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RS 0.941.152 Agreement in the form of an exchange of letters of 15 April 1988 between the Swiss Confederation and the International Monetary Fund on the participation of Switzerland in the Enhanced Structural Adjustment Facility (ESAF)

Original Language Title: RS 0.941.152 Accord sous forme d’échange de lettres du 15 avril 1988 entre la Confédération suisse et le Fonds monétaire international sur la participation de la Suisse à la facilité d’ajustement structurel renforcée (FASR)

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0.941.152

Translation 1

Agreement in the form of an exchange of letters between the Swiss Confederation and the International Monetary Fund on Switzerland's participation in the Enhanced Structural Adjustment Facility (ESAF)

Conclu April 15, 1988

Approved by the Federal Assembly on December 5, 1988 2

Entered into force on 23 December 1988

(State 23 December 1988)

The President of the Swiss Confederation

Bern, 15 April 1988

Mr. Michel Camdessus

Director General

International Monetary Fund

Washington D.C. /United States

Mr. Director General,

I have the honour to acknowledge receipt of your letter of today relative to the Enhanced Structural Adjustment Facility, which reads as follows:

" The International Monetary Fund, acting as a trustee of the Enhanced Structural Adjustment Facility (ESAF), instructed me to invite the Swiss Confederation to allocate a credit to the IMF for the purpose of supplying the loan account, in accordance with the Provisions of the instrument establishing the trust account adopted by the Governing Council by decision n O 8759 - (87/176) FASR of December 18, 1987. The credit will amount to SDR 200 million and will include the following conditions:
1.
The trustee may within the limits of this Agreement and on dates agreed between him and the Swiss Confederation proceed to draws, not later than 30 June 1992.
2. A. The volume of each draw will be expressed in SDRs. Unless otherwise agreed by the trustee and the Swiss Confederation, the Confederation shall pay the amount, in US dollars, to the dates of valuation fixed by the trustee, on the trust account opened at the Federal Reserve Bank New York, New York.
B.
The trustee shall establish at the request of the Swiss Confederation a non-negotiable certificate attesting to the existence of the trust account of a debt arising out of a draw made under this Agreement.
3. A. The resources from the prints will be used to fund the trust account credits. They shall be reimbursed to the Swiss Confederation in ten semi-annual instalments of the same amount, payable the first five and a half years and the last ten years after the date of disbursement; where it has not been fully disbursed within six months After the date of the draw, the amount of the draw is still deemed to have been disbursed within that period. Refunds by the trust account will occur on or after the end of the term.
B.
In agreement with the Swiss Confederation, the trustee may refund a draw in whole or in part at any time before the deadline.
C.
When a draw is due on a date that is not working day for the IMF, the next working day is deemed to be due.
4.
The outstanding amounts of the various draws do not bear interest.
5.
The loans will be repaid in US dollars on a bank designated by the Swiss Confederation.
6. A. The Swiss Confederation is authorized to transfer all or part of the claims to a member of the IMF at any time to the central bank or to a financial or monetary institution designated by a member within the meaning of s. V, section 1, the IMF Articles of Agreement, or any other official service which, pursuant to s. XVII, section 3, of the same articles, is authorized to hold SDRs.
B.
The assignee shall acquire all the rights of the Swiss Confederation set out in this Agreement relating to the repayment of the transferred claim.
7.
Except as otherwise agreed between the trustee and the Swiss Confederation, all transfers, transactions and amortisation shall be on the basis of the exchange rates of the currencies concerned in relation to the SDRs that the IMF has determined for The third working day preceding the value date.
8.
If the IMF reviews its method of valuation of SDRs, transfers, transactions and amortisation carried out more than three working days after the revision date will all be calculated using the new method.
9.
All matters arising from this Agreement shall be settled jointly between the Swiss Confederation and the Trustee. If the Swiss Confederation accepts this proposal, this letter and your duly substantiated confirmation of the proposal will constitute, between the Confederation and the trustee, the elements of an agreement which will enter into force as soon as the Trust will have acknowledged receipt of the note from the Confederation informing it that the procedure required by its constitution is closed."

Since this proposal is acceptable to the Swiss Confederation, your letter and the affirmative answer I bring to it constitute an agreement between the Confederation and the trustee. The agreement will enter into force on the date on which the trustee acknowledges receipt of the note from the Confederation informing him that the constitutional procedure is closed.

I would ask you to approve, Mr Director-General, the assurance of my highest consideration.

Otto Stich

The President of the Swiss Confederation

Bern, 15 April 1988

Mr. Michel Camdessus

Director General

International Monetary Fund

Washington D.C. /United States

Mr. Director General,

At the time of signing, subject to ratification, the agreement by which the Swiss Confederation is committed to contribute to the Enhanced Structural Adjustment Facility of the International Monetary Fund, I believe it is useful to clarify the spirit and framework in Which Switzerland, as a non-member country, intends to make this contribution.

In our view, the enhanced structural adjustment facility is essentially monetary in nature, in that it seeks to preserve the creditworthiness of the poorest countries that apply sound growth policy and maintain these countries In the system of the International Labour Division. Although essentially monetary, the Enhanced Structural Adjustment Facility helps to create the conditions that facilitate and support multilateral and bilateral development assistance efforts for these countries.

As we have already done with Switzerland's accession to the General Arrangements to Borrow, we wish to specify that any action taken by the Swiss Confederation on developing countries must respect the principles on which the Swiss Confederation is based. Founded Swiss legislation on international development cooperation. According to these principles, development cooperation is intended to support the efforts of developing countries to improve the living conditions of their populations, in particular those of the most disadvantaged population groups; to contribute To put these countries in a position to ensure their development by their own forces; to strive for a better balance in the international community in the long term. If the Swiss Confederation associates itself with the financing of the Enhanced Structural Adjustment Facility, it does so in the expectation that the adjustment programmes requested of the beneficiaries of this facility are favourable to the Achievement of the above goals. This means, in particular, that these programmes allow the maintenance and development of the production apparatus in the long term and that the most disadvantaged sections of the population do not have to bear an excessive share of the burden of adjustment.

The Swiss Confederation, which is not represented on the Board of Directors of the International Monetary Fund, which is the trustee of the Enhanced Structural Adjustment Facility, should be informed and consulted before Decision amending the Facility's lending instrument or policy. It should also be in a position to monitor the development of the Facility's operations and to express its views on it. To this end, I propose that high-level representatives of the Confederation and the International Monetary Fund, as the Trustee of the Facility, meet at least twice a year, at their mutual convenience, for an exchange of views And information in the period during which the loans will be granted and disbursed. Thereafter and until the liquidation of the Facility, such meetings would be organized as necessary. The International Monetary Fund, in its capacity as the Trustee of the Facility, should ensure that the Swiss authorities are provided with the necessary documentation to keep abreast of the Facility's affairs.

The Embassy of Switzerland in the United States will serve as an intermediary for all communications related to the Facility.

I would be very grateful if you would confirm that you accept the views and proposals set out in this letter.

Please accept, Mr. Director-General, the expression of my highest consideration.

Otto Stich

International Monetary Fund,

Washington, D.C. /United States

The Director General

Washington D.C., April 15, 1988

Mr. Otto Stich

President of the Swiss Confederation

3003 Berne

Mr President,

I have the honour to acknowledge receipt of your letter of 15 April 1988, by which you inform me that the Swiss Confederation accepts, subject to ratification, to grant a loan to the Trust Account of the Enhanced Structural Adjustment Facility; I welcome this agreement and thank you for it. I can confirm to you that I agree with the sentiments expressed in your letter and that I accept the proposals put forward therein. The generous support provided by the Swiss Confederation to the Enhanced Structural Adjustment Facility bears witness to your country's long-standing commitment to international monetary cooperation and the improvement of international monetary policy. Economic situation of the most disadvantaged members of the international community.

I fully understand that, as a funder of the enhanced FAS trust account, the Swiss Confederation wishes to be kept fully informed and consulted in the circumstances described in your letter. I therefore readily accept, on behalf of the Fund, the proposals for consultation and information procedures, as set out in the aforementioned letter.

On my own behalf and on behalf of the countries of the Fund, I would like to thank you for the valuable contribution made by the Swiss Confederation to this important initiative.

I would ask you to accept, Mr President, the assurances of my highest consideration.

Michel Camdessus


RO 1989 245; FF 1988 II 1417


1 Translation of original English text.
2 RO 1989 244


Status December 23, 1988