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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

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10. For the purposes of this Schedule, quotas shall be deemed to have been increased to the full
extent to which they could have been increased in accordance with Article III, Section 2(b) of this
Agreement.





THIRD AMENDMENT OF THE ARTICLES OF AGREEMENT
OF THE INTERNATIONAL MONETARY FUND

The Governments on whose behalf the present Agreement is signed agree as follows:

1. The text of Article XXVI, Section 2 shall be amended to read as follows:

(a) If a member fails to fulfill any of its obligations under this Agreement, the Fund may declare the
member ineligible to use the general resources of the Fund. Nothing in this Section shall be deemed to
limit the provisions of Article V, Section 5 or Article VI, Section 1.

(b) If, after the expiration of a reasonable period following a declaration of ineligibility under (a)
above, the member persists in its failure to fulfill any of its obligations under this Agreement, the Fund
may, by a seventy percent majority of the total voting power, suspend the voting rights of the member.
During the period of the suspension, the provisions of Schedule L shall apply. The Fund may, by a
seventy percent majority of the total voting power, terminate the suspension at any time.

(c) If, after the expiration of a reasonable period following a decision of suspension under (b)
above, the member persists in its failure to fulfill any of its obligations under this Agreement, that
member may be required to withdraw from membership in the Fund by a decision of the Board of
Governors carried by a majority of the Governors having eighty-five percent of the total voting power.

(d) Regulations shall be adopted to ensure that before action is taken against any member under (a),
(b), or (c) above, the member shall be informed in reasonable time of the complaint against it and
given an adequate opportunity for stating its case, both orally and in writing.

2. A new Schedule L shall be added to the Articles, to read as follows:

Schedule L
Suspension of Voting Rights

In the case of a suspension of voting rights of a member under Article XXVI, Section 2(b), the
following provisions shall apply:

1. The member shall not:

(a) participate in the adoption of a proposed amendment of this Agreement, or be counted in
the total number of members for that purpose, except in the case of an amendment requiring
acceptance by all members under Article XXVIII(b) or pertaining exclusively to the Special
Drawing Rights Department;

(b) appoint a Governor or Alternate Governor, appoint or participate in the appointment of a
Councillor or Alternate Councillor, or appoint, elect, or participate in the election of an
Executive Director.

2. The number of votes allotted to the member shall not be cast in any organ of the Fund.
They shall not be included in the calculation of the total voting power, except for purposes of
the acceptance of a proposed amendment pertaining exclusively to the Special Drawing Rights
Department.


3. (a) The Governor and Alternate Governor appointed by the member shall cease to hold office.

(b) The Councillor and Alternate Councillor appointed by the member, or in whose
appointment the member has participated, shall cease to hold office, provided that, if such
Councillor was entitled to cast the number of votes allotted to other members whose voting rights

have not been suspended, another Councillor and Alternate Councillor shall be appointed by such
other members under Schedule D, and, pending such appointment, the Councillor and Alternate
Councillor shall continue to hold office, but for a maximum of thirty days from the date of
suspension.

(c) The Executive Director appointed or elected by the member, or in whose election the
member has participated, shall cease to hold office, unless such Executive Director was entitled to
cast the number of votes allotted to other members whose voting rights have not been suspended.
In the latter case:

(i) if more than ninety days remain before the next regular election of Executive
Directors, another Executive Director shall be elected for the remainder of the term by
such other members by a majority of the votes cast; pending such election, the
Executive Director shall continue to hold office, but for a maximum of thirty days
from the date of suspension;

(ii) if not more than ninety days remain before the next regular election of Executive
Directors, the Executive Director shall continue to hold office for the remainder of the
term.

4. The member shall be entitled to send a representative to attend any meeting of the Board of
Governors, the Council, or the Executive Board, but not any meeting of their committees, when a
request made by, or a matter particularly affecting, the member is under consideration.

3. The following shall be added to Article XII, Section 3(i):
(v) When the suspension of the voting rights of a member is terminated under Article XXVI,
Section 2(b), and the member is not entitled to appoint an Executive Director, the member may
agree with all the members that have elected an Executive Director that the number of votes
allotted to that member shall be cast by such Executive Director, provided that, if no regular
election of Executive Directors has been conducted during the period of the suspension, the
Executive Director in whose election the member had participated prior to the suspension, or his
successor elected in accordance with paragraph 3(c) (i) of Schedule L or with (f) above, shall be
entitled to cast the number of votes allotted to the member. The member shall be deemed to have
participated in the election of the Executive Director entitled to cast the number of votes allotted
to the member.

4. The following shall be added to paragraph 5 of Schedule D:
(f) When an Executive Director is entitled to cast the number of votes allotted to a member
pursuant to Article XII, Section 3(i)(v), the Councillor appointed by the group whose members
elected such Executive Director shall be entitled to vote and cast the number of votes allotted to
such member. The member shall be deemed to have participated in the appointment of the
Councillor entitled to vote and cast the number of votes allotted to the member.





FOURTH AMENDMENT OF THE ARTICLES OF AGREEMENT OF THE
INTERNATIONAL MONETARY FUND

The Governments on whose behalf the present Agreement is signed agree as follows:

1. The text of Article XV, Section 1 shall be amended to read as follows:

(a) To meet the need, as and when it arises, for a supplement to existing reserve assets, the Fund is
authorized to allocate special drawing rights in accordance with the provisions of Article XVIII to
members that are participants in the Special Drawing Rights Department.

(b) In addition, the Fund shall allocate special drawing rights to members that are participants in the
Special Drawing Rights Department in accordance with the provisions of Schedule M.


2. A new Schedule M shall be added to the Articles, to read as follows:


Schedule M
Special One-Time Allocation of Special Drawing Rights


1. Subject to 4 below, each member that, as of September 19, 1997, is a participant in the Special
Drawing Rights Department shall, on the 30th day following the effective date of the fourth
amendment of this Agreement, receive an allocation of special drawing rights in an amount that will
result in its net cumulative allocation of special drawing rights being equal to 29.315788813 percent of
its quota as of September 19, 1997, provided that, for participants whose quotas have not been
adjusted as proposed in Resolution No. 45-2 of the Board of Governors, calculations shall be made on
the basis of the quotas proposed in that resolution.

2. (a) Subject to 4 below, each country that becomes a participant in the Special Drawing Rights
Department after September 19, 1997 but within three months of the date of its membership in the
Fund shall receive an allocation of special drawing rights in an amount calculated in accordance with
(b) and (c) below on the 30th day following the later of: (i) the date on which the new member
becomes a participant in the Special Drawing Rights Department, or (ii) the effective date of the fourth
amendment of this Agreement.


(b) For the purposes of (a) above, each participant shall receive an amount of special drawing
rights that will result in such participant's net cumulative allocation being equal to 29.315788813
percent of its quota as of the date on which the member becomes a participant in the Special Drawing
Rights Department, as adjusted:


(i) first, by multiplying 29.315788813 percent by the ratio of the total of quotas, as
calculated under 1 above, of the participants described in (c) below to the total of quotas of such
participants as of the date on which the member became a participant in the Special Drawing Rights
Department, and


(ii) second, by multiplying the product of (i) above by the ratio of the total of the sum of
the net cumulative allocations of special drawing rights received under Article XVIII of the
participants described in (c) below as of the date on which the member became a participant in the

Special Drawing Rights Department and the allocations received by such participants under 1 above to
the total of the sum of the net cumulative allocations of special drawing rights received under Article
XVIII of such participants as of September 19, 1997 and the allocations received by such participants
under 1 above.

(c) For the purposes of the adjustments to be made under (b) above, the participants in the
Special Drawing Rights Department shall be members that are participants as of September 19, 1997
and (i) continue to be participants in the Special Drawing Rights Department as of the date on which
the member became a participant in the Special Drawing Rights Department, and (ii) have received all
allocations made by the Fund after September 19, 1997.

3. (a) Subject to 4 below, if the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to the
membership in the Fund and the participation in the Special Drawing Rights Department of the former
Socialist Federal Republic of Yugoslavia in accordance with the terms and conditions of Executive
Board Decision No. 10237-(92/150), adopted December 14, 1992, it shall receive an allocation of
special drawing rights in an amount calculated in accordance with (b) below on the 30th day following
the later of: (i) the date on which the Federal Republic of Yugoslavia (Serbia/Montenegro) succeeds to
membership in the Fund and participation in the Special Drawing Rights Department in accordance
with the terms and conditions of Executive Board Decision No. 10237-(92/150), or (ii) the effective
date of the fourth amendment of this Agreement.


(b) For the purposes of (a) above, the Federal Republic of Yugoslavia (Serbia/Montenegro) shall
receive an amount of special drawing rights that will result in its net cumulative allocation being equal
to 29.315788813 percent of the quota proposed to it under paragraph 3(c) of Executive Board Decision
No. 10237-(92/150), as adjusted in accordance with 2(b)(ii) and (c) above as of the date on which the
Federal Republic of Yugoslavia (Serbia/Montenegro) qualifies for an allocation under (a) above.


4. The Fund shall not allocate special drawing rights under this Schedule to those participants that
have notified the Fund in writing prior to the date of the allocation of their desire not to receive the
allocation.

5. (a) If, at the time an allocation is made to a participant under 1, 2, or 3 above, the participant has
overdue obligations to the Fund, the special drawing rights so allocated shall be deposited and held in
an escrow account within the Special Drawing Rights Department and shall be released to the
participant upon discharge of all its overdue obligations to the Fund.

(b) Special drawing rights being held in an escrow account shall not be available for any use and
shall not be included in any calculations of allocations or holdings of special drawing rights for the
purposes of the Articles, except for calculations under this Schedule. If special drawing rights
allocated to a participant are held in an escrow account when the participant terminates its participation
in the Special Drawing Rights Department or when it is decided to liquidate the Special Drawing
Rights Department, such special drawing rights shall be canceled.

(c) For purposes of this paragraph, overdue obligations to the Fund consist of overdue
repurchases and charges in the General Resources Account, overdue principal and interest on loans in
the Special Disbursement Account, overdue charges and assessments in the Special Drawing Rights
Department, and overdue liabilities to the Fund as trustee.


(e)
Except for the provisions of this paragraph, the principle of separation between the
General Department and the Special Drawing Rights Department and the
unconditional character of special drawing rights as reserve assets shall be maintained.

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