PROYECTO DE ENMIENDA AL CONVENIO CONSTITUTIVO DEL FONDO MONETARIO INTERNACIONAL, DENOMINADO "PROYECTO DE ENMIENDA SOBRE LA REFORMA DEL DIRECTORIO EJECUTIVO"
Aprobado/a por: Ley Nº 18.957 de 24/08/2012 artículo 1.
ATTACHMENT I
Proposed Amendment of the Articles of Agreement of the International
Monetary Fund on the Reform of the Executive Board
The Governments on whose behalf the present Agreement is signed agree as
follows:
1. The text of Article XII, Section 3(b) shall be amended to read as
follows:
"(b) Subjet to (c) below, the Executive Board shall consist of twenty
Executive Directors elected by the members, with the Managing Director as
chairman."
2. The text or Article XII, Section 3(c) shall be amended to read as
follows:
"(c) For the purpose of each regular election of Executive Directors, the
Board of Governors, by an eighty-five percent majority of the total voting
power, may increase or decrease the number of Executive Directors
specified in (b) above."
3. The text of Article XII, Section 3(d) shall be amended to read as
follows:
"(d) Elections of Executive Directors shall be conducted at intervals of
two years in accordance with regulations which shall be adopted by the
Board of Governors. Such regulations shall include a limit on the total
number of votes that more than one member may cast for the same
candidate."
4. The text of Article XII, Section 3(f) shall be amended to read as
follows:
"(f) Executive Directors shall continue in office until their successors
are elected. If the office or an Executive Director becomes vacant more
than ninety days before the end of his term, another Executive Director
shall be elected for the remainder of the term by the members that elected
the former Executive Director. A majority of the votes cast shall be
required for election. While the office remains vacant, the Alternate of
the former Executive Director shall exercise his powers, except that of
appointing an Alternate."
5. The text of Article XII, Section 3(i) shall be amended to read as
follows:
"(i) (i) Each Executive Director shall be entitled to cast the number
of votes which counted towards his election.
(ii) When the provisions of Section 5(b) of this Article are
applicable, the votes which an Executive Director would
otherwise be entitled to cast shall be increased or decreased
correspondingly. All the votes which an Executive Director is
entitled to cast shall be cast as a unit.
(iii) When the suspension of the voting rights of a member is
terminated under Article XXVI, Section 2(b), the member may
agree with all the members that have elected an Executive
Director that the number of votes allotted to that member shall
be cast by such Executive Director, provided that, if no regular
election of Executive Directors has been conducted during the
period of the suspension, the Executive Director in whose
election the member had participated prior to the suspension, or
his successor elected in accordance with paragraph 3(c)(i) of
Schedule L or with (f) above, shall be entitled to cast the
number of votes allotted to the member. The member shall be
deemed to have participated in the election of the Executive
Director entitled to cast the number of votes allotted to the
member."
6. The text of Article XII, Section 3(j) shall be amended to read as
follows:
"(j) The Board of Governors shall adopt regulations under which a member
may send a representative to attend any meeting of the Executive Board
when a request made by, or a matter particularly affecting, that member is
under consideration."
7. The text of Article XII, Section 8 shall be amended to read as
follows:
"The Fund shall at all times have the right to communicate its views
informally to any member on any matter arising under this Agreement. The
Fund may, by a seventy percent majority of the total voting power, decide
to publish a report made to a member regarding its monetary or economic
conditions and developments which directly tend to produce a serious
disequilibrium in the international balance of payments of members. The
relevant member shall be entitled to representation in accordance with
Section 3(f) of this Article. The Fund shall not published a report
involving changes in the fundamental structure of the economic
organization of members."
8. The text of Article XXI(a)(ii) shall be amended to read as follows:
"(a) (ii) For decisions by the Executive Board on matters pertaining
exclusively to the Special Drawing Rights Department only
Executive Directors elected by at least one member that is a
participant shall be entitled to vote. Each of these Executive
Directors shall be entitled to cast the number of votes allotted
to the members that are participants whose botes counted towards
his election. Only the presence of Executive Director elected by
members that are participants and the votes allotted to members
that are participants shall be counted for the purpose of
determining whether a quorum exists or whether a decision is
made by the required majority."
9. The text of Article XXIX(a) shall be amended to read as follows:
"(a) Any questions of interpretation of the provisions of this Agreement
arising between any member and de Fund or between any members of the Fund
shall be submitted to the Executive Board for its decision. If the
question particulary affects any member, it shall be entitled to
representation in accordance whit Article XII, Section 3(f)."
10. The text of paragraph 1(a) of Schedule D shall be amended to read
as follows:
"(a) Each member of group of members that has the number of votes allotted
to it or them cast by an Executive Director shall appoint to the Council
One Councillor, who shall be a Governor. Minister in the government of a
member, or persons of comparable rank, and may appoint not more than seven
Associates. The Board of Governors may change, by an eighty-five present
majority of the total voting power, the number of Associates who may be
appointed. A Councillor or Associate shall serve until a new appointment
is made or until the next regular election of Executive Directors,
whichever shall occur sooner."
11. The text of paragraph 5(e) of Schedule D shall be deleted.
12. Paragraph 5(f) of Schedule D shall be renumbered 5(e) of Schedule
D and the text of the new paragraph 5(e) shall be amended to read as
follows:
"(e) When an Executive Director is entitled to cast the number of votes
allotted to a member pursuant to Article XII Section 3(f)(iii), the
Councillor appointer by the group whose members elected such Executive
Director shall be entitled to vote and cast the number of votes allotted
to such member. The member shall be deemed to have participated in the
appointment of the Councillor entitled to vote and cast the number of
votes allotted to the member."
13. The text of Schedule E shall be amended to read as follows:
"Transitional Provisions with respect to Executive Directors.
1. Upon the entry into force of this Schedule:
(a) Each Executive Director who was appointed pursuant to former
Article XII, Sections 3(b)(i) or 3(c), and was in office
immediately prior to the entry into force of this Schedule, shall
be deemed to have been elected by the member who appointed him; and
(b) Each Executive Director who cast the number of votes of a member
pursuant to former Article XII, Section 3(i)(ii) immediately prior
to the entry into force of this Schedule, shall be deemed to have
been elected by such a member."
14. The text of paragraph 1(b) of Schedule L shall be amended to read
as follows:
"(b) appoint a Governor or Alternate Governor, appoint or participate in
the appointment of a Councillor or Alternate Councillor, or elect or
participate in the election of an Executive Director."
15. The text of the chapeau of paragraph 3(c) of Schedule L shall be
amended to read as follows:
"(c) The Executive Director elected by the member, or in whose elections
the member has participated, shall cease to hold office, unless such
Executive Director was entitled to cast the number of votes allotted to
other members whose voting rights have not been suspended. In the latter
case:"
Ayuda