Rządowy projekt ustawy o ratyfikacji Poprawki do Umowy o Międzynarodowym Funduszu Walutowym dotyczącej reformy Rady Wykonawczej, przyjętej przez Radę Gubernatorów Międzynarodowego Funduszu Walutowego Rezolucją Nr 66-2 w dniu 15 grudnia 2010 r.
projekt dotyczy zmiany zasad wyłaniania członków Rady; reforma zrównuje zasady wyłaniania wszystkich członków Rady Wykonawczej, dzięki czemu zostaje zwiększona możliwość wyboru konstytuanty, do której kraj członkowski chce należeć oraz wzmocniona zostaje efektywność funkcjonowania Rady
- Kadencja sejmu: 6
- Nr druku: 4221
- Data wpłynięcia: 2011-05-17
- Uchwalenie: Projekt uchwalony
- tytuł: o ratyfikacji Poprawki do Umowy o Międzynarodowym Funduszu Walutowym dotyczącej reformy Rady Wykonawczej, przyjętej przez Radę Gubernatorów Międzynarodowego Funduszu Walutowego Rezolucją Nr 66-2 w dniu 15 grudnia 2010 r.
- data uchwalenia: 2011-06-29
- adres publikacyjny: Dz.U. Nr 178, poz. 1055
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Schedule B
Transitional Provisions with Respect to Repurchase, Payment of Additional Subscriptions, Gold,
and Certain Operational Matters
1. Repurchase obligations that have accrued pursuant to Article V, Section 7(b) before the date of
the second amendment of this Agreement and that remain undischarged at that date shall be discharged
not later than the date or dates at which the obligations had to be discharged in accordance with the
provisions of this Agreement before the second amendment.
2. A member shall discharge with special drawing rights any obligation to pay gold to the Fund in
repurchase or as a subscription that is outstanding at the date of the second amendment of this
Agreement, but the Fund may prescribe that these payments may be made in whole or in part in the
currencies of other members specified by the Fund. A non-participant shall discharge an obligation
that must be paid in special drawing rights pursuant to this provision with the currencies of other
members specified by the Fund.
3. For the purposes of 2 above 0.888 671 gram of fine gold shall be equivalent to one special
drawing right, and the amount of currency payable under 2 above shall be determined on that basis and
on the basis of the value of the currency in terms of the special drawing right at the date of discharge.
4. A member's currency held by the Fund in excess of seventy-five percent of the member's quota at
the date of the second amendment of this Agreement and not subject to repurchase under 1 above shall
be repurchased in accordance with the following rules:
(i) Holdings that resulted from a purchase shall be repurchased in accordance with the policy
on the use of the Fund's general resources under which the purchase was made.
(ii) Other holdings shall be repurchased not later than four years after the date of the second
amendment of this Agreement.
5. Repurchases under 1 above that are not subject to 2 above, repurchases under 4 above, and any
specification of currencies under 2 above shall be in accordance with Article V, Section 7(i).
6. All rules and regulations, rates, procedures, and decisions in effect at the date of the second
amendment of this Agreement shall remain in effect until they are changed in accordance with the
provisions of this Agreement.
7. To the extent that arrangements equivalent in effect to (a) and (b) below have not been completed
before the date of the second amendment of this Agreement, the Fund shall
(a) sell up to 25 million ounces of fine gold held by it on August 31, 1975 to those members that
were members on that date and that agree to buy it, in proportion to their quotas on that date. The
sale to a member under this sub-paragraph (a) shall be made in exchange for its currency and at a
price equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold,
and
(b) sell up to 25 million ounces of fine gold held by it on August 31, 1975 for the benefit of
developing members that were members on that date, provided, however, that the part of any
profits or surplus value of the gold that corresponds to the proportion of such a member's quota
on August 31, 1975 to the total of the quotas of all members on that date shall be transferred
directly to each such member. The requirements under Article V, Section 12(c) that the Fund
consult a member, obtain a member's concurrence, or exchange a member's currency for the
currencies of other members in certain circumstances shall apply with respect to currency
received by the Fund as a result of sales of gold under this provision, other than sales to a
member in return for its own currency, and placed in the General Resources Account.
Upon the sale of gold under this paragraph 7, an amount of the proceeds in the currencies received
equivalent at the time of sale to one special drawing right per 0.888 671 gram of fine gold shall be
placed in the General Resources Account and other assets held by the Fund under arrangements
pursuant to (b) above shall be held separately from the general resources of the Fund. Assets that
remain subject to disposition by the Fund upon termination of arrangements pursuant to (b) above
shall be transferred to the Special Disbursement Account.
Schedule C
Par Values
1. The Fund shall notify members that par values may be established for the purposes of this
Agreement, in accordance with Article IV, Sections 1, 3, 4, and 5 and this Schedule, in terms of the
special drawing right, or in terms of such other common denominator as is prescribed by the Fund.
The common denominator shall not be gold or a currency.
2. A member that intends to establish a par value for its currency shall propose a par value to the
Fund within a reasonable time after notice is given under 1 above.
3. Any member that does not intend to establish a par value for its currency under 1 above shall
consult with the Fund and ensure that its exchange arrangements are consistent with the purposes of
the Fund and are adequate to fulfill its obligations under Article IV, Section 1.
4. The Fund shall concur in or object to a proposed par value within a reasonable period after
receipt of the proposal. A proposed par value shall not take effect for the purposes of this Agreement if
the Fund objects to it, and the member shall be subject to 3 above. The Fund shall not object because
of the domestic social or political policies of the member proposing the par value.
5. Each member that has a par value for its currency undertakes to apply appropriate measures
consistent with this Agreement in order to ensure that the maximum and the minimum rates for spot
exchange transactions taking place within its territories between its currency and the currencies of
other members maintaining par values shall not differ from parity by more than four and one-half
percent or by such other margin or margins as the Fund may adopt by an eighty-five percent majority
of the total voting power.
6. A member shall not propose a change in the par value of its currency except to correct, or prevent
the emergence of, a fundamental disequilibrium. A change may be made only on the proposal of the
member and only after consultation with the Fund.
7. When a change is proposed, the Fund shall concur in or object to the proposed par value within a
reasonable period after receipt of the proposal. The Fund shall concur if it is satisfied that the change is
necessary to correct, or prevent the emergence of, a fundamental disequilibrium. The Fund shall not
object because of the domestic social or political policies of the member proposing the change. A
proposed change in par value shall not take effect for the purposes of this Agreement if the Fund
objects to it. If a member changes the par value of its currency despite the objection of the Fund, the
member shall be subject to Article XXVI, Section 2. Maintenance of an unrealistic par value by a
member shall be discouraged by the Fund.
8. The par value of a member's currency established under this Agreement shall cease to exist for
the purposes of this Agreement if the member informs the Fund that it intends to terminate the par
value. The Fund may object to the termination of a par value by a decision taken by an eighty-five
percent majority of the total voting power. If a member terminates a par value for its currency despite
the objection of the Fund, the member shall be subject to Article XXVI, Section 2. A par value
established under this Agreement shall cease to exist for the purposes of this Agreement if the member
terminates the par value despite the objection of the Fund, or if the Fund finds that the member does
not maintain rates for a substantial volume of exchange transactions in accordance with 5 above,
provided that the Fund may not make such finding unless it has consulted the member and given it
sixty days notice of the Fund's intention to consider whether to make a finding.
9. If the par value of the currency of a member has ceased to exist under 8 above, the member shall
consult with the Fund and ensure that its exchange arrangements are consistent with the purposes of
the Fund and are adequate to fulfill its obligations under Article IV, Section 1.
10. A member for whose currency the par value has ceased to exist under 8 above may, at any time,
propose a new par value for its currency.
11. Notwithstanding 6 above, the Fund, by a seventy percent majority of the total voting power,
may make uniform proportionate changes in all par values if the special drawing right is the common
denominator and the changes will not affect the value of the special drawing right. The par value of a
member's currency shall, however, not be changed under this provision if, within seven days after the
Fund's action, the member informs the Fund that it does not wish the par value of its currency to be
changed by such action.
Schedule D
Council
1. (a) Each member that appoints an Executive Director and each group of members that has the
number of votes allotted to them cast by an elected Executive Director shall appoint to the
Council one Councillor, who shall be a Governor, Minister in the government of a member, or
person of comparable rank, and may appoint not more than seven Associates. The Board of
Governors may change, by an eighty-five percent majority of the total voting power, the number
of Associates who may be appointed. A Councillor or Associate shall serve until a new
appointment is made or until the next regular election of Executive Directors, whichever shall
occur sooner.
(b) Executive Directors, or in their absence their Alternates, and Associates shall be entitled to
attend meetings of the Council, unless the Council decides to hold a restricted session. Each
member and each group of members that appoints a Councillor shall appoint an Alternate who
shall be entitled to attend a meeting of the Council when the Councillor is not present, and shall
have full power to act for the Councillor.
2. (a) The Council shall supervise the management and adaptation of the international monetary
system, including the continuing operation of the adjustment process and developments in global
liquidity, and in this connection shall review developments in the transfer of real resources to
developing countries.
(b) The Council shall consider proposals pursuant to Article XXVIII(a) to amend the Articles of
Agreement.
3. (a) The Board of Governors may delegate to the Council authority to exercise any powers of
the Board of Governors except the powers conferred directly by this Agreement on the Board of
Governors.
(b) Each Councillor shall be entitled to cast the number of votes allotted under Article XII,
Section 5 to the member or group of members appointing him. A Councillor appointed by a
group of members may cast separately the votes allotted to each member in the group. If the
number of votes allotted to a member cannot be cast by an Executive Director, the member may
make arrangements with a Councillor for casting the number of votes allotted to the member.
(c) The Council shall not take any action pursuant to powers delegated by the Board of
Governors that is inconsistent with any action taken by the Board of Governors and the
Executive Board shall not take any action pursuant to powers delegated by the Board of
Governors that is inconsistent with any action taken by either the Board of Governors or the
Council.
4. The Council shall select a Councillor as chairman, shall adopt regulations as may be necessary or
appropriate to perform its functions, and shall determine any aspect of its procedure. The Council shall
hold such meetings as may be provided for by the Council or called by the Executive Board.
5. (a) The Council shall have powers corresponding to those of the Executive Board under the
following provisions: Article XII, Section 2(c), (f), (g), and (j); Article XVIII, Section 4(a) and
Section 4(c)(iv); Article XXIII, Section 1; and Article XXVII, Section l(a).
(b) For decisions by the Council on matters pertaining exclusively to the Special Drawing Rights
Department, only Councillors appointed by a member that is a participant or a group of members
at least one member of which is a participant shall be entitled to vote. Each of these Councillors
shall be entitled to cast the number of votes allotted to the member which is a participant that
appointed him or to the members that are participants in the group of members that appointed
him, and may cast the votes allotted to a participant with which arrangements have been made
pursuant to the last sentence of 3(b) above.
(c) The Council may by regulation establish a procedure whereby the Executive Board may
obtain a vote of the Councillors on a specific question without a meeting of the Council when in
the judgment of the Executive Board an action must be taken by the Council which should not be
postponed until the next meeting of the Council and which does not warrant the calling of a
special meeting.
(d) Article IX, Section 8 shall apply to Councillors, their Alternates, and Associates, and to any
other person entitled to attend a meeting of the Council.
(e) For the purposes of (b) and 3(b) above, an agreement under Article XII, Section 3(i)(ii) by a
member, or by a member that is a participant, shall entitle a Councillor to vote and cast the
number of votes allotted to the member.
6. The first sentence of Article XII, Section 2(a) shall be deemed to include a reference to the
Council.
Schedule E
Election of Executive Directors
1. The election of the elective Executive Directors shall be by ballot of the Governors eligible to
vote.
2. In balloting for the Executive Directors to be elected, each of the Governors eligible to vote shall
cast for one person all of the votes to which he is entitled under Article XII, Section 5(a). The fifteen
persons receiving the greatest number of votes shall be Executive Directors, provided that no person
who received less than four percent of the total number of votes that can be cast (eligible votes) shall
be considered elected.
3. When fifteen persons are not elected in the first ballot, a second ballot shall be held in which
there shall vote only (a) those Governors who voted in the first ballot for a person not elected, and (b)
those Governors whose votes for a person elected are deemed under 4 below to have raised the votes
cast for that person above nine percent of the eligible votes. If in the second ballot there are more
candidates than the number of Executive Directors to be elected, the person who received the lowest
number of votes in the first ballot shall be ineligible for election.
4. In determining whether the votes cast by a Governor are to be deemed to have raised the total of
any person above nine percent of the eligible votes, the nine percent shall be deemed to include, first,
the votes of the Governor casting the largest number of votes for such person, then the votes of the
Governor casting the next largest number, and so on until nine percent is reached.
5. Any Governor, part of whose votes must be counted in order to raise the total of any person
above four percent, shall be considered as casting all of his votes for such person even if the total votes
for such person thereby exceed nine percent.
6. If, after the second ballot, fifteen persons have not been elected, further ballots shall be held on
the same principles until fifteen persons have been elected, provided that after fourteen persons are
elected, the fifteenth may be elected by a simple majority of the remaining votes and shall be deemed
to have been elected by all such votes.
Schedule F
Designation
During the first basic period the rules for designation shall be as follows:
(a) Participants subject to designation under Article XIX, Section 5(a)(i) shall be designated for
such amounts as will promote over time equality in the ratios of the participants' holdings of special
drawing rights in excess of their net cumulative allocations to their official holdings of gold and
foreign exchange.
(b) The formula to give effect to (a) above shall be such that participants subject to designation shall
be designated:
(i)
in proportion to their official holdings of gold and foreign exchange when the ratios
described in (a) above are equal; and
(ii)
in such manner as gradually to reduce the difference between the ratios described in
(a) above that are low and the ratios that are high.
Schedule G
Reconstitution
1. During the first basic period the rules for reconstitution shall be as follows:
(a)
(i) A participant shall so use and reconstitute its holdings of special drawing rights that, five
years after the first allocation and at the end of each calendar quarter thereafter, the average
of its total daily holdings of special drawing rights over the most recent five-year period will
be not less than thirty percent of the average of its daily net cumulative allocation of special
drawing rights over the same period.
(ii) Two years after the first allocation and at the end of each calendar month thereafter the
Fund shall make calculations for each participant so as to ascertain whether and to what
extent the participant would need to acquire special drawing rights between the date of the
calculation and the end of any five-year period in order to comply with the requirement in
(a)(i) above. The Fund shall adopt regulations with respect to the bases on which these
calculations shall be made and with respect to the timing of the designation of participants
under Article XIX, Section 5(a)(ii), in order to assist them to comply with the requirement in
(a)(i) above.
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