500/1992 Sb.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
Change: 37/2010 Coll.
Change: 44/2015 Coll.
Change: 72/2013 Coll. 73/Coll.
The Federal Ministry of Foreign Affairs declares that on 20 April. September 1990
in Washington, were signed on behalf of the Czech and Slovak Federal
The Republic of these agreements:
The agreement of the International Monetary Fund (Washington, DC, July 22, 1944),
The agreement of the International Bank for reconstruction and development (Washington, 22.
July 1944)
The agreement on the International Finance Corporation (Washington, DC, may 25, 1955),
Agreement on the International Development Association (Washington, January 26, 1960) and
The agreement on Multilateral Investment Guarantee Agency (Washington, 11.
October 1985).
With the agreements have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the acceptance of these agreements the Czech and
Slovak Federal Republic were deposited with the depositary (the Government
The United States of America in the case of agreements of 22. July 1944, for
other international bank for reconstruction and development) on 20. September 1990.
The agreement entered into force for the Czech and Slovak Federal
Republic of 20 April 2004. September 1990.
English translations of the agreements shall be published at the same time.
The International Monetary Fund
_________________
*) Note. ASPI: the new wording of the agreement of the International Monetary Fund was published v37/2010 Coll.
Article home
I. the International Monetary Fund is based, and will act in accordance with the provisions of the
This agreement, as originally adopted, and later changed.
II. in order to enable the Fund to control its operations and transactions, will be in the pool
established General Administration and management of special drawing rights. The membership of the
The Fund will entitle you to participate in the management of special drawing rights.
III. Operations and transactions alleged to be under this agreement will be governed by the
General Administration, which according to the provisions of this agreement, consists of the account
general resources, the special account and the payment of the Storage account
However, the operations and transactions involving special drawing rights
will be controlled by the administration of the special drawing rights.
Article. (I)
The objectives of the
The objectives of the International Monetary Fund are:
I. to promote international monetary cooperation permanent institutions, which
secure the mechanism of consultation and cooperation in international currency
issues.
II. To facilitate the expansion and balanced growth of international trade and
to contribute to promoting and maintaining a high level of employment and of
real income and to the development of the productive resources of all members as
the primary objectives of economic policy.
III. support the kursovou stability, maintain orderly exchange arrangements
between members and cope with competitive currency depreciation.
IV. To assist in the provision of a multilateral system of payments for the common
transactions between members and in the removal of foreign exchange restrictions that prevent
development of world trade.
The members of the trust by amendment, they will be under appropriate guarantees
temporarily accessible to the general resources of the Fund, and provide them as follows
the opportunity to correct the fault in the serenity of their balances of payments,
without the Fund used to measure the harmful national or international
prosperity.
VI. in accordance with what was stated, to shorten the duration and lessen
the degree of imbalance in international payment balance of the members. The Fund shall
will drive each time your negotiations and decisions the objectives
referred to in this article.
Article II
Membership
Part 1.
The original members of the
The original members of the Fund will be the States represented on the monetary and financial
Conference of the United Nations, their Governments adopt membership before March 31.
in December 1945.
Part 2.
Other members of the
Membership will be open to the other countries at the time and under the conditions, what can
establish a Corps of Governors. These terms and conditions, including the conditions for subscriptions,
they will be guided by the principles of matching the terms put forward by against
the other countries which are already members.
Article. (III)
Quota subscriptions
Part 1.
Quotas and payment of subscriptions
Each Member will be determined by a quota expressed in special rights
pumping. The quota of members represented on the monetary and financial Conference
The United Nations, who shall take the membership before March 31. in December 1945, the
When piece measures referred to in annex a. Quotas of the other members shall be determined by the College
of Governors. Each Member's subscription will be equal to its quota and will be paid
the full amount of the Fund in the appropriate storage location.
Part 2.
Quota adjustment
and the choir performs in the governing) periods of not more than five years total
a review of quotas of members, and, if they consider it appropriate, it shall propose to the
their preparation. It may also, if it considers it expedient, to think in
any other form of adjusting the individual quotas, at the request of the competent
Member.
(b)), the Fund may at any time propose an increase in the quotas of those members of the Fund, who
they were members of 31. August 1975, in proportion to their quotas to this
date in the total sum not exceeding the amounts transferred pursuant to article V,
section 12f), i) and (j)) of the special payment on Account of the General account
sources.
(c) any change in quotas) is required osmdesátipětiprocentní most
of all the votes.
(d) the Member) the quota will not change until a member with the consent and will not take effect until the
fails to pay, unless it is a case where the payment assumed under part
3B) of this article.
Part 3.
The payment of quota changes
and every Member that) agree with an increase in its quota under section 2a)
This article, the Fund shall pay within the time limit laid down twenty-five percent of the
the increase in special drawing rights. Chorus of Governors, however, can
provide that the payment can be carried out on the same basis for all
Members in whole or in part in the currencies of other members designated by the Fund with
their consent or in their own currency Member. Neúčastník pays in
currencies of other members specifically provided for the Fund and, with their consent
part of the increase corresponding to the proportion that should pay the participants in
special drawing rights. Pay the balance increase in its
own currency. Holdings of currency of any Member, the Fund does not increase above the level,
in which would be subject to cost recovery charges in accordance with article V, section 8b) (II)
as a result of payments to other members under this provision.
(b)) for each Member that agrees with an increase in its quota, pursuant to part
2B) of this article, it is assumed that the Fund paid the amount of the bond,
that corresponds to such increase.
(c)) if the Member accepts a reduction of its quota, the Member shall be reimbursed by the Fund
within sixty days of the amount corresponding to the reduction. The payment of the Fund shall be made in
the currency of the Member, and in such amount in special drawing rights, or currencies other
designated members, with their consent, in order to avoid the reduction of holding currency
The Fund under the new quota; in exceptional circumstances, the Fund may, however, reduce the
his possession of the currency under a new quota payment of the Member in its own currency.
(d) a 70% majority of the votes) is required for any
decision referred to in the above paragraph and with the exception of the determination of the time)
and determine the currencies referred to in that provision.
Part 4.
Substituting currency securities
The Fund shall take account of general resources from any member of the site
any part of its currency, which, in the judgment of the Fund is not required to
its operations and transactions, vouchers or similar bonds issued by
the Member or its storage place designated pursuant to article XIII, section 2;
such a drop will be non-marketable securities, interest-free and
payable in their nominal value upon request by crediting in favour
the Fund's account on the specified storage space. This section applies not only to
the currency of the subscription members, but also to any currency otherwise due to the Fund
or obtained and specified in the general resources account.
Article IV
Obligations in relation to the kursovým networks
Part 1.
General obligations of members
As a recognition that the fundamental mission of the international monetary system is
to create a mechanism that facilitates the exchange of goods, services and capital
between countries and that supports a healthy economic growth, and that the main
the aim is sustainable development the ordinary basic conditions necessary for the
the financial and economic stability, with each Member undertakes to cooperate
with the Fund and with other members of the regular foreign exchange systems assurance
and to promote a stable system of exchange rates. Each Member shall, in particular:
I will be with due regard to their conditions to seek such
the focus of their economic and financial policies, to promote the orderly
economic growth at a reasonable price stability;
II. stability support will ensure the strengthening of the relevant basic
Economic and financial conditions and monetary system that would not lead
to the creation of random failures;
III. avoid manipulating exchange rates or the international
monetary system, which would inhibit the achievement of effective redress
the balances of payments or benefited from the advantages of unfair competition at the expense of
of the other members; and
IV. exchange rate policy will be carried out in accordance with the obligations under this
part.
Part 2.
General arrangement of exchange rates
and) each Member shall notify Fund within thirty days from the date of the second edit of this
The agreement exchange rate kursovou system, which it intends to apply in order to
fulfilled the obligations under part 1 of this article, and will immediately notify the
any changes in its exchange rate system.
b) according to the nature of how the international monetary system dominated the January 1st
1976, the exchange rate system include:
I. maintaining the value of the currency of the Member and by its options in relation to the
special drawing right or to different General denominators
other than gold, or
II. the common system, which members maintain the value of their currencies in
relation to the value of the currency or currencies of other members, or
III. other Exchange rate arrangement according to the choice of the Member.
(c)) in accordance with the development of the international monetary system, the Fund may generally
Eighty-five percent of the total votes to adopt measures of General
kursovém arrangement without limit the right of the members of the kursovou
a system of their own choice, corresponding to the objectives of the Fund and the obligations under the
Part 1 of this article.
Part 3.
Supervision on foreign exchange rate arrangement
and the Fund will oversee) the international monetary system to ensure
its effectiveness, as well as on how each Member dealing with their
obligations under part 1 of this article.
(b)) to the performance of its functions under the preceding paragraph a) will Fund
exercise supervision over the policy of the firm exchange rates of the members and shall, in
This way, the necessary policy as a directive for all members. Each Member of the
the Fund will provide the necessary information for such supervision and at the request of the Fund
discuss with him issues of exchange rate policy. Principles adopted by the Fund will be
match the joint arrangement, under which members maintain the value of the
their currencies in relation to the values of the currency or currencies of other members, as well as
as another currency arrangement, corresponding to the choice of the Member
the objectives of the Fund and the part 1 of this article. The principle of respect for the internal
social and policy members and in their application the Fund will
take due account of the conditions of the members.
Part 4.
Parity
The Fund may decide by the majority of votes of osmdesátipětiprocentní that
international economic conditions permit, in order to be introduced widely
applied by the system's arrangements, consisting of permanent, but
editable rates. The Fund shall take such a decision on the basis of
the proper stability of the world economy, taking into account the price
movements and the pace of development of the economies of the members. Decision, taking into account
to the development of the international monetary system-with particular attention to sources of
liquidity and in order to ensure effective interaction system parities, as well as
with respect to the arrangement whereby the members with both the přebytkovostí and the
the schodkovitostí balances of payments shall accede to the decisive day,
efficient and souměrnému measures for achieving a balance, as well as on the
the basis of the arrangements for the interventions and how to resolve the imbalance. After
the adoption of such decision shall be notified to the members of the Fund shall be applied
the provisions of annex c.
Part 5.
Special currency in the territories of the Member
and When the Member in the measures) issues its currency under this article shall be
consider that applies to the individual currencies of all territories in respect of which
a member has accepted this Agreement pursuant to article XXXI, section 2 g), if the Member
not that these measures are either just not the currency of the parent
territory, or only to one or more named specific currencies,
or to the currency of the parent area and also to one or more named
specific currencies.
(b)) at the hearing of the Fund under this article shall be deemed that the
applies to all currencies of the Member under the preceding paragraph a), if the
The Fund has declared otherwise.
Article. In
Operations and transactions of the Fund
Part 1.
Institutions acting with the Fund
Each Member shall act only with the Fund, through its Ministry of
of finance, the Central Bank, a stabilization fund or similar
financial institutions and the Fund will only deal with those institutions or
through them.
Part 2.
The definition of operations and transactions of the Fund
and in this) unless the agreement provided for otherwise, a transaction to the account of the Fund
will be limited to those which have to be a member of his initiative, equipped with
from the general resources of the Fund special drawing rights, or currency other
the members, led by the general resources Account for currency exchange Member that
requires a buyout.
(b)), the Fund may on request decide to accord financial and
technical services, including management of resources, which contributed members if
This is in line with the objectives of the Fund. The operation included in such
financial services provided will not go on account of the Fund.
Of the services pursuant to this paragraph does not arise to a member any commitment, if
with this effect the consent.
Part 3.
Conditions for the use of the general resources of the Fund
the Fund receives) directive on the use of its general resources including
the directives on the arrangements for the ready resources or similar agreement and may
adopt specific directives that help members solve their problems
the balance of payments in a manner corresponding to the provisions of this agreement and will be
provide reasonable security for the temporary use of the general resources of the Fund.
(b) will be entitled to buy back) the other members of the currency from the Fund for the
the corresponding amount of its own currency for the following conditions:
I. application of the general resources of the Fund Member will be in accordance with the
the provisions of this agreement and to the directives issued on the basis thereof;
II. the showing that needs to perform a buyout for the solution of the status of your
the balance of payments, or reserves, respectively. their development;
III. the proposed buyout will either purchase the reserve tranche or in
to the extent that the Fund holdings of the currency of a member who performs the purchase,
does not exceed 200 percent of its quota;
IV. The Fund has not been received before the Declaration referred to in section 5 of this article, in accordance with
Article VI, section 1 or Article XXVI, section 2a) that the Member who requested the
the purchase, is not eligible to use the general resources of the Fund.
(c) to examine the application of the) Fund buyout, to decide whether the proposed buyout would
was in conformity with the provisions of this agreement and with the directives adopted pursuant to
its implementation, saying that applications for redemption reserve tranche will not be
raised reservations.
(d) the Fund shall adopt a directive) procedure for the selection of currencies designed to
sale, and after discussion with members will take into account the status of the payment
balance of payments and the State of the reserves of both members and the development of the foreign exchange markets, as well as
desirable strengthening future balanced positions in the Fund; If
a member has submitted evidence that suggests a buyout of another Member, because
the buyer wants to receive for its currency equivalent amount offered
This will be the next member is entitled to buy back the currency of another Member,
If the Fund does not declare in accordance with article VII, section 3, that the holdings of such currencies
become an imbalance.
(e))
I. each Member shall ensure that balances its currency purchased from the Fund are
balances freely usable currencies, or that they can be exchanged at the time of purchase
as freely usable currency by its options and currency exchange rate between the
These two currencies, that corresponds to the exchange rate between them on the basis of article
XIX, Section 7a).
II. any member whose currency the Fund purchases or obtains them for
currency odkoupenou from the Fund, will work with the Fund and with other
Members, in order to allow that such balances will be exchanged at the time of purchase
for the freely usable currencies of other members.
III. Exchange of currency that is not freely usable, it will be referred to in point (I).
made a member of the, whose currency purchases, if such a member and
the buyer cannot agree on a procedure.
IV. The buyer from the Fund freely usable currency and the next Member
requesting the Exchange it for other freely usable currency, it performs the shift
another Member, if the Member so desires. The Exchange is carried out
freely usable currency selected by the second member when a course referred to in point (I).
on the front.
(f)), the Fund may agree in accordance with approved policies and procedures that place
the currencies of the other members shall provide to the participant who performs the buyout by
This section, special drawing rights.
Part 4.
Waiver of conditions
The Fund may, at its discretion and under conditions which ensure its
interests, waive any of the conditions set out in section 3b) (III), and
(IV) of that article, in particular in the case of the members of which are known to be
steer clear of large or standing using General Fund resources.
When the level of the Fund considers periodic conditions or exceptional requirements
Member of reaching remission. The Fund also takes into account the willingness of the Member
plight as acceptable collateral assets which,
in the opinion of the Fund sufficient value, in order to protect its interests, and may
arrest of such collateral may require, as a condition for
the remission.
Part 5.
The inability to use the general resources of the Fund
At any time the Fund has considered that Member uses the general resources of the Fund in a manner
that is contrary to its objectives, the Member shall submit a report on their views and
fix an appropriate time limit to the response. After the submission of this report may
Limit the use of the general resources of the Fund by that Member. In the absence of the
the deadline from a member, or if the received answer
unsatisfactory, the Fund may continue to restrict the use of the General Member
resources of the Fund or may the Member when it reasonably understand, declare
unfit to use the general resources of the Fund.
Part 6.
Other purchases and sales by the Fund's special drawing rights
the Fund may accept) special drawing rights offered by the participant for
the corresponding amount of the currencies of other members.
(b)), the Fund can provide to the participant upon request special rights
drawing for a corresponding amount of the currencies of other members. Holdings of the Member's currency
The Fund shall not exceed the level as a result of these transactions, which would
holdings are subject to cost recovery charges in accordance with section 8b) (II) of this article.
(c) Currency provided or received) by the Fund under this part shall be selected
According to the guidelines, taking into account the principles of the 3d) and 7i) of this
article. The Fund may accede to the transactions under this part only
If a member whose currency the Fund provides or receives, agrees
such use of its currency.
Part 7.
The buy-back its own currency of holding Fund
and the Member is entitled to) buy back its currency of holding fund
that is subject to the fees in accordance with section 8b) of this article.
(b)), from the Member who made the buyout under part 3 of this article, shall be
Typically, you expect that the proceeds to buy back its currency from repossession
The Fund, resulting from the purchase and is subject to the fees in accordance with section 8b)
This article, once will improve its balance of payments and the State of the reserves.
The proceeds to buy back the holding, if according to the directives on
redemption, that the Fund shall adopt, after consultation with the Fund declares him
It has to buy back due to the fact that it has improved
its balance of payments and the State of the reserves.
(c)) The who made the buyout under part 3 of this article, it shall make
the buy-back of its currency from the possession of the Fund resulting from the purchase and is subject to
the fees due under section 8b) of this article, however, no later than five
years after the date on which the redemption was made. The Fund may prescribe, to return
the buyout was conducted by instalments within a period of from three to five years after the date of
buy-back. The Fund may, eighty five percent majority of votes
to amend the period for redemption pursuant to this paragraph and any
period thus received will be applied to all members.
(d)), the Fund may 85 percent majority of the total votes to accept
time limits, other than as set forth in the preceding paragraph (c)), that will be
pay equally for all members to retroactive odkupům holding currency acquired
Fund in accordance with a specific directive on the use of the general resources.
(e)) The proceeding in accordance with the directives that the Fund receives the seventy
percentage of the majority of its votes, to buy back its currency from
possession of the Fund, whose acquisition of the nevyplynulo of the buyouts and the holding shall be subject to
the fees due under section 8b) (II) of this article.
(f)) decision, laying down, pursuant to the directive on the use of
the general resources of the Fund will be the period for redemption in accordance with previous
paragraphs (c)) or d) shorter than as provided for under the
the directive will apply only to possession by the Fund has acquired after the date of
the effectiveness of such a decision.
(g)) at the request of a member, the Fund may postpone the due date of the liability of a reverse
purchase, but not beyond the deadlines referred to in paragraphs (c) or (d)) above) or
According to the guidelines adopted by the Fund in accordance with paragraph e) above, if the Fund
unless otherwise decided by the seventy-percent majority of votes, that a longer period
to buy back, which corresponds to the temporary use of the general resources
The Fund is justified because the due date of the liability would be
Member has caused extraordinary difficulties.
h) directive pursuant to part Fund the 3d) this article may be accompanied by
the provision, according to which the Fund may decide, after consultation with the Member
to sell off under section 3b) this article its holdings of currency of this member
which has not to buy back in accordance with this section 7 without
prejudice to any other measures that may
Fund to proceed under any other provisions of this agreement.
I) All repurchases under this part shall pay special
drawing rights or the currencies of other members designated by the Fund. With regard to the
the currency to be used by members in the rear increases, the Fund shall take the
Directive and the rules of procedure, which will take account of the principles in the
section 3d) of this article. Holdings of currency of any member of the Fund which shall be
used to buy back, the buyback does not exceed the levels at which the
would be subject to cost recovery charges in accordance with section 8b) (II) of this article.
(j))
Even if the currency of a member. explicitly specified in the previous
paragraph (i)) is not freely usable currency, then such member shall ensure that the
It can be a member of the conducting the redemption obtained at this purchase for
freely usable currency at the choice of the Member whose currency has been included
between a specified currency. Currency exchange under this measure shall take place when the
the foreign exchange rate between the two currencies, that corresponds to the exchange rate between the
them on the basis of article XIX, Section 7a).
k)
II. any member whose currency was intended to Fund repurchases will be
to cooperate with the Fund and with other members in order to allow those members who
redemption shall be carried out, at the time of purchase to obtain the specified currency
the freely usable currencies of other members.
III. Exchange referred to in paragraph (j)) (I) above shall be carried out with a member whose currency
It is intended, if such member together with a member of the performing
the buy-back agrees on a different route.
IV. If a member carrying out wishes to receive the buy-back in time
This repurchase freely usable currency, another Member of the designated Fund
pursuant to paragraph i) above, receive it, if so requested by another Member, from this
another Member for freely usable currency at the rate, which is covered by
paragraph (j)) (I) on the front. The Fund may lay down rules about free use
the currency, which is to be opatřována of them.
Part 8.
Fees
and)
I. Fund saves the handling fee when you buy a special member rights
pumping or the currency of another Member from the general resources Account for his
its own currency, the Fund can provide a lower fee on
within the reserve tranche purchases than on others. Administrative fee
the reserve tranche purchases exceeds half a per cent.
II. the Fund may impose a fee to raise resources, and arrangements on
a similar agreement. The Fund may decide that the arrangement fee will be
applied administrative fee imposed under the preceding paragraph (I)
When purchases under this agreement.
(b)) the Fund will be to impose fees on their average daily balances of Member (s)
currency on Account of general resources in the following cases:
I have been obtained in accordance with the directives which apply to the excretion of
in accordance with article XXX (c)), or
II. the Member's excess quotas after exclusion of any balances,
covered by the previous paragraph (I).
The rate of charge will usually increase in the time zones for the time after
the holdings of balances.
(c)) if the Member does not redemption required in accordance with section 7 of this
Article, the Fund may, in discussion with him about reducing your tenure its currency store
such charges on their holdings of the Member's currency, for which should be
buy back, how the Fund considers it appropriate.
(d)) the decision on tariffs of fees pursuant to paragraphs a) and b) above which the
will be uniform for all members, and under the preceding paragraph (c))
Seventy percent required the majority of all the votes.
(e)) the Member will pay all fees in special drawing rights, in
as a member, the Fund may allow in exceptional cases, adjustment of fees
in the currencies of other members, laid down by the Fund in consultation with them, or in the
its own currency. Holdings of currency of any member of the Fund while shall not exceed the
the reasons salaries according to this measure the level at which it is no longer subject to the
the fees referred to in (b)) (II) above.
Part 9.
Rewards
and the Fund will pay the reward for) the amount by which the percentage quotas prescribed
According to other paragraphs (b) and (c))) exceeds the average daily balances
the Member's currency held by the Fund to the general resources Account, unless the
balances obtained pursuant to directives that lead to their exclusion, according to the
Article XXX of c). The rate of the remuneration which the Fund provides most of the seventy
percent of all votes, is the same for all members and shall not be higher than
the interest rate referred to in article XX, section 3, but not less than four
fifths of this interest rate. When determining the rate of pay will take the Fund in
account of the rates of the fees referred to in section 8b) of this article.
(b) the percentage of the quota applied for) the purposes of the preceding paragraph and)
shall be as follows:
I. for each Member who became a member of the second by editing this
The agreement, a percentage of the quota corresponding to seventy-five percent of his
the quota of the effective date of the second amendment of the agreement, and for any Member who
become a member after the second edit of the agreement, a percentage of the quota calculated as
the sum of the amounts that correspond to the percentage quota applied
against other members on the date on which the membership of such member, began
and the sum of the quotas of the other members on the same date; plus
II. the amounts paid by the Fund in the currency or in special rights
drawdown of pursuant to article III, section 3a) in front of the date specified by the
the preceding paragraph (b)) (I); minus
III. amounts received from the Fund in the currency or in special rights
drawdown of pursuant to article III, section 3 c) from the date specified under (b)) (I) above.
(c)), the Fund may on the basis of the decision of the majority of the seventy percent
votes to increase the percentage of each Member of the current quota applicable to
purposes referred to in paragraph (a))
I. up to a percentage not exceeding one hundred percent that will
established for each Member on the basis of the same criteria for all
Members, or
II. to a maximum of 100% for all members.
(d)) the remuneration shall be paid in special drawing rights, if the Fund or
the atmospherics, that reimbursement to the Member performs in its own currency.
Part 10.
Calculations
and the value of the items property of the Fund) on the accounts of the General Administration is expressed
in special drawing rights.
(b)) all calculations relating to the currencies of the members in the application of
the provisions of this Agreement with the exception of article IV and Annex C, shall be
perform when arrangements under which the Fund zúčtovává these currencies in accordance with part 11
This article.
(c) in the calculation of the amounts of the currency) relating to quotas in applying this
The agreement will not be included currency that is on a separate cash account
or on the Storage account.
Part 11.
Maintaining values
and the value of the currencies of the members) Account of general resources will be maintained in a
special drawing rights, in accordance with foreign exchange rates under article
(XIX) Section 7a).
(b)) to adjust the amount of currency held by the Member in the Fund, in compliance with this part
proceeding in the cases where this currency used in some operation or
the transaction between the Fund and the other a member of the, and if so can
choose to Fund or ask a member. The remuneration of the Fund or the Fund referred to in
such adjustments shall be made within a reasonable time after the date of adjustment
the decision of the Fund and at any other time on the request of the Member.
Part 12.
Other operations and transactions
and) in all its directives and decisions referred to in this part of the Fund will
guided by the objectives set forth in article VIII, part 7 and the intention to prevent control
the price of gold on the market or the determination of its fixed prices.
(b) a decision on the participation Fund) on the operations or transactions in accordance with other
paragraphs (c)), d) and (e)) will be taken on the basis of the majority of eighty five
percent of all votes.
(c)), the Fund may sell gold for currency of any Member, after consulting with the
a member of the, whose currency, the gold is sold, provided that the holdings of
the Member's currency the Fund on Account of the General sources shall not exceed this sale
the level at which members would be subject to the fees in accordance with section 8 (b)) (II)
This article without the consent of the Member, provided that the Fund at the request of
Member of the Exchange at the time of the sale of a part of the obtained currency for another currency
Member, in order to prevent such an increase. Exchange some currency for the currency
another Member shall be made after consultation with the Member and must not lead to
increase in holding the currency of this member with the Fund over the level at which the members of the
have been subject to the fees in accordance with section 8 (b)) (II) of this article. In terms of the
innings provides Fund policies and procedures, which will take into account the principles
put forward in section 7 (I) of this article. The sale of any Member under
This measure will be implemented at a price agreed for each
transaction on the basis of prices on the market.
d) Fund can accept from any Member salaries in gold instead of special rights
pumping or currency in any operations or transactions under this
The agreement. The salaries of the Fund under this measure will be at a price agreed for the
each operation or transaction on the basis of the prices in the market.
(e)), the Fund may sell off gold, which is in his possession on the date of effectiveness of the
the second edit of this agreement, those members who were members as of 31. August 1975
and who agrees with his purchase, in proportion to their quotas to this
the date. If the Fund intends to sell off gold by c) above for the purpose of
referred to under (f)), (II) further, can sell to each Member of the developing
countries, which is a part of the purchase, wants the gold, which in the case of
purchases pursuant to (c)) was a surplus, which he could otherwise be allocated
by f) (III). Gold, which could be sold under this measure
the Member, who has been declared ineligible to use the general resources
Fund in accordance with section 5 of this article, it will be sold until after the cancellation of such
incapacity, if the Fund decides to make such sale previously.
Selling gold to a member under this paragraph (e)) will be held for its currency
and for the price of the corresponding at the time of the sale of 0.888671 grams of pure gold for
a unit of special drawing rights.
(f)) at any time the Fund sells gold in accordance with paragraph (c)), which is in his possession to
the date of the second edit of this agreement, the amount of the proceeds will go to the corresponding to the day of
the sale of 0.888671 grams of fine gold per unit of special rights
drawing on the Account of general resources, and with the exception of when the Fund decides
otherwise, in accordance with paragraph (g)) in addition, any difference will go to special
payout account. The assets in a special cash account will be conducted
separately from other accounts, General Administration and can be at any time
used for:
I. to transfer on Account of general resources for immediate use for the
operations and transactions, which is determined by the authorization granted in other provisions of this
The agreement mentioned in this section;
II. to operations and transactions for which the authorization is given by the other
the provisions of this agreement are in accordance with the objectives of the Fund. In accordance with this
paragraph (f)), (II) may be granted subject to specific conditions help for
appropriate balance of members from developing countries, who are in the
difficult position; for this purpose, the Fund will take into account the level of income per
the residents;
III. the members from developing countries who were members of the 31.8.1975, to the allocation in the
the ratio according to their quotas of that part of the assets of the Fund decides to use
for the purposes referred to in the previous paragraph (II), as it corresponds to the ratio of the quotas
These members on the date of allocation to be the aggregate of the quotas of all members on the same date,
provided that the allocation under this measure to the Member that has been
declared ineligible to use the general resources of the Fund in accordance with section
5 of this article, shall be made to disability has passed, if the Fund
Decides to accede to the allocation previously.
The decision about the use of the assets referred to in paragraph (I) above is required
Seventy percent of the votes and a majority of the decisions referred to in (II), and
(III) the amount of eighty five percent majority of all votes cast.
(g)), the Fund may decide by a majority of votes osmdesátipětiprocentní, that
part of the difference, which is covered by paragraph (f)) above, shall be transferred to the
Storage account in accordance with the provisions of article XII, section 6 (f)).
h) until the use referred to in paragraph (f)), the Fund may impose currency
a member that has the Special cash account, in the
marketable bonds of the Member or to the tradable
bonds of international financial organizations. Income from such
the investment and the interest received by f) (II) above, they go to a Special payout
account. For any storage of such means will not occur without the consent of
the Member whose currency is used for the intended investment. The Fund will be
invest only in bonds in special drawing rights, or in the currency of the
It used.
I) on the administrative expenditure of the special payroll account paid from Account
general resources will from time to time to the general resources Account cover
transfer from a special account on the basis of a reasonable payment estimate
such expenditure.
(j)) special payout account shall be closed in the event of liquidation of the Fund and may
be closed prior to disposal of the Fund on the basis of the decision of the majority of
Seventy percent of all votes. When you close an account due to liquidation
The Fund will be any assets on the account is divided according to the provisions
Annex K. At its conclusion before scrapping fund will be to
an immediate use for operations and transactions. 70%
a majority of all votes, the Fund may adopt rules and regulations for the management of
Special payroll account.
Čl.VI
Transfers of capital
Part 1.
The use of the general resources of the Fund for capital transfers
and must not be used) the general resources of the Fund to cover large or
permanent capital with the exception of the provisions of part 2 of this article and
The Fund may invite the Member to make application of the surveillance has prevented such
the use of the general resources of the Fund. If a member fails to on receipt of such
challenges to apply appropriate control measures, the Fund declared
to use the general resources of the Fund of the incapacitated.
(b)) Nothing in this section does not lead to the interpretation that the
I. prevent the use of the general resources of the Fund for capital
transactions of a reasonable range as are necessary for the development of export or to
in the normal course of business, Bank or other such activities, or that
has
II. the Act on capital movements, which are covered by own resources
Member, but members commit themselves to such capital movements
will be in accordance with the objectives of the Fund.
Part 2.
Special provisions for transfers of capital
The Member will be entitled to proceed to the repurchase reserve tranche to cover
capital transfers.
Part 3.
Review of capital transfers
Members may exercise such control necessary to modify
international capital movements, but no Member shall engage in
This in a way that limited the salaries for common transactions
or to be unduly hold up the transfers to balance commitments with
exception of the provisions of article VII, section 3 (b)) and article XIV, section 2.
Article. (VII)
Replenishment of currencies and scarce currency
Part 1.
Measures to replenish currency held by the Fund
If the Fund should supplement its holdings of currency of any member of the
General resources account may make any or both of these
measures:
I propose a member to loaned its currency Fund for the assumptions and
terms agreed between the Fund and a member of, or to, the Fund with the approval of
Member, borrowed a currency from another source either in the territory of a member, or
outside them, but no Member is not obliged to provide such a Loan Fund
or agree to the Fund borrowed its currency from any other
source;
II. apply to the Member, if it is a participant, has sold its currency Fund
special drawing rights from the general resources Account in accordance with article
XIX, part 4. When the replenishment of resources in special drawing rights
the Fund pays due attention to the principles of determining the designation according to
Article XIX, section 5.
Part 2.
The general lack of currency
If the Fund finds that creates the general lack of a currency, it can
notify the members and to issue a report, setting out the reasons for this lack and
containing recommendations on how to remove it. The representative of a member whose currency
it comes, will take part in the preparation of the report.
Part 3.
The lack of Monetary Fund holding
and if the Fund) would be obvious that the demand for the currency of a member seriously
threatens the ability to annotate this currency Fund, the Fund officially declares,
whether or not the report issued under part 2 of this article, such currency
for imbalance and will henceforth be assigned its swift and
complimentary supply of scarce currencies with due regard to the relative
needs of the members of the general international economic situation and all
other important circumstances. The Fund also issues a report on your progress.
(b)) formal declaration under the preceding paragraph a) will act as a
empowerment of any Member, in consultation with the Fund temporarily restricted
freedom in scarce foreign currency. Without prejudice to the provisions of
Article IV and Annex C will have the full flexibility when determining the type of
such restrictions; These restrictions, however, do not exceed the necessary level to
the demand for scarce currency restrictions on the supply of the appropriate member of the
or he has připlývá; the restriction is released and lifted as soon as it
conditions allow.
(c)), authorised under the preceding paragraph (b)) shall lapse whenever the Fund
declaring officially that the currency is no longer considered
imbalance.
Part 4.
The application of restrictive measures
Any Member which imposes a restriction concerning the currency of any other
a member under the provisions of section 3 (b)) this article shall be considered with the understanding
another Member of the objections relating to the application of such restrictions.
Part 5.
The effect of other international agreements on the limitation
Members agree that they will not rely on commitments from the conventions
made prior to this agreement with any other Member in a manner that would
to carry out the provisions of this article said.
Article. (VIII)
General obligations of members
Part 1.
Introduction
In addition to the commitments taken under the other articles of this agreement,
each Member of the subjected to the obligations laid down in this article.
Part 2.
The abandonment of the limiting current salaries
and without prejudice to the provisions of article) VII, section 3 (b)) and article XIV, section 2
There will be no member of the Fund, impose restrictions without the approval of salaries and transfers in
current international transactions.
(b)) in the territory of any of the members cannot force closure of the foreign exchange
contracts relating to currency of any member and are in contradiction with the
the Foreign Exchange Administration rules this member, maintained in force, or
implemented in accordance with this agreement. In addition, members of the
mutual agreement to cooperate on measures to increase the effectiveness of
the foreign exchange control regulations of any Member, provided that such
measures and adjustments are in accordance with this agreement.
Part 3.
The abandonment of discriminatory currency practices
No Member shall not participate in or allow its financial institutions to
covered by article V, section 1, to participate in any
discriminatory currency arrangements or practices of plurality of courses, either in the
under the provisions of article IV or outside of it, or the provisions of the
prescribed in Annex C or under it-in addition to the cases to which it
This agreement confers, or which have been approved by the Fund. If, in the
the time when this agreement enters into force, such measures and
practices are applied, the Member shall be obliged to consult with the Fund,
How is phased out, if they are not maintained in force, or
implemented in accordance with article XIV, part 2, in which case it will be applied
the provisions of section 3 of that article.
Part 4.
The balances in foreign currency convertibility, held by
and) each Member will buy your currency balances, which are held by another
Member, if the Member requesting the redemption showing
I. that balances designed to buy up recently were obtained as a result of
current transactions; or
II. that their shift is needed to pay for the current transaction.
The buyer will have the option to pay either in the special rights
drawing-subject to the provisions of article XIX, section 4, or in the currency of a member,
requesting the buyout.
(b)) the obligation referred to in paragraph a) above does not apply if
I. the balance was limited convertibility under part 2 of this article or
Article VI, section 3;
II. the balances accumulated as a result of transactions made
before it was a member of the removed restrictions maintained in force, or
introduced pursuant to article XIV, section 2;
III. balances have been obtained in violation of foreign exchange rules, a member from the
which required their buyout;
IV. the currency of a member who requires a buyout, was declared imbalance
According to article VII, section 3); or
V. Member who was asked about the purchase, for any reason, is not entitled to
buy from other members of the currency Fund for its own currency.
Part 5.
Supply information
and) the Fund may require members to provide such information
considers it necessary for its activities, and that as a minimum necessary for effective
fulfilment of the obligations of the Fund, including data on the national economy concerning the
These questions:
I. official holdings of 1. Gold, 2. Foreign Exchange, both at home and abroad;
II. holdings of 1. Gold, 2. foreign currency at home and abroad by banking and
financial institutions other than official;
III. the gold mining;
IV. export and import of gold by countries of destination and origin;
In total exports and imports of goods expressed in terms of the domestic currency
According to the country of destination and of origin;
VI. the international balance of payments involving 1. trade in goods and
services, 2. transactions with gold, 3. the known capital transactions, and 4.
other items;
VII. status of international investments, i.e.. investments on the territory of the Member
property abroad and investments abroad with the property of the people on the
its territory, if it is possible to provide this information;
VIII. national income;
IX. price indices, i.e.. indices of wholesale and retail prices
goods and prices of export and import;
X. buying and selling foreign currency exchange rates;
XI. the management of the foreign exchange holdings, i.e.. for a comprehensive description of foreign exchange
measures in force at the time of the adoption of the Fund and membership details
subsequent modifications as they occur; and
XII. If there are official clearing agreement, provide details
of the amounts intended for clearing that result from trade and
financial transactions, and the length of time for which such arrears
have not been settled.
(b)) when requesting information, the Fund will consider changing the ability of members of the
provide the requested information. Members will not be obliged to provide information
in such detail that would proclaimed him the Affairs of the
individuals or companies. Members will, however, undertake to
shall supply the information requested as detailed and accurate as it can be done, and
avoid, if possible, by simply estimates.
(c)) on the basis of the agreement with the members of the Fund can provide additional information.
It has to function as the headquarters for the collection and exchange of information on monetary and
financial issues so as to facilitate the preparation of studies to help
Members in the processing of developing measures for the objectives of the Fund.
Part 6.
Consultations between the members of the existing international agreements
Where the Member is entitled under this agreement, to the specific and
temporary circumstances that are in it, maintained or introduced
restrictions on foreign exchange transactions, and where there are between members of other liabilities
closed prior to this agreement, which are contrary to the application of such
limitations, the parties involved in such commitments jointly advise
to take mutually acceptable adjustments as necessary. The provisions of the
This article will not be to the detriment of the effectiveness of article VII, section 5.
Part 7.
The obligation to cooperate in matters of reserve values
Each Member undertakes to cooperate with the Fund and with other members in order to
ensure that the directive concerning the Member reserve values will be in
line with the objectives to promote better international surveillance of international
liquidity and create from the special drawing rights the main folder of the reserves in the
the international monetary system.
Article. (IX)
Status, immunities and privileges
Part 1.
The purpose of the article
The Fund will be allocated to the territory of each Member of the status, immunities and
prior rights, as referred to in this article, so that it can fulfil the functions,
He is instructed.
Part 2.
The Status Of The Fund
The Fund is a full legal person and is entitled to, in particular:
I. enter into contracts;
II. to acquire immovable and movable property and to dispose of it; and
III. conduct of legal proceedings.
Part 3.
Judicial immunity
The Fund, its property and assets, wherever they are in the possession of any
entities shall enjoy immunity against any legal proceedings, if
explicitly give up their immunity in case of any hearing or
under the terms of certain contracts.
Part 4.
Immunity against other measures
The property and assets of the Fund, wherever located and held by any
subjects are protected from inspection, seizure, forfeiture,
expropriation or before any other way to ensure administrative
procedures or legislative act.
Part 5.
Inviolability of archives
Archives of the Fund shall be inviolable.
Part 6.
The liberation of assets from restrictions
All the property and assets of the Fund if they are needed for the implementation of
activities under this agreement, will be exempt from any kind of
the editing restrictions, controls or moratoria.
Part 7.
A preferential right for the transport of messages
With the official reports of the Fund will be treated the same way as members
official reports of the other members.
Part 8.
Immunities and privileges of officers and employees
All the Governors, Executive Directors, their náměstkové, members of the committees,
representatives of the provisions referred to in article XII, section 3 (j)), Adviser of any of
previous people, officials and employees of the Fund
I shall enjoy immunity in the case of legal process arising from the
the negotiations, which have made in their official capacity, except
When the Fund gave up this immunity;
II. If there are local nationals, will be at the same rate
exempted from the restrictions, which are enforced against immigrants; will be exempt
of the regulations on the registration of foreigners and of the obligations of military service and
get the same relief against foreign exchange restrictions as are accorded to
for the equivalent rank to the representatives, officials and employees of other members;
III. they will be granted the same treatment as regards travel facilities
as for the equivalent ranks are granted by Member States ' representatives,
the officials and staff of other members.
Part 9.
Exemption from taxes
and the Fund, its assets), assets, income, and its operations and transactions
arising from this agreement, will be exempt from any taxes and from
all customs duties. The Fund will also be released from the obligation to collect or
pay any tax or duty.
b) salaries and other income paid to the Fund by the Executive Directors, their
the Deputy, officials or employees of the Fund, who is not a national
citizens, local citizens, local subjects or other local
nationals are not subject to taxation.
c) Bonds or securities issued by the Fund and that are in the possession of the
any entities including dividends or interest on them will not be
be subject to any taxation,
I. that would discriminate such bond or security only for
their origin, or
II. If the only legal reason for such taxation is the place or
the currency in which they are issued, splatny or paid, or the location of the
any Office or business departments of the Fund.
Part 10.
The application of this article
Each Member will perform as necessary measures on their territories, in order to
their rule of law applied the principles of this article and shall inform the Fund about
details of the measures taken.
Article. X
Relationship with other international organisations
The Fund will work within the framework of this agreement, with any of the General
international organizations, and with public international organisations
they have specialized functions in related fields. Any arrangements for the
such cooperation, which could cause any amendment to any
the provisions of this Agreement, may be made only after you modify this Agreement
in accordance with Article XXVIII.
Article. XI
Relations with non-member countries
Part 1.
Commitments in respect of relations with non-member countries
Each Member undertakes to
I will not allow it even to some of its financial
the institutions referred to in article V, section 1 has participated in any
transactions with a non-member or of persons in the territories of non-members that would
contradiction to the provisions of this agreement or the objectives of the Fund;
II. that it will not cooperate with the non-member or with persons on the territory of the Member
in activities that would violate the provisions of this Agreement or the objectives of the
The Fund;
III. that will work with the Fund to take on its territories was
apply appropriate measures that would prevent such transactions with
non-members or persons in their territories, which would contradict the provisions of the
This agreement or the objectives of the Fund.
Part 2.
Restrictions on transactions with non-member countries
Nothing in this agreement restricts the right of any member to perform a restriction
foreign exchange transactions with non-members or with persons in their territory, if
The Fund finds that such restrictions are detrimental to the interests of the members and are contrary to the
the objectives of the Fund.
Article. (XII)
Organization and administration
Part 1.
The Structure Of The Fund
The Fund will consist of Choir, from the Governing Board, head of
the Director and of the apparatus, and in addition, from the Council, if the governing Corps
Eighty-five percent of the majority shall decide all votes that will be
apply the provisions of annex d.
Part 2.
Chorus of Governors
and permission) all under this agreement which are not directly reserved
The chorus of Governors, the Executive Head of a ward or the Director, for the
The College Board of Governors. Chorus of Governors consists of the Governors and their
Deputies, of whom one shall be appointed by each Member of the way will be
specified. Each Governor, and each Deputy will act in these functions
up to the time until the establishment of a successor. The Deputy should not vote
-with the exception of the absence of their Governor. Chorus of Governors elect
one of the Governors as its Chairman.
(b)) chorus of Governors may authorize the Executive Board for the performance of any of its
permissions-with the exception of those which are reserved by this agreement directly
The College Board of Governors.
c) chorus of Governors meeting will be held, as he lays down, or what will be the
convened by the Executive. Meetings of the governing Corps will be convened whenever
requested by fifteen members or members who have one-quarter of all the votes.
(d)) to any resolution to it's rightful governing meetings of the choir
requires the presence of the majority of Governors with at least two-thirds of all
votes.
e) each Governor will be entitled to cast a number of votes, how many of them were
granted pursuant to section 5 of this article, the Member which appointed him.
(f)) chorus of Governors may establish rules of procedure, according to which the Executive Board
can give a vote on the specific question of Governors without svolávala
meetings of his congregation, if it considers that such a procedure is in full interest
The Fund.
g) chorus of Governors and the Executive Board may adopt to the extent of the
the mandate of such rules and regulations, which are necessary or appropriate to
management of the activities of the Fund.
h) Governors and their aides will carry out its functions without compensation
by the Fund, however, replaces the reasonable expenses incurred by
by participating in the meetings.
even the Governors shall determine the remuneration) chorus, which is to be paid to the Executive Directors
and the Deputy, and the salary and terms and conditions of employment of the head of
the Director.
j) chorus the governing Executive Board may establish such committees, what
they consider appropriate. Membership of the committees need not be limited to the
the Governors or the Executive Director or the Deputy.
Part 3.
Executive Board
and) Executive Board will be responsible for managing the activities of the Fund and in the context of
This will perform all the permissions delegated to it by the College
of Governors.
b) Executive Board will consist of Executive Directors with the head
Director as its Chairman. Of Executive Directors
I. five will be appointed the five members, who have the largest quotas; and
II. fifteen other members will be elected.
For each regular election of Executive Directors can Chorus of Governors
Eighty-five percent majority of votes to increase or decrease the number of
the Executive Directors under (II) of this paragraph. The number of Executive Directors
referred to in paragraph (II) will be reduced by one or two in the case
If they are appointed as Executive Directors in accordance with the next paragraph (c)), if
Chorus of Governors decides by a majority of 85 percent
votes that this reduction would impede the effective performance of the functions of the Executive
ward or Executive Directors or threatened the desirable balance in
The Executive Corps.
(c)) if the second or some other regular election of Executive
the directors will not be among the members of the Executive Director pursuant to designate beneficiaries
paragraph (b)) (I) two like that, where the holdings of their currencies in the Fund to the account
general resources over the previous two years on average has fallen below
their quotas by the largest aggregate amount expressed in a special law
pumping, then one of them or the circumstances both of these members will be
the authority to appoint the Executive Director.
(d) elected Executive Directors) elections will be held in the two-year
periods pursuant to the provisions of Annex E, supplemented by such regulations
The Fund considers appropriate. Each regular election of Executive Directors
may the choir of Governors make an adjustment to the changing ratio of the votes required to
the election of the Executive Directors in accordance with the provisions of Annex E.
e) each Executive Director shall appoint the Deputy with full permission to act for
him in his absence. They are Executive Directors, who are Vice Presidents
name a few, are present, they can attend meetings but not náměstkové
vote.
f) Executive Directors will act in time, until
appointed or elected by their successors. Vacant if elected
the Executive Director before the 90 days before the end of the period for which
He was elected to the remainder of the term will be elected to the other members of the Executive Director,
who elected the former Executive Director. To select the required
the majority of the votes cast. Until the function, it will be
to exercise the Deputy Executive Director of the former in the scope of its
permissions-with the exception of the appointment of the Deputy.
g) Executive Board will be in operation continuously, will meet in the main
the Office of the Fund and shall meet as often as it will be the activities of the Fund
require.
(h)) to the current resolution of any meeting of the Board shall be required
most of the Executive Directors representing at least half of the votes.
I)
I. Each appointed by the Chief Executive Officer will be entitled to cast the number of votes
How many of them were in accordance with section 5 of this article is granted to a member who
his name was.
II. If the votes awarded to the Member, who shall be appointed by the Executive Director
referred to in paragraph (c)) have been committed by the Executive Director together with the voices of
granted to other members as a result of the last regular election of Executive
Member of the Board of Directors, may agree with each of the other members that the number of
votes have been granted, it may be returned to the designated Executive
the Director. The Member who shall negotiate such an agreement, does not participate in the election of the
the Executive Directors.
III. Each selected Executive Director will be entitled to dispose of so much
How many of them vote, he was elected.
IV. In cases in which they apply the provisions of section 5 (b)) of this article,
the number of votes that would otherwise be entitled to cast, Executive Director
reasonably be raised or lowered. All of the votes, which is the Executive Director
be entitled to cast, will be committed as a unit in the whole.
j) chorus of Governors shall adopt the rules under which a member that is not
entitled to appoint the Executive Director, referred to in paragraph (b)), it may send
representative to attend any meeting of the Board, in which the
will discuss the request of such member or matter relating thereto
specifically refers to.
Part 4.
The head of the Director and the device
and chooses the head of the Executive Board) Director, who does not perform the function of
the Governor or the Executive Director. The lead Director shall hold office
Chairman of the Board, but will not have voting rights, with the exception
the decisive voice in the case of equality of votes. You may participate in the meetings of the
The College Governors, but will not vote on such meetings. The head of the
the Director ceases to carry on its function as soon as the Executive so decides
chorus.
(b) the Director shall be the head of the Head) of the active Fund and will be managed under the
the leadership of the Board of the Fund's normal operations. When the General inspection
However, the Board will be responsible for the organisation, recruitment and
dismissal of the staff of the Fund.
c) head of the Director and staff of the Fund in exercising its functions will be
fully bound by their obligations only to the Fund and to any other
body out of it. Each Member of the Fund shall respect the international character of the
This obligation and to abstain from all attempts to influence any of the apparatus
in the performance of these functions.
(d)) in the appointment of staff will be the head of the Director with respect to the
the sovereign importance when selecting the workers of the highest apparatus
their level of efficiency and competence and accordingly to take into account
make this selection is made based on the widest options
geographical basis.
Part 5.
Vote
and) each Member will have two hundred and fifty votes and one more voice behind
each part of its quota equal to one hundred thousand special drawing rights.
(b)) at any time you will need to vote in accordance with article V, section 4 or 5 will have
each Member of the number of votes to which it is entitled under the preceding paragraph
and), but with the following modifications:
I shall have one vote for every four hundred thousand equivalent
special drawing rights of net sales of its currency from general resources
up to the date of the vote, or
II. one vote shall be deducted for the equivalent of every four hundred thousand
special drawing rights from its net purchases pursuant to article V, section 3
(b)), and (f)) up to the date of the vote,
provided that the net purchases or on the net
sales will not be never considered that exceed the amount equal to the
the quota of the Member concerned.
(c) all decisions of the Fund) will receive the majority of the cast
the votes cast, unless explicitly specified otherwise.
Part 6.
The reserve, the distribution of the net income and saving (investing)
and the Fund per year) will decide what portion of the net proceeds will be credited
general reserve or special reserve, and what part, if any will be
split.
(b)) Special Reserve Fund may be used for any purpose for which it may
use the general reserve-with the exception of its distribution.
c) if there is a breakdown of net proceeds of any year, in the
the benefit of all members in proportion to their quotas.
(d)), the Fund may at any time decide 70 percent majority of all
the vote on the distribution of any part of the general reserve. Any such
the Division goes to the benefit of members in proportion to their quotas.
e) Salaries according to the previous paragraphs (c) and (d))) will be held in
special drawing rights, if either the Fund or the Member would not decided that
the salary of a member is to take place in its own currency.
(f))
I can create a Storage Pool account for the purposes of this section (f)). The assets of the
storage account will be conducted separately from other accounts of the General
Administration.
II. the Fund may decide that it will be converted to a storage account
proceeds from gold sales in accordance with article V, section 12 (g)), and can the seventy
percent majority of votes decide to convert currencies held by bank account
general resources on a storage account to use for the immediate
storing these transfers shall not exceed the amount the total amount of General
reserve and special reserves at the time of decision making.
III. the Fund may impose currency of any member held by the Storage account
to this member or marketable bonds
international financial organizations. To any such investment is not
without the consent of the Member whose currency is used for investment. The Fund will be
store resources only in bonds in terms of special drawing rights
or in the values of currencies used for investment.
IV. income from saving funds may be invested in accordance with the
the provisions of this section (f)). The proceeds will be left on the neinvestované
Cluster storage account, or they can be used to cover expenditure management
the activities of the Fund.
The Fund may use currency. a member that has a Storage account,
to obtain the currency needed to cover the expenditure with the guidance of the activities of the Fund.
VI. in case of liquidation of the Fund will be the storage account is closed and before
liquidation of the Fund may be closed or the amount of storage can be reduced
Seventy-percent majority of votes. The same majority of the seventy
percent of the vote, the Fund may lay down provisions as regards the management and orders
The storage account, which will be in accordance with sections (VII), (VIII) and (IX).
VII. after closing an account because of the liquidation of the Storage Pool will be
any assets on the account is divided according to the provisions of the annex to
provided that the part of these assets, corresponding to the proportion of the assets
transferred to this account in accordance with article V, section 12 g) to total assets
transferred to this account will be considered an asset for a Specific
pay your account and will be distributed in accordance with annex a, paragraph 2), and (II).
VIII. after closing the account Storage prior to disposal of the Fund will be part of the assets
maintained at this account, corresponding to the proportion of the assets transferred to the
This account, in accordance with article V, section 12 g) to total assets on the account,
converted to a Special payout account, if it has not yet closed, and
the balance of assets maintained on the Storage account is transferred to the account of
general resources for immediate use in operations and transactions.
IX. After reduction of the amount imposed on the Fund will be part of the reduction, the corresponding
the ratio of assets transferred to a storage account, pursuant to article V, section 12 g) to
total assets, on this account, converted to a Special payout account,
If it has not yet been closed, and the remaining balance will be transferred to the account of reduction
general resources for immediate use in operations and transactions.
Part 7.
Disclosure messages
and the Fund will publish) an annual report containing its přezkoušený
revenue and expenditure account and will be issued in the three-month or shorter periods
overall statement about its operations and transactions, and their držbách special
drawing rights, gold and currencies of the members.
(b)), the Fund may disclose other such messages, if it considers it desirable for the
to accomplish its objectives.
Part 8.
Reporting the opinions of members of the
The Fund will have the right at any time to report informally, any Member
their views on any issue that occurs in connection with
This agreement. The Fund may decide the seventy percent majority of all
the votes that have been submitted to any Member shall publish a report on its
Monetary and economic conditions and trends that could
cause a serious imbalance in the international balance of payments of members.
If this member is not entitled to appoint an Executive Director, will be entitled to
to representation under part 3, j) of this article. The Fund does not disclose
report covering changes in the basic structure of the Organization
members.
Article. XIII
Offices and storage space
Part 1.
The location of the offices of the
The Fund's headquarters will be located in the territory of a member, which has the largest quota and
Agency or branch may be established in the territories of other members.
Part 2.
Storage space
and) each member country shall designate its Central Bank as a storage place for
all holdings of the Fund, the country's currency, or if the Central Bank determines the
such a different Institute, which will be acceptable for the Fund.
(b)), the Fund can maintain other assets including gold in storage places
designate five members with the largest quotas, and other designated storage
places that you can choose to Fund. Initially, it will be at least half of the držeb
Storage pool space, designated by the Member in whose territory the Fund has its
the main office, and at least 40 percent of the holding will be in storage
the remaining four places above members. All transfers
Gold Fund, however, will be carried out with due regard to the shipping
costs and the anticipated needs of the Fund. In case of urgency
Executive Board to convert all the gold stocks of the Fund or any
part to any place where they can get sufficient protection.
Part 3.
Guarantees for the assets of the Fund
Each member takes over all of the assets of the Fund guarantees against losses
arising from non-performance or late filing of a place that has specified.
Article. XIV
Arrangements for the transitional period
Part 1.
Notification (notification)
Each Member shall notify the Fund whether it intends to apply the transitional measures in the
2 of this article, or whether it is ready to assume the obligations of article VIII, section
2, 3 and 4. The Member that it will apply the transitional arrangements shall notify the Fund
as soon as it is ready to take on these commitments.
Part 2.
Foreign exchange restrictions
The Fund, which announced that it intends to apply the transitional measures
According to this provision, you may, without prejudice to any other provisions
the articles of this agreement, maintain and customize to suit changing circumstances
restrictions on salaries and transfers of current international transactions which were in
effective on the date when he became a member of the. Members, however, will be taken in its
the foreign exchange policy of continuous account of the objectives of the Fund and as soon as conditions
permitting, shall take all possible measures to the development of such business, and
financial arrangements with other members, which will facilitate international salaries
and support fixed exchange rates system. Members in particular, cancels the
zachovávaná restrictions under this part, after ascertaining that they will be with
This balance balance of payments even without such restrictions in a way that
not unreasonably hinder their access to the general resources of the Fund.
Part 3.
The activities of the Fund in relation to limitations
The Fund will issue annual reports on restrictions that are in effect
According to part 2 of this article. Each Member that still retains the restriction
incompatible with the provisions of article VIII, sections 2, 3, or 4, will annually consult with
The Fund, in respect of their validity. If it considers it in emergency
cases, the Fund may notify any Member that are
suitable conditions for the revocation of a particular restriction or for General
waiving restrictions that are incompatible with any of the other
the articles of this agreement. The Member will be given a reasonable period within which to reply to the
such a warning. If the Fund finds that a member takes on the established
constraints that are incompatible with the objectives of the Fund, this will be
Member of Article XXVI, part 2).
Article. XV
Special drawing rights
Part 1.
Permission to allocate special drawing rights
To cover the needs, however, and whenever a Fund is entitled to
assign as a supplement to existing reserve values special rights
drawing members who are participants in the Special Drawing Rights Management.
Part 2.
Evaluation of special drawing rights
Method of evaluating the special drawing rights will be determined by the Fund of the seventy
percent majority of votes; If there would be a change will be to
Eighty-five percent approval, the majority of the total votes.
Article. XVI
General Administration and management of special drawing rights
Part 1.
Separation of operations and transactions
All operations and transactions involving special drawing rights shall be
through the management of special drawing rights. All other operations
and transactions on the account of the Fund admitted this agreement or pursuant to it are
conducted through the General Administration. Operations and transactions referred to in
Article XVII, section 2 shall be conducted both through the General Administration,
Management of special drawing rights.
Part 2.
Separation of assets and property
All the assets and the Fund's assets-with the exception of the resources managed by the
Article V, section 2 (b))-in the General Administration will be conducted separately, so that
assets and assets acquired under article XX, section 2 and Article XXIV and XXV,
as well as in annexes H and I shall be in the possession of the specific rights Management
pumping. No assets or assets held by one administration cannot be used to
be paid or liabilities, obligations or coverage of losses incurred in the Fund
implementation of operations and transactions of the other administration except when
expenses related to the activities of the Special Drawing Rights Management will be covered by
The Fund of General Administration, which will be covered from time to time in special
drawing rights benefits pursuant to article XX, section 4 on the basis of influence
the estimate of such costs.
Part 3.
Records and information
Any changes in the holdings of special drawing rights shall take effect
accounting registration in the management of the Fund's special drawing rights. The participants in the
shall notify the Fund, according to which the provisions of this Agreement are
special drawing rights used by the. The Fund may require from participants
providing such other information as it considers necessary for the performance of
of its functions.
Article. XVII
Participants and other holders of special drawing rights
Part 1.
The participants in the
Each Member of the Fund, which saves the document to the Pool that takes over
all of the obligations of the participant management of special drawing rights in accordance with the
its laws and that it has taken all the necessary measures in order to
to meet all these commitments, will become a participant in the management of special rights
drawing on the date when the document is saved; However, no member of the
not going to happen by the participant before the provisions of this Agreement relating
exclusively to the management of special drawing rights shall take effect, and documents
have been deposited under this section members, representing at least
Seventy-five percent of the total aggregate of the quotas.
Part 2.
As the holder of the Fund
The Fund may be held by special drawing rights on Account of the general resources
and can receive and use in operations and transactions conducted
general resources account with the parties under the provisions of
This agreement, or with specified holders according to the criteria and conditions
established pursuant to section 3 of this article.
Part 3.
Other holders of
The Fund may determine:
I. for the holders of non-members who are not participants, institutions engaged in
the function of the Central Bank for more than one Member and other official
authorities;
II. terms and conditions under which holders may be designated
enabled, it may be held by special drawing rights and can be
receive and use in operations and transactions with participants and other
designated by the holder; and
III. terms and conditions under which the participants and the Fund may
general resources account to participate in operations and transactions in
special drawing rights with the designated holder.
The decision by (I) of this section requires the majority of eighty five
percent of the total votes. Terms and conditions determined by the Fund, must be
in accordance with the provisions of this agreement and with the efficient action of the management
special drawing rights.
Article. XVIII
The allocation of special drawing rights, and interference
Part 1.
Policy and terms governing the allocation and interference
and) in all of its decisions relating to the allocation of or interference
special drawing rights the Fund will seek to cover for the total
the long-term need for the extent, as and when it arises, by complementing
the existing reserve values in such a way so as to enhance
achievement of its objectives and prevent economic stagnation and deflation, as well
so as the excessive demand and the inflation in the world.
(b)) when the first decision on the allocation of special drawing rights will be taken into
as a specific aspect of the common opinion that it is generally appropriate to add
reserves and achieve a better balance of payment balances, as well as the
will probably be on more effective action of the balancing process in
the future.
Part 2.
Allocation and interference
and the Fund's grant or) decision to cancel the special drawing rights is
will apply to the base period, which will follow up on yourself and
will be five years. The first period starts on the date of the first decision on the
the allocation of special drawing rights, or such later date as will
provided for by this decision. Any rations or interference will
held at yearly intervals.
(b)) Rates, for which the allocations, will be expressed in the
percentage of net summary of allocations of special drawing rights as of the date
any decision about cancellation. The percentage will be the same for all
participants.
(c)) in its decisions, relating to any of the base period,
the Fund may, without regard to the previous paragraph a) and (b)) provide that
I. duration of the baseline period will be different than five years; or that the
II. allocation of or interference will take place in other than annual
intervals; or that the
III. the basis for the allocation of quotas or interference or a clean summary
allocations to other data than at the date of the decision on allocation or cancellation.
(d)) a member who becomes a party after the beginning of the base period,
will receive allocations from the following base period then when he became
the participant, if the Fund decides that a new entrant will receive allocations already
from the nearest allocation then when he became a participant. If The Fund
Decides that the Member who becomes a participant during the base period,
will receive rations for the rest of this period, and the participant has not been
a member of the data determined in accordance with the preceding paragraphs b) or (c)), the Fund
Specifies the basis on which those allocations will be a participant in
take place.
e) participant will receive allocations of special drawing rights on the basis of
any decision on appropriations, with the exception of cases
I. when the Governor did not vote in favour of the decision per participant; and
II. when the participant Fund announced in writing before the first allocation of special
drawing rights pursuant to this decision, that it does not wish to be under the
It allocated special drawing rights. The Fund may, at the request of the participant
decide that invalidates the notification concerning the allocation
special drawing rights, that would have occurred after the time of such cancellation.
(f)) if the effective date of any cancellation, the amount of the Special
drawing rights, which is held by one of the parties, smaller than its
the proportion of special drawing rights, which are to be repealed,
participant of its negative balance promptly, as his status, his gross
reserve permits it, and in this context, to consult with the Fund.
Special drawing rights, acquired by the participant after the effective date of the cancellation,
will be used to settle its negative balance and canceled.
Part 3.
Unforeseen serious development
The Fund may change the rate or the period of allocation or interference during the rest of the
a base period or change the length of a base period.
start the new base period, whenever it finds such a procedure desirable from the
because of unforeseen serious development.
Part 4.
Decisions on allocations and cancellations
and) decision in part 2 and), b) and (c)) or section 3 of this article
will be accepted by the College Governors on the basis of proposals by the head of the Director
agreed in the Executive Corps.
(b)) prior to the submission of any draft, and then, when you make sure that the
in accordance with the provisions of part 1) of this article, and does the head of the
the Director of such consultation, which will allow him to determine that the
participants in the widespread support for this proposal. Before submitting its proposal on the
the first envelope is a leading Director in addition to making sure that was true
the provisions of section 1 (b)) of this article, and that is between the parties to a wide
support for start of allocations; the design on the first allocation shall submit, immediately after
the establishment of the management of special drawing rights, once convinced of compliance with
those assumptions.
(c) the Director shall submit proposals)
I. no later than six months before the end of each base period;
II. at any time, is satisfied that the provisions of the preceding are met
paragraph (b)), if it was not taken any decisions on allocation or
cancellation for the base period;
III. If pursuant to part 3 of this article, be considered desirable to change rate
or intervals allocations or interference or change the length of the base period
or the beginning of the new base period; or
IV. within six months of the request of the Corps of Governors or Executive
the choir;
However, if the head of the Director finds in accordance with previous points (I), (III)
or (IV) that no proposal has been submitted, that it considers appropriate
the provisions of section 1 of this article and that should be a wide support among
participants under the preceding paragraph b), submit a report to the College
Governors and the Executive Board.
(d)) to a decision under section 2 a), b) and (c)) or part 3 of this article
the exception provided for in article 3 of the decision on the reduction of the rates of the allocation is required
osmdesátipětiprocentní the majority of all the votes.
Article. XIX
Operations and transactions in special drawing rights
Part 1.
The use of special drawing rights
Special drawing rights may be used in operations and transactions,
that are in this agreement or allowed on that basis.
Part 2.
Operations and transactions between participants
and the participant will be entitled to use) their special drawing rights to
to obtain the equivalent amount of currency from a participant designated under section 5 of the
This article.
(b)) a participant may use your special drawing rights in an agreement with another
the entrant to ensure that he won the equivalent amount of currency.
(c)), the Fund may generally Seventy per cent of all votes cast to determine the operation,
which the participant is entitled to make, in agreement with the other party as
such assumptions and conditions, what the Fund considers appropriate. These
terms and conditions must be in accordance with the effective action of the management
special drawing rights and the proper use of the specific rights of the
disbursement under this agreement.
(d)), the Fund may raise objections against the party that is involved in the
some operation or transaction of a by b) or c) of this section, which would
in the opinion of the Fund could be prejudiciální for the procedure for determining the
According to the principles of part 5 of this article, or is otherwise incompatible with the
Article XXII. Against a participant that hovers over the negotiation of such
the operations or transactions, article XXIII, section 2 (b)).
Part 3.
The request needs
and) it is assumed that the participant will use their special drawing rights
in the transactions in part 2 and) of this article with the exception of cases
set out in the next paragraph (c)) only if it's about him
balance of payments needs arising from or the State or the development of its provisions
and not just a mere intention to change the composition of its reserves.
(b)) the use of special drawing rights will not be suspended due
a mere assumption under the preceding paragraph), the Fund may, however,
to raise objections to a participant that does not meet this assumption.
The participant, which will continue in violation of this assumption, the
subject to the provisions of article XXIII, section 2 (b)).
(c)), the Fund may waive provided under paragraph a) top for any
the transaction, in which the participant uses the special drawing right,
to obtain the equivalent amount of currency from a participant designated under section 5 of the
This article, which would contribute to the recovery of possession of special drawing rights
the other party in accordance with section 6) of this article, to prevent or
reduce the negative balance of the other party or to offset the consequences of the
the neglect of the other party in the performance of assumption referred to in paragraph
and) this section.
Part 4.
The obligation to ensure the currency of the
and the participant designated by the Fund) in accordance with section 5 of this article shall ensure that the
the request of the participant, it's the special drawing right as part of the
2 a) of this article, freely usable currency. The obligation of the participant
secure the following currency does not exceed the limit at which the holdings of special rights
pumping would exceed twice the net aggregate allocations or
exceeded such a higher limit, as may be agreed upon between the participant
and the Fund.
(b) a participant may provide currency) above the level of a binding limit, or
any higher negotiated borders.
Part 5.
The determination of participants to provide currency
and) the Fund shall ensure that the participant is able to use its special rights
drawing by specifying the participants, who will be called to this way for
the set amount of special drawing rights provided currency for the purposes of
in part 2 and) and 4 of this article. The determination of these participants will be
carry out according to the following general principles, for such
other principles that the Fund may accept from time to time:
I. participant may be specified (dezignován), if the status of the payment
balance of payments and gross reserves is large enough, however, is not
preclude the possibility of any participant with a strong reserve position
dezignaci occurred even if its balance of payments is slightly
the concerned. Participants will be thus to support between them
from time to time the balanced distribution of holding special drawing rights.
II. Participants will thus in order to contribute to restoring
holding special drawing rights under Part 6) of this article, to reduce
negative balances such possession or that balanced the consequences of neglect
the performance provided under part 3 of this article.)
III. when determining the participants in the Fund will give priority to those who usually
they need to get the special drawing rights, in order to meet the objectives of the dezignace
under (II) above.
(b)) in order to promote balanced gradually, as necessary, the distribution of tenure
special drawing rights under the preceding paragraph a) (I), the Fund will
apply the rules for determining in accordance with Annex F or such rules,
which may be adopted in accordance with the next paragraph (c)).
c) rules for determining may be reviewed at any time, and if necessary
may be adopted and new rules. If you do not accept the new
the rules will continue to apply the rules in force at the time of their
revision.
Part 6.
Restoration of the tenure of special drawing rights
and) participants who use their special drawing rights, the
to renew the tenancy under the rules for the renewal set out in the annex
G or according to such rules, which may be adopted by the next
paragraph (b)).
(b) the rules for the recovery of possession) can be reviewed at any time and by
the needs may be adopted and new rules. Until the adoption of the
the new rules, or if the decision to cancel was taken for
recovery of possession, will continue to apply the rules in force at the time of their
revision. To make decisions about acceptance, about changing or repealing rules
requires a 70% majority of all votes cast.
Part 7.
Foreign exchange rates
and) with the exception according to the following paragraph (b)) will be foreign exchange rates for
the transaction between the parties pursuant to section 2 a) and b) of this article, such
the participants using special drawing rights received the same
the value, whether it be any currency and any opatřované participants; Fund
shall issue the regulations for the application of this policy.
(b)), the Fund may 85 percent majority of the total votes to accept
the measures, according to which may, in exceptional circumstances, a majority of the seventy
percent of the total votes, to entrust the participants involved in the transactions referred to in
section 2 (b)) of this article, to agree on other arrangements than for
that apply to the previous paragraph).
(c)) the Fund will consult with participant in the procedure for the determination of foreign exchange
courses in its currency.
(d)) in the application of this provision, the term also applies to the participant
ending of the participant.
Article. XX
Management of special drawing rights, interest and fees
Part 1.
Interest
The Fund will pay to each holder of the amount of his tenure to special rights
drawing interest, and at the same rate for all holders. The Fund will pay the
the amount due to each holder, regardless of whether the fees,
received by the Fund to cover the payment of interest, are sufficient, or
not.
Part 2.
Fees
The Fund will be paid to each participant fees when the same rate for
all participants of the amount of its net aggregate allocations of special
drawing rights, plus any debit balance or unpaid
fees.
Part 3.
The rate of interest and fees
The interest rate determines the Fund mostly seventy percent of all votes. The rate of the
fees will be the same as the interest rate.
Part 4.
Saving benefits
If it is determined by the remuneration paid in accordance with article XVI, section 2, Pool stores for
the purpose of the levy at the same rate for all participants of their
NET summary of allocations.
Part 5.
Payment of interest, fees and charges
Interest, fees and other charges shall be paid in special drawing rights.
The participant who needs special drawing rights to the payment of any
fee or levy, will be required to even be entitled to obtain them for the currency
acceptable for the Fund on the basis of transactions with the Fund through an account
general resources. If it is not possible to obtain sufficient special rights
drawing in this way, the participant shall be entitled to get them on and
the basis of the freely usable currencies from one of the parties, which the Fund
Specifies. Special drawing rights, which the participant gets overdue
payments will be applied to the payment of his unpaid charges and cancelled.
Article. XXI
General Administration and management of special drawing rights
and General Administration and management) of the special drawing rights shall be managed in
accordance with article XII of the following provisions:
I. meetings or decisions of the Corps of Governors on issues
related exclusively to the Special Drawing Rights Management will be for
the purpose of convening meetings and determining whether it is a valid resolution on the
provided the necessary participation or whether any resolution is adopted
the majority, be taken into account only the requirements or counts and voices
Governors appointed by the present members who are participants in.
II. Decisions of the Board on matters relating exclusively to the
Management of special drawing rights will be allowed to vote just performing
Directors appointed by the participants or Executive Directors elected at least
one Member who is a participant. Each of these Executive Directors
will be entitled to cast the number of votes allocated to the Member, that is
participant and who appointed him, or allocated to members who are
participants, and whose voices were elected as Executive Director. When deciding on the
whether the resolutions required or whether some
a resolution is adopted by the required majority, will be taken into account only
present Executive Directors, appointed or elected members who are
with the voices of participants assigned to the members who are participants in. For the purposes of
This provision is based on the agreement pursuant to article XII, section 3 (i))
(II) agreed a member which is a party, shall be entitled to appointed by the Executive
the Director of the vote for such member and return the number of assigned to him
votes.
III. On the issues of general management and administration of the Fund, including payments by
Article XVI, section 2 and any issues, whether they relate to both administrations
or just the management of special drawing rights, will be decided as if
they related exclusively to the General management. A decision on the methods of
evaluation of the special drawing right, the reception and held by special rights
drawing on the general resources Account and use of the General Administration
and other decisions relating to the operations and transactions conducted
General Resources Account through both General Administration,
Management of special drawing rights, shall be taken by the majority required
the decision on questions relating exclusively to each of these
administrations. In a decision on issues relating to specific rights Management
drawing will be marked this as follows.
(b)) in addition to the privileges and immunities, which are granted in accordance with article IX of this
Agreement, you will not be charged no tax of any kind on the special rights
drawing or on the operations or transactions in special drawing rights.
(c)) on the interpretation of the provisions of this Agreement in matters relating to the
exclusively to the Special Drawing Rights Management Executive Board decides, in conformity with the
Article XXIX and only upon request of the participant). Once the Executive Board has made a
a decision on the question of interpretation relating exclusively to the Administration of the Special
drawing rights may only require that such participant question was
the Corps of Governors submitted in accordance with article XXIX b). Chorus of Governors
decide whether the Governor, appointed by the Member who is not a party, the
entitled to vote in the Committee in the matter of interpretation of the provisions on the issues of
relating solely to the management of special drawing rights.
(d)) at any time a disagreement between the Fund and the participant has ceased to
participation in the management of special drawing rights, or between the Fund and any
a participant during the liquidation of the special drawing rights in the Management of any
matters arising exclusively from the participation in the management of special rights
pumping, this contradiction will be submitted for decision in accordance with the procedure
in accordance with article XXIX (c)).
Article. XXII
General obligations of the participants
In addition to the commitments assumed in relation to the special drawing right as
the other articles of this agreement, each participant assumes the obligation
cooperate with the Fund and with other participants, in order to facilitate effective
the action of the management of special drawing rights and the proper use of special
drawing rights under this agreement and in accordance with the objective to make a special
drawing right the basic component of reserves in the international monetary system.
Article. XXIII
Stop the operations and transactions in special drawing rights
Part 1.
Measures in case of emergency
In the case of emergency or unforeseen circumstances,
affecting the operations of the Fund in case management of special drawing rights can
Executive Board 85 percent majority of the total votes to suspend
for a certain period, but no longer than for one year, the effectiveness of any
the provisions concerning the operations and transactions, in particular the rights of the
pumping and then applies the provisions of article XXVII, part 1, b), c) and (d)).
Part 2.
Failure to fulfil obligations
and) if the Fund finds that a party has failed to fulfil its obligations under article
XIX, part 4, will be suspended the right of the participant to use the special rights
pumping, if the Fund decides otherwise.
(b)) if the Fund finds that a participant has failed to fulfil any other obligation,
concerning the special drawing rights, the Fund may suspend the right to
the participant's use of special drawing rights, which gets after the decision to
This suspenci.
c) measures will be taken (legislation) to ensure that recourse to the
any participant under the preceding paragraphs a) or (b))
a participant shall promptly informed about complaints against him, and he will be given the
a reasonable opportunity to take an opinion on this case both orally and
in writing. He was a participant at any time following complaints received by trained
paragraph a) of this section, the use of special drawing rights, up to
settlement of the complaint.
d) suspension pursuant to paragraphs a) or (b) above) or restrictions under
the preceding paragraph (c) shall not relieve Subscriber ensure obligations) currency
pursuant to article XIX, section 4.
(e)), the Fund may at any time withdraw the suspensions under paragraphs a) or (b)),
However, the suspension imposed pursuant to paragraph (b)) to the participant for
failure to fulfil obligations under article XIX, section 6) will end up to one hundred eighty
days after the first calendar quarter during which the participant
has fulfilled their obligations on renewal of tenure.
(f) the right to use their participant's) special drawing rights will not be
suspended for reasons that became ineligible to use the general resources
Fund in accordance with article V, section 5, article VI, section 1 or Article XXVI, section
2 a). The provisions of Article XXVI, part 2 does not apply in the case where
the participant has not fulfilled any commitment on special drawing rights.
Article. XXIV
Their participation
Part 1.
The right to terminate the participation of
and) any participant may terminate its participation in the management of
special drawing rights by passing a written notice of termination of the Fund at its headquarters.
Termination shall take effect on the date on which the Fund received an eviction notice.
(b) If a participant pleaded) membership in the Fund, it is considered that, in parallel with the
This ended his participation in the management of special drawing rights.
Part 2.
Settlement on termination of participation
and as soon as the participant) ends its participation in the management of special rights
pumping, will stop all operations and transactions that a party
in special drawing rights, unless otherwise permitted under the
agreements negotiated under paragraph (c)), in order to facilitate the settlement, or
as provided for in sections 3, 5 and 6 of this article and in annex h. Interest
and fees to the date of termination of the adults, as well as the levy imposed before this
on the day, but not paid, will be reimbursed in special drawing rights.
(b)) the Fund shall be obliged to reimburse all of the special drawing rights, which are
held by the ending of the participant, and the participant is obliged to pay to the Fund
an amount equal to its net aggregate allocation and any other
the amounts that are due and payable and due to its participation in the management of
special drawing rights. These commitments to each other and
the amount of the special drawing rights, which is in the possession of the ending of the participant and
that will be used to compensate for its uhrazovaného of the commitment of the Fund, the
cancelled.
(c)) shall be carried out with due Settlement operability based on agreement
between the participant and the ending Fund for all the commitments by the outgoing participant
or the Fund after the application under the preceding paragraph (b)). If
it reaches an accelerated settlement arrangements, the provisions of
Annex H.
Part 3.
Interest and charges
After the date of termination of the participation Fund shall pay interest on any of the outstanding
the balance of the special drawing rights, which is in the possession of the participant, and ending with the
the participant will pay the fees for any outstanding balance that is owed
The pool, on the terms and rates, as set out in article XX. The payment is
performs in special drawing rights. Ending the participant will be entitled to
get special drawing rights to the payment of fees or levies for free
the applicable currency in a transaction with a participant designated by the Fund or
from any other of the holder on the basis of the agreement, or. will be entitled to
use the special drawing rights, which gets as interest in a transaction
any participant in the designated pursuant to article XIX, section 5, or with
any other holder on the basis of the agreement.
Part 4.
Commitment to a settlement Fund
The currency that the Fund receives from the ending of the participant, the Fund will be used to
payment of special drawing rights, which are held by participants in
proportion to the amount by which the holdings of special drawing rights for each
participant exceeds its net aggregate allocation at a time when the Fund currency
It receives. Thus honored special drawing rights and special rights
pumping, that receives the ending party according to the provisions of the agreement to pay
any payments due under the settlement agreement or in annex
H and balanced, such payment will be cancelled.
Part 5.
Commitment to the exiting participant settlement
At any time, the Fund will be required for reimbursement of special drawing rights, which
are held by the outgoing participant, it shall do so in the currency provided by the
the participants designated by the Fund. These participants will be determined according to the principles
Article XIX, section 5. Each designated participant shall affix its option currency
ending subscriber or freely usable currency Fund and receives
the corresponding amount in special drawing rights. Ending the participant may, however,
use their special drawing rights from any participant received
its own currency, freely usable currency, or any other value,
If the Fund admits.
Part 6.
General resources account transactions
In order to facilitate a settlement with ending a participant may Fund
decide that ending a participant:
I will use any special drawing rights in his possession after settlement
According to section 2 (b)) of this article, if they are to be paid, in
the transaction with the Fund on Account of general resources to
gained its own currency or freely usable currency at the choice of the Fund;
or
II. receive special drawing rights in the transaction with the Fund-led
with an account of the general resources of the Fund for the currency acceptable to
compensate for any fees or payment, arising from the agreement or from the
the provisions of annex h.
Article. XXV
Administration cancellation of special drawing rights
and) management of special drawing rights can be cancelled only on the basis of
the decision of the College Board of Governors. If, in cases of urgency, the Executive Board
It concludes that the cancellation of the Special Drawing Rights Management
necessary, it may temporarily suspend or cancel allocations as well as all
operations and transactions in special drawing rights, up to the decision of the
The College Board of Governors. The decision to cancel the governing Corps Fund will lead to
cancellation as General Administration and management of special drawing rights.
(b)) if the governing Corps decides to cancel the specific rights Management
pumping, cease any allocation or cancellation of any and all operations and
transactions in special drawing rights and the activities of the Fund relating to
Special drawing rights-management with the exception of random
riot or settlement of obligations of participants and the Fund of
special drawing rights; will expire, all obligations of the Fund and
participants under this agreement, relating to special drawing rights-with the
the exception of those laid down in this article, in article XX, in
Article XXI (d)), in Article XXIV, article XXIX (c)) and Annex H, or in the
any agreement under Article XXIV of closed-subject to the provisions
paragraph 4 of Annex H and to the provisions of annex I.
(c)) when you cancel a special drawing rights Management will be of interest and fees,
that have accumulated to the date of liquidation, and benefits that were saved before
This date and have not been paid, paid in special drawing rights.
The Fund will be required to reimburse all the special drawing rights, if they are
for their holders, and each participant will be required to pay to the Fund an amount
the net general allocation of special drawing rights and
such additional amounts if they are due and payable by virtue of its participation
on the management of special drawing rights.
d) disposal of special drawing rights Management is carried out in accordance with the provisions of the
Of Annex I.
Article. XXVI
Performance of the Fund
Part 1.
The right of any member to withdraw
Any Member may withdraw from the Fund at any time, if it delivers a written
notice of termination of the Fund, its main office. Withdrawal shall become effective on the date
receipt of the notice.
Part 2.
Forced performance
and if the Member fails to meet) some of its obligations under this agreement,
the Fund may declare the Member ineligible to use the general resources for
The Fund. No provision in this section cannot be regarded as a restriction
the provisions of article V, section 5, or of article VI, section 1.
b) If after the expiry of a reasonable period remains in non-compliance with the
any of your obligations under this agreement, may be a member of the
prompted by a decision taken by the majority in the governing of the governing Corps
representing eighty-five percent of all votes, to give up membership
in the pool.
(c)), provisions shall be adopted to ensure that prior to the adoption of the measures
against any Member under paragraphs a) or (b)) was a member of the
a reasonable time is informed of the complaints against him and he was given the
a reasonable opportunity to state its opinion on both orally and in writing.
Part 3.
Settlement of accounts with a member of the speakers
If a member of the Fund ends up normal operations and transactions of the Fund in its
currency and settlement of all accounts between him and the Fund will be made with
appropriate operability based on an agreement between him and the Fund. If it is not
rapidly reach agreement, the provisions in the settlement of accounts
Annex J.
Article. XXVII
Measures in case of emergency
Part 1.
Temporary suspension
a) in an emergency or unforeseen circumstances
affecting the operations of the Fund Executive Board may, eighty five percent
the majority of the total votes to suspend for a maximum period of one year, the effectiveness of the
any of the following provisions:
I. Article V, section 2, 3, 7, 8, and (I) and (e));
II. Article VI, section 2;
III. Article XI, section 1;
IV. Annex C, paragraph 5.
(b) the suspension provisions) under the preceding paragraph and) shall not
take more than one year, if the governing Corps 85 percent
a majority of all votes not be renewed for another period of this sistaci, but not
more than two years, if it finds that pursuant to paragraph a) continues
the State of emergency or unforeseen circumstances.
(c)), the Executive Board may at any time by a majority of votes of such suspension
exit.
d) Fund may adopt rules on deciding on one
provisions during the period in which its effectiveness was suspended.
Part 2.
Cancellation Of Fund
and) the Fund may be terminated only on the basis of the decision of the College Board of Governors.
If, in cases of urgency, the Executive Board comes to the conclusion that the cancellation
The Fund appears to be necessary, it may temporarily suspend pending the decision of the Congregation
the Governors of all operations and transactions.
(b)) decides if the Chorus of Governors, the Fund has to be cancelled, no longer Fund
immediately perform any activity — with the exception of random
riot nature to collect and dispose of its assets and the settlement of
their liabilities and all the obligations of members under this agreement in addition to the
those that are listed in this article, in article XXIX (c)), in annex J,
paragraph 7 and in the annex.
(c) liquidation shall be conducted in accordance with) the provisions of Annex K.
Article. XXVIII
Amendments to the statutes
and any proposal for modification) of this agreement whether made by a member, the Governor or
Powerful choir-will be passed to the President of the governing Corps, that proposal
the College shall submit to the Board of Governors. If the proposed amendment is approved by the College
Governors, the Fund will offer circular or telegram to all members, whether
a proposed amendment to be adopted. Where the proposed amendment three-fifths of the members of the
with eighty-five percent of all votes, the Fund shall certify this fact to the
the official message sent to all members.
(b)), without prejudice to provisions of the preceding paragraph a), requires the consent of
all the members in the event of any change that modifies:
I. the right to withdraw from the Fund (Article XXVI, part 1);
II. the provisions according to which a change in the Member's quota cannot be done without
Member's consent [article III, section 2 (d))]; and
III. the provision under which it is not permissible to change the parity of the currency, Member (s)
If the Member has not proposed it myself (annex C, paragraph 6).
c) changes will be effective for all members, three months after the date of
the official notice, if in the circular or the telegram was not intended
a shorter time limit.
Article. XXIX
The interpretation of the provisions of the agreement
any question of interpretation) the provisions of this agreement which arises in the
the relationship between any member and the Fund or between any members of the
The Fund will be submitted for decision to the Executive Corps. If the question
in the particular case refers to a member who is not entitled to appoint
Executive Director, will such a member shall be entitled to appoint a representative in accordance with
Article XII, section 3 (j)).
(b)) when the Executive Board shall take the decisions referred to in the previous paragraph a),
any Member may require, within three months from the date of the decision,
that was the question submitted to the Corps of Governors, whose decision will be
final. Every question submitted to the College of Governors will be assessed
the Committee of Governors of the College, established for the interpretation of the agreement. Each Member of the Committee
will have one vote. Chorus of Governors lays down how to track members, as well as
the procedure and the required majority vote of the Committee. The decision of this
the Committee will be considered as decisions if the choir
Governors of the eighty five percent usually decides the votes otherwise. Up to the
the decision of the College Governors, the Fund may, if it considers it necessary,
to act on the basis of the decision of the Executive Board.
(c)) at any time there is any inconsistency between the Fund and any Member who
stepped, or between the Fund and any member during liquidation of the Fund,
It will be such a contradiction is presented for decision to an arbitral tribunal, composed
of three arbitrators, of whom one will be called the Fund, the second member, or
acting member, and the third arbitrator, as the high-if the parties
otherwise-will be called the President of the International Court of Justice
or another such body that may be designated by the Fund measures. Top
the arbitrator shall be empowered to resolve all the issues in the proceeding, if the procedure
These occur between the parties to the conflict.
Čl.XXX
Explanation of terms used
In the interpretation of the provisions of this agreement, the Fund and its members to control the
the following provisions:
and holdings of the currency of a member) of the Fund to the general resources Account will be
include any securities received by the Fund under article III, section
4.
(b)) the agreement on the means to raise resources for the Fund, which is a decision
Member ensures that may take place in accordance with the terms of such
the decision of the general resources account purchases during the specified period and
to the amounts set out above.
(c)) within the reserve tranche (EBO) means the buyout of special rights
pumping or the currency of another Member for its own currency, without a
result that the holdings of the Member's currency the Fund on Account of the general resources
exceed by the quota, however, the Fund may, for the purposes pursued by the
the definition exclude buyouts and repossession
I. According to the directives on the use of the general resources to compensating
financing of the fluctuations in exports;
II. in accordance with the directives on the use of the general resources of the Fund
contributions for international buffer stocks of raw materials; and
III. under other directives on the use of general resources for which the Fund
Eighty-five percent majority, shall decide all votes that has
result in exclusion.
d) payments for common transactions refer to payments that do not serve to
the transfer of capital and includes without any limitation
1. all payments payable in connection with foreign trade, other
the usual shops, including the services and banking operations as well as the usual
short-term loans;
2. the payments due such as interest on loans and net
income from other investments;
3. payments to small loan amortization and depreciation of direct
investment;
4. a small remuneration to the expenses related to the nutrition of the family.
The Fund may determine, in consultation with the members concerned, whether certain
the specific transaction to be treated as ordinary or capital
the transaction.
(e) the Net aggregate share) special drawing rights means the total
the amount of special drawing rights allocated to the participant after
deduction of his share of the special drawing rights, cancelled by
Article XVIII, section 2).
(f)) usable currency means currency Freely a member, which, according to
the decision of the Fund
I actually widely used in payments for international transactions
and
II. is the subject of extensive trading on the major foreign exchange markets.
g) membership to 31. August 1975 shall be granted to each Member that is gaining
After this date, but on the basis of the decision on admission, which was
approved by the College Governors before that date.
h) transactions of the Fund means the shift of monetary values by the Fund for other
monetary values. Operations of the Fund means the use other or receiving
currency values Fund.
I) in special drawing rights Transactions shall mean shift
special drawing rights for other monetary values. Operations in the Special
drawing rights means the use other special drawing rights.
Article. XXXI
Final provisions
Part 1.
Entry into force of
This agreement shall enter into force as soon as it will be signed on behalf of the States,
to sixty-five percent of all the quotas referred to in Annex A, and
When they are on behalf of the instruments referred to in section 2 and) of this
Article; in any case, this Agreement shall not enter into force before 1.
to May 1945.
Part 2.
Signatures
and Every State) on behalf of the agreement is signed, deposited with the Government
The United States has approved a Charter stating that this
Agreement in accordance with its laws and that it has taken all the necessary measures to
in order to fulfil all its obligations under this agreement.
(b)), each State becomes a member of the Fund from the date when it will be on his behalf
saved the Charter referred to in the previous paragraph), however, the membership
does not arise until the agreement enters into force in accordance with section 1 of this
article.
(c)), the Government of the United States shall notify the Governments of all the States whose
names are listed in Annex A, and the Governments of all States, whose membership
will be approved in accordance with article II, section 2, of all signatures of this agreement and
the deposit of any instrument, subject to paragraph (a)) of this part.
(d) Each State shall send) at the time when this agreement is signed, on behalf of the
the Government of the United States of America to cover the administrative expenses of the Fund one
hundredth of a percent of its total subscription in gold or in dollars
United States of America. The Government of the United States of America will lead
These resources on a special deposit account and converts them to the choir
of Governors of the Fund, once the inaugural meeting will be convened. If this
Agreement will not enter into force until 31 December 2006. in December 1945, returns the Government of the United
States of America States that the funds she is sent.
e) this Agreement shall be open for signature until 31 December 2006. December 1945
Washington, d.c., on behalf of the Governments of the countries whose names are listed in annex a.
f) after 31 December 2006. December 1945, this agreement may be signed on behalf of the Governments of the
any of the States, whose membership has been approved in accordance with article II section
2.
(g)), the signing of this agreement, all States take it for themselves
on behalf of and in relation to all its colonies, overseas territory, to all
the territory under his protection, sovereignty, or under his power as well as to all
the territory in respect of which the mandate is exercised by.
h) paragraph (d)) is effective against any signatory State day
his signature.
(Signatures and instruments clause are listed according to the text of article XX
original articles of agreement):
Given in Washington, in a single copy which shall remain deposited in the
the archives of the Government of the United States, which shall send certified copies to
all States, whose names are listed in Annex A, and all States,
whose membership has been approved in accordance with article II, section 2.
Xiii., And
Quota
(in million of dollars of the United States of America)
Australia............... 200.................. 60
Belgium.................. 225 Canada..................... 300
Bolivia.................. Colombia 10.................... 50
Brazil................ Costa Rica 150.................... 5
Czechoslovakia.......... 125 Cuba........................ 50
Čína .................... Liberia 550...................... 0.5
Denmark................... *) Luxembourg................. 10
Dominican Republic.... 5 Mexico...................... 90
Ecuador................... 5 Nicaragua.................... 2
Egypt .................... 45 the Netherlands................... 275
El El Salvador............... 2.5 Norway...................... 50
Ethiopia................... 6 New Zealand................. 50
Philippines................. 10 Panama....................... 0.5
France................. Paraguay 450..................... 2
Guatemala................. 5 Peru ........................ 25
Haiti ..................... 5 Poland..................... 125
Honduras.................. Greece 2.5....................... 40
Chile .................... 50 United Kingdom........ 1300
Indie ................... 400 United States. ... 2750
Irák ...................... 8 Union of Soviet
Socialist Republics.. 1200
Írán ..................... Uruguay 25..................... 15
Iceland.................... 1 Venezuela................... 15
The South African Union........ 100
-----------------------------------------------------------------
*) The quota of Denmark will be the Fund established as soon as the Danish Government
declares its willingness to sign such an agreement, but before
This is the signature.
Annex B
Transitional measures concerning the redemption of, the additional payments
bonds, gold and some operational matters
1. obligations to buy back that have been incurred in accordance with article V, section 7 (b))
before the date of the second edit of this agreement and that remain outstanding to
This date must be paid no later than on the date or within the time limits, the
which had to be settled by the obligations under the provisions of this agreement before
her second treatment.
2. Any obligation of the Fund, to be paid in gold to buy back
or as a subscription and who stays at the date of the second neuhrazen modifications to this Agreement,
will be applied to special drawing rights, the Fund may, however, provide that
such payments may be carried out wholly or partly in currencies other
members designated by the Fund. Neúčastník settles the liability that must be
This provision paid in special drawing rights, the currencies of the other
members designated by the Fund.
3. For the purposes of the preceding paragraph 2 will be 0.888671 grams of fine gold
equal to one special drawing right and currency amount due under the
the previous paragraph 2 will be determined on this basis and on the basis of
the value of the currency, expressed in special drawing rights to the settlement date.
4. If the currency of a member's tenure at the Fund, seventy-five
percent of the Member's quota at the date of the second edit of this agreement and shall not be subject to
buy back referred to in paragraph 1 above, will be bought back pursuant to these
rules:
I. possession, which resulted from the buy-back, will be bought back pursuant to Directive
on the use of the general resources of the Fund, according to which the redemption took place.
II. other holdings will be bought back at the latest four years after the date
the second edit of this agreement.
5. Repurchases under paragraph 1 above, which are not subject to the provisions of
paragraph 2, repurchases under the preceding paragraph 4 and any
determine the currencies referred to in paragraph 2 above shall be in accordance with article V, section 7
I).
6. all orders and regulations, rates, procedures, and decisions that apply to
the date of the second edit of this agreement will remain in force until their changes
According to the provisions of this agreement.
7. If the measures referred to in the provisions of the following paragraphs a) and (b))
true to the date of the second edit of this agreement, the Fund
and sell the business) of pure gold, which had 31. August 1975 to 25
million ounces of those members who were members to this day and who agree
with its purchase, and in the proportions according to their quotas as of this date. Sale
Member pursuant to this paragraph and) for its currency and for the price
the corresponding at the time of sale of the unit, special drawing right per
0.888671 grams of fine gold, and
(b)) to sell from holding pure gold, which had 31. August 1975 to 25
million ounces for the benefit of members from developing countries who were members of the
This day, however, assuming that a portion of any profits or
the surplus value of gold, which corresponds to the share of the quota of such member to
31.8. 1975 of the total quotas of all members to this day, will be transferred directly to the
each such member. The provisions of article V, section 12 (c)) that the
The Fund will carry out consultations with a member in order to obtain its consent or
that under certain circumstances, changing the currency of a member for the currencies of the other
Members, shall apply in relation to the currency that the Fund has received on the basis of
sales of gold under this measure, therefore, unlike other sales
a member of his own currency and maintained on Account of the General
sources.
On the basis of sales of gold under this section 7 will be the amount of the proceeds in the
currencies received equivalent at the time of the sale when the ratio of units
special drawing rights for 0.888671 grams pure gold is credited to the
General resources account and other values held by the Fund pursuant to
settlement in conformity with the preceding paragraph (b)), will be conducted separately from the
the general resources of the Fund. Assets after the arrangement referred to in
the preceding paragraph (b)) remain available to the Fund, will be converted to
The special payout account.
Annex C
Parity
1. the Fund shall inform the members, for the purposes of this agreement may be referred to in article
IV, part 1, 3, 4 and 5, and pursuant to this annex established parity in relation to the
a special drawing right or in relation to another such a joint
the denominators of the designated fund. The common denominator is not gold or
some of the currency.
2. A member which intends to establish parity of its currency, will propose parity Fund
a reasonable period after the notification referred to in the previous paragraph 1.
3. Any Member which does not intend to determine the parity of its currency under paragraph
1 above, will consult with the Fund and to ensure that its exchange rate
the arrangement was in line with the objectives of the Fund and to be proportionate in terms of
the performance of its obligations under article IV, part 1.
4. Within a reasonable time after receipt of the draft Fund approves proposal for parity or
raises objections against him. The proposed parity shall not take effect from
the objectives of this agreement, if the Fund raises objections against her, and
the Member will be subject to the provisions of the preceding paragraph 3. The Fund does not
objections on grounds of internal social focus or overall policy Member,
that parity is proposing.
5. Any Member which has parity for their currency, undertakes that it will
apply the appropriate measures in accordance with this agreement, to ensure that the
the maximum and minimum rates to raise foreign exchange transactions which
occurs on its territories, between its currency and the currencies of other members
that parity will not be from parity to deviate by more than four and
half a per cent or such other margin or other margin, which may
Fund to establish the osmdesátipětiprocentní majority of votes.
6. you will not propose changing the parity of its currency with the exception of cases, when
as to the correction of the underlying imbalances, or to prevent. Change may be
only on a proposal from the Member and only after consultation with the Fund.
7. Once the draft amendment, the Fund approves the proposed parity or
against it raises objections within a reasonable time after receipt of the proposal. Fund
expressing approval, if it is satisfied that the change is necessary to
correct the underlying imbalance or to prevent. The Fund does not
objections due to the focus of internal social or overall policy Member,
that amendment proposes. The proposed amendment shall not take effect in terms of the objectives of the
This agreement, when the Fund raises objections. If a member changes
the parity of its currency despite the objections of the Fund, such Member will be subject to
the provisions of Article XXVI, part 2. How the Fund must discourage Member from
maintaining unrealistic parity.
8. the Member's currency Parity provided for under this agreement will cease to apply for the
the purpose of this agreement, if a member submits a report that he intends to Fund this
parity stop. The Fund may raise objections against their parity,
If it decides so, eighty five percent majority of all votes cast. Terminates if
a member of the parity of its currency despite the objection of the Fund, the Member will be subject to
the provisions of Article XXVI, part 2. Parity provided for under this agreement
will cease to apply for the purposes of this agreement, if a member ends the parity even
over the objection of the Fund or if the Fund finds that the Member does not maintain the courses
for a substantial part of foreign exchange transactions referred to in paragraph 5 above; such
findings, however, the Fund cannot do so until a member has not acted on it
and if they gave him 60 days advance notice of its intention.
9. If the force Ended the parity of the currency of a Member referred to in the previous
paragraph 8, the proceeding to hold consultations with the Fund and will act,
that its exchange rate arrangement was in line with the objectives of the Fund and match
the performance of its obligations under article IV, part 1.
10. the Member whose currency parity has expired pursuant to paragraph 8 above,
may at any time propose a new parity of its currency.
11. Without prejudice to the provisions of paragraph 6 above, the Fund may most of the seventy
percent of the total votes to make uniform changes of all parities, pro rata
If there is a common denominator of the special drawing right, and if
the changes do not affect the value of special drawing rights. The parity of the currency of a Member
However, it will not be changed under this provision, if a member within seven days
After the Fund made this measure shall notify the Fund that does not wish to
the parity of its currency was changed to such measures.
Xiii. (D)
The Council of the
1.
and each member) shall appoint the Executive Director and the members of each group,
the number of votes is represented by the voices of the elected Executive Director, will be
created by the Council of one member of the Council, which will be in the function of the Governor,
the Minister as a member of the Government, or in a comparable position and function
who can appoint up to seven of his assistants. Chorus of Governors may
Eighty-five percent majority of votes to change the number of such
helpers, which is meant to establish. Member of the Council or the Assistant
to perform this function until the new provisions or to the nearest regular
the choice of the Executive Directors, if it occurs earlier.
(b) Executive Directors)-or in their absence the Deputy-and
the members of the Council will be assistants be entitled to attend meetings of the Council when
The Council decides that the meeting of the members of the Council are limited to. Each Member and
each group of members, which shall designate a member of the Council, shall appoint a Deputy,
who will be entitled to participate in meetings of the Council, unless the Council
present, and will be entitled to as a member of the Council to act.
2.
and) the Council will oversee the management and adjustment of the international monetary system,
including the ongoing process of rovnovážnosti and the development of the overall liquidity,
and in this context will be to study and monitor the progress of transfers of real
resources to developing countries.
(b)), the Council will consider proposals under Article XXVIII and) on amendments to articles
The agreement.
3. about choir under these provisions: article XII, section 2 (c)), f), (g)), and
(j)); Article XVIII, section 4) and section 4 (c)) (IV); Article XXIII, section 1; and
Article XXVII, part 1).
(b)) in the decisions of the Council on matters relating exclusively to the management of
special drawing rights are entitled to vote only the members of the Council
appointed by a member which is a party to, or a group of members, of whom's
at least one participant. Each of these members of the Council will be entitled to
to cast the number of votes allocated to the Member which is a party to that
named, or members who are participants in the group members, which it
her name was, and may cast the votes, and the chorus of Governors may transfer) to the Council
the right to pursue any rights Corps of Governors except those
the rights which are reserved by this agreement directly, the governing Corps.
(b) Each member of the Council will) be entitled to cast the number of votes allocated according
Article XII, section 5 to the Member or group of members, by which he was appointed.
Member of the Council appointed by a group of members may cast separately the votes
allocated to each Member in the group. If the number of votes allocated to
a member cannot be handed over to the Executive Director, the Member may
arrange for a member of the Council that gave the number of votes allocated to this
Member.
(c)), the Council will not perform any activity resulting from the authorisation
transferred to it by the College Governors, which is incompatible with any
the measures taken by the College Governors and the Executive Board will not make
any activity resulting from privileges transferred to it by the College
Governors, which is incompatible with any measure taken by either
A chorus of Governors or the Council.
4. the Council shall designate a member of the Council as Chairman, approved the rules that
as it considers necessary or appropriate for the performance of its functions, and will decide
about any aspect of your procedure. The Council meeting will be held, how it will be
match its conclusions, or how it will be convened by the Executive.
5.
and) the Council will have permissions that correspond to the permissions of the
Výkonnéhpřidělené one participant, with which it was negotiated, the Convention
According to the last sentence of paragraph 3 (b)) above.
(c)), the Council may lay down law procedure, according to which the Executive may be
the College granted the right of Council members to vote on a specific question without meeting
The Council, if in the opinion of the Executive of the Corps shall be adopted by the Council
any measure that does not tolerate a postponement until the next meeting of the Council and that
does not require the convening of a special meeting.
(d)) of article IX, section 8 applies to the members of the Council, their Vice Presidents and
helpers and to any other person entitled to attend the meetings of the
Of the Council.
(e)) for the purposes of the provisions of paragraph (b)) and paragraph 3 (b)) the above agreement
agreed some Member or member who is a participant under article
XII, part 3 i) (II) entitle the Member of the Council for a vote and to cast
the number of votes, which are allocated to such member.
6. the first sentence of article XII, section 2) must be understood so that the
also apply to the Council.
Annex E
The choice of Executive Directors
1. the choice of elected Executive Directors will take place by vote
the Governors, who are to choose.
2. When voting on Executive conspired, who are to be elected,
commits each Governor eligible to vote for one person all of the
the voices to which it is entitled under article XII, section 5). Fifteen people,
that will get the largest number of votes, will become the Executive Directors for the
provided that no person who receives less than four percent
all of the votes which can be cast (eligible votes) will not be
considered to be selected.
3. If it is not the first time the voting chosen fifteen persons, shall proceed to the
the second vote will vote only
and those governors who) when the first vote cast a vote for the person,
that has not been chosen, and
(b)) those Governors whose votes cast for the selected person has
in accordance with the next paragraph 4) considered that it was the increased number of votes
cast for that person above 9% of the eligible votes.
If the second vote is more candidates than the number of powerful
the directors who are to be elected, the person who got the first time
the smallest number of votes, the vote will no longer optional.
4. In assessing whether the votes cast by one Governor,
has to assume that it was raised the total number of votes cast for
any person above nine percent of the vote, will have on these nine
percent of the votes for that, particularly the voices of the Governor, which
gave the largest number of votes for such person, then the votes of the Governor,
that gave the next largest number of votes, and so on, until it reaches the
nine percent.
5. any Governor, part of whose votes must be counted,
in order to increase the total number of votes cast for any person above four
the percentage will be considered, that gave all of his votes for
such person, even if the total votes for such person exceeds
nine percent.
6. If, after the second ballot will not be selected for fifteen people,
held another round of voting, according to the same principles when it comes to the election
fifteen people; After the election of fourteen people, however, may be elected to the fifteenth
by a simple majority of the remaining members, and will be deemed to have been
elected all such votes.
Annex F
Determination of the participants (dezignace)
During the first period will be for determining the participants pay
the following rules:
and) participants who are eligible to be thus provided for in article XIX,
Part 5 a) (I), are thus to such amounts, which will support the
during the period of settlement of the relationships between the possession of special drawing rights
participants above the level of their net cumulative allocations and their
the official reserves of gold and foreign exchange.
(b)) in application of the preceding paragraph and will do so), to
participants who are eligible for dezignaci, were thus
I. in relation to their official reserves of gold and foreign exchange, if the session
referred to in the previous paragraph) balanced; and
II. in such a way to gradually reduce the difference between sessions
referred to in the previous paragraph), that are low, and sessions, which
are high.
Annex G
Recovery of possession (reconstitution)
1. during the first period will be for the recovery of possession pay
the following rules:
and)
I. the participant will enjoy and renew our holdings of special drawing rights
so, that five years after the first allocation, and then at the end of each
calendar quarter does not mean its total daily possession
special rights for the past five-year period of less than thirty percent
the diameter of its daily net total allocation of special drawing rights
for the same period.
II. Two years after the first allocation, and then at the end of each calendar
the Moon makes a Fund for each participant in the calculation to determine whether
and to what extent the participant needs to obtain a special drawing rights between
the date of the calculation, and the end of the five-year period, in order to deal with
requirement provided for under the preceding paragraph a) (I). The Fund provides for the
Regulation, according to which the foundations will perform these calculations and with
taking into account the time order of determination of the participants referred to in article XIX,
Part 5 a) (II), in order to enable them to comply with the requirements referred to in the previous
paragraph a) (I).
III. the Fund will give special notice to the participant, if the calculations referred to in
the preceding paragraph a) (II) suggest that it is unlikely that
the participant will be able to deal with the requirement of paragraph (I)), if
ceases to use special drawing rights on the rest of the period to which the
the calculation referred to in paragraph a) (II) apply.
IV. a participant who needs to obtain a special drawing rights to
the fulfilment of this commitment, you will be liable and shall be entitled to obtain them for the currency
acceptable for transactions with the Fund, the Fund conducted on Account of General
sources. If this cannot be obtained sufficient special
drawing rights to meet this commitment, the participant shall be obliged and
entitled to obtain is as freely usable currency from the attendee that you Fund
Specifies.
b) participants will be properly ensured, it is desirable to keep in
over time a balanced relationship between the possession of special drawing rights
and their other reserves.
2. If a participant is equated to the compliance with the rules about repossession, Recovery Fund
determine whether or not the circumstances justify the suspension referred to in article
XXIII, section 2 (b)).
Annex H
Their participation
1. If the commitment remaining after settlement under Article XXIV, part 2 (b))
sounds in favour of ending the participant and if between the Fund and the ending
the participant will not, within six months from the date of termination of the agreement reached on a
Settlement Fund tackles this balance of special drawing rights in the
equal semi-annual instalments not later than five years from the date of termination.
The Fund shall pay the balance of their decision, either
and) by exiting a party shall pay the amounts provided by the Fund
the remaining participants under Article XXIV, part 5, or
(b)), to permit a participant could use their ending special rights
pumping to obtain their own currencies or some freely usable currencies
from a participant designated by the Fund from the general resources Account or from the
any other holder.
2. If the balance after settlement in accordance with Article XXIV, part 2 (b)) sounds in the
to the Fund and will not achieve the netting agreements within six months
from the date of termination, ending with the participant of this undertaking within three years from
written in the same June semi-annual instalments or during such
longer period as may be prescribed by the Fund. Ending party
tackles this commitment by decision of the Fund, either
and payment of the Fund in freely) usable currency, or
(b)) by the acquisition of special drawing rights, according to sources from the account of the General
Article XXIV, part 6, or by agreement with the participant designated by the Fund or from the
another installment of the holder and the compensation owed to these special rights
pumping.
3. Payments pursuant to the preceding paragraphs 1 or 2 shall be payable for six
months after the date of termination, and then in the six-month periods.
4. If an error occurred during six months from the date on which the participant terminates
to cancel your participation, management of special drawing rights provided for in article XXV,
the settlement between the Fund and the Government until the participant performed
in accordance with article XXV of annex I.
Annex I
The management procedure for the settlement of special drawing rights
1. If there is a cancellation of the management of special drawing rights, equal
participants in their obligations to the Fund in ten half-yearly instalments, or
during such longer period as may be necessary, in accordance with the decision of the Fund and
in some freely usable currency and the currencies of the participants with possession
special drawing rights, to be paid in instalments until
the amount of such compensation as determined by the Fund. The first half-yearly payment
shall be carried out six months after the decision to withdraw the management of special rights
pumping.
2. If the decision was made to cancel the Fund within six months from the date of
the decision to cancel the management of special drawing rights, go to
disposal of special drawing rights Management, if not special rights
drawing on the general resources Account divided by this rule:
After the split, carried out by 2 a) and 2 (b)) of the annex to the Fund allocates its
special drawing rights, which has left the General sources,
all members that are participants in proportion to the amounts due to each
After the split of the participant under that section 2 (b)). To determine the amount of
attributable to each Member for distribution to the rest of their tenure in each currency
According to section 2 (d)) of the annex to, an abatement fund to the Division of special rights
pumping is effective under this rule.
3. With the amounts received by the Fund in accordance with paragraph 1 of this annex shall pay
Fund special drawing rights holders in this way and in this
order:
a) special drawing rights held by members who have finished their participation more
than six months before the date on which the governing Corps decided to cancel the Management
special drawing rights, will be reimbursed according to the terms of the agreement,
concluded pursuant to Article XXIV of or Annex H.
(b)) special drawing rights holders who are not participants will be
honored before the special drawing rights held by the participants, and it
in proportion to the amount of the tenure holder.
(c) determines) the Fund's special drawing rights that he holds each
a participant, in proportion to its net aggregate allocation. The Fund primarily
settles the special drawing rights of participants with the highest proportion of up to
to the level of the second largest share; The Fund then settles the special rights
drawing held by the parties according to their net summary
allocations until the shares are reduced to the level of the third largest share;
This procedure will continue to be the amount that is necessary to offset the
disposal of the exhausted.
4. any amount for which the participant is entitled to receive in the settlement
under the preceding paragraph 3, will be used to offset any amounts
that has to be paid in accordance with paragraph 1.
5. during the liquidation of the Fund will pay interest on the amounts of the specific rights
drawing on their holders, and each participant will pay
fees out of the general allocation of special drawing rights,
reduced by the amount of any payment, held pursuant to paragraph 1. The rate of the
interest and fees, as well as the period of payment shall be determined by the Fund. Interest and
charges will apply according to the options in special drawing rights.
The party who does not have sufficient holdings of special drawing rights, the
pay the currency specified by the Fund. Special drawing rights, adopted by the
fees in the amount needed to cover administrative expenses, shall not apply to
payment of interest, but converted to the Fund and will be paid first, and it
the currencies used by the Fund to cover its expenses.
6. If a participant is in default with any payment
required under paragraph 1 or 5 of the above, he will not be paid to any
the amounts referred to in the preceding paragraphs 3 or 5.
7. If, after the final payments of the participants does not have any participant
is not in default in its holdings of special drawing rights in the same proportion
to your net aggregate allocation, then those participants who have a lower
share, may buy from participants with a higher proportion of such amounts as
the measures made by the Fund to share their special rights-holding
pumping was the same. Any party who is in default, shall pay to the Fund
its own currency for the amount corresponding to its commitment. The Fund will analyze this
currency and any remaining claims between the parties in proportion to the amount
special drawing rights held by each of them, and this special rights
drawing will be canceled. The Fund then closes the books Management Special
drawing rights and all liabilities resulting from the allocation of the Special Fund
drawing rights and the activities of the management of special drawing rights.
8. Each participant whose currency is assigned to the other participants under this
of the annex, shall be liable for such currencies at any time, unlimited use on the purchase of goods
or to the payment of the sums which are due to him or to his
territories. Each obligated party agrees that replaces another
participants any loss resulting from the difference between the value at which
The Fund awarded its currency pursuant to this annex, and the value realized
such a participant when you dispose of its currency.
Annex J
Settlement of accounts with members
1. in the settlement of accounts in relation to the general resources Account, proceed
in accordance with paragraphs 1 to 6 of this annex. The Fund will be required to pay
acting member an amount equal to its quota increased by
any amounts owed to it by the Fund, less any amounts and,
that itself owes the Fund including the charges arising after the date of its
appearances, however, no payment shall be held within six months
from the date of the performance. The payment will take place in the currency of the withdrawing member and
to this end, the Fund may transfer to the account of the general resources of the holding
the Member's pay account on a specific currency or on cluster storage account for
the corresponding amount of the currencies of other members on the general resources Account
selected by the Fund, with their consent.
2. If the Fund does not have enough currency to pay off departing Member
the net amount that the Member of the dluhuje, will pay the balance in freely
applicable currency or in such a way as will be agreed. In the absence of
between the Fund and a member of the performer to the agreement within six months from the date of
performances, will be the acting member of the amount of the currency held by the Fund
shall be paid without delay. Any balance due will be paid in ten
half-yearly installments over the next five years. Each such
instalment will be paid according to the choice of the Fund either in the currency of a departing Member,
After his remarks, obtained or in a freely usable currency.
3. If the Fund fails to comply with any payment owed by the previous
paragraphs, the protruding member entitled to request that the Fund has paid the
payment in any currency from his tenure with the exception of any currency
imbalance was declared in accordance with article VII, section 3.
4. If the Fund has a greater amount of currency held by the withdrawing member than
He's owed, and achieve within six months from the date of withdrawal
the agreement on the method of settlement of accounts, the former member shall be obliged to reimburse the
such currency exceeded in freely usable currency. The payment is performed when the
the course, in which the Fund would sell such currency at the time of withdrawal from the Fund.
Acting member completes repayment within five years from the date of withdrawal
or during such longer period as may be determined, with Pool
However, he will not be required to repay in any half-year
a period of more than one-tenth of the excess possession of its currency, which had a Pool
on the day of his appearance, plus additional gained currency of this member
During that half-yearly period. If a member fails to fulfil this obligation, the
The Fund disposed of in a proper manner in any market the amount of currency that
should be repaid.
5. any Member who wishes to obtain the currency of a member who spoke,
It will come into buying from the Fund in the extent to which such Member has access to the
the general resources of the Fund and the extent to which such currency is available under
the preceding paragraph 4.
6. The withdrawing member shall be liable for unlimited use of the currency to be transferred according to the
the preceding paragraphs 4 and 5, and at any time to purchase goods or to pay for
the amounts that are owed to him or the persons on its territory. Replaces the
Fund any loss resulting from the difference between the value of its currency
to the special drawing right on the date of performance and between the value of the Fund
realized against the special drawing right at the disposal by the
the preceding paragraphs 4 and 5.
7. If the acting member of the Fund due to the commitment as a result of
transactions conducted through a specific payroll account
Article V, section 12 f) (II), will be settled under the terms of the debt
the commitment.
8. If the Fund held by the currency of the withdrawing member at a special pay
account or on a Storage account, the Fund can be exchanged in a proper way on
any market during the currency of the members of the withdrawing member at currency balances
any account with the use of the provisions of paragraph 1 and of the amount of the proceeds of a shift
each account will be kept on it. The provisions of paragraph 5 and the first
sentence of paragraph 6 shall apply to the currency of the withdrawing member.
9. If the Fund has a special account in accordance with article V, section 12)
or on the Storage account bonds of a departing Member, may
hold until the due date or to dispose of them before. Previous
paragraph 8 shall apply to the proceeds of such realization.
10. If the Fund began winding up in accordance with article XXVII, part 2
six months from the date on which the Member performs, the accounts between the Fund and the
the States concerned have been dealt with in accordance with article XXVII, part 2 and the annex to it.
Xiii.
Winding-up proceedings
1. In the case of liquidation will take precedence in the distribution of assets of the Fund
other liabilities before paying off the bonds. In each
of such liabilities it Fund its assets in this order:
and) currency in which an undertaking is payable;
(b));
(c) all other currencies), if it is feasible in relation to the application of tariff quotas
members.
2. after the payment of the liabilities of the Fund pursuant to the preceding paragraph 1 shall be the balance of the
assets of the Fund allocated and divided as follows:
and)
I calculate the value of a gold Fund, which he holds as of 31. August 1975 and
that also holds, at the date of the decision on liquidation. The calculation shall be effected in
accordance with paragraph 9 below and also on the basis of one of the special rights
drawing for 0.888671 of a gram pure gold at the date of disposal. The equivalent
Gold equal to the difference between the first, previously referred to by value, and
Second, the next value will be allocated to those referred to the members that were
members as of 31. August 1975, and in proportion to their quotas to this day.
II. the Fund will allocate all assets, which has a Special cash account
at the date of the decision to cancel, those members who were members as of 31. August
1975, in proportion to their quotas to this day. Each type of asset
will be assigned a relatively hlenům.
(b) allocate their remaining) the Fund assets in gold between the members whose currencies
held by the Fund are reaching lower amounts than their quotas in proportion to the
amounts-but not above them-which their quota in excess of the holdings of the Fund
in their currencies.
(c) the Fund shall be allocated to each member) half of the holding of the Fund in its currency;
However, such allocation may not exceed fifty percent of its quota.
d) Fund allocating their possession of gold and currency
I. between all members in proportion to the amounts-but not above them-due
each Member after the allocations referred to in paragraph (b)), and (c)), provided that the
to the allocation referred to in paragraph 2 and) will not take into account for the determination of debt
the amounts and
II. any excess possession of gold and currency between all members in proportion to the
their quotas.
3. each Member should redeem their currencies allocated occupancy to other members according to the
the previous paragraph 2 (d)) and agree with the Fund within three months after the
the decision on the liquidation of such procedure on an appropriate buyout.
4. Unless the Fund during the three-month period referred to in
the previous paragraph 3, the Fund allocated for the currencies of other members,
This member according to the provisions of paragraph 2 (d)) above to purchase the currency of such
Member, allocated to the other members.
All currency amounts allocated to the Member, who agreed, will be used
According to the option to purchase the currency assigned to the members who agreed with
The Fund agreement under previous paragraph 3.
5. If the agreed with the Fund referred to in paragraph 3, the Fund currency
other members assigned to that Member in accordance with paragraph 2 (d)) to purchase
the currency of this member is allocated to other members who have entered into with the Fund
the agreement referred to in paragraph 3 above. Any amount will be compensated in this way will be paid
in the currency of a member, having been allocated.
6. After completion of the procedure referred to in the preceding paragraphs shall be paid by the Fund to each
the remaining Member of the currency, which has held the account.
7. any member whose currency was allocated to other members under the previous
paragraph 6, will redeem such a currency in the currency of the Member requesting the buyout, or
in such a different way, on which they can agree.
Unless the members otherwise, completes the purchase of a member that is
Thanks to this, within five years from the date of the allocation, however, will not be on it
request to redeem in any biannual period more than one
a tenth of the amount allocated to any other Member. If the Member fails to comply with this
commitment may be currency amount that was to be bought out, disposed of
in a proper manner in any market.
8. any member whose currency has been allocated to the other members referred to in paragraph 6,
liable for unlimited use of such currency at any time, to purchase goods or
pay the sums due to him or the persons on its territory. Each Member with
such a commitment to agree to replace any other members
the loss of that which would result from the difference between the value of its currency against the
the special drawing right on the date of the decision to cancel the Fund and between
value to the special drawing right, realized by such members in
dispose of its currency.
9. the Fund shall determine the value of gold under this annex on the basis of the prices in the market.
10. in the case of the quotas will have, for the purposes of this annex and that have been raised in the
full extent to which they could be increased pursuant to article III, section 2 (b))
of this agreement.
The AGREEMENT
International Bank for reconstruction and development
The Government, on whose behalf the agreement is signed, the parties agree as follows:
INTRODUCTORY ARTICLE
International Bank for reconstruction and development is based, and will act according to the
the following provisions:
Article. (I).
The purpose of the
The purpose of the Bank is:
I. facilitate the reconstruction and development of territories of members by facilitating
the investment of capital for productive purposes, which include
rebuilding an economy destroyed by the war-war, or
conversion of means of production for the needs of peace and encouraging
the development of the means of production and resources in less developed countries.
II. promote private foreign investment activity guarantees or
on loans and other investments of private investors; If
then private capital is not available on reasonable terms,
complement private investment activity provision of financial
resources for productive purposes under reasonable conditions on its own
the capital of the funds which gets, and from its other resources.
III. promote a comprehensive balanced growth of international trade and
maintaining a balance of balances of payments by encouraging international
investment activities for the development of the means of production, and thus members
to help improve productivity, standard of living and improving the
working conditions in the Member territories.
IV. Arrange the provision of loans or guaranteeing international loans
obtained elsewhere so that the first came on a variety of projects more useful and
more urgent, whether large or small.
To carry out its operations in the ... with due regard to the impact of international
investment on economic conditions in the territory of members, and to assist in the first
the post-war years create a smooth transition from the war economy
in the peace.
The Bank will be conducted in all their decision-making just listed purposes.
Article II.
Membership and capital Bank
Part 1.
Membership
and) original members of banks will be members of the International Monetary Fund,
who shall take the membership in the Bank before the date laid down in article XI,
Part 2 (e)).
b) membership will be accessible to other members of the Fund at the time and under the conditions as
will be determined by the Bank.
Part 2.
Approved capital
and authorized capital of the Bank) will be $ 10 0000 0000 0000, expressed
in dollars of the United States, weight and fineness, which had 1.
July 1944. The capital will be divided into 100 000 shares 1) about
the value of par after $ 100 000, which will be able to subscribe to members only.
(b)) share capital may be increased, if it considers it appropriate, the Bank
three-fourths majority of all eligible votes.
Part 3.
Subscription of shares
and each Member shall subscribe to shares) of the capital of the Bank. The smallest number of
shares to be subscribed for by the original members, is given in annex a.
The minimum number of shares to be subscribed for by other members will be determined by
The Bank, which reserves a sufficient portion of the share capital for subscriptions
such members.
(b)) the Bank shall lay down the conditions under which members may subscribe to more shares
the authorized capital of the Bank, than their minimum.
(c)) if the authorized capital of the Bank increased, each Member of the
reasonable opportunity to subscribe to under the terms of which the Bank shall determine such share
increased the capital that corresponds to the proportion of its original
Subscribe to the original total capital of the Bank, but no member of the
you will not be required to subscribe to any part of the increased capital.
Part 4.
The subscription price of the shares
Shares included in the minimum obligations of the original members will be issued to al
pari. The rest of the shares will be issued to al pari, if the Bank most of all
legitimate votes decides, in the light of the special circumstances were
released under other conditions.
Part 5.
The distribution and payment of subscribed capital
Each Member's subscription will be divided into two parts, namely:
I. twenty percent will be paid or subject to call for repayment
the conditions referred to in section 7 (I) of this article, as it will be the Bank
need for its operations;
II. the remaining 80 percent will be subjected to a prompt banks to repay
only if it will be required to meet the obligations of the Bank, resulting
under article IV, section 1), and (II) and (III). Call for repayment has not yet
outstanding subscriptions will be the same for all shares.
Part 6.
Limitation of liability
Liability for the shares will be limited to the unpaid portion of the subscription prices of the shares.
Part 7.
Repayment rate subscriptions for shares
Repayment of the subscribed shares will be held in gold or in dollars of the United
States of America and in the currencies of members as follows:
I. in the repayment referred to in section 5 (I) of this article shall be two per cent of the price
each stock due in gold or in dollars of the United States of America
and the remaining 18 percent to challenge in the currency of the Member;
II. When will the invitation referred to in section 5 (II) of this article may be
the payment is performed, at the option of the Member either in gold in dollars of the United
States of America or in the currency required to meet the obligations of the Bank for
purpose for which it was made;
III. when the payment in any currency takes place according to the above
paragraphs (I) and (II) such payments will be carried out in the amounts,
equal to the value of the Member's commitment, which prompted concerns. This
the commitment will be proportional to the part of the subscribed capital of the Bank, as was
approved and defined in part 2 of this article.
Part 8.
Repayment period subscriptions
and) two percent payable on each share in gold or in dollars
United States of America in accordance with section 7 (I) of this article shall be
paid within 60 days from the date when the Bank begins operations, with
provided that (I) each original member of the Bank, whose parent territory
suffered by the enemy by capturing or war actions of this war,
will be granted the right to defer payment of half a percent within five years after this
date; (II) original member who cannot perform such payment because
its regained possession of gold reserves, which are still seized
or the height of the war, may defer all payments up to
on this day, the Bank shall determine.
(b)) the rest of the price of each stock, payable in accordance with section 7 (I) of this article,
shall be paid as and when determined by the Bank in its challenge, with the proviso
that
I. the Bank within one year from the commencement of their activity will prompt you to pay no
less than eight percent of the share price in addition to payment of two percent, as referred to in
the top paragraph a);
II. during any three-month period will not be requested more than five
percent of the share price.
Part 9.
Maintaining the values of certain monetary držeb Bank
and will decrease) at any time (I) the Member's currency parity, or (II) at any time by
opinion of the Bank the value of the Member's foreign currency decreases in its territory
significantly, the Member shall pay to the Bank in a reasonable time, an additional sum
their own currency, sufficient to maintain the initial values of the subscription of Member
the Bank holds and which comes from a member of the Bank's currency initially
paid under article II, section 7 (I) of the currencies referred to in article IV,
section 2 (b)) or from any currency, which was committed to additional
the provisions of this paragraph, and who has been a member of the bought for gold
or any member of such a currency that is acceptable for the Bank.
(b)) at any time the Member's currency parity rises, this member returns the Bank in
a reasonable time such amount of the Member's currency, which corresponds to the increase in
the currency's value, as shown in the top paragraph).
(c)), the Bank may waive the provisions of the preceding paragraphs, if
The International Monetary Fund made uniform uniform change in
rates of the currencies of all the members.
Part 10.
Restrictions on disposition of shares
The shares shall be made available in the pledge or in any way and can be
převésti only to the Bank.
----------------------------------------------------------------- *) Od
27.4. 1988 the authorised capital was increased to 1 420 500 shares.
Article. III.
General provisions on loans and guarantees
Part 1.
The use of resources
and Resources and services of the Bank) will be used solely for the benefit of members
and fair taking into account how to projects serving the development, so as to
recovery projects.
(b)) in order to facilitate rebuilding and reconstruction of the economy of members whose
the parent of the territory has suffered great devastation of the enemy by capturing or
war actions, the Bank when determining the terms and conditions of loans,
provided by such members will be especially taken into account in order to
alleviate the financial burden and speed up the completion of such rebuilding
and recovery.
Part 2.
Negotiations between the members and the Bank
Each Member shall act only with the Bank through its
the Ministry of finance, the Central Bank, a stabilization fund or other
similar fiscal institutions and the Bank will negotiate with members only
through these institutions.
Part 3.
Limitation of warranties and loans Bank
The total amount of outstanding guarantees, participation in loans and direct loans
granted by the Bank must never be increased if such
by increasing the total amount exceeded one hundred percent nezmenšeného subscribed
capital, reserves and surpluses of the Bank.
Part 4.
The conditions under which the Bank can provide guarantees or lease
The Bank may provide loan guarantees, loans or take part in the
provide to any member or any of its political components, and
any commercial, industrial or agricultural undertaking on its
territories, under the following conditions:
1. If a member, in whose territory the project is carried out, is not alone
vypůjčovatelem, a member of the Central Bank or other similar institution, which
complies with the Bank, fully guarantee the repayment of capital and interest payments and other
the cost of the loan.
2. the Bank is convinced that under the conditions of the market, the borrower
otherwise, didn't get the lease on such terms as are in the opinion of
Bank for borrowers.
3. The Committee responsible shall, as provided in article V, section 7, be submitted after
careful study of the benefits of the proposal a written report recommending
project.
4. The interest rate and other costs are, in the opinion of the Bank a reasonable and
This rate, the cost and the redemption of the capital plan is useful to the project.
5. in providing or guaranteeing the loaner Bank dedicated to the proper
account of the fact that there is a prospect that the borrower, and if it is not
borrower, that the guarantor will be able to meet their obligations of the lease; and
The Bank will act prudently in the interests of both an individual Member, in whose
the territory of the project is carried out, as well as all the members as a whole.
6. in granting the lease granted to the other investors will get Bank
appropriate compensation for their risk.
7. The lease, granted or guaranteed by the Bank, with the exception of
special circumstances-designed for accurately marked and recovery projects
development.
Part 5.
The use of leases, for which the bank guarantee, in which took part,
or provided by
and the Bank will not impose any) conditions, yields of the lease to be
used in the territory of a particular Member or members.
(b)) the Bank shall take measures to ensure that the proceeds of any
the lease will be used only for the purpose for which the lease was
granted, with due regard to economy and efficiency, and without
regardless of the political or other noneconomic influences or considerations.
(c)) in the case of leases, granted by the Bank, the Bank opens an account on name
the borrower and the sum of the lease will be credited in favor of this account in
currency or currencies in which the lease was granted. The Bank will allow
the borrower to collect such amounts from this account, which are intended to
costs associated with the project, as he actually will.
Part 6.
International lease Finance Corporation ^ *)
and the Bank can provide a loaner), to participate in the borrowing or
expose the guarantee on leases associated with the International Finance Corporation,
Organization of the Bank that can use them in their borrowing operations.
The total volume of these leases, participation or warranty shall not be increased if
the total amount of debt of the Corporation (including guarantees of any kind) of
any resources would in consequence exceed four times its
nezmenšeného subscribed capital and surplus.
(b)) the provisions of article III, section 4 and 5 c), and article IV, section 3,
not relevant leases, participation and guarantees, which are covered by this article.
Article IV.
The activities of the
Part 1.
A procedure for the provision or facilitation of loaners
and the Bank may provide or) facilitate the leases that meet the
terms and conditions of article III, one of the following ways:
I. provides direct lease or participate in them, drawing from their
own resources corresponding to its nezmenšenému vplacenému
capital, surplus, and under the conditions referred to in section 6 of this article, and
its reserves.
II. Provides direct lease or participate in the drawing of the
the funds, which gets on the market of a member or otherwise borrows.
III. Complete or partial loan guarantees, provided the usual paths
from private investors.
(b)) the Bank can borrow the funds referred to in paragraph (a)), (II) or
to guarantee the lease referred to in paragraph a) (III) only with the consent of the Member,
on whose markets the resources obtained, and Member, in whose currency the loaner
is marked, and only if these members agree that the
yields can be exchanged for any other currency
Member.
Part 2.
The applicability and transferability of currency
and vplacené to the Bank) currency referred to in article II, section 7 (I), the
Basically, only with the approval of the Member whose currency it; However,
with the proviso that if necessary and if the Bank fully subscribed capital
requested such currency-without reducing the party members whose
currency offer-used or exchanged for currency required to
fulfilment of contractual interest salaries, other costs amortization of own
leases or to the fulfilment of the obligations of the Bank, relating to such Contracting
salaries for leases, guaranteed by the Bank.
(b) the currency that the Bank) accepts from borrowers or guarantors as
payment on account of capital leases, provided direct currencies
referred to in paragraph (a)), will be exchanged for currencies of other members or
again often borrowed only with the approval of members whose currencies the
the disposition; However, with the proviso that if necessary and, if
Capital Bank subscribed fully consulted such currency-without limitation of
party members whose currencies are offered-used or exchanged for
the currency required for the fulfilment of contractual interest salaries, other costs, for
amortization of lease to own, or performance of the obligations of the Bank, on
such contractual salaries for leases, guaranteed by the Bank.
(c) the currency that the Bank) accepts from borrowers or guarantors as
payment on account of capital leases, provided by direct bank by
Part 1 a) (II) of this article will be kept and used without any
restrictions by the members so that they could be conducted the sinking salaries
or salaries before maturity or redemption parts, ev. all custom
bonds of the Bank.
(d)), that all other currencies the Bank is available even to those
acquired on the market, vydlužila otherwise in part 1) and (II) of this article,
which were acquired by selling the gold, even those that were received as salaries, interest
or other direct costs of leases granted under part 1, and (I))
and (II), even those that have been accepted as payment of fees and other costs
According to part 1, and) (III), will be used or exchanged for other currencies or
the gold needed for the operations of the Bank, without restriction on the part of members,
whose currencies are offered.
e) currencies that borrowers will get in the markets of members on the lease,
guaranteed by the Bank in accordance with part 1 and) (III) of this article, you will also
applied or will be exchanged for other currencies without restriction of the parties such
members.
Part 3.
Procurement of currencies for direct leases
The following provisions will be used for direct leases under part 1
a) (I) and (II) of this article:
and will give the borrower and the Bank) currency members other than the Member in whose
the territory of the project is conducted, how a borrower needs to
the issue on the territory of the other members to achieve the purpose of the lease.
(b)) the Bank may, in exceptional circumstances, when the borrower cannot
reasonable conditions to obtain local currency needed for the purpose of a lease,
give the borrower a reasonable amount as part of the lease in this
currency.
(c)) if the project indirectly causes an increase in the needs of foreign currencies
a member, in whose territory the operation takes place, the Bank may (in exceptional
circumstances) provide the borrower as part of a reasonable lease
amount in gold or foreign currency in foreign, but not the amount greater than
makes the local edition of the borrower in relation to the purpose of the lease.
(d)) the Bank may, in exceptional circumstances, at the request of a member, in whose territory the
part of the lease, to buy back gold are consumed or the foreign exchange part
the currency used in this way, but, in any case, the part as follows
price exceed the amount by which the use of the lease in the next
the territory will increase the need for foreign currencies.
Part 4.
The provisions for the direct payment of the lease
The contract of borrowing under part 1) (I) or (II) of this article shall be
negotiated by these payment provisions:
and) terms and conditions for the payment of interest and umořovacích salaries,
adulthood and maturity of each lease will be determined by the Bank. Bank
also specifies the interest rate and any other prerequisites and conditions
fees charged in connection with a loaner.
In the case of security lending transactions provided under part 1, and) (II) of this article
during the first ten years of activity of the Bank, the rate of pay is less than the
1 percent a year and not more than one and a half percent a year, and reward
will be charged for the outstanding part of this lease. At the end of this
the 10-year period may be the rate of pay is reduced by the Bank, whether for
the outstanding part of the leases already provided, whether for future leases,
If the reserves accumulated by the Bank pursuant to section 6 of this article,
as well as from other proceeds will be considered by the Bank as sufficient to
the idea of such a reduction. In future the Bank will have loaners
also on the will to increase the rate of pay above the limit specified above, if
experience shows that an increase is appropriate.
(b) Any contract for the borrowing) to establish the currency or currencies in
where, under the contract to be performed to the bank payment. The choice of the
the borrower may, however, be making such payments in gold or after
agreement with the Bank in a different EU currency that which is provided for in the
the contract.
(I) in the case of security lending transactions, provided under part 1, and) (I) of this article,
the Treaty establishes that the borrowing and interest payments, other costs, and
redemption will be held in lent currency to the Bank, but would a member whose currency
the loan, agreed that such payments were held in some other
the specified currency or currencies. These payments subject to the provisions of article II,
Part 9 (c)), will be equal to the value of such payments at a time when
the lease was granted, expressed in the currency designated for the purpose
The Bank, by a three-quarters majority of all eligible votes.
(II) in the case of security lending transactions, provided under part 1, and) (II) of this article,
the total outstanding amount, payable to the Bank in any currency, shall not exceed the
never the total amount outstanding and payable in the same currency borrowings
Bank pursuant to section 1 (II)).
(c) if the Member suffers from acute) lack of foreign exchange, so the service any
the lease concluded by that Member or guaranteed by it or any of its
institutions cannot be complied with prescribed manner, may the competent Member
ask the Bank to mitigate the payment terms. If the Bank considers that the
some sort of easing is in the interest of that Member, and the activities of the Bank and all of the members of the
as a whole, it may take measures relating to the whole or part of the annual
services either by one or both of the following paragraphs:
(I) the Bank may at its discretion, agreed with the competent Member
accepts payment transactions on a lease are members of the currency for the period in which
shall not exceed three years, and under the conditions suitable for the use of such
currency, maintain its foreign exchange values and for the redemption of such currency for
reasonable conditions.
(II) the Bank may modify the terms of redemption or to extend the duration
loans, or both.
Part 5.
Warranty
and While assuring the lease) placed the usual investment paths
The Bank will charge the guarantee remuneration payable on a periodic basis of the outstanding
the amount of the lease at the rate established by the Bank. During the first ten years
activities of the bank rate will not be lower than one percent per year and not
more than one and a half percent a year. At the end of this 10-year
the period may be the rate of pay is reduced by the Bank, whether for the outstanding
part of the leases already guaranteed, whether for future leases, if
reserves accumulated by the Bank pursuant to section 6 of this article and from other
the proceeds will be considered by the Bank as sufficient to justify such a
reduction. In future the Bank will also have a lease at will increase
rate of pay above the limit specified above, if experience shows that the
the increase is appropriate.
(b) the borrower rewards) warranty to pay directly to the Bank.
(c)) in terms of the provisions of the Bank guarantees that the Bank may
to reduce its commitment in respect of the interest, if as a result of the delay
the borrower and the guarantor Bank offers to buy bonds
or other guaranteed bonds al pari, together with interest at the date of the tall
the menu indicated.
(d) the Bank is hereby authorized,) in order to identify any other terms and conditions
the warranty.
Part 6.
The special reserve
The rewards that the Bank gets under part 4 and 5 of this article shall be
stored away as a special reserve, which will be used exclusively for the
performance of the obligations of the Bank within the meaning of section 7 of this article. The special reserve
to be kept in liquid form, as permitted under this agreement, as
decide to Executive Directors.
Part 7.
Methods of implementing the obligations of the Bank in case of delay
In cases where the obligations of the lease, which the Bank on which it is
participated or which guarantee, are not being met:
the Bank will make such a) feasible measures to accommodate the obligations of the
of leases, and may apply the measures referred to in section 4 (c))
This article, or similar measures.
(b) Salaries to cover liabilities) Bank of leases or warranties pursuant to part 1 and)
(II) and (III) of this article shall be charged to:
I. first borne by the special provisions referred to in section 6 of this article,
II. to the extent necessary, and the discretion of the Bank to the detriment of other
reserves and surplus capital that the Bank has available.
(c)) at any time you will need to perform the contractual salaries by way of interest, other
costs or amortization of own borrowings the Bank or to fulfil obligations
Bank due to similar lease guaranteed her salary, can the Bank
to request a reasonable amount of the outstanding bonds of the members in accordance with article
II, part 5 and 7. In addition, if the Bank considers that the delay may take
longer, it can request an additional amount of the outstanding obligations of the members, which
will not exceed one percent in any year the full obligations of the members,
and for the following purposes:
I. to wholly or partially repaid the outstanding before it matures and
It guaranteed the loan, which the debtor is in default, or otherwise
fulfilled its commitment;
II. in order to fully or partially purchased their commitments of their own
outstanding borrowings or otherwise fulfilled.
Part 8.
Various other activities
In addition to the activities shown elsewhere in this agreement, the Bank will be entitled to:
I buy and sell securities issued by, and buy and sell
securities that guarantee, or in which it has invested, subject to,
the Bank receives the approval of the Member in whose territory the securities to be
bought or sold;
II. guarantee securities in which it has invested, in order to facilitate
their sale;
III. borrowing currency of any member with the consent of that Member;
IV. to buy and sell other such securities, which the directors of the
three-fourths majority of all eligible votes they see fit for
the investment of the whole or part of the special reserve referred to in section 6 of this
article.
When exercising permissions granted by this part of her, the Bank can deal with
any person, company or community, corporations
or other legal entity on the territory of any member.
Part 9.
Warning to be placed on securities
If this is not the quote already expressly provided for, each security
guaranteed or issued by the Bank, shall bear on the front of the clear
a statement that is not a bond of any State.
Part 10.
The ban on political activities
The Bank and its officers shall not interfere in the political affairs
any member. In their decisions they shall not give to ourselves to act
the political nature of the Member or members concerned. Only
economic considerations will determine their choices and these considerations
will be weighed impartially in order to achieve the purposes set out in article
(I).
Article. In the.
Organization and administration
Part 1.
The Composition Of The Bank
The Bank will have a chorus of Governors, the Executive Director, the President and and such
other officials and employees, in order to carry out the duties provided for
By the Bank.
Part 2.
Chorus of Governors
and the Bank will bear all permissions) chorus of Governors, consisting of
Governors and their deputies, of whom one shall be appointed by each Member, and
This way, what you state. Each Governor, and each Deputy will be
officiate five years if it is not withdrawn, the Member who appointed him, and can be
again appointed. The representative may vote only in the absence of their
the Governor. Chorus chooses one of the Governors for the President.
(b)) chorus of Governors may delegate to the Executive Director of the authority, to
engaged in any ward, in addition to these permissions:
I admit new members and determine the conditions of their admission;
II. increase or decrease the share capital;
III. to suspend a Member;
IV. to decide on appeals against the interpretations of this agreement made by
the Executive Directors;
V. to negotiate cooperation agreements with other international organisations
(in addition to the informal arrangement of temporary and clerical);
Vi. decisions concerning the permanent cessation of operations of the Bank and on the distribution of their
assets;
VII. determine the breakdown of net income.
c) chorus of Governors will hold an annual meeting and such other meetings, what
provides for the choir, or what will be called the Executive Directors. Meetings of the Congregation
they will be convened to the Director whenever so requested by five members or members
who have one-quarter of all eligible votes.
(d)) to the rightful governing any resolution of a meeting of the Congregation is
the governing majority with at least two-thirds of all eligible
votes.
e) chorus of Governors may make rules of procedure, according to which the Executive
Directors, if it considers that it is in good order to the Bank, put to the vote
on the specific question to the Governors, without basis, meeting of the Congregation.
(f)) chorus of Governors and Executive Directors can-if they are to be empowered to:
-adopt such rules and regulations, which are necessary or appropriate to
the proper operation of the transactions.
(g)) the Governors and their aides will exercise its authority without compensation from the
the Bank, but the Bank they will pay reasonable costs incurred
their participation in the meetings.
(h) determine the remuneration of the governing Corps), which will be paid to the Executive Directors, and
Standartenführer Dr. Hans nockemann, as well as the contractual terms and conditions for service of the President.
Part 3.
Vote
and the voting power of each member) will be equal to the sum of the basic and
stock votes.
(i) the basic votes of each Member will be based on the number of votes
equitable distribution of 5.55% of the total number of votes of all members between the
all members, so that the number of basic votes has always been a whole number.
(ii) Equity votes for each Member will be based on the number of votes
the allocation of one vote for each share of the capital they hold.
(b)) on all matters of the Bank shall be determined by the majority of the cast
the votes cast, unless explicitly specified otherwise.
Part 4.
Executive Directors
and Executive Directors will be) responsible for the implementation of the General activities
And to this end the Bank will exercise all privileges are conferred on them
by the College Board of Governors.
(b)), the Executive Directors will be twelve and may not be the Governors. From them:
I will be five established so that each of the five members having the largest
number of shares, it shall appoint one of the Executive Director;
II. the seven will be elected in accordance with Annex B all Governors except those
the Governors, who were appointed the five members mentioned in paragraph
(I).
' Members ' in this paragraph means the Governments of countries whose names are
listed in the annex and, whether they are original members or become members in
the meaning of article II, section 1 (b)). If they become members of the Governments of other countries,
chorus of Governors may by a majority of all eligible four pětinovou votes
to increase the total number of directors by increasing the number of elected directors.
Executive Directors are appointed or elected every two years.
c) each Executive Director shall appoint a Deputy with full power to act for the
him in his absence. They are Executive Directors, who appoint a
Vice Presidents, present, náměstkové participate in meetings, but shall not
vote.
(d) the directors shall hold office) until they are appointed or elected
their successors. Vacant-the Office of the Director of the selected before
90 days before the end of his official term, it will be for the rest of the period
another Director is elected by the Governors chose the former Director. For
the election of a majority of the votes cast is required. If the Office does not
cast, Deputy Director of the former will perform its permissions,
except for permission to appoint a Deputy.
e) Executive Directors will officiate at the main Office of the Bank
and they will meet as often as it will require banks to stores.
(f)) to the current resolution of any meeting of the Executive Directors are required
majority of the directors, representing at least half of all eligible
votes.
g) each appointed Director will be entitled to cast a number of votes, how many
they have been referred to in part 3 of this article granted the Member that it
his name was. Each elected Director shall be entitled to cast the number of votes
He was elected colic. Any votes which it is authorized to the Director
commit will be committed as a unit.
(h) governing accepts orders) chorus, according to which a member who is not entitled to
appoint the Director in accordance with paragraph (b)) may send a representative to
He took part in any meeting of the Executive Directors, in which she will discuss
request that the Member or the thing that particularly concerned him.
I) Executive Directors may establish such committees, which consider
needed. The membership of such committees may not be restricted to the Governors
or Director or their Deputy.
Part 5.
The President and staff
and Executive Directors chosen by the President), that will not be a Governor or
the Executive Director or the Deputy of any of them. The President will
the Chairman of the Executive Directors, but will not have voting rights with
the exception of the decisive voice in the case of a tie. You may participate in the
the Corps of Governors meetings, but not vote at such meetings.
The President ceases to carry his Office when they decide so efficient
the directors.
(b)) the President will head the Bank's employees and the incumbent will lead,
for the management of the Executive Directors, the ordinary shops of the Bank. Withdrawn from the General
the control of the Executive Directors, will be responsible for the organisation, recruitment and
dismissals of officials and employees.
(c)) the President, officers and employees of the Bank have in exercising its functions
a business obligation only to the Bank and to no other authority. Each Member of the
The Bank shall respect the international character of this duty and shall be
to abstain from all attempts to influence them in the performance of any of its
obligations.
(d)) in the appointment of officials and other servants President, bearing in mind the
of prime importance to ensure the highest level of performance
and technical competence, it will be taken into account due to the fact that it is
important that the staff was chosen on the broadest possible geographical
the base.
Part 6.
Advisory Council
and) will be set up Advisory Council, consisting of no less than seven members,
selected by the College Governors of representatives of banking, business,
industrial, blue-collar and agricultural interests, and with the representation of
Nations, the broadest possible. In these fields, where there are
specialized international organizations, members of the Congregation representing these
subjects will be selected in consultation with these organizations. The Advisory Board will be
to advise the Bank on matters of general policy of the Bank. The choir will
meet once a year and at the request of the Bank and on other occasions.
(b) the members of the Advisory Council will be) hold office for two years and can
be renewed. They will be replaced by reasonable costs resulting from the
activities for the Bank.
Part 7.
Zápůjčkové committees
Bank shall appoint committees, of which there is a need to report on the borrowing and lending
According to article III, section 4. Each such Committee shall have in its midst
the expert selects the Governor, representing the Member in whose territory the
the project takes place, and one or more members of the technical
the Bank's employees.
Part 8.
Relationship with other international organisations
and the Bank will work in) the limits of this agreement together with any
universal international organizations, and with public international
organizations that have defined responsibilities in related fields.
Any arrangements for such cooperation, which would include any
a change in the provisions of this agreement, may be performed only after you change this
The agreement referred to in article VIII.
(b)) when deciding on applications for borrowing or guarantee that
apply to matters directly to the scope of any
the international organization of the species referred to in the preceding paragraph, the
which, in particular, the members of the Bank have a share, the Bank shall consider the opinions and recommendations
such an organization.
Part 9.
The location of the offices of the
the main Office of the Bank) will be located in the territory of a member, that holds the
the majority of shares.
(b)) the Bank may establish management or branch in the territory of any
a member of the Bank.
Part 10.
Regional offices and councils
and the Bank may set up regional) offices, and to decide about their location and
the area for which each regional office will be set up.
(b) Each regional office) will advise the Regional Advisory Council,
representing the entire area and selected as the Bank shall determine.
Part 11.
Storage space
and each Member shall designate its) Central Bank as a storage place for all
amounts which the Bank holds in its currency; If the Central Bank determines such
another institution that will be acceptable to the Bank.
(b)) the Bank may hold other assets, including gold, on storage locations
designated five members, who have the largest number of shares, and on the other
storage areas, selected by the Bank. Initially, it will be at least half of the
Gold stocks of the Bank held in the storage location specified by a member, in whose
the territory has its main office, the Bank, and at least 40% will be kept to a
the remaining four storage locations of the above members,
as each of these places will initially hold storage at least it
the amount of gold on their shares paid member that this place
Specifies. But all the transfers of gold by the Bank will be carried out with due
taking into account the transport costs and the foreseeable need for Banks. In
an emergency can convert all Executive Directors gold stocks
The Bank or any part thereof to any place where they can be sufficiently
protected.
Part 12.
How to držeb currency
The Bank accepts from any member to place any part of the Member (s)
the currency, paid to the Bank in accordance with article II, section 7 (I), or to pay for
umořovacích salaries for leases granted in this currency, of which the Bank
It does not need for their activities, bills (vouchers) or similar bonds,
issued by the Government of a member or cluster storage place designated by such Member;
will be non-transferable, nezúročitelné and splatny will be its nominal value
on request, so that it will be credited to the credit of the Bank on the account in the
the specified storage location.
Part 13.
Disclosure and taking messages
and the Bank will publish the annual) message containing the přezkoušený
revenue and expenditure account and will be distributed to the members within the time limits on three-or
shorter overall statement of its financial condition and profit and loss account,
zpravující of the results of its activities.
(b)) the Bank may publish messages and other messages, if it considers it desirable for the performance of
its purpose.
c) copies of all reports, statements and publications issued under this
the article will be delivered to the members.
Part 14.
Allocation of net revenue
and the chorus of Governors shall decide each year), what part of the net income
After subsidizing the surplus allocated to reserves and what any part will be
split.
(b)) if any part of the split, nekumulativně each
as a member of the first installment on the distribution of the proceeds for each year up to the amount
two percent of the average amount of base leases, provided
under article IV, section 1 (I)), and the outstanding during the year, and in the currency of
corresponding to its subscription. If there are two percent paid off as the first
installment, the rest to be divided, will be paid to all members in the
the ratio of their shares. Payments to each Member will be held in its own
currency, or, if the Bank does not have this currency in another currency of a member.
If such payments will be held in currencies other than the Member's
its own currency, the currency conversion and its use by the receiving Member for
payment will not be restricted by the members.
Čl.VI.
Surrender and suspension of membership: stop the activity
Part 1.
The right of members to give up membership
Any Member may at any time renounce membership in the Bank shall send the written
the announcement of the Bank in its main offices. The waiver becomes effective on the date on
When such a declaration will be adopted.
Part 2.
Suspension of membership
If a member fails to fulfil any of their obligations to the Bank, the Bank may
suspend its membership by decision of a majority of the Governors, having
a majority of all eligible votes. The following stops being suspended
automatically be a member of a year after his suspension, but would have the same
mostly it was decided to cancel the suspension.
If your membership is suspended, a member shall not be entitled to exercise any
rights under this agreement, except the right to give up the membership, however, will remain
bound by all the obligations.
Part 3.
Loss of membership in the International Monetary Fund
Any Member which ceases to be a member of the International Monetary Fund,
stops automatically after three months, be a member of the Bank, unless the
The Bank three-fourths majority of all eligible votes expressed consent
with the further duration of its membership.
Part 4.
Settlement of accounts with the States which they cease to be members of the
and if the State Stops) to be a member, remains bound by its direct obligations to the
The Bank, as well as unforeseen obligations to the Bank so long as
any part of the leases or warranties, concluded before the lapse of membership,
is this; However, it will not be bound by the new obligations relating to
loaners and guarantees to which the Bank undertook to later and will not
to participate and to yield, nor on the costs of the Bank.
(b)) at a time when a State ceases to be a member, the Bank shall arrange for the repurchase
its shares as part of the settlement of accounts with such State, in the
accordance with the provisions referred to under (c) below), and (d)). For this purpose will be
the redemption price of the shares value, which exhibit the books of the Bank on the day when
the State ceases to be a member.
(c) the Payment for shares repurchased) by the Bank pursuant to this part shall be governed by
These terms and conditions:
I. Any amount due to the State for its shares retained the Bank so
for a long time, if the State, its Central Bank or any of its
the institution remains as borrower or guarantor, to the Bank;
such amounts may, if it so decides, the Bank, be used to cover
any such obligation as soon as it reaches. No amount will be
detained on account of the commitment of the State arising under article II, section
5 (II) of the subscription of shares. In no event shall any amount owed to
Member for its shares repaid in less than six months after the date on which the State
ceases to be a member.
II. payments for shares may be conducted gradually, as the shares are State
delivered, and the extent to which the amount to make up the purchase
the price referred to in paragraph (b) exceeds the total of the liabilities) of loans and guarantees
referred to in paragraph (c)) (I), and will be held until the former Member has not received
all the buying-in price.
III. Payments will be held in the currency of the country of the receiving salary, or by
choosing the Bank in gold.
IV. If the Bank Suffers losses on guarantees, an interest on borrowing, or on
borrowing, which were nesplaceny in the day, when the State ceased to be a member of, and
the amount of such losses exceeds the amount of the reserve intended for
cover losses on a day when the State ceased to be a member of such a State will be
Thanks to repay on demand the amount by which the repurchase price of the shares was
reduced, if the losses were taken into account when the repurchase price was
determined by the. In addition, the former Member State remains committed to every challenge
the balance of outstanding bonds referred to in article II, section 5 (II), in the
the range of what would have been required to compensate if there was
the depreciation of capital and the challenge has become in time, when the redemption price of the shares
has been determined.
(d)) if the Bank stops its activity according to the part of the permanent 5 (b)) of this
Article during six months from the date on which a State ceases to be a
Member, all rights of such a State will be determined by the provisions of part 5
This article.
Part 5.
Stop the activity and fulfill the commitment
and in the case of urgent necessity) can stop the Executive Directors at the time
activity in terms of new leases and warranties, until suitable opportunities
for further consideration or action of the governing Corps.
(b)) the Bank may permanently stop its activity, in terms of the new lease and
guarantees, the resolution of most governors, representing the majority of
legitimate votes. After this stop stops the Bank in any
with the exception of such activity that is directed toward the proper implementation,
the conservation and preservation of its assets and to settle their obligations.
(c) a commitment by all members for) unwanted subscriptions the share capital of the Bank and
commitment arising from the depreciation of their own currencies will take
If they do not meet all of the claims of creditors and all possible
claims directly to the unforeseen.
(d)) all the creditors direct claims will be paid out of the assets of the Bank and
then from the salaries held Bank to challenges on the outstanding notes. Before
by exercising any of the salaries of the creditors, having direct claims, the
Executive Directors such measures, which will be referred to the Court
needed to ensure creditors having claims directly
unforeseen, that will be met in the same proportion as claims direct.
(e)) will not be divided into members to account for their subscriptions the share capital
The Bank,
I. until all amounts owed to creditors is not completed or is not
they cared for and
II. the majority of the Governors, having until a majority of the authorized votes,
Decides that such allocation will make.
f) once the decision on the implementation of the Division referred to in paragraph
(e)), the Executive Directors of two thirds make progressive
distribution of assets of the Bank to the members until exhaustion. This distribution is
subject to the preceding satisfaction of outstanding claims of the Bank against
to each Member.
g) before any distribution of assets, Executive Directors
provides for a proportionate share of each Member in proportion to its shareholding to
the aggregate of the shares of banks that are in circulation.
h) Executive Directors will appreciate at the date of distribution of assets to be
divided, and then will proceed with distribution as follows:
I. each Member will be paid in his own bonds or in
bonds of his official or legal persons on its territory,
If the Bank can use for distribution, the amount is worth
equal to the relative share of the total by the amount to be
split.
II. The rest belonging to the Member after the payment made under (I), the
paid in its own currency if the Bank held, up to the amount,
equal to the value of this remnant.
III. The rest belonging to the Member after the payment held under (I) and (II),
will be paid in gold or currency acceptable to the Member, if the Bank is
holds up to an amount equivalent to the value of this remnant.
IV. any remaining assets held by the Bank after the execution of the remuneration of the members of the
referred to in points (I), (II) and (III), shall be divided pro rata among the members.
Every Member who receives the assets, divided by the Bank, in accordance with paragraph (h))
will they have the same rights, what should the Bank prior to their distribution.
Article. VII.
Status, immunities and privileges
Part 1.
The purpose of the article
For the Bank to carry out the functions which it is responsible, in the territory of
each Member of the granted the status, immunities and privileges referred to in
This article.
Part 2.
The Status Of The Bank
The Bank has to be full legal personality and, in particular, will be eligible:
I. enter into contracts;
II. to acquire immovable and movable property and to dispose of it;
III. to initiate legal proceedings.
Part 3.
The position of the Banks due to legal proceedings
Action brought against the Bank only can be made in a Court of competent
jurisdiction in the territory of a member, on which the Bank has an Office, has appointed
Agent to receive the summons, or actions, or has issued or
pledged securities. The action, however, must not be administered or members
persons acting as members of or derive from them. Assets and
assets of the Bank will be, whether they are placed anywhere or held by any person
free from all the ways that the seizure, load or execution before the release
final judgment against the Bank.
Part 4.
Nezabavitelnost assets
The property and assets of the Bank, whether they are placed anywhere and held by anyone
will be safe before the tour, rekvizicí, seizure, expropriation or
any other way will prevent administrative or legislative action.
Part 5.
Immunity of archives
The archives of the Bank shall be inviolable.
Part 6.
The liberation of assets from restrictions
To the extent necessary to carry out the activities of the Bank pursuant to this agreement and in the
the limits of the provisions of this agreement, all the property and assets of the Bank
be exempt from restrictions, regulations, controls and příročí of any kind.
Part 7.
Preferential rights for messages
With the official reports of the Bank will treat each Member as well as with the
official reports of the other members.
Part 8.
Immunities and privileges of officials and employees
All the Governors, Executive Directors, náměstkové, officers and employees
Bank
I shall enjoy immunity against lawsuits arising from conduct which
taken in his official rank, but would the Bank gave up this immunity;
II. If there are local nationals, shall enjoy the same immunities as are
against immigration restrictions, alien registration requirements and
military service obligations and the same benefits due to the foreign exchange restrictions,
what members accorded to representatives of other members of their officials and
employees in similar ranks;
III. travel will be allowed them the same benefits as members of the grant
the representatives of the other members, their officials and employees in similar
ranks.
Part 9.
Exemption from taxes
and the Bank, its assets), assets, income, and its operations and transactions,
leave provisions of this agreement will be exempt from any taxes and from
all customs duties. The Bank will also be exempt from the obligation to collect
or pay any tax or duty.
(b)) will not be levied on salaries and other income, paid by the Bank
the Executive Directors, their Deputy, or employees of the Bank who
There are local citizens, local subjects or other local
nationals.
c) Bonds or securities issued by the Bank (and even their interest and
dividends), anyone held, they will not be subject to any taxation,
I. that discriminates against such obligation or security just because
It is issued by the Bank;
II. If the only legal justification for such taxation is the place
or the currency in which they are issued, splatny or paid, or the location of the
offices or places of business of the Bank;
d) Bonds or securities guaranteed by a Bank (and even their dividends
and interest), anyone held, they will not be subject to any taxation,
I. that discriminates against such obligation or security just because
It is issued by the Bank;
II. If the only legal justification for such taxation is the location of the
offices or places of business of the Bank.
Part 10.
The application of article
Each Member shall take such measures as are necessary in its own
the territory, in order to keep within its own legal system has applied
the principles expressed in this article, and will inform the Bank about
details of the measures taken.
Article. VIII.
Amendments to the statutes
and any proposal to editing) of this agreement, whether based on from a member,
the Governor or Executive Directors, will be announced to the President of the College
the Governors; then, submit a proposal to the choir. If the proposed amendment
approved by the College, the Bank would all members of the ring by letter or
by telegram, whether they accept the proposed amendment. Where the proposed amendment to the
three-fifths of the members, with eighty-five percent) of all authorized
the votes, verifies the formal report this fact to the Bank controlled at all
members.
(b)) Besides what is stated below is required), acceptance of all
Members in the event of any changes that the newly regulates the (I) the right to give up
membership in the Bank provided for in article VI, section 1; (II) a right guaranteed
Article II, section 3 (c)); (III) the limitation of liability provided for in article II, section
6.
c) changes will be effective for all members, three months after the date of the formal
message, but would have been in the ring a letter or telegram addressed to the period
shorter.
------------------------------------------------------------------ *)
The change from 16. 2. the 1989 four-fifths were replaced by 85%.
Article. IX.
Interpretation Of The Agreement
any question of interpretation) the provisions of this agreement which arises between
by any member and the Bank, or between any members of the Bank, the
submitted to the decision of the Executive Directors. If the question refers to
in particular, a member who is authorized to appoint an Executive Director, will be
This member is entitled to representation under article V, section 4 (h)).
(b)) in any event, when the Executive Directors shall take decisions in accordance with
paragraph a), each Member may request that the question was presented to the College
the Governors; their decision will be final. Pending the decision of the congregation may
The Bank shall, if it considers it necessary, Act on the basis of the decision of the Executive
of the directors.
(c)) at any time a disagreement between the Bank and the country, which had ceased to be
a member of, or between the Bank and any Member for permanent cessation
activities of the Bank, will be submitted to the decision of the General Court mismatch.
the three arbitrators, one appointed by the Bank, the other appointed by the
the relevant country and arbitration, which has-unless the parties have agreed
otherwise, the President-designate Permanent Court of international justice or
such other authority as prescribed by the regulations, will the Bank accepts it.
The referee has the power to handle all management issues that arise
the mismatch between the parties.
Article. X.
The expected approval
At any time, require the consent of the Member to ensure that the Bank has taken some
the negotiations, the consent shall-with the exception of the conduct referred to in article VIII-
assume, unless the opposition during such a reasonable period,
What is the Bank sets, zpravujíc member of the intended action.
Article. XI.
Final provisions
Part 1.
Entry into force of
This agreement will take effect once it is signed on behalf of the States,
the smallest notes is at least sixty-five percent of the total
subscriptions, listed in Annex A, and when they are folded on their behalf
the Charter set out in part 2 of this article;) in any case, this
The agreement shall not take effect before 1. to May 1945.
Part 2.
Signatures
and Every State) on behalf of the agreement is signed, deposited with the Government
United States of America stating that the Charter has accepted this Agreement
in accordance with its laws and that it has taken all the necessary steps to
to carry out all its obligations under this agreement.
(b)), each State becomes a member of the Bank from the date on which the Charter will be stored
referred to in paragraph (a)), but no State will not become a member until this
The agreement shall not take effect under part 1 of this article.
(c)), the Government of the United States shall notify the Governments of all the countries whose
names are listed in Annex A, and all States, whose membership will be
approved in accordance with article II, section 1 (b)), of all signatures of this agreement and
on the composition of all the documents referred to in paragraph (a)).
(d)) at the time when this agreement is signed on his behalf, commits each
the State Government of the United States of America to cover the administrative expenses of the Bank
one hundredth of a percent of the price of each stock in gold or in dollars
United States of America. This payment will be credited to his credit on the account
payment to be made within the meaning of article II, section 8). The Government of the
The United States will lead the money in a special account and the cluster storage
surrender is the Corps of Governors of the Bank, will be convened as soon as the opening
the meeting referred to in part 3 of this article. If this Agreement shall not take
effective 31 December 1998. in December 1945, the Government of the United States returns
the money States that is cast.
e) this agreement will be able to be signed until 31 December 2006. December 1945
Washington, d.c., on behalf of the Governments of the countries whose names are listed in annex a.
f) after 31 December 2006. December 1945 this agreement can be signed on behalf of
the Government of each country, whose membership has been approved in accordance with article II, section
1 (b)).
(g)), the signing of this agreement, all States it is both for themselves and
for all your colonies, overseas territories, all territories under their
protection, sovereignty or authority and any territory over which the
carrying out the mandate.
h) with regard to States whose parent territory was occupied by enemy
may be depositing the instrument referred to in paragraph a) postponed until 180 days
the date on which the territory will be exempt. If, however, you will not be certain
in such a State is stored before the expiry of this deadline, the signature attached
on behalf of that State becomes invalid and a part of the subscription, paid by
paragraph (d)), it will be returned.
I) of paragraph (d)), and (h)) will be effective against any State signatárnímu
from the date of its signature.
Part 3.
Start of activities of the Bank
and) once this agreement takes effect in accordance with section 1 of this article,
each Member shall be appointed by the Governor and a member of the, which is given in the annex, and
the largest number of shares, shall convene the first meeting of the governing Corps.
(b)) at the first meeting of the governing Corps measures shall be taken for the election of
Provisional Executive Directors. The Governments of the five countries, which is in the annex, and
allocated the largest number of shares, they shall appoint the interim Executive Director.
If one or more of those Governments do not become members, remains
the Executive Directorate, that would have been entitled to occupy, uprázdněno, until the
they become members of or up to 1. in January 1946, depending on which date
It will be earlier. The seven Provisional Executive Directors will be elected by the
the provisions of Annex B and will remain in Office until the date of the first ordinary election
Executive Directors, which will be held as soon as possible after 1. January
1946.
c) chorus of Governors may delegate to the Executive Director all of the interim
permissions outside of the one that the Executive Director cannot be transferred.
(d) advise the members) the Bank once it is ready to begin operation.
Given in the Washington, d.c., this twenty-seventh day of December in the year one thousand
devítistého recital 41 of the fifth, in a single copy which shall remain
saved in the archives of the Government of the United States of America. This sends the authenticated
copies to all the States, whose names are listed in Annex A, and all
States whose membership is approved in accordance with article II, section 1 (b)).
Č. 4. And
Subscriptions
(in millions of United States dollars)
Australia............... 200 South African Union........... 100
Belgium.................. 225.................. 45
Bolivia................... 7 Canada..................... 325
Brazil................ 105 Colombia.................... 35
Costarika................. 5 Kuba ........................ 35
Czechoslovakia.......... 125 Liberie...................... 0.5
Čína .................... Luxembourg 600................. 10
Dánsko ................... *) Mexiko ...................... 65
Dominican Republic.... 2 Nicaragua.................... 0.8
Equador................... 3.2 Netherlands.................. 275
Egypt .................... 40 Norway...................... 50
El El Salvador............... 1 New Zealand................. 50
Philippines................. 15. Panama ... ... ... ... ... ... .... 0.2
France................. Paraguay 450..................... 0.8
Guatemala................. 2 Peru ........................ 17.5
Habeš ..................... 3 Poland ..................... 125
Honduras.................. 1 Řecko ....................... 25
Chile .................... 35 United Kingdom........ 1300
Indie ................... 400 United States. ... 3175
Irák ...................... 6 of Soviet
Socialist Republics.. 1200
Írán ..................... Uruguay 24..................... 10.5
Iceland.................... 1 Venezuela................... 10.5
A total of 9100
------------------------------------------------------------------
*) The quota will be set by the Bank of Denmark, when the Danish Government
declares its willingness to sign such an agreement, but before
the signing occurs.
Annex B
The choice of Executive Directors
1. the choice of elected Executive Directors will be held to vote
Governors, legitimate choice in accordance with article V, section 4 (b)).
2. the vote of the elected Executive, a Governor, and conspired
true to select the cast for one person all of the votes to which it is
According to part 3, article in entitled to Member that appointed him. Seven people,
that will get the largest number of votes, will become the Executive Directors with the
the exception that shall be considered elected no person gets
less than 14 percent of all eligible votes.
3. If the selected seven people at the first poll, in which the person
that got the least number of votes will not be optional, and which
only choose
and those governors who) in the first ballot, voted for the person
nezvolenou,
(b)) they have the Governors ' votes, cast for the person chosen, has
referred to in paragraph 4, that have increased the number of votes cast for the
person over 15 percent of the eligible votes.
4. in determining whether the votes cast by some Governors,,
It is considered that increased the total number of votes cast for
any person above fifteen percent of eligible votes, it will be about the
Fifteen percent have considered that include mainly the voices of the Governor,
that gave the largest number of votes for such person, then the votes
the Governor, who gave the closest number of etc, until it reaches 15
percent.
5. each Governor, of whose votes must be counted, the part that
increased the total number of votes cast for any person above 14 percent,
It will be considered that that gave all her votes for such person, even
When the total number of votes for such person thereby exceed fifteen percent.
6. If the second ballot will not be chosen by seven people,
further voting according to the same principles, until it is selected
seven people, provided that, after the election of six people may be the seventh
elected by a simple majority of the remaining votes and will be deemed to have been
all of these voices is selected.
The AGREEMENT
the international financial Corporation
(As amended by the supplement according to the resolution, with effect from 21 September 1961 and September 1
1965)
Washington, D. C.
July 1986
The agreement on the International Finance Corporation
The Government, on whose behalf the agreement signed, have agreed as follows:
Introductory article
The International Finance Corporation is hereby established (hereinafter referred to as "the Corporation"),
that will operate in accordance with the following provisions:
Article. I..
The target of the
The aim of the Corporation is to assist the economic development by encouraging the growth of
private manufacturing business in member countries, especially in the less
developed areas, and thus complement the activities of the International Bank for
reconstruction and development (hereinafter referred to as "the Bank"). In pursuing this objective will be
Corporations:
(i) in conjunction with private investors to help finance the establishment,
improvement and expansion of the private production companies, which will
to the development of the Member countries through investment, covered from
the respective member Governments does not require a guarantee for the repayment, and that in the
cases where there is not enough private capital for
acceptable conditions;
(ii) the search for investment opportunities and provide for them, both domestic and
foreign capital and experienced management; and
(iii) encourage and help shape the conditions that would help bring
private equity capital from both domestic and foreign investment in the production of the Member
countries.
The Corporation will, in all its decisions governed by the provisions of this
article.
Article II.
Membership and capital
Part 1:
Membership
(a) the founding members of the Corporation are the members of the Bank, who are
included in the list, and which accept this agreement and membership in the Corporation in the
day, or before the date specified in article IX, section 2 (c).
(b) membership can get other members of the Bank at the time and under the conditions
to be determined by the Corporation.
Part 2:
Share capital
(a) the Nominal share capital of the Corporation will be $ 100,000,000 in U.S.
dollars. ^ *)
(b) nominal share capital will be divided into 100,000 shares, which
have a nominal value of one thousand u.s. dollars. Other such shares,
that have not been subscribed for shares as the input, the founding members
available next to the Subscriber pursuant to section 3 (d) of this article.
(c) the size of the share capital increase the Board of Directors may at any time
as follows:
(i) majority of votes cast, in cases where this is necessary to increase
for the issue of shares on the input shares to members who are not
the founding members, provided that the total increase approved by
This paragraph will not be more than 10,000 of shares;
(ii) in all other cases, by a three-quarters majority of the votes.
(d) in the case of the increase referred to in the above paragraph (c) (ii) will have
each Member a reasonable opportunity to subscribe under the conditions which it decides to
Of the Corporation, such proportion of the increased capital, which would match the
the proportion of the capital that is already subscribed, the total stock of capital
The Corporation, however, for any member of the subscription to any part of the increased
capital is not mandatory.
(e) the issuance of shares, other than those which they subscribe as input shares or
According to the above paragraph (d), requires a three-fourths majority of all
votes.
(f) shares of the Corporation will be available for subscription only by members and only
they will be released.
Part 3:
Subscribed shares
(a) Each founding member shall subscribe to the number of shares that is listed
next to their name in the list and on number of shares subscribed by other members,
the Corporation shall decide.
(b) shares to be subscribed by the founding members will be issued at par
upsanou value.
(c) input the share of each founding member is payable within 30
the days of either the date on which the Corporation starts to exist pursuant to article IX, section 3
(b), or from the date when such founding member becomes a member by
of that eventuality occurs later, or the next day,
to be determined by the Corporation. Payment is made in gold or US dollars at the
challenge Corporations that will determine the place or places of payment.
(d) the price and other conditions of the subscription of shares, shall subscribe to the otherwise than on
the input shares the founding members shall be determined by the Corporation.
Part 4:
Limitation of liability
By virtue of their membership does not match any member of the obligations of the Corporation.
Part 5:
Restrictions on the transfer and pledge of shares
Shares may not be pledged or encumbered in any way and may only be
transferred only to the Corporation.
Article. III.
Operation
Part 1:
Financial operations
The Corporation may invest its funds in private manufacturing companies on the
the territory of its members. The existence of a Government or other public interests in
These enterprises does not exclude absolutely the Corporation to invest in options
such an undertaking.
Part 2:
Methods of financing ^ *)
(Amendment of 21 September 1961)
The Corporation may invest its funds in the form or forms of what
deems appropriate under the circumstances.
1) original text:
(a) the Corporation does not carry out its funding in the form of investment
the share capital. The Corporation may invest its funds in the form
or forms that will be considered appropriate in the circumstances,
including (without limitation) the investments which the holder has the right to participate in
on the proceeds of a right to subscribe for share capital or investment to convert to
(b) the Corporation itself does not have the right to subscribe to or change investment on stock
capital.
Part 3:
Operations policy
Operations of the Corporation shall be made in accordance with the following principles:
(i) the Corporation will not provide finance, where in its opinion,
You can get enough private capital on reasonable terms;
(ii) the Corporation will not provide finance business on the territory of any
Member, if the Member has objected to such financing;
(iii) the Corporation will not insist that the proceeds from the financing of
was used on the territory of the country;
(iv) the Corporation does not assume responsibility for the management of the enterprise to
which has invested, and will not benefit from the right to vote for this
purpose or for any other purpose, which, in its opinion, falls
legitimate management area; ^ ^ **)
(v) the Corporation will carry out its financing in such a manner and under
such terms and conditions as it considers appropriate, taking into account the
the requirements of the undertaking, risks of corporations and conditions and performed in ways
that normally applies for private investors in a similar
funding;
(vi) the Corporation will try to ensure their equity sales turnover
its investments to private investors whenever it will be appropriate for
satisfactory conditions;
(vii) the Corporation when its investments will seek a reasonable
diversification in its investments.
Part 4:
Protection of the interests
Nothing in this Agreement shall prevent the Corporation from making in the case of actual or
failure to comply with the applicable obligations can be threats relating to any
investments, actual or potential insolvency of the undertaking to
which has invested, or in any other situation which, in the opinion of the Corporation
These investments, it has taken threatens such steps and apply such
right, as it deems necessary to protect its interests.
Part 5:
Applicability of certain foreign exchange restrictions
The amounts received by the Corporation or which shall be payable in respect of
with an investment of the Corporation in any of the Member countries under part 1
This article is only on the basis of patent any provision of
in this agreement, from foreign exchange restrictions, regulations and controls that apply
on the territory of that Member.
Part 6:
Various operations
Beyond the operations referred to elsewhere in this agreement, the Corporation has the right to:
(i) borrow cash amounts, and in this context provide
parallel or other guarantee that it shall determine, provided, however, that the
before it performs the public sale of its obligations in the markets of the Member, gets
The Corporation's consent and the consent of the Member, the Member in whose currency to be
bonds sold; If the Corporation owed for a loan from a bank
or for a loan guaranteed by the Bank, then for this debt
the total amount of the outstanding debt of the Corporation itself or loans, for which the
A corporation is liable, not increase, if, at that time, or because
aggregate amount of the debts of the Corporation (including warranties for any debt),
originating from any source and in that time, the outstanding, exceeded its
the amount that is equal to four times its unladen subscribed
capital and surplus; ^ *)
(ii) invest the funds that it doesn't need for financing
its operations into bonds that it can identify and invest
the funds, which held for pensions and similar purposes in
of any marketable securities, and this investment will not be
be subject to any restrictions set out in other sections of this article;
(iii) to provide guarantees on securities, into which it invested to
facilitate their sale;
(iv) to buy and sell securities issued by or
guarantees, or in which it has invested;
(v) to exercise other rights in connection with his business activities,
If it is necessary or appropriate to promote their own goals.
Part 7:
Reviews of currencies
Whenever this is necessary under this agreement evaluate any currency in
compared to another currency, makes this assessment of the Corporation after
consultations with the International Monetary Fund.
Part 8:
Notice relating to securities
Each paper that Corporations be issued or for which he is liable, it will have to
conspicuous place a statement that is not a Bank or a bond, if the
It is not explicitly stated on the paper, not a government bond.
Part 9:
The ban on political activities
The Corporation and its agents will not interfere with political affairs
any Member, and its decision will not be influenced by political
the orientation of the Member. The decision will be subject to only
economic considerations that must be impartial in order to achieve the objectives of the
referred to in this agreement.
Article IV.
Organization and management
Part 1:
The Structure Of The Corporation
The Corporation has a Board of Governors, Board of Directors, the Chairman of the Board of Directors,
the President and other officials and employees for the performance of duties
Corporations.
Part 2:
The Management Board
(a) all the powers of the Corporation belongs to the Board.
(b) each ordinary or substitute member of the Board of the Bank, appointed a member of the
Banks, who is also a member of the Corporation, will be ex officio ordinary, respectively.
alternate member of the Board of Directors of the Corporation. Each Member of the Board replacement
the Council may vote only in the absence of the Member of the Management Board.
The Board selects one of its members as Chairman of the Board.
Any ordinary or substitute member of the Board ceases to carry
function if the Member who named him, ceases to be a member of the
Corporations.
(c) the Administrative Council may pass Board of Directors the right to exercise its
powers with the exception of:
(i) the admission of new members and determine the conditions of their admission;
(ii) the increase or decrease of share capital;
(iii) the exclusion of members;
(iv) deciding on appeals concerning the interpretation of this agreement in
the interpretation of the Board of Directors;
(v) conclusion of conventions on cooperation with other international organizations
(excluding the informal agreements are temporary and are of an administrative nature);
(vi) decisions concerning the permanent cancellation of the operations of the Corporation and distribution of assets;
(vii) the announcement of dividends;
(viii) modification of this agreement.
(d) the Administrative Council holds an annual meeting and other meetings, which prepares
the Management Board shall be convened by the Board of directors or.
(e) the annual meetings of the Administrative Council will be held together with the annual meeting of the administrative
the Council of the Bank.
(f) Any meeting of the Board of Directors is quorate, if present
the majority of the Council members, who represent at least two-thirds of all votes cast.
(g) the Corporation may establish a procedure by which the Board of Directors gets
the votes of members of the Management Board for a particular question, without having to convene
meetings of the Administrative Council.
(h) the Board and the Board of Directors may, in the scope of their competence
to adopt such rules and provisions which are necessary for the correct
the running of the work of the Corporation.
(i) members of the Management Board and the members of the Council shall carry out replacement Office
without compensation on the part of Corporations.
Part 3:
Vote
and the voting power of each member) will be equal to the sum of its basic votes
and equity of votes.
I) Basic votes of each Member will be based on the number of votes
equitable distribution of 5.55% of the total number of votes of all members between the
all members, so that the number of basic votes has always been a whole number.
II) Equity votes for each Member will be based on the number of votes
the allocation of one vote for each share of the capital they hold.
(b) unless otherwise provided, decisions on all matters of the Corporation
by an absolute majority of the votes cast.
Part 4:
The Board of Directors
(a) the Board of Directors is accountable for the implementation of the General operations
Corporations, and to this end, it applies all his power under this
Agreement or the powers that she handed over the Administrative Council.
(b) the Board of Directors of the Corporation shall be composed of the Executive Directors, ex officio
Banks, each of which is either (i) the appointed member of the Bank, which is at the same time
a member of the Corporation, or (ii) elected in the elections, in which his
the election of counting the votes of at least one member of the Bank, which is
at the same time a member of the Corporation. A representative of each of these powerful
the directors of the Bank will be ex officio Deputy Director of the Corporation. The Director of the
ceases to be a Director if a member that appointed him, or all
the members, whose votes count for his election, cease to be
the members of the Corporation.
(c) each Director, who is appointed by the Chief Executive Officer of the Bank, has
the right to as many votes as it has in the Corporation Member, who named him. Each
the Director, who is elected by the Executive Director of the Bank shall be entitled to so much
votes, how many are in the Corporation has a member or members of the Corporation, whose
votes are counted towards for his election in the Bank. All voices
the Director shall be entitled to vote, shall be used as a single unit.
(d) the Deputy Director has in the absence of the Director, who appointed him,
the full powers for the performance of the duties of the Director. The Director is present,
his Deputy, may participate in meetings but may not vote.
(e) meetings of the Board of Directors is quorate if the majority
the directors, who represent no less than one half of the votes.
(f) the Board of Directors shall meet as often as the work of the Corporation so requires.
(g) the Board shall adopt such provisions according to which the
A corporation that does not have the right to appoint the Executive Director, the Bank may
send a representative to any meeting of the Board of Directors of the Corporation,
If the hearing of a request made by that Member or matter,
which this member is particularly touching.
Part 5:
Chairman, President, device
(a) the President of the Bank is ex officio Chairman of the Board of Directors of the Corporation,
but does not have the right to vote, except in cases where the decision will have a voice
When the same number of votes. You may attend the meetings of the Board of Directors, but
at these meetings will not vote.
(b) the President of the Corporation shall be appointed by the Board of Directors on the recommendation of the
of the President. The President is the head of the production apparatus of the Corporation. Under
the leadership of the Board of Directors, and under the supervision of the President will be to perform common tasks
Corporations and under their general supervision will be responsible for
the Organization, hiring and firing officials and workers.
The President may participate in the meetings of the Board of Directors, but will not be on these
meetings to vote. The President may be dismissed by decision of the Board of Directors
with the approval of the President.
(c) President, officials and device corporations are required to service
only the Corporation and any other authorities. Each Member of the Corporation will honor
the international character of this service and will not try to influence the
anyone in the performance of its services.
(d) with regard to the paramount importance of ensuring the maximum performance levels
and technical competence is in the selection of officials and staff of the apparatus
The Corporation must keep in mind that it is necessary to obtain workers from what
the broadest possible geographical base.
Part 6:
Relationship to the Bank
(Appendix 1 September 1965)
(a) the Corporation is a separate entity, separate and distinct from the Bank and the
the funds of the Corporation shall be managed separately from the funds, which
It belongs to the Bank. ^ *) the provisions of this section shall not prevent the Corporation, to be agreed
with the Bank of rooms, staff and services and payment
the administrative expenditure, which in the first place one organization has paid
for the benefit of the other.
(b) in accordance with this agreement, the Corporation is not accountable for the actions and commitments of the Bank
Neither Bank is not accountable for the obligations of the Corporation.
Part 7:
Relationship with other international organisations
The Corporation through a bank enters into a formal agreement with the United
Nations and may enter into similar agreements with other public international
organizations specializing in related areas.
Part 8:
The Office of the
The main Office of the Corporation will be in the same location as the main office
Of the Bank. The Corporation can have an Office on the territory of any member.
Part 9:
Deposit locations
Each Member shall designate its Central Bank as depository, where
Corporation may keep the currency of a member or other assets of the Corporation, or
If he is not a member of the Central Bank, shall designate for this purpose such
the institution that the Corporation would suit.
Part 10:
Communication channel
Each Member shall designate the competent authority with which the Corporation would interact in the
matters arising out of this agreement.
Part 11:
The issue of reports and provision of the information
(a) the Corporation will issue an annual report, which will include financial
the statement, and will be distributed to members in the respective intervals summary
the reports on the State of the finances, profit and loss and the overall outcome of the operations.
(b) the Corporation may issue additional messages, if it considers it desirable for the
to accomplish its objectives.
(c) copies of all reports, statements and publications listed in this section are
They shall be distributed to the members.
Part 12:
Dividends
(a) the Administrative Council shall decide from time to time, that part of the net income and
the surplus of the Corporation after due provision for reserves shall be distributed in the form of
dividends.
(b) dividends shall be distributed pro rata in proportion to the shares of which they are members
holder.
(c) Dividends shall be paid in such manner and in such currency or
currencies, what determines the Corporation.
Article. V.
The withdrawal, discontinuance of membership, the suspension of operations
Part 1:
Resignation of members
Any Member may withdraw from the Corporation at any time on the basis of
written notification, the stage at the main Office of the Corporation.
Withdrawal shall take effect in this day when the Corporation written notice
It receives.
Part 2:
Interruption of membership
(a) when a member fails to fulfil any of their obligations to the Corporation, may
The Corporation to discontinue its membership by decision of a majority of the Board,
representing a majority of the total votes. A member that has broken
membership, automatically cease to be a member of the year following the date of termination of membership,
If the same majority decides to restore his membership.
(b) at the time when the Member has broken the membership, does not have the right to exercise the rights
under this agreement, excluding the right of withdrawal, but will continue to
subject to all the liabilities.
Part 3:
Suspension or termination of membership in the Bank
Any member of the, which was lost in the Bank or membership ceases
be a member of the Bank, will automatically have broken of membership in the Corporation,
button is clicked. ceases to be a member.
Part 4:
The rights and obligations of Governments, which cease to be members of the
(a) when the Government ceases to be a member, he shall continue to be for all amounts,
which has to repay the Corporation. The Corporation shall arrange for the repurchase of shares of such
Government as part of the payments under the provisions of this section, but the Government according to the
This agreement will have no other rights than those listed in this
part a of article VIII (c).
(b) the Corporation and the Government may agree to purchase shares from the Government for the
the conditions of appropriate in a given situation, notwithstanding the provisions of
the following paragraph (c). Such agreements may also have
the provisions of the final settlement of all obligations of the Government to the Corporation.
(c) in the absence of such an agreement during the six months after that, the Government
ceases to be a member of, or until such time that Government and corporations
agree on the purchase price of the shares of such Government established odkupovaných
as the value of the shares referred to in the books of the Corporation on the day
When the Government has ceased to be a member. The purchase of the shares is subject to the following
conditions:
(i) payment for the shares, after the Government gave up on them, they can perform
from time to time in such instalments, at such a time and in such available
currency or currencies, in which the Corporation reasonably determines, taking
into account the financial position of the Corporation;
(ii) any amount arising from its Government capital injection will be
detained, if the Government or one of its agencies continues to commitments
against the Corporation in respect of the repayment of any amount due, or
amounts, and any such amounts may be owed according to the discretion of the Corporation in
maturity be reimbursed from amounts withheld Corporations;
(iii) if the Corporation's net loss from investments made by
Article III, section 1, and if it is in the possession of this investment to date
the Government ceases to be a member, and if such a loss exceeds the volume of reserves
existing to cover such loss on the same date, then such a Government
to pay on demand the amount by which the price of the shares from her
odkupovaných was reduced, if there had been such losses are taken into account
in determining the prices of these odkupovaných shares.
(d) in no event will not be paid out of money belonging to the Government for the capital
According to this section before the expiration of six months after the Government stopped
be a member of. If during the six months after that, the Government will no longer be
a member of the Corporation, the operation stops according to part 5 of this article, all
the rights of such Governments shall be determined under the provisions of section 5 and such a Government
will continue to be considered as a member of the Corporation for the purposes referred to in section 5,
except that it does not have the right to vote.
Part 5:
Stop the operations and settlement of liabilities
(a) the Corporation may permanently stop its operations on the basis of the votes
most of the members of the Board, representing a majority of the votes. After
This stop the operations of the Corporation terminates all other activities, to
on here, which is essential for the realisation, conservation and preservation of our own
assets and settlement of obligations. In the final settlement of such liabilities and
the distribution of the assets of the Corporation will continue to exist and all mutual
the rights and obligations of the Corporation and its members arising from this agreement
will remain intact, except that any member cannot be broken
membership, nor will any not waive the membership and that nothing shall separate between
members outside of the Division referred to in this section.
(b) nothing shall separate between the members based on their deposits to equity
In the meantime, the Corporation than to pay all creditors, or until
than the majority of its Board members representing a majority of votes
Decides to make such a distribution.
(c) according to the previous splits the Corporations assets the Corporation members of the Pro-
propočtem (pro rata) in proportion to the stock of capital in their possession,
each Member, however, must first pay the debts of the Corporation to
It has. This Division shall be carried out at that time and in such a currency either in
cash or other assets, what will the Corporation be considered to
correct and acceptable. Shares distributed among several of the members may not
necessarily be the same as to the kind of assets or to the currency in which they are expressed.
(d) any Member who gets the assets of corporations being divided according to
This section will have the same rights with regard to such assets, as before
This was a corporation.
Article VI.
The status, immunities and privileges
Part 1:
The purpose of the articles
In order to carry out the functions of the Corporation, which was responsible for, according to the
This article provided with status, immunity and privileges, which will have to
the territory of each Member.
Part 2:
The Status Of Corporations
A corporation is a legal entity and has a particular permission:
(i) enter into contracts;
(ii) to acquire and sell real estate and chattel;
(iii) initiate judicial proceedings.
Part 3:
The position of the Corporation in relation to legal proceedings
The Corporation can sue only before the competent court in the territory of a member, in
which the Corporation has an Office, or has his principal, or where
issued securities or guarantee for such papers. The action, however,
be a member or a person who acts on recovery from
members. The property and assets of the Corporation, wherever they may be and in the possession of
anyone, they are immune to all types of seizure, transfer or
execution before passing final judgment against the Corporation.
Part 4:
Immunity of assets against seizure
The property and assets of the Corporation, wherever they are, and in the possession of anyone
they will be immune to inspection, rekvizici, confiscation, expropriation or
any other form of seizure or legislative exekutivním way.
Part 5:
Immunity of archives
The archives of the Corporation shall be inviolable.
Part 6:
Assets are not subject to the restrictions
To the extent necessary for the execution of the operations referred to in this agreement and in accordance with article III,
section 5 and the other provisions of this agreement are all the property and assets of the
The Corporation shall be exempt from restrictions, regulations, controls and moratoria
of any kind.
Part 7:
The prerogatives of the communication
To the official communications media Corporations, each Member will behave
as well as to the official communications of other members of the media.
Part 8:
Immunities and privileges of officers and employees
All the regular and alternate members of the Board, directors, representatives of the
Directors, officers and employees of the Corporation:
(i) are immune from legal proceedings in the case of acts performed by them in their
the official function;
(ii) the absence of a local citizenship, are entitled to the same immunity on
the immigration restrictions, aliens registration requirements and obligations
military service and the same options as regards foreign exchange restrictions on what
provided by members to the representatives, officials and employees of other members in the
a similar position;
(iii) will have the same options as for travel what they provide
the members of the employees ' representatives, officers and other members in a similar
position.
Part 9:
Immunity against taxation
(a) the Corporation, its assets, property, revenue and operations and transactions
authorized by this agreement are immunized against all taxes and all
the members of the. The Corporation is also immune to the obligations in connection with the
collecting or paying taxes or customs duties.
(b) does not impose a tax on salaries and emoluments, which the Corporation provides
Directors, representatives, directors, officers and other personnel
Corporations, who are local citizens, do not have local nationality, or
nationality.
(c) of the bonds or securities issued by Corporations (including dividends
or interest thereon), whether they are in the possession of anyone, shall tax
(i) which would mean discrimination of such bonds or securities
papers for the sole reason that Corporations have been issued; or
(ii) if only the legal basis for these taxes was the place or currency in
that have been issued, which are payable or paid, or the location of the
offices or dealership operated by corporations.
(d) does not recover the tax from bonds or securities guaranteed by the
Corporations (including dividends and interest payments from them), whether they are in the possession of anyone
with no sales tax is charged,
(i) which would mean discrimination of such bonds or securities
securities guaranteed by Corporations; or
(ii) if only the legal basis for these taxes was the place of the Office
or dealerships, which the Corporation operates.
Part 10:
The application of article
Each Member shall take such steps as are necessary to do so in its territory,
so in the sense of its own legislation, members of the principles of this article
applied and will inform the Corporation about the details of the steps that
took place.
Part 11:
Waiver of privileges and immunities
The Corporation may in its absolute discretion waive the privileges and immunities
arising from this article to the extent and under such conditions as
It designates.
Article. VII.
The amendments of the
(a) This agreement may be amended by a majority of Board members dvoupětinovou
representing four fifths of the total votes.
(b) Notwithstanding the above paragraph (a) is needed for a positive voice
all the members of the Management Board in the cases of amendments of
with:
(i) the right to withdraw from the Corporation pursuant to article V, section 1;
(ii) the right of pre-emption pursuant to article II, section 2 (d);
(iii) limitation of liability according to article II, section 4.
(c) Any amendment to this agreement, whether it comes from a member of
Board of directors or the Board of Directors, must pass to the Chairman of the Board
the Council, which shall submit a proposal to the Board. When the amendment was
accepted, it shall notify the Corporation's official communication to all members.
Amendments will be effective for all members, three months after the
transmission of official messages, if the Management Board does not specify a shorter period.
Article. VIII.
Interpretation and arbitration
(a) any question concerning the interpretation of the provisions of this agreement that
arise between the members of the Corporation or Corporations between the Member and shall be submitted to
the Board of Directors, which shall take a decision. If the question concerns a particular
a member of a corporation that does not have the right to appoint the Executive Director of the Bank,
This will have the right to representation under article IV, section 4 (g).
(b) in the case where the Board of Directors has made the decision under (a), may
the request that the question was presented to the Board, whose decision
then the final. Until the Administrative Council shall take its decision,
The Corporation may, if it considers it necessary, to act in accordance with Council decision
of the directors.
(c) whenever there is a mismatch between the corporations and countries which had ceased to be
a member of, or been a member of among corporations and any during the Permanent
interruption of the work of the Corporation, shall submit such dispute to arbitration
Tribunal of three arbitrators, one of whom is appointed by the Corporation, the other is
appointed an interested countries, and of the arbitration, which, if
unless otherwise agreed by the parties, is appointed by the President of the International Court
or other institutions, which in their provisions can determine
Corporations. The referee shall have the right to decide on procedure in cases
where the parties have not agreed on the procedure.
Article. IX.
Final provisions
Part 1:
Entry into force of
This agreement is valid if it has been signed on behalf of at least 30 Governments,
the subscription represents at least 75% of the total subscribed
the shares, according to the list, and, if the documents referred to in section 2 (a)
This article has been saved in their name, but in no case
This agreement shall not take effect before 1. October 1955.
Part 2:
The signature of the
(a) each Government, on whose behalf the present Agreement shall be signed by, deposited with the Bank
a legal document stating that the Government accepts this agreement without
the reservations according to their laws and that it has taken all steps necessary to ensure that
comply with all the obligations arising from this agreement.
(b) any Government becomes a member of the Corporation to the date of the imposition of the rule
the document referred to in the preceding paragraph (a), except for the fact that no Government
does not become a member before the agreement comes into force under part 1
This article.
(c) this agreement can be signed until 31 December 2006. December 1956 to the end of the official
hours at the Head Office of the Bank on behalf of the Governments of the countries mentioned in the list.
(d) after this agreement comes into effect, the Government may sign it
any country whose membership has been approved in accordance with article II, section 1
(b).
Part 3:
The official launch of
(a) as soon as this agreement enters into force in accordance with section 1 of this article,
the Chairman of the Board of Directors shall convene a meeting of the Board of Directors.
(b) the Corporation will launch its activities in the day when this meeting takes place.
(c) prior to the first meeting of the Board the Board of Directors has any and all rights
Board of Directors, except those that belong under this Agreement exclusively administrative
to the Council.
Given in Washington, in a single copy that is stored in the archive
International Bank for reconstruction and development, which ratified its signature
agree, that will be the depository of this agreement and that all
the Government, whose names are listed in the list, the date on which this
The agreement shall enter into force in accordance with article IX, section 1 of this agreement.
THE LIST AND THE
The subscription of the capital of the International Finance Corporation
Country Number Of Amount
shares (in US dollars)
--------------------------------------------------------------
Australia 2.215 2,215,000
Austria 554 554.000
Belgium 2.492 2,492,000
Bolivia 78 78.000
Brazil 1.163 1,163,000
Burma 166 166.000
Canada 3.600 3,600,000
Ceylon 166 166.000
Chile 388 388.000
China 6.646 6,646,000
Colombia 388 388.000
Kostarica 22 22.000
Cuba 388 388.000
Denmark 753 753.000
Dominican Republic 22 22.000
Ecuador 35 35.000
Egypt 590 590.000
El Salvador 11 11.000
Ethiopie 33 33.000
Finland 421 421.000
France 5.815 5,815,000
Germany 3.655 3,655,000
Greece 277 277.000
Guatemala 22 22.000
Haiti 22 22.000
Honduras 11 11.000
Iceland 11 11.000
India 4.431 4,431,000
Indonesia 1.218 1,218,000
Iran 372 372.000
Iraq 67 67.000
Israel 50 50.000
Italy 1.994 1,994,000
Japan 2.769 2,769,000
Jordan 33 33.000
Lebanon 50 50.000
Luxembourg 111 111.000
Mexico 720 720.000
The Netherlands 3.046 3,046,000
Nicaragua 9 9.000
Norway 554 554.000
Pakistan 1.108 1,108,000
Panama 2 2.000
Paraguay 16 16.000
Peru 194 194.000
Philippines 166 166.000
Sweden 1.108 1,108,000
Syria 72 72.000
Thailand 139 139.000
Turkey 476 476.000
South Africa 1.108 1,108,000
United Kingdom 14.400 14,400,000
United States 35.168 35,168,000
Uruguay 116 116.000
Venezuela 116 116.000
Yugoslavia 443 443.000
------- -------------
A TOTAL of 100.000 $ 100,000,000
The AGREEMENT
about the International Association for the development of
The Government, on whose behalf the agreement signed, recognising
that mutual cooperation a constructive economic objectives, pursuing a healthy
the development of the world economy and steady growth in international trade
favorably affects international relations that contribute to maintaining the peace
and well-being in the world;
that the acceleration of economic development, which would contribute to an increase in
standard of living and to economic and social progress in the less developed
countries, it is desirable not only for the country itself, but is in the interest of the whole
the international community;
the achievement of these objectives would facilitate increased international flow of capital, and
both public and private, which would assist the development of resources in the
less developed countries;
have agreed as follows:
Introductory article
Establishes the International Development Association (the "Association"), and
It will work according to the following provisions:
Article. I,
The objectives of the
The aim of the Association is to promote economic development, increase productivity and thus
elevate the standard of living in the less developed areas of the world territorially
covered by the Member States of the Association, in particular by providing finance to the
cover the requirements for the development, under conditions which are more flexible and have a
less impact on the balance of payments than conventional loans, and thus support the
development objectives of the International Bank for reconstruction and development (hereinafter referred to as "the Bank")
and will complement its activities.
The Association will be governed in all their decisions, the provisions of this
article.
Article II,
Membership; the original deposits
Part 1:
Membership
(a) the original members of the Association are members of the Banks referred to in the list, and,
who, no later than the date referred to in article XI, section 2 (c) shall adopt the
membership in the Association.
(b) membership is also open to other members of the Bank within the time limits and under the
the conditions to be determined by the Association.
Part 2:
The original deposits
(a) upon receipt of membership, each Member shall subscribe for money which he will
prescribed. These amounts are in addition to this agreement as the original
deposit.
(b) the original deposit provided for in respect of each Member is listed next to the
the names in the list, and in US dollars, and in the value you had US dollar to
on 1 January 2007. January 1960.
(c) ten per cent of your initial deposit of each Member shall be paid in gold or
a freely convertible currency as follows: fifty percent within 30 days from the date of
the beginning of the work of the Association in accordance with article XI, section 4, or in the day when the
original member becomes a member of, whichever of the following occurs
later; twelve and a half percent a year after the start of operations of the Association; and
twelve and a half percent each subsequent year at yearly intervals to
until the 10-percent piece of the original deposit shall pay.
(d) the remaining ninety percent of your initial deposit of each original
the Member is payable in gold or convertible currency in the case of members of the
listed in part I of the list, and; in the case of the members referred to in part II of
the list and shall be paid in the national currency of the Member. These 90 per cent of the original
deposits of the original members is due in five equal annual installments
as follows: the first installment within 30 days from the date on which the Association will launch its
the operations referred to in article IX, section 4, or in the day when original member becomes
Member, depending on which of these options, whichever is later; the second
installment of the year after the start of operations of the Association and further instalments each
the following year at yearly intervals until the following 90
percent of the initial deposit is completely repaid.
(e) the location of any part of the payment of any member in its national
currency that is repaid or repayable by a member of the previous point
(d) or under part 2 of article IV, but the Association does not need to
its activities, the Association notes or similar bonds issued by the Government of the
Member States or the depository institutions, which this member country shall designate;
such bonds are non-transferable and will be interest-free and on-demand
payable in the parity value on behalf of the Association for the specified deposit
of the institution.
(f) for the purposes of this agreement, the Association considers as "freely convertible currency":
(i) the currency of a member of the Association in consultation with the International Monetary
the Fund considers sufficient convertible currency on the other members for the purpose of
the activities of the Association; or
(ii) the currency of the Member for which this member agrees under conditions complying with the
Associations with other members in Exchange for the currency for the purposes of the activities of the Association.
(g) if the Association agrees otherwise, each Member referred to in part I
the list and retains in relation to its currency, which used it as a loose
convertible currency for payment in accordance with point (d) of this section, the same
convertibility, which existed at the time of payment.
(h) the conditions under which they may be subscribed for by other members of the original deposits,
who are the original members and the conditions of repayment of these amounts:
deposits determine the Association referred to in section 1 (b) of this article.
Part 3:
Limitation of liability
It is not apparent from the title membership for any member responsible for the obligations
Of the Association.
Article. (III),
Additional resources
Part 1:
Additional deposits
(a) at the time, which itself considers appropriate taking into account the timetable
payments to the original deposit the original members, and at intervals of approximately five
years, the Association will review the adequacy of its resources and, if considered
considers it necessary, ask for an overall increase in deposits. Regardless of the previous can be
at any time, to approve an increase in either all deposits or deposits,
While an individual is considering to increase the deposit only if requested
of them, the competent Member. Deposits referred to in this section shall continue to be treated as
for additional deposits.
(b) in accordance with the provisions of point (c) of this article, in case of approval of the
additional deposits will be the size of these deposits and the relevant terms and
determine the conditions in accordance with the decision of the Association.
(c) when the approval of other deposits, each Member will have the option to
under the conditions that the Association deems it appropriate, to subscribe to the amount that he shall continue to
guarantee its proportion of votes, but no Member will not have
the obligation to subscribe to additional deposit.
(d) all decisions under this part shall be subject to the approval of the
a two-thirds majority of all the votes.
Part 2:
Additional resources provided by a member in the currency of another Member
(a) the Association may, under conditions which are in accordance with the provisions of this
The agreement, to enter in the arrangement, according to which any Member may, from
out of the amounts that the Member must pay in respect of their original or
an additional deposit, receive an additional resource in the currency of any other Member; Association
However, do not agree to such an arrangement, if it is not convinced that
a member whose currency is concerned, agree to use its currency as a
additional resources and with the conditions of such use. The arrangement under
which such resources be adopted, shall include provisions concerning the
the management of revenues from resources and management of resources in the case themselves,
that Member, which is provided, ceases to be a member of, or in the case
that the Association will stop its activities.
(b) the Association shall issue contributing to the Special member development certificate
in which the amount and currency of the lists of resources which the Member has contributed, and further
the terms and conditions of the arrangement concerning these resources. Special
development certificate shall not entitle to vote and can be transferred only on the
Of the Association.
(c) in accordance with this section, nothing prevents the Association receive resources from the Member in
its own currency under conditions which shall be agreed.
Article IV,
Currency
Part 1:
Use of currencies
(a) the currency of any Member referred to in part I of the list, and, whether
convertible or not, the Association received under article II, section
2 (d), such as installment to reimburse 90% share of the deposit, which is payable in
the currency of a member of the Association may apply to its administrative expenditure in the territory
This member, and further, if it corresponds to a sensible monetary policy, on
payments for goods and services produced or provided in such territory,
which may be required for projects funded by the Association and conducted by
on this territory; Moreover, in those cases and to the extent to which
correspond to the economic and financial situation of the Member concerned, on the basis
the agreement between the Member and the Association, the currency freely exchanged or otherwise
use for projects financed by the Association and carried out outside the territory of the
Member.
(b) the use of the currencies, which the Association receives as payment other than deposits
the original deposits are original members, and currencies of them subsequently
obtained as the principal, interest or other charges shall be governed by
terms and conditions under which such deposits were approved.
(c) the use of the currencies, which the Association receives as additional resources other than
deposits and currency of them subsequently received in the form of principal, interest
or from other charges, shall be governed according to the terms of the arrangement, the
the basis of the currency are obtained.
(d) all other currencies, which the Association receives, the Association may freely
use and Exchange without any limitation on the part of the Member whose currency
uses or exchanges; This, however, provided that the said provision
The Association does not preclude a contract with a member, in whose territory is situated the project
funded by the Association, any arrangement which will restrict Associations
in the use of the currency of the Member concerned, which the Association has received in the form of
the principal, interest or other charges in connection with the financing of
such a project.
(e) the Association shall take the appropriate steps to ensure that the appropriate
time intervals of the relevant parts of the deposit paid under article II,
Part 2 (d) of the members referred to in part I of the list, and use about
the basis of the proportional calculation (pro rata), provided, however, that those parts
deposits that are paid in gold or in currencies other than paying
a member may be used before.
Part 2:
Maintaining the value of currency
(a) whenever any member of the parity of the currency value to be reduced, or there
in the opinion of the Association to a notable decline in the exchange rate of the currency of a
Member, on its territory, a member of the Association shall pay within a reasonable time for more money
in its own currency, sufficient to maintain value, already
at the time of the subscription deposit had which Member has paid in his currency, pursuant to
Article II, section 2 (d), and the value of the currency granted under the provisions of the
of this paragraph, whether the currency is or is not in possession of it in the form of subscriptions
adopted pursuant to article II, section 2 (e), provided that the above
This provision will be effective only as long as and to the extent, if
This currency was not already spent or exchanged for the currency of another Member.
(b) whenever a parity value of the currency will increase the Member, or in the opinion of
The Association of the exchange rate of the currency of the Member in its territory significantly increase Association
Returns the Member in reasonable time of such amount in the currency that is
equal to the increase in the value of the amount in that currency, for which the provisions of the
paragraph (a) of this section.
(c) the provisions of the preceding paragraphs may not be taken into account in the Association
If the International Monetary Fund will perform relative changes in the parity
the value of the currencies of all the members of the Association.
(d) the amounts granted under the provisions of paragraph (a) of this section on the
maintaining the value of any currency are convertible and usable in
same extent as this currency.
Article. In
Operation
Part 1:
The use of resources and funding conditions
(a) the Association shall provide the finance to support the development in the less developed
parts of the world, which fall within the framework of territorial differentiation of the Association.
(b) the funding provided by the Board to serve such purposes,
that the Association considers it a priority conflicts due to the needs of the
the area or areas, and to the cases where exceptional
circumstances, is intended for specific projects.
(c) the Association does not provide funding when, in his opinion, such
possible funding from private sources, under the conditions that are
a reasonable recipient, or if it could be provided in the form of
loans of this type, which provides the Bank. ^ *)
(d) the Association does not provide financing if the have from the competent
the Committee's recommendations, prepared after a thorough study of the benefits of the proposal.
Each such Committee shall be appointed by the Association and will include a person already
shall appoint one or more members of the Board, a person will be
represent the Member or members of the Association, on whose territory the
the project is situated, and such a Committee will include one or more
the members of the technical staff of the Association. The requirement that the Committee was a member of the
appointed by the Member or members of the Management Board, shall not be subject to the
the cases, when it comes to funding provided for public international
or regional organisation.
(e) the Association does not finance any project if a member, in whose
the territory of the project is situated, has objected to such funding, it will not
However, the need to ensure that the Association by members of the opposition
in those cases, when it comes to financing for public international or
regional organization.
(f) the Association does not insist that the proceeds from this financing was
used on the territory of any member or members. However, this does not mean that
The Association does not take into account the restrictions on the use of funds,
If these restrictions in accordance with the provisions of this agreement, including
restrictions relating to the additional resources that may be listed in
agreement between the community and the depositor.
(g) the Association shall take steps to ensure the use of the proceeds of this
financing only on the purposes for which the funding has been granted; will
take into account efficiency, effectiveness and competitiveness in the
international trade and does not take into account the political and other
non-financial influences or considerations.
(h) the funds provided for financial transactions shall be made available to the recipient only
the expenses associated with the project, as actually arise.
Part 2:
The form and conditions of financing
(a) the financing provided by the Association takes the form of loans. However, the Association
may also provide other financing either
(i) from the funds invested pursuant to article III, section 1, and funds from them
arising in the form of principal, interest or other charges, in the event that
the approval of these deposits such funding expressly States; or
(ii) in special circumstances, of the additional resources provided
Associations and from the funds collected from them as the principal, interest or other
charges in the case that in the approval of these deposits, such
financing specifically States.
(b) in accordance with the preceding paragraph may provide financing in Association
such forms and on such terms and conditions as it considers appropriate,
taking into account the economic situation and the prospects of the area or
areas to be concerned, and the nature and requirements of the project.
(c) the Association may provide funding to the Government of the territory of a member, that
covered by the membership in the Association, their administrative units, private
or public organization or institution in the territory of a member, or members, or
public international or regional organization.
(d) in the case of loans provided by other institution than to the members of the Association may
The Association request from their opinions in an appropriate governmental or other warranty
or guarantees.
(e) the Association may, in specific cases, to provide foreign currency for
local expenses.
Part 3:
Modification of terms and conditions of financing
In those cases and to the extent to which, in itself, it is considered appropriate to
taking into account all the circumstances, including the economic and financial situation and the
the prospects of the Member concerned and on such conditions as it may determine, in itself
The Association agree to release or another by modifying the conditions under which
the funding provided.
Part 4:
Cooperation with other international organisations and to members providing
development assistance
The Association will cooperate with those of international organisations and members
who provide financial and technical assistance to less developed areas
of the world.
Part 5:
Various operations
Beyond the operations referred to elsewhere in this agreement, the Association may:
(i) borrow funds with the consent of the Member, in the currency of the loan
take place;
(ii) guarantee the bonds, into which it has invested, in order to facilitate their
sale;
(iii) buy and sell bonds, issued by, or guaranteed,
or in which it has invested;
(iv) in special cases, to guarantee loans from other sources to the purposes
that do not conflict with the provisions of this agreement;
(v) to provide technical assistance and advisory services at the request of the Member; and
(vi) exercise such other powers as are necessary or desirable for
to carry out its objectives.
Part 6:
The ban on political activities
The Group and its officials will not intervene in the political
the Affairs of any Member; their decisions may not be affected by the
the political orientation of the Member concerned or of the members. Only economic
considerations can be taken into consideration in their decision making and these considerations shall be
impartial and serve only the achievement of the objectives referred to in this agreement.
Čl.VI
Organization and management
Part 1:
The Structure Of The Association
The Association will have a Management Board, the Executive Director, the President and other
officers and staff that will be needed to perform the tasks that
The Association shall designate.
Part 2:
The Management Board
(a) all the powers of the Association shall be exercised by the Board.
(b) each ordinary and alternate member of the Board of the Bank appointed by the
the Bank, which is also a member of the Association will be ex officio ordinary,
or alternate member of the Board of Directors of the Association. No replacement member
The Administrative Council shall not vote, shall vote only in the absence of the
Member of the Board. Chairman of the Board of the Bank will be ex officio
Chairman of the Board of Directors of the Association, except when the President of the
The Management Board of the Bank will be represented by a State which is not a member of the Association; in
that case, the Board will select one member of the Board of Directors as a
the Chairman of the Board of Directors. Any proper or a replacement Board Member
its function terminates if the Member who named him, ceases to be
a member of the Association.
(c) the Administrative Council may pass on their powers of Executive Directors with the
the exception of the powers:
(i) admit new members and determine the conditions for their adoption;
(ii) to approve the additional deposits and to determine their terms and conditions;
(iii) exclude the Member;
(iv) to decide on the appeal regarding the interpretation of this agreement, as
interpret the Executive Directors;
(v) take steps pursuant to section 7 of this article, in the interests of cooperation with
other international organisations (excluding temporary and informal understandings
of an administrative nature);
(vi) decide on the permanent cessation of the operations of the Association, and the distribution of assets;
(vii) to decide on the distribution of the net income of the Association in accordance with section 12
of this article; and
(viii) approve submitted amendments to this agreement.
(d) the Administrative Council holds an annual meeting and other meetings, that alone may
prepare, or which convenes Executive Directors.
(e) the annual meetings of the Administrative Council will be held together with the annual meeting of the administrative
the Council of the Bank.
(f) Any meeting of the Board will be a quorum, if
a majority of Board members representing not less than two
a third of all votes.
(g) the Association may establish a procedure under which the Executive Directors
they may receive the vote of members of the Management Board concerning specific issues,
without convened Board meeting.
(h) the Administrative Council and Executive Directors may, in the approved range
to adopt such rules and provisions that may be necessary and appropriate
for the work of the Association.
(i) the regular and alternate members of the Administrative Board shall exercise its authority without
compensation from the Association.
Part 3:
Vote
(a) Every original member according to their original deposit will have 500 votes
plus one additional vote for every $ 5000 of your original deposit. Other
deposits than the original deposits original members will represent such
voting rights as by the Executive Board in accordance with the provisions of article II,
Part 1 (b) and article III, section 1 (b) and (c). Other sources not
than the deposits in accordance with article II, section 1 (b) and before the additional deposits in accordance with
Article III, section 1, will not be holders of voting rights.
(b) unless in specific cases, otherwise, decisions on all
matters of the Association a majority of the votes cast.
Part 4:
Executive Directors
(a) Executive Directors are responsible for the implementation of the General operations
Associations and to this end, shall exercise all the powers determined by the
This agreement, or the power that you give the Administrative Board.
(b) the Executive Director of the Association will be ex officio every Executive Director
The Bank, which was (i) appointed a member of the Bank, who is also a member of the
The Association, or (ii) was elected in the elections, in which his
the counting of votes, the election of at least one member of the Bank, which is at the same time
a member of the Association. Substitute member of each Bank's Executive Director will be ex
officio alternate Director of the Association. Each director ceases to carry
his Office, if the Member who named him, or all members,
whose voices are counting in favor of his election, shall cease to be
members of the Association.
(c) each Director, who is appointed by the Chief Executive Officer of the Bank, has
the right to the number of votes it has in the Association Member that appointed him.
Each Director, who is elected by the Executive Director of the Bank, has the right to
so many votes, how many has in the Association the right to the Member or members of the Association,
whose voices are counting for his election in the Bank. All the voices,
that the Director is, you must use the vote as a whole.
(d) Alternate Director shall have in the absence of the Director, who
appointed, full powers for the performance of the duties of the Director. When it is
the Director is present, you may substitute participate in meetings but will not be
vote.
(e) Any meeting of the Executive Directors is quorate, if
a majority of the directors, who represent no less than one half of the
votes.
(f) the Executive Directors shall meet as often as it requires the running of
Of the Association.
(g) the Governing Board shall adopt provisions in accordance with which the Member of the Association,
that does not have the right to appoint the Executive Director of the Bank, may send their
representative to any meeting of the Executive Directors of the Association,
discuss the request made by that Member or matter that is
It is particularly touching.
Part 5:
The President and the device
(a) the President of the Bank is ex officio the President of the Association. The President of the
chaired by the Executive Directors of associations, but will have a chance to vote;
votes only in the case where the vote is indecisive. You may
participate in the meetings of the Board but does not vote at these meetings.
(b) the President is the head of the Executive apparatus of the Association. Under the leadership of
Executive Directors ensures the day-to-day operational activities of the Association and under the
their control is responsible for the Organization and for the appointment and removal of
officials and staff. If possible, are appointed by the
officials and staff of the Bank at the same time officials and staff
Of the Association.
(c) President, officials and staff of the Association are obliged by the
only associations and any other authorities. Each Member of the Association will honor
the international nature of the services and shall refrain from all attempts to influence
These officers and staff in the performance of their services.
(d) in the appointment of officials and staff of the President with regard to the
the paramount importance of ensuring the maximum level of performance and technical
eligibility of care to obtain staff from the widest possible geographical
the base.
Part 6:
Relationship to the Bank
(a) the Association is a separate entity separate and distinct from the banks and funds
The Association will be conducted separately from the funds of the Bank separately. The Association's
will not loan from a bank or a bank loan, which does not preclude the
The Association has invested funds, which does not need for your financial operation
as the bonds of the Bank.
(b) the Association may enter into arrangements with the Bank, in terms of equipment,
Furthermore, staff and services and payment of administrative expenses, which in the first
series one organization paid for the benefit of the other.
(c) under this agreement is not an Association of zodpovědno for the acts or obligations of the
The Bank, or the Bank is not accountable for the acts or obligations of the Association.
Part 7:
Relationship with other international organisations
The Association shall close the official agreement with the United Nations and may establish
such contacts also with other international organisations,
specialization in related fields.
Part 8:
The Office of the
The main Office of the Association will be the main Office of the Bank. The Association may
open additional offices on the territory of any member.
Part 9:
Deposit locations
Each Member shall designate its Central Bank as depository in which
The Association may deposit funds in the currency of the Member concerned or other assets
Association or, if he is not a member of the Central Bank, shall designate for this purpose
such an institution which is acceptable for the Association. If not specified
other depository, the depository Bank also deposit place
for the Association.
Part 10:
Communication channel
Each Member shall designate an appropriate authority to which the Association may communicate
in any matter that may arise in connection with this
the Treaty. Unless otherwise specified, if a communication channel will be designed for
The Bank also serve as communication channel for the Association.
Part 11:
The issue of reports and provision of information
(a) the Association publishes an annual report that contains the account balance, and
circulate to members in appropriate intervals a summary statement about the financial
the situation and the results of its operations.
(b) the Association may issue additional messages that it deems appropriate for the
their purposes.
(c) copies of all reports, statements and publications referred to in this section shall be circulated to
to all members.
Part 12:
The management of net income
The Administrative Council shall decide from time to time about how to deal with the net income
Of the Association and will take into account the reserve and contingency.
Article. (VII)
Performance, suspension, cessation of operations
Part 1:
Performances by members of the
Any Member may at any time withdraw from the Association by giving notice of
the Association shall transmit in writing speeches in his main office.
Withdrawal shall be effective on the day on which such notice was taken.
Part 2:
Suspension of membership
(a) if the Member fails to comply with their obligations to the Association, the Association of
suspend the Member's membership by a majority vote of the Board, representing the
majority of all the votes. A member with such a suspended membership
automatically ceases to be a member of a year from the day when his membership was
suspended, unless by the same majority decide to restore his Member
membership.
(b) when the Member has suspended membership shall not be entitled to exercise the rights
under this agreement, excluding the right of withdrawal, but must meet the
all obligations.
Part 3:
Suspension or termination of membership in the Bank
Any Member who is suspended or ceases to be a member of the membership
The Bank has suspended the membership of, or ceases to be a member of the
Of the Association.
Part 4:
The rights and obligations of the members of the Management Board, who shall cease to be members of the
(a) when the Government ceases to be a member of, will not have any rights under this
The agreement except those that are listed in this section and in article X (c), but
will remain, if not otherwise stated in this section, responsible for all
financial obligations towards the Association podjala, whether as a member,
borrower, guarantor or otherwise.
(b) if the Government ceases to be a member of, performs, the Government and associations
the expense report. As part of this Bill can associations and the Government
agree on the amount the Government pays on the basis of its deposit and the
time and currency of the payment. The term "deposit", used in relation to
any member Government, it will be for the purpose of this article contain both
the original deposit and any additional deposits of Member Governments.
(c) in the absence of such an agreement within six months from the date when the Government
ceased to be a member of, or on the day on which the associations and the Government agree,
the following provisions will apply:
(i) Government will be exempt from further responsibility in relation to the Association on
the basis of their deposits, except for the fact that the Government must pay to the Association the amount
that are due and have not been paid on the day when the Government ceased to be
a member of, and which, in the opinion of the Association are required to meet Association
to date their commitments in relation to their financial transactions.
(ii) the Association returns to the Government funds paid by the Government on the basis of deposits or
funds obtained as compensation from them principals, which funds are in
the possession of the Association on the day when the Government would cease to be a member of, but with the exception of
funds to the extent in which the Association considers these funds necessary to
to meet its commitments on the relevant date in relation to their financial
operations.
(iii) the Association shall pay to the Government fairly calculated market share of all payments
principals, received after the date when the Government ceased to be a member of,
When the amortization of loan made before that date, except for those that have been
provided from the resources, which it received on the basis of the association agreement with
Special winding-up rights. This percentage will be added to the total
the principal of these loans in such a proportion as the total amount of
paid by the Government in the form of a deposit, which it has not been returned by
the above point (ii), to the total amount paid by all members of the
the basis of their deposits, which have been used or are in the opinion of
The Association needed to cover its commitments in the framework of its financial
operations on the date when the Government ceases to be a member. These payments will perform
Association in installments and in those terms, how are Associations
These loans repaid, but not more frequently than once a year. These
payments are to be paid in the currency of the Association receives, except that the Association
may at its discretion pay the installment in the currency of the Governments that it
refers to.
(iv) amount that belongs to the Government on the basis of its deposits, it is possible to
delay if the Government. Government authority of the territory falling within the framework of the
membership, or any of their administrative unit or institution has to
The Association continues to commitments as a borrower or guarantor and if withheld
amount may, in the opinion of the Association be used for the fulfillment of the mentioned
obligations, when the term of such transactions.
(v) in no case does not receive a Government pursuant to this paragraph (c) of the amount,
that overall, the smaller of the two exceeds the following: (a) the amount of the
paid by the Government in the form of deposits, or (b) the amount that is net
the assets of the Association reporting in the books of the Association on the day
the Government has ceased to be a member of, in such proportion as the deposit of the
Government towards the total amount of deposits of all members.
(vi) any listed here calculations are performed on a basis which
reasonably determined by the Association.
(d) in no case shall the amount payable to the Government under this part
not be paid earlier than six months after the date when the Government ceases to be
a member of the. If, within six months after the date when the Government ceases to be a member of the
The Association will suspend its operations under part 5 of this article, the
all such rights of Government under the provisions of section 5 and that such a Government
will be considered a member of the Association for the purpose of section 5, except that it will be
have the right to vote.
Part 5:
Stop the operations and settlement of liabilities
(a) the Association may permanently stop its operations when, for this
stop the majority of the members of the Management Board vote in having a majority of all
votes. After the cessation of the operations of the Association continue to stop all activity,
up to here, which is necessary for the proper implementation, conservation and preservation
of its assets and the settlement of its liabilities. In the final settlement of the
the commitment and the distribution of assets of the Association still exists and all the common
the rights and obligations of the Association and its members in accordance with this agreement, shall remain
unaffected, except that any member cannot suspend membership, no
the Member cannot get out and amongst the members must not divide anything other than
mentioned in this section.
(b) among the members of nothing divided based on their deposits to the
the time equal to all amounts owed to creditors, or is this
the settlement ensured and the Administrative Council of the vote than the majority of its members
representing a majority of votes decides about this Division.
(c) based on the foregoing and on the basis of any special
arrangements for the management of additional resources agreed in
connection with the provision of these resources, an Association of Associations, their
assets among members of the proportional propočtem (pro rata) in proportion to the amounts they
paid on the basis of deposits. Any distribution referred to in the previous
the provisions in this paragraph (c) in the case of any Member will be able to
be done only after settlement of all outstanding claims, which
The Association has against the Member. The allocation shall be made in such time and in
such currency, either in cash or other assets, what Associations
considers it appropriate and acceptable. The division between the members
may not be the same as the kind of divided assets or currency.
(d) any Member who receives the assets of the Association being divided according to
This section or section 4, will have the same rights in relation to these
assets, as should the Association before the split.
Article. VIII,
The status, immunities and privileges
Part 1:
The objectives of article
That associations may perform the function that has been entrusted to him, he will be on the
the territory of each Member under this article an independent jurisdiction Statute,
immunity and privileges.
Part 2:
Statute Of The Association
The Association will have the status of legal persons and in particular, will be equipped with
permission:
(i) enter into contracts;
(ii) to acquire and dispose of chattel and real estate;
(iii) to initiate legal proceedings.
Part 3:
The position of the Association in relation to a judicial proceeding
It is possible to sue the Association only in the Court with appropriate competence on the
the territory of the Member, on which the Association Office, or where you want your
an agent, or where the securities issued, or for such papers
guarantee. The action, however, may not bring members or persons acting in
the acquisition of the claims from members. The property and assets of the Association, whether they are
in the possession of anyone, anywhere, will be immune to all forms of attachment,
convert or execution before taking a final judgment against
Of the Association.
Part 4:
Immunity of assets against seizure
The property and assets of the Association, wherever they are, and in the possession of anyone will be
immune to investigation, enforcement, confiscation, expropriation or
any other type of seizure or legislative exekutivním
the procedure.
Part 5:
Immunity of archives
The archives of the Association shall be inviolable.
Part 6:
Assets are not subject to the restrictions
To the extent that this is necessary for carrying out the operations under this agreement and
operations subject to the provisions of this Agreement, are all assets and
the assets of the Association shall be exempt from restrictions, regulations, controls and moratoria
of any kind.
Part 7:
The privilege of communications
To the official communications media Association, each Member will behave
as well as to the official communications of other members of the media.
Part 8:
Immunities and privileges of officers and employees
All members of the Management Board, the members of the Council, replacement officials and
Employees Association
(i) are immune to legal proceedings in respect of acts performed in
their official capacity, except when the Association cancels this
immunity;
(ii) if they are not local nationalities have the same immunity from immigration
the restrictions, aliens registration requirements and military service, and provide
are they the same options on foreign exchange restrictions, what
provided by members to the representatives, officials and employees of a similar
the position of the other members;
(iii) shall also be given the same treatment when traveling, what members
provide representatives, officials and employees of a similar position
other members.
Part 9:
Immunity against taxes
(a) the Association, its assets, property, revenue and operations and transactions,
authorized by this agreement, they are immune to all kinds of taxes and customs duties.
The Association is also immune from obligations in connection with collecting and
the payment of taxes or customs duties.
(b) in respect of salaries and emoluments paid by the Association
the Executive Directors, agents, officers or employees of the Association,
who are local citizens, nor are they local or State of nationality
jurisdiction, no tax is charged.
(c) of the bonds or securities issued by Associations (including dividends
or interest thereon), whether they are in the possession of anyone, no tax, shall
(i) that would discriminate against such bonds or securities only from
because they were released by the Association, or
(ii) when the only legal basis for such taxation is the place or currency
in which they are released, they have to pay, or is paid, or the location in
is some Office or sales office,
maintains.
(d) of the bonds or securities for which is guaranteed by the Association (including
dividends and interest on them), whether they are in the possession of anyone, with no
no tax,
(i) that would discriminate against such bonds or securities only from
because they are guaranteed by the Association or
(ii) when the only legal basis for such taxation is the place where the
located some Office or sales office,
maintains.
Part 10:
The application of article
Each Member shall take such steps that are required in its territory for
to in the sense of its own legislation, members have been the policy of this
Article put into practice, and shall report to the Association information about detailed
the steps which it has taken.
Article. (IX),
Amending suggestions
(a) any proposal for modification of this agreement, whether it comes from a member, a member of the
of the management board or the Executive Director, shall pass to the Chairman of the Board
the Council, which shall submit to the Council a proposal. If the Council approves the change, the
Association circular or telegram query for all members, whether they accept
the present amending proposal. If three-fifths of all the members of the
four fifths of the total votes they adopt the proposal, the Association will confirm this
the fact the official communications addressed to all members.
(b) Notwithstanding the above, the provisions of (a) assent is required
all members, in the case of modification of the
(i) the right to withdraw from the Association in accordance with article VII, section 1;
(ii) the rights guaranteed in article III, section 1 (c);
(iii) limitation of liability referred to in article II, section 3.
(c) amendments shall take effect for all members, three months after
official communication, unless in a circular or telegram shall be
a shorter time limit.
Article. X,
Interpretation and arbitration
(a) any question at issue in the context of the interpretation of the
the provisions of this Agreement appears between any member and the Association or
between any members of the Association, shall be submitted for decision by the Executive
the directors. If the question at issue concerns the main contribution of a member of the Association,
that does not have the right to appoint the Executive Director of the Bank, has such a Member
the right to representation in accordance with article VI, section 4 (g).
(b) in any case where the Executive Directors decided pursuant
the previous provisions (a), any Member may request that the question
has been forwarded to the Board, whose decision will be final. Until such time as
The Administrative Board shall decide, the Association, if it deems necessary,
to act on the basis of the decision of the Executive Directors.
(c) When there is a dispute between an association and a country that has ceased to be
a member of, or an association and a member of the permanent cessation of activity during the
The Association, the Arbitration Tribunal the dispute from skládajícímu
the three arbitrators, of whom one is appointed by the Board, the other countries which are
It refers to, and the third judge, who is a member, unless otherwise agreed by the parties
otherwise, it will be appointed by the President of the International Court or authority that
is specified in the provisions adopted by the Association. The referee will have full
permissions decide on all matters of the procedure in all cases in
where the parties have not agreed.
Article. XI,
Final provisions
Part 1:
Entry into force of
This agreement shall enter into force upon signature on behalf of the Governments whose deposit
represents no less than sixty-five percent of the total deposits, according to
list A, and after the documents referred to in section 2 (a) of this article
have been saved in their name, but in no case shall not take this agreement
the validity of 15. September 1960.
Part 2:
The signature of the
(a) each Government, on whose behalf the agreement was signed, deposited with
Bank document indicating that adopted this agreement in accordance with its
laws and that it has taken all necessary steps to comply with all
obligations arising out of this agreement.
(b) any Government becomes a member of the Association on the date when it was saved by its
on behalf of the document referred to in the preceding paragraph (a), except that no
the Government does not become a member of before this agreement enters into force in accordance with
Part 1 of this article.
(c) this agreement can be signed before the end of the work day, 31. December 1960
at the main Office of the Bank on behalf of the Governments of the States referred to in the list and for
provided that this Agreement shall not take effect until that day, the Executive
the directors of the Bank may extend the period within which the agreement may be
sign, but no more than six months.
(d) after this agreement enters into force, will remain open for signatures
the Governments of any State whose membership has been approved in accordance with article II,
Part 1 (b).
Part 3:
Territorial application
The signing of this Agreement accepts the Government on its behalf, as well as in relation to the
all the teritoriím, which is the Government accountable in their
international relations except those which are excluded by this Government, which
be notified in writing of the Association.
Part 4:
Official start of the activities of the Association
(a) as soon as this agreement enters into force in accordance with section 1 of this article,
the President shall convene a meeting of the Executive Directors.
(b) the Association will launch an operation in the day when this meeting takes place.
(c) by the time of the first meeting of the Management Board have all the Executive Directors
the competence of the Board, except the one that is reserved only to the Management Board
pursuant to this agreement.
Part 5:
Registration
The Bank is authorized to register this agreement with the Secretariat of the United
in accordance with article 102 of the Charter of the peoples of the United Nations and in accordance with the laws of the
adopted by the General Assembly.
Given in Washington, in a single copy which shall remain deposited in the
the archives of the International Bank for reconstruction and development, which his signature
gave consent to be the depository of this agreement that does
Register this Agreement with the Secretariat of the United Nations and that it shall notify all
Governments, whose names are listed in the list, and the date on which this agreement
shall enter into force in accordance with article XI, section 1 of this agreement.
The agreement
The List And The
Table A-the original deposits (US $ million) *)
Part I
Norway France Australia 20.18 52.96 6.72
5.04 Sweden Austria Germany 52.96 10.09
Belgium Italy 22.70 18.16 South Africa 10.09
Canada Japan United Kingdom 37.83 33.59 131.14
Denmark 8.74 Luxembourg 1.01 United States 320.29
Netherlands-Finland 3.83 27.74-----
763.07
Part II
Afghanistan 1.01 Haiti 0.76 Panama 0.02
Argentina Honduras Paraguay 18.83 0.30 0.30
Iceland Bolivia Peru 1.77 1.06 0.10
Brazil India 18.83 40.35 Philippines 5.04
Burma 2.02 of 11.10 Indonesia Saudi Arabia 3.70
Ceylon 3.03 Iran 4.54 Spain 10.09
Chile 3.53 Iraq 0.76 Sudan 1.01
China 30.26 Israel 1.68 Thailand 3.03
Colombia 3.53 Jordan 0.30 Tunisia 1.51
Kostarica 0.20 Korea 1.26 Turkey 5.80
Cuba 4.71 Lebanon 0.45 United ar. Rep. 6.03
Dominik. Rep. 0.40 Libya 1.01 Uruguay 1.06
Ecuador 0.65 Malaya 2.52 Venezuela 7.06
El Salvador 0 Mexico 8.74 Viet Nam 1.51
Ethiopia 0.50 Morocco 3.53 Yugoslavia 4.04
Ghana 2.36 Nicaragua 0.30------
Greece 2.52 Pakistan 10.09 263.93
Guatemala Ireland 3.03-0.40------
A TOTAL of 1000.00
------------------------------------------------------------------
*) In US dollars in the value of the US dollar, which had at the date of
on 1 January 1960.
THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
THE AGREEMENT ESTABLISHING THE MULTILATERAL INVESTMENT GUARANTEE AGENCY AND
COMMENT TO THE AGREEMENT
The Governments presented
The Management Board
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
October 11, 1985
THE AGREEMENT ESTABLISHING THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
INTRODUCTION
The Contracting States
aware of the need to strengthen international cooperation in the field of economic
development and support, in particular, the proportion of foreign investment and private
foreign investment in this development,
Noting that the flow of foreign investment to developing countries
would be facilitated and supported by even more by reducing the concerns arising from the risks
the non-commercial nature,
eager to increase the flow of capital and technology for productive purposes to
developing countries conditions appropriate to the needs of their development,
objectives and policies and on the basis of fair and stable standards for
treatment of foreign investments,
convinced that the Multilateral Investment Guarantee Agency may
play an important role in the strengthening of foreign investment during the Tween
State and regional protection programmes and private investment
pojišťovateli non-commercial risks
Mindful that such an agency should as far as possible
perform their duties without having to use your disposable
capital, and that such an objective can be achieved through constant improvements
investment conditions, have agreed as follows:
Chapter 1
The establishment, status, purpose, and definition of Agency
Article 1
The establishment and the Statute of the Agency
(a) the agreement establishes a Multilateral Agency for investment
guarantees (hereinafter referred to as "the Agency").
(b) the Agency will act as a full-sized legal person and will be
in particular, the following powers:
(i) conclude contracts,
(ii) to acquire movable and immovable property and dispose of,
(iii) introduce legal negotiations.
Article 2
The objectives and purposes of the
The Agency will encourage the inflow of investments for production purposes in the
Member countries, and in particular to the developing member countries, thereby
complementary to the International Bank for reconstruction and development (hereinafter referred to as "the Bank"),
The International Finance Corporation and other international financial institutions
for development.
To this end, the Agency will:
(a) issue guarantees, including premium bonds, participation and against the risks
the non-commercial nature in countries where investments from other Member
countries,
(b) to carry out the relevant complementary activities to support inward investment
in the Member countries and the movement of investments between the Member countries,
(c) exercise such powers incidental to
the enforcement of that objective required or desirable.
In all its decisions, the Agency will be governed by the provisions of this
article.
Article 3
The definition of the
For the purposes of this agreement, the following definitions are introduced:
(a) "Member" means a State, due to which this agreement entered into
into force in accordance with article 61.
(b) the "host country" or "host Government" refers to a member of his
Government or public authority of the Member in whose territory in accordance with article 66
the investment is to be situated, to be secured or which guarantee
The Agency, or on which the collateral or guarantee will be considered by the Agency.
(c) "developing country" is a country that is, as such, be recorded in the
The material and the material may be supplemented from time to time by the Council
Administrators, which refers to article 30.
(d) "Special majority" refers to the approving vote of at least two
thirds of the total number of voters, who represent at least 55% of the subscribed
the capital of the Agency.
(e) "Freely usable currency" means (i) any currency you
in this way from time to time indicates the International Monetary Fund, (ii)
any freely available and effectively usable currency which can
Director's Council referred to in article 30, in consultation with the international
Monetary Fund and with the approval of the country where the currency is valid, to determine for
the purpose of the agreement is submitted.
Chapter 2
Membership and capital
Article 4
Membership
(a) membership in the Agency will be open to all members of the Bank and for the
Switzerland.
(b) Original members are the States referred to in the attached material and that
have become members of the agreement on 30 September. 10.87.
Article 5
Capital
(a) the share capital of the Agency will form a special 1 billion
sample units (SDR) (1,000,000,000). The share capital will be
divided into 100.000 shares with a par value of 10.000 SDRS, which will be
can members to purchase. All payment obligations of members due to the
equity capital will be settled on the basis of the average value of the SDR
expressed in u.s. dollars, for the period 1. 1.1981 to 30. 6.1985,
that is 1.082 USD = 1 SDR.
(b) the share capital shall be increased when admitting a new Member because
existing shares will no longer be sufficient to ensure that the new Member could in
accordance with article 6 of the share purchase.
(c) the Council may, by special administrators of most stock at any time
the Agency's capital increase.
Article 6
Purchase of shares
Each original Member Agencies will subscribe the capital at face value
the corresponding number of shares referred to in its name in the accompanying Material
And All other members of the purchases ... such a number of shares and on such
terms and conditions as determined by the Council, but in no case lower than
the nominal value. Each Member purchases at least 50 shares. The Council of administrators
may prescribe rules by which members will be able to buy another
stocks.
Article 7
The distribution of the share capital and the challenges to its payment of the
The initial contribution of each Member will be paid as follows:
(i) within 90 days from the date when the Member concerned for this agreement entered
into force, the Member shall pay 10% of the price of each share in cash by
paragraph (a) of article 8 and a further 10% in the form of non-transferable
Treasury bills and similar bonds, which will be collected on
the basis of the decision of the Executive Council in order to meet the obligations of the Agency.
(ii) the remaining amount will be subject to a call for payment by the Agency
in the case that this would need to pay its obligations.
Article 8
Payment for the purchased shares
(a) payment of the purchased shares will be freely usable
currencies, with the exception of payments the Member developing countries whose payment
can be paid their own currencies of up to 25% in cash
paid to the proportion of the value of the purchased shares pursuant to article 7 (a).
(b) call for payment of any part of the outstanding share value
the purchased shares will be the same for all of the shares.
(c) If the challenge will receive the sum of the Agency, which will not be sufficient to
payment obligations that may have caused a prompt call for as long as
the total amount will not be sufficient to cover its liabilities.
(d) the financial obligations due to the shares shall be limited to the remaining
part of their emission values.
Article 9
Representation of a currency value
If for the purposes of this agreement will be necessary to establish the value of one
currency by using the currency further, performs this determination, the Agency, in consultation
with the International Monetary Fund.
Article 10
Refunds
(a) the Agency returns in the shortest possible time to the Member States of the amount of
paid to the challenge under the following conditions and within the following range:
(i) call will result from the need to pay the obligation arising from
agreement providing a guarantee or security, and the Agency then gets
the repaid amount back, completely or partially, in a freely usable currency,
(ii) the failure to comply with the commitment was thrown the challenge payments of any Member, and
This member then its obligations fully, or partially, or
(iii) the Council of administrators through a special majority decides that
the financial position of the Agency allows such sums completely, or partially
return of the revenue of the Agency.
(b) any compensation under this article shall be paid in the Member
freely usable currency and the payment of the Member in relation to the total amount
paid to the calls made prior to performing the refund.
(c) the equivalent of the amounts paid as compensation pursuant to the provisions of this
the article will be part of the capital commitments due to the call by
Article 7 (ii) of that Member.
Chapter 3
Operation
Article 11
Covered risks
(a) having regard to the provisions of paragraphs (b) and (c) of this article may
The Agency shall provide guarantee investment, which chooses, against
losses arising out of the following risks, or a combination thereof:
(i) the transfer of currency
any limitation, whose implementation can be attributed to the host Government and the
based on the host country's currency conversion restrictions outside its
bounds on the currency freely usable, or currency acceptable to the guarantor,
including situations where, at the request of the guarantor for the transfer cannot host
Government to respond within a reasonable time.
(ii) the expropriation and similar measures
any legislative or administrative measures, where appropriate, cancellation of
the Bill, whose implementation can be attributed to the host Government and which is the guarantor
deprived of ownership, control, or a large part of the profit from the investment,
with the exception of generally applicable non-discriminatory measures,
Governments commonly adopted for the regulation of economic activities on
the territory of their States.
(iii) breach of contract
repudiation or breach of contract by the host Government owing to the
the guarantor when
(a) the guarantor shall not have recourse to the Court or arbitration forum to
Here set damages for repudiation or breach of contract,
(b) the decision of the Forum is not made within a reasonable time as set out in
guarantee contracts concluded according to the measures of the Agency,
(c) the judgment is not met.
(iv) War and unrest
any military action or unrest on any territory of the host
a country to which this agreement applies within the meaning of the provisions of article 66.
(b) the Director's Council may, in addition, a special majority to extend the coverage area
referred to in this article and on other specific non-commercial risks
not mentioned in paragraph (a), but in no case this coverage will not be
apply to the risk of devaluation or depreciation of the currency.
(c) Protection does not cover losses caused by the following reasons:
(i) any action or regulation by the host
the country, with which the guarantor has agreed, or for which he is responsible,
(ii) any measures, where appropriate, by the regulation
the host country, or any other event that occurred before the
the conclusion of the guarantee agreement.
Article 12
The investment covered by the agreement
(a) for investment, which is covered by the agreement include shares of stock,
including medium-or long-term loans that are closed
holder of shares in the company, or for which these owners is guaranteed, and
all other forms of direct investment, which provides for the Director's Council.
(b) Loans not included in paragraph (a) may be subject to protection,
(i) if they are provided in order to finance specific investments
or the project, which is another form of direct investment, without
regardless of whether the subject of the guarantee granted by the Agency,
and regardless of when such other investments made, or if the
otherwise, with such a specific investment or pojektem, or
(ii) if such coverage shall be approved by the Council of the Special Director's majority.
(c) the Director's Council may, by special majority to extend the
the scope to other medium-term and long-term forms of investment.
(d) the warranty will generally be limited to the investment, whose implementation starts
After the registration of the guarantee by the agency or the Agency
otherwise satisfactorily demonstrated the intention of the investor to obtain guarantees from the Agency.
These investments may include:
(i) any transfer of foreign currencies, whose aim is to modernise,
extension or development of existing investments, which may be the subject of protection
both the original investment and other investments;
(ii) the use of profits from existing investments that would otherwise be
transferred outside the host country;
(iii) the acquisition of existing investments to the new investor, at which the Agreement
applies;
(iv) existing investment, where the investor to whom the agreement applies,
intends to insure file of existing and new investments;
(v) existing investments held by the investor to whom the agreement
applies, if there are improvements or improving the default project
or if such an investor otherwise demonstrates mid-term or long-term
commitment to the implementation of the project and the Agency considers that the project has
continue to be a significant impact on the development in the host country; and
(vi) other investments, if any, approved by the Board of Director's special
majority.
(e) when signing investment guarantee Agency will check:
(i) whether the investment is economically well-founded and will contribute to the development of
the host country,
(ii) whether the investment corresponds to the regulations and laws of the host country,
(iii) whether the investment is in line with the stated development objectives and
the priorities of the host country,
(iv) the investment conditions in the host country, including legal protection and
fair and equal access to investment.
Article 13
Investors, which are covered by the agreement
(a) a guarantee of the Agency may obtain any legal person
or individual if:
(i) such individual is a citizen of a member, but not the host
country,
(ii) such legal person is entered in the register and has its main
point of application in the Member country, or a majority of the capital own membership
countries or Member States, or their citizens; in any of these
cases, however, may not be the host country,
(iii) such legal entity is operated on a commercial basis, without
regardless of whether it is in private ownership, or not.
(b) in the case that the investor is multinacionálního character, shall be deemed to
for the purposes of paragraph (a) as a legal person, the Member countries, and in the case that
falls partly within the non-member countries, and for the host country as well as in the case
When falls partly within the country shall be established.
(c) at the joint request of the investor and the host country can
Director's Council of the special majority to extend the scope of the individual,
who is a citizen of the host country, or to a legal person registered in the
the register of the host country, or whose most private state
nationals of the host country, if investment will be converted into
the host country from abroad.
Article 14
The host country, to which the agreement applies
Within the meaning of the provisions of this article and the sections will be liable only for the
investments in the territory of developing country members.
Article 15
The approval of the host country
The Agency will not conclude guarantee contracts before the host country
to authorize the issue of the guarantee agency, which will apply to the covered risks.
Article 16
Terms and conditions
Conditions of each guarantee contract set by the Agency. These conditions will be
be subject to all the provisions and regulations issued by an Executive Council, if the
The Agency will not cover the total loss of the investment, for which it is liable. Warranty
the Treaty will be approved under the leadership of the Executive Chairman of the Council.
Article 17
Payment of claims
Under the direction of the Executive Council, the President shall decide on the payment entitlements hold
guarantees, in accordance with the warranty agreement and the regulations adopted by the
An Executive Council. Prior to payment of the relevant amount by the Agency are
holders of the guarantee under the terms of the warranty agreement are obliged to seek
exercise your rights by such administrative steps that are for the
the circumstances are correct and that, in the conditions of the law of the host
the country immediately viable. The contract may stipulate a reasonable
the period between the event giving rise to the claim of payment and a custom
payment of the claim.
Article 18
Taking over the payment of the claim of the creditor's rights
(a) upon payment of the damages, or consent to pay for damages
the holder of the guarantee will take over the Agency all rights related to the
the investment, which was taken over by the guarantee and all related claims that
the holder of the guarantee in relation to the host country and other povinovaným
parties. The guarantee contract shall determine the conditions of such subrogation.
(b) all members will recognize the rights of the Agency arising from paragraph
(a).
(c) the amounts in the currency of the host country collected by the Agency in the framework of the takeover
the rights of the creditor under the provisions of paragraph (a) shall be in terms of use
and conversion on the part of the host country enjoy the same treatment as
If they were in the hands of the holder of the guarantee. In any case, these amounts
be used by the Agency to pay for administrative expenses and other
costs. The Agency will also seek to agree with the host
countries, other ways of using currencies which are not freely usable.
Article 19
Relationship to State and regional authorities
The Agency will cooperate and try to complement the activities of the State
authorities of the Member States and the regional authorities, for which the majority of the capital
own Member countries that are developing similar activities as the Agency.
The goal is to maximize the efficiency of the services of the Agency and of those authorities and
their contribution to the increased inflow of foreign investment. For this
the purpose of the Agency may enter into agreements with these authorities on the details of
This cooperation, in particular with regard to co-insurance and reinsurance.
Article 20
Ensuring national and regional authorities
(a) the Agency may, for a particular project to provide a hedge against
losses as a result of one or more of the risks of non-commercial nature, which will be
signed by the Member countries, or organizations, where appropriate, regional
Agency for investment guarantees, in which the majority of the capital own Member
of the country. The Council, acting by means of special majorities from time to time determine the maximum
the amount of any liabilities of the Agency may be due to the
reinsurance contracts to take over. For specific projects completed more
than 12 months before the Agency receives a request to ensure it will be
the maximum amount initially fixed at 10% of the total liabilities of the Agency in
the meaning of the provisions of this chapter. The scope of the conditions referred to in articles
11 and 14 will cover and hedging operations, with the exception that the
the realization of such investments may not occur until after the request for
collateral.
(b) the mutual rights and obligations of the Agency and secured by Member or
the Organization will be established in the relevant reinsurance contract and subject to the
the provisions and regulations issued by an Executive Council. Director's Council will
approve each reinsurance contract relating to investments
before the Agency receives the request. The aim of the approval
management is to reduce to a minimum the risks, to ensure that the Agency
set the premium proportional to the risks of the project and secured
the Organization was accordingly committed to supporting and promoting the
new investments in developing member countries.
(c) the Agency shall as far as possible seek to secured
Organization should seize such rights claims and arbitration, what would
the Agency should, in the event that the primary guarantor. Terms and conditions
ensure require prior to payment to ensure the Agency secured
the Organization sought to resolve the relevant problems of administrative
along the way, in accordance with article 17. Since the host country will be
subrogation of the creditor only if the host country
to approve the investment accounted for the Agency. In the reinsurance treaties
The Agency shall include a provision requesting the secured party with
the appropriate diligence has sought the rights and claims relating to the secured
investment.
Article 21
Cooperation with private pojišťovateli and suppliers of
(a) the Agency may establish relations with private pojišťovateli in
the Member countries with the aim of improving its own activities and to promote
such insurer to provide coverage of the risks of non-commercial
nature in the developing member countries in similar circumstances, such as
the Agency shall provide. Such agreements may include provisions on
ensuring of the Agency under the conditions and procedures referred to in Article
20.
(b) the Agency may order a partial or total collateral for any
the proper locking of the company of any guarantee or warranty of any kind, which
provides.
(c) the Agency will in particular seek to provide guarantees on investments
where the privacy of insurers and zajišťovatelé do not provide comparable
coverage under reasonable terms and conditions.
Article 22
Limits of warranty
(a) if the Council of administrators of special majority, decides otherwise, the total amount of
commitments that may, in the meaning of the provisions of this chapter, the Agency
take does not exceed 150% of the subscribed capital and the nezmenšeného reserve
plus a percentage of the protective cover, by the Director's Council.
Director's Council will from time to time revise the composition of the risks that
The Agency covers, in the light of the experience gained with the application of
claims of risk diversification, degree, locking cover and other
the relevant circumstances, to verify whether the changes should be recommended
This received a total amount of liabilities. The maximum amount provided for by the Council
administrators in no case exceed five times the amount of the neztenčeného
the subscribed capital of the Agency, its reserves and such a part of the hedging
the coverage, which will be considered as appropriate.
(b) Notwithstanding the overall guarantee limit specified in paragraph (a) may
Director's Council to determine:
(i) the maximum amount of the commitments on the basis of the provisions of this chapter
the Agency may take with respect to all investments in each individual
Member country. In determining these limits take into account the
Director's Council accordingly portion of relevant member countries on
the capital of the Agency and the need for investments in
developing member countries of the milder limits.
(ii) the maximum amount of the obligations that the Agency may take with regard to the
a specific project, the specific host country and the type of investments or
the risk.
Article 23
Investment support
(a) the Agency will carry out research and support activities
the influx of investments, as well as distribute information on investment
the options in the developing member countries, with the aim of improving the situation for
the inflow of foreign investment in these countries. The Agency may, at the request of
Member countries to provide technical advice and assistance in improving the
investment conditions in the territory of the respective member countries. In the implementation of
This activity, the Agency will:
(i) conducted by the relevant investment agreements between the Member States,
(ii) seek to remove barriers in both developed and developing countries,
that discourages investment in developing member countries,
(iii) to coordinate its activities with other organizations concerned
with the promotion of foreign investment, and in particular with the international financial
corporations.
(b) the Agency also will:
(i) to promote the amicable settlement of disputes between investors and host
countries,
(ii) strive for the conclusion of contracts with developing member countries and
particularly promising host countries, to ensure that
The Agency shall, with regard to investments for which provides a guarantee,
at the very least, the same conditions, as the most favored guarantee agency in
that country, or a State. These contracts, approve the Director's Council
through a special majority, the
(iii) promote and facilitate the conclusion of contracts between its Member
countries in matters relating to the promotion and protection of investments.
(c) in its activities, the Agency will pay special attention to the support
the increase in the movement of investments among developing member countries.
Article 24
Guarantees on investments with financial support
In addition to the guarantee operations carried out by the Agency in accordance with the provisions of this
Chapter, the Agency may also provide guarantees on investments
realized with the financial support, which is specified in Appendix I
of this agreement.
Chapter 4
Financial provisions
Article 25
Management of financial operations
The Agency will carry out its activities in accordance with sound, reasonable and
modest practices to comply with their financial obligations for the
any circumstances.
Article 26
Premiums and fees
The Agency shall establish and periodically revise the rates will be insurance premiums,
fees, or other payments for each type of risk.
Article 27
The distribution of net income
(a) Notwithstanding the provisions of paragraph (a) (iii) of article 10 the Agency
transfer the net income to reserves until such time as these reserves
they reach five times the subscribed capital of the Agency.
(b) after reaching the amount referred to in paragraph (a), the Council shall decide on the administrators
whether and to what extent the Agency's net income will be transferred to the reserve,
between the Member countries of the Agency doled out, or whether it will be loaded
in a different way. In the allocation of net income between Member States
will do proportionally according to the proportion of each member country, on the
the capital of the Agency and in accordance with the qualified majority of the Council administrators.
Article 28
The budget of the
The President will prepare each year a budget of income and the release of the Agency,
who will approve Director's Council.
Article 29
Accounting
The Agency will issue an annual report, which will contain the status of its
accounts and also accounts of the Foundation for financial support, which is referred to in
Appendix I, according to the results of the checks carried out by independent accountants
the controllers. The Agency will be in the corresponding intervals send out your
members of a consolidated report showing the financial position, profits and
losses and, therefore, the results of the Agency's activities.
Chapter 5
Organization and management
Article 30
Structure Of The Agency
The Agency will have a Board of administrators, an Executive Council, the President and staff,
who will fulfil the obligations laid down by the Agency.
Article 31
The Council of administrators
(a) all the powers of the Agency will be entrusted to the Council, with the exception of managers
cases that are expressly entrusted to it by this Convention to another body
Of the Agency. Board of managers may delegate its powers to an Executive Council
However, except in the following cases:
(i) the admission of new members and determine the conditions of their admission,
(ii) temporary exclusion of a member,
(iii) deciding on the increase or reduction of capital,
(iv) increase the limit of the total amount of the obligations referred to in paragraph (a) of article 22,
(v) the designation of the Member countries for development in accordance with paragraph (c)
Article 3,
(vi) the inclusion of a new Member to the voting of category 1 or 2 in accordance with
the provisions of paragraph (a) of article 39, or reclassification of existing Member
under the same provisions,
(vii) the fixing of refunds on the Director and their Vice Presidents,
(viii) disposal of the Agency and the termination of its activities,
(ix) the allocation of assets among the Member countries with disposal,
(x) modify and supplement this agreement, its amendments and materials.
(b) the advice of administrators will create one administrator and one representative for each
a member country that appoints them in such a manner as it deems appropriate.
The representative may vote only in the case that is not present in its parent.
The Council shall elect one of the administrators of administrators as Chairman.
(c) the Council of administrators will hold an annual meeting and any other meetings,
as it deems appropriate, or that an Executive will be convened by the Council.
Director's Council, the Council shall convene a meeting of administrators whenever this will require
5 members, or members representing 25% of the total number of votes.
Article 32
Director's Council
(a) the Director's Council will be responsible for the General action of the Agency and will be
apply, in carrying out this responsibility, any procedures required by
or permitted under this agreement.
(b) an Executive Board will consist of at least 12 directors. The Council of administrators may
the number of Directors modified to reflect changes to the Member
the base. Each Director may appoint a Deputy with full
powers, who will represent the Member in the absence or
inability to act. President of the Bank will be the title of their Office
the Chairman of the Executive Council, but will not have voting rights, with the exception of
in cases where his vote will determine when equality.
(c) the Board of administrators shall determine the length of term of Office of the directors. The First Advice
the directors shall establish a Board of administrators at its inaugural meeting.
(d) the Board of Directors shall meet at the call of the Chairman of the acting of the
own initiative or at the request of three Directors.
(e) up to the time when the Board of administrators or decides to have a permanent
An Executive Council on a full-time basis, will be directors and their deputy heads
receive compensation only for the costs associated with participation in meetings
The Executive Council, and the performance of other official functions for the benefit of
Of the Agency. After the establishment of a permanent Executive Board will be directors and their
Deputy receiving such income, which establishes the Council of administrators.
Article 33
The President and staff
(a) the President will be under the general supervision of the Executive Council to exercise
a common agenda for the Agency. Will be responsible for the Organization, appointment and
the dismissal of staff.
(b) the President shall be appointed by the Council in the appointment of an Executive
of the President. The Council provides administrators the President's salary and other conditions of
of the Treaty.
(c) in the performance of functions will be the President and the staff work exclusively for the
The Agency and any other institution. Each Member Agency will respect the
the international character of this duty and shall refrain from all attempts to
influence in carrying out their duties to the President and staff.
(d) when adopting President staff will see to it that
workers recruited on the broadest possible geographical basis, it is
of course, should be the first place to ask the highest effectiveness and technical
knowledge.
(e) the President and the staff will always maintain the confidentiality of
information which they obtain when working for the Agency.
Article 34
The ban on political activities
The Agency, its President, and the staff will not intervene in the political
the Affairs of any member country. The Agency has the right to consider all
factors relating to the investment, but its personnel when making
not affect the political nature of the participating countries. Considerations
relevant to their decision will be impartial and objective-oriented
formulated in article 2.
Article 35
Relations with international organisations
Under the conditions laid down in this Convention, the Agency
to cooperate with the United Nations and the other intergovernmental organizations with a defined
deliverables in related areas, in particular, the Bank and the International
financial corporations.
Article 36
The seat of the main office
(a) the headquarters of the Agency will be the Washington, D. C., unless the Council
by a special majority of registered office decides to place elsewhere.
(b) the Agency may establish other offices which will be needed for
its activities.
Article 37
The storage location of assets
Each Member of the marks, its Central Bank as a place where the Agency will
able to save in the currency of the Member country, or any of their
assets. If a bank does not, as such an institution, which
It will be acceptable to the Agency.
Article 38
Method of communication
(a) each Member of the marks, the competent authority that the Agency will be able to
communicate in matters related to this agreement. The Agency will
get a statement of such a body as if it were a statement
of the Member concerned. At the request of a member of the Agency with the prokonzultuje
the competent Member of the matters relating to articles 19 to 21, which
related institutions and for insurance undertakings of the Member concerned.
(b) if it is for any act of the Agency required prior consent
any member country, it is considered that the consent has been granted, if the
the country does not submit within a period laid down by the Agency.
Chapter 6
The vote, the sale of shares and representations
Article 39
The votes and shares
(a) to ensure the voting scheme that reflects the same interest
Agency for both categories of States referred to in the material and to this agreement, and
the financial participation of each Member State, each Member will have 177
Member of the votes plus one vote for each share, which has in its possession.
(b) if at any time during the three years from the time when this Convention enters
into force, the fact that the total sum of Member and stock votes
Members belonging to one of the two categories referred to in the material and
will be less than 40% of the total number of votes cast in both categories, Member
countries in this category will get as many additional votes to the total
the sum of votes in this category was given to the percentage of the total
the number of total votes. The additional votes will be allocated among the Member countries in the
the category split in the ratio of equity of votes of individual members to
total equity of votes in that category. These additional voices
will be subject to automatically increase or decrease so that
the percentage retained, and at the end of that three-year period
will be cancelled.
(c) in the third year from the time when this agreement enters into force,
the Council of administrators control over the distribution of shares and in its decision-making
It will be guided by the following principles:
(i) the votes of the Member countries will reflect the true value of their subscriptions
the capital of the Agency and the Member voices within the meaning of paragraph (a) of this
the article,
(ii) the shares allocated to countries that have not signed the agreement, they will be made to the
available for redistribution among the members, and in such a way that the
allow voting parity both these categories,
(iii) the Board of administrators shall adopt measures that will facilitate the purchase of member countries
allocated shares.
(d) during the three year period referred to in paragraph (b) of this article shall be
all decisions of the Council and the Executive Council accepted managers
by special majority. The exception is the decision which, according to
This agreement shall require a majority of the higher.
(e) in the event that the stock capital of the Agency shall, pursuant to paragraph (c)
Article 5, each Member who so requests, will be entitled to purchase
part of the market share, the share capital increased. This part will be proportional to the
the share of the respective Member of the total share capital of the Agency before the
increase. None of the members, however, will not be bound by the obligation to buy shares, about
which is the capital of the Agency has increased.
(f) the Board of administrators shall issue regulations concerning the purchase of additional shares
in accordance with paragraph (e) of this article. These measures will also establish
an appropriate time-limit within which the Member shall submit a request to purchase
additional shares.
Article 40
Voting in the Council of administrators
(a) each administrator will be entitled to vote for a Member
It represents. Excluding cases that are referred to in the present Convention,
will be subject to the approval of the administrator of the Council decision of the majority.
(b) quorum is reached when the Council administrators form the Assembly majority of administrators,
who together represent at least 2/3 of the votes.
(c) the Board of administrators may issue regulations, according to which the Director's Council, may
If such action is considered in terms of the Agency's best interests,
apply for a Council decision on a specific matter, administrators without this
Board of administrators was convened.
Article 41
The election of Directors
(a) the directors shall be elected in accordance with the material (B).
(b) the directors shall serve in Office until then, until the elected
their successors. If the Office of Director is released earlier than 90 days prior to the
expiration of its term of Office, shall elect the administrators who voted and
the previous Director, for the remainder of the period. For
the election of a majority of the votes will be needed. If it is not the place of the Director
busy, shall perform the duties of the Director, with the exception of the appointment of the Deputy,
his Deputy.
Article 42
Voting in the Board
(a) Every Director shall have the right to dispose of the number of votes of all members,
who voted for him in the election. All of the voices, with whom the Director
entitled to dispose, shall be consigned irreversibly. Except in cases of
expressly provided in this Convention, decisions of the Executive Council
be subject to the approval of the majority.
(b) quorum is reached when an Executive Council shall consist of a majority of the directors who
together represent at least half of the total number of votes.
(c) the Director's Council may issue regulations, according to which the President may
in the case that it will be in terms of the interests of the Agency, be considered to be the best,
request a decision the Executive Council in a particular matter, without
This Director's Council was convened.
Chapter 7
The privileges and immunities of the
Article 43
The purpose of the chapter
In order to enable the Agency to fulfil its function, it will be on the territory of each
Member State to enjoy the following privileges and imunitám.
Article 44
Court proceedings
Acts outside the steps referred to in articles 57 and 58 may be carried out
against the Agency only before the competent court in the territory of a Member State,
where the Agency has an Office, or has appointed for the purpose of delivering the message
the representative of the legal proceedings. No such step will not be against the Agency
taken (i) to members, or persons acting for the benefit of members or
having claims against members, (ii) in personal matters. Assets and
assets of the Agency, no matter where they are located and to whom they belong,
they will not be subject to any attachment, seizure or execution before the delivery of
the final verdict or decision of the jury.
Article 45
The assets of the
(a) the property and assets of the Agency, no matter where they are located and in the
Why are the ownership, not be subject to inspection, use requisitions because, confiscation,
expropriation or any other form of seizure exekutivním or legal step.
(b) to the extent necessary for the Agency's activities in the framework of this Convention will be
all the property and assets of the Agency shall be exempt from restrictions, regulations,
regulatory measures and moratoria of any kind; If the Agency
gets the property and assets in the context of the takeover of the creditors ' rights, or as a
the successor to the holder of the guarantee, backed by a legal person, or an investor
the insured person will be guaranteed legal exemption from the relevant
restrictions on currency conversion and the measures paying for
the territory of the Member country, but only if the holder of the guarantee,
a legal person or an investor, whose Agency has endorsed a law, should the
such treatment is entitled.
(c) for the purposes of this chapter, the term "assets" includes the assets Supporting
Financial Fund (Foundation), which is reproduced in Appendix 1 to this Convention,
and other assets that the Agency in the pursuit of its objectives.
Article 46
Archive and communication
(a) the Agency's Archives will be inviolable, regardless of where the
located.
(b) an official communication of the Agency gets from each Member of such
treatment, as the official communication of the Bank.
Article 47
Tax
(a) the Agency, its assets, property and income, and its operations
and the transaction to which it is entitled to on the basis of this Convention, shall be
be exempt from all taxes and customs fees. The Agency will also
exempt from the obligation to collect or pay taxes and duties.
(b) in addition to local nationals will not be on the amounts paid to
the expenditure of the Agency and the deputy administrators and their salaries, amounts to
expenses and other benefits paid by the Agency to the President of the Executive Council,
Directors, the Deputy President and the staff of the Agency, no
the tax.
(c) on any investment, for which the Agency is liable or which ensures
(including profits), or any insurance policy, which the Agency
(including insurance premiums and other income arising from it),
will not be uvalovány taxes of any kind, irrespective, in the
the holding is located, if: (i) this tax discriminates against investment or
Therefore, the only fuse that is liable for it, or by the Agency, (ii)
the only legal justification for this step is the location of the Office or
site maintained by the Agency.
Article 48
The Staff Of The Agency
All administrators, directors, Vice Presidents, the President and the staff of the Agency:
(i) they will have immunity in relation to any legal action
relating to acts carried out in the framework of its functions,
(ii) in the case that will not be local nationals, not to
subject to immigration restrictions, aliens registration requests and
military duty; similar relief to provide member countries with regard to the
limit shifts to the representatives, officials and employees of comparable
the position of other Member States,
(iii) will be entitled to the same treatment in matters of travel, as
It receives from the Member States representatives, officials and employees
a comparable position from other Member countries.
Article 49
Application of this chapter
Each Member State shall take such measures on its territory, which will be in
under its legislation needed for the application of the principles formulated in the
This chapter, and the Agency will provide detailed information on these measures.
Article 50
Waiver of rights
Immunities, exemptions and privileges, as formulated in this chapter are granted in
interests of the Agency and that they may to the extent and under the conditions that you
down, give up. This only applies to cases where no relinquishing of the rights
to prejudice to the interests of the Agency. The Agency shall cancel the immunity of any of its
the employee in cases where, in its opinion, the immunity would impede the
application of the law and you can cancel it without damaging the
the interests of the Agency.
Chapter 8
Performance, suspension and termination of membership activities
Article 51
Performances
After three years from the time when this Convention has entered for
the Member in question into force, any Member may withdraw from the Agency,
that its intention to notify the main Office of the Agency. The Agency will
inform the Bank as depository of this agreement that this warning
It has received. Performances will come into force within 90 days from the date of delivery of the
notification to the Agency. Member country from its intention to give, if
However, the performance still was not in force.
Article 52
Suspension of membership
(a) if the Member fails to comply with the obligations arising from this agreement, the Council may
Directors to suspend his membership if it's voted for by the majority of its
Members representing the majority of the votes.
(b) if the Member has suspended membership, does not have any rights under the
This agreement, except the right to withdraw and the other rights set out
in this chapter, and Chapter 9, but shall remain subject to all its commitments, and
obligations.
(c) For the purpose of determining eligibility or suitability for the guarantee or reinsurance
in accordance with Chapter 3 and Appendix I to this Agreement, will not be a member of the
membership has been suspended, is treated as a member of the Agency.
(d) a member whose membership is suspended, you will lose automatically the membership of the
year from the date of the suspension. The exception is cases where the Council of administrators
Decides to extend the period of suspension of membership or renew
full membership in the Agency.
Article 53
The rights and obligations of States, whose membership ends
(a) if the membership of the State ends, the State continues to remain all
obligations (including obligations of financial participation) within the meaning of this
The agreement entered into force before the end of its membership.
(b) without infringing the provisions of paragraph (a), it shall enter the Agency
State of the negotiations on the arrangement and settlement of mutual claims and liabilities.
Any such arrangement shall be subject to the approval of an Executive Council.
Article 54
The suspension of the activities of the Agency
(a) the Director's Council may, whenever it considers it justified,
suspend the issuance of bonds for a fixed period.
(b) in the case of an emergency, the Council may suspend all activity Director's
The Agency for a period not exceeding the duration of an emergency situation mentioned, but
at the same time must take measures to prevent damage to the interests of the Agency and
third-party software.
(c) the decision to suspend the activity will not affect the obligations of the members
for the purposes of this agreement, the obligations towards the holders of the guarantees
or the securing of, nor to third parties.
Article 55
Liquidation
(a) the Council may, by special majority of administrators to decide on the
their activities and the disposal of the Agency. From this point the Agency terminates
until the next all their activities, with the exception of monetization, preservation and
keeping all the assets and settle the liabilities. Until the final settlement and
the Division of assets, the Agency exist and all rights and obligations of the
its members will continue and take in full.
(b) to the Division of assets will not occur before the Agency will settle or
ensure that all of its obligations to the holders of guarantees and other creditors and
than such a division of the Council of administrators.
(c) comply with the provisions of the preceding paragraphs the Agency split
the remaining assets among the members in proportion to each Member's share of the
subscribed capital. The Agency shall also be allocated any remaining assets
The financial support of the Foundation mentioned in Appendix I to this agreement between the
Members in proportion to each Member's share of the promotion of investment. No
a member will not be entitled to its share of the assets of the agency or Foundation,
If he claims the Agency. Distribution of assets will be
done at the time specified by the Board of administrators and in such a way, what will be the
The Council of administrators can be considered as equal and fair.
Chapter 9
Resolution of disputes
Article 56
Interpretation and application of the Convention
(a) Any issue relating to the interpretation or use of the
the provisions of this Agreement arising between any member and the Agency, or
among the members of the Agency, it will be passed to the decision of the Board. Each
a member of the present matter is of direct concern and that
at the same time does not have a Board representative, may send the
any negotiations, where appropriate, the question will be discussed, their
representative.
(b) in all cases where the Director's Council, shall issue a decision within the meaning of
the preceding paragraph (a), any Member may request that the goods
addressing the Council, whose decision is final. The Agency is the
bound by the decision of the appeal to the Board of administrators, but in the meantime it may where necessary
issues under the decision of the Executive Council.
Article 57
Disputes between the Agency and the members of the
(a) without disrupting the validity of the provisions of article 56 and of paragraph
(b) of this paragraph, any dispute between the Agency on the one hand, and the Member
countries or the authority, or by a State which has ceased to be a member of, or its
authority, on the other hand will be resolved in accordance with the procedure referred to in
Appendix II to this agreement.
(b) disputes concerning the entitlements of the Agency, which has been converted
creditor's rights of the investor, will be resolved either in accordance with (i)
the procedure set out in Appendix II to this agreement, or (ii) the agreement concluded
between the Agency and the competent Member and about an alternative way
or ways to resolve such disputes. In the latter case will serve
Appendix II to this agreement as the basis of an agreement which in any
case must, before the Agency on the territory of the
Member will initiate appropriate steps to confirm the Special Director's most
the Council.
Article 58
Disputes with the participation of holders of guarantees or collateral
Any dispute related to the guarantee or reinsurance contract between its
the participants shall be submitted to arbitration and the final decision in accordance with
such terms that are listed, or for which there is a link within the warranty
or reinsurance contract.
Chapter 10
::
Article 59
Add-ons by the Council of administrators
(a) Supplements to this agreement and its Amendments may be approved by three-fifths that
most administrators represent four-fifths of the total quantity of votes,
with the understanding that:
(i) any add-in regulating the right to resign from the Agency pursuant to
Article 51 and limitation of liabilities referred to in paragraph (d) of article 8 will require
the consent of all administrators,
(ii) any governing scheme of the common add-in cover losses under
Article 1 and 3 of Appendix I to this agreement and which have the effect of increasing
obligations of any member in the context of this adjustment will require
the consent of all members of the administrators, which it refers to.
(b) materials A and B to this agreement may be supplemented by the Council of administrators
by special majority.
(c) if any of the add-in will affect any of the provisions of Appendix I to
This agreement, the total amount of votes also include additional voices
allocated on the basis of article 7 of this appendix to members providing
support and countries where investments are executed with the aid.
Article 60 of the
Procedure
Any proposal to supplement this agreement brought by a Member State, the Director of the
or by the administrator will be presented to the President of the Executive Council, which it
the Director shall submit to the Council. If a proposed Director's Council of the add-in
approve, will be submitted for approval by the Council, in accordance with the
Article 59. The add-in to be formally approved by the Council of administrators, the Agency
It formally inform all its members. :: Enter into force within 90
days from the date of receipt of the formal notification, with the exception of cases in which the Council
Administrators decides otherwise.
Chapter 11
Final provisions
Article 61
Entry into force of
(a) this agreement may be signed by all members of the Bank and Switzerland.
The agreement is subject to ratification, acceptance or approval by Member States in
accordance with their respective constitutional procedures.
(b) this Agreement shall enter into force on the date when it will be deposited at least 5
documents ratifikujících, beneficiary, or approving an agreement from
signatory countries falling within Categories 1 and at least 15 of these
documents from States falling within category 2; the subscribed capital
include at least one-third of the total capital of the Agency referred to in
Of article 5.
(c) If a State deposits-instrument in which the agreement ratifies, accepts or
approve, after the agreement already entered into force, the Agreement
valid from the date on which such instrument deposited.
(d) If this agreement has not entered into force within two years, when it was given to
available for signature, a Conference shall be convened by the President of the Bank
countries, which will decide on the next steps.
Article 62
Introductory meeting
As soon as this agreement enters into force, shall be convened by the President of the Bank
the start of the meeting. This meeting will be held at the Agency's headquarters co.
First, from the date when the agreement came into force, but not later than 60 days.
Article 63
The depositary
Of the Charter relating to ratification, acceptance or approval of this agreement and
its add-ins will be saved in the Bank, which will serve as a
the depositary of this agreement. The depositary shall transmit certified copies of this Agreement
the Bank's Member States and Switzerland.
Article 64
Registration
The depositary shall register this agreement with the Secretariat of the United Nations in accordance with the
Article 102 of the UN Charter and regulations in accordance with the UN General
Assembly of the United Nations.
Article 65
The notification of the
The depositary shall notify all signatory States and the acquisition of
the validity of the agreement and the Agency of the following matters:
(a) the signatures on the agreement,
(b) deposit of the ratification, acceptance or approval in accordance with
Article 63,
(c) the date on which in accordance with article 61 agreement enters into force,
(d) exemptions from territorial validity under article 66,
(e) resignation from membership of the Agency in accordance with article 51.
Article 66
Territorial validity
This agreement applies to all territories under the jurisdiction of a member, including,
for whose international relations it is responsible, with the exception of a member the territory of which the
list of Member in writing when the consignment passes the ratification, acceptance
or approval, or at any time thereafter.
Article 67
Periodic checks
(a) the Council of administrators will take periodic summary of control activities
The Agency and its results, with a view to the introduction of any changes to the
serving to reinforce the capacity of the Agency to meet specified targets.
(b) the first this check occurs after five years from the date of its entry in the
force. The other controls the Council administrators.
Drawn up in Seoul, in a single copy which shall be deposited in the archives
International Bank for reconstruction and development, that by signing below
affirmed their agreement with the performance of the functions, which is in the framework of this
Conventions.
APPENDIX I
Guarantees for investments with the financial support referred to in article 24
Article 1.
Financial support
(a) Any member may support the guarantees on investment realized
investors of any nationality or even members of
several States.
(b) in accordance with the provisions of paragraphs (b) and (c) of article 3 of this appendix will be
each supporting member along with other supporting members participate in
losses arising from guarantees on the supported investments, if these
the loss of Financial support, the Foundation cannot cope, referred to in
Article 2, in proportion to what is the share of financial obligations
resulting from it are supported by investments in the total amount of financial
liabilities arising from investments supported by all supporting members.
(c) when deciding on the guarantees provided in the context of this Appendix
the Agency will take into account whether it is supporting Member in a position
that allows him to fulfill the commitments under this appendix, and will
to favour investment, which also supports the participating
the host country.
(d) the Agency will periodically consult with supporting members questions
associated with its activities under this appendix.
Article 2.
The financial support of the Foundation
(a) the premiums and other revenue from the provision of guarantees on the
supported investments, as well as from investment of insurance premiums and revenue,
will be saved to a special account, which will bear the name of the financial support
the Foundation.
(b) all administrative expenses and payments resulting from claims
applied on the basis of the guarantees provided in the context of this Appendix
will be borne by the Financial support of the Foundation.
(c) the financial support of the Foundation's assets will be maintained and administered by
a joint account that support members and will be separated from the assets of the Agency.
Article 3.
However supporting members to pay
(a) in the event that the Agency is required to pay on the basis of the loss suffered by the
in the context of supported guarantees a certain amount, and if this amount cannot be
the financial support of the Foundation's assets to cover, each Agency shall invite the
supporting Member to payment of the relevant share to the Foundation, whose
the amount will be determined in accordance with paragraph (b) of article 1 of this appendix.
(b) no member of the on call will not need to under the previous article
nothing to pay, if as a result of the payment of the total sum of all payments
This member exceed the total amount of guarantees covering investments
supported by that Member.
(c) upon the expiration of any warranties covering investment supported by a member of the
This member's liabilities will be reduced by an amount equivalent to the amount of this
the warranty. Such liabilities will also be reduced on the basis of proportionality in
cases, the Agency shall effect payment in favour of the supported
investment. Otherwise, shall continue until the expiration of all warranties on
supported investments, which is running at the time of such payments.
(d) if the Member is not on the basis of the provisions of paragraphs (b) and (c) shall be obliged to
the challenge to pay the amount due, or if any of the supporting Member
to pay in a timely manner or at all, fails to pay the amount for which payment was
asked about these amounts in proportion to the share of the other supporting members.
The obligation of members to pay to challenge within the meaning of this article shall be subject to
the limits laid down in paragraphs (b) and (c).
(e) any payment, which will be paid to the challenge of supporting a member in
accordance with this article, shall be made as soon as possible and in freely
the applicable currency.
Article 4.
Valuation of currencies and refunds
Provisions relating to the valuation of the currencies and the refunds contained in this agreement
with regard to the capital subscriptions will be used, mutatis mutandis, to the
the amounts paid by members for the purpose of promoting investment.
Article 5.
Ensure the
(a) the Agency may, under the conditions referred to in article 1 of this Appendix
to provide assurance to his Member, his institution, the regional agency
as defined in paragraph (a) of article 20 of this agreement, or to the private
pojišťovateli in some of the Member countries. On reinsurance in
under this appendix shall be, mutatis mutandis, apply the provisions of
This appendix relating to guarantees and articles 20 and 21 of this agreement.
(b) the Agency may obtain collateral for investment, for which he is liable, in
under this addendum and the cost of such collateral will cover from
The financial support of the Fund. the Council may decide, Palace whether and in
to what extent can be obtained to ensure account reduce the commitment
the common cover losses for supporting members, which are discussed in the
paragraph (b) of article 1 of this appendix.
Article 6.
Principles of operation
Without disrupting the provisions of this Appendix apply to guarantees
the supported investments, mutatis mutandis, the same provisions that are
due to the provision of guarantees set out in Chapter 3 and Chapter 4 of the
The agreement, with the exception that (i) such investment shall be entitled to
support, if implemented on the territory of any, but especially
development, a member of and participate in an investor or investors who
fulfil the conditions referred to in paragraph (a) of article 1 of this appendix, or
(ii) the Agency due to its assets shall have no obligations for guarantees
or collateral provided in this Appendix and any warranty or
reinsurance contract explicitly stating this fact.
Article 7.
Vote
For decisions related to investment will be supported by each
supporting Member one vote for every 10 000 units SDR guarantees
or to ensure that it supports, and every country in which it is supported
investment will be implemented, it will have one vote for every 10,000
SDR units warranty, guarantee or ensure any supported investment that
It hosts. In addition, these voices will apply only when the voting
regarding the supported investments and in the determination of the number of votes for
individual members on them otherwise will not be considered.
APPENDIX II
Resolution of disputes between a member and the Agency in accordance with article 57
Article 1.
The Validity Of The Appendix
All disputes under Article 57 of this Agreement shall be resolved in accordance with the
the procedure laid down in this appendix, except in cases when the Agency
has entered into a contract with a Member referred to in paragraph (b) (ii) of article 57.
Article 2.
Negotiation
Parties to the dispute within this appendix attempts to resolve this dispute
the hearing, before resorting to conciliation or arbitration resolution. If
the parties do not reach agreement within 120 days from the date of the request for the opening of negotiations,
the meeting will be regarded as ineffective and its resources for the depleted.
Article 3.
Settlement
(a) If the dispute is not resolved by negotiation, either party
to submit such dispute to arbitration in accordance with the provisions of article 4 of the
This appendix, but both sides also have recourse to the
conciliation, which are discussed in this article.
(b) agreement on the choice of the conciliation procedure, stating the disputed issue, the requirements
the two parties to resolve it and the name of the conciliation officer, if
available. If the parties cannot agree on the usmiřovateli, they may jointly
ask about his appointment of either the Secretary-General of the International
Centre for settlement of investment disputes (ICSID) or the President of the
International Court of Justice. An amicable settlement to end, if it has not
Accommodator appointed within 90 days of the conclusion of the agreements on the choice of the conciliation
procedure.
(c) if in this appendix expressly provides otherwise, or if the
both parties agree, Accommodator lays down the rules for the conciliation and
in this regard, will be governed by the rules adopted by agreement on the solution
investment disputes between States and nationals of other States.
(d) the two parties shall cooperate in good faith with the reconciler and
in particular, it shall provide all the documents and any information that he
help in the performance of its functions. Will the recommendations very seriously
consider.
(e) unless the parties agree otherwise, shall submit to the Accommodator in time
not exceeding 180 days from the date of its appointment to the parties a report summarising
the results of his efforts, defining the subjects of dispute of the parties and the referring
proposals for their solution.
(f) each Party shall, within 60 days of the receipt of the report expressed in writing their
opinions on this report and send it to the other side.
(g) any Party participating in the smiřovacího control does not have the right to
to resort to arbitration, if:
(i) shall submit his report in the Accommodator period laid down in paragraph
(e)
(ii) the Parties shall take all the proposals contained in the report within 60 days of
receipt of the request,
(iii) the parties to an exchange of views on the report shall agree on the resolution of all
cause of action within 60 days from the receipt of the message, usmiřovatelovy
(iv) the party expresses his views on the report in accordance with the provisions contained in the
paragraph (f).
(h) unless the parties agree otherwise, the fee will be determined by the appeasers
on the basis of the rates in force for conciliation ICSID. Fees and other
the costs of arbitration shall be borne equally by both parties. Each party to the
you will have to pay their own costs.
Article 4.
Arbitrage
(a) Arbitration proceedings shall be initiated by the notifying Parties requesting
Arbitration (plaintiff) was addressed to the other party or other parties in the
the dispute (the defendant). The warning will be to characterize the nature of the dispute, the
the name of the arbitrator appointed by resolution and by the appellant. The defendant within 30 days
from the date of delivery of the notice shall notify the applicants name as an arbitrator, which
has chosen. Within 30 days from the date of appointment of the second arbitrator selected by both parties
the third arbitrator, who will act as the Chairman of the arbitral
the Tribunal (the Tribunal).
(b) unless the General Court established within 60 days of the date of notification, the
an unspecified arbitrator or the Chairman appointed to the joint request of the parties
the Secretary-General of ICSID. If the parties do not submit a joint application,
or if the Secretary General to appoint a competent person within 30 days of
submission of the application, each party may request the appointment on
the President of the International Court of Justice.
(c) neither party will have the right to change the arbitrator he has appointed,
as soon as the hearing officer in case of a dispute. If any arbitrator (including
the President of the Tribunal) shall submit its resignation, dies, or does not
able to exercise the function of his successor will be appointed in the same way
like his predecessor and such successor will have the same rights and
obligations, as the person in whose place he took.
(d) the Tribunal will meet for the first time at a time and place determined by the Chairman.
Subsequent to the meeting determines the General Agreement of all members.
(e) if the amendment provides otherwise, or unless the parties
agree otherwise, the Tribunal shall determine its procedure and will in this respect,
guided by the arbitration rules adopted pursuant to the agreement on the solution
investment disputes between States and nationals of other States.
(f) the Tribunal will assess their own competence, with the exception
in cases where an objection is before the Tribunal in the sense that the dispute
falls within the competence and jurisdiction of the Council or the Executive Council of administrators
pursuant to article 56 or to the Court's jurisdiction or arbitration authority
specified by the agreement within the meaning of article 1 of this appendix. If the Court
It considers that the objection is justified, submit it to the Executive Council, the Council
Administrators, or to the competent authority, and the arbitration proceedings will be suspended
up to that time, when it will be reached in the matter for the general binding
decision.
(g) the Tribunal will in any dispute under this Appendix apply
the provisions of this Convention, any relevant document
formulujícího the agreement of both parties, the podzákonů and the regulation of the Agency,
the relevant regulations of international law, the local law of the participating
Member, and also the relevant provisions of the investment contract, if
These are located in it. Without disrupting the provisions of this agreement,
the General Court may issue a decision in the case of a dispute ex aequo et bono, if the
with that Agency and the participating Member agrees. The General Court may not issue a
decision of non liquet, arguing that the law is unclear, or about a given problem
He does not speak.
(h) the Tribunal shall give all parties a fair hearing. All
the resolution of the Tribunal will be based on approval by a majority of its members and
will state the reasons that led to them. Observations of the Tribunal will be
written, signed at least two arbitrators, and each party gets its
a copy of the. The observations will be final, binding on the parties and will not be on it
apply a possibility of appeal, rescinded or revised.
(i) If a dispute arises between the parties in question to the meaning or scope of the
the decision of the Tribunal, each party may request in writing addressed to the
the President of the Tribunal that issued the decision, within 60 days of the release of
the decision to ask for his explanation and interpretation. If it will be
possible, the President of the request of the Tribunal, which issued the ruling, and up to 60
days of receipt of the request, the Tribunal shall convene. If this procedure does not
possible, shall draw up, in accordance with the provisions of paragraphs (a) to (d), the General
the new. The General Court may suspend the enforcement of the decision until
on the question of the required explanation.
(j) each Member shall request a decision issued in accordance with this
article for binding and applicable in its territory, as if they were
about the Court's verdict of this member. Enforcement shall be governed by the laws of
applicable to the enforcement of judicial decisions in the State on whose territory it is to be
enforced, and will not violate any applicable law relating to the
immunity from enforcement.
(a) unless the parties agree otherwise, the fees and benefits
arbitrům paid, established on the basis of the rates applicable to arbitration
ICSID. Each Party shall bear its own costs associated with the
arbitration. The costs of the Tribunal shall be borne in equal parts by both
the parties, with the exception of cases, when the Tribunal decides otherwise. Any
the question concerning the apportionment of the costs of the Tribunal or the procedure for
payment of such costs will be determined by the Tribunal.
Article 5 ...
Delivery
Notices related to any of the steps in this Appendix will be
written by. Notice will be given to the body designated by the participating Agency
a member in accordance with article 38 of the Convention, while the participating Member will be
notification to the Agency address its main offices.
MATERIAL AND
Membership and subscribed capital
Category 1
State the number of shares subscribed capital
(million SDRs)
-------------------------------------------------------------
Australia 1.713 17.13
Austria 775 7.75
Belgium 2.030 20.30
Canada 2.965 29.65
Denmark 718 7.18
Finland 600 6.00
France 4.860 48.60
GERMANY 5.071 50.71
Iceland 90 0.90
Ireland 369 3.69
Italy 2.820 28.20
Japan 5.095 50.95
Luxembourg 116 1.16
The Netherlands 2.169 21.69
New Zealand 513 5.13
Norway 699 6.99
943 South Africa 9.43
Sweden 1.049 10.49
Switzerland 1.500 15.00
Great Britain 4.860 48.60
USA 20.519 205.19
------ ------
59.473 594.73
Category 2
(For the purposes of this Convention are in category 2
developing countries included)
State the number of shares subscribed capital
(million SDRs)
-------------------------------------------------------------
Afghanistan 118 1.18
Algeria 649 6.49
Antigua and Barbuda 50 0.50
Argentina 1.254 12.54
Bahamas 100 1.00
Bahrain 77 0.77
Bangladesh 340 3.40
Barbados 68 0.68
Belize 50 0.50
Benin 61 0.61
Bhután 50 0.50
Bolivia 125 1.25
Botswana 50 0.50
Brazil 1.479 14.79
Burkina Faso 61 0.61
Burma 178 1.78
Burundi 74 0.74
Cameroon 107 1.07
Islands of green Cape 50 0.50
Central African Republic 60 0.60
Chad 60 0.60
Chile 485 4.85.
China 3.138 31.38
Colombia 437 4.37
The Chamber 50 0.50
The people's Republic of the Congo 65 0.65
Costa Rica 117 1.17
Cyprus 104 1.04
Djibouti 50 0.50
Dominica 50 0.50
Dominican Republic 147 1.47
Ecuador 182 1.82
Arab Republic of Egypt 459 4.59
El Salvador 122 1.22
Equatorial Guinea 50 0.50
Ethiopia 70 0.70
Fiji 71 0.71
Gabon 96 0.96
Gambia 50 0.50
Ghana 245 2.45
Greece 280 2.80
Grenada 50 0.50
Guatemala 140 1.40
Guinea 91 0.91
Guinea Bissau 50 0.50
Guyana 84 0.84
Haiti 75 0.75
Honduras 101 1.01
Hungary 564 5.64
India 3.048 30.48
Indonesia 1.049 10.49
Islamic Republic of Iran 1.659 16.59
Iraq 350 3.50
Israel 474 4.74
Ivory Coast 176 1.76
Jamaica 181 1.81
Jordan 97 0.97
Democratic Kampučie 93 0.93
Kenya 172 1.72
South Korea 449 4.49
Kuwait 930, 9.
Lao people. Dem rep. 60 0.60
Lebanon 142 1.42
Lesotho 50 0.50
Liberia 84 0.84
Libyan Arab. džamah. 549 5.49
Madagascar 100 1.00
Malawi 77 0.77
Malaysia 579 5.79
Maldives 50 0.50
Malta 75 0.75
Mali 81 0.81
Mauritania 63 0.63
Mauritius 87 0.87
Mexico 1.192 11.92
Morocco 348 3.48
Mozambique 97 0.97
Nepal 69 0.69
Nicaragua 102 1.02
Niger 62 0.62
Nigeria 844 8.44
Oman 94 0.94
Pakistan 660 6.60
Panama 131 1.31
Papua New Guinea 96 0.96
Paraguay 80 0.80
Peru 373 3.73
The Philippines 4.84 484
Portugal 382 3.82
Qatar 137 1.37
Romania 555 5.55
Rwanda 75 0.75
St. Christopher and Nevis 50 0.50
St. Lucia 50 0.50
St. Vincent 50 0.50
St. Thomas and the Principův Island 50 0.50
Saudi Arabia 3.137 31.37
Senegal 145 1.45
Seychelles 50 0.50
Sierra Leone 75 0.75
Singapore 154 1.54
Solomon Islands 50 0.50
Somalia 78 0.78
Spain 1.285 12.85
Sri Lanka 271 2.71
Sudan 206 2.06
Suriname 82 0.82
Syrian Arab Republic 168 1.68
Swaziland 58 0.58
Tanzania 141 1.41
Thailand 421 4.21
Togo 77 0.77
Trinidad and Tobago 203 2.03
Tunisia 156 1.56
Turkey 462 4.62
U.A.E. 372 3.72
Uganda 132 1.32
Uruguay 202 2.02
Vanuatu 50 0.50
Venezuela 1.427 14.27
Viet Nam 220 2.20
Western Samoa 50 0.50
Yemen Arab Republic 67 0.67
The people of Yemen. Dem rep. 115 1.15
Yugoslavia 635 6.35
Zaire 338 3.38
Zambia 318 3.18
Zimbabwe 236 2.36
------ ------
40.527 405.27
A total of 100.000 1.000.00
------- --------
MATERIAL (B)
Election of Directors
1. candidates for the Office of Director shall be appointed by the administrators. Each administrator
may propose only one candidate.
2. Election of Directors shall be carried out by secret ballot by administrators.
3. the administrator shall surrender for their candidate, all the voices,
that has its member country pursuant to paragraph (a) of article 40.
4. A quarter of the total number of Directors will be elected separately, one for
each administrator representing the Member States with the highest number of
shares. If the total number of Directors is not a multiple of four, the number of such
the elected directors will be equal to one quarter of the next lowest number
dělitelného four.
5. the remaining directors will be elected by other administrators in accordance with
the provisions of paragraphs 6 to 11 of this material.
6. If the number of candidates equal to the number of directors who have yet to be
elected, all candidates will be elected in the first round; the exception is the
candidates who do not get the minimum percentage of the total number of votes
that the Council shall at the same time, if any of the candidates
gets more than the maximum percentage of the total number of votes
the Council shall determine.
7. If the number of candidates exceeds the number of elected directors,
will be elected the candidates who obtained the highest number of votes, with the exception of
in cases where the candidate fails to obtain a minimum percentage of the total number of votes
established by the Council of administrators.
8. If there are all these remaining directors elected in the first round,
the second round will be held. The candidate or candidates is re-elected in the first
the bike may once again take part in the second round.
9. In the second round of voting will be limited to (i) the administrator, who in the first
Bicycle voted for an unelected candidate, (ii) the administrator, who in the first
Bicycle voted for a candidate who has already received the maximum percentage
the total number of votes established by the Council of administrators already before they were
their votes are counted.
10. in determining when the candidate has received more than the maximum percentage of
votes are first counted the vote administrator representing the highest
the number of votes. Followed by the administrator, that represents the second highest
the number of votes, the third, etc. until it reaches the desired percentage.
11. If they are not elected in the second round all remaining directors,
the same principle will hold the next round until they are elected
all Directors. The exception is the case when left to choose only one
the Director. He can be elected by a simple majority of the remaining votes, and has
shall be deemed to have been committed for it all the remaining votes.
*) Part 6 supplemented by after you change the agreement, which entered into force on 17.
December 1965.
*) 3. the nominal capital was increased to $ 110.000.000 divided into
110,000 shares at $ 1,000. November 2, 1977 was the nominal capital
increased to $ 650.000.000, divided on 650,000 shares at $ 1,000. 26.
December 1985 authorized capital was increased to $ 1.300.000.000
broken down into 1.3 million shares at $ 1,000.
*) Original text: (a) the Corporation does not carry out its funding in the form of
investment capital. The Corporation may invest its funds
in the form or forms that will be considered as appropriate under the
circumstances, including (without limitation) the investments which the holder has the right to
to participate in the proceeds, and the right to subscribe for share capital or investment
convert to (b) the Corporation itself does not have the right to subscribe to or change investment
share capital.
**) Original text: (iv) the Corporation does not assume responsibility for the management
any company in which it has invested.
*) The last clause in the amendment added valid from 1. September 1965.
*) Original text contains this: corporations will not borrow from banks and
the Bank will not lend.
*) International Bank for reconstruction and development.