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eGospodarka.plPrawoAkty prawneProjekty ustawRządowy 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.

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

4221



(iii) The Fund shall give special notice to a participant when the calculations under (a)(ii)
above indicate that it is unlikely that the participant will be able to comply with the
requirement in (a)(i) above unless it ceases to use special drawing rights for the rest of the
period for which the calculation was made under (a)(ii) above.

(iv) A participant that needs to acquire special drawing rights to fulfill this obligation shall be
obligated and entitled to obtain them, for currency acceptable to the Fund, in a transaction
with the Fund conducted through the General Resources Account. If sufficient special
drawing rights to fulfill this obligation cannot be obtained in this way, the participant shall be
obligated and entitled to obtain them with a freely usable currency from a participant which
the Fund shall specify.

(b) Participants shall also pay due regard to the desirability of pursuing over time a balanced
relationship between their holdings of special drawing rights and their other reserves.

2. If a participant fails to comply with the rules for reconstitution, the Fund shall determine whether
or not the circumstances justify suspension under Article XXIII, Section 2(b).

Schedule H
Termination of Participation

1. If the obligation remaining after the setoff under Article XXIV, Section 2(b) is to the terminating
participant and agreement on settlement between the Fund and the terminating participant is not
reached within six months of the date of termination, the Fund shall redeem this balance of special
drawing rights in equal half-yearly installments within a maximum of five years of the date of
termination. The Fund shall redeem this balance as it may determine, either (a) by the payment to the
terminating participant of the amounts provided by the remaining participants to the Fund in
accordance with Article XXIV, Section 5, or (b) by permitting the terminating participant to use its
special drawing rights to obtain its own currency or a freely usable currency from a participant
specified by the Fund, the General Resources Account, or any other holder.

2. If the obligation remaining after the setoff under Article XXIV, Section 2(b) is to the Fund and
agreement on settlement is not reached within six months of the date of termination, the terminating
participant shall discharge this obligation in equal half-yearly installments within three years of the
date of termination or within such longer period as may be fixed by the Fund. The terminating
participant shall discharge this obligation, as the Fund may determine, either (a) by the payment to the
Fund of a freely usable currency, or (b) by obtaining special drawing rights, in accordance with Article
XXIV, Section 6, from the General Resources Account or in agreement with a participant specified by
the Fund or from any other holder, and the setoff of these special drawing rights against the installment
due.

3. Installments under either 1 or 2 above shall fall due six months after the date of termination and
at intervals of six months thereafter.

4. In the event of the Special Drawing Rights Department going into liquidation under Article XXV
within six months of the date a participant terminates its participation, the settlement between the Fund
and that government shall be made in accordance with Article XXV and Schedule I.

Schedule I
Administration of Liquidation of the Special Drawing Rights Department

1. In the event of liquidation of the Special Drawing Rights Department, participants shall
discharge their obligations to the Fund in ten half-yearly installments, or in such longer period as the
Fund may decide is needed, in a freely usable currency and the currencies of participants holding

special drawing rights to be redeemed in any installment to the extent of such redemption, as
determined by the Fund. The first half-yearly payment shall be made six months after the decisionn to
liquidate the Special Drawing Rights Department.

2. If it is decided to liquidate the Fund within six months of the date of the decision to liquidate the
Special Drawing Rights Department, the liquidation of the Special Drawing Rights Department shall
not proceed until special drawing rights held in the General Resources Account have been distributed
in accordance with the following rule:

After the distributions made under 2(a) and (b) of Schedule K, the Fund shall apportion its special
drawing rights held in the General Resources Account among all members that are participants in
proportion to the amounts due to each participant after the distribution under 2(b). To determine the
amount due to each member for the purpose of apportioning the remainder of its holdings of each
currency under 2(d) of Schedule K, the Fund shall deduct the distribution of special drawing rights
made under this rule.

3. With the amounts received under 1 above, the Fund shall redeem special drawing rights held by
holders in the following manner and order:

(a) Special drawing rights held by governments that have terminated their participation more
than six months before the date the Board of Governors decides to liquidate the Special
Drawing Rights Department shall be redeemed in accordance with the terms of any
agreement under Article XXIV or Schedule H.

(b) Special drawing rights held by holders that are not participants shall be redeemed before
those held by participants, and shall be redeemed in proportion to the amount held by each
holder.

(c) The Fund shall determine the proportion of special drawing rights held by each
participant in relation to its net cumulative allocation. The Fund shall first redeem special
drawing rights from the participants with the highest proportion until this proportion is
reduced to that of the second highest proportion; the Fund shall then redeem the special
drawing rights held by these participants in accordance with their net cumulative allocations
until the proportions are reduced to that of the third highest proportion; and this process shall
be continued until the amount available for redemption is exhausted.

4. Any amount that a participant will be entitled to receive in redemption under 3 above shall be set
off against any amount to be paid under 1 above.

5. During liquidation the Fund shall pay interest on the amount of special drawing rights held by
holders, and each participant shall pay charges on the net cumulative allocation of special drawing
rights to it less the amount of any payments made in accordance with 1 above. The rates of interest and
charges and the time of payment shall be determined by the Fund. Payments of interest and charges
shall be made in special drawing rights to the extent possible. A participant that does not hold
sufficient special drawing rights to meet any charges shall make the payment with a currency specified
by the Fund. Special drawing rights received as charges in amounts needed for administrative
expenses shall not be used for the payment of interest, but shall be transferred to the Fund and shall be
redeemed first and with the currencies used by the Fund to meet its expenses.

6. While a participant is in default with respect to any payment required by 1 or 5 above, no
amounts shall be paid to it in accordance with 3 or 5 above.

7. If after the final payments have been made to participants each participant not in default does not
hold special drawing rights in the same proportion to its net cumulative allocation, those participants
holding a lower proportion shall purchase from those holding a higher proportion such amounts in

accordance with arrangements made by the Fund as will make the proportion of their holdings of
special drawing rights the same. Each participant in default shall pay to the Fund its own currency in
an amount equal to its default. The Fund shall apportion this currency and residual claims among
participants in proportion to the amount of special drawing rights held by each and these special
drawing rights shall be cancelled. The Fund shall then close the books of the Special Drawing Rights
Department and all of the Fund's liabilities arising from the allocations of special drawing rights and
the administration of the Special Drawing Rights Department shall cease.

8. Each participant whose currency is distributed to other participants under this Schedule
guarantees the unrestricted use of such currency at all times for the purchase of goods or for payments
of sums due to it or to persons in its territories. Each participant so obligated agrees to compensate
other participants for any loss resulting from the difference between the value at which the Fund
distributed its currency under this Schedule and the value realized by such participants on disposal of
its currency.

Schedule J
Settlement of Accounts with Members Withdrawing

1. The settlement of accounts with respect to the General Resources Account shall be made
according to 1 to 6 of this Schedule. The Fund shall be obligated to pay to a member withdrawing an
amount equal to its quota, plus any other amounts due to it from the Fund, less any amounts due to the
Fund, including charges accruing after the date of its withdrawal; but no payment shall be made until
six months after the date of withdrawal. Payments shall be made in the currency of the withdrawing
member, and for this purpose the Fund may transfer to the General Resources Account holdings of the
member's currency in the Special Disbursement Account or in the Investment Account in exchange for
an equivalent amount of the currencies of other members in the General Resources Account selected
by the Fund with their concurrence.

2. If the Fund's holdings of the currency of the withdrawing member are not sufficient to pay the net
amount due from the Fund, the balance shall be paid in a freely usable currency, or in such other
manner as may be agreed. If the Fund and the withdrawing member do not reach agreement within six
months of the date of withdrawal, the currency in question held by the Fund shall be paid forthwith to
the withdrawing member. Any balance due shall be paid in ten half-yearly installments during the
ensuing five years. Each such installment shall be paid, at the option of the Fund, either in the currency
of the withdrawing member acquired after its withdrawal or in a freely usable currency.

3. If the Fund fails to meet any installment which is due in accordance with the preceding
paragraphs, the withdrawing member shall be entitled to require the Fund to pay the installment in any
currency held by the Fund with the exception of any currency which has been declared scarce under
Article VII, Section 3.

4. If the Fund's holdings of the currency of a withdrawing member exceed the amount due to it, and
if agreement on the method of settling accounts is not reached within six months of the date of
withdrawal, the former member shall be obligated to redeem such excess currency in a freely usable
currency. Redemption shall be made at the rates at which the Fund would sell such currencies at the
time of withdrawal from the Fund. The withdrawing member shall complete redemption within five
years of the date of withdrawal, or within such longer period as may be fixed by the Fund, but shall not
be required to redeem in any half-yearly period more than one-tenth of the Fund's excess holdings of
its currency at the date of withdrawal plus further acquisitions of the currency during such half-yearly
period. If the withdrawing member does not fulfill this obligation, the Fund may in an orderly manner
liquidate in any market the amount of currency which should have been redeemed.

5. Any member desiring to obtain the currency of a member which has withdrawn shall acquire it
by purchase from the Fund, to the extent that such member has access to the general resources of the
Fund and that such currency is available under 4 above.


6. The withdrawing member guarantees the unrestricted use at all times of the currency disposed of
under 4 and 5 above for the purchase of goods or for payment of sums due to it or to persons within its
territories. It shall compensate the Fund for any loss resulting from the difference between the value of
its currency in terms of the special drawing right on the date of withdrawal and the value realized in
terms of the special drawing right by the Fund on disposal under 4 and 5 above.

7. If the withdrawing member is indebted to the Fund as the result of transactions conducted
through the Special Disbursement Account under Article V, Section 12(f)(ii), the indebtedness shall be
discharged in accordance with the terms of the indebtedness.

8. If the Fund holds the withdrawing member's currency in the Special Disbursement Account or in
the Investment Account, the Fund may in an orderly manner exchange in any market for the currencies
of members the amount of the currency of the withdrawing member remaining in each account after
use under 1 above, and the proceeds of the exchange of the amount in each account shall be kept in
that account. Paragraph 5 above and the first sentence of 6 above shall apply to the withdrawing
member's currency.

9. If the Fund holds obligations of the withdrawing member in the Special Disbursement Account
pursuant to Article V, Section 12(h), or in the Investment Account, the Fund may hold them until the
date of maturity or dispose of them sooner. Paragraph 8 above shall apply to the proceeds of such
disinvestment.

10. In the event of the Fund going into liquidation under Article XXVII, Section 2 within six
months of the date on which the member withdraws, the accounts between the Fund and that
government shall be settled in accordance with Article XXVII, Section 2 and Schedule K.

Schedule K
Administration of Liquidation

1. In the event of liquidation the liabilities of the Fund other than the repayment of subscriptions
shall have priority in the distribution of the assets of the Fund. In meeting each such liability the Fund
shall use its assets in the following order:

(a) the currency in which the liability is payable;

(b) gold;

(c) all other currencies in proportion, so far as may be practicable, to the quotas of the
members.

2. After the discharge of the Fund's liabilities in accordance with 1 above, the balance of the Fund's
assets shall be distributed and apportioned as follows:

(a)
(i) The Fund shall calculate the value of gold held on August 31, 1975 that it continues to
hold on the date of the decision to liquidate. The calculation shall be made in accordance
with 9 below and also on the basis of one special drawing right per 0.888 671 gram of fine
gold on the date of liquidation. Gold equivalent to the excess of the former value over the
latter shall be distributed to those members that were members on August 31, 1975 in
proportion to their quotas on that date.

(ii) The Fund shall distribute any assets held in the Special Disbursement Account on the
date of the decision to liquidate to those members that were members on August 31, 1975 in

proportion to their quotas on that date. Each type of asset shall be distributed proportionately
to members.

(b) The Fund shall distribute its remaining holdings of gold among the members whose currencies
are held by the Fund in amounts less than their quotas in the proportions, but not in excess of, the
amounts by which their quotas exceed the Fund's holdings of their currencies.

(c) The Fund shall distribute to each member one-half the Fund's holdings of its currency but such
distribution shall not exceed fifty percent of its quota.

(d) The Fund shall apportion the remainder of its holdings of gold and each currency

(i) among all members in proportion to, but not in excess of, the amounts due to each
member after the distributions under (b) and (c) above, provided that distribution under 2(a)
above shall not be taken into account for determining the amounts due, and

(ii) any excess holdings of gold and currency among all the members in proportion to their
quotas.

3. Each member shall redeem the holdings of its currency apportioned to other members under 2(d)
above, and shall agree with the Fund within three months after a decision to liquidate upon an orderly
procedure for such redemption.

4. If a member has not reached agreement with the Fund within the three-month period referred to
in 3 above, the Fund shall use the currencies of other members apportioned to that member under 2(d)
above to redeem the currency of that member apportioned to other members. Each currency
apportioned to a member which has not reached agreement shall be used, so far as possible, to redeem
its currency apportioned to the members which have made agreements with the Fund under 3 above.

5. If a member has reached agreement with the Fund in accordance with 3 above, the Fund shall
use the currencies of other members apportioned to that member under 2(d) above to redeem the
currency of that member apportioned to other members which have made agreements with the Fund
under 3 above. Each amount so redeemed shall be redeemed in the currency of the member to which it
was apportioned.

6. After carrying out the steps in the preceding paragraphs, the Fund shall pay to each member the
remaining currencies held for its account.

7. Each member whose currency has been distributed to other members under 6 above shall redeem
such currency in the currency of the member requesting redemption, or in such other manner as may
be agreed between them. If the members involved do not otherwise agree, the member obligated to
redeem shall complete redemption within five years of the date of distribution, but shall not be
required to redeem in any half-yearly period more than one-tenth of the amount distributed to each
other member. If the member does not fulfill this obligation, the amount of currency which should
have been redeemed may be liquidated in an orderly manner in any market.

8. Each member whose currency has been distributed to other members under 6 above guarantees
the unrestricted use of such currency at all times for the purchase of goods or for payment of sums due
to it or to persons in its territories. Each member so obligated agrees to compensate other members for
any loss resulting from the difference between the value of its currency in terms of the special drawing
right on the date of the decision to liquidate the Fund and the value in terms of the special drawing
right realized by such members on disposal of its currency.

9. The Fund shall determine the value of gold under this Schedule on the basis of prices in the
market.
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