Статьи соглашения Международного валютного фонда

en · official · sha256:51f254eb66eabd4a99e7acfd6d60359417e9fc511dabea242e27cbc810379e9bEN

Article I: Purposes The purposes of the International Monetary Fund are: (i) To promote international monetary cooperation through a permanent institution which provides the machinery for consultation and collaboration on international monetary problems. (ii) To facilitate the expansion and balanced growth of international trade, and to contribute thereby to the promotion and maintenance of high levels of employment and real income and to the development of the productive resources of all members as primary objectives of economic policy. (iii) To promote exchange stability, to maintain orderly exchange arrangements among members, and to avoid competitive exchange depreciation. (iv) To assist in the establishment of a multilateral system of payments in respect of current transactions between members and in the elimination of foreign exchange restrictions which hamper the growth of world trade. (v) To give confidence to members by making the general resources of the Fund temporarily available to them under adequate safeguards, thus providing them with opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity. (vi) In accordance with the above, to shorten the duration and lessen the degree of disequilibrium in the international balances of payments of members. The Fund shall be guided in all its policies and decisions by the purposes set forth in this Article.

Ссылаются нормы: BeGuidedByPurposes, FundGuidedByPurposes, StandingRestrictionIsAgainstPurposes

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Article XIV: Transitional Arrangements 1. Notification to the Fund 2. Exchange restrictions 3. Action of the Fund relating to restrictions Section 1. Notification to the Fund Each member shall notify the Fund whether it intends to avail itself of the transitional arrangements in Section 2 of this Article, or whether it is prepared to accept the obligations of Article VIII, Sections 2, 3, and 4. A member availing itself of the transitional arrangements shall notify the Fund as soon thereafter as it is prepared to accept these obligations.

Ссылаются нормы: AcceptanceBindsFromItsDate, NotificationsAreMutuallyExclusive, TransitionalOpenBeforeAcceptance, TransitionalOpenWhereNeverAccepted

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Section 2. Exchange restrictions A member that has notified the Fund that it intends to avail itself of transitional arrangements under this provision may, notwithstanding the provisions of any other articles of this Agreement, maintain and adapt to changing circumstances the restrictions on payments and transfers for current international transactions that were in effect on the date on which it became a member. Members shall, however, have continuous regard in their foreign exchange policies to the purposes of the Fund, and, as soon as conditions permit, they shall take all possible measures to develop such commercial and financial arrangements with other members as will facilitate international payments and the promotion of a stable system of exchange rates. In particular, members shall withdraw restrictions maintained under this Section as soon as they are satisfied that they will be able, in the absence of such restrictions, to settle their balance of payments in a manner which will not unduly encumber their access to the general resources of the Fund.

Ссылаются нормы: TransitionalOverCurrentPaymentLimit, TransitionalOverRestriction, TransitionalRegulationsAreConsistent, TransitionalRestrictionMaintained, TransitionalRestrictionPermitted

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Section 3. Action of the Fund relating to restrictions The Fund shall make annual reports on the restrictions in force under Section 2 of this Article. Any member retaining any restrictions inconsistent with Article VIII, Sections 2, 3, or 4 shall consult the Fund annually as to their further retention. The Fund may, if it deems such action necessary in exceptional circumstances, make representations to any member that conditions are favorable for the withdrawal of any particular restriction, or for the general abandonment of restrictions, inconsistent with the provisions of any other articles of this Agreement. The member shall be given a suitable time to reply to such representations. If the Fund finds that the member persists in maintaining restrictions which are inconsistent with the purposes of the Fund, the member shall be subject to Article XXVI, Section 2(a).

Ссылаются нормы: AnnualConsultationDuty, ConsultFundAnnuallyOnRetainedRestrictions, FundAnnualReportDuty, FundRepresentationsPower, MakeRepresentationsOnRestrictions, PersistenceLeadsToArticleTwentySix, ReportOnTransitionalRestrictions, RetainedRestrictionFromRestrictedPayment

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(d) Payments for current transactions means payments which are not for the purpose of transferring capital, and includes, without limitation: (1) all payments due in connection with foreign trade, other current business, including services, and normal shortterm banking and credit facilities; (2) payments due as interest on loans and as net income from other investments; (3) payments of moderate amount for amortization of loans or for depreciation of direct investments; and (4) moderate remittances for family living expenses. The Fund may, after consultation with the members concerned, determine whether certain specific transactions are to be considered current transactions or capital transactions.

Ссылаются нормы: EnumeratedIsCurrentPayment, ExhaustiveEnumerationReading/UnlistedPaymentIsNotCurrent, FundDeterminationMakesCurrent, ListedCategoryIsEnumerated, ListedCurrentPaymentClosure, WithoutLimitationReading/UnlistedNonCapitalPaymentIsCurrent

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Article XXX: Explanation of Terms In interpreting the provisions of this Agreement the Fund and its members shall be guided by the following provisions:

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Article VI: Capital Transfers 1. Use of the Fund's general resources for capital transfers 2. Special provisions for capital transfers 3. Controls of capital transfers Section 1 Use of the Fund's general resources for capital transfers (a) A member may not use the Fund's general resources to meet a large or sustained outflow of capital except as provided in Section 2 of this Article, and the Fund may request a member to exercise controls to prevent such use of the general resources of the Fund. If, after receiving such a request, a member fails to exercise appropriate controls, the Fund may declare the member ineligible to use the general resources of the Fund. (b) Nothing in this Section shall be deemed: (i) to prevent the use of the general resources of the Fund for capital transactions of reasonable amount required for the expansion of exports or in the ordinary course of trade, banking, or other business; or (ii) to affect capital movements which are met out of a member's own resources, but members undertake that such capital movements will be in accordance with the purposes of the Fund.

Ссылаются нормы: CapitalOutflowOverDefaultUse, CapitalOutflowUseRefused, DeclareMemberIneligible, IneligibilityPower, KeepOwnResourceMovementsWithinPurposes, OwnResourceMovementUndertaking, TradeRelatedCapitalUseNotPrevented, TradeRelatedUseOverCapitalOutflow, UseOfGeneralResourcesPermittedByDefault

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Section 2 Special provisions for capital transfers A member shall be entitled to make reserve tranche purchases to meet capital transfers.

Ссылаются нормы: ReserveTrancheOverCapitalOutflow, ReserveTranchePurchaseAlwaysAvailable

en · official · sha256:f18e713830b57196b17c93cf8b134540f39c3882e854aaa6a40b5caa0b2d9c34EN

Section 3 Controls of capital transfers Members may exercise such controls as are necessary to regulate international capital movements, but no member may exercise these controls in a manner which will restrict payments for current transactions or which will unduly delay transfers of funds in settlement of commitments, except as provided in Article VII, Section 3(b) and in Article XIV, Section 2.

Ссылаются нормы: CapitalControlsAreConsistentRegulations, CapitalControlsDelayingSettlementUnlawful, CapitalControlsPermitted, CapitalControlsRestrictingCurrentPaymentsUnlawful, CurrentPaymentLimitOverCapitalControls, CurrentPaymentReproachOverCapitalControlDefence, LawfulCapitalControlIsNotAgainstPurposes, ScarceCurrencyControlsRemainLawful, SettlementDelayLimitOverCapitalControls, TransitionalControlsRemainLawful

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Section 3. Scarcity of the Fund's holdings (a) If it becomes evident to the Fund that the demand for a member's currency seriously threatens the Fund's ability to supply that currency, the Fund, whether or not it has issued a report under Section 2 of this Article, shall formally declare such currency scarce and shall thenceforth apportion its existing and accruing supply of the scarce currency with due regard to the relative needs of members, the general international economic situation, and any other pertinent considerations. The Fund shall also issue a report concerning its action.

Ссылаются нормы: ApportionScarceCurrency, ScarcityDeclarationObligesApportionment, ScarcityDeclarationRaisesApportionment

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(b) A formal declaration under (a) above shall operate as an authorization to any member, after consultation with the Fund, temporarily to impose limitations on the freedom of exchange operations in the scarce currency. Subject to the provisions of Article IV and Schedule C, the member shall have complete jurisdiction in determining the nature of such limitations, but they shall be no more restrictive than is necessary to limit the demand for the scarce currency to the supply held by, or accruing to, the member in question, and they shall be relaxed and removed as rapidly as conditions permit.

Ссылаются нормы: ScarceCurrencyLimitationPermitted, ScarceCurrencyOverCurrentPaymentLimit, ScarceCurrencyOverRestriction, ScarcityDeclarationAuthorisesLimitation

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(c) The authorization under (b) above shall expire whenever the Fund formally declares the currency in question to be no longer scarce.

Ссылаются нормы: AuthorisationExpiresOnEndOfScarcity, ExpiryOverAuthorisation

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Section 4. Administration of restrictions Any member imposing restrictions in respect of the currency of any other member pursuant to the provisions of Section 3(b) of this Article shall give sympathetic consideration to any representations by the other member regarding the administration of such restrictions.

Ссылаются нормы: ArticleSevenSectionFiveOperates, GiveSympatheticConsideration, SympatheticConsiderationDuty

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Article VIII: General Obligations of Members 1. Introduction 2. Avoidance of restrictions on current payments 3. Avoidance of discriminatory currency practices 4. Convertibility of foreign-held balances 5. Furnishing of information 6. Consultation between members regarding existing international agreements 7. Obligation to collaborate regarding policies on reserve assets Section 1. Introduction In addition to the obligations assumed under other articles of this Agreement, each member undertakes the obligations set out in this Article.

Ссылаются нормы: GeneralObligationsAssumedByEveryMember

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Section 2. Avoidance of restrictions on current payments (a) Subject to the provisions of Article VII, Section 3(b) and Article XIV, Section 2, no member shall, without the approval of the Fund,impose restrictions on the making of payments and transfers for current international transactions.

Ссылаются нормы: ApprovedRestrictionsAreConsistentRegulations, CurrentPaymentsFreeByDefault, FundApprovalOverRestriction, FundApprovalPermitsRestriction, ImposedRestrictionRefutesFreedom, RefrainFromRestrictingCurrentPayments, RefrainFromRestrictingCurrentPaymentsDuty, RestrictionOverFreedom, RestrictionStandsAsInconsistent

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(b) Exchange contracts which involve the currency of any member and which are contrary to the exchange control regulations of that member maintained or imposed consistently with this Agreement shall be unenforceable in the territories of any member. In addition, members may, by mutual accord, cooperate in measures for the purpose of making the exchange control regulations of either member more effective, provided that such measures and regulations are consistent with this Agreement.

Ссылаются нормы: CooperationInExchangeMeasures, ExchangeContractUnenforceable

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Section 3. Avoidance of discriminatory currency practices No member shall engage in, or permit any of its fiscal agencies referred to in Article V, Section 1 to engage in, any discriminatory currency arrangements or multiple currency practices, whether within or outside margins under Article IV or prescribed by or under Schedule C, except as authorized under this Agreement or approved by the Fund. If such arrangements and practices are engaged in at the date when this Agreement enters into force, the member concerned shall consult with the Fund as to their progressive removal unless they are maintained or imposed under Article XIV, Section 2, in which case the provisions of Section 3 of that Article shall apply.

Ссылаются нормы: AuthorisationOverOwnEngagement, AvoidDiscriminatoryCurrencyPractices, AvoidDiscriminatoryPracticesDuty, ConsultOnProgressiveRemoval, FiscalAgencyEngagementOverDefaultFreedom, FiscalAgencyEngagementRefutesFreedom, FreeOfDiscriminatoryPracticesByDefault, FundApprovalOverFiscalAgencyEngagement, FundApprovalOverOwnEngagement, OwnEngagementOverDefaultFreedom, OwnEngagementRefutesFreedom, PracticeApprovedByFund, PracticeAuthorisedUnderAgreement, ProgressiveRemovalConsultationDuty, ProgressiveRemovalRequired, TransitionalPracticeExcusesConsultation, TransitionalPracticeGoesToArticleFourteen, TransitionalPracticeOverConsultation

en · official · sha256:6ac1b7f460fa9b7c5cff6df04c4ec6734d39956e55d508322732ac84895cd434EN

Section 4. Convertibility of foreign-held balances (a) Each member shall buy balances of its currency held by another member if the latter, in requesting the purchase, represents: (i) that the balances to be bought have been recently acquired as a result of current transactions; or (ii) that their conversion is needed for making payments for current transactions. The buying member shall have the option to pay either in special drawing rights, subject to Article XIX, Section 4, or in the currency of the member making the request.

Ссылаются нормы: BuyForeignHeldBalances, BuyingMemberPaymentOption, ConvertibilityDuty, RepresentationConversionNeeded, RepresentationRecentlyAcquired

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(b) The obligation in (a) above shall not apply when: (i) the convertibility of the balances has been restricted consistently with Section 2 of this Article or Article VI, Section 3; (ii) the balances have accumulated as a result of transactions effected before the removal by a member of restrictions maintained or imposed under Article XIV, Section 2; (iii) the balances have been acquired contrary to the exchange regulations of the member which is asked to buy them; (iv) the currency of the member requesting the purchase has been declared scarce under Article VII, Section 3(a); or (v) the member requested to make the purchase is for any reason not entitled to buy currencies of other members from the Fund for its own currency.

Ссылаются нормы: BuyObligationExclusionClosure, ExclusionAccumulatedBeforeRemoval, ExclusionAcquiredContraryToRegulations, ExclusionBuyerNotEntitled, ExclusionRequestingCurrencyScarce, ExclusionRestrictedUnderCapitalControls, ExclusionRestrictedUnderSectionTwo

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Section 5. Furnishing of information (a) The Fund may require members to furnish it with such information as it deems necessary for its activities, including, as the minimum necessary for the effective discharge of the Fund's duties, national data on the following matters: (i) official holdings at home and abroad of (1) gold, (2) foreign exchange; (ii) holdings at home and abroad by banking and financial agencies, other than official agencies, of (1) gold, (2) foreign exchange; (iii) production of gold; (iv) gold exports and imports according to countries of destination and origin; (v) total exports and imports of merchandise, in terms of local currency values, according to countries of destination and origin; (vi) international balance of payments, including (1) trade in goods and services, (2) gold transactions, (3) known capital transactions, and (4) other items; (vii) international investment position, i.e., investments within the territories of the member owned abroad and investments abroad owned by persons in its territories so far as it is possible to furnish this information; (viii) national income; (ix) price indices, i.e., indices of commodity prices in wholesale and retail markets and of export and import prices; (x) buying and selling rates for foreign currencies; (xi) exchange controls, i.e., a comprehensive statement of exchange controls in effect at the time of assuming membership in the Fund and details of subsequent changes as they occur; and (xii) where official clearing arrangements exist, details of amounts awaiting clearance in respect of commercial and financial transactions, and of the length of time during which such arrears have been outstanding. (b) In requesting information the Fund shall take into consideration the varying ability of members to furnish the data requested. Members shall be under no obligation to furnish information in such detail that the affairs of individuals or corporations are disclosed. Members undertake, however, to furnish the desired information in as detailed and accurate a manner as is practicable and, so far as possible, to avoid mere estimates. (c) The Fund may arrange to obtain further information by agreement with members. It shall act as a centre for the collection and exchange of information on monetary and financial problems, thus facilitating the preparation of studies designed to assist members in developing policies which further the purposes of the Fund.

Ссылаются нормы: AccuracyUndertaking, FurnishInformationAccurately, FurnishInformationDuty, FurnishRequiredInformation, FurtherInformationByAgreement, PrivateAffairsLimitDefeatsObligation, PrivateAffairsLimitOverRequirement, RequirementCreatesObligation

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Section 6. Consultation between members regarding existing international agreements Where under this Agreement a member is authorized in the special or temporary circumstances specified in the Agreement to maintain or establish restrictions on exchange transactions, and there are other engagements between members entered into prior to this Agreement which conflict with the application of such restrictions, the parties to such engagements shall consult with one another with a view to making such mutually acceptable adjustments as may be necessary. The provisions of this Article shall be without prejudice to the operation of Article VII, Section 5.

Ссылаются нормы: ArticleSevenSectionFiveNotPrejudiced, ArticleSevenSectionFiveWithoutPrejudice, AuthorisationFromFundApproval, AuthorisationFromScarceCurrency, AuthorisationFromTransitionalArrangements, ConsultOnPriorEngagements, MutualConsultationDuty

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Section 7. Obligation to collaborate regarding policies on reserve assets Each member undertakes to collaborate with the Fund and with other members in order to ensure that the policies of the member with respect to reserve assets shall be consistent with the objectives of promoting better international surveillance of international liquidity and making the special drawing right the principal reserve asset in the international monetary system.

Ссылаются нормы: CollaborateOnReserveAssetPolicies, ReserveAssetCollaborationDuty

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Introductory Article (i) The International Monetary Fund is established and shall operate in accordance with the provisions of this Agreement as originally adopted and subsequently amended. (ii) To enable the Fund to conduct its operations and transactions, the Fund shall maintain a General Department and a Special Drawing Rights Department. Membership in the Fund shall give the right to participation in the Special Drawing Rights Department. (iii) Operations and transactions authorized by this Agreement shall be conducted through the General Department, consisting in accordance with the provisions of this Agreement of the General Resources Account, the Special Disbursement Account, and the Investment Account; except that operations and transactions involving special drawing rights shall be conducted through the Special Drawing Rights Department.

Ссылаются нормы: MemberOnQueriedDay