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22 U.S.C. § 286aaInstructions to United States Executive Director; Communist dictatorships

submitted 81 years ago by Pub. L. 98-181 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 255 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress says Communist dictatorships hurt the world economy by restricting labor and capital. The Treasury Secretary must instruct the U.S. director at the IMF to oppose IMF credit for these countries. An exception applies only if the Secretary certifies three specific conditions in writing.

Congress finds that Communist dictatorships severely restrict how freely labor and capital can move, and create other inefficient supply problems. Congress says these problems help cause balance-of-payments deficits — money problems between what a country pays other countries and what it receives — which goes against the IMF's own goals. Because of this, the Secretary of the Treasury must instruct the U.S. Executive Director of the Fund to actively oppose any use of IMF credit by a Communist dictatorship. There is one exception. It applies only if the Secretary certifies and documents in writing, when asked, and appears (if requested) before the Senate Foreign Relations Committee, the Senate Banking, Housing, and Urban Affairs Committee, and the House Banking, Finance and Urban Affairs Committee — at least 21 days before any vote on the drawing — that the drawing meets all three of these conditions: (1) it gives the country a real basis for fixing its balance-of-payments problems and reaching a sustainable position; (2) it would ease the severe labor and capital mobility restrictions or other inefficient rigidities, and push the country toward more market-based policies; and (3) it serves the economic interest of most people in that country. If the Secretary doesn't meet a request to appear at least 21 days before the vote and doesn't certify in writing that all three conditions are met, the U.S. Executive Director must vote against the program.
the actual law source: uscode.house.gov ↗public domain

The Congress hereby finds that Communist dictatorships result in severe constraints on labor and capital mobility and other highly inefficient labor and capital supply rigidities which contribute to balance of payments deficits in direct contradiction of the goals of the International Monetary Fund. Therefore, the Secretary of the Treasury shall instruct the United States Executive Director of the Fund to actively oppose any facility involving use of Fund credit by any Communist dictatorship, unless the Secretary of the Treasury certifies and documents in writing upon request and so notifies and appears, if requested, before the Foreign Relations and Banking, Housing, and Urban Affairs Committees of the Senate and the Banking, Finance and Urban Affairs Committee of the House of Representatives, at least twenty-one days in advance of any vote on such drawing that such drawing—

(1)

provides the basis for correcting the balance of payments difficulties and restoring a sustainable balance of payments position;

(2)

would reduce the severe constraints on labor and capital mobility or other highly inefficient labor and capital supply rigidities and advances market-oriented forces in that country; and

(3)

is in the best economic interest of the majority of the people in that country.

Should the Secretary not meet a request to appear before the aforementioned committees at least twenty-one days in advance of any vote on any facility involving use of Fund credit by any communist dictatorship and certify and document in writing that these three conditions have been met, the United States Executive Director shall vote against such program.

Source credit: (July 31, 1945, ch. 339, § 43, as added Pub. L. 98–181, title I [title VIII, § 804], Nov. 30, 1983, 97 Stat. 1270; amended Pub. L. 103–149, § 4(b)(6), Nov. 23, 1993, 107 Stat. 1505.)

history & why it existsrecord from the source credit
  • 1945Enacted · Pub. L. 98-181 · 97 Stat. 1270
  • 1993Amended · Pub. L. 103-149 · 107 Stat. 1505

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-181 on 1945-07-31.

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