898-(122)

II SÉRIE-A — NÚMERO 31

PROPOSTA DE RESOLUÇÃO N.° 43/V

APROVA, PARA ADESÃO, A TERCEIRA EMENDA AO ACORDO RELATIVO AO FUNDO MONETÁRIO INTERNACIONAL

Nos termos da alínea d) do n.° 1 do artigo 200.° da Constituição, o Governo apresenta à Assembleia da República a seguinte proposta de resolução:

É aprovada a Terceira Emenda ao Acordo Relativo ao Fundo Monetário Internacional, elaborada em conformidade com a Resolução n.° 45-3, de 28 de Junho de 1990, da Assembleia de Governadores do referido Fundo, cujo texto na língua inglesa e respectiva tradução para a língua portuguesa se publicam em anexo à presente resolução.

Visto e aprovado em Conselho de Ministros de 7 de Fevereiro de 1991. — O Primeiro-Ministro, Aníbal António Cavaco Silva. — O Ministro dos Assuntos Parlamentares, Manuel Joaquim Dias Loureiro. — O Ministro das Finanças, Lu/5 Miguel Couceiro Pizarro Beleza. — O Ministro dos Negócios Estrangeiros, João de Deus Rogado Salvador Pinheiro.

AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE INTERNATIONAL MONETARY FUND

The Governments on whose behalf the present Agreement is signed agree as follows:

1. The text of article xxvi, section 2, shall be amended to read as follows:

(a) If a member fails to fulfill any of its obligations under this Agreement, the Fund may declare the member ineligible to use the general resources of the Fund. Nothing in this section shall be dee-mend to limit the provisions of article v, section 5, or article vi, section 1.

(b) If, after the expiration of a reasonable period following a declaration of ineligibility under (a) above, the member persists in its failure to fulfill any of its obligations under this Agreement, the Fund may, by a 70% majority of the total voting power, suspend the voting rights of the member. During the period of the suspension, the provisions of schedule L shall apply. The Fund may, by a 70% majority of the total voting power, terminate the suspension at any time.

(c) If, after the expiration of a reasonable period following a decision of suspension under {b) above, the member persists in its failure to fulfill any of its obligations under this Agreement, that member may be required to withdraw from membership in the Fund by a dicision of the Board of Governors carried by a majority of the Governors having 85% of the total voting power.

(d) Regulations shall be adopted to ensure that before action is taken against any member under (a), (b) or (c) above, the member shall be informed in reasonable time of the complaint against it and given an adequate opportunity for stating its case, both orally and in writing.

2. A new schedule L shall be added to the articles, to read as follows:

SCHEDULE L Suspension of voting rights

In the case of a suspension of voting rights of a member under article xxvi, section 2, (b), the following provisions shall apply:

1. The member shall not:

(a) Participate in the adoption of a proposed amendment of this Agreement, or be counted in the total number of members for that purpose, except in the case of an amendment requiring acceptance by all members under article XXVI11, (b), or pertaining exclusively to the Special Drawing Rights Department;

(b) Appoint a governor or alternate governor, appoint or participate in the appointment of a councillor or alternate councillor, or appoint, elect, or participate in the election of an executive director.

2. The number of votes allotted to the member shall not be cast in any organ of the Fund. They shall not be included in the calculation of the total voting power, except for purposes of the acceptance of a proposed amendment pertaining exclusively to the Special Drawing Rigths Department.

3. (a) The governor and alternate governor appointed by the member shall cease to hold office.

(b) The councillor and alternate councillor appointed by the member, or in whose appointment the member has participated, shall cease to hold office, provided that, if such councillor was entitled to cast the number of votes alloted to other members whose voting rigths have not been suspended, another councillor and alternate councillor shall be appointed by such other members under schedule D, and, pending such appointment, the councillor and alternate councillor shall continue to hold office, but for a maximum of 30 days from the date of the suspension.

(c) The executive director appointed or elected by the member, or in whose election the member has participated, shall cease to hold office, unless such executive director was entitled to cast the number of votes alloted to other members whose voting rigths have not been suspended. In the latter case:

(0 If more than 90 days remain before the next regular election of executive directors, another executive director shall be elected for the remainder of the term by such other members by a majority of the votes cast; pending such election, the executive director shall continue to hold office, but for a maximum of 30 days from the date of suspension;

(if) If not more than 90 days remain before the next regular election of executive directors, the executive director shall continue to hold office for the remainder of the term.

4. The member shall be entitled to send a representative to attend any meeting of the Board of Governors, the Council, or the Executive Board, but not any meeting of their committees, when a request made by, or a matter particularly affecting, the member is under consideration.