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22 U.S.C. § 262r–3Reports on financial stabilization programs led by International Monetary Fund in connection with financing from Exchange Stabilization Fund

submitted 28 years ago by Pub. L. 95-118 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 619 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires Treasury to report on IMF-led financial stabilization programs in countries where the U.S. has committed money from the Exchange Stabilization Fund. Reports must cover economic conditions, reforms, trade policy, and loan terms, and are due twice a year starting March 1999.

(a) In general The Treasury Secretary, working with the Commerce Secretary and other agencies, must prepare reports on how financial stabilization programs led by the IMF are being carried out — including their material terms and conditions — in countries where the U.S. has committed or provided financing from the stabilization fund created under section 5302 of title 31. Each report must include: (1) A description of the economic condition of countries needing these programs, including their monetary, fiscal, and exchange rate policies. (2) A description of how fully these countries have carried out financial sector restructuring and reforms the IMF required, including (A) ensuring commercial banks lend on a commercial basis; (B) ensuring governments don't interfere in bank management and lending, except for prudential supervision; (C) enacting and using proper financial reform laws; (D) strengthening the financial system and improving transparency and oversight; and (E) opening domestic capital markets. (3) A description of how fully these countries have carried out IMF-required reforms to corporate governance and structure, including (A) making conglomerates more transparent through accepted accounting practices, independent audits, full disclosure, and consolidated financial statements; and (B) making sure no government subsidies or tax breaks bail out individual companies, particularly in semiconductors, steel, and paper. (4) A description of how IMF-required reforms to deregulate and privatize the economy are being carried out — ending domestic monopolies, liberalizing trade, and opening restricted sectors to foreign investment and competition. (5) A detailed description of these countries' trade policies, including any unfair practices or harm to the United States. (6) A description of how much the stabilization programs have led to fair burden-sharing among private creditors — including rescheduling loans by extending maturities, debt-reduction agreements, and extending new credit. (7) A description of how well the IMF's and the country's economic adjustment policies balance financial stabilization, economic growth, environmental protection, social stability, and fairness across society. (8) Whether IMF involvement in labor market flexibility measures has hurt core worker rights, especially free association and collective bargaining. (9) A description of any pattern of abuses of core worker rights in recipient countries. (10) The amount, interest rate, and disbursement and repayment schedule of any funds disbursed from the stabilization fund — as loans, credits, guarantees, or swaps — supporting these programs. (11) The amount, interest rate, and disbursement and repayment schedule of any IMF funds disbursed to these countries supporting these programs. (b) Timing By March 15, 1999, and every six months after that, the Treasury Secretary must submit a report on subsection (a)'s matters to the House Banking and Financial Services, Ways and Means, and International Relations Committees, and the Senate Finance, Foreign Relations, and Banking, Housing, and Urban Affairs Committees.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary of the Treasury, in consultation with the Secretary of Commerce and other appropriate Federal agencies, shall prepare reports on the implementation of financial stabilization programs (and any material terms and conditions thereof) led by the International Monetary Fund in countries in connection with which the United States has made a commitment to provide, or has provided financing from the stabilization fund established under section 5302 of title 31. The reports shall include the following:

(1)

A description of the condition of the economies of countries requiring the financial stabilization programs, including the monetary, fiscal, and exchange rate policies of the countries.

(2)

A description of the degree to which the countries requiring the financial stabilization programs have fully implemented financial sector restructuring and reform measures required by the International Monetary Fund, including—

(A)

ensuring full respect for the commercial orientation of commercial bank lending;

(B)

ensuring that governments will not intervene in bank management and lending decisions (except in regard to prudential supervision);

(C)

the enactment and implementation of appropriate financial reform legislation;

(D)

strengthening the domestic financial system and improving transparency and supervision; and

(E)

the opening of domestic capital markets.

(3)

A description of the degree to which the countries requiring the financial stabilization programs have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including—

(A)

making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements; and

(B)

ensuring that no government subsidized support or tax privileges will be provided to bail out individual corporations, particularly in the semiconductor, steel, and paper industries.

(4)

A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition.

(5)

A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States.

(6)

A description of the extent to which the financial stabilization programs have resulted in appropriate burden-sharing among private sector creditors, including rescheduling of outstanding loans by lengthening maturities, agreements on debt reduction, and the extension of new credit.

(7)

A description of the extent to which the economic adjustment policies of the International Monetary Fund and the policies of the government of the country adequately balance the need for financial stabilization, economic growth, environmental protection, social stability, and equity for all elements of the society.

(8)

Whether International Monetary Fund involvement in labor market flexibility measures has had a negative effect on core worker rights, particularly the rights of free association and collective bargaining.

(9)

A description of any pattern of abuses of core worker rights in recipient countries.

(10)

The amount, rate of interest, and disbursement and repayment schedules of any funds disbursed from the stabilization fund established under section 5302 of title 31, in the form of loans, credits, guarantees, or swaps, in support of the financial stabilization programs.

(11)

The amount, rate of interest, and disbursement and repayment schedules of any funds disbursed by the International Monetary Fund to the countries in support of the financial stabilization programs.

(b) Timing

Not later than March 15, 1999, and semiannually thereafter, the Secretary of the Treasury shall submit to the Committees on Banking and Financial Services, Ways and Means, and International Relations of the House of Representatives and the Committees on Finance, Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate a report on the matters described in subsection (a).

Source credit: (Pub. L. 95–118, title XVII, § 1704, as added Pub. L. 105–277, div. A, § 101(d) [title VI, § 612], Oct. 21, 1998, 112 Stat. 2681–150, 2681–228; amended Pub. L. 106–200, title IV, § 404(b), May 18, 2000, 114 Stat. 292.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 95-118 · 112 Stat. 2681
  • 2000Amended · Pub. L. 106-200 · 114 Stat. 292

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-118 on 1998-10-21.

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