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RS 0.979.1 Statute of the International Monetary Fund, of 22 July 1944 (with annexes)

Original Language Title: RS 0.979.1 Statuts du Fonds monétaire international, du 22 juillet 1944 (avec annexes)

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0.979.1

Translations N 1

Statute of the International Monetary Fund

Adopted at Bretton Woods on 22 July 1944

Amended May 31, 1968 and April 30, 1976

Approved by the Federal Assembly on October 4, 1991 2

Signed and accepted by Switzerland on 29 May 1992

Entered into force for Switzerland on 29 May 1992

(State on 20 June 2014)

The governments on whose behalf this Agreement is signed agree as follows:

Art. I Goals

The goals of the International Monetary Fund are to:

(i)
Promote international monetary cooperation through a permanent institution providing a mechanism for consultation and collaboration on international monetary issues.
(ii)
To facilitate the expansion and harmonious development of international trade and thus contribute to the establishment and maintenance of high levels of employment and real income and the development of the productive resources of all Member States, Primary economic policy objectives.
(iii)
Promote exchange rate stability, maintain orderly exchange rate regimes among member states and avoid competitive exchange rate depreciation.
(iv)
Assist in the establishment of a multilateral system for the settlement of current transactions between Member States and the elimination of exchange restrictions that impede the development of world trade.
(v)
To give confidence to the Member States by putting the general resources of the Fund temporarily at their disposal through adequate safeguards, thereby providing them with an opportunity to correct the imbalances in their balances of payments without any Use measures that are detrimental to national or international prosperity.
(vi)
In accordance with the above, shorten the duration and reduce the size of the Member States' balance of payments imbalances.

In all its policies and decisions, the Fund is guided by the goals set out in this article.

Art. II Members

Section 1: Originating Members

Members from the Fund shall be members of the countries which, having participated in the United Nations Monetary and Financial Conference, gave accession before 31 December 1945.

Section 2: Other members

Other countries have the option of becoming members of the Fund on dates and in accordance with the conditions prescribed by the Governing Council. These conditions, including the terms of subscriptions, are based on principles that are consistent with those that apply to countries that are already members.

Art. III Quotes and subscriptions

Section 1: Quotes and payment of subscriptions

A share, expressed in special drawing rights, is assigned to each Member State. The assessments of the Member States represented at the United Nations Monetary and Financial Conference, having acceded before 31 December 1945, are those set out in Annex A. The assessments of the other Member States shall be fixed by the Board of Governors. The subscription of each Member State shall be equal to its share and shall be paid in full to the Fund from the appropriate depositary.

Section 2: Review of assessments

(a)
At least every five years, the Governing Council shall carry out a general review of the quotas of the Member States and, if it considers it appropriate, shall propose the revision. The Fund may also consider, if it considers it appropriate, at any other time, at the request of a Member State, the adjustment of its quota.
(b)
The Fund may at any time propose an increase in assessed contributions. States that were members as at 31 August 1975 in proportion to their assessed contributions on that date for a cumulative amount not exceeding the amounts transferred under section 12, para. (f) (i) and (j), s. V of the Special Entitlements Account to the General Resources Account.
(c)
A majority of 85 % of the total number of votes allocated is required for any change in quota.
(d)
The quota of a Member State shall not be amended until it has given its consent and it has not made the payment, unless the payment is deemed to have been made, in accordance with Section 3, para. (b) of this article.

Section 3: Remittances in case of changes in assessed contributions

(a)
Any Member State which consents to an increase in its quota in accordance with the provisions of par. (a) Section 2 of this Article shall pay to the Fund, within a time limit fixed by the Fund, 25 % of the increase in special drawing rights, but the Governing Council may prescribe that payment may be made on the same basis for all Member States, in whole or in part, in currencies of other Member States specified by the Fund with the consent of these Member States or in the currency of the Member State. A non-participant shall pay in the currencies of other States, members, specified by the Fund with the consent of those Member States, the percentage of the increase which the participants shall pay in special drawing rights. The balance of the increase shall be paid by the Member State in its currency. No payment made by a Member State under this provision shall have the effect of having the effect of bearing the assets of the Fund in the currency of a Member State beyond the level from which they would be subject to committees by virtue of Section 8, para. (b) (ii), s. V.
(b)
Any Member State which consents to an increase in its quota in accordance with Section 2, para. (b) this section is deemed to have paid to the Fund an amount of underwriting equal to that increase.
(c)
If a Member State agrees to a reduction in its share, the Fund shall pay, within sixty days of acceptance, an amount equal to the reduction. This payment shall be made in the currency of the Member State and in special drawing rights or in currencies of other Member States, as specified by the Fund with their consent, to the extent necessary to prevent the Fund's assets in the currency Member State shall not be reduced to a level below the new quota, it being understood that, in exceptional circumstances, the Fund may, by giving the Member State its own currency, return its assets to that currency at a level Below the new quota.
(d)
The majority of 70 % of the total number of votes allocated is required for any decision taken pursuant to subs. (a) above, except for the fixing of a time limit and the specification of the currencies under that provision.

Section 4: Replacing the currency with securities

The Fund shall accept from any Member State, in lieu of such amount of the currency of the Member State held in the General Resources Account, which it considers not necessary for its operations and transactions, good or similar commitments Issued by the Member State or by the Depositary designated pursuant to Section 2 of Art. XIII. These securities shall not be negotiable, shall bear no interest and shall be paid for at their par value by entry to the credit of the Fund Account with the Depositary designated. The provisions of this Section shall apply not only to the currency of payment of the subscription, but also to any other currency that is due to or acquired by the Fund, and shall be extended to the General Resources Account.

Art. IV Obligations concerning exchange rate regimes

Section 1: General obligations of member states

Recognizing that the essential purpose of the international monetary system is to provide a framework that facilitates the exchange of goods, services and capital among nations and promotes sound economic growth, and that a primary objective is To ensure on an ongoing basis the necessary basic conditions necessary for economic and financial stability, each Member State undertakes to cooperate with the Fund and with the other Member States to ensure the maintenance of exchange rate regimes And promote a stable exchange rate system. In particular, each Member State shall:

(i)
Seeks to guide its economic and financial policy in order to encourage orderly economic growth in a reasonable price stability, with due consideration being given to its particular situation;
(ii)
Seeks to promote stability by promoting orderly economic and financial conditions and a monetary system that is not a source of disruption;
(iii)
Avoids manipulating exchange rates or the international monetary system in order to prevent the effective adjustment of balances of payments or to ensure unfair competitive advantages vis-vis other Member States; and
(iv)
Pursue foreign exchange policies consistent with the commitments set out in this section.

Section 2: General provisions on foreign exchange

(a)
Each Member State shall notify the Fund within 30 days after the date of the second amendment to these Articles of Agreement the exchange rate regime which it intends to apply in order to fulfil its obligations under Section 1 of this Article and shall notify Time limit to the Fund for any change in its exchange rate regime.
(b)
Within the framework of an international monetary system of the nature of the one that existed at 1 Er In January 1976, the foreign exchange provisions could be as follows:
(i)
The maintenance by a Member State of a value for its currency in terms of the special drawing right or other denominator other than gold, chosen by the Member State;
(ii)
Cooperation mechanisms whereby Member States maintain the value of their currencies in relation to the value of the currency or currencies of other Member States;
Or
(iii)
Other exchange provisions chosen by a Member State.
(c)
In order to take account of developments in the international monetary system, the Fund, by a majority of 85 % of the total number of votes allocated, may define general exchange provisions without limiting the right of Member States to have Changes in their choice that are consistent with the purpose; and the Fund and the obligations under Section 1 of this section.

Section 3: Monitoring of foreign exchange policies

(a)
The Fund shall control the international monetary system in order to ensure its effective functioning and control the manner in which each Member State fulfils the obligations arising from Section 1 of this Article.
(b)
In order to fulfil the functions referred to in s. (a) above, the Fund shall carry out a firm monitoring of the exchange rate policies of the Member States and adopt specific principles to guide the Member States in relation to these policies. Each Member State shall provide the Fund with the information necessary for such monitoring and, at the request of the Fund, shall consult with the Fund on such policies. The principles adopted by the Fund are compatible with the cooperation mechanisms by which Member States maintain the value of their currencies in relation to the value of the currency or currencies of other Member States, thus With the other exchange provisions chosen by a Member State which are in accordance with the purposes of the Fund and the provisions of Section 1 of this Article. The principles shall respect the internal social and political guidelines of the Member States, and the Fund shall take due account, for their application, of the particular situation of each Member State.

Section 4: Parities

The Fund may decide, by a majority of 85 % of the total number of votes allocated, that international economic conditions allow for the establishment of a generalised system of exchange rates based on stable but adjustable parities. The Fund takes such a decision on the basis of the underlying stability of the world economy and, to this end, takes into account the evolution of prices and the economic growth rates of the Member States. The decision shall also be taken in the light of the evolution of the international monetary system, having regard in particular to the sources of liquidity and, in order to ensure the effective functioning of a system of parities, to the provisions under which Member States whose balance of payments is in surplus as Member States with a deficit balance must take rapid, efficient and symmetrical measures in order to achieve the adjustment, and also with regard to the Provisions on interventions and the treatment of imbalances. When making such a decision, the Fund shall notify the Member States that the provisions of Annex C become applicable.

Section 5: Currency of currencies in the territories of a Member State

(a)
Decisions concerning the currency of a Member State taken by that Member State in accordance with the provisions of this Article shall be deemed to apply to the various currencies in the territories for which the Member State has accepted the Agreement, in accordance with Section 2, para. (g), art. XXXI, unless the Member State declares that the decision relates either exclusively to the metropolitan currency or to one or more currencies which it specifies, in conjunction with the metropolitan currency and one or more currencies Specified.
(b)
Decisions taken by the Fund in accordance with the provisions of this Article shall be deemed to apply to all the currencies of the Member States referred to in paragraph 1. (a) above, unless otherwise stated by the Fund.
Art. V Fund operations and transactions

Section 1: Public financial institutions dealing with the Fund

Member States shall deal with the Fund exclusively through their treasury, central bank, foreign exchange stabilisation fund or any other similar public financial institution, and the Fund shall deal only with the Institutions or through their intermediary.

Section 2: Limitation of transactions and transactions of the Fund

(a)
Unless otherwise provided in this Statute, transactions on behalf of the Fund shall be limited to transactions intended to provide to a Member State, at its request, special drawing rights or the currencies of other States Members from the general resources of the Fund, which are held in the General Resources Account, in exchange for the currency of the Member State which wishes to make the purchase.
(b)
If requested, the Fund may decide to provide financial and technical services in accordance with its aims, in particular the administration of resources provided by the Member States. The operations involved in the provision of these financial services shall not be carried out on behalf of the Fund. Such services do not impose obligations on Member States without their consent.

Section 3: Conditions governing the use of the general resources of the Fund

(a)
The Fund shall adopt policies for the use of its general resources, in particular as regards confirmation agreements or similar arrangements, and may adopt, for special balance-of-payments problems, specific policies which Help the Member States to overcome the difficulties they have to balance their balance of payments, in accordance with the provisions of these Statutes, and which surround adequate guarantees for the temporary use of the general resources of the Fund.
(b)
Each Member State shall be entitled to purchase from the Fund the currencies of other Member States in exchange for an equivalent amount of its own currency under the following conditions:
(i)
The use of the general resources of the Fund by the Member State shall be in accordance with the provisions of these Statutes and the policies adopted under those provisions.
(ii)
The Member State declares that the situation of its balance of payments or reserves, or the evolution of its reserves, makes the purchase necessary.
(iii)
The proposed purchase is a purchase in the reserve tranche, or it does not have the effect of bearing the assets of the Fund in the currency of the buyer Member State to more than 200 % of its quota.
(iv)
The Fund has not previously stated, by application of section 5 of this section, section 1 of s. VI, or section 2, para. (a) art. XXVI, that the requesting Member State is not eligible to use the general resources of the Fund.
(c)
The Fund shall examine any request for purchase in order to determine whether the proposed purchase is in accordance with the provisions of this Statute and the policies adopted in accordance with those provisions, but it cannot object to requests for purchase in the Reserve band.
(d)
In laying down its policies and procedures for the selection of currencies for sale, the Fund shall take into account, in consultation with the Member States, the situation of the balance of payments and reserves of the Member States and of developments in the markets of the Member States. As well as the opportunity to arrive with time at balanced positions in the Fund, on the understanding that if a Member State declares that it intends to purchase the currency of another Member State because it wishes to obtain an equivalent amount of Its own currency offered by the other Member State, it is authorised to purchase the currency of the other State Member unless the Fund has given notice, in accordance with section 3 of s. VII, that its holdings in the requested currency have become rare.
(e) (i) Each Member State shall ensure that the assets in its currency purchased from the Fund are assets in a freely usable currency or that they may be exchanged at the time of purchase against a freely usable currency of its choice, at a rate of Change between the two currencies equivalent to the exchange rate applicable between them on the basis of section 7, para. (a) art. XIX.
(ii)
Each Member State whose currency is purchased from the Fund or obtained in exchange for a currency purchased from the Fund shall cooperate with the Fund and with other Member States in order to enable it to exchange such assets in its currency at the time of purchase, Against the freely usable currencies of other Member States.
(iii)
The exchange under para. (i) above, a currency which is not freely usable, shall be effected by the Member State whose currency is purchased, unless that Member State and the buyer Member State agree to another procedure.
(iv)
A Member State which buys from the Fund the freely usable currency of another Member State and which wishes to exchange it at the time of purchase against another freely usable currency shall exchange it with the other Member State if it does so Request. The exchange shall be against a freely usable currency chosen by the other Member State at the exchange rate referred to in par. (i) above.
(f)
In accordance with the policies and procedures adopted by the Fund, the Fund may agree to provide to a participant who makes a purchase in accordance with this section special drawing rights instead of the currencies of other Member States.

Section 4: Dispense

The Fund may, at its discretion, and in accordance with procedures to safeguard its interests, derogate from the application of one or more of the conditions set out in section 3, para. (b) (iii) and (iv), of this article, in particular with regard to member States which, in the past, have refrained from using the general resources of the Fund extensively or continuously. In order to grant such an exemption, it shall take account of the periodic or exceptional nature of the needs of the requesting Member State. The Fund shall also take into account any offer made by the Member State to pledge, as a guarantee, acceptable assets deemed by the Fund of sufficient value for the safeguarding of its interests, and it may make the grant of the Provides for the creation of such a pledge.

Section 5: Inadmissibility to use the general resources of the Fund

If the Fund considers that a Member State is using the general resources of the Fund in a manner contrary to the purposes of the Fund, it shall send a report to that Member State setting out its views and setting an appropriate response time. After presenting this report to the Member State, the Fund may limit the use by that Member State of the general resources of the Fund. If, within the prescribed period, no reply to the report has been received from the Member State, or if the reply received is not satisfactory, the Fund may continue to restrict the use by the Member State of the general resources of the Fund or, after a Reasonable notice, declare that it is no longer acceptable to use the general resources.

Section 6: Other purchases and sales of special drawing rights by the Fund

(a)
The Fund may accept special drawing rights offered by a participant against an equivalent amount of other Member States' currencies.
(b)
The Fund may provide to a participant, at its request, special drawing rights against an equivalent amount of other Member States' currencies. Such transactions shall not have the effect of bearing the assets of the Fund in the currency of a Member State beyond the level at which they are subject to committees pursuant to Section 8, para. (b) (ii) of this article.
(c)
The currencies provided or accepted by the Fund under this section shall be selected in accordance with policies that take into account the principles set out in Section 3, para. (d), or section 7, para. (i) of this article. The Fund may be a party to the transactions referred to in this section only if the Member State whose currency is supplied or accepted by the Fund consents to the use of its currency.

Section 7: Purchase by a Member State of assets in its currency held by the Fund

(a)
Any Member State shall be entitled to redeem at any time the assets of the Fund in its currency which are subject to committees pursuant to Section 8, para. (b) of this article.
(b)
The Member State which has made a purchase pursuant to Section 3 of this Article shall normally, as the situation of its balance of payments and reserves improves, redeem the assets of the Fund in its currency from the purchase And are subject to commissions under section 8, para. (b) of this article. It must redeem such assets if the Fund, in accordance with the repurchase policy it adopts and after consulting the Member State, declares to the Member State that it must redeem those assets in view of the improvement in the balance of payments situation And its reserves.
(c)
The Member State which has made a purchase in accordance with Section 3 of this Article shall, within five years after the date of purchase, purchase the assets of the Fund in its currency from the purchase and shall be subject to commissions under the Section 8, para. (b) of this article. The Fund may require the Member State to make the purchase in instalments during the period beginning three years after the date of purchase and ending five years after that date. The Fund may, by a majority of 85 % of the total number of votes allocated, change the duration of the redemption periods provided for in this paragraph. (c) but the period laid down shall apply to all Member States.
(d)
The Fund may decide, by a majority of 85 % of the total number of votes allocated, to adopt periods other than those provided for in subs. (c) above, identical for all Member States for the redemption of holdings in currencies acquired by the Fund in accordance with a special policy for the use of its general resources.
(e)
A Member State shall redeem, in accordance with policies that the Fund shall adopt by a majority of 70 % of the total number of votes allocated, the assets of the Fund in its currency whose acquisition does not result from purchases and which are subject to commissions in Under section 8, para. (b) (ii) of this article.
(f)
A decision prescribing that, in the context of a policy relating to the use of the general resources of the Fund, the redemption period under subs. (c) or (d) above is shorter than that in force under this policy, applies only to assets acquired by the Fund after the effective date of that decision.
(g)
The Fund may, at the request of a Member State, reduce the date of execution of a redemption obligation, but not beyond the maximum period prescribed for that purpose to s. (c) or (d) above, or through policies adopted by the Fund under s. (e) above, unless the Fund decides, by a majority of 70 per cent of the total number of votes allocated, that a longer period, consistent with the temporary employment of the general resources of the Fund, is justified because the fulfilment of the obligation of Repurchase within the time limit would lead to exceptional difficulties for the Member State.
(h)
The Fund may add to the policies referred to in Section 3, para. (d) in this Article, other policies which enable it to decide, after consulting a Member State, to sell in accordance with par. (b) in section 3 of this article, its assets in the currency of the Member State which have not been redeemed in accordance with this section, without prejudice to any measure that the Fund may be authorized to take under any other provision Of these Statutes.
(i)
Any redemption under this section shall be in special drawing rights or in the currencies of other Member States specified by the Fund. The Fund shall adopt policies and procedures for the selection of currencies to be used by the Member States for a redemption, taking account of the principles set out in Section 3, para. (d) of this article. Buybacks shall not have the effect of bearing the assets of the Fund in the currency of a Member State which is used in the redemption beyond the level at which such assets are subject to commissions under section 8, para. (b) (ii) of this article.
(j) (i) If the currency of a Member State specified by the Fund in accordance with par. (i) above is not a freely usable currency, that Member State guarantees that the Member State which redeems it may obtain it, at the time of redemption, against a freely usable currency chosen by the Member State whose currency has been Specified. The exchange of currencies under this provision shall be effected at a rate of exchange between the two currencies equivalent to the exchange rate applicable between them on the basis of section 7, para. (a) art. XIX.
(ii)
Member States whose currencies are specified by the Fund for redemption shall cooperate with the Fund and with other Member States to enable the Member States making the redemption to obtain, at the time of redemption, the currency specified in Exchange of freely usable currencies of other Member States.
(iii)
The exchange under para. (i) above of this paragraph. (j) shall be carried out with the Member State whose currency is specified unless the latter and the Member State making the redemption agree to another procedure.
(iv)
If a Member State which makes a redemption wishes to obtain, at the time of redemption, the freely usable currency of another Member State specified by the Fund in accordance with paragraph 1. (i) above, it shall, if the other Member State so requests, obtain from the other Member State this currency in exchange for a freely usable currency at the exchange rate referred to in para. (i) above of this paragraph. (j). The Fund may adopt regulations in respect of the freely usable currency to be provided in an exchange.

Section 8: Commissions

(a) (i) The Fund shall collect a commission on the purchase by a Member State of special drawing rights or of the currency of another Member State held in the General Resources Account against its own currency, provided that the Fund may collect Lower commission on purchases in the reserve band than on other purchases. The commission charged on purchases in the reserve band does not exceed ½ %.
(ii)
The Fund may decide to receive a commission under Stand-By Arrangements or similar arrangements. The Fund may decide to compensate between the commission due under a confirmation agreement and the commission charged under para. (i) above on purchases made under the said Agreement.
(b)
The Fund collects commissions on the average daily balances in the Member States' currencies held in the General Resources Account, to the extent that
(i)
They were acquired under a policy for which an exclusion was provided for under subs. (c) of s. XXX, or
(ii)
Exceeds the amount of the quota after the exclusion of all amounts referred to in para. (i) above.
The rates of these commissions are normally increased at given intervals during the period during which these balances are held.
(c)
If a Member State does not make a redemption which it is required to make under Section 7 of this Article, the Fund, after consulting the Member State on the reduction of the Fund's assets in its currency, may impose any committee on the Fund Act as appropriate on its assets in the currency of the Member State which should have been redeemed.
(d)
The majority of 70 per cent of the total number of votes allocated is required for the determination of the rates of commissions charged under subs. (a) and (b) above, which are uniform for all Member States, and commissions charged under subs. (c) above.
(e)
A Member State shall settle all committees in special drawing rights, provided that, in exceptional circumstances, the Fund may allow a Member State to pay commissions in currencies of other Member States specified by the Fund after consultation with the Member States concerned or in its own currency. The assets of the Fund in the currency of a Member State shall not be worn, as a result of payments made by other Member States under this provision, beyond the level from which they are subject to commissions in Under s. (b) (ii) above

Section 9: Compensation

(a)
The Fund shall pay remuneration on the amount corresponding to the excess of the percentage of the quota fixed under par. (b) or (b). (c) below, on the average of the daily balances of the Fund's assets in the currency of a Member State held in the General Resources Account, other than assets acquired as a result of purchases made under a policy that has Is subject to an exclusion in accordance with s. (c) of s. XXX. The rate of pay, which shall be fixed by the Fund by a majority of 70 % of the total number of votes allocated, shall be the same for all Member States and shall not exceed the interest rate referred to in section 3 of Art. XX or less than four fifths of this rate. When establishing the rate of pay, the Fund shall take into account the rates of commission charged in accordance with section 8, para. (b) art. V.
(b)
The percentage of the quota that is applicable for the purposes of s. (a) above is:
(i)
For each Member State which was a member before the second amendment to these Statutes, a percentage of the share corresponding to 75 % of its share at the date of the second amendment to these Statutes and, for each Member State which is Became a member after the date of the second amendment to these Statutes, a percentage of the quota calculated by dividing the total of the amounts corresponding to the percentages of share which applied to the other Member States at the time of the Which the Member State has become a member, by the total contributions of the other Member States to the same Member State Date; plus
(ii)
Amounts that he or she has paid to the Fund since the date applicable under para. (i) above, in currency or special drawing rights in accordance with section 3, para. (a) art. III; less
(iii)
Amounts received from the Fund since the date applicable under para. (i) above, in currency or special drawing rights in accordance with section 3, para. (c), art. III.
(c)
By a majority of 70 % of the total number of votes allocated, the Fund may raise the percentage of the quota which was last applicable to each Member State for the purposes of subs. (a) above, by referring to:
(i)
A percentage not exceeding 100 % which is determined for each Member State on the basis of the same criteria for all Member States, or
(ii)
100 % for all Member States.
(d)
The remuneration shall be paid in special drawing rights, provided that the Fund or the Member State may decide that the payment shall be made in the Member State's own currency.

Section 10: Calculations

(a)
The value of the assets of the Fund held in the Accounts of the General Department is expressed in terms of the Special Drawing Right.
(b)
All calculations relating to the currencies of the Member States for the purposes of applying the provisions of these Statutes, other than those of Art. IV and Annex C shall be carried out at the rates to which the Fund accounts for these currencies in accordance with Section 11 of this Article.
(c)
The currency held in the Special Remittances Account or the Investment Account shall not enter into the calculations made to determine, for the purposes of applying the provisions of this Statute, the amounts of money in relation to the quota.

Section 11: Maintenance of value

(a)
The value of the currencies of the Member States held in the General Resources Account shall be maintained in accordance with the Special Drawing Right in accordance with the exchange rates referred to in Section 7, para. (a) art. XIX.
(b)
An adjustment shall be made to the assets of the Fund in the currency of a Member State in accordance with this Section when that currency is used in an operation or transaction between the Fund and another Member State, and whenever the Fund Decides or that the Member State so requests. Payments relating to an adjustment, received or made by the Fund, shall be made within a reasonable period of time, as determined by the Fund, after the date of the adjustment, or at another time if the Member State so requests.

Section 12: Other transactions and transactions

(a)
In adopting its policies and decisions in accordance with the provisions of this section, the Fund shall take due account of the objectives set out in section 7 of the Art. VIII and the objective of avoiding any action on the price or establishment of a fixed price in the gold market.
(b)
All decisions of the Fund to carry out transactions or transactions under subs. (c), (d) and (e) below shall be taken by a majority of 85 % of the total number of votes allocated.
(c)
The Fund may sell gold against the currency of any Member State after consulting the Member State in exchange for the currency of which the gold is to be sold, on the understanding that the sale shall not have the effect of bearing, without the consent of that State Member State, the assets of the Fund in the currency of the Member State held in the General Resources Account beyond the level from which they are subject to committees pursuant to Section 8, para. (b) (ii) of this Article, and, on the understanding that, at the request of the Member State, the Fund shall, at the time of sale, exchange the currency received against the currency of another Member State, to the extent necessary to avoid such exceedance. The exchange of a currency against the currency of another Member State shall be effected after consultation of that Member State and shall not have the effect of bearing the assets of the Fund in the currency of that Member State beyond the level at which they are Subject to commissions under section 8, para. (b) (ii) of this article. The Fund shall adopt trade policies and procedures that take into account the principles applied under Section 7, para. (i) of this article. Sales made to a Member State under this provision shall be sold at an agreed price for each transaction on the basis of market prices.
(d)
The Fund may accept from a Member State gold payments in lieu of special drawing rights or currency in any transactions or transactions authorised by these Statutes. Payments received by the Fund in accordance with this provision shall be made at an agreed price for each transaction or transaction on the basis of market prices.
(e)
The Fund may sell gold held by the Fund at the date of the second amendment to these Articles of Agreement to the Member States which were members as at 31 August 1975 and who agree to purchase, in proportion to their assessed contributions on that date. If the Fund proposes to sell gold under s. (c) above for the purposes of s. (f) (ii) below, it may sell to each developing Member State which agrees to buy, the fraction of the gold that, if it had been sold under subs. (c) above, would have provided the added value which could have been distributed to that Member State under subs. (f) (iii) below. The gold which would be sold under this provision to a Member State which has been declared inadmissible to use the general resources of the Fund in accordance with Section 5 of this Article shall be sold to it where the inadmissibility has ceased, to Less than the Fund decides to sell it earlier. Gold sold to a Member State under the provisions of this paragraph. (e) is in exchange for its currency at an equivalent price at the time of sale to a special drawing right for 0.888 671 grams of fine gold.
(f)
Where, in accordance with the provisions of s. (c) above, the Fund shall sell gold held by the Fund at the date of the second amendment to these Statutes, an amount of the proceeds of the equivalent sale at the time of sale to a special drawing right for 0.888 671 grams of fine gold shall be paid to the Account General resources and, unless otherwise determined by the Fund under s. (g) below, any surplus is held in the Special Remittances Account. Assets held in the Special Remittances Account shall be segregated from the assets of the other accounts of the General Department and may be used at any time:
(i)
To make transfers to the General Resources Account for immediate employment in transactions and transactions authorized by the provisions of these Statutes other than those of this section; or
(ii)
For transactions and transactions not authorized by other provisions of these Statutes but are consistent with the purposes of the Fund. Balance of payments assistance may be granted under special conditions under this paragraph. (ii) to the developing Member States in a difficult situation, and to that end the Fund shall take into account the level of per capita income;
(iii)
For distributions to developing member States that were members as at 31 August 1975, in proportion to their assessed contributions on that date of any part of the assets that the Fund decides to use for the purposes of para. (ii) above, which corresponds to the percentage represented, on the date of distribution, by the quota of each of the developing Member States in the total shares of all Member States on the same date, on the understanding that the Distribution under this provision to a Member State which has been declared inadmissible to use the general resources of the Fund in accordance with Section 5 of this Article shall be made available to it where the inadmissibility has ceased, unless the Funds did not decide to proceed with the distribution earlier.
Decisions concerning the employment of assets under para. (i) above shall be taken by a majority of 70 % of the total number of votes allocated and the decisions under paras. (ii) and (iii) above shall be taken by a majority of 85 % of the total number of votes allocated.
(g)
The Fund may, by a majority of 85 % of the total number of votes allocated, decide to transfer part of the surplus referred to in subs. (f) above to the Investment Account to be employed in accordance with the provisions of Section 6, para. (f), art. XII.
(h) 1
As long as the assets of the Special Remittances Account have not received the jobs provided for in paragraph (f) above, the Fund may use the currency of a Member State held in that Account to make the investments that it decides, in accordance with the Rules and regulations adopted by the Fund by a majority of seventy percent of the total number of votes allocated. Investment income and interest received under para. (ii) of paragraph (f) above shall be credited to the Special Entitlements Account.
(i)
The General Resources Account shall be reimbursed at intervals of the administration of the Special Remittances Account, through transfers from the Special Remittances Account, on the basis of a reasonable estimate of such expenditures.
(j)
In the event of liquidation of the Fund, the Special Remittances Account shall be closed; it may be concluded before the liquidation of the Fund by a decision taken by a majority of 70 % of the total number of votes allocated. Where the closure of the account results from the liquidation of the Fund, the assets held in that account shall be distributed in accordance with the provisions of Annex K. In the event of a closure prior to the liquidation of the Fund, the assets of that account shall be transferred The General Resources Account for immediate employment in transactions and transactions. The Fund shall, by a majority of 70 % of the total number of votes allocated, adopt rules and regulations governing the administration of the Special Entitlements Account.
(k) 2
Where, in accordance with the provisions of paragraph (c) above, the Fund sells gold acquired by the Fund after the date of the second amendment to these Statutes, an amount of the proceeds of the sale equivalent to the acquisition price of the gold shall be paid to the General resources account, and any surplus shall be credited to the Investment Account for use in accordance with the provisions of Section 6, para. (f) art. XII. If the gold acquired by the Fund after the date of the second amendment to these Statutes is sold after 7 April 2008 and before the date of entry into force of this provision, upon the entry into force of this provision, and notwithstanding the Limit set out in Section 6, para. (f), para. (ii) Art. XII, the Fund transfers from the General Resources Account to the Investment Account an amount equal to the proceeds of that sale less:
(i)
The purchase price of the gold sold; and
(ii)
Any amount of this product in excess of the acquisition price and having already been transferred to the Investment Account before the effective date of this provision.

1 New content according to the c. 3 of the D of the Governing Council of 5 May 2008, in force for Switzerland since 18 February 2011 ( RO 2012 3619 ).
2 New content according to the c. 4 of the D of the Governing Council of 5 May 2008, in force for Switzerland since 18 February 2011 ( RO 2012 3619 ).

Art. VI Capital Transfers

Section 1: Use of the general resources of the Capital Transfer Fund

(a)
No Member State may use the general resources of the Fund to cope with large or prolonged outflows of capital, except in accordance with the provisions of Section 2 of this Article. The Fund may invite a Member State to take control measures to prevent such use of its general resources. If, after being so invited, the Member State does not take the appropriate control measures, the Fund may declare it inadmissible to use the general resources of the Fund.
(b)
Nothing in this section shall be considered to have the effect of:
(i)
To prevent the use of the general resources of the Fund for capital transactions of a reasonable amount that are necessary for the expansion of exports or necessary in the ordinary course of commercial, banking or other transactions;
(ii)
To allocate the capital movements which are financed from the resources of the Member State; however, the Member States undertake to ensure that such capital movements are in line with the aims of the Fund.

Section 2: Special provisions on capital transfers

Each Member State has the right to make purchases in the reserve tranche in order to cope with capital transfers.

Section 3: Control of capital transfers

Member States may take the necessary control measures to regulate international capital movements, but no Member State may apply such control measures in a manner which would restrict the Payments for routine transactions or to unduly delay transfers of funds made for the settlement of commitments, except under the conditions set out in section 3, para. (b) art. VII, and section 2 of s. XIV.

Art. VII Reconstitution of the Fund's assets in rare currencies and currencies

Section 1: Measures to replenish the assets of the Fund in currencies

The Fund may, if it deems it appropriate to reconstitute its assets in the currency of a Member State held in the General Resources Account and need it for its transactions, take either of the following or both of the following measures:

(i)
Propose to a Member State that it is lending its currency to the Fund, on the terms and conditions agreed between them, or that the Fund, with the consent of the Member State, borrows this currency from any other source within or outside the Member States. Member States; however, no Member State is obliged to grant such loans to the Fund or to consent to the Fund borrowing its currency from another source;
(ii)
Require the Member State, if it is a participant, to sell its currency to the Fund against Special Drawing Rights held in the General Resources Account subject to the application of the provisions of section 4 of Art. XIX. When reconstituting its assets with special drawing rights, the Fund shall take due account of the principles of designation set out in section 5 of Art. XIX.

Section 2: General currency of a currency

If the Fund finds that a currency tends to become generally rare, it may notify the Member States and publish a report setting out the causes of this rarity and containing recommendations for ending it. A representative of the Member State whose currency is involved is involved in the preparation of this report.

Section 3: Holdings of the fund in a rare currency

(a)
If the Fund finds that the request for the currency of a Member State is in serious danger of making it impossible to provide such currency, it must, whether or not it has published the report referred to in section 2 of this Article, declare that it is unable to supply that currency. Officially that this currency is rare, and will now distribute the amounts in the rare currency of which it has or will dispose, taking due account of the relative needs of the Member States, the international economic situation and all others Relevant considerations. It also publishes a report on the measures it has taken.
(b)
An official declaration made in accordance with paragraph 1. (a) above constitutes an authorisation for any Member State to impose on a temporary basis, after consultation with the Fund, restrictions on the freedom of exchange operations on the rare currency. Subject to the provisions of Art. IV and Annex C, each Member State has sole jurisdiction to determine the nature of these restrictions, but these restrictions are not more stringent than is necessary to limit the application of the rare currency to the amounts of that currency. Owns or is responsible for it; and such restrictions are relaxed and removed as quickly as circumstances permit.
(c)
The authorization referred to in s. (b) shall expire as soon as the Fund has officially declared that the currency in question has ceased to be rare.

Section 4: Applying the restrictions

Any Member State which, in accordance with the provisions of Section 3, para. (b) in this Article, impose restrictions on the currency of another Member State, shall give benevolent attention to the representations that may be made by that Member State concerning the application of these exchange restrictions.

Section 5: Effects of other international agreements on foreign exchange restrictions

Member States agree not to invoke obligations arising from commitments entered into with other Member States prior to these Statutes in a way that impedes the implementation of the provisions of this Article.

Art. VIII General obligations of the Member States

Section 1: Introduction

In addition to the obligations assumed under other provisions of this Statute, each Member State undertakes to comply with the obligations set out in this Article.

Section 2: Non-recourse to restrictions on current payments

(a)
Subject to the provisions of Section 3, para. (b) art. VII and section 2 of s. XIV, no Member State imposes, without the approval of the Fund, restrictions on payments and transfers relating to current international transactions.
(b)
Foreign exchange contracts which involve the currency of a Member State and are contrary to the exchange rules which that Member State maintains in force or which it has introduced in accordance with the present Statute shall not be enforceable on The territories of the other Member States. In addition, Member States may, by mutual agreement, cooperate in measures designed to make the exchange regulations of one of them more effective, provided that such measures and regulations are compatible with the present Statute.

Section 3: Non-recourse to discriminatory monetary practices

Member States shall not use or permit their public financial institutions referred to in Section 1 of Art. V to resort to discriminatory measures against multiple currencies or exchange rate practices, within or outside the margins set out in s. IV or prescribed by Annex C or by virtue of its provisions, unless authorized by these Statutes or have the approval of the Fund. If such measures or practices exist on the date of entry into force of this Statute, the Member State concerned shall enter into consultation with the Fund with regard to their phasing out, unless they are maintained or That they were not brought under section 2 of s. XIV, in which case the provisions of section 3 of that Article shall apply.

Section 4: Convertibility of assets held by other Member States

(a)
Each Member State must purchase the assets in its own currency held by another Member State if the latter, by requesting the purchase, states:
(i)
These assets have been acquired recently as a result of current transactions, or
(ii)
That their conversion is necessary to make payments for current transactions.
The Buyer Member State may pay special drawing rights, subject to the provisions of Section 4 of Art. XIX, or in the currency of the requesting Member State.
(b)
The obligation under s. (a) above does not apply:
(i)
Where the convertibility of assets has been restricted in accordance with section 2 of this section or section 3 of s. VI; or
(ii)
When the assets have accumulated as a result of transactions made before the abrogation by a Member State of restrictions maintained or introduced in accordance with Section 2 of Art. XIV; or
(iii)
Where the assets have been acquired in breach of the foreign exchange regulations of the Member State invited to purchase them; or
(iv)
When the currency of the Member State requesting the purchase has been declared scarce, in accordance with Section 3, para. (a) art. VII; or
(v)
When the Member State invited to make the purchase does not, for any reason, have the right to buy from the Fund the currencies of other Member States in exchange for its own currency.

Section 5: Provision of information

(a)
The Fund may request Member States to provide it with such information as it deems necessary for the conduct of its operations, including the national data on the following points, which are considered to be a necessary minimum to Accomplishment of its mission:
(i)
Official, domestic and external assets: 1) gold; 2) in foreign currency.
(ii)
Domestic and external assets of banking and financial institutions other than official bodies: 1) in gold; 2) in foreign currency.
(iii)
Gold production.
(iv)
Exports and imports of gold, by country of destination and country of origin.
(v)
Total exports and imports of goods, assessed in national currency, by country of destination and country of origin.
(vi)
International balance of payments, including: 1) trade in goods and services; 2) operations on or; 3) known capital operations; and 4) all other positions.
(vii)
The situation of international investment, i.e. foreign investment in the territories of the Member State and investments abroad by residents of the Member State, to the extent that it is possible to provide these Information.
(viii)
National Revenue.
(ix)
Price indices, i.e., commodity prices, wholesale and retail, and import and export prices.
X)
Foreign currency buying and selling courses.
(xi)
Foreign exchange regulation, that is to say the full statement of the rules in force at the time of admission of the Member State to the Fund and the detailed indication of subsequent changes as they occur.
(xii)
If there are formal clearing arrangements, the detailed indication of the amounts outstanding in the settlement of commercial and financial transactions and the amount of time that the arrears remained unpaid.
(b)
When requesting this information, the Fund shall take into account the extent to which the Member State may provide the data requested. Member States are not required to give details on the disclosure of the affairs of individuals or companies. However, the Member States undertake to provide the requested information in as detailed and precise terms as possible and to avoid as far as possible the provision of simple estimates.
(c)
The Fund may make arrangements to obtain, in agreement with the Member States, additional information. It serves as a centre for the gathering and exchange of information on monetary and financial problems, thus facilitating the carrying out of studies to assist member states in developing policies to promote implementation The goals of the Fund.

Section 6: Consultations between Member States on international agreements in force

Where, under the present Statute and in the special or temporary circumstances specified therein, a Member State is authorised to maintain or establish restrictions on foreign exchange operations, and that there is also between the States Members of other undertakings which are prior to these Statutes and which are incompatible with the application of such restrictions, the parties to such undertakings shall consult with a view to making the mutually acceptable amendments which are Necessary. The provisions of this section do not preclude the application of section 5 of s. VII.

Section 7: Obligation to collaborate on policies relating to reserve assets

Each Member State undertakes to cooperate with the Fund and with the other Member States in order to ensure that the policy which it follows with regard to reserve assets is compatible with the objectives of promoting better International monitoring of international liquidity and the making of the Special Drawing Right as the main reserve instrument of the international monetary system.

Art. IX Status, Immunities and Privileges

Section 1: Purpose of this Article

In order to enable the Fund to carry out the functions entrusted to it, the legal status, immunities and privileges defined in this Article shall be granted to the Fund in the territories of each Member State.

Section 2: Legal status of the Fund

The Fund has full legal personality and in particular has the capacity to:

(i)
Contract;
(ii)
Acquire and dispose of movable and immovable property;
(iii)
Legal proceedings.

Section 3: Immunity from jurisdiction

The Fund, its assets and assets, wherever and wherever they are located, enjoy immunity from jurisdiction in all its aspects except to the extent that it expressly waives it for a specified procedure or by virtue of a Contract.

Section 4: Other immunities

The assets and assets of the Fund, wherever and wherever they are held, may not be searched, requisitioning, confiscations, expropriations, or any other form of seizure by the executive or Legislative

Section 5: Inviolability of archives

The archives of the Fund are inviolable.

Section 6: Exemption from restrictions

To the extent necessary for the performance of the activities provided for in this Statute, the assets and assets of the Fund shall be free of any restrictions, regulations, controls and moratoriums of any kind.

Section 7: Communications Privilege

The official communications of the Fund shall be treated by each Member State in the same way as the official communications of the other Member States.

Section 8: Immunities and privileges of employees and employees

Governors, directors, alternates, committee members, designated representatives in accordance with section 3, para. (j), art. XII, counsel for the above persons, employees and employees of the Fund:

(i)
Cannot be prosecuted for acts performed by them in the official exercise of their duties, unless the Fund waives that immunity;
(ii)
When they are not nationals of the State in which they perform their duties, they shall enjoy the same immunities with regard to restrictions on immigration, the registration of aliens and military obligations, and Exchange restrictions, the same advantages as those granted by the Member States to representatives, officials and employees of other Member States of comparable rank; and
(iii)
Shall enjoy, in their movements, the same treatment as that accorded by the Member States to representatives, officials and employees of other Member States of comparable rank.

Section 9: Tax immunities

(a)
The Fund, its assets, assets and revenues, as well as its operations and transactions authorized by these Statutes, are exempt from all taxes and customs duties. The Fund is also exempt from any obligation relating to the collection or payment of any tax or right.
(b)
No tax shall be levied on the salaries and emoluments paid by the Fund to administrators, substitutes, officials or employees of the Fund who are not citizens, subjects or nationals of the country in which they perform their duties.
(c)
No tax of any kind is levied on bonds or securities issued by the Fund, nor on any dividends and interest thereon, regardless of the holder of such securities:
(i)
Whether that tax presents, in respect of those obligations or securities, a discriminatory character based exclusively on their origin;
(ii)
Or if this tax has the sole legal basis, the place or currency of issue, the place or currency of settlement expected or actual, or the territorial situation of an office or agency of the Fund.

Section 10: Application of this Article

Each Member State shall take all relevant provisions on its own territories in order to make effective and incorporate into its own legislation the principles set out in this Article, and shall provide the Fund with a detailed account of the measures it has Taken.

Art. X Relations with other international organizations

The Fund collaborates, within the framework of these Statutes, with international organizations of a general nature, as well as with any public international body with specialized functions in related fields. Any agreement for such collaboration resulting in the amendment of any provision of these Statutes may be applied only after amendment of the said Statute, in accordance with Art. XXVIII.

Art. XI Relations with non-member states

Section 1: Commitments relating to relations with non-member States

The Member States undertake

(i)
Not to carry out and not allow any of the public financial institutions referred to in section 1 of s. V to carry out, with a non-member State or with persons in the territories of that State, transactions which are contrary to the provisions of these Statutes or the purposes of the Fund;
(ii)
Not to cooperate with a non-member State, or with persons in the territories of that State, in practices which are contrary to the provisions of these Statutes or the purposes of the Fund;
(iii)
To cooperate with the Fund with a view to the application, in its territories, of measures to prevent transactions, with non-member States or with persons in the territories of those States, which are contrary to the provisions of the present Statutes or purposes of the Fund.

Section 2: Restrictions on transactions with non-member states

Nothing in this Statute shall affect the right of any Member State to impose restrictions on foreign exchange transactions with non-member States or with persons in their territories, unless the Fund considers that such restrictions are Restrictions are prejudicial to the interests of the Member States and are contrary to its aims.

Art. XII Organization and Administration

Section 1: Structure of the Fund

The Fund shall comprise a Board of Governors, a Board of Directors, a Director General and staff, and shall comprise a College composed of advisers if, by a majority of 85 % of the total number of votes allocated, the Board of Governors shall Decides on the application of the provisions of Annex D.

Section 2: Governing Council

(a)
All powers which, under the present Statute, are not directly conferred on the Governing Council, the Governing Council or the Director General shall be vested in the Governing Council. The Governing Council shall consist of a Governor and an alternate appointed by each of the Member States, in accordance with the procedure laid down by it. Governors and alternates shall remain in office until their successors are appointed. No substitute shall be allowed to vote, except in the absence of the holder. The Governing Council shall select its President from among the Governors.
(b)
The Governing Council may give the Governing Council delegation to exercise all powers of the Governing Council, with the exception of those which, under the present Statute, are conferred directly on the Board of Governors.
(c)
The Governing Council shall hold meetings decided by it or convened by the Governing Council. A meeting of the Governing Council shall be convened when the request is made by fifteen Member States or by Member States with a quarter of the total number of votes allocated.
(d)
For any meeting of the Governing Council, the quorum shall consist of a majority of the governors with at least two-thirds of the total number of votes allocated.
(e)
Each Governor shall have the number of votes allocated under Section 5 of this Article to the Member State which appointed him.
(f)
The Governing Council may, by regulation, establish a procedure for the Governing Council, when it deems it in accordance with the interests of the Fund, to obtain on a specific matter a vote of the governors without convening a meeting of the Board of Governors.
(g)
The Board of Governors, and, to the extent permitted, the Board of Directors, may adopt the necessary or appropriate rules and regulations for the conduct of the affairs of the Fund.
(h)
Governors and alternates shall carry out their functions without remuneration from the Fund, but the Fund may reimburse them for the reasonable costs incurred in attending the meetings.
(i)
The Board of Governors shall determine the remuneration to be allocated to the directors and their alternates, as well as the salary and conditions of the contract of the Director General.
(j)
The Governing Council and the Board of Directors may establish such committees as they deem appropriate. The composition of these committees is not necessarily limited to governors, administrators or their alternates.

Section 3: Board of Directors

(a)
The Board of Directors is responsible for the general conduct of the Fund and, for that purpose, exercises all the powers delegated to it by the Board of Governors.
(b)
The Board of Directors is composed of directors and is chaired by the Director General. Directors are selected as follows:
(i)
Five are appointed by the five Member States with the highest quotas;
(ii)
15 are elected by the other Member States.
For the purpose of each ordinary election of directors, the Board of Governors may, by a majority of 85 % of the total number of votes allocated, increase or reduce the number of directors referred to in para. (ii) above. The number of directors referred to in para. (ii) above is reduced by one or two, as the case may be, if directors are appointed under s. (c) below, unless the Governing Council decides, by a majority of 85 % of the total number of votes allocated, that such reduction hinders the Board of Directors or the directors in the normal course of their duties, or May upset the desirable balance in the Board of Directors.
(c)
In the second ordinary election of directors and thereafter, if, among the member States entitled to appoint an administrator under para. (i) du par. (b) above, are not the two Member States in whose currency the Fund's assets in the General Resources Account have registered, on average, in the two preceding years, the largest reduction in absolute value, expressed in Special drawing rights, below their quota, either of these states, or both, as the case may be, may appoint an administrator.
(d)
Election of elective directors shall be held every two years, in accordance with the provisions of Annex E, which may be added to the Regulations as the Fund deems appropriate. For each ordinary election of directors, the Board of Governors may make regulations amending the percentages of votes required for the election of directors on the basis of Schedule E.
(e) 1
Each director shall appoint an alternate with full powers to act in his place and place in his absence, on the understanding that the Governing Council may adopt rules allowing an administrator elected by a number of Member States exceeding A given number to appoint two alternates. These rules, if adopted, may be amended only on the occasion of the ordinary election of directors and impose on the Administrator who appoint two alternates to designate:
(i)
The alternates who are entitled to act in his place and place in his absence and when the two substitutes are present; and
(ii)
That of the two alternates exercising his powers under paragraph (f) below. Where the directors who appointed them are present, the alternates may take part in the meetings, but without the right to vote.
(f)
Directors remain in office until their successors are appointed or elected. If the post of an elected director becomes vacant more than ninety days before the expiry of his term of office, another director shall be elected for the period remaining to run, by the member States who had elected the previous administrator. The election shall be held by a majority of the votes cast. As long as the position remains vacant, the deputy head of the previous administrator shall exercise the powers of the former administrator, except for the appointment of an alternate.
(g)
The Board of Directors is permanently located at the headquarters of the Fund and meets as frequently as required by the conduct of the Fund's business.
(h)
The quorum for any meeting of the Board of Directors shall be a majority of the directors with at least half of the total number of votes cast.
(i) (i) Each director appointed shall have the right to express a number of votes equal to that of the votes assigned, under section 5 of this article, to the Member State which appointed him.
(ii)
If, as a result of the last ordinary election of directors, the votes assigned to a Member State appointing an administrator under subs. (c) above have been expressed by an administrator who, at the same time, expresses the votes assigned to other Member States, the Member State may agree with each of the other Member States that the votes allocated to it shall be expressed by The named administrator. The Member State which passes such an agreement shall not participate in the election of the directors.
(iii)
Each elected administrator shall have the number of votes counted for his or her election.
(iv)
Where the provisions of Section 5, para. (b) in this section, the number of votes to be disposed of by an administrator shall be increased or decreased accordingly. Any administrator must express the votes he has at his disposal.
(v) 2
When the suspension of the voting rights of a Member State is revoked under section 2b of the Art. XXVI and that the said Member State is not authorised to appoint an administrator, that Member State may agree with all the Member States who have elected an administrator that the votes assigned to it are expressed by that administrator, under Reservation that, if no ordinary election of directors took place during the period of suspension, the administrator at the election of which the Member State had participated before the suspension of its voting rights, or its successor elected under the Provisions of s. 3 (c) (i) of Schedule L or para. (f) above, shall be entitled to express the votes assigned to that Member State. The Member State shall be deemed to have participated in the election of the administrator entitled to express the votes allocated to that Member State.
(j)
The Governing Council shall adopt rules allowing a Member State which is not entitled to appoint an administrator under s. (b) above, to send a representative to any meeting of the Board of Directors where an application by that Member State or a question relating specifically to it is considered.

Section 4: Director-General and staff

(a)
The Board of Directors shall select a Director General who is neither a governor nor an administrator of the Fund. The Director-General shall preside over the meetings of the Board of Directors, without taking part in the vote, but shall have a casting vote in the event of an equal sharing of votes. It may participate in meetings of the Governing Council, but without the right to vote. The functions of the Director-General shall cease when the Governing Council so decides.
(b)
The Director-General is the head of the Fund's services and manages day-to-day affairs under the direction of the Board of Directors. Under the general supervision of the Board of Directors, he is responsible for the organization of the services and the appointment and dismissal of staff members of the Fund.
(c)
The Director General and the staff in the performance of their duties shall have obligations only to the Fund. Each Member State must respect the international character of these functions and refrain from any initiative to influence the staff of the Fund in the performance of its functions.
(d)
In appointing staff, the Director-General, subject to the overriding interest in ensuring the most effective and technically competent competitions in the Fund, must take due account of the importance of recruitment Carried out on as wide a geographical basis as possible.

Section 5: Vote

(a) 3
The total number of votes allocated to each Member State shall be the sum of its basic votes and its votes based on the quota.
(i)
The basic votes of each Member State shall be the number of votes resulting from the equal distribution among all Member States of 5.502 per cent of the total number of votes allocated to all Member States, on the understanding that there is no vote of Fractional basis.
(ii)
The votes based on the quota of each Member State shall be the number of votes resulting from the allocation of one vote for each part of its quota equivalent to one hundred thousand special drawing rights.
(b)
Where a vote is required under sections 4 or 5 of s. V, each Member State shall have the number of votes to which it is entitled under s. (a) above, modified
(i)
By the addition of one vote per tranche equivalent to four hundred thousand special drawing rights of the net sales of its currency held in the General Resources Account made up to the date of the vote; or
(ii)
By subtracting one vote per tranche equivalent to four hundred thousand special drawing rights of the net amount of purchases made by it under section 3, para. (b) and (f), art. V, until the date of the vote;
On the understanding that neither net purchases nor net sales shall be regarded at any time as exceeding an amount equal to the share of the Member State concerned.
(c)
Except as expressly provided, all decisions of the Fund shall be taken by a majority of the votes cast.

Section 6: Reserves, net income distribution and investment

(a)
The Fund determines each year the share of its net income that is allocated to the general reserve, or to the special reserve, and the share which, if any, is distributed.
(b)
The Fund may use the special reserve in any employment to which it may allocate funds from the General Reserve, except for distribution.
(c)
If a one-year net income distribution is carried out, it shall be carried out between all Member States in proportion to their assessed contributions.
(d)
The Fund, by a majority of 70 % of the total number of votes allocated, may at any time decide to distribute any part of the general reserve. Any such distribution shall be made to all Member States in proportion to their assessed contributions.
(e)
The payments referred to in s. (c) and (d) above shall be made in special drawing rights, on the understanding that either the Fund or the Member State may decide that payment to the Member State is made in its currency.
(f) (i) The Fund may open an Investment Account for the purposes of this paragraph. (f). The assets of the Investment Account are segregated from those of the other accounts of the General Department.
(ii)
The Fund may decide to transfer part of the proceeds from the sale of gold to the Investment Account in accordance with Section 12, para. (g), art. V and, by a majority of 70 % of the total number of votes allocated, it may decide to transfer the currencies held in the General Resources Account to the Investment Account for immediate investment purposes. The amount of such transfers shall not exceed the total amount of the general reserve and the special reserve at the time of the decision.
(iii) 4
The Fund may use the currency of a Member State held in the Investment Account to make the investments which it decides, in accordance with the rules and regulations adopted by the Fund by a majority of seventy per cent of the total number of Allocated votes. The rules and regulations adopted under this provision shall be in accordance with the provisions of paras. (vii), (viii) and (ix) below.
(iv)
Investment income may be invested in accordance with the provisions of this paragraph. (f). Uninvested income is held in the Investment Account or can be used to cover expenditure on the conduct of the affairs of the Fund.
(v)
The Fund may use the currency of a Member State held in the Investment Account to obtain the currencies necessary to cover expenditure relating to the conduct of the affairs of the Fund.
(vi) 5
The Investment Account shall be closed in the event of liquidation of the Fund and may be terminated, or the amount of the investment may be reduced, prior to liquidation by a decision taken by a majority of seventy per cent of the total number of Allocated votes.
(vii)
Where the closure of the Investment Account results from the liquidation of the Fund, the assets held in that account shall be distributed in accordance with the provisions of Annex K, on the understanding that the portion of those assets corresponding to the share of the assets Transferred to this account under section 12, para. (g), art. V, in the total assets transferred to the account, is deemed to be held in the Special Remittances Account and is distributed in accordance with the provisions of subs. 2 (a) (ii) of Annex K.
(viii)
In the case of closure of the Investment Account prior to the liquidation of the Fund, the portion of the assets held in that account that corresponds to the share of the assets transferred to that account under section 12, para. (g), art. V, in the total assets transferred to the account, is transferred to the Special Remittances Account if the account has not been closed, and the balance of the assets held in the Investment Account is transferred to the General Employment Resources Account Immediate in transactions and transactions.
(ix)
In the event of a reduction in the amount of the investment by the Fund, the fraction of the reduction corresponding to the share of the assets transferred to the Investment Account under section 12, para. (g), art. V, in the total assets transferred to the account, is transferred to the Special Remittances Account if the account has not been closed, and the balance of the reduction is transferred to the General Resources Account for immediate employment in operations and Transactions.

Section 7: Publishing reports

(a)
The Fund shall publish an annual report containing an audited statement of its accounts and shall publish, at intervals of not more than three months, a summary of its operations and transactions and its holdings of special drawing rights, in gold and in currencies of the Member States.
(b)
The Fund may publish any other reports it deems appropriate in order to achieve its objectives.

Section 8: Communication of the views of the Fund to the Member States

The Fund may, at any time, make informally known to a Member State its views on any matter arising in the application of these Statutes. The Fund may, by a majority of 70 % of the total number of votes allocated, decide to publish a report to a Member State on its monetary situation or economic situation and their development, if they tend to provoke a serious Imbalance in the international balance of payments of the Member States. If the Member State is not entitled to appoint an administrator, it shall have the right to be represented in accordance with Section 3, para. (j) of this article. The Fund does not publish a report which would imply changes in the fundamental structure of the economic organisation of the Member States.


1 New content according to the c. 1 of the D of the Governing Council of 28 April 2008, in force for Switzerland since 3 March 2011 ( RO 2012 3619 ).
2 Introduced by the amendment of 28 June 1990, in force for Switzerland since 11 Nov 1992 (RO 1993 2351).
3 New content according to the c. 2 of the D of the Governing Council of 28 April 2008, in force for Switzerland since 3 March 2011 ( RO 2012 3619 ).
4 New content according to the c. 1 of the D of the Governing Council of 5 May 2008, in force for Switzerland since 18 February 2011 ( RO 2012 3619 ).
5 New content according to the c. 2 of the D of the Governing Council of 5 May 2008, in force for Switzerland since 18 February 2011 ( RO 2012 3619 ).

Art. XIII Seat and depositary

Section 1: Headquarters

The seat of the Fund shall be established in the territory of the Member State whose share is the highest; agencies or offices may be established in the territories of other Member States.

Section 2: Depositaries

(a)
Each Member State shall designate as the depositary of all the assets of the Fund in its currency its central bank or, failing that, such other institution which may be approved by the Fund.
(b)
The Fund may retain its other assets, including gold, from the depositories designated by the five Member States with the highest assessed contributions and such other designated depositories as the Fund may choose. At the beginning, at least half of the assets of the Fund shall be held by the depositary designated by the Member State in whose territories the Fund has its seat, and at least 40 % shall be held by the depositaries designated by the other four Member States Above. However, for all transfers of gold, the Fund shall take due account of the transport costs and its likely needs. In serious circumstances, the Board of Directors may transfer all or part of the Fund's assets to any place that provides sufficient security.

Section 3: Guarantee of the Fund's assets

Each Member State shall guarantee all assets of the Fund against losses due to the failure or failure of the depositary designated by that Member State.

Art. XIV Transitional provisions

Section 1: Notification

Each Member State must notify the Fund if it intends to avail itself of the transitional provisions provided for in Section 2 of this Article or if it is prepared to fulfil the obligations referred to in Sections 2, 3 and 4 of Art. VIII. As soon as a Member State availing itself of the transitional provisions is ready to assume the aforementioned obligations, it shall notify the Fund accordingly.

Section 2: Foreign exchange restrictions

Notwithstanding the provisions of any other Article of this Statute, Member States which have notified the Fund that they intend to avail themselves of the transitional provisions referred to in this Article may maintain and adapt to changes in Circumstances the restrictions on payments and transfers relating to current international transactions that were in effect on the date on which they became members. The Member States must, however, in their foreign exchange policy, have constant regard for the purposes of the Fund; as soon as the conditions permit, they must take all possible measures to agree with the other Member States of the Trade and financial arrangements to facilitate international payments and the promotion of a stable exchange rate system. In particular, Member States shall abolish the restrictions maintained in force under this Section as soon as they consider themselves in a position to balance their balance of payments without such restrictions in a manner that does not impede Unduly access to the general resources of the Fund.

Section 3: The Fund's Action on Restrictions

The Fund shall report annually on the exchange restrictions in force pursuant to Section 2 of this Article. Any Member State which maintains restrictions incompatible with Sections 2, 3 or 4 of Art. VIII consults annually with the Fund in respect of their continuance. The Fund may, if it considers it necessary because of exceptional circumstances, declare to the Member State that the conditions are favourable for the removal of such a particular restriction or of all restrictions contrary to the provisions Any other articles of the Statute. A sufficient period of reply shall be granted to the Member State concerned. If the Fund finds that the Member State persists in maintaining restrictions incompatible with the purposes of the Fund, the provisions of Section 2, para. (a) art. XXVI shall become applicable to that Member State.

Art. XV Special Drawing Rights

Section 1: 1 Authority to Allocate Special Drawing Rights

(a)
In order to add, where and to the extent that the need arises, to existing reserve instruments, the Fund is authorized to allocate special drawing rights, in accordance with the provisions of Art. XVIII, to member States participating in the Special Drawing Rights Department.
(b)
In addition, the Fund shall allocate special drawing rights, in accordance with the provisions of Annex M, to Member States participating in the Special Drawing Rights Department.

Section 2: Calculation of the value of the special drawing right

The method of calculating the value of the special drawing right shall be fixed by the Fund by a majority of 70 % of the total number of votes allocated, provided that the majority of 85 % of the total number of votes allocated is required for a Change in the principle of value-setting or fundamental change in the application of the existing principle.


1 New content according to the c. 1 of the D of the Governing Council of 23. 1997, in force for Switzerland since 10 August 2009 ( RO 2012 3619 ).

Art. XVI General Department and Department of Special Drawing Rights

Section 1: Separate accounting of transactions and transactions

All transactions and transactions involving special drawing rights are carried out through the Special Drawing Rights Department. All other transactions and transactions on behalf of the Fund authorized by or under these Statutes shall be carried out through the General Department. Transactions and transactions authorized by section 2 of s. XVII is carried out through both the General Department and the Special Drawing Rights Department.

Section 2: Separate accounting of assets and assets

All assets and assets belonging to the Fund, with the exception of resources managed under section 2, para. (b) art. V, are held in the General Department, on the understanding that the assets and assets acquired under section 2 of s. XX, s. XXIV and XXV and Annexes H and I, are held in the Special Drawing Rights Department. Under no circumstances shall the Fund use the assets or assets held in a department to discharge the obligations, honour commitments or compensate losses arising out of transactions and transactions effected through the other Department; however, the costs incurred in the conduct of the operations of the Department of Special Drawing Rights are paid by the General Department Fund, which is reimbursed by special drawing duty intervals by distribution of These costs among the participants, in accordance with section 4 of s. XX, after a reasonable estimate of the said costs.

Section 3: Registration and information

Changes in the holdings of special drawing rights shall take effect only on the date of their inclusion by the Fund in the books of the Special Drawing Rights Department. Participants shall notify the Fund of the provisions of these Statutes in respect of which special drawing rights are used. The Fund may request the participants to provide it with any other information it deems necessary for the purposes of its functions.

Art. XVII Participants and other Special Drawing Rights Holders

Section 1: Participants

As a participant in the Special Drawing Rights Department, any member of the Special Drawing Rights Fund shall deposit an instrument with the Fund stating that it is committed, in accordance with its law, to all obligations implied by the Fund. Participation in the Special Drawing Rights Department, and that it has taken all necessary steps to be able to comply with it, as the quality of the participant is acquired on the date of deposit of the instrument. However, no member shall acquire the quality of a participant until the provisions of the present Statute relating exclusively to the Department of Special Drawing Rights have entered into force and instruments have been deposited Under this Section by a number of Member States comprising at least 75 % of the total amount of assessed contributions.

Section 2: Detention by the Fund

The Fund may hold special drawing rights in the General Resources Account and may accept and use them for transactions and transactions through the General Resources Account with Participants, in accordance with the provisions of these Statutes, or with approved holders, on the terms and conditions prescribed in Section 3 of this Article.

Section 3: Other holders

The Fund may:

(i)
Register as holders of non-member States, non-participating Member States, institutions performing central bank functions for more than one Member State and other official bodies;
(ii)
Prescribing the terms and conditions under which authorized holders may be authorized to hold special drawing rights and may accept and use them in transactions and transactions with participants and with Other approved holders; and
(iii)
Prescribe the terms and conditions under which participants and the Fund, through the General Resources Account, may carry out special drawing rights transactions and transactions with approved holders.

A majority of 85 % of the total number of votes allocated is required for the decisions referred to in para. (i) above. The terms and conditions prescribed by the Fund are in accordance with the provisions of these Statutes and are consistent with the proper functioning of the Special Drawing Rights Department.

Art. XVIII Allocation and Cancellation of Special Drawing Rights

Section 1: Principles and considerations governing allocation and cancellation

(a)
In all decisions relating to allowances and cancellations of special drawing rights, the Fund shall endeavour to meet the long-term global need, where and to the extent that it is felt, to add to the reserve instruments In a way that facilitates the achievement of its goals and avoids economic stagnation and deflation, as well as excess demand and inflation in the world.
(b)
The first decision to allocate special drawing rights takes into account the following special considerations: collective recognition of the existence of an overall need to add to reserves, the achievement of a better balance of balances Payments, and the likelihood of more efficient operation of the adjustment process in the future.

Section 2: Allocating and cancelling

(a)
Decisions taken by the Fund to allocate or cancel special drawing rights shall cover base periods which are consecutive and for a period of five years. The first basic period shall begin on the date of the first decision to allocate special drawing rights or at the later date which may be prescribed in that decision. Allowances and cancellations occur at annual intervals.
(b)
Allowance rates are expressed as a percentage of the quota at the date of each allocation decision. The rates of cancellations are expressed as a percentage of the net cumulative allocations of special drawing rights on the date of each cancellation decision. These percentages are the same for all participants.
(c)
In its decision on any base period, the Fund may decide, notwithstanding the provisions of s. (a) and (b) above, that:
(i)
The duration of the base period is less than or greater than five years; or
(ii)
Allowances or cancellations occur at intervals other than annuels; or
(iii)
The bases of allowances or cancellations are assessed contributions or net cumulative allowances on dates other than those for allocation or cancellation decisions.
(d)
A Member State which acquires the quality of a participant in the course of a basic period receives allowances from the beginning of the next basic period in which allowances are made after it has acquired the quality of Participant unless the Fund decides that the new member begins to receive allowances from the first allowance following the date on which the participant became a participant. If the Fund decides that a Member State which acquires the quality of a participant in a basic period receives allowances for the remainder of that period, and if that participant was not a member of the dates specified in s. (b) or (c) above, the Fund shall determine the basis on which such allowances are made to that participant.
(e)
Any participant shall receive special drawing rights allocations made under an allocation decision, unless:
(i)
The Governor for that participant did not vote in favour of the decision; and
(ii)
The participant has notified the Fund in writing, in advance of the first allocation of special drawing rights made pursuant to that decision, that it does not wish to have special drawing rights allocated to it under it. At the request of a participant, the Fund may decide to terminate the effect of such notification in respect of the allowances of special drawing rights subsequent to that decision.
(f)
If, on the effective date of a cancellation, the amount of the special drawing rights held by a participant is less than its share of the special drawing rights that are to be cancelled, that participant shall eliminate its negative balance as well And, in consultation with the Fund, the position of its raw reserves allows it to do so. Special drawing rights acquired by the participant after the effective date of the cancellation are charged against the participant's negative balance and are cancelled.

Section 3: Important and unexpected events

The Fund may change the rates or intervals of allowances and cancellations during the remainder of a basic period, change the duration of a basic period or open a new base period if at any time the judge Due to significant and unexpected events.

Section 4: Allocation and cancellation decisions

(a)
Decisions under s. (a), (b) and (c) of Section 2 or the provisions of Section 3 of this Article shall be taken by the Board of Governors on the proposal of the Director General to which the Governing Council is associated.
(b)
Before making a proposal, the Director General, after verifying that it is in conformity with the provisions of s. (a) in section 1 of this section, undertake consultations to ensure that the proposal receives broad support from the participants. In addition, prior to making a proposal for the first allocation, the Director General shall ensure that the provisions of s. (b) section 1 of this article have been observed and participants largely agree that allocations should begin; after the establishment of the Department of Special Drawing Rights, it issues a proposal for the first As soon as he has secured these two points.
(c)
The Director General shall submit proposals:
(i)
At least six months before the end of each base period;
(ii)
If no decision has been taken with respect to the allocation or cancellation for a basic period, when he has ascertained that the provisions of s. (b) above have been observed;
(iii)
Where, in accordance with Section 3 of this Article, it considers that it is desirable to change the rates or intervals of allocation or cancellation, to change the duration of a basic period or to open a new base period; or
(iv)
Not more than six months after being invited by the Governing Council or the Board of Directors;
Provided that, under the conditions specified in paras. (i), (iii) or (iv) above, the Director General has ascertained that no proposal he considers to be compatible with the provisions of Section 1 of this Article shall have broad support among the participants in accordance with para. (b) above, it shall report to the Board of Governors and the Board of Directors.
(d)
A majority of 85 % of the total number of votes allocated is required for any decision taken under subs. (a), (b) and (c) of Division 2 or under section 3 of this section, except for decisions under Division 3 relating to a reduction in the allocation rates.
Art. XIX Special Drawing Rights Transactions and Transactions

Section 1: Use of special drawing rights

Special drawing rights may be used in transactions and transactions authorized by these Statutes, or by virtue of their provisions.

Section 2: Transactions and transactions between participants

(a)
Any participant shall be entitled to use his special drawing rights in order to obtain from a participant designated under Section 5 of this Article an equivalent amount of money.
(b)
Any participant may, in agreement with another participant, use his special drawing rights to obtain an equivalent amount of money from him,
(c)
The Fund may, by a majority of 70 % of the total number of votes allocated, prescribe the operations that a participant is authorized to do in agreement with another participant, on the terms and conditions deemed appropriate by the Fund. These terms and conditions must be consistent with the proper functioning of the Special Drawing Rights Department and the proper use of special drawing rights, in accordance with these Statutes.
(d)
The Fund may make representations to the participant who is a party to a transaction or transaction referred to in subs. (b) or (c) above, which, in accordance with the judgment of the Fund, may affect the process of designation in accordance with the principles of section 5 of this section or that is, in other respects, inconsistent with the provisions of s. XXII. A participant who continues to be a party to such transactions or transactions shall be subject to the provisions of Section 2, para. (b) art. XXIII.

Section 3: Criterion of Need

(a)
In transactions referred to in subs. (a) section 2 of this section, and subject to the provisions set out in subs. (c) below, the Fund expects a participant to use its special drawing rights only if it needs to do so because of its balance of payments or the status or evolution of its reserves, and will refrain from doing so at The only purpose of changing the composition of its reserves.
(b)
The use of special drawing rights cannot be challenged on the basis of the rule set out in par. (a) above, but the Fund may make representations to the participant who has not complied with it. A participant who persists in failing to comply shall be subject to the provisions of Section 2, para. (b) art. XXIII.
(c)
The Fund may derogate from the rule set out in s. (a) above for any transaction in which a participant uses special drawing rights to obtain from another participant, designated in accordance with section 5 of this Article, an equivalent amount of money, and which promotes the By the other participant, under section 6, para. (a) in this section, avoids or reduces a negative balance of the other participant or compensates for the effect of a default by the other participant in the rule set out in s. (a) above.

Section 4: Obligation to provide money

(a)
The participant designated by the Fund under Section 5 of this Article shall, on request, provide a freely usable currency to the participant who uses special drawing rights under section 2, para. (a) of this article. The obligation of a participant to provide money ceases when the special drawing rights it holds exceed the net cumulative amount of the rights allocated to it by an amount equal to twice that amount, or to any other limitation Greater than the participant and the Fund may agree.
(b)
Any participant may provide currency beyond the mandatory limit or any agreed upon upper limit.

Section 5: Designation of participants to provide money

(a)
In order to ensure that participants are able to use their special drawing rights, the Fund designates participants to provide money against specified amounts of special drawing rights, for the purposes of Sections 2, para. (a), and 4 of this article. For this designation, it shall observe the general principles set out below, and such other principles as it may adopt from time to time:
(i)
A participant may be appointed if the position of his balance of payments and gross reserves is sufficiently strong, which does not exclude the possibility of designating a participant who has a strong reserve position, even if its balance of Payments are moderately deficient. These participants shall be appointed in such a way as to progressively achieve a balanced distribution among themselves of the assets of special drawing rights.
(ii)
Participants may be appointed for the purpose of promoting the revival under section 6, para. (a) in this section, to reduce the negative balances of assets in special drawing rights or to offset the effect of a breach of the rule set out in section 3, para. (a) of this article.
(iii)
When appointing participants, the Fund normally gives priority to those who need to acquire special drawing rights to achieve the designation objectives set out in para. (ii) above.
(b)
With a view to progressively achieving a balanced distribution of the assets of the Member States in special drawing rights under subs. (a), para. (i), above, the Fund shall apply the designation rules set out in Schedule F or the rules that may be adopted under s. (c) below.
(c)
The designation rules can be reviewed at any time, and new rules will be adopted if necessary. Unless new rules are adopted, the rules in force at the time of the review continue to apply.

Section 6: Reconstitution

(a)
Participants who use their special drawing rights shall reconstitute their assets in accordance with the rules of revival set out in Annex G or any other rules that may be adopted under s. (b) below.
(b)
The rules on recovery can be reviewed at any time and new rules adopted as necessary. Unless new rules are adopted or it is decided to repeal the rules of revival, those in force at the time of the review continue to apply. The majority required for any decision relating to the adoption, amendment or repeal of the rules of revival is 70 % of the total number of votes allocated.

Section 7: Exchange rate

(a)
Subject to the provisions of subs. (b) below, the exchange rates applied for transactions between participants referred to in section 2, para. (a) and (b), of this article, are such that participants using special drawing rights obtain the same value, irrespective of the currencies provided and irrespective of the participants who provide them; the Fund shall adopt Rules for applying this principle.
(b)
By a majority of 85 % of the total number of votes allocated, the Fund may adopt policies enabling it, in exceptional circumstances, by a majority of 70 % of the total number of votes allocated, to authorise the participants who are Transactions in accordance with Section 2, para. (b) in this section, to agree on exchange rates other than those applicable under s. (a) above.
(c)
The Fund consults participants on the procedure to be followed in determining the exchange rates of their currency.
(d)
For the purposes of this provision, the term participant shall also mean the withdrawing participant.
Art. XX Interest and commissions of the Special Drawing Rights Department

Section 1: Interest

The Fund shall pay to all holders of special drawing rights, on the amounts of special drawing rights held by them, an interest in the same rate for all holders. The Fund shall pay to each holder the amount owed to it, whether or not the commissions received are sufficient to ensure payment of the interest.

Section 2: Commissions

Commissions shall be charged by the Fund at a rate that is the same for all participants, on the amount of the net cumulative allocation of special drawing rights of each participant, increased its potential negative balance and the amount of Commissions that he did not pay.

Section 3: Interest rates and commissions

The Fund sets the interest rate by a majority of 70 % of the total number of votes allocated. The rate of commission is equal to the interest rate.

Section 4: Apportionment of costs

When a decision is made to make the refund referred to in section 2 of s. XVI, the Fund shall, at the same rate for all participants, carry out levies on net cumulative allocations.

Section 5: Payment of interest, commissions and levies

Interest, commissions and levies are paid in special drawing rights. A participant who requires special drawing rights to pay a commission or levy has the obligation and the right to obtain them against a currency acceptable to the Fund, in a transaction with the Fund, through the intermediary The General Resources Account. If it cannot obtain a sufficient amount, it has the obligation and the right to obtain it from a participant designated by the Fund against a freely usable currency. The special drawing rights acquired by a participant after the payment deadline are deducted from the commissions that the participant has not paid and are cancelled.

Art. XXI Administration of the General Department and the Special Drawing Rights Department
(a)
The General Department and the Department of Special Drawing Rights shall be administered in accordance with the provisions of Art. XII, subject to the following:
(i)
For all meetings or decisions of the Board of Governors on matters relating exclusively to the Special Drawing Rights Department, it shall not be taken into account-to convene a meeting and to determine whether a quorum is reached or whether a Decision shall be taken by a majority required-than requests expressed by governors appointed by the Member States having the quality of participants, or their presence and the votes they express.
(ii)
For decisions of the Board of Directors on matters relating exclusively to the Special Drawing Rights Department, only those directors appointed or elected by at least one participating Member State shall have the right to Vote. Each of these directors may express the number of votes given to the participating Member State who nominated it, or to the participating Member States whose votes contributed to its election. In order to determine whether a quorum is present or if a decision is taken by a majority required, only the presence of the directors appointed or elected by the Member States having the quality of participants and the votes cast shall be taken into account. Member States with this quality. For the purposes of this provision, a past agreement, pursuant to section 3, para. (i) (ii) Art. XII by a Member State having the quality of a participant, empowers an administrator appointed to vote and to express the number of votes allocated to the Member State.
(iii)
For any questions concerning the general administration of the Fund, including repayments under section 2 of the art. In order to determine whether a question concerns the two departments or the only Department of Special Drawing Rights, decisions are taken as if it were the General Department exclusively. Decisions on the method of calculation of the value of the Special Drawing Right, the acceptance and holding of special drawing rights in the General Department's General Resources Account and their use, as well as other decisions Decisions relating to transactions and transactions effected through the General Resources Account of the General Department and the Department of Special Drawing Rights shall be taken at the majorities required for decisions Relating to questions relating exclusively to each of these Departments. Any decision on an issue of interest to the Special Drawing Rights Department should clarify this fact.
(b)
Apart from the privileges and immunities granted under Art. IX of these Statutes, there is no tax levied on any kind on special drawing rights or on transactions and transactions in special drawing rights.
(c)
A question of interpretation of the provisions of these Statutes on matters relating exclusively to the Department of Special Drawing Rights shall not be submitted to the Administrative Council, in accordance with subs. (a) art. XXIX, that at the request of a participant. In all cases where the Governing Council has rendered a decision on an issue of interpretation exclusively concerning the Department of Special Drawing Rights, only a participant may request that the matter be referred to the Council of Governors under s. (b) art. XXIX. The Governing Council shall decide whether a governor appointed by a non-participating Member State has the right to vote in the Interpretation Committee on matters relating exclusively to the Special Drawing Rights Department.
(d)
If a disagreement arises between the Fund and a participant who has ceased to participate in the Special Drawing Rights Department, or between the Fund and a participant, during the liquidation of the Special Drawing Rights Department, concerning Arising exclusively from participation in the Special Drawing Rights Department, this dispute shall be referred to arbitration in accordance with the procedure provided for in subs. (c) of s. XXIX.
Art. XXII General obligations of participants

Apart from its obligations with regard to special drawing rights in accordance with other Articles of this Statute, each participant undertakes to cooperate with the Fund and with the other participants in order to facilitate the good The operation of the Special Drawing Rights Department and the appropriate use of special drawing rights, in accordance with the provisions of these Statutes and with the objective of making the special drawing right the The main reserve instrument of the international monetary system.

Art. XXIII Suspension of Special Drawing Rights Transactions and Transactions

Section 1: Exception provisions

In the event of serious or unforeseen circumstances, such as to compromise the activities of the Fund in respect of the Department of Special Drawing Rights, the Board of Directors may, by a majority of 85 per cent of the total number of votes cast, Suspend, for a maximum of one year, the application of any provision relating to special drawing rights transactions and transactions; the provisions of section 1, para. (b), (c) and (d), s. XXVII is then applicable.

Section 2: Failure to fulfil obligations

(a)
If the Fund finds that a participant has failed to meet the obligations under section 4 of s. XIX, the right of the participant to use his special drawing rights shall be suspended, unless the Fund decides otherwise.
(b)
If the Fund finds that a participant has failed to meet any of its other special drawing rights obligations, the Fund may suspend the participant's right to use the special drawing rights acquired after that participant Suspension.
(c)
Regulations must be adopted which will ensure that before taking action against a participant one of the measures referred to in s. (a) or (b) above, the Fund shall immediately inform the Fund of the objections raised against it and shall give it the opportunity to present its views orally and in writing. Where the participant is informed of the claims made against him under (a) above, the participant shall refrain from using special drawing rights until the dispute has been settled.
(d)
Suspensions under s. (a) or (b) above, or the limitation under subs. (c) above shall not affect the participant's obligation to provide money in accordance with the provisions of section 4 of Art. XIX.
(e)
The Fund may, at any time, terminate a suspension imposed under s. (a) or (b) above, but a suspension imposed on a participant under subs. (b) above for failure to comply with obligations under Division 6, para. (a) art. XIX, that after a period of one hundred and eighty days from the end of the first calendar quarter in which the participant satisfies the rules of revival.
(f)
The right of a participant to use his special drawing rights shall not be suspended from the fact that it has become inadmissible to use the resources of the Fund under section 5 of the art. V, section I of s. VI or section 2, para. (a) art. XXVI. The mere fact that one of the obligations relating to special drawing rights is missing does not involve the application to a participant of the provisions of section 2 of s. XXVI.
Art. XXIV Termination of Participation

Section 1: Right to terminate participation

(a)
Any participant may, at any time, terminate its participation in the Special Drawing Rights Department by notifying in writing its decision addressed to the headquarters of the Fund. Its participation shall terminate on the date on which the notification is received.
(b)
Any participant who withdraws from the Fund is deemed to have at the same time put an end to his participation in the Special Drawing Rights Department.

Section 2: Settlement of accounts in the event of cessation of participation

(a)
When a participant terminates membership in the Special Drawing Rights Department, all Special Drawing Rights transactions and transactions are terminated, unless they are authorized under an agreement. As per s. (c) below, in order to facilitate the settlement, or sections 3, 5 and 6 of this section or Schedule H otherwise provide. Interest and commissions due on the date of cessation of participation and levies fixed before that date, but not yet paid, are paid in special drawing rights.
(b)
The Fund has an obligation to redeem all special drawing rights held by the withdrawing participant and that participant has an obligation to pay to the Fund an amount equal to its increased net cumulative allocation of all other amounts due Due to its participation in the Special Drawing Rights Department. Compensation shall be made between those obligations and the amount of special drawing rights held by the withdrawing participant and that the participant uses, for the purposes of such compensation, to extinguish his obligations to the Fund shall be cancelled.
(c)
The settling of accounts between the withdrawing participant and the Fund, relating to all the obligations of the participant or the Fund which subsist after the compensation referred to in subs. (b) above shall be done amicably and within a reasonable period of time. If an amicable settlement does not occur quickly, the provisions of Annex H shall become applicable.

Section 3: Interest and commissions

After the termination date, the Fund will pay interest on the Special Drawing Rights held by the withdrawing participant, and the Fund will pay commissions on any amount owing to the Fund. These payments are made in special drawing rights on the dates and rates prescribed by s. XX. A withdrawing participant shall have the right to acquire special drawing rights in exchange for a freely usable currency, to pay commissions or levies, by means of a transaction with a participant designated by the Fund or by Agreement with another holder, or to dispose of special drawing rights received as an interest in a transaction with a designated participant in accordance with section 5 of s. XIX, or by agreement with another holder.

Section 4: Settlement of obligations to the Fund

The Fund shall use the currency received from a participant who withdraws to redeem the special drawing rights held by the participants, in proportion to the amount of special drawing rights each of them holds in excess of their allowance Net cumulative at the time the Fund receives this currency. The special drawing rights so redeemed and the special drawing rights acquired by a participant who withdraws in accordance with the provisions of these Statutes to make a payment due under an amicable settlement agreement or Of Annex H, which shall be deducted from this payment, shall be cancelled.

Section 5: Settlement of obligations to a withdrawing participant

Where the Fund is required to redeem the special drawing rights held by a withdrawing participant, the redemption shall be effected with the currency provided by participants designated by the Fund in accordance with the principles set out in section 5 of the Fund. Art. XIX. Each of the designated participants shall provide the Fund, at its choice, with the currency of the withdrawing participant or a freely usable currency, and shall receive an equivalent amount of special drawing rights. However, with the permission of the Fund, a withdrawing participant may use his special drawing rights to acquire from any holder, his or her own currency, freely usable currency or any other currency.

Section 6: General Resources Account transactions

In order to facilitate the settlement with the withdrawing participant, the Fund may decide that the participant shall:

(i)
Use the special drawing rights that it holds after the compensation under section 2, para. (b) in this article, when they are to be redeemed, in a transaction with the Fund made through the General Resources Account, to acquire, at the option of the Fund, its own currency or a freely usable currency, or
(ii)
Acquire special drawing rights in a transaction with the Fund through the General Resources Account, in exchange for a currency acceptable to the Fund, to pay a commission or to make a payment under a Agreement or under the provisions of Annex H.
Art. XXV Liquidation of the Special Drawing Rights Department
(a)
The liquidation of the Special Drawing Rights Department can only be effected by a decision of the Board of Governors. In the event of an emergency, if the Administrative Council decides that it may be necessary to liquidate the Special Drawing Rights Department, it may, pending a decision of the Board of Governors, temporarily suspend the allowances, the Cancellations and all special drawing rights transactions and transactions. If the Governing Council decides on the liquidation of the Fund, its decision involves the liquidation of both the General Department and the Department of Special Drawing Rights.
(b)
If the Governing Council decides to liquidate the Special Drawing Rights Department, any allowances or cancellations of special drawing rights and all transactions and transactions in special drawing rights, except those which Concerning the orderly settlement of the obligations of the participants and of the Special Drawing Rights Fund; all obligations relating to the special drawing rights assumed by the Fund and by the participants under the present Statutes also cease, with the exception of those set out in this Article, in respect of . XX, at para. (d) of s. XXI, art. XXIV, para. (c) of s. XXIX and Annex H, as well as in any agreement to which they have reached pursuant to Art. XXIV, subject to the provisions of paragraph 4 of Annex H, and Annex I.
(c)
During the liquidation of the Department of Special Drawing Rights, interest and commissions due on the date of liquidation and levies fixed before that date, but not yet paid, shall be paid in special drawing rights. The Fund is required to redeem all special drawing rights held by holders and each participant is required to pay to the Fund an amount equal to its net cumulative allocation of special drawing rights plus any other amounts Due to its participation in the Special Drawing Rights Department.
(d)
The liquidation of the Special Drawing Rights Department shall be carried out in accordance with the modalities set out in Annex I.
Art. XXVI Withdrawing

Section 1: Right of withdrawal of Member States

Any Member State may withdraw from the Fund at any time by notifying it in writing of its decision addressed to the headquarters of the Fund. The withdrawal shall take effect on the date of receipt of the notification.

Section 2 1 : Mandatory removal

(a)
If a Member State fails to fulfil one of its obligations under this Statute, the Fund may declare it inadmissible to use the general resources of the Fund. Nothing in this section shall be deemed to limit the scope of the provisions of section 5 of s. V, or section 1 of s. VI.
(b)
If, after the expiration of a reasonable period of time opened by a declaration of inadmissibility referred to in par. (a) above, the Member State persists in not fulfilling one of its obligations under these Statutes, the Fund may, by a decision taken by a majority of 70 % of the total number of votes allocated, suspend the voting rights of the Member State. The provisions of Annex L shall apply during the period of suspension. The Fund may, by a decision taken by a majority of 70 % of the total votes allocated, revoke the suspension at any time.
(c)
If, after the expiration of a reasonable period of time opened by a decision of suspension referred to in s. (b) above, the Member State persists in not fulfilling one of its obligations under these statutes, it may be put in place to withdraw from the Fund, by a decision of the Board of Governors taken by a majority of the governors with 85 % of the total number of votes allocated.
(d)
Regulations shall be adopted, which shall ensure that, before taking action against a Member State any of the measures referred to in subs. A, b or c above, the Fund shall inform the Member State, in reasonable time, of the objections raised against it and shall give it The opportunity to express both orally and in writing.

1 New content according to the amendment of 28 June 1990, in force for Switzerland since 11 Nov 1992 (RO 1993 2351).

Art. XXVII Exception Arrangements

Section 1: Temporary suspension

(a)
In serious or unforeseen circumstances, such as to jeopardise the activities of the Fund, the Board of Directors may, by a majority of 85 % of the total number of votes allocated, suspend the application of any provision for up to one year In the following enumeration:
(i)
Sections 2, 3, 7 and 8, para. (a), (i) and (e), art. V;
(ii)
Section 2 of the Art. I;
(iii)
Section 1 of Art. XI;
(iv)
By. 5 of Annex C.
(b)
The application of any of the provisions referred to in s. (a) above shall not be suspended for more than one year, except by the Board of Governors, which, by a majority of 85 % of the total number of votes allocated, may extend the suspension for a further period of up to two years, if Finds that the serious or unexpected circumstances referred to in subs. (a) above still exist.
(c)
The Board of Directors may, by a decision taken by a majority of the votes cast, suspend a suspension at any time.
(d)
The Fund may adopt regulations relating to the subject-matter of a provision during the period in which the application of that provision is suspended.

Section 2: Liquidation of the Fund

(a)
The liquidation of the Fund may only be carried out under a decision of the Governing Council. If, in serious circumstances, the Governing Council decides that it may be necessary to liquidate the Fund, it may temporarily suspend all transactions and transactions, pending the decision of the Board of Governors.
(b)
If the Governing Council decides to proceed with the liquidation of the Fund, the Fund shall immediately cease all activities which are not subject to the orderly recovery and liquidation of its assets and the settlement of its liabilities All Member States' obligations under these Statutes shall terminate, except those resulting from this Article, from subs. (c) of s. XXIX, para. 7 of Annex J, and Annex K.
(c)
The liquidation shall be carried out in accordance with the procedure laid down in Annex K.
Art. XXVIII Amendments
(a)
Any proposal for amendments to these Statutes, whether by a Member State, a Governor or the Board of Directors, shall be communicated to the President of the Governing Council, who shall submit it to the Governing Council. If the said Council approves the proposed amendment, the Fund shall, by circular letter or telegram, request all Member States if they accept the proposed amendment. Where three fifths of the Member States which have 85 % of the total number of votes allocated have accepted the proposed amendment, the Fund shall act by official communication addressed to all Member States.
(b)
Notwithstanding the provisions of s. (a) above, the consent of all Member States is required for any amendment amending:
(i)
The right to withdraw from the Fund (section 1 of s. XXVI);
(ii)
The provision that the share of a Member State cannot be amended without its consent (Section 2, Par. (d), art. III); and
(iii)
The provision that the parity of the currency of a Member State may be amended only on the proposal of that Member State (para. 6 of Annex C).
(c)
The amendments will enter into force, for all Member States, three months after the date of the official communication, unless the circular letter or telegram specifies a shorter period.
Art. XXIX Interpretation
(a)
Any question of interpretation of the provisions of these Statutes which would arise between a Member State and the Fund or between Member States shall be referred to the Administrative Council for decision. If the question particularly affects a Member State which is not entitled to appoint an administrator, that Member State may be represented in accordance with Section 3, para. (j), art. XII.
(b)
In all cases where the Board of Directors has rendered a decision in accordance with s. (a) above, any Member State may request, within three months from the date of that decision, that the matter be referred to the Governing Council, the decision of which is without appeal. Any questions referred to the Governing Council shall be examined by an interpretation committee of the Governing Council. Each member of the Committee shall have one vote. The Governing Council shall determine the composition of the Committee, the procedures to be followed and the majorities required for its votes. Any decision adopted by this Committee shall be a decision of the Governing Council, unless it decides otherwise by a majority of 85 % of the total number of votes allocated. Pending the decision of the Governing Council, the Fund may, in so far as it deems it necessary, act in accordance with the decision of the Board of Directors.
(c)
Any disagreement between the Fund and a Member State which has withdrawn or, during the winding-up of the Fund, between the Fund and a Member State, shall be submitted to a tribunal composed of three arbitrators: one appointed by the Fund, the second by the Member State Or the former Member State, the third being an arbitrator appointed, unless the parties otherwise agree, by the President of the International Court of Justice or by such other authority as may be provided for by a regulation adopted by the Fund. The arbitrator shall have full powers to settle all matters of procedure on which the parties disagree.
Art. XXX Explanation of terms used

For the interpretation of the provisions of these Statutes, the Fund and its Member States shall be based on the following:

(a)
The Fund's assets in the currency of a Member State held in the General Resources Account shall include all securities accepted by the Fund in accordance with Section 4 of Art. III.
(b)
By agreement of confirmation, it is necessary to hear a decision by which the Fund gives a Member State the assurance that it may, in accordance with that decision, make purchases in the General Resources Account for a specified period of time and Up to a specified amount.
(c)
By purchase in the reserve tranche, the purchase by a Member State of special drawing rights or of the currency of another Member State, in exchange for its own currency, which does not have the effect of bearing the assets of the Fund in the currency of that Member State Member State which is held in the General Resources Account at an amount higher than the Member State's share. However, for the purposes of this definition, the Fund may exclude purchases and assets under:
(i)
Policies related to the use of its general resources for offsetting export fluctuations;
(ii)
Policies relating to the use of its general resources for the financing of contributions to international primary commodity inventories; and
(iii)
Other policies relating to the use of its general resources, where the Fund, by a majority of 85 % of the total number of votes allocated, decides to exclude them.
(d)
Payments for current transactions include payments that are not subject to the transfer of capital, including:
1)
All payments due in respect of foreign trade and other current transactions, including services, as well as normal short-term banking and credit facilities;
2)
Payments due as interest on loans or net income from other investments;
3)
Payments of a moderate amount for amortization of direct loans or investments;
4)
Remittances of a moderate amount for family expenses.
The Fund may, after consultation with the Member States concerned, decide whether certain specific transactions should be regarded as common transactions or capital transactions.
(e)
A net cumulative allocation of special drawing rights shall mean the set of special drawing rights that have been allocated to a participant, net of those that have been cancelled under Division 2, para. (a) art. XVIII.
(f)
A freely usable currency means the currency of a member state whose Fund decides that it is (i), in fact, widely used to settle international transactions, and (ii) commonly traded in the major foreign exchange markets.
(g)
"Member States which were members as at 31 August 1975" shall be deemed to include any Member State which has accepted the quality of membership after that date, pursuant to an admission resolution adopted by the Board of Governors prior to that date. This date.
(h)
By transaction of the Fund, it is necessary to hear the exchange by the Fund of Monetary Assets against other monetary assets; by operation of the Fund, any other act in which the Fund uses or receives monetary assets must be understood.
(i)
A special drawing rights transaction involves the exchange of special drawing rights against other monetary assets; by special drawing rights operations, all other special drawing rights jobs must be heard.
Art. XXXI Final provisions

Section 1: Coming into force

This Agreement shall enter into force as soon as it is signed on behalf of the Governments comprising 65 per cent of the total assessments listed in Annex A and the instruments referred to in Section 2, para. (a) this Article shall be deposited on their behalf; this Agreement shall not, under any circumstances, enter into force before 1 Er May 1945.

Section 2: Signature

(a)
Each Government on whose behalf this Agreement is signed shall file with the Government of the United States of America an instrument in which it affirms that it has accepted this Agreement in accordance with its laws and has taken all the Necessary measures to enable it to fulfil all its obligations under this Agreement.
(b)
Each country shall become a member of the Fund on the date of deposit in its name of the instrument referred to in s. (a) above, on the understanding that no country may become a member before this Agreement comes into force under section 1 of this Article.
(c)
The Government of the United States of America shall inform the Governments of all the countries listed in Annex A, and the Governments of all countries whose accession is approved in accordance with Section 2 of Art. II, the signatures to this Agreement and the instruments referred to in s. (a) above, which have been filed.
(d)
At the time this Agreement is signed on its behalf, each Government shall provide to the Government of the United States of America one hundredth of 1 % of all its underwriting in gold or in United States dollars in order to cover administrative expenses The Fund. The Government of the United States of America holds these funds, in deposit, to a special account and transfers them to the Board of Governors of the Fund when the first meeting is convened. If this Agreement did not enter into force on 31 December 1945, the Government of the United States of America shall return these funds to the Governments that paid them.
(e)
This Agreement may be signed in Washington, on behalf of the Governments of the countries listed in Annex A, until 31 December 1945.
(f)
After 31 December 1945, this Agreement may be signed on behalf of the Governments of the countries whose admission has been approved in accordance with Section 2 of Art. II.
(g)
By signing this Agreement, all Governments shall accept both in their own name and in the eyes of their colonies, their Overseas Territories, Territories under their protection, sovereignty or authority and of all Territories on They have a mandate.
(h)
The s. (d) above, shall enter into force for each signatory Government as of the date of its signature.
(In the original text, the following provision, concerning the signature and the filing of the Statute, appears as a result of Art. XX.)

Done at Washington, in a single copy which shall be deposited in the Archives of the Government of the United States of America, which shall transmit certified copies to all Governments listed in Annex A and to all those who will be Admitted as members under the provisions of s. II, section 2.

(Suivent signatures)

Annex A

Quotes-parts

(In mio. United States)

(In mio. United States)

Australia

200

Belgium

225

Bolivia

10

Brazil

150

Canada

300

Chile

50

China

550

Colombia

50

Costa Rica

5

Cuba

50

Denmark *

-

Egypt

45

El Salvador

2.5

Ecuador

5

United States

2750

Ethiopia

6

France

450

Greece

40

Guatemala

5

Haiti

5

Honduras

2.5

India

400

Iraq

8

Iran

25

Iceland

1

Liberia

0.5

Luxembourg

10

Mexico

90

Nicaragua

2

New Zealand

50

Norway

50

Panama

0.5

Paraguay

2

Netherlands

275

Peru

25

Philippines

15

Poland

125

Dominican Republic

5

United Kingdom

1300

Czechoslovakia

125

South African Union

100

Union of Republics

Soviet socialists

1200

Uruguay

15

Venezuela

15

Yugoslavia

60

*

Denmark's share shall be fixed by the Fund after the Government of Denmark has declared its willingness to sign this Agreement, but without waiting for its signature.


Status on June 20, 2014

Annex B

Transitional provisions for the redemption, payment of additional subscriptions, gold and certain operational matters

1. Member States that have acquired redemption obligations under Section 7, para. (b) art. V, prior to the date of the second amendment to these Statutes and who have not paid them on that date, shall do so no later than the date or the dates on which they were required to pay them, in accordance with the provisions of Present Statutes before the second amendment.

2. The Member State must pay special drawing rights for any obligation to pay gold to the Fund in respect of a redemption or subscription, to which it would not have satisfied the date of the second amendment, but the Fund may prescribe That such payments may be made in whole or in part, in currencies of other Member States specified by it. A non-participant shall pay in the currencies of other Member States specified by the Fund of an obligation which is to be paid in special drawing rights under this provision.

3. For the purposes of s. 2 above, a quantity of 0.888 671 grams of fine gold shall be equivalent to a special drawing right; the amount of money to be paid under subs. 2 will be determined on this basis and on the basis of the value of the currency expressed in special drawing rights on the date of settlement.

4. The currency of a Member State held by the Fund on the date of the second amendment to these Statutes in excess of 75 % of the share of the Member State and which are not subject to the obligation to repurchase under subs. 1 above are redeemed according to the following rules:

(i)
The assets resulting from a purchase are redeemed in accordance with the policy on the use of the general resources of the Fund in which the purchase was made.
(ii)
Other assets shall be redeemed no later than four years after the date of the second amendment of these Statutes.

5. Purchases under subs. 1 above to which does not apply to s. 2, the redemetions referred to in s. 4 and the specification of the currencies provided for in par. 2 above shall be in accordance with the provisions of Section 7, para. (i), art. V.

6. The rules and regulations, rates, procedures and decisions in force at the date of the second amendment to these Statutes shall remain in force until they are amended in accordance with the provisions of these Statutes.

7. As far as provisions have an effect equivalent to the measures referred to in s. (a) and (b) below shall not be applied before the date of the second amendment to these Statutes, the Fund shall

(a)
Sell, to a maximum of 25 million ounces of fine gold, the gold held by him as at 31 August 1975 with those of the Member States which were members on that date and who agree to buy them, in quantities proportional to their assessed contributions on the said date. Any sale to a Member State under this paragraph. (a) shall be settled in its currency at an equivalent price, at the time of sale, to a special drawing right for 0.888 671 grams of fine gold; and
(b)
Sell, up to 25 million ounces of fine gold, the gold held by him as at 31 August 1975 for the benefit of the developing Member States which were members on that date, on the understanding that the fraction of any profit or of any added value On gold corresponding to the percentage by 31 August 1975 of the share of such a Member State in the total quota of all members on that date shall be transferred directly to each of the said Member States. The obligation imposed on the Fund, in certain cases, under section 12, para. (c), art. V, to consult a Member State, to obtain the consent of a Member State or to exchange the currency of a Member State against the currencies of other Member States shall also apply to the currency received by the Fund as a result of sales of gold made in Under this provision, other than sales to a Member State made in exchange for its own currency, and scope to the General Resources Account.

When selling gold in accordance with the provisions of this paragraph. 7, the Fund shall pay to the General Resources Account an amount of proceeds from the sale in the currencies received equivalent, at the time of sale, to a special drawing right for 0.888 671 grams of fine gold, the other assets held by the Fund in Pursuant to arrangements made in accordance with para. (b) above are not recorded with the general resources of the Fund. The assets on which the Fund maintains a right of provision at the end of the arrangements made in accordance with para. (b) above are transferred to the Special Entitlements Account.


Status on June 20, 2014

Annex C

Parities

The Fund shall notify the Member States that parities may be established for the purposes of these Statutes in accordance with the provisions of Sections 1, 3, 4 and 5 of Art. IV, and of this Annex, in relation to the Special Drawing Right or any other common denominator prescribed by the Fund. The common denominator cannot be gold or a currency.

(2) The Member State intending to establish a parity for its currency shall propose a parity to the Fund within a reasonable period of time after the notification given, in accordance with par. 1 above.

3. The Member State which does not intend to establish a parity for its currency, in accordance with par. 1 above, shall enter into consultation with the Fund and ensure that the provisions which it applies in the field of exchange are in accordance with the purposes of the Fund and enable that Member State to fulfil its obligations under section 1 of the Fund. Art. IV.

4. The Fund shall indicate its agreement on the proposed parity or formulate its objections within a reasonable time after receipt of the proposal. The proposed parity does not take effect for the purposes of these Statutes if the Fund objects to it, and the Member State must comply with the provisions of s. 3 above. The Fund cannot raise objections based on the social or political guidelines of the Member State proposing parity.

5. Any Member State which establishes a parity for its currency undertakes, through appropriate measures in accordance with these Statutes, to ensure that the minimum and maximum rates to which its currency is exchanged in its territories, in transactions of Currency exchange, against the currencies of other Member States which have established a parity for their currency, do not differ from the parity of more than 4 ½ % or such other margin, or such other margins, that the Fund may adopt by a majority of 85 % of the Total number of votes allocated.

6. A Member State should propose changing the parity of its currency only to correct or prevent a fundamental imbalance. An amendment may be made only on the proposal of the Member State concerned and after consultation with the Fund.

7. Where an amendment is proposed, the Fund shall indicate that it approves the proposed parity or formulate its objections within a reasonable period of time after receipt of the proposal. The Fund shall indicate its agreement if it finds that the amendment is necessary to correct or prevent a fundamental imbalance. The Fund may not raise objections based on the social or political guidelines of the Member State proposing the amendment. The proposed parity does not take effect for the purposes of these Statutes if the Fund objects to it. The provisions of section 2 of s. XXVI shall apply to any Member State which alters the parity of its currency despite objections from the Fund. The Fund should discourage Member States from maintaining an unrealistic parity.

8. The parity of the currency of a Member State established in accordance with the provisions of these Statutes shall cease to exist for the purposes of these Statutes if the Member State informs the Fund of its intention to terminate this parity. The Fund may object to the elimination of parity by a decision taken by a majority of 85 % of the total number of votes allocated. The provisions of section 2 of s. XXVI shall apply to any Member State which terminates the parity of its currency in spite of the Fund's objection. The parity of the currency of a Member State established in accordance with the provisions of these Statutes shall cease to exist for the purposes of these Statutes if that Member State terminates it in spite of the objection of the Fund, or if the Fund finds that the Member State Does not apply rates to a substantial volume of foreign exchange transactions in accordance with the provisions of subs. 5 above, on the understanding that the Fund makes such a finding only after consulting the Member State and having notified it, with 60 days' notice, that it intends to consider making such a finding.

9. If the parity of the currency of a Member State ceases to exist under the provisions of par. 8 above, that Member State must enter into consultation with the Fund and ensure that the provisions it applies in the field of exchange are compatible with the purposes of the Fund and enable that Member State to fulfil its obligations to the Fund. Section 1 of s. IV.

10. Where the parity of the currency of a Member State has ceased to exist in accordance with subs. 8 above, that Member State may at any time propose a new parity for its currency.

11. Notwithstanding the provisions of s. 6 above, the Fund may, by a majority of 70 % of the total number of votes allocated, change in uniform proportions all parities, if the special drawing right is the common denominator and if the change does not affect the value of the Special drawing right. However, the parity of the currency of a Member State shall not be amended in accordance with this provision if, within seven days of the decision of the Fund, the Member State notifies the Fund that it does not wish to have parity of its currency Be amended by that decision.


Status on June 20, 2014

Annex D

The College

1.
(a) Each Member State which appoints an administrator and each group of member States which appoints an elected director to express the number of votes assigned to it shall appoint an adviser to the College, who shall be a Governor, a Minister of Government Of a Member State or a person of comparable rank, and may appoint not more than seven partners. The Board of Governors, by a majority of 85 % of the total number of votes allocated, may change the number of members who may be appointed. The councillor or associate member shall sit until the appointment of his successor or until the next ordinary election of directors if that election takes place before the appointment.
(b)
The directors or, in their absence, their alternates, and the partners shall have the right to attend the meetings of the College unless the latter decides to hold a restricted meeting. Each Member State and each group of member States which appoints an adviser shall appoint an alternate, who shall have the right to attend the meetings of the College in the absence of the councillor and who is fully entitled to act in his place and place.
2.
(a) The College shall monitor the management and adaptation of the international monetary system, including the continued operation of the adjustment process and the evolution of global liquidity and, in this respect, monitor the evolution of the transfer of resources Real to developing countries.
(b)
The College shall examine the proposed amendments to the Statute submitted in accordance with subs. (a) art. XXVIII.
3.
(a) The Governing Council may delegate to the College the powers of the Governing Council, with the exception of those granted directly to the Board of Governors.
(b)
Each councillor is entitled to express the number of votes assigned by section 5 of s. XII to the Member State or to the group of Member States which has appointed it. A councillor appointed by a group of Member States may express separately the votes assigned to each member state of the group. If the number of votes allocated to a Member State cannot be expressed by an administrator, that Member State may agree with an adviser that it will express the number of votes allocated to the Member State.
(c)
The College shall not, in the exercise of the powers delegated to it by the Board of Governors, take a decision incompatible with a decision taken by the Board; the Board of Directors may not, in the exercise of the The powers delegated to it by the Board of Governors, which are incompatible with a decision taken by the Board or by the College.

4. The College shall select its chairperson from among the councillors, adopt the regulations it deems necessary or appropriate to carry out its functions and determine all aspects of its procedure. The College shall hold meetings decided by it or convened by the Board of Directors.

5.
(a) The College shall have the powers which correspond to those conferred on the Administrative Council by the following provisions: section 2, para. (c), (f), (g) and (j), s. XII; section 4, para. (a), and section 4, para. (c) (iv) art. XVIII; Section 1 of Art. XXIII, and section 1, para. (a) art. XXVII.
(b)
For decisions of the College on matters relating exclusively to the Special Drawing Rights Department, only advisers appointed by a Member State with the quality of a participant shall have the right to vote. Each of these councillors may express the number of votes given to the participating Member State who nominated it or to the participating Member States belonging to the group of Member States which appointed it; it may, in addition, express the votes allocated to a Member State Participant with whom it has agreed, as permitted by the last sentence of section 3 of s. (b) above.
(c)
The College may, by regulation, establish a procedure whereby the Board of Directors obtains a vote from the councillors on a particular matter without a meeting of the College when, in the opinion of the Board of Directors, the College is to take a Decision which cannot be postponed until its next meeting, but does not justify the convening of a special meeting.
(d)
Section 8 of the Art. IX shall apply to councillors, their alternates and partners, as well as to any other person entitled to attend a meeting of the College.
(e)
For the purposes of s. (b) above and by s. (b) in section 3 above, an agreement entered into under Division 3, para. (i) (ii) Art. XII, by a Member State, or by a Member State which is a participant, empowers an adviser to vote and to express the number of votes allocated to the Member State.
(f) 1
Where an administrator is entitled to express the votes assigned to a Member State under section 3 (i) (v) of Art. XII, the adviser appointed by the group whose members elected the administrator shall be entitled to vote and to express the votes allocated to that Member State. The Member State shall be deemed to have participated in the appointment of the councillor entitled to vote and to express the votes allocated to that Member State.

6. The first sentence of section 2, para. (a) art. XII shall be deemed to contain a reference to the College.


1 Introduced by the amendment of 28 June 1990, in force for Switzerland since 11 Nov 1992 (RO 1993 2351).


Status on June 20, 2014

Annex E

Election of administrators

1. Elective directors shall be elected by the votes of the governors allowed to vote.

(2) In the election of elected directors, each of the governors who are allowed to vote shall give to one person all the votes available to him under Division 5, para. (a) art. XII. The fifteen candidates who receive the highest number of votes shall be elected as directors, provided that no one shall be deemed elected if he or she has not obtained at least 4 % of the votes likely to be cast (vote for the election).

3. If there are not 15 elected representatives in the first round of balloting, a second round will be held in which only the governors who voted in the first round for a person who has not been elected, and (b) the governors whose votes are not elected, will take part in the vote (a) Data to an elected representative shall be considered, in accordance with s. 4 below, as having raised the number of votes obtained by the elected candidate to more than 9 % of the votes counted for the election. If, in the second round, there are more candidates than administrators to elect, the person who received the lowest number of votes in the first ballot is ineligible for the second ballot.

4. In order to determine whether the votes cast by a Governor must be considered to have brought the total votes obtained by a person to more than 9 % of the votes cast for the election, it is appropriate to consider these 9 % as including first The votes of the governor who expressed the greatest number, followed by those of the governor who expressed the number immediately below, and so on until the 9 % was reached.

5. Every governor whose votes must be counted in order to carry the total number of votes collected by an elected representative to more than 4 % shall be deemed to have given him all his votes, even if the total number of votes cast in favour of the elected representative is Exceeds 9 %.

6. If, after the second round, fifteen candidates are not elected, additional elections shall be held under the same conditions until 15 candidates are elected, provided that after the election of fourteen administrators, the Fifteenth may be validly elected by a simple majority of the remaining votes and shall be deemed to be elected to the totality of those votes.


Status on June 20, 2014

Annex F

Designation

During the first basic period, the designation rules are as follows:

(a)
Participants who may be designated under Section 5, para. (a) (i), art. XIX shall be for amounts that promote the progressive equalization of the relationship between the amount whose assets in the Special Drawing Rights of the Participants exceed their net cumulative allowances and their official gold holdings and Currency.
(b)
The application form for s. (a) above shall be such that the participants who are eligible to be appointed are.
(i)
For amounts in proportion to their official gold and foreign currency holdings when the reports referred to in s. (a) above are equal; and
(ii)
In order to progressively reduce the difference between the reports referred to in s. (a) above that are low and those that are high.

Status on June 20, 2014

Annex G

Reconstitution

1. During the first basic period, the rules for recovery are as follows:

(a) (i) Each participant shall use and replenish its holdings of special drawing rights so that, five years after the first allocation and at the end of each subsequent quarter, the average of the total amount of its daily assets in Special drawing rights during the most recent five-year period shall not be less than 30 % of the average daily cumulative allocation of special drawing rights during the said period.
(ii)
Two years after the first allocation and at the end of each subsequent month, the Fund shall make calculations for each participant in order to determine whether the participant is to acquire special drawing rights-and, if so, what Amount-from the date the calculation is made from the expiration of any five-year period to comply with the provision of para. (i) above. The Fund shall fix, by regulation, the bases on which these calculations are carried out and the time at which the designation of the participants under section 5, by. (a) (ii) Art. XIX, in order to assist them in complying with the provision of para. (i) above.
(iii)
The Fund shall inform, by special notice, the participant when the calculations referred to in para. (ii) above indicate that it is unlikely that the participant will be able to comply with the provisions of para. (i) above, unless it continues to use special drawing rights for the remainder of the period for which calculations have been made in accordance with para. (ii) above.
(iv)
A participant who needs to acquire special drawing rights to fulfil this obligation is obliged to obtain them, and has the right to do so, against a currency acceptable to the Fund, in a transaction with the Fund made by The General Resources Account. If it is not possible for it to obtain a sufficient amount of special drawing rights in order to fulfil its obligation, the participant is required to obtain them and has the right to do so against a currency freely available to the participant. Participant designated by the Fund.
(b)
Participants also take due account of the desirability of striking a balance between their holdings of special drawing rights and their other reserves.

2. If a participant fails to comply with the rules of revival, it is for the Fund to determine whether the suspension referred to in section 2, para. (b) art. XXIII.


Status on June 20, 2014

Annex H

Termination of Participation

1. If the compensation provided for in section 2, para. (b) art. XXIV shall pay by an obligation to the withdrawing participant and if no agreement on the settlement of the accounts between the Fund and the withdrawing participant occurs within six months of the date of termination of participation, the Funds must redeem this balance of special drawing rights by equal semi-annual instalments over a maximum period of five years from the date of cessation of participation. The Fund shall redeem this balance, at its option, (a) by paying to the participant who withdraws the amounts provided to the Fund by the remaining participants, in accordance with the provisions of Section 5 of Art. XXIV, or (b) by authorizing the withdrawing participant to use his special drawing rights in order to obtain his own currency or a currency freely usable by a participant designated by the Fund, the General Resources Account or any Other holder.

2. If the compensation provided for in section 2, para. (b) art. XXIV shall have an obligation to the Fund and if no agreement relating to the clearance of accounts shall take place within six months after the date of cessation of participation, the withdrawing participant shall discharge that obligation in accordance with the Equal semi-annual instalments over a period of three years from the date of cessation of participation or any longer period that may be fixed by the Fund. The withdrawing participant shall fulfil this obligation, at the choice of the Fund, (a) by providing the Fund with a freely usable currency, or (b) by obtaining, in accordance with the provisions of Section 6 of Art. XXIV, with the General Resources Account, or in agreement with a participant designated by the Fund or from any other holder, special drawing rights that will be deducted from the amounts owing.

3. Payments under s. 1 or 2 above is due, the first one, six months after the date of cessation of participation, and the following at six-month intervals.

4. If the Special Drawing Rights Department is liquidated under s. XXV within six months after the date on which a participant terminates its participation, the settlement of the accounts between the Fund and the Government of the participant shall be made in accordance with the provisions of Art. XXV and Annex I.


Status on June 20, 2014

Annex I

Liquidation procedure of the Special Drawing Rights Department

1. In the event of liquidation of the Department of Special Drawing Rights, the participants shall discharge their obligations to the Fund in ten semi-annual instalments, or in such longer time as the Fund may deem necessary, the payments being Made in freely usable currency and in the currencies of the participants holding special drawing rights which must be redeemed in a payment up to the amount of that redemption, as determined by the Fund. The first half-yearly payment will be made six months after the date of the decision to liquidate the Special Drawing Rights Department.

If the liquidation of the Fund is decided within six months of the decision to liquidate the Department of Special Drawing Rights, the liquidation of the Department of Special Drawing Rights shall be suspended until the drawing rights Special resources held in the General Resources Account shall be distributed in accordance with the following rule:

After the distributions provided in s. 2 (a) and (b) of Annex K, the Fund shall allocate the special drawing rights held in the General Resources Account between all Member States having the status of participant, in proportion to the amount due to each member after the Distribution referred to in s. 2 (b). To determine the amount owing to each Member State for the distribution of the rest of its assets in each currency under s. 2 (d) of Annex K, the Fund shall deduct the special drawing rights distributed pursuant to this Rule.

3. The Fund shall use the amounts received under subs. 1 above to redeem to their holders special drawing rights in the following order and in the following order:

(a)
Special drawing rights held by Member States whose participation ceased more than six months before the decision of the Board of Governors to liquidate the Special Drawing Rights Department shall be redeemed in accordance with the terms of a Agreement under s. XXIV or Annex H.
(b)
Special drawing rights whose holders are not participants are redeemed before those held by the participants, and in proportion to the amount held by each holder.
(c)
The Fund shall determine the ratio of the special drawing rights held by each participant to its net cumulative allocation. The Fund first redeems the special drawing rights of the participants for which the report is the highest, until the report is reduced to the level of the second tier; the Fund then redeems the special drawing rights Held by such participants, in proportion to their net cumulative allocation, until such time as the report is reduced to the level of that which comes to third place, that process shall continue until the amount available for Buybacks.

4. Any amount that a member is entitled to receive in respect of a redemption under s. 3 above shall be deducted from any amount for which it is liable under subs. 1 above.

5. During the liquidation, the Fund pays interest on the special drawing rights in the possession of the holders, and each participant pays commissions calculated on the amount of its net cumulative allocation of drawing rights Reduced by any payment that has been made under subs. 1 above. The rates of interest and commissions and the dates on which they are to be paid shall be determined by the Fund. Interest and commissions shall be paid, as far as possible, in special drawing rights. A participant who does not hold a sufficient amount of special drawing rights to pay the commissions for which he or she is liable shall make the payment in a currency specified by the Fund. To the extent that they are necessary to cover administrative costs, special drawing rights received as commission are not used for the payment of interest, but are transferred to the Fund and redeemed the first with the The funds used by the Fund to cover its expenditure.

6. As long as a participant has not made any payments due under s. 1 or 5 above, it does not receive any amount under subs. 3 or 5 above.

7. If, after the last payments were made to the participants, the ratio of the participants' special drawing rights to their net cumulative allocation is not the same for all participants who are not Default, participants with the lowest ratio purchase those who have the highest ratio, in accordance with the provisions established by the Fund, of amounts that will equal the relationship between holdings of special drawing rights and Net cumulative allocations. Any defaulting participant shall pay to the Fund in its own currency an amount equal to the amount for which it is defaulting. The Fund shall allocate the amount in this currency and the remaining claims among the participants, in proportion to the amount of special drawing rights held by each participant, and these special drawing rights shall be cancelled. The Fund then closes the accounts of the Department of Special Drawing Rights, and all its obligations under special drawing rights and the administration of the Special Drawing Rights Department are extinguished.

8. Any participant whose currency is distributed to other participants under this Annex shall guarantee their free use at any time for the purchase of goods or for the payment of sums due both to themselves and to persons Resident in its territories. Each participant subject to this obligation agrees to compensate the other participants for any loss resulting from the difference between the value attributed to that currency by the Fund at the time it was distributed by the Fund under this Agreement. The appendix and the value of these participants when using it.


Status on June 20, 2014

Annex J

Settlement of accounts with the withdrawing Member States

With regard to the General Resources Account, the settling of accounts shall be carried out in accordance with the provisions of s. 1 to 6 of this annex. The Fund shall be required to pay to any Member State which withdraws an amount equal to its share, which is increased by what it owes to it and reduced from what is due to it, including the commissions which become due after its withdrawal. However, no payment shall be made before the expiration of six months from the date of withdrawal. Payments shall be made in the currency of the Member State withdrawing from the institution and, for that purpose, the Fund may transfer to the General Resources Account the assets in the currency of the Member State held in the Special Remittances Account Or the Investment Account, in exchange for an equivalent amount of the currencies of other Member States held in the General Resources Account and selected by the Fund with the consent of those Member States.

2. If the Fund's assets in the currency of the withdrawing Member State do not allow the Fund to settle the net sum it owes to that Member State, the balance shall be paid in a freely usable currency or in any other manner which may be agreed upon. If it fails to reach an agreement with the Member State withdrawing from the institution within six months, the Fund shall immediately pay to the Member State the amount of its currency held by it. The balance owing is paid in ten semi-annual instalments over the next five years. Each payment shall be made, at the choice of the Fund, either in the currency of the Member State acquired since its withdrawal or in freely usable currency.

If the Fund does not comply with one of the payments referred to in the preceding paragraphs, the Member State withdrawing from the organisation may request it to make the payment in one of the currencies held by the Fund, with the exception of all Rare currencies under section 3 of s. VII.

4. If the assets of the Fund in the currency of a Member State withdrawing from the organization exceed the amount owing to it, and if the parties have not agreed on the method of settling the accounts within six months of the withdrawal, The Member State is required to redeem the surplus of its currency in exchange for a freely usable currency. The redemption shall be effected at rates that the Fund would apply if it sold those currencies at the time of withdrawal. The Member State must complete the repurchase within five years of the date of the withdrawal or in such longer time as the Fund may set. It is not required to buy back more than one-tenth of the Fund's excess assets in its currency at the date of the withdrawal, plus subsequent acquisitions of that currency during the six-month period. If the Member State does not fulfil this obligation, the Fund may, on any market, in an orderly manner, liquidate the amount of money that should have been redeemed.

5. Any Member State wishing to obtain the currency of a Member State which withdraws from the organisation must buy it from the Fund, provided that the purchaser is entitled to use the general resources of the Fund and that the currency is available under the terms of the From s. 4 above.

The Member State which withdraws from the Fund shall guarantee the free use at any time of the currency transferred under subs. 4 and 5 above for the purchase of goods or for the payment of sums due both to himself and to persons resident in his territory. The Fund shall indemnify the Fund for any loss resulting from the difference between the value of its currency in special drawing rights on the date of withdrawal and the value of special drawing rights obtained from the Fund when it is sold under s. 4 and 5 above.

7. If the withdrawing Member State is the debtor of the Fund due to transactions made through the Special Remittances Account under subs. (f) (ii) section 12 of s. V, its debt is paid in accordance with the requirements of the debt.

8. If the Fund holds, in the Special Payments Account or the Investment Account, the currency of the withdrawing Member State, the Fund may, in an orderly manner, exchange on any market against the currencies of other Member States, the amount of the The currency of that Member State which remains in each of those two accounts after the use referred to in par. 1; the proceeds from the exchange of the amount in each account will be retained on that account. The provisions of s. 5 and the last sentence of s. 6 above shall apply to the currency of the Member State withdrawing from the institution.

9. If it holds the Special Entitlements Account, in accordance with Section 12, para. (h), art. V, or the Investment Account, of bonds issued by the Member State withdrawing from the institution, the Fund may either keep it until the end of its term or carry it out sooner rather than later. The provisions of s. 8 above apply to the product of this divestment.

10. If the liquidation of the Fund is decided under section 2 of Art. XXVII within six months of the date of the withdrawal of the Member State, the accounts between the Fund and that Member State shall be settled in accordance with the provisions of Section 2 of Art. XXVII and Annex K.


Status on June 20, 2014

Annex K

Liquidation procedure

1. In the event of the liquidation of the Fund, the commitments of the organisation other than the repayment of subscriptions shall have priority in the distribution of its assets. To address each of these commitments, the Fund uses its assets in the following order:

(a)
The currency in which the undertaking is to be settled;
(b)
Or;
(c)
All other currencies proportionally, as far as possible, to the quotas of the Member States.

2. When the Fund's commitments are settled in accordance with s. 1 above, the balance of the Fund's assets is distributed and distributed as follows:

(a) (i) The Fund shall calculate the value of the gold held by the Fund as at 31 August 1975 and still hold on the date of the liquidation decision, in accordance with the par. 9 below and on the basis of 0.888 671 grams of fine gold for a special drawing right on the date of liquidation. The gold equivalent to the surplus of the first assessment in relation to the second one shall be distributed among the Member States which were members as at 31 August 1975, in proportion to their assessed contributions on that date.
(ii)
The Fund distributes all assets held in the Special Remittances Account at the date of the liquidation decision to member States that were members of the Fund as at 31 August 1975, in proportion to their assessed contributions on that date. Each type of asset will be distributed to Member States in these same proportions.
(b)
The Fund shall distribute the remainder of its gold holdings to the Member States in whose currency it holds an amount less than their proportionate share but not more than the amount whose share exceeds the Fund's holdings in their currency.
(c)
The Fund shall provide to each Member State half of its assets in its currency, the amount so remitted shall not exceed 50 % of its share.
(d)
The Fund allocates
(i)
The remainder of its gold holdings and in each currency between all the Member States in proportion to the amount owed to each Member State after the distributions provided for in paras. (b) and (c) above, and up to that amount, on the understanding that the distribution referred to in s. 2, para. (a), above is not taken into account in determining the amounts owing, and
(ii)
Any surplus of holdings in gold and in each currency between all Member States in proportion to their assessed contributions.

3. Each Member State shall redeem the amounts of its currency which have been allocated to the other Member States under s. 2, para. (d), above and within three months of the liquidation decision, shall agree with the Fund on an orderly procedure to be used for the redemption.

4. If within the three-month period provided for in s. 3 above, the Member State has not reached an agreement with the Fund, it uses the currencies of other Member States, which have been allocated to that Member State under subs. 2, para. (d) above, to redeem the amount of its currency which has been allocated to other Member States. All currencies allocated to a Member State which has not reached an agreement with the Fund shall be used, as far as possible, to redeem the amounts of its currency allocated to the Member States which have agreed with the Fund under the terms of the By. 3 above.

5. If a Member State has agreed with the Fund under s. 3 above, the Fund shall employ the currencies of the other Member States which it has allocated to that Member State under subs. 2, para. (d) above to redeem the amount of the currency of that Member State which has been allocated to the other Member States which have agreed with the Fund under s. 3 above. Any amount so redeemed is in exchange for the currency of the Member State to which it was awarded.

6. After applying the provisions of the preceding paragraphs, the Fund shall pay to each Member State the balance of the currencies held on its behalf.

7. Each of the Member States whose currency has been distributed to other Member States under s. 6 above will have to be redeemed in the currency of the Member State requesting the redemption, or any other way in which they will be agreed. Unless the Member States concerned agree otherwise, the Member State which has an obligation to redeem its currency must do so within five years of the allocation, but it is not required to buy back in half a year more than one Tenth of the amount allocated to each of the other Member States. If the Member State fails to fulfil this obligation, the amount that should have been redeemed can be liquidated in an orderly manner on any market.

8. Each of the Member States whose currency has been distributed to other Member States under s. 6 above guarantees its free use at any time, for the purchase of goods or for the payment of sums due both to itself and to persons resident in its territories. Each Member State subject to this obligation agrees to compensate the other Member States for any loss resulting from the difference between the value of its currency in special drawing rights on the date of the decision to wind up the Fund and The special drawing rights value obtained by the Member States when using this currency.

For the purposes of this Annex, the Fund shall determine the value of gold on the basis of market prices.

For the purposes of this Annex, assessed contributions shall be deemed to have been increased to the extent that they may be assessed in accordance with the provisions of Section 2, para. (b) art. III of the present Statute.


Status on June 20, 2014

Annex L 1

Suspension of voting rights

In the event of a suspension of the voting rights of a Member State under section 2b of Art. XXVI, the following shall apply:

The Member State will not be able to:

(a)
To participate in the adoption of a draft amendment to these Statutes or to be taken into account in the total number of Member States to that effect, unless the amendment is to be accepted by all Member States pursuant to Art. XXVIII, para. b, or exclusively concerned with the Special Drawing Rights Department;
(b)
Appoint an alternate governor or governor, appoint an adviser or alternate adviser, or participate in the appointment, appoint an administrator, elect one or participate in his or her election.

2. The votes allocated to the Member State may not be expressed in any body of the Fund. They shall not be taken into account in the calculation of the total number of votes allocated, except for the purposes of:

(a)
The acceptance of an amendment to the Special Drawing Rights Department exclusively; and
(b)
The calculation of the basic votes in accordance with Section 5, para. (a), para. (i), art. XII.
3.
(a) The Governor appointed by the Member State and his alternate shall cease to perform their duties.
(b)
The adviser and alternate adviser appointed by the Member State, or on whose appointment the State has participated, shall cease to carry out their duties, provided that, if that adviser is entitled to express the number of votes allocated to others Member States whose voting rights have not been suspended, another adviser and one alternate shall be appointed by these other Member States in accordance with Annex D, and, pending such appointment, the adviser and his alternate shall remain in Function, but only for a period of up to 30 days from the date of the Suspension.
(c)
The administrator appointed or elected by the Member State, or at the election of which the Member State participated, shall cease to carry out its functions, unless that administrator has the right to express the number of votes allocated to other Member States whose rights of Vote has not been suspended. In the latter case:
(i)
If more than ninety days remain before the next ordinary election of directors, another director shall be elected, by a majority of the votes cast, by those other Member States for the remainder of the period; Election, the appointed or elected director will remain in office, but only for a period of not more than 30 days from the date of the suspension;
(ii)
If less than ninety days remain before the next ordinary election of directors, the appointed or elected director will continue to perform his or her duties during the remaining period.

The Member State shall be empowered to delegate a representative to attend any meeting of the Governing Council, the College or the Administrative Council, where such meetings are devoted to the examination of an application made by that Member State or An issue that is of particular concern to them, but not to the meetings of the committees of these bodies, when these issues are discussed.


1 Introduced by the amendment of 28 June 1990 (RO 1993 2351). Update as per c. 3 of the D of the Governing Council of 28 April 2008, in force for Switzerland since 3 March 2011 (RO 2012 3619).


Status on June 20, 2014

Annex M 1

Special allocation of special drawing rights of an exceptional nature

1. Subject to paragraph 4 below, any Member State which, on 19 September 1997, participates in the Department of Special Drawing Rights, shall receive, on the thirtieth day following the date of entry into force of the fourth amendment to these Statutes, An allocation of special drawing rights, the amount of which will bear its net cumulative allocation of special drawing rights to 29.315788813 per cent of its share on September 19, 1997, on the understanding that, in the case of participants Assessments have not been adjusted as proposed in Governing Council resolution No. 45-2, The calculation will be carried out on the basis of the assessments proposed in that resolution.

2.
(a) Subject to paragraph 4 below, any country that becomes a participant in the Department of Special Drawing Rights after September 19, 1997, but within three months from the date of its admission to the Fund, shall receive an allowance Special drawing rights whose amount will be calculated in accordance with paras. (b) and (c) below the thirtieth day after the later of the following two dates:
(i)
The date on which the new Member State becomes a participant in the Special Drawing Rights Department;
(ii)
The date of entry into force of the fourth amendment to these Statutes.
(b)
For the purposes of para. (a) above, each participant shall receive an amount of special drawing rights which will bear its net cumulative allocation at 29.315788813 per cent of its share on the date on which the Member State becomes a participant in the Department of Human Rights Special drawing, after adjustment obtained:
(i)
First, by multiplying 29.315788813 per cent by the ratio between, on the one hand, the total of assessed contributions, calculated in accordance with subs. 1 above of the participants referred to in para. (c) below and, on the other hand, the total quota of those participants on the date on which the Member State becomes a participant in the Special Drawing Rights Department;
(ii)
Second, by multiplying the product obtained in subpara. (i) above by the ratio between, on the one hand, the sum of the net cumulative allowances of special drawing rights received under s. XVIII, the participants referred to in para. (c) below, on the date on which the Member State becomes a participant in the Special Drawing Rights Department, and the allowances received by those participants under s. 1, above, and, on the other hand, the sum of the net cumulative allowances of special drawing rights received under s. XVIII, these participants as of September 19, 1997, and the allowances received by these participants under s. 1.
(c)
For the purposes of adjustments to be made pursuant to para. (b) above, participants in the Special Drawing Rights Department are the Member States participating as of 19 September 1997 and:
(i)
Continue to be participants in the Special Drawing Rights Department on the date on which the Member State becomes a participant in the Special Drawing Rights Department; and
(ii)
Who received all the allowances made by the Fund after September 19, 1997.
3.
(a) Subject to paragraph 4 below, if the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds as a member of the Fund and participates in the Department of Special Drawing Rights in the former Socialist Federal Republic of Yugoslavia Yugoslavia in accordance with the terms and conditions set out in Decision No. O 10237 - (92/150), adopted by the Governing Council on 14 December 1992, it will receive an allocation of special drawing rights, the amount of which will be calculated in accordance with para. (b) below the thirtieth day after the later of the following two dates:
(i)
The date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) assumes the succession as a member of the Fund and a participant in the Special Drawing Rights Department in accordance with the terms and conditions set out in the Decision n O 10237 - (92/150),
(ii)
The date of entry into force of the fourth amendment to this Agreement.
(b)
For the purposes of para. (a) above, the Federal Republic of Yugoslavia (Serbia/Montenegro) shall receive an amount of special drawing rights which will bear its net cumulative allocation to 29.315788813 per cent of the share proposed to it under s. 3 (c) of Governing Council decision No 10237 - (92/150), after adjustment in accordance with par. 2, para. (b) (ii) and (c) above, on the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) becomes eligible to receive an allowance in accordance with para. (a) above.

4. The Fund shall not allocate special drawing rights under this Annex to participants who, prior to the date of the allowance, have notified the Fund in writing that they do not wish to receive an allowance.

5.
(a) If, on the date an allowance is made to a member under s. 1, 2 or 3 above, the participant shall have outstanding obligations to the Fund, the special drawing rights so allocated shall be deposited and held on an account held in the Department of Special Drawing Rights and shall be put to the The member's disposition once the full amount of the member's outstanding obligations to the Fund is paid.
(b)
Special drawing rights held on a block account shall not be made available for any purpose and may not be included in any calculation of allowances or special drawing rights for the purposes of the Statute, except for Calculations under this Annex. If special drawing rights are held on a blocked account at the time the participant terminates its participation in the Special Drawing Rights Department or when it is decided to liquidate the Special Drawing Rights Department, these Special drawing rights are cancelled.
(c)
For the purposes of this subsection, unpaid amounts in respect of obligations to the Fund are unpaid to the General Resources Account in respect of principal and interest on loans from the Special Remittances Account, to the Commissions and levies in the Department of Special Drawing Rights and in respect of commitments to the Fund in its capacity as trustee.
(d)
Subject to the provisions of this paragraph, the principle of separation of the General Department and the Department of Special Drawing Rights shall be maintained, as shall the asset of the unconditional reserve of rights of Special drawing.

1 Introduced by c. 2 of the D of the Governing Council of 23. 1997, in force for Switzerland since 10 August 2009 ( RO 2012 3619 ).


Status on June 20, 2014

Scope of application on 20 June 2014 3

States Parties

Acceptance 4

Statement of Succession (S)

Entry into force

Afghanistan

July 14

1955

July 14

1955

South Africa

26 December

1945

27 December

1945

Albania

15 October

1991

15 October

1991

Algeria

26 September

1963

26 September

1963

Germany

August 14

1952

August 14

1952

Angola

19 September

1989

19 September

1989

Antigua and Barbuda

25 February

1982

25 February

1982

Saudi Arabia

26 August

1957

26 August

1957

Argentina

September 20

1956

September 20

1956

Armenia

28 May

1992

28 May

1992

Australia

August 5

1947

August 5

1947

Austria

August 27

1948

August 27

1948

Azerbaijan

18 September

1992

18 September

1992

Bahamas

August 21

1973

August 21

1973

Bahrain

7 September

1972

7 September

1972

Bangladesh

August 17

1972

August 17

1972

Barbados

29 December

1970

29 December

1970

Belarus

10 July

1992

10 July

1992

Belgium

27 December

1945

27 December

1945

Belize

March 16

1982

March 16

1982

Benin

10 July

1963

10 July

1963

Bhutan

28 September

1981

28 September

1981

Bolivia

27 December

1945

27 December

1945

Bosnia and Herzegovina

25 February

1993 S

25 February

1993

Botswana

24 July

1968

24 July

1968

Brazil

14 January

1946

14 January

1946

Brunei

10 October

1995

10 October

1995

Bulgaria

September 25

1990

September 25

1990

Burkina Faso

2 May

1963

2 May

1963

Burundi

28 September

1963

28 September

1963

Cambodia

31 December

1969

31 December

1969

Cameroon

10 July

1963

10 July

1963

Canada

27 December

1945

27 December

1945

Cape Verde

20 November

1978

20 November

1978

Chile

31 December

1945

31 December

1945

China

April 17

1980

April 17

1980

Hong Kong

18 June

1997

1 Er July

1997

Cyprus

21 December

1961

21 December

1961

Colombia

27 December

1945

27 December

1945

Comoros

21 September

1976

21 September

1976

Congo (Brazzaville)

10 July

1963

10 July

1963

Congo, Kinshasa

28 September

1963

28 September

1963

Korea (South)

26 August

1955

26 August

1955

Costa Rica

8 January

1946

8 January

1946

Côte d' Ivoire

March 11

1963

March 11

1963

Croatia

14 December

1992 S

14 December

1992

Denmark

30 March

1946

30 March

1946

Djibouti

29 December

1978

29 December

1978

Dominica

12 December

1978

12 December

1978

Egypt

26 December

1945

27 December

1945

El Salvador

March 14

1946

March 14

1946

United Arab Emirates

22 September

1972

22 September

1972

Ecuador

28 December

1945

28 December

1945

Eritrea

July 6

1994

July 6

1994

Spain

September 15

1958

September 15

1958

Estonia

26 May

1992

26 May

1992

United States

20 December

1945

27 December

1945

Ethiopia

12 December

1945

27 December

1945

Fiji

28 May

1971

28 May

1971

Finland

14 January

1948

14 January

1948

France

27 December

1945

27 December

1945

Gabon

10 September

1963

10 September

1963

Gambia

21 September

1967

21 September

1967

Georgia

5 May

1992

5 May

1992

Ghana

September 20

1957

September 20

1957

Greece

27 December

1945

27 December

1945

Grenada

August 27

1975

August 27

1975

Guatemala

28 December

1945

28 December

1945

Guinea

28 September

1963

28 September

1963

Equatorial Guinea

22 December

1969

22 December

1969

Guinea-Bissau

24 March

1977

24 March

1977

Guyana

26 September

1966

26 September

1966

Haiti

8 September

1953

8 September

1953

Honduras

26 December

1945

27 December

1945

Hungary

6 May

1982

6 May

1982

Marshall Islands

21 May

1992

21 May

1992

India

27 December

1945

27 December

1945

Indonesia

21 February

1967

21 February

1967

Iran

29 December

1945

29 December

1945

Iraq

26 December

1945

27 December

1945

Ireland

8 August

1957

8 August

1957

Iceland

27 December

1945

27 December

1945

Israel

July 12

1954

July 12

1954

Italy

March 27

1947

March 27

1947

Jamaica

21 February

1963

21 February

1963

Japan

13 August

1952

13 August

1952

Jordan

29 August

1952

29 August

1952

Kazakhstan

July 15

1992

July 15

1992

Kenya

3 February

1964

3 February

1964

Kyrgyzstan

8 May

1992

8 May

1992

Kiribati

3 June

1986

3 June

1986

Kosovo

29 June

2009

29 June

2009

Kuwait

13 September

1962

13 September

1962

Laos

July 5

1961

July 5

1961

Lesotho

July 25

1968

July 25

1968

Latvia

19 May

1992

19 May

1992

Lebanon

April 11

1947

April 14

1947

Liberia

28 March

1962

28 March

1962

Libya

September 17

1958

September 17

1958

Lithuania

29 April

1992

29 April

1992

Luxembourg

26 December

1945

27 December

1945

Macedonia

14 December

1992 S

14 December

1992

Madagascar

September 25

1963

September 25

1963

Malaysia

7 March

1958

7 March

1958

Malawi

19 July

1965

19 July

1965

Maldives

13 January

1978

13 January

1978

Mali

27 September

1963

27 September

1963

Malta

11 September

1968

11 September

1968

Morocco

April 25

1958

April 25

1958

Mauritius

23 September

1968

23 September

1968

Mauritania

10 September

1963

10 September

1963

Mexico

31 December

1945

31 December

1945

Micronesia

24 June

1993

24 June

1993

Moldova

August 12

1992

August 12

1992

Mongolia

February 14

1991

February 14

1991

Montenegro

January 18

2007

January 18

2007

Mozambique

24 September

1984

24 September

1984

Myanmar

3 January

1952

3 January

1952

Namibia

September 25

1990

September 25

1990

Nepal

September 6

1961

September 6

1961

Nicaragua

March 14

1946

March 14

1946

Niger

24 April

1963

24 April

1963

Nigeria

30 March

1961

30 March

1961

Norway

27 December

1945

27 December

1945

New Zealand

August 31

1961

August 31

1961

Oman

December 23

1971

December 23

1971

Uganda

27 September

1963

27 September

1963

Uzbekistan

21 September

1992

21 September

1992

Pakistan

July 11

1950

July 11

1950

Palau

16 December

1997

16 December

1997

Panama

March 14

1946

March 14

1946

Papua New Guinea

9 October

1975

9 October

1975

Paraguay

28 December

1945

28 December

1945

Netherlands

26 December

1945

27 December

1945

Peru

31 December

1945

31 December

1945

Philippines

21 December

1945

27 December

1945

Poland

12 June

1986

12 June

1986

Portugal

March 29

1961

March 29

1961

Qatar

8 September

1972

8 September

1972

Central African Republic

10 July

1963

10 July

1963

Dominican Republic

28 December

1945

28 December

1945

Czech Republic

1 Er January

1993 S

September 20

1990

Romania

15 December

1972

15 December

1972

United Kingdom

27 December

1945

27 December

1945

Russia

1 Er June

1992

1 Er June

1992

Rwanda

September 30

1963

September 30

1963

Saint Lucia

15 November

1979

15 November

1979

Saint Kitts and Nevis

August 15

1984

August 15

1984

San Marino

23 September

1992

23 September

1992

Saint Vincent and the Grenadines

28 December

1979

28 December

1979

Solomon Islands

22 September

1978

22 September

1978

Samoa

28 December

1971

28 December

1971

Sao Tome and Principe

September 30

1977

September 30

1977

Senegal

August 31

1962

August 31

1962

Serbia

25 February

1993

25 February

1993

Seychelles

30 June

1977

30 June

1977

Sierra Leone

10 September

1962

10 September

1962

Singapore

August 3

1966

August 3

1966

Slovakia

1 Er January

1993 S

September 20

1990

Slovenia

14 December

1992 S

14 December

1992

Somalia

August 31

1962

August 31

1962

Sudan

September 5

1957

September 5

1957

South Sudan

18 April

2012

18 April

2012

Sri Lanka

29 August

1950

29 August

1950

Sweden

August 31

1951

August 31

1951

Switzerland

29 May

1992

29 May

1992

Suriname

April 27

1978

April 27

1978

Swaziland

22 September

1969

22 September

1969

Syria

10 April

1947

10 April

1947

Tajikistan

April 27

1993

April 27

1993

Tanzania

10 September

1962

10 September

1962

Chad

10 July

1963

10 July

1963

Thailand

3 May

1949

3 May

1949

Timor-Leste

July 23

2002

July 23

2002

Togo

1 Er August

1962

1 Er August

1962

Tonga

13 September

1985

13 September

1985

Trinidad and Tobago

16 September

1963

16 September

1963

Tunisia

April 14

1958

April 14

1958

Turkmenistan

22 September

1992

22 September

1992

Turkey

March 11

1947

March 11

1947

Tuvalu

24 June

2010

24 June

2010

Ukraine

3 September

1992

3 September

1992

Uruguay

March 11

1946

March 11

1946

Vanuatu

28 September

1981

28 September

1981

Venezuela

December 30

1946

December 30

1946

Vietnam

July 2

1976

July 2

1976

Yemen

29 September

1969

29 September

1969

Zambia

23 September

1965

23 September

1965

Zimbabwe

29 September

1980

29 September

1980


RO 1992 2571; FF 1991 II 1121


1 Translation of original English text.
2 RO 1 992 2570
3 RO 1992 2641, 2005 2109, 2011 1737, 2014 2459. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 The date of acceptance is also the date of the signature.


Status on June 20, 2014