currency and at a price equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold. ( f ) Whenever under ( c ) above the Fund sells gold held by it on the date of the second amendment of this Agreement, an amount of the proceeds equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold shall be placed in the General Resources Account and, except as the Fund may decide otherwise under ( g ) below, any excess shall be held in the Special Disbursement Account. The assets held in the Special Disbursement Account shall be held separately from the other accounts of the General Department, and may be used at any time:
(i) to make transfers to the General Resources Account for immediate use in operations and transactions authorized by provisions of this Agreement other than this Section; (ii) for operations and transactions that are not authorized by other provisions of this Agreement but are consistent with the purposes of the Fund. Under this subsection ( f ) (ii) balance of payments assistance may be made available on special terms to developing members in difficult circumstances, and for this purpose the Fund shall take into account the level of per capita income; (iii) for distribution to those developing members that were members on August 31, 1975, in proportion to their quotas on that date, of such part of the assets that the Fund decides to use for the purposes of (ii) above as corresponds to the proportion of the quotas of these members on the date of distribution to the total of the quotas of all members on the same date, provided that the distribution under this provision to a member that has been declared ineligible to use the general resources of the Fund under Section 5 of this Article shall be made when the ineligibility ceases, unless the Fund decides to make the distribution sooner. Decisions to use assets pursuant to (i) above shall be taken by a seventy percent majority of the total voting power, and decisions pursuant to (ii) and (iii) above shall be taken by an eighty-five percent majority of the total voting power. ( g ) The Fund may decide, by an eighty-five percent majority of the total voting power, to transfer a part of the excess referred to in ( f ) above to the Investment Account for use pursuant to the provisions of Article XII, Section 6( f ). ( h ) ) Pending uses specified under ( f ) above, the Fund may use a member's currency held in the Special Disbursement Account for investment as it may determine, in accordance with rules and regulations adopted by the Fund by a seventy percent majority of the total voting power. The income of investment and interest received under ( f ) (ii) above shall be placed in the Special Disbursement Account. ( i ) The General Resources Account shall be reimbursed from time to time in respect of the expenses of administration of the Special Disbursement Account paid from the General Resources Account by transfers from the Special Disbursement Account on the basis of a reasonable estimate of such expenses. ( j ) The Special Disbursement Account shall be terminated in the event of the liquidation of the Fund and may be terminated prior to liquidation of the Fund by a seventy percent majority of the total voting power. Upon termination of the account because of the liquidation of the Fund, any assets in this account shall be distributed in accordance with the provisions of Schedule K. Upon termination prior to liquidation of the Fund, any assets in this account shall be transferred to the General Resources Account for immediate use in operations and transactions. The Fund, by a seventy percent majority of the total voting power, shall adopt rules and regulations for the administration of the Special Disbursement Account. ( k ) Whenever under ( c ) above the Fund sells gold acquired by it after the date of the second amendment of this Agreement, an amount of the proceeds equivalent to the acquisition price of the gold shall be placed in the General Resources Account, and any excess shall be placed in the Investment Account for use pursuant to the provisions of Article XII, Section 6( f ). If any gold acquired by the Fund after the date of the second amendment of this Agreement is sold after April 7, 2008 but prior to the date of entry into force of this provision, then, upon the entry into force of this provision, and notwithstanding the limit set forth in Article XII, Section 6( f )(ii), the Fund shall transfer to the Investment Account from the General Resources Account an amount equal to the proceeds of such sale less (i) the acquisition price of the gold sold, and (ii) any amount of such proceeds in excess of the acquisition price that may have already been transferred to the Investment Account prior to the date of entry into force of this provision.
Article VI: Capital Transfers.
1. Use of the Fund's general resources for capital transfers.
2. Special provisions for capital transfers.
3. Controls of capital transfers.
Section 1 Use of the Fund's general resources for capital transfers.
( a ) A member may not use the Fund's general resources to meet a large or sustained outflow of capital except as provided in Section 2 of this Article, and the Fund may request a member to exercise controls to prevent such use of the general resources of the Fund. If, after receiving such a request, a member fails to exercise appropriate controls, the Fund may declare the member ineligible to use the general resources of the Fund. ( b ) Nothing in this Section shall be deemed:
(i) to prevent the use of the general resources of the Fund for capital transactions of reasonable amount required for the expansion of exports or in the ordinary course of trade, banking, or other business; or (ii) to affect capital movements which are met out of a member's own resources, but members undertake that such capital movements will be in accordance with the purposes of the Fund.
Section 2 Special provisions for capital transfers.
A member shall be entitled to make reserve tranche purchases to meet capital transfers.
Section 3 Controls of capital transfers.
Members may exercise such controls as are necessary to regulate international capital movements, but no member may exercise these controls in a manner which will restrict payments for current transactions or which will unduly delay transfers of funds in settlement of commitments, except as provided in Article VII, Section 3( b ) and in Article XIV, Section 2.
Article VII: Replenishment and Scarce Currencies.
1. Measures to replenish the Fund's holdings of currencies.
2. General scarcity of currency.
3. Scarcity of the Fund's holdings.
4. Administration of restrictions.
5. Effect of other international agreements on restrictions.
Section 1. Measures to replenish the Fund's holdings of currencies.
The Fund may, if it deems such action appropriate to replenish its holdings of any member's currency in the General Resources Account needed in connection with its transactions, take either or both of the following steps:
(i) propose to the member that, on terms and conditions agreed between the Fund and the member, the latter lend its currency to the Fund or that, with the concurrence of the member, the Fund borrow such currency from some other source either within or outside the territories of the member, but no member shall be under any obligation to make such loans to the Fund or to concur in the borrowing of its currency by the Fund from any other source; (ii) require the member, if it is a participant, to sell its currency to the Fund for special drawing rights held in the General Resources Account, subject to Article XIX, Section 4. In replenishing with special drawing rights, the Fund shall pay due regard to the principles of designation under Article XIX, Section 5.
Section 2. General scarcity of currency.
If the Fund finds that a general scarcity of a particular currency is developing, the Fund may so inform members and may issue a report setting forth the causes of the scarcity and containing recommendations designed to bring it to an end. A representative of the member whose currency is involved shall participate in the preparation of the report.
Section 3. Scarcity of the Fund's holdings.
( a ) If it becomes evident to the Fund that the demand for a member's currency seriously threatens the Fund's ability to supply that currency, the Fund, whether or not it has issued a report under Section 2 of this Article, shall formally declare such currency scarce and shall thenceforth apportion its existing and accruing supply of the scarce currency with due regard to the relative needs of members, the general international economic situation, and any other pertinent considerations. The Fund shall also issue a report concerning its action. ( b ) A formal declaration under ( a ) above shall operate as an authorization to any member, after consultation with the Fund, temporarily to impose limitations on the freedom of exchange operations in the scarce currency. Subject to the provisions of Article IV and Schedule C, the member shall have complete jurisdiction in determining the nature of such limitations, but they shall be no more restrictive than is necessary to limit the demand for the scarce currency to the supply held by, or accruing to, the member in question, and they shall be relaxed and removed as rapidly as conditions permit. ( c ) The authorization under ( b ) above shall expire whenever the Fund formally declares the currency in question to be no longer scarce.
Section 4. Administration of restrictions.
Any member imposing restrictions in respect of the currency of any other member pursuant to the provisions of Section 3( b ) of this Article shall give sympathetic consideration to any representations by the other member regarding the administration of such restrictions.
Section 5. Effect of other international agreements on restrictions.
Members agree not to invoke the obligations of any engagements entered into with other members prior to this Agreement in such manner as will prevent the operation of the provisions of this Article.
Article VIII: General Obligations of Members.
2. Avoidance of restrictions on current payments.
3. Avoidance of discriminatory currency practices.
4. Convertibility of foreign-held balances.
5. Furnishing of information.
6. Consultation between members regarding existing international agreements.
7. Obligation to collaborate regarding policies on reserve assets.
Section 1. Introduction.
In addition to the obligations assumed under other articles of this Agreement, each member undertakes the obligations set out in this Article.
Section 2. Avoidance of restrictions on current payments.
( a ) Subject to the provisions of Article VII, Section 3( b ) and Article XIV, Section 2, no member shall, without the approval of the Fund, impose restrictions on the making of payments and transfers for current international transactions. ( b ) Exchange contracts which involve the currency of any member and which are contrary to the exchange control regulations of that member maintained or imposed consistently with this Agreement shall be unenforceable in the territories of any member. In addition, members may, by mutual accord, cooperate in measures for the purpose of making the exchange control regulations of either member more effective, provided that such measures and regulations are consistent with this Agreement.
Section 3. Avoidance of discriminatory currency practices.
No member shall engage in, or permit any of its fiscal agencies referred to in Article V, Section 1 to engage in, any discriminatory currency arrangements or multiple currency practices, whether within or outside margins under Article IV or prescribed by or under Schedule C, except as authorized under this Agreement or approved by the Fund. If such arrangements and practices are engaged in at the date when this Agreement enters into force, the member concerned shall consult with the Fund as to their progressive removal unless they are maintained or imposed under Article XIV, Section 2, in which case the provisions of Section 3 of that Article shall apply.
Section 4. Convertibility of foreign-held balances.
( a ) Each member shall buy balances of its currency held by another member if the latter, in requesting the purchase, represents:
(i) that the balances to be bought have been recently acquired as a result of current transactions; or (ii) that their conversion is needed for making payments for current transactions.
The buying member shall have the option to pay either in special drawing rights, subject to Article XIX, Section 4, or in the currency of the member making the request.
( b ) The obligation in ( a ) above shall not apply when:
(i) the convertibility of the balances has been restricted consistently with Section 2 of this Article or Article VI, Section 3; (ii) the balances have accumulated as a result of transactions effected before the removal by a member of restrictions maintained or imposed under Article XIV, Section 2; (iii) the balances have been acquired contrary to the exchange regulations of the member which is asked to buy them; (iv) the currency of the member requesting the purchase has been declared scarce under Article VII, Section 3( a ); or (v) the member requested to make the purchase is for any reason not entitled to buy currencies of other members from the Fund for its own currency.
Section 5. Furnishing of information.
( a ) The Fund may require members to furnish it with such information as it deems necessary for its activities, including, as the minimum necessary for the effective discharge of the Fund's duties, national data on the following matters:
(i) official holdings at home and abroad of (1) gold, (2) foreign exchange; (ii) holdings at home and abroad by banking and financial agencies, other than official agencies, of (1) gold, (2) foreign exchange; (iii) production of gold; (iv) gold exports and imports according to countries of destination and origin; (v) total exports and imports of merchandise, in terms of local currency values, according to countries of destination and origin; (vi) international balance of payments, including (1) trade in goods and services, (2) gold transactions, (3) known capital transactions, and (4) other items; (vii) international investment position, i. e., investments within the territories of the member owned abroad and investments abroad owned by persons in its territories so far as it is possible to furnish this information; (viii) national income; (ix) price indices, i. e., indices of commodity prices in wholesale and retail markets and of export and import prices; (x) buying and selling rates for foreign currencies; (xi) exchange controls, i. e., a comprehensive statement of exchange controls in effect at the time of assuming membership in the Fund and details of subsequent changes as they occur; and (xii) where official clearing arrangements exist, details of amounts awaiting clearance in respect of commercial and financial transactions, and of the length of time during which such arrears have been outstanding. ( b ) In requesting information the Fund shall take into consideration the varying ability of members to furnish the data requested. Members shall be under no obligation to furnish information in such detail that the affairs of individuals or corporations are disclosed. Members undertake, however, to furnish the desired information in as detailed and accurate a manner as is practicable and, so far as possible, to avoid mere estimates. ( c ) The Fund may arrange to obtain further information by agreement with members. It shall act as a centre for the collection and exchange of information on monetary and financial problems, thus facilitating the preparation of studies designed to assist members in developing policies which further the purposes of the Fund.
Section 6. Consultation between members regarding existing international agreements.
Where under this Agreement a member is authorized in the special or temporary circumstances specified in the Agreement to maintain or establish restrictions on exchange transactions, and there are other engagements between members entered into prior to this Agreement which conflict with the application of such restrictions, the parties to such engagements shall consult with one another with a view to making such mutually acceptable adjustments as may be necessary. The provisions of this Article shall be without prejudice to the operation of Article VII, Section 5.
Section 7. Obligation to collaborate regarding policies on reserve assets.
Each member undertakes to collaborate with the Fund and with other members in order to ensure that the policies of the member with respect to reserve assets shall be consistent with the objectives of promoting better international surveillance of international liquidity and making the special drawing right the principal reserve asset in the international monetary system.
Article IX: Status, Immunities, and Privileges.
1. Purposes of Article.
2. Status of the Fund.
3. Immunity from judicial process.
4. Immunity from other action.
5. Immunity of archives.
6. Freedom of assets from restrictions.
7. Privilege for communications.
8. Immunities and privileges of officers and employees.
9. Immunities from taxation.
10. Application of Article.
Section 1. Purposes of Article.
To enable the Fund to fulfill the functions with which it is entrusted, the status, immunities, and privileges set forth in this Article shall be accorded to the Fund in the territories of each member.
Section 2. Purposes of Article.
The Fund shall possess full juridical personality, and in particular, the capacity:
Section 3. Immunity from judicial process.
The Fund, its property and its assets, wherever located and by whomsoever held, shall enjoy immunity from every form of judicial process except to the extent that it expressly waives its immunity for the purpose of any proceedings or by the terms of any contract.
Section 4. Immunity from other action.
Property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation, or any other form of seizure by executive or legislative action.
Section 5. Immunity of archives.
The archives of the Fund shall be inviolable.
Section 6. Freedom of assets from restrictions.
To the extent necessary to carry out the activities provided for in this Agreement, all property and assets of the Fund shall be free from restrictions, regulations, controls, and moratoria of any nature.
Section 7. Privilege for communications.
The official communications of the Fund shall be accorded by members the same treatment as the official communications of other members.
Section 8. Immunities and privileges of officers and employees.
All Governors, Executive Directors, Alternates, members of committees, representatives appointed under Article XII, Section 3( j ), advisors of any of the foregoing persons, officers, and employees of the Fund:
(i) shall be immune from legal process with respect to acts performed by them in their official capacity except when the Fund waives this immunity; (ii) not being local nationals, shall be granted the same immunities from immigration restrictions, alien registration requirements, and national service obligations and the same facilities as regards exchange restrictions as are accorded by members to the representatives, officials, and employees of comparable rank of other members; and (iii) shall be granted the same treatment in respect of traveling facilities as is accorded by members to representatives, officials, and employees of comparable rank of other members.
Section 9. Immunities from taxation.
( a ) The Fund, its assets, property, income, and its operations and transactions authorized by this Agreement shall be immune from all taxation and from all customs duties. The Fund shall also be immune from liability for the collection or payment of any tax or duty. ( b ) No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to Executive Directors, Alternates, officers, or employees of the Fund who are not local citizens, local subjects, or other local nationals. ( c ) No taxation of any kind shall be levied on any obligation or security issued by the Fund, including any dividend or interest thereon, by whomsoever held:
(i) which discriminates against such obligation or security solely because of its origin; or (ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Fund.
Section 10. Application of Article.
Each member shall take such action as is necessary in its own territories for the purpose of making effective in terms of its own law the principles set forth in this Article and shall inform the Fund of the detailed action which it has taken.
Article X: Relations with Other International Organizations.
The Fund shall cooperate within the terms of this Agreement with any general international organization and with public international organizations having specialized responsibilities in related fields. Any arrangements for such cooperation which would involve a modification of any provision of this Agreement may be effected only after amendment to this Agreement under Article XXVIII.
Article XI: Relations with Non-Member Countries.
1. Undertakings regarding relations with non-member countries.
2. Restrictions on transactions with non-member countries.
Section 1. Undertakings regarding relations with non-member countries.
Each member undertakes:
(i) not to engage in, nor to permit any of its fiscal agencies referred to in Article V, Section 1 to engage in, any transactions with a non-member or with persons in a nonmember's territories which would be contrary to the provisions of this Agreement or the purposes of the Fund; (ii) not to cooperate with a non-member or with persons in a non-member's territories in practices which would be contrary to the provisions of this Agreement or the purposes of the Fund; and (iii) to cooperate with the Fund with a view to the application in its territories of appropriate measures to prevent transactions with non-members or with persons in their territories which would be contrary to the provisions of this Agreement or the purposes of the Fund.
Section 2. Restrictions on transactions with non-member countries.
Nothing in this Agreement shall affect the right of any member to impose restrictions on exchange transactions with non-members or with persons in their territories unless the Fund finds that such restrictions prejudice the interests of members and are contrary to the purposes of the Fund.
Article XII: Organization and Management.
1. Structure of the Fund.
2. Board of Governors.
3. Executive Board.
4. Managing Director and staff.
6. Reserves, distribution of net income, and investment.
7. Publication of reports.
8. Communication of views to members.
Section 1. Structure of the Fund.
The Fund shall have a Board of Governors, an Executive Board, a Managing Director, and a staff, and a Council if the Board of Governors decides, by an eighty-five percent majority of the total voting power, that the provisions of Schedule D shall be applied.
Section 2. Board of Governors.
( a ) All powers under this Agreement not conferred directly on the Board of Governors, the Executive Board, or the Managing Director shall be vested in the Board of Governors. The Board of Governors shall consist of one Governor and one Alternate appointed by each member in such manner as it may determine. Each Governor and each Alternate shall serve until a new appointment is made. No Alternate may vote except in the absence of his principal. The Board of Governors shall select one of the Governors as Chairman. ( b ) The Board of Governors may delegate to the Executive Board authority to exercise any powers of the Board of Governors, except the powers conferred directly by this Agreement on the Board of Governors. ( c ) The Board of Governors shall hold such meetings as may be provided for by the Board of Governors or called by the Executive Board. Meetings of the Board of Governors shall be called whenever requested by fifteen members or by members having one-quarter of the total voting power. ( d ) A quorum for any meeting of the Board of Governors shall be a majority of the Governors having not less than two-thirds of the total voting power. ( e ) Each Governor shall be entitled to cast the number of votes allotted under Section 5 of this Article to the member appointing him. ( f ) The Board of Governors may by regulation establish a procedure whereby the Executive Board, when it deems such action to be in the best interests of the Fund, may obtain a vote of the Governors on a specific question without calling a meeting of the Board of Governors. ( g ) The Board of Governors, and the Executive Board to the extent authorized, may adopt such rules and regulations as may be necessary or appropriate to conduct the business of the Fund. ( h ) Governors and Alternates shall serve as such without compensation from the Fund, but the Fund may pay them reasonable expenses incurred in attending meetings. ( i ) The Board of Governors shall determine the remuneration to be paid to the Executive Directors and their Alternates and the salary and terms of the contract of service of the Managing Director. ( j ) The Board of Governors and the Executive Board may appoint such committees as they deem advisable. Membership of committees need not be limited to Governors or Executive Directors or their Alternates.
Section 3. Executive Board.
( a ) The Executive Board shall be responsible for conducting the business of the Fund, and for this purpose shall exercise all the powers delegated to it by the Board of Governors. ( b ) Subject to ( c ) below, the Executive Board shall consist of twenty Executive Directors elected by the members, with the Managing Director as chairman. ( c ) For the purpose of each regular election of Executive Directors, the Board of Governors, by an eighty-five percent majority of the total voting power, may increase or decrease the number of Executive Directors specified in ( b ) above. ( d ) Elections of Executive Directors shall be conducted at intervals of two years in accordance with regulations which shall be adopted by the Board of Governors. Such regulations shall include a limit on the total number of votes that more than one member may cast for the same candidate. ( e ) Each Executive Director shall appoint an Alternate with full power to act for him when he is not present, provided that the Board of Governors may adopt rules enabling an Executive Director elected by more than a specified number of members to appoint two Alternates. Such rules, if adopted, may only be modified in the context of the regular election of Executive Directors and shall require an Executive Director appointing two Alternates to designate: (i) the Alternate who shall act for the Executive Director when he is not present and both Alternates are present and (ii) the Alternate who shall exercise the powers of the Executive Director under ( f ) below. When the Executive Directors appointing them are present, Alternates may participate in meetings but may not vote. ( f ) Executive Directors shall continue in office until their successors are elected. If the office of an Executive Director becomes vacant more than ninety days before the end of his term, another Executive Director shall be elected for the remainder of the term by the members that elected the former Executive Director. A majority of the votes cast shall be required for election. While the office remains vacant, the Alternate of the former Executive Director shall exercise his powers, except that of appointing an Alternate. ( g ) The Executive Board shall function in continuous session at the principal office of the Fund and shall meet as often as the business of the Fund may require. ( h ) A quorum for any meeting of the Executive Board shall be a majority of the Executive Directors having not less than one-half of the total voting power. ( i ) Each Executive Director shall be entitled to cast the number of votes which counted towards his election. (i) When the provisions of Section 5( b ) of this Article are applicable, the votes which an Executive Director would otherwise be entitled to cast shall be increased or decreased correspondingly. All the votes which an Executive Director is entitled to cast shall be cast as a unit. (ii) When the suspension of the voting rights of a member is terminated under Article XXVI, Section 2( b ), the member may agree with all the members that have elected an Executive Director that the number of votes allotted to that member shall be cast by such Executive Director, provided that, if no regular election of Executive Directors has been conducted during the period of the suspension, the Executive Director in whose election the member had participated prior to the suspension, or his successor elected in accordance with paragraph 3( c )(i) of Schedule L or with ( f ) above, shall be entitled to cast the number of votes allotted to the member. The member shall be deemed to have participated in the election of the Executive Director entitled to cast the number of votes allotted to the member. ( j ) The Board of Governors shall adopt regulations under which a member may send a representative to attend any meeting of the Executive Board when a request made by, or a matter particularly affecting, that member is under consideration.
Section 4. Managing Director and staff.
( a ) The Executive Board shall select a Managing Director who shall not be a Governor or an Executive Director. The Managing Director shall be chairman of the Executive Board, but shall have no vote except a deciding vote in case of an equal division. He may participate in meetings of the Board of Governors, but shall not vote at such meetings. The Managing Director shall cease to hold office when the Executive Board so decides. ( b ) The Managing Director shall be chief of the operating staff of the Fund and shall conduct, under the direction of the Executive Board, the ordinary business of the Fund. Subject to the general control of the Executive Board, he shall be responsible for the organization, appointment, and dismissal of the staff of the Fund. ( c ) The Managing Director and the staff of the Fund, in the discharge of their functions, shall owe their duty entirely to the Fund and to no other authority. Each member of the Fund shall respect the international character of this duty and shall refrain from all attempts to influence any of the staff in the discharge of these functions. ( d ) In appointing the staff the Managing Director shall, subject to the paramount importance of securing the highest standards of efficiency and of technical competence, pay due regard to the importance of recruiting personnel on as wide a geographical basis as possible.
Section 5. Voting.
( a ) The total votes of each member shall be equal to the sum of its basic votes and its quota-based votes.
(i) The basic votes of each member shall be the number of votes that results from the equal distribution among all the members of 5.502 percent of the aggregate sum of the total voting power of all the members, provided that there shall be no fractional basic votes. (ii) The quota-based votes of each member shall be the number of votes that results from the allocation of one vote for each part of its quota equivalent to one hundred thousand special drawing rights. ( b ) Whenever voting is required under Article V, Section 4 or 5, each member shall have the number of votes to which it is entitled under ( a ) above adjusted.
(i) by the addition of one vote for the equivalent of each four hundred thousand special drawing rights of net sales of its currency from the general resources of the Fund up to the date when the vote is taken, or (ii) by the subtraction of one vote for the equivalent of each four hundred thousand special drawing rights of its net purchases under Article V, Section 3( b ) and ( f ) up to the date when the vote is taken, provided that neither net purchases nor net sales shall be deemed at any time to exceed an amount equal to the quota of the member involved. ( c ) Except as otherwise specifically provided, all decisions of the Fund shall be made by a majority of the votes cast.
Section 6. Reserves, distribution of net income, and investment.
( a ) The Fund shall determine annually what part of its net income shall be placed to general reserve or special reserve, and what part, if any, shall be distributed. ( b ) The Fund may use the special reserve for any purpose for which it may use the general reserve, except distribution. ( c ) If any distribution is made of the net income of any year, it shall be made to all members in proportion to their quotas. ( d ) The Fund, by a seventy percent majority of the total voting power, may decide at any time to distribute any part of the general reserve. Any such distribution shall be made to all members in proportion to their quotas. ( e ) Payments under ( c ) and ( d ) above shall be made in special drawing rights, provided that either the Fund or the member may decide that the payment to the member shall be made in its own currency. ( f ) (i) The Fund may establish an Investment Account for the purposes of this subsection ( f ). The assets of the Investment Account shall be held separately from the other accounts of the General Department. (ii) The Fund may decide to transfer to the Investment Account a part of the proceeds of the sale of gold in accordance with Article V, Section 12( g ) and, by a seventy percent majority of the total voting power, may decide to transfer to the Investment Account, for immediate investment, currencies held in the General Resources Account. The amount of these transfers shall not exceed the total amount of the general reserve and the special reserve at the time of the decision. (iii) The Fund may use a member's currency held in the Investment Account for investment as it may determine, in accordance with rules and regulations adopted by the Fund by a seventy percent majority of the total voting power. The rules and regulations adopted pursuant to this provision shall be consistent with (vii), (viii), and (ix) below. (iv) The income of investment may be invested in accordance with the provisions of this subsection ( f ). Income not invested shall be held in the Investment Account or may be used for meeting the expenses of conducting the business of the Fund. (v) The Fund may use a member's currency held in the Investment Account to obtain the currencies needed to meet the expenses of conducting the business of the Fund. (vi) The Investment Account shall be terminated in the event of liquidation of the Fund and may be terminated, or the amount of the investment may be reduced, prior to liquidation of the Fund by a seventy percent majority of the total voting power. (vii) Upon termination of the Investment Account because of liquidation of the Fund, any assets in this account shall be distributed in accordance with the provisions of Schedule K, provided that a portion of these assets corresponding to the proportion of the assets transferred to this account under Article V, Section 12( g ) to the total of the assets transferred to this account shall be deemed to be assets held in the Special Disbursement Account and shall be distributed in accordance with Schedule K, paragraph 2( a )(ii). (viii) Upon termination of the Investment Account prior to liquidation of the Fund, a portion of the assets held in this account corresponding to the proportion of the assets transferred to this account under Article V, Section 12( g ) to the total of the assets transferred to the account shall be transferred to the Special Disbursement Account if it has not been terminated, and the balance of the assets held in the Investment Account shall be transferred to the General Resources Account for immediate use in operations and transactions. (ix) On a reduction of the amount of the investment by the Fund, a portion of the reduction corresponding to the proportion of the assets transferred to the Investment Account under Article V, Section 12( g ) to the total of the assets transferred to this account shall be transferred to the Special Disbursement Account if it has not been terminated, and the balance of the reduction shall be transferred to the General Resources Account for immediate use in operations and transactions.
Section 7. Publication of reports.
( a ) The Fund shall publish an annual report containing an audited statement of its accounts, and shall issue, at intervals of three months or less, a summary statement of its operations and transactions and its holdings of special drawing rights, gold, and currencies of members. ( b ) The Fund may publish such other reports as it deems desirable for carrying out its purposes.
Section 8. Communication of views to members.
The Fund shall at all times have the right to communicate its views informally to any member on any matter arising under this Agreement. The Fund may, by a seventy percent majority of the total voting power, decide to publish a report made to a member regarding its monetary or economic conditions and developments which directly tend to produce a serious disequilibrium in the international balance of payments of members. The relevant member shall be entitled to representation in accordance with Section 3( j ) of this Article. The Fund shall not publish a report involving changes in the fundamental structure of the economic organization of members.
Article XIII: Offices and Depositories.
1. Location of offices.
3. Guarantee of the Fund's assets.
Section 1. Location of offices.
The principal office of the Fund shall be located in the territory of the member having the largest quota, and agencies or branch offices may be established in the territories of other members.
Section 2. Depositories.
( a ) Each member shall designate its central bank as a depository for all the Fund's holdings of its currency, or if it has no central bank it shall designate such other institution as may be acceptable to the Fund. ( b ) The Fund may hold other assets, including gold, in the depositories designated by the five members having the largest quotas and in such other designated depositories as the Fund may select. Initially, at least one-half of the holdings of the Fund shall be held in the depository designated by the member in whose territories the Fund has its principal office and at least forty percent shall be held in the depositories designated by the remaining four members referred to above. However, all transfers of gold by the Fund shall be made with due regard to the costs of transport and anticipated requirements of the Fund. In an emergency the Executive Board may transfer all or any part of the Fund's gold holdings to any place where they can be adequately protected.
Section 3. Guarantee of the Fund's assets.
Each member guarantees all assets of the Fund against loss resulting from failure or default on the part of the depository designated by it.
Article XIV: Transitional Arrangements.
1. Notification to the Fund.
2. Exchange restrictions.
3. Action of the Fund relating to restrictions.
Section 1. Notification to the Fund.
Each member shall notify the Fund whether it intends to avail itself of the transitional arrangements in Section 2 of this Article, or whether it is prepared to accept the obligations of Article VIII, Sections 2, 3, and 4. A member availing itself of the transitional arrangements shall notify the Fund as soon thereafter as it is prepared to accept these obligations.
Section 2. Exchange restrictions.
A member that has notified the Fund that it intends to avail itself of transitional arrangements under this provision may, notwithstanding the provisions of any other articles of this Agreement, maintain and adapt to changing circumstances the restrictions on payments and transfers for current international transactions that were in effect on the date on which it became a member. Members shall, however, have continuous regard in their foreign exchange policies to the purposes of the Fund, and, as soon as conditions permit, they shall take all possible measures to develop such commercial and financial arrangements with other members as will facilitate international payments and the promotion of a stable system of exchange rates. In particular, members shall withdraw restrictions maintained under this Section as soon as they are satisfied that they will be able, in the absence of such restrictions, to settle their balance of payments in a manner which will not unduly encumber their access to the general resources of the Fund.
Section 3. Action of the Fund relating to restrictions.
The Fund shall make annual reports on the restrictions in force under Section 2 of this Article. Any member retaining any restrictions inconsistent with Article VIII, Sections 2, 3, or 4 shall consult the Fund annually as to their further retention. The Fund may, if it deems such action necessary in exceptional circumstances, make representations to any member that conditions are favorable for the withdrawal of any particular restriction, or for the general abandonment of restrictions, inconsistent with the provisions of any other articles of this Agreement. The member shall be given a suitable time to reply to such representations. If the Fund finds that the member persists in maintaining restrictions which are inconsistent with the purposes of the Fund, the member shall be subject to Article XXVI, Section 2( a ).
Article XV: Special Drawing Rights.
1. Authority to allocate special drawing rights.
2. Valuation of the special drawing right.
Section 1. Authority to allocate special drawing rights.
( a ) To meet the need, as and when it arises, for a supplement to existing reserve assets, the Fund is authorized to allocate special drawing rights in accordance with the provisions of Article XVIII to members that are participants in the Special Drawing Rights Department./li> ( b ) In addition, the Fund shall allocate special drawing rights to members that are participants in the Special Drawing Rights Department in accordance with the provisions of Schedule M.
Section 2. Valuation of the special drawing right.
The method of valuation of the special drawing right shall be determined by the Fund by a seventy percent majority of the total voting power, provided, however, that an eighty-five percent majority of the total voting power shall be required for a change in the principle of valuation or a fundamental change in the application of the principle in effect.
Article XVI: General Department and Special Drawing Rights Department.
1. Separation of operations and transactions.
2. Separation of assets and property.
3. Recording and information.
Section 1. Separation of operations and transactions.
All operations and transactions involving special drawing rights shall be conducted through the Special Drawing Rights Department. All other operations and transactions on the account of the Fund authorized by or under this Agreement shall be conducted through the General Department. Operations and transactions pursuant to Article XVII, Section 2 shall be conducted through the General Department as well as the Special Drawing Rights Department.
Section 2. Separation of assets and property.
All assets and property of the Fund, except resources administered under Article V, Section 2( b ), shall be held in the General Department, provided that assets and property acquired under Article XX, Section 2 and Articles XXIV and XXV and Schedules H and I shall be held in the Special Drawing Rights Department. Any assets or property held in one Department shall not be available to discharge or meet the liabilities, obligations, or losses of the Fund incurred in the conduct of the operations and transactions of the other Department, except that the expenses of conducting the business of the Special Drawing Rights Department shall be paid by the Fund from the General Department which shall be reimbursed in special drawing rights from time to time by assessments under Article XX, Section 4 made on the basis of a reasonable estimate of such expenses.
Section 3. Recording and information.
All changes in holdings of special drawing rights shall take effect only when recorded by the Fund in the Special Drawing Rights Department. Participants shall notify the Fund of the provisions of this Agreement under which special drawing rights are used. The Fund may require participants to furnish it with such other information as it deems necessary for its functions.
Article XVII: Participants and Other Holders of Special Drawing Rights.
2. Fund as a holder.
3. Other holders.
Section 1. Participants.
Each member of the Fund that deposits with the Fund an instrument setting forth that it undertakes all the obligations of a participant in the Special Drawing Rights Department in accordance with its law and that it has taken all steps necessary to enable it to carry out all of these obligations shall become a participant in the Special Drawing Rights Department as of the date the instrument is deposited, except that no member shall become a participant before the provisions of this Agreement pertaining exclusively to the Special Drawing Rights Department have entered into force and instruments have been deposited under this Section by members that have at least seventy-five percent of the total of quotas.
Section 2. Fund as a holder.
The Fund may hold special drawing rights in the General Resources Account and may accept and use them in operations and transactions conducted through the General Resources Account with participants in accordance with the provisions of this Agreement or with prescribed holders in accordance with the terms and conditions prescribed under Section 3 of this Article.
Section 3. Other holders.
The Fund may prescribe:
(i) as holders, non-members, members that are non-participants, institutions that perform functions of a central bank for more than one member, and other official entities; (ii) the terms and conditions on which prescribed holders may be permitted to hold special drawing rights and may accept and use them in operations and transactions with participants and other prescribed holders; and (iii) the terms and conditions on which participants and the Fund through the General Resources Account may enter into operations and transactions in special drawing rights with prescribed holders.
An eighty-five percent majority of the total voting power shall be required for prescriptions under (i) above. The terms and conditions prescribed by the Fund shall be consistent with the provisions of this Agreement and the effective functioning of the Special Drawing Rights Department.
Article XVIII: Allocation and Cancellation of Special Drawing Rights.
1. Principles and considerations governing allocation and cancellation.
2. Allocation and cancellation.
3. Unexpected major developments.
4. Decisions on allocations and cancellations.
Section 1. Principles and considerations governing allocation and cancellation.
( a ) In all its decisions with respect to the allocation and cancellation of special drawing rights the Fund shall seek to meet the long-term global need, as and when it arises, to supplement existing reserve assets in such manner as will promote the attainment of its purposes and will avoid economic stagnation and deflation as well as excess demand and inflation in the world. ( b ) The first decision to allocate special drawing rights shall take into account, as special considerations, a collective judgment that there is a global need to supplement reserves, and the attainment of a better balance of payments equilibrium, as well as the likelihood of a better working of the adjustment process in the future.
Section 2. Allocation and cancellation.
( a ) Decisions of the Fund to allocate or cancel special drawing rights shall be made for basic periods which shall run consecutively and shall be five years in duration. The first basic period shall begin on the date of the first decision to allocate special drawing rights or such later date as may be specified in that decision. Any allocations or cancellations shall take place at yearly intervals. ( b ) The rates at which allocations are to be made shall be expressed as percentages of quotas on the date of each decision to allocate. The rates at which special drawing rights are to be cancelled shall be expressed as percentages of net cumulative allocations of special drawing rights on the date of each decision to cancel. The percentages shall be the same for all participants. ( c ) In its decision for any basic period the Fund may provide, notwithstanding ( a ) and ( b ) above, that:
(i) the duration of the basic period shall be other than five years; or (ii) the allocations or cancellations shall take place at other than yearly intervals; or (iii) the basis for allocations or cancellations shall be the quotas or net cumulative allocations on dates other than the dates of decisions to allocate or cancel. ( d ) A member that becomes a participant after a basic period starts shall receive allocations beginning with the next basic period in which allocations are made after it becomes a participant unless the Fund decides that the new participant shall start to receive allocations beginning with the next allocation after it becomes a participant. If the Fund decides that a member that becomes a participant during a basic period shall receive allocations during the remainder of that basic period and the participant was not a member on the dates established under ( b ) or ( c ) above, the Fund shall determine the basis on which these allocations to the participant shall be made. ( e ) A participant shall receive allocations of special drawing rights made pursuant to any decision to allocate unless:
(i) the Governor for the participant did not vote in favor of the decision; and (ii) the participant has notified the Fund in writing prior to the first allocation of special drawing rights under that decision that it does not wish special drawing rights to be allocated to it under the decision. On the request of a participant, the Fund may decide to terminate the effect of the notice with respect to allocations of special drawing rights subsequent to the termination. ( f ) If on the effective date of any cancellation the amount of special drawing rights held by a participant is less than its share of the special drawing rights that are to be cancelled, the participant shall eliminate its negative balance as promptly as its gross reserve position permits and shall remain in consultation with the Fund for this purpose. Special drawing rights acquired by the participant after the effective date of the cancellation shall be applied against its negative balance and cancelled.
Section 3. Unexpected major developments.
The Fund may change the rates or intervals of allocation or cancellation during the rest of a basic period or change the length of a basic period or start a new basic period, if at any time the Fund finds it desirable to do so because of unexpected major developments.
Section 4. Decisions on allocations and cancellations.
( a ) Decisions under Section 2( a ), ( b ), and ( c ) or Section 3 of this Article shall be made by the Board of Governors on the basis of proposals of the Managing Director concurred in by the Executive Board. ( b ) Before making any proposal, the Managing Director, after having satisfied himself that it will be consistent with the provisions of Section 1( a ) of this Article, shall conduct such consultations as will enable him to ascertain that there is broad support among participants for the proposal. In addition, before making a proposal for the first allocation, the Managing Director shall satisfy himself that the provisions of Section 1( b ) of this Article have been met and that there is broad support among participants to begin allocations; he shall make a proposal for the first allocation as soon after the establishment of the Special Drawing Rights Department as he is so satisfied. ( c ) The Managing Director shall make proposals:
(i) not later than six months before the end of each basic period;
Article XIX: Operations and Transactions in Special Drawing Rights.
1. Use of special drawing rights.
2. Operations and transactions between participants.
3. Requirement of need.
4. Obligation to provide currency.
5. Designation of participants to provide currency.
7. Exchange rates.
Section 1. Use of special drawing rights.
Special drawing rights may be used in the operations and transactions authorized by or under this Agreement.
Section 2. Operations and transactions between participants.
( a ) A participant shall be entitled to use its special drawing rights to obtain an equivalent amount of currency from a participant designated under Section 5 of this Article. ( b ) A participant, in agreement with another participant, may use its special drawing rights to obtain an equivalent amount of currency from the other participant. ( c ) The Fund, by a seventy percent majority of the total voting power, may prescribe operations in which a participant is authorized to engage in agreement with another participant on such terms and conditions as the Fund deems appropriate. The terms and conditions shall be consistent with the effective functioning of the Special Drawing Rights Department and the proper use of special drawing rights in accordance with this Agreement. ( d ) The Fund may make representations to a participant that enters into any operation or transaction under ( b ) or ( c ) above that in the judgment of the Fund may be prejudicial to the process of designation according to the principles of Section 5 of this Article or is otherwise inconsistent with Article XXII. A participant that persists in entering into such operations or transactions shall be subject to Article XXIII, Section 2( b ).
Section 3. Requirement of need.
( a ) In transactions under Section 2( a ) of this Article, except as otherwise provided in ( c ) below, a participant will be expected to use its special drawing rights only if it has a need because of its balance of payments or its reserve position or developments in its reserves, and not for the sole purpose of changing the composition of its reserves. ( b ) The use of special drawing rights shall not be subject to challenge on the basis of the expectation in ( a ) above, but the Fund may make representations to a participant that fails to fulfill this expectation. A participant that persists in failing to fulfill this expectation shall be subject to Article XXIII, Section 2( b ). ( c ) The Fund may waive the expectation in ( a ) above in any transactions in which a participant uses special drawing rights to obtain an equivalent amount of currency from a participant designated under Section 5 of this Article that would promote reconstitution by the other participant under Section 6( a ) of this Article; prevent or reduce a negative balance of the other participant; or offset the effect of a failure by the other participant to fulfill the expectation in ( a ) above.
Section 4. Obligation to provide currency.
( a ) A participant designated by the Fund under Section 5 of this Article shall provide on demand a freely usable currency to a participant using special drawing rights under Section 2( a ) of this Article. A participant's obligation to provide currency shall not extend beyond the point at which its holdings of special drawing rights in excess of its net cumulative allocation are equal to twice its net cumulative allocation or such higher limit as may be agreed between a participant and the Fund. ( b ) A participant may provide currency in excess of the obligatory limit or any agreed higher limit.
Section 5. Designation of participants to provide currency.
( a ) The Fund shall ensure that a participant will be able to use its special drawing rights by designating participants to provide currency for specified amounts of special drawing rights for the purposes of Sections 2( a ) and 4 of this Article. Designations shall be made in accordance with the following general principles supplemented by such other principles as the Fund may adopt from time to time: (i) A participant shall be subject to designation if its balance of payments and gross reserve position is sufficiently strong, but this will not preclude the possibility that a participant with a strong reserve position will be designated even though it has a moderate balance of payments deficit. Participants shall be designated in such manner as will promote over time a balanced distribution of holdings of special drawing rights among them. (ii) Participants shall be subject to designation in order to promote reconstitution under Section 6( a ) of this Article, to reduce negative balances in holdings of special drawing rights, or to offset the effect of failures to fulfill the expectation in Section 3( a ) of this Article. (iii) In designating participants, the Fund normally shall give priority to those that need to acquire special drawing rights to meet the objectives of designation under (ii) above. ( b ) In order to promote over time a balanced distribution of holdings of special drawing rights under ( a )(i) above, the Fund shall apply the rules for designation in Schedule F or such rules as may be adopted under ( c ) below. ( c ) The rules for designation may be reviewed at any time and new rules shall be adopted if necessary. Unless new rules are adopted, the rules in force at the time of the review shall continue to apply.
Section 6. Reconstitution.
( a ) Participants that use their special drawing rights shall reconstitute their holdings of them in accordance with the rules for reconstitution in Schedule G or such rules as may be adopted under ( b ) below. ( b ) The rules for reconstitution may be reviewed at any time and new rules shall be adopted if necessary. Unless new rules are adopted or a decision is made to abrogate rules for reconstitution, the rules in force at the time of review shall continue to apply. A seventy percent majority of the total voting power shall be required for decisions to adopt, modify, or abrogate the rules for reconstitution.
Section 7. Exchange rates.
( a ) Except as otherwise provided in ( b ) below, the exchange rates for transactions between participants under Section 2( a ) and ( b ) of this Article shall be such that participants using special drawing rights shall receive the same value whatever currencies might be provided and whichever participants provide those currencies, and the Fund shall adopt regulations to give effect to this principle. ( b ) The Fund, by an eighty-five percent majority of the total voting power, may adopt policies under which in exceptional circumstances the Fund, by a seventy percent majority of the total voting power, may authorize participants entering into transactions under Section 2( b ) of this Article to agree on exchange rates other than those applicable under ( a ) above. ( c ) The Fund shall consult a participant on the procedure for determining rates of exchange for its currency. ( d ) For the purpose of this provision the term participant includes a terminating participant.
Article XX: Special Drawing Rights Department Interest and Charges.
3. Rate of interest and charges.
5. Payment of interest, charges, and assessments.
Section 1. Interest.
Interest at the same rate for all holders shall be paid by the Fund to each holder on the amount of its holdings of special drawing rights. The Fund shall pay the amount due to each holder whether or not sufficient charges are received to meet the payment of interest.
Section 2. Charges.
Charges at the same rate for all participants shall be paid to the Fund by each participant on the amount of its net cumulative allocation of special drawing rights plus any negative balance of the participant or unpaid charges.
Section 3. Rate of interest and charges.
The Fund shall determine the rate of interest by a seventy percent majority of the total voting power. The rate of charges shall be equal to the rate of interest.
Section 4. Assessments.
When it is decided under Article XVI, Section 2 that reimbursement shall be made, the Fund shall levy assessments for this purpose at the same rate for all participants on their net cumulative allocations.
Section 5. Payment of interest, charges, and assessments.
Interest, charges, and assessments shall be paid in special drawing rights. A participant that needs special drawing rights to pay any charge or assessment shall be obligated and entitled to obtain them, for currency acceptable to the Fund, in a transaction with the Fund conducted through the General Resources Account. If sufficient special drawing rights cannot be obtained in this way, the participant shall be obligated and entitled to obtain them with a freely usable currency from a participant which the Fund shall specify. Special drawing rights acquired by a participant after the date for payment shall be applied against its unpaid charges and cancelled.
Article XXI: Administration of the General Department and the Special Drawing Rights Department.
( a ) The General Department and the Special Drawing Rights Department shall be administered in accordance with the provisions of Article XII, subject to the following provisions: (i) For meetings of or decisions by the Board of Governors on matters pertaining exclusively to the Special Drawing Rights Department only requests by, or the presence and the votes of, Governors appointed by members that are participants shall be counted for the purpose of calling meetings and determining whether a quorum exists or whether a decision is made by the required majority. (ii) For decisions by the Executive Board on matters pertaining exclusively to the Special Drawing Rights Department only Executive Directors elected by at least one member that is a participant shall be entitled to vote. Each of these Executive Directors shall be entitled to cast the number of votes allotted to the members that are participants whose votes counted towards his election. Only the presence of Executive Directors elected by members that are participants and the votes allotted to members that are participants shall be counted for the purpose of determining whether a quorum exists or whether a decision is made by the required majority. (iii) Questions of the general administration of the Fund, including reimbursement under Article XVI, Section 2, and any question whether a matter pertains to both Departments or exclusively to the Special Drawing Rights Department shall be decided as if they pertained exclusively to the General Department. Decisions with respect to the method of valuation of the special drawing right, the acceptance and holding of special drawing rights in the General Resources Account of the General Department and the use of them, and other decisions affecting the operations and transactions conducted through both the General Resources Account of the General Department and the Special Drawing Rights Department shall be made by the majorities required for decisions on matters pertaining exclusively to each Department. A decision on a matter pertaining to the Special Drawing Rights Department shall so indicate. ( b ) In addition to the privileges and immunities that are accorded under Article IX of this Agreement, no tax of any kind shall be levied on special drawing rights or on operations or transactions in special drawing rights. ( c ) A question of interpretation of the provisions of this Agreement on matters pertaining exclusively to the Special Drawing Rights Department shall be submitted to the Executive Board pursuant to Article XXIX( a ) only on the request of a participant. In any case where the Executive Board has given a decision on a question of interpretation pertaining exclusively to the Special Drawing Rights Department only a participant may require that the question be referred to the Board of Governors under Article XXIX( b ). The Board of Governors shall decide whether a Governor appointed by a member that is not a participant shall be entitled to vote in the Committee on Interpretation on questions pertaining exclusively to the Special Drawing Rights Department. ( d ) Whenever a disagreement arises between the Fund and a participant that has terminated its participation in the Special Drawing Rights Department or between the Fund and any participant during the liquidation of the Special Drawing Rights Department with respect to any matter arising exclusively from participation in the Special Drawing Rights Department, the disagreement shall be submitted to arbitration in accordance with the procedures in Article XXIX( c ).
Article XXII: General Obligations of Participants.
In addition to the obligations assumed with respect to special drawing rights under other articles of this Agreement, each participant undertakes to collaborate with the Fund and with other participants in order to facilitate the effective functioning of the Special Drawing Rights Department and the proper use of special drawing rights in accordance with this Agreement and with the objective of making the special drawing right the principal reserve asset in the international monetary system.
Article XXIII: Suspension of Operations and Transactions in Special Drawing Rights.
1. Emergency provisions.
2. Failure to fulfill obligations.
Section 1. Emergency provisions.
In the event of an emergency or the development of unforeseen circumstances threatening the activities of the Fund with respect to the Special Drawing Rights Department, the Executive Board, by an eighty-five percent majority of the total voting power, may suspend for a period of not more than one year the operation of any of the provisions relating to operations and transactions in special drawing rights, and the provisions of Article XXVII, Section l( b ), ( c ), and ( d ) shall then apply.
Section 2. Failure to fulfill obligations.
( a ) If the Fund finds that a participant has failed to fulfill its obligations under Article XIX, Section 4, the right of the participant to use its special drawing rights shall be suspended unless the Fund otherwise decides. ( b ) If the Fund finds that a participant has failed to fulfill any other obligation with respect to special drawing rights, the Fund may suspend the right of the participant to use special drawing rights it acquires after the suspension. ( c ) Regulations shall be adopted to ensure that before action is taken against any participant under ( a ) or ( b ) above, the participant shall be informed immediately of the complaint against it and given an adequate opportunity for stating its case, both orally and in writing. Whenever the participant is thus informed of a complaint relating to ( a ) above, it shall not use special drawing rights pending the disposition of the complaint. ( d ) Suspension under ( a ) or ( b ) above or limitation under ( c ) above shall not affect a participant's obligation to provide currency in accordance with Article XIX, Section 4. ( e ) The Fund may at any time terminate a suspension under ( a ) or ( b ) above, provided that a suspension imposed on a participant under ( b ) above for failure to fulfill the obligations under Article XIX, Section 6( a ) shall not be terminated until one hundred eighty days after the end of the first calendar quarter during which the participant complies with the rules for reconstitution. ( f ) The right of a participant to use its special drawing rights shall not be suspended because it has become ineligible to use the Fund's general resources under Article V, Section 5, Article VI, Section 1, or Article XXVI, Section 2( a ). Article XXVI, Section 2 shall not apply because a participant has failed to fulfill any obligations with respect to special drawing rights.
Article XXIV: Termination of Participation.
1. Right to terminate participation.
2. Settlement on termination.
3. Interest and charges.
4. Settlement of obligation to the Fund.
5. Settlement of obligation to a terminating participant.
6. General Resources Account transactions.
Section 1. Right to terminate participation.
( a ) Any participant may terminate its participation in the Special Drawing Rights Department at any time by transmitting a notice in writing to the Fund at its principal office. Termination shall become effective on the date the notice is received. ( b ) A participant that withdraws from membership in the Fund shall be deemed to have simultaneously terminated its participation in the Special Drawing Rights Department.
Section 2. Settlement on termination.
( a ) When a participant terminates its participation in the Special Drawing Rights Department, all operations and transactions by the terminating participant in special drawing rights shall cease except as otherwise permitted under an agreement made pursuant to ( c ) below in order to facilitate a settlement or as provided in Sections 3, 5, and 6 of this Article or in Schedule H. Interest and charges that accrued to the date of termination and assessments levied before that date but not paid shall be paid in special drawing rights. ( b ) The Fund shall be obligated to redeem all special drawing rights held by the terminating participant, and the terminating participant shall be obligated to pay to the Fund an amount equal to its net cumulative allocation and any other amounts that may be due and payable because of its participation in the Special Drawing Rights Department. These obligations shall be set off against each other and the amount of special drawing rights held by the terminating participant that is used in the setoff to extinguish its obligation to the Fund shall be cancelled. ( c ) A settlement shall be made with reasonable despatch by agreement between the terminating participant and the Fund with respect to any obligation of the terminating participant or the Fund after the setoff in ( b ) above. If agreement on a settlement is not reached promptly the provisions of Schedule H shall apply.
Section 3. Interest and charges.
After the date of termination the Fund shall pay interest on any outstanding balance of special drawing rights held by a terminating participant and the terminating participant shall pay charges on any outstanding obligation owed to the Fund at the times and rates prescribed under Article XX. Payment shall be made in special drawing rights. A terminating participant shall be entitled to obtain special drawing rights with a freely usable currency to pay charges or assessments in a transaction with a participant specified by the Fund or by agreement from any other holder, or to dispose of special drawing rights received as interest in a transaction with any participant designated under Article XIX, Section 5 or by agreement with any other holder.
Section 4. Settlement of obligation to the Fund.
Currency received by the Fund from a terminating participant shall be used by the Fund to redeem special drawing rights held by participants in proportion to the amount by which each participant's holdings of special drawing rights exceed its net cumulative allocation at the time the currency is received by the Fund. Special drawing rights so redeemed and special drawing rights obtained by a terminating participant under the provisions of this Agreement to meet any installment due under an agreement on settlement or under Schedule H and set off against that installment shall be cancelled.
Section 5. Settlement of obligation to a terminating participant.
Whenever the Fund is required to redeem special drawing rights held by a terminating participant, redemption shall be made with currency provided by participants specified by the Fund. These participants shall be specified in accordance with the principles in Article XIX, Section 5. Each specified participant shall provide at its option the currency of the terminating participant or a freely usable currency to the Fund and shall receive an equivalent amount of special drawing rights. However, a terminating participant may use its special drawing rights to obtain its own currency, a freely usable currency, or any other asset from any holder, if the Fund so permits.
Section 6. General Resources Account transactions.
In order to facilitate settlement with a terminating participant, the Fund may decide that a terminating participant shall:
(i) use any special drawing rights held by it after the setoff in Section 2( b ) of this Article, when they are to be redeemed, in a transaction with the Fund conducted through the General Resources Account to obtain its own currency or a freely usable currency at the option of the Fund; or (ii) obtain special drawing rights in a transaction with the Fund conducted through the General Resources Account for a currency acceptable to the Fund to meet any charges or installment due under an agreement or the provisions of Schedule H.
Article XXV: Liquidation of the Special Drawing Rights Department.
( a ) The Special Drawing Rights Department may not be liquidated except by decision of the Board of Governors. In an emergency, if the Executive Board decides that liquidation of the Special Drawing Rights Department may be necessary, it may temporarily suspend allocations or cancellations and all operations and transactions in special drawing rights pending decision by the Board of Governors. A decision by the Board of Governors to liquidate the Fund shall be a decision to liquidate both the General Department and the Special Drawing Rights Department. ( b ) If the Board of Governors decides to liquidate the Special Drawing Rights Department, all allocations or cancellations and all operations and transactions in special drawing rights and the activities of the Fund with respect to the Special Drawing Rights Department shall cease except those incidental to the orderly discharge of the obligations of participants and of the Fund with respect to special drawing rights, and all obligations of the Fund and of participants under this Agreement with respect to special drawing rights shall cease except those set out in this Article, Article XX, Article XXI( d ), Article XXIV, Article XXIX( c ), and Schedule H, or any agreement reached under Article XXIV subject to paragraph 4 of Schedule H, and Schedule I. ( c ) Upon liquidation of the Special Drawing Rights Department, interest and charges that accrued to the date of liquidation and assessments levied before that date but not paid shall be paid in special drawing rights. The Fund shall be obligated to redeem all special drawing rights held by holders, and each participant shall be obligated to pay the Fund an amount equal to its net cumulative allocation of special drawing rights and such other amounts as may be due and payable because of its participation in the Special Drawing Rights Department. ( d ) Liquidation of the Special Drawing Rights Department shall be administered in accordance with the provisions of Schedule I.
Article XXVI: Withdrawal from Membership.
1. Right of members to withdraw.
2. Compulsory withdrawal.
3. Settlement of accounts with members withdrawing.
Section 1. Right of members to withdraw.
Any member may withdraw from the Fund at any time by transmitting a notice in writing to the Fund at its principal office. Withdrawal shall become effective on the date such notice is received.
Section 2. Compulsory withdrawal.
( a ) If a member fails to fulfill any of its obligations under this Agreement, the Fund may declare the member ineligible to use the general resources of the Fund. Nothing in this Section shall be deemed to limit the provisions of Article V, Section 5 or Article VI, Section 1. ( b ) If, after the expiration of a reasonable period following a declaration of ineligibility under ( a ) above, the member persists in its failure to fulfill any of its obligations under this Agreement, the Fund may, by a seventy percent majority of the total voting power, suspend the voting rights of the member. During the period of the suspension, the provisions of Schedule L shall apply. The Fund may, by a seventy percent majority of the total voting power, terminate the suspension at any time. ( c ) If, after the expiration of a reasonable period following a decision of suspension under ( b ) above, the member persists in its failure to fulfill any of its obligations under this Agreement, that member may be required to withdraw from membership in the Fund by a decision of the Board of Governors carried by a majority of the Governors having eighty-five percent of the total voting power. ( d ) Regulations shall be adopted to ensure that before action is taken against any member under ( a ), ( b ), or ( c ) above, the member shall be informed in reasonable time of the complaint against it and given an adequate opportunity for stating its case, both orally and in writing.
Section 3. Settlement of accounts with members withdrawing.
When a member withdraws from the Fund, normal operations and transactions of the Fund in its currency shall cease and settlement of all accounts between it and the Fund shall be made with reasonable despatch by agreement between it and the Fund. If agreement is not reached promptly, the provisions of Schedule J shall apply to the settlement of accounts.
Article XXVII: Emergency Provisions.
1. Temporary suspension.
2. Liquidation of the Fund.
Section 1. Temporary suspension.
( a ) In the event of an emergency or the development of unforeseen circumstances threatening the activities of the Fund, the Executive Board, by an eighty-five percent majority of the total voting power, may suspend for a period of not more than one year the operation of any of the following provisions:
Section 2. Liquidation of the Fund.
( a ) The Fund may not be liquidated except by decision of the Board of Governors. In an emergency, if the Executive Board decides that liquidation of the Fund may be necessary, it may temporarily suspend all operations and transactions, pending decision by the Board of Governors. ( b ) If the Board of Governors decides to liquidate the Fund, the Fund shall forthwith cease to engage in any activities except those incidental to the orderly collection and liquidation of its assets and the settlement of its liabilities, and all obligations of members under this Agreement shall cease except those set out in this Article, in Article XXIX( c ), in Schedule J, paragraph 7, and in Schedule K. ( c ) Liquidation shall be administered in accordance with the provisions of Schedule K.
Article XXVIII: Amendments.
( a ) Any proposal to introduce modifications in this Agreement, whether emanating from a member, a Governor, or the Executive Board, shall be communicated to the chairman of the Board of Governors who shall bring the proposal before the Board of Governors. If the proposed amendment is approved by the Board of Governors, the Fund shall, by circular letter or telegram, ask all members whether they accept the proposed amendment. When three-fifths of the members, having eighty-five percent of the total voting power, have accepted the proposed amendment, the Fund shall certify the fact by a formal communication addressed to all members. ( b ) Notwithstanding ( a ) above, acceptance by all members is required in the case of any amendment modifying:
(i) the right to withdraw from the Fund (Article XXVI, Section 1); (ii) the provision that no change in a member's quota shall be made without its consent (Article III, Section 2( d )); and (iii) the provision that no change may be made in the par value of a member's currency except on the proposal of that member (Schedule C, paragraph 6). ( c ) Amendments shall enter into force for all members three months after the date of the formal communication unless a shorter period is specified in the circular letter or telegram.
Article XXIX: Interpretation.
( a ) Any question of interpretation of the provisions of this Agreement arising between any member and the Fund or between any members of the Fund shall be submitted to the Executive Board for its decision. If the question particularly affects any member, it shall be entitled to representation in accordance with Article XII, Section 3( j ). ( b ) In any case where the Executive Board has given a decision under ( a ) above, any member may require, within three months from the date of the decision, that the question be referred to the Board of Governors, whose decision shall be final. Any question referred to the Board of Governors shall be considered by a Committee on Interpretation of the Board of Governors. Each Committee member shall have one vote. The Board of Governors shall establish the membership, procedures, and voting majorities of the Committee. A decision of the Committee shall be the decision of the Board of Governors unless the Board of Governors, by an eighty-five percent majority of the total voting power, decides otherwise. Pending the result of the reference to the Board of Governors the Fund may, so far as it deems necessary, act on the basis of the decision of the Executive Board. ( c ) Whenever a disagreement arises between the Fund and a member which has withdrawn, or between the Fund and any member during liquidation of the Fund, such disagreement shall be submitted to arbitration by a tribunal of three arbitrators, one appointed by the Fund, another by the member or withdrawing member, and an umpire who, unless the parties otherwise agree, shall be appointed by the President of the International Court of Justice or such other authority as may have been prescribed by regulation adopted by the Fund. The umpire shall have full power to settle all questions of procedure in any case where the parties are in disagreement with respect thereto.
Article XXX: Explanation of Terms.
In interpreting the provisions of this Agreement the Fund and its members shall be guided by the following provisions:
( a ) The Fund's holdings of a member's currency in the General Resources Account shall include any securities accepted by the Fund under Article III, Section 4. ( b ) Stand-by arrangement means a decision of the Fund by which a member is assured that it will be able to make purchases from the General Resources Account in accordance with the terms of the decision during a specified period and up to a specified amount. ( c ) Reserve tranche purchase means a purchase by a member of special drawing rights or the currency of another member in exchange for its own currency which does not cause the Fund's holdings of the member's currency in the General Resources Account to exceed its quota, provided that for the purposes of this definition the Fund may exclude purchases and holdings under:
(i) policies on the use of its general resources for compensatory financing of export fluctuations; (ii) policies on the use of its general resources in connection with the financing of contributions to international buffer stocks of primary products; and (iii) other policies on the use of its general resources in respect of which the Fund decides, by an eighty-five percent majority of the total voting power, that an exclusion shall be made. ( d ) Payments for current transactions means payments which are not for the purpose of transferring capital, and includes, without limitation: (1) all payments due in connection with foreign trade, other current business, including services, and normal shortterm banking and credit facilities; (2) payments due as interest on loans and as net income from other investments; (3) payments of moderate amount for amortization of loans or for depreciation of direct investments; and (4) moderate remittances for family living expenses.
The Fund may, after consultation with the members concerned, determine whether certain specific transactions are to be considered current transactions or capital transactions.
( e ) Net cumulative allocation of special drawing rights means the total amount of special drawing rights allocated to a participant less its share of special drawing rights that have been cancelled under Article XVIII, Section 2( a ). ( f ) A freely usable currency means a member's currency that the Fund determines (i) is, in fact, widely used to make payments for international transactions, and (ii) is widely traded in the principal exchange markets. ( g ) Members that were members on August 31, 1975 shall be deemed to include a member that accepted membership after that date pursuant to a resolution of the Board of Governors adopted before that date. ( h ) Transactions of the Fund means exchanges of monetary assets by the Fund for other monetary assets. Operations of the Fund means other uses or receipts of monetary assets by the Fund. (i) Transactions in special drawing rights means exchanges of special drawing rights for other monetary assets. Operations in special drawing rights means other uses of special drawing rights.
Article XXXI: Final Provisions.
1. Entry into force.
Section 1. Entry into force.
This Agreement shall enter into force when it has been signed on behalf of governments having sixty-five percent of the total of the quotas set forth in Schedule A and when the instruments referred to in Section 2( a ) of this Article have been deposited on their behalf, but in no event shall this Agreement enter into force before May 1, 1945.
Section 2. Signature.
( a ) Each government on whose behalf this Agreement is signed shall deposit with the Government of the United States of America an instrument setting forth that it has accepted this Agreement in accordance with its law and has taken all steps necessary to enable it to carry out all of its obligations under this Agreement. ( b ) Each country shall become a member of the Fund as from the date of the deposit on its behalf of the instrument referred to in ( a ) above, except that no country shall become a member before this Agreement enters into force under Section 1 of this Article. ( c ) The Government of the United States of America shall inform the governments of all countries whose names are set forth in Schedule A, and the governments of all countries whose membership is approved in accordance with Article II, Section 2, of all signatures of this Agreement and of the deposit of all instruments referred to in ( a ) above. ( d ) At the time this Agreement is signed on its behalf, each government shall transmit to the Government of the United States of America one one-hundredth of one percent of its total subscription in gold or United States dollars for the purpose of meeting administrative expenses of the Fund. The Government of the United States of America shall hold such funds in a special deposit account and shall transmit them to the Board of Governors of the Fund when the initial meeting has been called. If this Agreement has not come into force by December 31, 1945, the Government of the United States of America shall return such funds to the governments that transmitted them. ( e ) This Agreement shall remain open for signature at Washington on behalf of the governments of the countries whose names are set forth in Schedule A until December 31, 1945. ( f ) After December 31, 1945, this Agreement shall be open for signature on behalf of the government of any country whose membership has been approved in accordance with Article II, Section 2. ( g ) By their signature of this Agreement, all governments accept it both on their own behalf and in respect of all their colonies, overseas territories, all territories under their protection, suzerainty, or authority, and all territories in respect of which they exercise a mandate. ( h ) Subsection ( d ) above shall come into force with regard to each signatory government as from the date of its signature.
[The signature and depositary clause reproduced below followed the text of Article XX in the original Articles of Agreement]
Done at Washington, in a single copy which shall remain deposited in the archives of the Government of the United States of America, which shall transmit certified copies to all governments whose names are set forth in Schedule A and to all governments whose membership is approved in accordance with Article II, Section 2.
Schedule A: Quotas.
Schedule B: Transitional Provisions with Respect to Repurchase, Payment of Additional Subscriptions, Gold, and Certain Operational Matters.
1. Repurchase obligations that have accrued pursuant to Article V, Section 7( b ) before the date of the second amendment of this Agreement and that remain undischarged at that date shall be discharged not later than the date or dates at which the obligations had to be discharged in accordance with the provisions of this Agreement before the second amendment.
2. A member shall discharge with special drawing rights any obligation to pay gold to the Fund in repurchase or as a subscription that is outstanding at the date of the second amendment of this Agreement, but the Fund may prescribe that these payments may be made in whole or in part in the currencies of other members specified by the Fund. A non-participant shall discharge an obligation that must be paid in special drawing rights pursuant to this provision with the currencies of other members specified by the Fund.
3. For the purposes of 2 above 0.888 671 gram of fine gold shall be equivalent to one special drawing right, and the amount of currency payable under 2 above shall be determined on that basis and on the basis of the value of the currency in terms of the special drawing right at the date of discharge.
4. A member's currency held by the Fund in excess of seventy-five percent of the member's quota at the date of the second amendment of this Agreement and not subject to repurchase under 1 above shall be repurchased in accordance with the following rules:
(i) Holdings that resulted from a purchase shall be repurchased in accordance with the policy on the use of the Fund's general resources under which the purchase was made. (ii) Other holdings shall be repurchased not later than four years after the date of the second amendment of this Agreement.
5. Repurchases under 1 above that are not subject to 2 above, repurchases under 4 above, and any specification of currencies under 2 above shall be in accordance with Article V, Section 7(i).
6. All rules and regulations, rates, procedures, and decisions in effect at the date of the second amendment of this Agreement shall remain in effect until they are changed in accordance with the provisions of this Agreement.
7. To the extent that arrangements equivalent in effect to ( a ) and ( b ) below have not been completed before the date of the second amendment of this Agreement, the Fund shall.
( a ) sell up to 25 million ounces of fine gold held by it on August 31, 1975 to those members that were members on that date and that agree to buy it, in proportion to their quotas on that date. The sale to a member under this subparagraph ( a ) shall be made in exchange for its currency and at a price equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold, and ( b ) sell up to 25 million ounces of fine gold held by it on August 31, 1975 for the benefit of developing members that were members on that date, provided, however, that the part of any profits or surplus value of the gold that corresponds to the proportion of such a member's quota on August 31, 1975 to the total of the quotas of all members on that date shall be transferred directly to each such member. The requirements under Article V, Section 12( c ) that the Fund consult a member, obtain a member's concurrence, or exchange a member's currency for the currencies of other members in certain circumstances shall apply with respect to currency received by the Fund as a result of sales of gold under this provision, other than sales to a member in return for its own currency, and placed in the General Resources Account.
Upon the sale of gold under this paragraph 7, an amount of the proceeds in the currencies received equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold shall be placed in the General Resources Account and other assets held by the Fund under arrangements pursuant to ( b ) above shall be held separately from the general resources of the Fund. Assets that remain subject to disposition by the Fund upon termination of arrangements pursuant to ( b ) above shall be transferred to the Special Disbursement Account.
Schedule C: Par Values.
1. The Fund shall notify members that par values may be established for the purposes of this Agreement, in accordance with Article IV, Sections 1, 3, 4, and 5 and this Schedule, in terms of the special drawing right, or in terms of such other common denominator as is prescribed by the Fund. The common denominator shall not be gold or a currency.
2. A member that intends to establish a par value for its currency shall propose a par value to the Fund within a reasonable time after notice is given under 1 above.
3. Any member that does not intend to establish a par value for its currency under 1 above shall consult with the Fund and ensure that its exchange arrangements are consistent with the purposes of the Fund and are adequate to fulfill its obligations under Article IV, Section 1.
4. The Fund shall concur in or object to a proposed par value within a reasonable period after receipt of the proposal. A proposed par value shall not take effect for the purposes of this Agreement if the Fund objects to it, and the member shall be subject to 3 above. The Fund shall not object because of the domestic social or political policies of the member proposing the par value.
5. Each member that has a par value for its currency undertakes to apply appropriate measures consistent with this Agreement in order to ensure that the maximum and the minimum rates for spot exchange transactions taking place within its territories between its currency and the currencies of other members maintaining par values shall not differ from parity by more than four and one-half percent or by such other margin or margins as the Fund may adopt by an eighty-five percent majority of the total voting power.
6. A member shall not propose a change in the par value of its currency except to correct, or prevent the emergence of, a fundamental disequilibrium. A change may be made only on the proposal of the member and only after consultation with the Fund.
7. When a change is proposed, the Fund shall concur in or object to the proposed par value within a reasonable period after receipt of the proposal. The Fund shall concur if it is satisfied that the change is necessary to correct, or prevent the emergence of, a fundamental disequilibrium. The Fund shall not object because of the domestic social or political policies of the member proposing the change. A proposed change in par value shall not take effect for the purposes of this Agreement if the Fund objects to it. If a member changes the par value of its currency despite the objection of the Fund, the member shall be subject to Article XXVI, Section 2. Maintenance of an unrealistic par value by a member shall be discouraged by the Fund.
8. The par value of a member's currency established under this Agreement shall cease to exist for the purposes of this Agreement if the member informs the Fund that it intends to terminate the par value. The Fund may object to the termination of a par value by a decision taken by an eighty-five percent majority of the total voting power. If a member terminates a par value for its currency despite the objection of the Fund, the member shall be subject to Article XXVI, Section 2. A par value established under this Agreement shall cease to exist for the purposes of this Agreement if the member terminates the par value despite the objection of the Fund, or if the Fund finds that the member does not maintain rates for a substantial volume of exchange transactions in accordance with 5 above, provided that the Fund may not make such finding unless it has consulted the member and given it sixty days notice of the Fund's intention to consider whether to make a finding.
9. If the par value of the currency of a member has ceased to exist under 8 above, the member shall consult with the Fund and ensure that its exchange arrangements are consistent with the purposes of the Fund and are adequate to fulfill its obligations under Article IV, Section 1.
10. A member for whose currency the par value has ceased to exist under 8 above may, at any time, propose a new par value for its currency.
11. Notwithstanding 6 above, the Fund, by a seventy percent majority of the total voting power, may make uniform proportionate changes in all par values if the special drawing right is the common denominator and the changes will not affect the value of the special drawing right. The par value of a member's currency shall, however, not be changed under this provision if, within seven days after the Fund's action, the member informs the Fund that it does not wish the par value of its currency to be changed by such action.
Schedule D: Council.
( a ) Each member or group of members that has the number of votes allotted to it or them cast by an Executive Director shall appoint to the Council one Councillor, who shall be a Governor, Minister in the government of a member, or person of comparable rank, and may appoint not more than seven Associates. The Board of Governors may change, by an eighty-five percent majority of the total voting power, the number of Associates who may be appointed. A Councillor or Associate shall serve until a new appointment is made or until the next regular election of Executive Directors, whichever shall occur sooner. ( b ) Executive Directors, or in their absence their Alternates, and Associates shall be entitled to attend meetings of the Council, unless the Council decides to hold a restricted session. Each member and each group of members that appoints a Councillor shall appoint an Alternate who shall be entitled to attend a meeting of the Council when the Councillor is not present, and shall have full power to act for the Councillor.
( a ) The Council shall supervise the management and adaptation of the international monetary system, including the continuing operation of the adjustment process and developments in global liquidity, and in this connection shall review developments in the transfer of real resources to developing countries. ( b ) The Council shall consider proposals pursuant to Article XXVIII( a ) to amend the Articles of Agreement.
( a ) The Board of Governors may delegate to the Council authority to exercise any powers of the Board of Governors except the powers conferred directly by this Agreement on the Board of Governors. ( b ) Each Councillor shall be entitled to cast the number of votes allotted under Article XII, Section 5 to the member or group of members appointing him. A Councillor appointed by a group of members may cast separately the votes allotted to each member in the group. If the number of votes allotted to a member cannot be cast by an Executive Director, the member may make arrangements with a Councillor for casting the number of votes allotted to the member. ( c ) The Council shall not take any action pursuant to powers delegated by the Board of Governors that is inconsistent with any action taken by the Board of Governors and the Executive Board shall not take any action pursuant to powers delegated by the Board of Governors that is inconsistent with any action taken by either the Board of Governors or the Council.
4. The Council shall select a Councillor as chairman, shall adopt regulations as may be necessary or appropriate to perform its functions, and shall determine any aspect of its procedure. The Council shall hold such meetings as may be provided for by the Council or called by the Executive Board.
( a ) The Council shall have powers corresponding to those of the Executive Board under the following provisions: Article XII, Section 2( c ), ( f ), ( g ), and ( j ); Article XVIII, Section 4( a ) and Section 4( c )(iv); Article XXIII, Section 1; and Article XXVII, Section l( a ). ( b ) For decisions by the Council on matters pertaining exclusively to the Special Drawing Rights Department only Councillors appointed by a member that is a participant or a group of members at least one member of which is a participant shall be entitled to vote. Each of these Councillors shall be entitled to cast the number of votes allotted to the member which is a participant that appointed him or to the members that are participants in the group of members that appointed him, and may cast the votes allotted to a participant with which arrangements have been made pursuant to the last sentence of 3( b ) above. ( c ) The Council may by regulation establish a procedure whereby the Executive Board may obtain a vote of the Councillors on a specific question without a meeting of the Council when in the judgment of the Executive Board an action must be taken by the Council which should not be postponed until the next meeting of the Council and which does not warrant the calling of a special meeting. ( d ) Article IX, Section 8 shall apply to Councillors, their Alternates, and Associates, and to any other person entitled to attend a meeting of the Council. ( e ) When an Executive Director is entitled to cast the number of votes allotted to a member pursuant to Article XII, Section 3(i)(iii), the Councillor appointed by the group whose members elected such Executive Director shall be entitled to vote and cast the number of votes allotted to such member. The member shall be deemed to have participated in the appointment of the Councillor entitled to vote and cast the number of votes allotted to the member.
6. The first sentence of Article XII, Section 2( a ) shall be deemed to include a reference to the Council.
Schedule E: Transitional Provisions with Respect to Executive Directors.
1. Upon the entry into force of this Schedule:
( a ) Each Executive Director who was appointed pursuant to former Article XII, Sections 3( b )(i) or 3( c ), and was in office immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by the member who appointed him; and ( b ) Each Executive Director who cast the number of votes of a member pursuant to former Article XII, Section 3(i)(ii) immediately prior to the entry into force of this Schedule, shall be deemed to have been elected by such a member.
Schedule F: Designation.
During the first basic period the rules for designation shall be as follows:
( a ) Participants subject to designation under Article XIX, Section 5( a )(i) shall be designated for such amounts as will promote over time equality in the ratios of the participants' holdings of special drawing rights in excess of their net cumulative allocations to their official holdings of gold and foreign exchange. ( b ) The formula to give effect to ( a ) above shall be such that participants subject to designation shall be designated:
(i) in proportion to their official holdings of gold and foreign exchange when the ratios described in ( a ) above are equal; and (ii) in such manner as gradually to reduce the difference between the ratios described in ( a ) above that are low and the ratios that are high.
Schedule G: Reconstitution.
1. During the first basic period the rules for reconstitution shall be as follows:
( a ) (i) A participant shall so use and reconstitute its holdings of special drawing rights that, five years after the first allocation and at the end of each calendar quarter thereafter, the average of its total daily holdings of special drawing rights over the most recent five-year period will be not less than thirty percent of the average of its daily net cumulative allocation of special drawing rights over the same period. (ii) Two years after the first allocation and at the end of each calendar month thereafter the Fund shall make calculations for each participant so as to ascertain whether and to what extent the participant would need to acquire special drawing rights between the date of the calculation and the end of any five-year period in order to comply with the requirement in ( a )(i) above. The Fund shall adopt regulations with respect to the bases on which these calculations shall be made and with respect to the timing of the designation of participants under Article XIX, Section 5( a )(ii), in order to assist them to comply with the requirement in ( a )(i) above. (iii) The Fund shall give special notice to a participant when the calculations under ( a )(ii) above indicate that it is unlikely that the participant will be able to comply with the requirement in ( a )(i) above unless it ceases to use special drawing rights for the rest of the period for which the calculation was made under ( a )(ii) above. (iv) A participant that needs to acquire special drawing rights to fulfill this obligation shall be obligated and entitled to obtain them, for currency acceptable to the Fund, in a transaction with the Fund conducted through the General Resources Account. If sufficient special drawing rights to fulfill this obligation cannot be obtained in this way, the participant shall be obligated and entitled to obtain them with a freely usable currency from a participant which the Fund shall specify. ( b ) Participants shall also pay due regard to the desirability of pursuing over time a balanced relationship between their holdings of special drawing rights and their other reserves.
2. If a participant fails to comply with the rules for reconstitution, the Fund shall determine whether or not the circumstances justify suspension under Article XXIII, Section 2( b ).
Schedule H: Termination of Participation.
1. If the obligation remaining after the setoff under Article XXIV, Section 2( b ) is to the terminating participant and agreement on settlement between the Fund and the terminating participant is not reached within six months of the date of termination, the Fund shall redeem this balance of special drawing rights in equal half-yearly installments within a maximum of five years of the date of termination. The Fund shall redeem this balance as it may determine, either ( a ) by the payment to the terminating participant of the amounts provided by the remaining participants to the Fund in accordance with Article XXIV, Section 5, or ( b ) by permitting the terminating participant to use its special drawing rights to obtain its own currency or a freely usable currency from a participant specified by the Fund, the General Resources Account, or any other holder.
2. If the obligation remaining after the setoff under Article XXIV, Section 2( b ) is to the Fund and agreement on settlement is not reached within six months of the date of termination, the terminating participant shall discharge this obligation in equal half-yearly installments within three years of the date of termination or within such longer period as may be fixed by the Fund. The terminating participant shall discharge this obligation, as the Fund may determine, either ( a ) by the payment to the Fund of a freely usable currency, or ( b ) by obtaining special drawing rights, in accordance with Article XXIV, Section 6, from the General Resources Account or in agreement with a participant specified by the Fund or from any other holder, and the setoff of these special drawing rights against the installment due.
3. Installments under either 1 or 2 above shall fall due six months after the date of termination and at intervals of six months thereafter.
4. In the event of the Special Drawing Rights Department going into liquidation under Article XXV within six months of the date a participant terminates its participation, the settlement between the Fund and that government shall be made in accordance with Article XXV and Schedule I.
Schedule I: Administration of Liquidation of the Special Drawing Rights Department.
1. In the event of liquidation of the Special Drawing Rights Department, participants shall discharge their obligations to the Fund in ten half-yearly installments, or in such longer period as the Fund may decide is needed, in a freely usable currency and the currencies of participants holding special drawing rights to be redeemed in any installment to the extent of such redemption, as determined by the Fund. The first half-yearly payment shall be made six months after the decision to liquidate the Special Drawing Rights Department.
2. If it is decided to liquidate the Fund within six months of the date of the decision to liquidate the Special Drawing Rights Department, the liquidation of the Special Drawing Rights Department shall not proceed until special drawing rights held in the General Resources Account have been distributed in accordance with the following rule:
After the distributions made under 2( a ) and ( b ) of Schedule K, the Fund shall apportion its special drawing rights held in the General Resources Account among all members that are participants in proportion to the amounts due to each participant after the distribution under 2( b ). To determine the amount due to each member for the purpose of apportioning the remainder of its holdings of each currency under 2( d ) of Schedule K, the Fund shall deduct the distribution of special drawing rights made under this rule.
3. With the amounts received under 1 above, the Fund shall redeem special drawing rights held by holders in the following manner and order:
( a ) Special drawing rights held by governments that have terminated their participation more than six months before the date the Board of Governors decides to liquidate the Special Drawing Rights Department shall be redeemed in accordance with the terms of any agreement under Article XXIV or Schedule H. ( b ) Special drawing rights held by holders that are not participants shall be redeemed before those held by participants, and shall be redeemed in proportion to the amount held by each holder. ( c ) The Fund shall determine the proportion of special drawing rights held by each participant in relation to its net cumulative allocation. The Fund shall first redeem special drawing rights from the participants with the highest proportion until this proportion is reduced to that of the second highest proportion; the Fund shall then redeem the special drawing rights held by these participants in accordance with their net cumulative allocations until the proportions are reduced to that of the third highest proportion; and this process shall be continued until the amount available for redemption is exhausted.
4. Any amount that a participant will be entitled to receive in redemption under 3 above shall be set off against any amount to be paid under 1 above.
5. During liquidation the Fund shall pay interest on the amount of special drawing rights held by holders, and each participant shall pay charges on the net cumulative allocation of special drawing rights to it less the amount of any payments made in accordance with 1 above. The rates of interest and charges and the time of payment shall be determined by the Fund. Payments of interest and charges shall be made in special drawing rights to the extent possible. A participant that does not hold sufficient special drawing rights to meet any charges shall make the payment with a currency specified by the Fund. Special drawing rights received as charges in amounts needed for administrative expenses shall not be used for the payment of interest, but shall be transferred to the Fund and shall be redeemed first and with the currencies used by the Fund to meet its expenses.
6. While a participant is in default with respect to any payment required by 1 or 5 above, no amounts shall be paid to it in accordance with 3 or 5 above.
7. If after the final payments have been made to participants each participant not in default does not hold special drawing rights in the same proportion to its net cumulative allocation, those participants holding a lower proportion shall purchase from those holding a higher proportion such amounts in accordance with arrangements made by the Fund as will make the proportion of their holdings of special drawing rights the same. Each participant in default shall pay to the Fund its own currency in an amount equal to its default. The Fund shall apportion this currency and residual claims among participants in proportion to the amount of special drawing rights held by each and these special drawing rights shall be cancelled. The Fund shall then close the books of the Special Drawing Rights Department and all of the Fund's liabilities arising from the allocations of special drawing rights and the administration of the Special Drawing Rights Department shall cease.
8. Each participant whose currency is distributed to other participants under this Schedule guarantees the unrestricted use of such currency at all times for the purchase of goods or for payments of sums due to it or to persons in its territories. Each participant so obligated agrees to compensate other participants for any loss resulting from the difference between the value at which the Fund distributed its currency under this Schedule and the value realized by such participants on disposal of its currency.
Schedule J: Settlement of Accounts with Members Withdrawing.
1. The settlement of accounts with respect to the General Resources Account shall be made according to 1 to 6 of this Schedule. The Fund shall be obligated to pay to a member withdrawing an amount equal to its quota, plus any other amounts due to it from the Fund, less any amounts due to the Fund, including charges accruing after the date of its withdrawal; but no payment shall be made until six months after the date of withdrawal. Payments shall be made in the currency of the withdrawing member, and for this purpose the Fund may transfer to the General Resources Account holdings of the member's currency in the Special Disbursement Account or in the Investment Account in exchange for an equivalent amount of the currencies of other members in the General Resources Account selected by the Fund with their concurrence.
2. If the Fund's holdings of the currency of the withdrawing member are not sufficient to pay the net amount due from the Fund, the balance shall be paid in a freely usable currency, or in such other manner as may be agreed. If the Fund and the withdrawing member do not reach agreement within six months of the date of withdrawal, the currency in question held by the Fund shall be paid forthwith to the withdrawing member. Any balance due shall be paid in ten halfyearly installments during the ensuing five years. Each such installment shall be paid, at the option of the Fund, either in the currency of the withdrawing member acquired after its withdrawal or in a freely usable currency.
3. If the Fund fails to meet any installment which is due in accordance with the preceding paragraphs, the withdrawing member shall be entitled to require the Fund to pay the installment in any currency held by the Fund with the exception of any currency which has been declared scarce under Article VII, Section 3.
4. If the Fund's holdings of the currency of a withdrawing member exceed the amount due to it, and if agreement on the method of settling accounts is not reached within six months of the date of withdrawal, the former member shall be obligated to redeem such excess currency in a freely usable currency. Redemption shall be made at the rates at which the Fund would sell such currencies at the time of withdrawal from the Fund. The withdrawing member shall complete redemption within five years of the date of withdrawal, or within such longer period as may be fixed by the Fund, but shall not be required to redeem in any half-yearly period more than one-tenth of the Fund's excess holdings of its currency at the date of withdrawal plus further acquisitions of the currency during such half-yearly period. If the withdrawing member does not fulfill this obligation, the Fund may in an orderly manner liquidate in any market the amount of currency which should have been redeemed.
5. Any member desiring to obtain the currency of a member which has withdrawn shall acquire it by purchase from the Fund, to the extent that such member has access to the general resources of the Fund and that such currency is available under 4 above.
6. The withdrawing member guarantees the unrestricted use at all times of the currency disposed of under 4 and 5 above for the purchase of goods or for payment of sums due to it or to persons within its territories. It shall compensate the Fund for any loss resulting from the difference between the value of its currency in terms of the special drawing right on the date of withdrawal and the value realized in terms of the special drawing right by the Fund on disposal under 4 and 5 above.
7. If the withdrawing member is indebted to the Fund as the result of transactions conducted through the Special Disbursement Account under Article V, Section 12( f )(ii), the indebtedness shall be discharged in accordance with the terms of the indebtedness.
8. If the Fund holds the withdrawing member's currency in the Special Disbursement Account or in the Investment Account, the Fund may in an orderly manner exchange in any market for the currencies of members the amount of the currency of the withdrawing member remaining in each account after use under 1 above, and the proceeds of the exchange of the amount in each account shall be kept in that account. Paragraph 5 above and the first sentence of 6 above shall apply to the withdrawing member's currency.
9. If the Fund holds obligations of the withdrawing member in the Special Disbursement Account pursuant to Article V, Section 12( h ), or in the Investment Account, the Fund may hold them until the date of maturity or dispose of them sooner. Paragraph 8 above shall apply to the proceeds of such disinvestment.
10. In the event of the Fund going into liquidation under Article XXVII, Section 2 within six months of the date on which the member withdraws, the accounts between the Fund and that government shall be settled in accordance with Article XXVII, Section 2 and Schedule K.
Schedule K: Administration of Liquidation.
1. In the event of liquidation the liabilities of the Fund other than the repayment of subscriptions shall have priority in the distribution of the assets of the Fund. In meeting each such liability the Fund shall use its assets in the following order:
( a ) the currency in which the liability is payable;
2. After the discharge of the Fund's liabilities in accordance with 1 above, the balance of the Fund's assets shall be distributed and apportioned as follows:
( a ) (i) The Fund shall calculate the value of gold held on August 31, 1975 that it continues to hold on the date of the decision to liquidate. The calculation shall be made in accordance with 9 below and also on the basis of one special drawing right per 0.888 671 gram of fine gold on the date of liquidation. Gold equivalent to the excess of the former value over the latter shall be distributed to those members that were members on August 31, 1975 in proportion to their quotas on that date. (ii) The Fund shall distribute any assets held in the Special Disbursement Account on the date of the decision to liquidate to those members that were members on August 31, 1975 in proportion to their quotas on that date. Each type of asset shall be distributed proportionately to members. ( b ) The Fund shall distribute its remaining holdings of gold among the members whose currencies are held by the Fund in amounts less than their quotas in the proportions, but not in excess of, the amounts by which their quotas exceed the Fund's holdings of their currencies. ( c ) The Fund shall distribute to each member one-half the Fund's holdings of its currency but such distribution shall not exceed fifty percent of its quota. ( d ) The Fund shall apportion the remainder of its holdings of gold and each currency.
(i) among all members in proportion to, but not in excess of, the amounts due to each member after the distributions under ( b ) and ( c ) above, provided that distribution under 2( a ) above shall not be taken into account for determining the amounts due, and (ii) any excess holdings of gold and currency among all the members in proportion to their quotas.
3. Each member shall redeem the holdings of its currency apportioned to other members under 2( d ) above, and shall agree with the Fund within three months after a decision to liquidate upon an orderly procedure for such redemption.
4. If a member has not reached agreement with the Fund within the three-month period referred to in 3 above, the Fund shall use the currencies of other members apportioned to that member under 2( d ) above to redeem the currency of that member apportioned to other members. Each currency apportioned to a member which has not reached agreement shall be used, so far as possible, to redeem its currency apportioned to the members which have made agreements with the Fund under 3 above.
5. If a member has reached agreement with the Fund in accordance with 3 above, the Fund shall use the currencies of other members apportioned to that member under 2( d ) above to redeem the currency of that member apportioned to other members which have made agreements with the Fund under 3 above. Each amount so redeemed shall be redeemed in the currency of the member to which it was apportioned.
6. After carrying out the steps in the preceding paragraphs, the Fund shall pay to each member the remaining currencies held for its account.
7. Each member whose currency has been distributed to other members under 6 above shall redeem such currency in the currency of the member requesting redemption, or in such other manner as may be agreed between them. If the members involved do not otherwise agree, the member obligated to redeem shall complete redemption within five years of the date of distribution, but shall not be required to redeem in any half-yearly period more than one-tenth of the amount distributed to each other member. If the member does not fulfill this obligation, the amount of currency which should have been redeemed may be liquidated in an orderly manner in any market.
8. Each member whose currency has been distributed to other members under 6 above guarantees the unrestricted use of such currency at all times for the purchase of goods or for payment of sums due to it or to persons in its territories. Each member so obligated agrees to compensate other members for any loss resulting from the difference between the value of its currency in terms of the special drawing right on the date of the decision to liquidate the Fund and the value in terms of the special drawing right realized by such members on disposal of its currency.
9. The Fund shall determine the value of gold under this Schedule on the basis of prices in the market.
10. For the purposes of this Schedule, quotas shall be deemed to have been increased to the full extent to which they could have been increased in accordance with Article III, Section 2( b ) of this Agreement.
Schedule L: Suspension of Voting Rights.
In the case of a suspension of voting rights of a member under Article XXVI, Section 2( b ), the following provisions shall apply:
1. The member shall not:
( a ) participate in the adoption of a proposed amendment of this Agreement, or be counted in the total number of members for that purpose, except in the case of an amendment requiring acceptance by all members under Article XXVIII( b ) or pertaining exclusively to the Special Drawing Rights Department; ( b ) appoint a Governor or Alternate Governor, appoint or participate in the appointment of a Councillor or Alternate Councillor, or elect or participate in the election of an Executive Director.
2. The number of votes allotted to the member shall not be cast in any organ of the Fund. They shall not be included in the calculation of the total voting power, except for purposes of: ( a ) the acceptance of a proposed amendment pertaining exclusively to the Special Drawing Rights Department and ( b ) the calculation of basic votes pursuant to Article XII, Section 5( a )(i).
( a ) The Governor and Alternate Governor appointed by the member shall cease to hold office. ( b ) The Councillor and Alternate Councillor appointed by the member, or in whose appointment the member has participated, shall cease to hold office, provided that, if such Councillor was entitled to cast the number of votes allotted to other members whose voting rights have not been suspended, another Councillor and Alternate Councillor shall be appointed by such other members under Schedule D, and, pending such appointment, the Councillor and Alternate Councillor shall continue to hold office, but for a maximum of thirty days from the date of suspension. ( c ) The Executive Director elected by the member, or in whose election the member has participated, shall cease to hold office, unless such Executive Director was entitled to cast the number of votes allotted to other members whose voting rights have not been suspended. In the latter case:
(i) if more than ninety days remain before the next regular election of Executive Directors, another Executive Director shall be elected for the remainder of the term by such other members by a majority of the votes cast; pending such election, the Executive Director shall continue to hold office, but for a maximum of thirty days from the date of suspension; (ii) if not more than ninety days remain before the next regular election of Executive Directors, the Executive Director shall continue to hold office for the remainder of the term.
4. The member shall be entitled to send a representative to attend any meeting of the Board of Governors, the Council, or the Executive Board, but not any meeting of their committees, when a request made by, or a matter particularly affecting, the member is under consideration.
Schedule M: Special One-Time Allocation of Special Drawing Rights.
1. Subject to 4 below, each member that, as of September 19, 1997, is a participant in the Special Drawing Rights Department shall, on the 30th day following the effective date of the fourth amendment of this Agreement, receive an allocation of special drawing rights in an amount that will result in its net cumulative allocation of special drawing rights being equal to 29.315788813 percent of its quota as of September 19, 1997, provided that, for participants whose quotas have not been adjusted as proposed in Resolution No. 45-2 of the Board of Governors, calculations shall be made on the basis of the quotas proposed in that resolution.
( a ) Subject to 4 below, each country that becomes a participant in the Special Drawing Rights Department after September 19, 1997 but within three months of the date of its membership in the Fund shall receive an allocation of special drawing rights in an amount calculated in accordance with ( b ) and ( c ) below on the 30th day following the later of: (i) the date on which the new member becomes a participant in the Special Drawing Rights Department, or (ii) the effective date of the fourth amendment of this Agreement. ( b ) For the purposes of ( a ) above, each participant shall receive an amount of special drawing rights that will result in such participant's net cumulative allocation being equal to 29.315788813 percent of its quota as of the date on which the member becomes a participant in the Special Drawing Rights Department, as adjusted:
(i) first, by multiplying 29.315788813 percent by the ratio of the total of quotas, as calculated under 1 above, of the participants described in ( c ) below to the total of quotas of such participants as of the date on which the member became a participant in the Special Drawing Rights Department, and (ii) second, by multiplying the product of (i) above by the ratio of the total of the sum of the net cumulative allocations of special drawing rights received under Article XVIII of the participants described in ( c ) below as of the date on which the member became a participant in the Special Drawing Rights Department and the allocations received by such participants under 1 above to the total of the sum of the net cumulative allocations of special drawing rights received under Article XVIII of such participants as of September 19, 1997 and the allocations received by such participants under 1 above. ( c ) For the purposes of the adjustments to be made under ( b ) above, the participants in the Special Drawing Rights Department shall be members that are participants as of September 19, 1997 and (i) continue to be participants in the Special Drawing Rights Department as of the date on which the member became a participant in the Special Drawing Rights Department, and (ii) have received all allocations made by the Fund after September 19, 1997.
( a ) Subject to 4 below, if the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to the membership in the Fund and the participation in the Special Drawing Rights Department of the former Socialist Federal Republic of Yugoslavia in accordance with the terms and conditions of Executive Board Decision No. 10237-(92/150), adopted December 14, 1992, it shall receive an allocation of special drawing rights in an amount calculated in accordance with ( b ) below on the 30th day following the later of: (i) the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to membership in the Fund and participation in the Special Drawing Rights Department in accordance with the terms and conditions of Executive Board Decision No. 10237-(92/150), or (ii) the effective date of the fourth amendment of this Agreement. ( b ) For the purposes of ( a ) above, the Federal Republic of Yugoslavia (Serbia/Montenegro) shall receive an amount of special drawing rights that will result in its net cumulative allocation being equal to 29.315788813 percent of the quota proposed to it under paragraph 3( c ) of Executive Board Decision No. 10237-(92/150), as adjusted in accordance with 2( b )(ii) and ( c ) above as of the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) qualifies for an allocation under ( a ) above.
4. The Fund shall not allocate special drawing rights under this Schedule to those participants that have notified the Fund in writing prior to the date of the allocation of their desire not to receive the allocation.
( a ) If, at the time an allocation is made to a participant under 1, 2, or 3 above, the participant has overdue obligations to the Fund, the special drawing rights so allocated shall be deposited and held in an escrow account within the Special Drawing Rights Department and shall be released to the participant upon discharge of all its overdue obligations to the Fund. ( b ) Special drawing rights being held in an escrow account shall not be available for any use and shall not be included in any calculations of allocations or holdings of special drawing rights for the purposes of the Articles, except for calculations under this Schedule. If special drawing rights allocated to a participant are held in an escrow account when the participant terminates its participation in the Special Drawing Rights Department or when it is decided to liquidate the Special Drawing Rights Department, such special drawing rights shall be canceled. ( c ) For purposes of this paragraph, overdue obligations to the Fund consist of overdue repurchases and charges in the General Resources Account, overdue principal and interest on loans in the Special Disbursement Account, overdue charges and assessments in the Special Drawing Rights Department, and overdue liabilities to the Fund as trustee. ( d ) Except for the provisions of this paragraph, the principle of separation between the General Department and the Special Drawing Rights Department and the unconditional character of special drawing rights as reserve assets shall be maintained.
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