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2021-02-18 | BWBV0003787 | Overeenkomst tot instelling van het Internationaal Fonds voor Agrarische Ontwikkeling

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verdrag/overeenkomst-tot-instelling-van-het-internationaal-fonds-voor-agrarische-ontwikk/BWBV0003787/README.md
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@ -48,7 +48,7 @@ The resources of the Fund shall consist of:
(i) initial contributions;
(ii) additional contributions;
(iii) special contributions from non-member States and from other sources;
(iv) funds derived or to be derived from operations or otherwise accruing to the Fund.
(iv) funds derived or to be derived from operations or otherwise accruing to the Fund, including by borrowing from Members and other sources.
(a) The amount of an initial contribution of an original and a non-original Member shall be the amount and in the currency of such contribution specified by the Member in its instrument of ratification, acceptance, approval or accession deposited by that Member pursuant to Section 1(b) and (c) of Article 13 of this Agreement.
(b) The initial contribution of each Member shall be due and payable in the forms set forth in Section 5 (b) and (c) of this Article, either in a single sum or, at the option of the Member, in three equal annual instalments. The single sum or the first annual instalment shall be due on the thirtieth day after this Agreement enters into force with respect to that Member; any second and third instalments shall be due on the first and on the second anniversary of the date on which the first instalment was due.
@ -57,17 +57,20 @@ In order to assure continuity in the operations of the Fund, the Governing Counc
The Governing Council may authorize, at any time, a Member to increase the amount of any of its contributions.
a) Contributions shall be made without restriction as to use and shall be refunded to contributing Members only in accordance with section 4 of article 9.
b) Contributions shall be made in freely convertible currencies.
c) Contributions to the Fund shall be made in cash or, to the extent that any part of such contributions is not needed immediately by the Fund in its operations, such part may be paid in the form of nonnegotiable, irrevocable, non-interest-bearing promissory notes or obligations payable on demand. In order to finance its operations, the Fund shall draw down all contributions (regardless of the form in which they are made) as follows:
(a) Contributions shall be made without restriction as to use and shall be refunded to contributing Members only in accordance with section 4 of article 9.
(b) Contributions shall be made in freely convertible currencies.
(c) Contributions to the Fund shall be made in cash or, to the extent that any part of such contributions is not needed immediately by the Fund in its operations, such part may be paid in the form of non-negotiable, irrevocable, non-interest bearing promissory notes or obligations payable on demand. In order to finance its operations, the Fund shall draw down all contributions (regardless of the form in which they are made) as follows:
(i) contributions shall be drawn down on a pro rata basis over reasonable periods of time as determined by the Executive Board;
(ii) where a contribution is paid partly in cash, the part so paid shall be drawn down, in accordance with paragraph (i), before the rest of the contribution. Except to the extent that the part paid in cash is thus drawn down, it may be deposited or invested by the Fund to produce income to help defray its administrative and other expenditures;
(ii) where a contribution is paid partly in cash, the part so paid shall be drawn down, in accordance with paragraph (i), before the rest of the contribution. Except to the extent that the part paid in cash is thus drawn down, it may be deposited or invested by the Fund to produce income to help defray its administrative and other expenditures:
(iii) all initial contributions, as well as any increases in them, shall be drawn down before any additional contributions are drawn down. The same rule shall apply to further additional contributions.
d) Notwithstanding subsection (c) above, contributions to the Fund may also be made in the form of the grant element of a concessional partner loan; for this purpose, a “concessional partner loan” shall mean a loan provided by a Member or one of its state-supported institutions, which includes a grant element for the benefit of the Fund and is otherwise consistent with the Concessional Partner Loan Framework approved by the Executive Board; and “state-supported institution” shall mean any state-owned or state-controlled enterprise and development finance institution of a Member, with the exception of multilateral institutions.
(d) Notwithstanding subsection (c) above, contributions to the Fund may also be made in the form of the grant element of a concessional partner loan; for this purpose, a “concessional partner loan” shall mean a loan provided by a Member or one of its state-supported institutions, which includes a grant element for the benefit of the Fund and is otherwise consistent with the Concessional Partner Loan Framework approved by the Executive Board; and “state-supported institution” shall mean any state-owned or state-controlled enterprise and development finance institution of a Member, with the exception of multilateral institutions.
(e) Notwithstanding subsection (c) above, contributions to the Fund may also be made in the form of the discount or the credit generated from the early encashment of contributions in accordance with the mechanism approved by the Governing Council.
The resources of the Fund may be increased by special contributions from non-member States or other sources on such terms and conditions, consistent with Section 5 of this Article, as shall be approved by the Governing Council on the recommendation of the Executive Board.
The Fund shall be authorized to borrow funds from Member States or from other sources, buy and sell securities that the Fund has issued or guaranteed, and exercise such powers incidental to its borrowing activities as shall be necessary or desirable in furtherance of its purposes.
### Artikel 5
(a) Members shall not maintain or impose any restriction on the holding or use by the Fund of freely convertible currencies.
@ -102,18 +105,21 @@ The Fund shall have:
(f) The Governing Council may, by a two-thirds majority of the total number of votes, adopt such regulations and by-laws not inconsistent with this Agreement as may be appropriate to conduct the business of the Fund.
(g) A quorum for any meeting of the Governing Council shall be constituted by Governors exercising two-thirds of the total votes of all its members.
(a) The total number of votes in the Governing Council shall be comprised of Original Votes and Replenishment Votes. All Members shall have equal access to those votes on the following basis;
(a) The total number of votes in the Governing Council shall be comprised of Original Votes and Replenishment Votes. All Members shall have equal access to those votes on the following basis:
(i) **Original Votes** shall consist of a total of one thousand eight hundred (1 800) votes made up of membership votes and contribution votes:
A) **membership votes** shall be distributed equally among all Members; and
B) **contribution votes** shall be distributed among all Members in the proportion that each Member’s cumulative paid contributions to the resources of the Fund, authorised by the Governing Council prior to 26 January 1995 and made by Members in accordance with Sections 2, 3 and 4 of Article 4 of this Agreement, bear to the aggregate of the total of the said contributions paid by all Members;
(ii) **Replenishment Votes** shall be made up of membership votes and contribution votes in a total amount of votes to be decided by the Governing Council upon each occasion that it calls for additional contributions under Section 3 of Article 4 of this Agreement (a “replenishment”) commencing with the fourth such replenishment. Except as the Governing Council shall by a two-thirds majority of the total number of votes otherwise decide, the votes for each replenishment shall be established in the ratio of one hundred (100) votes for the equivalent of each one hundred and fifty eight million United States dollars (USD 158 000 000) contributed to the total amount of that replenishment, or a fraction thereof;
(A) **membership votes** shall be distributed equally among all Members; and
(B) **contribution votes **shall be distributed among all Members in the proportion that each Member’s cumulative paid contributions to the resources of the Fund, authorized by the Governing Council prior to 26 January 1995 and made by Members in accordance with Sections 2, 3 and 4 of Article 4 of this Agreement, bear to the aggregate of the total of the said contributions paid by all Members;
(ii) **Replenishment Votes** shall be made up of membership votes and contribution votes in a total amount of votes to be decided by the Governing Council upon each occasion that it calls for additional contributions under Section 3 of Article 4 of this Agreement (a “replenishment”) commencing with the fourth such replenishment. Except as the Governing Council shall by a two-thirds majority of the total number of votes otherwise decide, the votes for each replenishment shall be established in the ratio of one hundred (100) votes for the equivalent of each one hundred and fifty eight million United States dollars (USD 158 000 000) contributed to the total amount of that replenishment, or a fraction thereof:
A) **membership votes** shall be distributed equally among all Members on the same basis as that set forth in provision (i)(A) above; and
B) **contribution votes** shall be distributed among all Members in the proportion that each Member’s paid contribution to the resources contributed to the Fund by Members for each replenishment bears to the aggregate of the total contributions paid by all Members to the said replenishment; and
(A) **membership votes** shall be distributed equally among all Members on the same basis as that set forth in provision (i)(A) above; and
(B) **contribution votes** shall be distributed among all Members in the proportion that each Member’s paid contribution to the resources contributed to the Fund by Members for each replenishment bears to the aggregate of the total contributions paid by all Members to the said replenishment; and
(iii) The Governing Council shall decide the total number of votes to be allocated as membership votes and contribution votes under paragraphs (i) and (ii) of this Section. Upon any change in the number of Members of the Fund, the membership votes and contribution votes distributed under paragraphs (i) and (ii) of this Section shall be redistributed in accordance with the principles laid down in the said paragraphs. In the allocation of votes, the Governing Council shall ensure that those Members classified as members of Category III before 26 January 1995 receive one-third of the total votes as membership votes.3)The allocation of votes shall be in accordance with the basic principles approved by the Governing Council in the Report of the Special Committee and, in particular, paragraph 5 thereof. The Governing Council, at each replenishment, will adopt a resolution dealing with the replenishment and the distribution of votes among Members of the Governing Council and the Executive Board for each replenishment period from the Fourth Replenishment onwards. The resolution on the Fourth Replenishment will contain details of the votes distributed to Members up to the end of the Third Replenishment period.
(b) Except as otherwise specified in this Agreement, decisions of the Governing Council shall be taken by a simple majority of the total number of votes.
(b) For the purposes of Section 3 (a)(i)(B) and (ii)(B) above, the grant element of a concessional partner loan and the discount or the credit generated from the early encashment of contributions shall be considered as “paid contributions” and contributions votes shall be distributed accordingly; and
(c) Except as otherwise specified in this Agreement, decisions of the Governing
Council shall be taken by a simple majority of the total number of votes.
The Governing Council shall elect a Chairman from among the Governors, who shall serve for two years.
@ -148,7 +154,7 @@ The Fund shall publish an annual report containing an audited statement of its a
### Artikel 7
(a) The resources of the Fund shall be used to achieve the objective specified in Article 2.
(b) Financing by the Fund shall be provided only for the benefit of developing States that are Members of the Fund. Such financing may be provided directly to developing Member States or through intergovernmental organizations in which such Members participate or to, or through, private sector organizations and enterprises. In the case of a loan to an intergovernmental organization, the Fund may require suitable governmental or other guarantees.
(b) Financing by the Fund shall be provided only for the benefit of developing States that are Members of the Fund. Such financing may be provided directly to developing Member States or political subdivisions thereof, or through intergovernmental organizations in which such Members participate or to, or through, national development banks, private sector organizations and enterprises, or other entities as assessed from time to time by the Executive Board. In the case of a loan provided to an entity other than a Member State, the Fund shall normally require a suitable governmental or other guarantees, unless the Executive Board decides otherwise on the basis of a thorough assessment concerning related risks and safeguards.
(c) The Fund shall make arrangements to ensure that the proceeds of any financing are used only for the purposes for which the financing was provided, with due attention to considerations of economy, efficiency and social equity.
(d) In allocating its resources the Fund shall be guided by the following priorities:
@ -194,13 +200,22 @@ Whenever a State ceases to be a Member, whether by withdrawal or through the ope
The Fund shall possess international legal personality.
(a) The Fund shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the exercise of its functions and for the fulfilment of its objective. Representatives of Members, the President and the staff of the Fund shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Fund.
(a) The Fund shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the exercise of its functions and for the fulfilment of its objective. Representatives of Members, the President and the staff of the Fund shall enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Fund.
(b) The privileges and immunities referred to in paragraph (a) shall:
(i) in the territory of any Member that has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies in respect of the Fund, be as defined in the standard clauses of that Convention as modified by an annex thereto approved by the Governing Council;
(ii) in the territory of any Member that has acceded to the Convention on the Privileges and Immunities of the Specialized Agencies only in respect of agencies other than the Fund, be as defined in the standard clauses of that Convention, except if such Member notifies the Depositary that such clauses shall not apply to the Fund or shall apply subject to such modifications as may be specified in the notification;
(iii) be as defined in other agreements entered into by the Fund.
(c) In respect of a Member that is a grouping of States, it shall ensure that the privileges and immunities referred to in this Article are applied in the territories of all members of the grouping.
(d) Notwithstanding Section 2(a) – (c) above, actions arising out of its authorities under Article 4, Section 7 may be brought against the Fund only in a court of competent jurisdiction in the territories of a Member where:
(i) it has appointed an agent for the purpose of accepting service or notice of process; or
(ii) the Fund has issued or guaranteed securities,
provided, however, that:
(A) no action shall be brought by Member States or persons acting for or deriving claims from Members; and
(B) the property and assets of the Fund shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgement against the Fund.
### Artikel 11