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2002-09-26 | BWBV0001549 | Verdrag inzake het beheer van het Multilateraal Investeringsfonds

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---
titel: Verdrag inzake het beheer van het Multilateraal Investeringsfonds
bwb_id: BWBV0001549
type: verdrag
status: geldend
datum_inwerkingtreding: '2002-09-26'
bron: https://wetten.overheid.nl/BWBV0001549
citeertitel: Verdrag inzake het beheer van het Multilateraal Investeringsfonds
---
# Verdrag inzake het beheer van het Multilateraal Investeringsfonds
### Artikel I
The Bank shall administer the Fund in accordance with the Fund Agreement and provide depositary and other services in connection with that Agreement.
### Artikel II
The Bank shall administer the Technical Cooperation Facility, the Human Resources Facility, the Small Enterprise Development Facility, and shall administer the Small Enterprise Investment Fund, pursuant to the Fund Agreement.
a) In administering the Fund, the Bank shall undertake the following duties:
(i) to develop, prepare and propose operations to be financed with the resources available under each of the Facilities of the Fund;
(ii) to prepare memoranda on proposed activities for the committee established under Article IV of the Fund Agreement (hereinafter referred to as the ``Donors Committee") to transmit not less than every quarter to the Board of Executive Directors for its information;
(iii) to present proposals for specific operations to the Donors Committee for final approval;
(iv) to execute or arrange for the execution of all operations approved by the Donors Committee; and
(v) to administer the accounts of the Fund, including investment of funds as specified in Article IV, Section 1 (c) hereof.
b) The Bank may request that the Inter-American Investment Corporation administer or execute operations or individual programs when those operations and programs fall within the capabilities and expertise of the Corporation.
c) The Secretary of the Bank shall be secretary of the Donors Committee and shall provide secretariat services, facilities and other support services to facilitate the work of the Donors Committee. In that capacity the Secretary shall also call meetings of the Donors Committee, and at a minimum of fourteen days prior to a meeting, shall distribute the principal documents for the meeting and an agenda to the representative of each Donor designated pursuant to Article IV, Section 1 of the Fund Agreement.
The Bank shall restrict commitments to the extent directed by a Donor pursuant to Article II, Section 1 (c) of the Fund Agreement.
### Artikel III
The Bank shall be depositary for this Agreement, the Fund Agreement, instruments of ratification, acceptance or approval deposited under Article VI, Section 1 of the Fund Agreement, and Instruments of Qualified or Unqualified Contributions deposited under Article II, Section 1 of that Agreement.
The Bank shall establish an account or accounts of the Bank as administrator of the Fund, to receive payments from Donors pursuant to Article II, Section 2 of the Fund Agreement. The Bank shall administer such accounts in accordance with this Agreement.
### Artikel IV
a) The Bank represents that it has authority under Article VII, Section 1 (v) of the Agreement Establishing the Inter-American Development Bank (hereinafter referred to as the ``Charter") to carry out the provisions of this Agreement and that the activities undertaken pursuant to this Agreement will help fulfill the purposes of the Bank.
b) Except as provided otherwise in this Agreement, the Bank shall have the authority to perform all acts and enter into all contracts necessary to carry out its functions under this Agreement.
c) The Bank shall invest monies of the Fund, not needed in its operations, in the same type of securities in which it invests its own funds under its investment authority.
The Bank shall exercise the same care in the discharge of its functions under this Agreement as it exercises with respect to the administration and management of its own affairs.
a) The Bank shall be fully reimbursed from the Fund for both direct and indirect costs for its activities related to the Fund and those of the Inter-American Investment Corporation, including remuneration of staff of the Bank for the time actually dedicated to the administration of the Fund, travel, per diem, communication expenses and other similar directly identifiable expenses, calculated and recorded separately as expenses of administering the Fund.
b) The procedure for determining and calculating the expenses to be reimbursed to the Bank, and the criteria governing reimbursement of the costs described in paragraph a) shall be mutually agreed by the Bank and the Donors Committee in a period of not more than 90 days after the entry into force of the Fund Agreement. This procedure may be reviewed from time to time at the proposal of the Bank or the Donors Committee, and the application of any changes resulting from such review shall require agreement of the Bank and that Committee.
In the administration of the Fund, the Bank may consult and cooperate with national and international organizations, both public and private, operating in the fields of social and economic development, when that would help achieve the purposes of the Fund or maximize efficiency in the use of the resources of the Fund.
ln addition to evaluations requested by the Donors Committee, the Bank shall periodically evaluate the operations it has undertaken under this Agreement and report those evaluations to the Donors Committee.
### Artikel V
The Bank shall keep separate accounts and records of the resources and operations of the Fund, and each of the Facilities of the Fund, in such a way as to permit the identification of the assets, liabilities, income, costs and expenses pertaining to the Fund, and each of its Facilities, separate and independent of all other operations of the Bank. The accounting system used shall also permit the identification and recording of the origin of the various resources received by virtue of this Agreement and the funds generated by them, as well as their application to each of the Facilities. The books of the Fund shall be kept in dollars of the United States of America, for which purpose translations between currencies shall be made at the rate of exchange in effect and used by the Bank at the time of each transaction.
a) As long as the present Agreement shall remain in force, the Administration of the Bank shall present the following information each year in an annual information statement to the Donors Committee within 90 days after the close of its fiscal year:
(i) a statement of assets and liabilities of the Fund and each Facility, a statement of cumulative receipts and expenditures for the Fund and each Facility and a statement of the origin and use of resources of the Fund and each Facility, with such explanatory notes as may be pertinent; and
(ii) information on the progress and results of the projects, programs and other operations of each Facility and on the status of applications presented to each Facility.
b) The statements referred to in paragraph a) of this Section shall be prepared according to the accounting principles used by the Bank in its own operations, and shall be presented together with an opinion issued by the same independent firm of public accountants as designated by the Board of Governors of the Bank for the auditing of the financial statements of the Bank. The fees of the independent firm of accountants shall be charged to the resources of the Fund.
c) The Bank shall produce an annual report and quarterly reports containing information with respect to the receipts and disbursement of, and balances in, the Fund and each of its Facilities.
d) The Donors Committee may also require the Bank, or the firm of public accountants referred to in paragraph b), to provide other reasonable information concerning the operations of the Fund and the audit statements presented.
e) The Small Enterprise Investment Fund shall be accounted for separately from other resources of the Fund.
### Artikel VI
This Agreement shall enter into force on the date the Fund Agreement enters into force.
a) This Agreement shall remain in force as long as the Fund Agreement remains in force.
On termination of that Agreement, or on termination of this Agreement under Section 3 of this Article, this Agreement nevertheless shall remain in force until the Bank completes duties relating to the winding up of Fund operations or the settlement of accounts pursuant to Article VI, Section 4a) of the Fund Agreement.
b) Prior to the end of the initial ten-year period of the Fund Agreement, the Bank shall consult with the Donors Committee about the advisability of extending the operations of the Fund or any Facility for the renewal period specified in that Agreement.
The Bank shall terminate this Agreement in the event that it suspends its own operations under Article X of the Charter, or in the event that it terminates its operations under that Article of the Charter. The Bank shall terminate this Agreement in the event the Fund Agreement is amended so as to require the Bank, in fulfilling the obligations of this Agreement, to act in contravention of the Charter.
On termination of the Fund Agreement or any Facility, or the Small Enterprise Investment Fund, the Bank shall cease all operations under this Agreement or the applicable Facility or the Small Enterprise Investment Fund except those incident to the orderly realization, conservation and preservation of assets and the settlement of obligations. After all relevant liabilities of the Fund or Facility, or the Small Enterprise Investment Fund are discharged or provided for the Bank shall make such allocations or distributions of remaining assets as directed by the Donors Committee under Article V, Section 4 of the Fund Agreement.
### Artikel VII
In the contracts it signs in administering the resources of the Fund, the Bank shall indicate clearly that it is acting in that capacity.
The earnings, profits or benefits arising from financing, investment and other operations carried out with the resources of the Fund shall in no case benefit the Bank. No financing, investment or operation of any kind carried out with the resources of the Fund shall involve the financial obligation or responsibility of the Bank to the Donors and accordingly any loss or deficit that may arise as a result of an operation shall not entitle the Donors to claim indemnification from the Bank, except in cases in which the Bank has departed from the written instructions of the Donors Committee or has failed to act with the same care as it takes in the management of its own resources.
Any prospective donor may adhere to this Agreement by signing it. Any member of the Bank not on Schedule A of the Fund Agreement may adhere to this Agreement after adhering to the Fund Agreement under Article VI, Section 1 of that Agreement. The Bank shall adhere to this Agreement by signature by a duly authorized representative.
This Agreement may be amended only by agreement between the Bank and the Donors Committee, which shall reach decision by a vote of at least two-thirds of the Donors representing three-quarters of the total voting power of the Donors. The approval of all Donors shall be required for an amendment to this Section or which involves any financial or other obligations of Donors.
Any disputes arising under this Agreement between the Bank and the Donors Committee, which are not resolved by consultation, shall be settled by arbitration pursuant to Annex A of this Agreement. Any arbitral award shall be final and shall be implemented by a Donor, Donors or the Bank in accordance with its or their constitutional procedures or the Charter, respectively.
In the operations of the Fund, the financial liability of the Bank shall be limited to the resources and reserves (if any) of the Fund, and the liability of Donors as Donors shall be limited to the unpaid portion of their respective contributions that has become due and payable under the Fund Agreement.
On the date its notice of withdrawal has become effective under Article VI, Section 4a) of the Fund Agreement, a Donor submitting such a notice shall be deemed to have withdrawn from this Agreement. Without prejudice to Article Vl, Section 4b) of the Fund Agreement, the Bank, subject to the approval of the Donors Committee, shall enter into an arrangement with such a Donor for the settlement of their respective claims and obligations.