LegalizeResolução n.º 8-A/78
TEXTO :
Lei n.º 3/78
de 20 de Janeiro
Aprova, para adesão, a segunda emenda ao acordo do Fundo Monetário Internacional, entrado em vigor em 28 de Julho de 1969.
A Assembleia da República resolve, nos termos da alínea j) do artigo 164.º e dos n.os 4 e 5 do artigo 169.º da Constituição, aprovar, para adesão, a segunda emenda ao Acordo Relativo ao Fundo Monetário Internacional, elaborada em conformidade com a Resolução n.º 29-10 da Assembleia de Governadores do referido Fundo, cujo texto em inglês e respectiva tradução figuram em anexo à presente resolução.
Aprovada em 25 de Outubro de 1977.
O Presidente da Assembleia da República, Vasco da Gama Fernandes.
Promulgada em 27 de Dezembro de 1977.
Publique-se.
O Presidente da República, ANTÓNIO RAMALHO EANES. - O Primeiro-Ministro, Mário Soares.
Amendment to the Articles of Agreement of the International Monetary Fund.
The Governments on whose behalf the present Agreement is signed agree as follows:
INTRODUCTORY ARTICLE
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; cial 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.
ARTICLE I
Purposes
The purposes of the International Monetary Fund are:
To promote international monetary co-operation 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;
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.
ARTICLE II
Membership
Section 1. Original members.
The original members of the Fund shall be those of the countries represented at the United Nations Monetary and Financial Conference whose governments accept membership before December 31, 1945.
Section 2. Other members.
Membership shall be open to other countries at such times and in accordance with such terms as may be prescribed by the Board of Governors. These terms, including the terms for subscriptions, shall be based on principles consistent with those applied to other countries that are already members.
ARTICLE III
Quotas and subscriptions
Section 1. Quotas and payment of subscriptions.
Each member shall be assigned a quota expressed in special drawing rights. The quotas of the members represented at the United Nations Monetary and Financial Conference which accept membership before December 31, 1945 shall be those set forth in Schedule A. The quotas of other members shall be determined by the Board of Governors. The subscription of each member shall be equal to its quota and shall be paid in full to the Fund at the appropriate depository.
Section 2. Adjustment of quotas.
The Board of Governors shall at intervals of not more than five years conduct a general review, and if it deems it appropriate propose an adjustment of the quotas of the members. It may also, if it thinks fit, consider at any other time the adjustment of any particular quota at the request of member concerned.
The Fund may at any time propose an increase in the quotas of those members of the Fund that were members on August 31, 1975 in proportion to their quotas on that date in a cumulative amount not in excess of amounts transferred under article V, section 12-f), i) and j) from the Special Disbursement Account to the General Resources Account.
An eighty-five percent majority of the total voting power shall be required for any change in quotas.
The quota of a member shall not be changed until the member has consented and until payment has been made unless payment is deemed to have been made in accordance with section 3-b) of this article.
Section 3. Payments when quotas are changed.
Each member which consents to an increase in its quota under section 2-a) of this article shall, within a period determined by the Fund, pay to the Fund twenty-five percent of the increase in special drawing rights, but the Board of Governors may prescribe that this payment may be made, on the same basis for all members, in whole or in part in the currencies of other members specified, with their concurrence, by the Fund, or in the member's own currency. A non-participant shall pay in the currencies of other members specified by the Fund, with their concurrence, a proportion of the increase corresponding to the proportion to be paid in special drawing rights by participants. The balance of the increase shall be paid by the member in its own currency. The Fund's holdings of a member's currency shall not be increased above the level at which they would be subject to charges under article V, section 8-b), ii), as a result of payments by other members under this provision.
Each member which consents to an increase in its quota under section 2-b) of this article shall be deemed to have paid to the Fund an amount of subscription equal to such increase.
If a member consents to a reduction in its quota, the Fund shall, within sixty days, pay to the member an amount equal to the reduction. The payment shall be made in the member's currency and in such amount of special drawing rights or the currencies of other members specified, with their concurrence, by the Fund as is necessary to prevent the reduction of the Fund's holdings of the currency below the new quota, provided that in exceptional circumstances the Fund may reduce its holdings of the currency below the new quota by payment to the member in its own currency.
A seventy percent majority of the total voting power shall be required for any decision under a) above, except for the determination of a period and the specification of currencies under that provision.
Section 4. Substitution of securities for currency.
The Fund shall accept from any member, in place of any part of the member's currency in the General Resources Account which in the judgement of the Fund is not needed for its operations and transactions, notes or similar obligations issued by the member or the depository designated by the member under article XIII, section 2, which shall be non-negotiable, non-interest bearing and payable at their face value on demand by crediting the account of the Fund in the designated depository. This section shall app]y not only to currency subscribed by members but also to any currency otherwise due to, or acquired by, the Fund and to be placed in the General Resources Account.
ARTICLE IV
Obligations regarding exchange arrangements
Section 1. General obligations of members.
Recognizing that the essential purpose of the international monetary system is to provide a framework that facilitates the exchange of goods, services, and capital among countries, and that sustains sound economic growth, and that a principal objective is the continuing development of the orderly underlying conditions that are necessary for financial and economic stability, each member undertakes to collaborate with the Fund and other members to assure orderly exchange arrangements and to promote a stable system of exchange rates. In particular, each member shall:
Endeavor to direct its economic and financial policies toward the objective of fostering orderly economic growth with reasonable price stability, with due regard to its circumstances;
ii) Seek to promote stability by fostering orderly underlying economic and financial conditions and a monetary system that does not tend to produce erratic disruptions;
iii) Avoid manipulating exchange rates or the international monetary system in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage over other members; and
iv) Follow exchange policies compatible with the undertakings under this section.
Section 2. General exchange arrangements.
Each member shall notify the Fund, within thirty days after the date of the second amendment of this Agreement, of the exchange arrangements it intends to apply in fulfilment of its obligations under section 1 of this article, and shall notify the Fund promptly of any changes in its exchange arrangements.
Under an international monetary system of the kind prevailing on January 1, 1976, exchange arrangements may include i) the maintenance by a member of a value for its currency in terms of the special drawing right or another denominator, other than gold, selected by the member, or ii) co-operative arrangements by which members maintain the value of their currencies in relation to the value of the currency or currencies of other members, or iii) other exchange arrangements of a member's choice.
To accord with the development of the international monetary system, the Fund, by an eighty-five percent majority of the total voting power, may make provision for general exchange arrangements without limiting the rigth of members to have exchange arrangements of their choice consistent with the purposes of the Fund and the obligations under section 1 of this article.
Section 3. Surveillance over exchange arrangements.
The Fund shall oversee the international monetary system in order to ensure its effective operation, and shall oversee the compliance of each member with its obligations under section 1 of this article.
In order to fulfil its functions under a) above, the Fund shall exercise firm surveillance over the exchange rate policies of members, and shall adopt specific principles for the guidance of all members with respect to those policies. Each member shall provide the Fund with the information necessary for such surveillance, and, when requested by the Fund, shall consult with it on the member's exchange rate policies. The principles adopted by the Fund shall be consistent with co-operative arrangements by which members maintain the value of their currencies in relation to the value of the currency or currencies of other members, as well as with other exchange arrangements of a member's choise consistent with the purposes of the Fund and section 1 of this article. These principles shall respect the domestic social and political policies of members, and in applying these principles the Fund shall pay due regard to the circumstances of members.
Section 4. Par values.
The Fund may determine, by an eighty-five percent majority of the total voting power, that international economic conditions permit the introduction of a widespread system of exchange arrangements based on stable but adjustable par values. The Fund shall make the determination on the basis of the underlying stability of the world economy, and for this purpose shall take into account price movements and rates of expansion in the economies of members. The determination shall be made in light of the evolution of the international monetary system, with particular reference to sources of liquidity, and, in order to ensure the effective operation of a system of par values, to arrangements under which both members in surplus and members in deficit in their balances of payments take prompt, effective, and symmetrical action to achieve adjustment, as well as to arrangements for intervention and the treatment of imbalances. Upon making such determination, the Fund shall notify members that the provisions of schedule C apply.
Section 5. Separate currencies within a member's territories.
Action by a member with respect to its currency under this article shall be deemed to apply to the separate currencies of all territories in respect of which the member has accepted this Agreement under article XXXI, section 2-g), unless the member declares that its action relates either to the metropolitan currency alone, or only to one or more specified separate currencies, or to the metropolitan currency and one or more specified separate currencies.
Action by the Fund under this article shall be deemed to relate to all currencies of a member referred to in a) above unless the Fund declares otherwise.
ARTICLE V
Operations and transactions of the Fund
Section 1. Agencies dealing with the Fund.
Each member shall deal with the Fund only through its Treasury, central bank, stabilization fund, or other similar fiscal agency, and the Fund shall deal only with or through the same agencies.
Section 2. Limitation on the Fund's operations and transactions.
Except as otherwise provided in this Agreement, transactions on the account of the Fund shall be limited to transactions for the purpose of supplying a member, on the initiative of such member, with special drawing rights or the currencies of other members from the general resources of the Fund, which shall be held in the General Resources Account, in exchange for the currency of the member desiring to make the purchase.
If requested, the Fund may decide to perform financial and technical services, including the administration of resources contributed by members, that are consistent with the purposes of the Fund. Operations involved in the performance of such financial services shall not be on the account of the Fund. Services under this subsection shall not impose any obligation on a member without its consent.
Section 3. Conditions governing use of the Fund's general resources.
The Fund shall adopt policies on the use of its general resources, including policies on stand-by or similar arrangements, and may adopt special policies for special balance of payments problems, that will assist members to solve their balance of payments problems in a manner consistent with the provisions of this Agreement and that will establish adequate safeguards for the temporary use of the general resources of the Fund.
A member shall be entitled to purchase the currencies of other members from the Fund in exchange for an equivalent amount of its own currency subject to the following conditions:
The member's use of the general resources of the Fund would be in accordance with the provisions of this Agreement and the policies adopted under them;
ii) The member represents that it has a need to make the purchase because of its balance of payments or its reserve position or developments in its reserves;
iii) The proposed purchase would be a reserve tranche purchase, or would not cause the Fund's holdings of the purchasing member's currency to exceed two hundred percent of its quota;
iv) The Fund has not previously declared under section 5 of this article, article VI, section 1, or article XXVI, section 2-a), that the member desiring to purchase is ineligible to use the general resources of the Fund.
The Fund shall examine a request for a purchase to determine whether the proposed purchase would be consistent with the provisions of this Agreement and the policies adopted under them, provided that requests for reserve tranche purchases shall not be subject to challenge.
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