Debates Parlamentares - Diário 023, p. 671 (1983-07-16)

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16 DE JULHO DE 1983

671

Article 58 Notification of Implementation

Each member shall promptly inform the Bank of the specific action which it has taken to make effective in its territory the provisions of this chapter.

Article 59

Application of Immunities, exemptions and privileges

The immunities, exemptions and privileges provided in this chapter are granted in the interests of the Bank. The Board of Directors may waive, to such extent and upon such conditions as it may determine, the immunities and exemptions provided in articles 52, 54, 56 and 57 of this Agreement in cases where its action would in its opinion further the interests of the Bank. The President shall have the right and the duty to waive the immunity of any official in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Bank.

CHAPTER VIII Amendments, interpretation, arbitration

Article 60 Amendments

1 — Any proposal to introduce modifications to this Agreement, whether emanating from a member, a governor or the Board of Directors, shall be communicated to the Chairman of the Board of Governors, who shall bring the proposal before that Board. If the proposed amendment is approved by the Board, the Bank shall, by circular letter or telegram, ask the members whether they accept the proposed amendment. When two-thirds of the members, having three-quarters of the total voting power of the members, including two-thirds of the regional members having three-quarters of the total voting power of the regional members, have accepted the proposed amendment, the Bank shall certify the fact by formal communication addressed to the members.

2 — Notwithstanding paragraph 1 of this article, the voting majorities provided in article 3, no. 3, may be amended only by the voting majorities sated therein.

3 — Notwithstanding paragraph 1 of this article, acceptance by all the members is required for any amendment modifying:

0 The right secured by paragraph 2 of article 6 of this Agreement;

i'O The limitation on liability provided in paragraph 5 of that article; and

Hi) The right to withdraw from the Bank provided in article 43 of this Agreement.

4 — Amendments shall enter into force for all members three months after the date of the formal communication provided for in paragraph 1 of this article unless the Board of Governors specifies a different period..

5 — Notwithstanding the provisions of paragraph ! of this article, three years at the latest after the entry into force of this Agreement, and in the light of the experience of the Bank, the rule according to which each member should have one vote shall be examined by the Board of Governors8or at a meeting of Heads of State of the member countries in accordance with the conditions that applied to the adoption of - this Agreement.

Article 61 Interpretation

1 — The English and French texts of this Agreement shall be regarded as equally authentic.

2 — Any question of interpretation of the provisions of this Agreemeni arising between any member and the Bank or between any members of the Bank shall be submitted to the Board of Directors for decision. If there is no director of its nationality on that Board, a member particulary affected by the question under consideration shall be entitled to direct representation in such cases. Such right of representation shall be regulated by the Board of Governors.

3 — In any case where the Board of Directors has given a decision under paragraph 2 of this article, any member may require that the question be referred to the Board of Governors, whose decision shall be sought — under a procedure to be established in accordance with paragraph 3 of article 31 of this Agreement — within three months. That decision shall be final.

Article 62 Arbitration

In the case of a dispute between the Bank and the Government of a State which has ceased to be a member, or between the Bank and any member upon the termination of the operations of the Bank, such dispute shall be submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shall be appointed by the Bank, another by Government of the State concerned, and the third arbitrator, unless the parties otherwise agree, shall be appointed by such other authority as may have been prescribed by regulations adopted by the Board of Governors. The third arbitrator shall have full power to settle all questions of procedure in any case where the parties are in disagreement with respect thereto.

CHAPTER IX Final provisions

Article 63 Signature and deposit

1 — This Agreement, deposited with the Secretary-General of the United Nations (hereinafter called the « Depositary*), shall remain open until 31 December 1963 for signature by the Governments of States whose names are set forth in annex A to this Agreement.

2 — The Depositary shall communicate certified copies of this Agreement to all the signatories.

16 DE JULHO DE 1983671Article 58 Notification of ImplementationEach member shall promptly inform the Bank of the specific action which it has taken to make effective in its territory the provisions of this chapter.Article 59Application of Immunities, exemptions and privilegesThe immunities, exemptions and privileges provided in this chapter are granted in the interests of the Bank. The Board of Directors may waive, to such extent and upon such conditions as it may determine, the immunities and exemptions provided in articles 52, 54, 56 and 57 of this Agreement in cases where its action would in its opinion further the interests of the Bank. The President shall have the right and the duty to waive the immunity of any official in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Bank.CHAPTER VIII Amendments, interpretation, arbitrationArticle 60 Amendments1 — Any proposal to introduce modifications to this Agreement, whether emanating from a member, a governor or the Board of Directors, shall be communicated to the Chairman of the Board of Governors, who shall bring the proposal before that Board. If the proposed amendment is approved by the Board, the Bank shall, by circular letter or telegram, ask the members whether they accept the proposed amendment. When two-thirds of the members, having three-quarters of the total voting power of the members, including two-thirds of the regional members having three-quarters of the total voting power of the regional members, have accepted the proposed amendment, the Bank shall certify the fact by formal communication addressed to the members.2 — Notwithstanding paragraph 1 of this article, the voting majorities provided in article 3, no. 3, may be amended only by the voting majorities sated therein.3 — Notwithstanding paragraph 1 of this article, acceptance by all the members is required for any amendment modifying:0 The right secured by paragraph 2 of article 6 of this Agreement;i'O The limitation on liability provided in paragraph 5 of that article; andHi) The right to withdraw from the Bank provided in article 43 of this Agreement.4 — Amendments shall enter into force for all members three months after the date of the formal communication provided for in paragraph 1 of this article unless the Board of Governors specifies a different period..5 — Notwithstanding the provisions of paragraph ! of this article, three years at the latest after the entry into force of this Agreement, and in the light of the experience of the Bank, the rule according to which each member should have one vote shall be examined by the Board of Governors8or at a meeting of Heads of State of the member countries in accordance with the conditions that applied to the adoption of - this Agreement.Article 61 Interpretation1 — The English and French texts of this Agreement shall be regarded as equally authentic.2 — Any question of interpretation of the provisions of this Agreemeni arising between any member and the Bank or between any members of the Bank shall be submitted to the Board of Directors for decision. If there is no director of its nationality on that Board, a member particulary affected by the question under consideration shall be entitled to direct representation in such cases. Such right of representation shall be regulated by the Board of Governors.3 — In any case where the Board of Directors has given a decision under paragraph 2 of this article, any member may require that the question be referred to the Board of Governors, whose decision shall be sought — under a procedure to be established in accordance with paragraph 3 of article 31 of this Agreement — within three months. That decision shall be final.Article 62 ArbitrationIn the case of a dispute between the Bank and the Government of a State which has ceased to be a member, or between the Bank and any member upon the termination of the operations of the Bank, such dispute shall be submitted to arbitration by a tribunal of three arbitrators. One of the arbitrators shall be appointed by the Bank, another by Government of the State concerned, and the third arbitrator, unless the parties otherwise agree, shall be appointed by such other authority as may have been prescribed by regulations adopted by the Board of Governors. The third arbitrator shall have full power to settle all questions of procedure in any case where the parties are in disagreement with respect thereto.CHAPTER IX Final provisionsArticle 63 Signature and deposit1 — This Agreement, deposited with the Secretary-General of the United Nations (hereinafter called the « Depositary*), shall remain open until 31 December 1963 for signature by the Governments of States whose names are set forth in annex A to this Agreement.2 — The Depositary shall communicate certified copies of this Agreement to all the signatories.

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