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ARTICLE VII |
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Borrowing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
New Arrangements to Borrow Preamble In order to enable the International Monetary Fund (the “Fund”) to fulfill more effectively its role in the international monetary system, a number of countries with the financial capacity to support the international monetary system have agreed to provide resources to the Fund up to specified amounts in accordance with the terms and conditions of this decision. As the Fund is a quota-based institution, the credit arrangements provided for under the terms of this decision shall only be drawn upon when quota resources need to be supplemented in order to forestall or cope with an impairment of the international monetary system. In order to give effect to these intentions, the following terms and conditions are adopted under Article VII, Section 1(i) of the Fund’s Articles of Agreement. Paragraph 1. Definitions As used in this decision the term:
(b) For the purposes of this decision, the Monetary Authority of Hong Kong (the “HKMA”) shall be regarded as an official institution of the member whose territories include Hong Kong, provided that:
Paragraph 2. Credit Arrangements
Paragraph 3. Adherence
Paragraph 4. Changes in Amounts of Credit Arrangements
Paragraph 5. Activation Period
Paragraph 6. Resource Mobilization Plans and Calls
Paragraph 7. Procedures for Special Calls
Paragraph 8. Nature and Evidence of Indebtedness
Paragraph 9. Interest (a) The Fund shall pay interest on its indebtedness under this decision at a rate equal to the combined market interest rate computed by the Fund from time to time for the purpose of determining the rate at which it pays interest on holdings of special drawing rights or any such higher rate as may be agreed between the Fund and participants representing 85 percent of the total credit arrangements. (b) Interest shall accrue daily and shall be paid as soon as possible after each July 31, October 31, January 31, and April 30. (c) Interest due to a participant shall be paid, as determined by the Fund in consultation with the participant, in special drawing rights, in the participant’s currency, in the currency borrowed, in freely usable currencies, or, with the agreement of the participant, in other currencies that are actually convertible. Paragraph 10. Use of Borrowed Currency The Fund’s policies and practices under Article V, Sections 3 and 7 of the Articles on the use of its general resources, including those relating to the period of use, shall apply to purchases of currency borrowed by the Fund. Nothing in this decision shall affect the authority of the Fund with respect to requests for the use of its resources by individual members, and access to these resources by members shall be determined by the Fund’s policies and practices, and shall not depend on whether the Fund can borrow under this decision. Paragraph 11. Repayment by the Fund
Paragraph 12. Rates of Exchange
Paragraph 13. Transferability
Paragraph 14. Notices Notice to or by a participating member under this decision shall be in writing or by rapid means of communication and shall be given to or by the fiscal agency of the participating member designated in accordance with Article V, Section 1 of the Articles and Rule G-1 of the Rules and Regulations of the Fund. Notice to or by a participating institution shall be in writing or by rapid means of communication and shall be given to or by the participating institution. Paragraph 15. Amendment
Paragraph 16. Withdrawal of Adherence Without prejudice to paragraph 15(b), a participant may withdraw its adherence to this decision in accordance with paragraph 19(b) but may not withdraw within the period prescribed in paragraph 19(a) except with the agreement of the Fund and all participants. This provision may be amended only with the consent of all participants. Paragraph 17. Withdrawal from Membership If a participating member or a member whose institution is a participant withdraws from membership in the Fund, the participant’s credit arrangement shall cease at the same time as the withdrawal takes effect. The Fund’s indebtedness under the relevant credit arrangement shall be treated as an amount due from the Fund for the purpose of Article XXVI, Section 3 and Schedule J of the Articles. Paragraph 18. Suspension of Exchange Transactions and Liquidation
Paragraph 19. Period and Renewal
Paragraph 20. Interpretation Any question of interpretation raised in connection with this decision (including the GTC) which does not fall within the purview of Article XXIX of the Articles shall be settled to the mutual satisfaction of the Fund, the participant or transferee of a claim raising the question, and all other participants. For the purpose of this paragraph 20 participants shall be deemed to include those former participants to which paragraphs 8 through 14, 17, and 18(b) continue to apply pursuant to paragraph 19(c) to the extent that any such former participant is affected by a question of interpretation that is raised. Paragraph 21. Relationship with the General Arrangements to Borrow and Associated Borrowing Arrangements
Paragraph 22. Other Borrowing Arrangements Nothing in this decision shall preclude the Fund from entering into any other types of borrowing arrangements. Paragraph 23. Transitional Arrangements for Amendments Adopted Pursuant to Decision No. 16645-(20/5), adopted January 16, 2020 At the request of a participant that holds claims, either in the form of loans or notes, on the Fund under bilateral borrowing agreements entered into by the Fund prior to the effectiveness of the amendments to this decision set forth in Decision No. 16645-(20/5), adopted January 16, 2020, and that are related to an activation of such agreements prior to that date, the Managing Director shall make calls under the credit arrangement of such a participant to fund the repayment of such claims. Similarly, at the request of the relevant participant, calls shall be made on a participant that is a participating institution for the repayment of such claims held by the member of which it is an official institution or by the central bank or other fiscal agency designated by the member, or on a participant that is a member for the repayment of such claims held by the central bank or other fiscal agency designated by the member. Notwithstanding paragraph 11(a), the maturity date of claims under credit arrangements arising from such calls shall be the maturity date of the bilateral borrowing agreement claim for whose repayment the call was made. Decision No. 11428-(97/6), January 27, 1997, as amended by Decision Nos. 12880-(02/113), 12881-(02/113), November 12, 2002, 13996-(07/100), November 15, 2007, 14577-(10/35), April 12, 2010, 14721-(10/80), August 5, 2010, 15014-(11/110), November 16, 2011, 15072-(12/1), December 21, 2011, 15073-(12/1), December 21, 2011, 16079-(16/99), November 4, 2016, and 16645-(20/5), January 16, 2020 Attachment I, Annex I Participants and Amounts of Credit Arrangements (In Millions of SDRs)3
Attachment to SM/96/307 NAB Meetings In the course of establishing the new arrangements to borrow (NAB), understandings were reached on procedures and administrative arrangements for meetings of participants. These understandings are intended to complement, but do not supersede or modify, the provisions related to the activation of the new arrangements to borrow, as specified in the Fund decision. Frequency, timing, subject matter, and level of representation Participants agreed that, in addition to any meetings needed for activation, renewal, or amendment of the NAB, it would be appropriate for participants to meet once a year at the time of the annual Fund/Bank meetings to discuss matters pertaining to the NAB. The objective of these meetings would be to review and discuss macroeconomic and financial markets developments, especially those that could have an impact on the stability of the financial system and lead to a possible need for the Fund to seek supplementary resources for the purposes set out in the preamble of the NAB. Participants would be represented by a minister or central bank governor or both. The principal representative could appoint deputies to meet in their stead. The level of the meeting (Ministerial or Deputy) would be determined each year in light of the issues at hand. Chairmanship The Chairmanship of the NAB grouping would rotate annually in the English alphabetical order of the participants, as listed in the Annex to the decision, beginning with the first name on that list.5 The Chair would, in consultation with participants, be responsible for determining the agenda of the meeting, which will be devoted to the matters set out above. These consultations would also serve to determine the level of representation (Ministerial or Deputy) that would be most appropriate for the meeting in question. Support IMF headquarters staff would, under the direction of the Chair, provide secretariat support for the group. This would entail providing logistic support and maintaining an archive of documents concerning the deliberations and decisions taken under the new arrangements to borrow. 1 Ed. Note: The “GTC” is not included in this volume. 2 Ed. Note: This paragraph was amended by Decision No. 15014-(11/110), November 16, 2011, effective November 17, 2011. 3 Credit arrangements are subject to a minimum of SDR 680 million. 4 Ed. Note: Paragraph 3 of Decision 16079-(16/99), November 4, 2016, states: “The credit arrangements of current and new participants in the New Arrangements to Borrow set out in the Annex I to the NAB Decision shall be updated as set out in the Annex of EBS/16/103, (10/21/16) to reflect the effectiveness of the changes in credit arrangements following the implementation of the rollback of credit arrangements in accordance with Executive Board Decision No. 15073-(12/1), adopted December 21, 2011. (EBS/16/103, 10/21/16)” 5 In the event that the Chair was unable to perform its functions, a substitute would be provided by the participant immediately above the Chair on the list of participants in the Annex, or, if that substitute were not available, by the participant immediately below the Chair in that list. |
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Prepared by the Legal Department of the IMF
Note
- Page number references in the text are to the Forty-Third issue hard copy volume.