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22 U.S.C. § 286ooPrinciples for International Monetary Fund lending

submitted 81 years ago by Pub. L. 106-429 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. policy is to push IMF reforms: focus general lending mainly on short-term balance-of-payments needs, and limit medium-term lending to well-defined cases like protracted problems with a strong reform program and little private financing access. Premium pricing should discourage heavy borrowing above 200% of a country's quota. The IMF should also have strong safeguards against misreported information — suspending loans, requiring early repayment, publicizing cases, and requiring independent audits and internal-control disclosures from borrowers.

It is the policy of the United States to work to reform the IMF to achieve these goals: (1) Short-term balance of payments financing. Lending from the IMF's general resources should focus mainly on short-term balance-of-payments financing. (2) Limitations on medium-term financing. Medium-term lending from the IMF's general resources should be limited to well-defined situations, such as: (A) when a member's balance-of-payments problems will last a long time; (B) the member has a strong structural reform program in place; and (C) the member has little or no access to private capital. (3) Premium pricing. The Fund should introduce premium pricing for general-resource lending above 200 percent of a member's quota, to discourage excessive use of Fund lending and push members to rely on private financing as much as possible. (4) Redressing misreporting of information. The Fund should have — and systematically apply — a strong framework of safeguards to respond to, correct, and discourage misreporting of information in a Fund program. This includes: (A) suspending Fund disbursements, and not resuming lending to members who seriously misreport material information, until remedial action and any sanctions are applied; (B) making sure members repay early, where appropriate, Fund resources disbursed based on misreported information; (C) making public any cases of serious misreporting of material information; (D) requiring all members getting new Fund disbursements to conduct annual independent audits of their central bank's financial statements and publish them; and (E) requiring all members seeking new Fund loans to provide detailed information about their internal controls, financial reporting, and audit systems — and, where those systems' adequacy is in doubt, to undergo an on-site review and identify needed fixes.
the actual law source: uscode.house.gov ↗public domain

It is the policy of the United States to work to implement reforms in the International Monetary Fund (IMF) to achieve the following goals:

(1) Short-term balance of payments financing

Lending from the general resources of the Fund should concentrate chiefly on short-term balance of payments financing.

(2) Limitations on medium-term financing

Use of medium-term lending from the general resources of the Fund should be limited to a set of well-defined circumstances, such as—

(A)

when a member’s balance of payments problems will be protracted;

(B)

such member has a strong structural reform program in place; and

(C)

the member has little or no access to private sources of capital.

(3) Premium pricing

Premium pricing should be introduced for lending from the general resources of the Fund, for greater than 200 percent of a member’s quota in the Fund, to discourage excessive use of Fund lending and to encourage members to rely on private financing to the maximum extent possible.

(4) Redressing misreporting of information

The Fund should have in place and apply systematically a strong framework of safeguards and measures to respond to, correct, and discourage cases of misreporting of information in the context of a Fund program, including—

(A)

suspending Fund disbursements and ensuring that Fund lending is not resumed to members that engage in serious misreporting of material information until such time as remedial actions and sanctions, as appropriate, have been applied;

(B)

ensuring that members make early repayments, where appropriate, of Fund resources disbursed on the basis of misreported information;

(C)

making public cases of serious misreporting of material information;

(D)

requiring all members receiving new disbursements from the Fund to undertake annually independent audits of central bank financial statements and publish the resulting audits; and

(E)

requiring all members seeking new loans from the Fund to provide to the Fund detailed information regarding their internal control procedures, financial reporting and audit mechanisms and, in cases where there are questions about the adequacy of these systems, undertaking an on-site review and identifying needed remedies.

Source credit: (July 31, 1945, ch. 339, § 63, as added Pub. L. 106–429, § 101(a) [title VIII, § 805], Nov. 6, 2000, 114 Stat. 1900, 1900A–67.)

history & why it existsrecord from the source credit
  • 1945Enacted · Pub. L. 106-429 · 114 Stat. 1900, 1900

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-429 on 1945-07-31.

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