スキップしてメイン コンテンツに移動

国際通貨基金協定 1944年07月22日

 国際通貨基金協定(和訳なし)


ARTICLES OF AGREEMENT OF THE INTERNATIONAL MONETARY FUND

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

INTRODUCTORY ARTICLE

The International Monetary Fund is established and shall operate in accordance with the following

provisions:

ARTICLE I

Purposes

The purposes of the International Monetary Fund are:

(i) To promote international monetary cooperation through a permanent institution which provides the

machinery for consultation and collaboration on international monetary problems.

(ii) To facilitate the expansion and balanced growth of international trade, and to contribute thereby to the

promotion and maintenance of high levels of employment and real income and to the development of the

productive resources of all members as primary objectives of economic policy.

(iii) To promote exchange stability, to maintain orderly exchange arrangements among members, and to

avoid competitive exchange depreciation.

(iv) To assist in the establishment of a multilateral system of payments in respect of current transactions

between members and in the elimination of foreign exchange restrictions which hamper the growth of world

trade.

(v) To give confidence to members by making the Fund’s resources available to them under adequate

safeguards, thus providing them with opportunity to correct maladjustments in their balance of payments

without resorting to measures destructive of national or international prosperity.

(vi) In accordance with the above, to shorten the duration and lessen the degree of disequilibrium in the

international balances of payments of members.

The Fund shall be guided in all its decisions by the purposes set forth in this Article.

ARTICLE II

Membership

Section 1.Original members

3 / 36 05/11/2012

The original members of the Fund shall be those of the countries represented at the United Nations

Monetary and Financial Conference whose governments accept membership before the date specified in

Article XX, Section 2 (e).

Section 2.Other members

Membership shall be open to the governments of other countries at such times and in accordance with such

terms as may be prescribed by the Fund.

ARTICLE III

Quotas and Subscriptions

Section 1.Quotas

Each member shall be assigned a quota. The quotas of the members represented at the United Nations

Monetary and Financial Conference which accept membership before the date specified in Article XX,

Section 2 (e), shall be those set forth in Schedule A. The quotas of other members shall be determined by the

Fund.

Section 2.Adjustment of quotas

The Fund shall at intervals of five years review, and if it deems it appropriate propose an adjustment of, the

quotas of the members. It may also, if it thinks fit, consider at any other time the adjustment of any

particular quota at the request of the member concerned. A four-fifths majority of the total voting power

shall be required for any change in quotas and no quota shall be changed without the consent of the member

concerned.

Section 3.Subscriptions: time, place, and form of payment

(a) The subscription of each member shall be equal to its quota and shall be paid in full to the Fund at the

appropriate depository on or before the date when the member becomes eligible under Article XX,

Section 4 (c) or (d), to buy currencies from the Fund.

(b) Each member shall pay in gold, as a minimum, the smaller of

(i) twenty-five percent of its quota; or

(ii) ten percent of its net official holdings of gold and United States dollars as at the date when the Fund

notifies members under Article XX, Section 4 (a) that it will shortly be in a position to begin exchange

transactions.

Each member shall furnish to the Fund the data necessary to determine its net official holdings of gold and

United States dollars.

(c) Each member shall pay the balance of its quota in its own currency.

(d) If the net official holdings of gold and United States dollars of any member as at the date referred to in

(b) (ii) above are not ascertainable because its territories have been occupied by the enemy, the Fund shall

fix an appropriate alternative date for determining such holdings. If such date is later than that on which the

country becomes eligible under Article XX, Section 4 (c) or (d), to buy currencies from the Fund, the Fund

and the member shall agree on a provisional gold payment to be made under (b) above, and the balance of

the member’s subscription shall be paid in the member’s currency, subject to appropriate adjustment

4 / 36 05/11/2012

between the member and the Fund when the net official holdings have been ascertained.

Section 4.Payments when quotas are changed

(a) Each member which consents to an increase in its quota shall, within thirty days after the date of its

consent, pay to the Fund twenty-five percent of the increase in gold and the balance in its own currency. If,

however, on the date when the member consents to an increase, its monetary reserves are less than its new

quota, the Fund may reduce the proportion of the increase to be paid in gold.

(b) If a member consents to a reduction in its quota, the Fund shall, within thirty days after the date of the

consent, pay to the member an amount equal to the reduction. The payment shall be made in the member’s

currency and in such amount of gold as may be necessary to prevent reducing the Fund’s holdings of the

currency below seventy-five percent of the new quota.

Section 5.Substitution of securities for currency

The Fund shall accept from any member in place of any part of the member’s currency which in the

judgment of the Fund is not needed for its operations, notes or similar obligations issued by the member or

the depository designated by the member under Article XIII, Section 2, which shall be non-negotiable, noninterest bearing and payable at their par value on demand by crediting the account of the Fund in the

designated depository. This Section shall apply not only to currency subscribed by members but also to any

currency otherwise due to, or acquired by, the Fund.

ARTICLE IV

Par Values of Currencies

Section 1.Expression of par values

(a) The par value of the currency of each member shall be expressed in terms of gold as a common

denominator or in terms of the United States dollar of the weight and fineness in effect on July 1, 1944.

(b) All computations relating to currencies of members for the purpose of applying the provisions of this

Agreement shall be on the basis of their par values.

Section 2.Gold purchases based on par values

The Fund shall prescribe a margin above and below par value for transactions in gold by members, and no

member shall buy gold at a price above par value plus the prescribed margin, or sell gold at a price below

par value minus the prescribed margin.

Section 3.Foreign exchange dealings based on parity

The maximum and the minimum rates for exchange transactions between the currencies of members taking

place within their territories shall not differ from parity

(i) in the case of spot exchange transactions, by more than one percent; and

(ii) in the case of other exchange transactions, by a margin which exceeds the margin for spot exchange

transactions by more than the Fund considers reasonable.

Section 4.Obligations regarding exchange stability

5 / 36 05/11/2012

(a) Each member undertakes to collaborate with the Fund to promote exchange stability, to maintain orderly

exchange arrangements with other members, and to avoid competitive exchange alterations.

(b) Each member undertakes, through appropriate measures consistent with this Agreement, to permit within

its territories exchange transactions between its currency and the currencies of other members only within

the limits prescribed under Section 3 of this Article. A member whose monetary authorities, for the

settlement of international transactions, in fact freely buy and sell gold within the limits prescribed by the

Fund under Section 2 of this Article shall be deemed to be fulfilling this undertaking.

Section 5.Changes in par values

(a) A member shall not propose a change in the par value of its currency except to correct a fundamental

disequilibrium.

(b) A change in the par value of a member’s currency may be made only on the proposal of the member and

only after consultation with the Fund.

(c) When a change is proposed, the Fund shall first take into account the changes, if any, which have already

taken place in the initial par value of the member’s currency as determined under Article XX, Section 4. If

the proposed change, together with all previous changes, whether increases or decreases,

(i) does not exceed ten percent of the initial par value, the Fund shall raise no objection,

(ii) does not exceed a further ten percent of the initial par value, the Fund may either concur or object, but

shall declare its attitude within seventy-two hours if the member so requests,

(iii) is not within (i) or (ii) above, the Fund may either concur or object, but shall be entitled to a longer

period in which to declare its attitude.

(d) Uniform changes in par values made under Section 7 of this Article shall not be taken into account in

determining whether a proposed change falls within (i), (ii), or (iii) of (c) above.

(e) A member may change the par value of its currency without the concurrence of the Fund if the change

does not affect the international transactions of members of the Fund.

(f) The Fund shall concur in a proposed change which is within the terms of (c) (ii) or (c) (iii) above if it is

satisfied that the change is necessary to correct a fundamental disequilibrium. In particular, provided it is so

satisfied, it shall not object to a proposed change because of the domestic social or political policies of the

member proposing the change.

Section 6.Effect of unauthorized changes

If a member changes the par value of its currency despite the objection of the Fund, in cases where the Fund

is entitled to object, the member shall be ineligible to use the resources of the Fund unless the Fund

otherwise determines; and if, after the expiration of a reasonable period, the difference between the member

and the Fund continues, the matter shall be subject to the provisions of Article XV, Section 2 (b).

Section 7.Uniform changes in par values

Notwithstanding the provisions of Section 5 (b) of this Article, the Fund by a majority of the total voting

power may make uniform proportionate changes in the par values of the currencies of all members, provided

each such change is approved by every member which has ten percent or more of the total of the quotas. The

6 / 36 05/11/2012

par value of a member’s currency shall, however, not be changed under this provision if, within seventy-two

hours of the Fund’s action, the member informs the Fund that it does not wish the par value of its currency

to be changed by such action.

Section 8.Maintenance of gold value of the Fund’s assets

(a) The gold value of the Fund’s assets shall be maintained notwithstanding changes in the par or foreign

exchange value of the currency of any member.

(b) Whenever (i) the par value of a member’s currency is reduced, or (ii) the foreign exchange value of a

member’s currency has, in the opinion of the Fund, depreciated to a significant extent within that member’s

territories, the member shall pay to the Fund within a reasonable time an amount of its own currency equal

to the reduction in the gold value of its currency held by the Fund.

(c) Whenever the par value of a member’s currency is increased, the Fund shall return to such member

within a reasonable time an amount in its currency equal to the increase in the gold value of its currency held

by the Fund.

(d) The provisions of this Section shall apply to a uniform proportionate change in the par values of the

currencies of all members, unless at the time when such a change is proposed the Fund decides otherwise.

Section 9.Separate currencies within a member’s territories

A member proposing a change in the par value of its currency shall be deemed, unless it declares otherwise,

to be proposing a corresponding change in the par value of the separate currencies of all territories in respect

of which it has accepted this Agreement under Article XX, Section 2 (g). It shall, however, be open to a

member to declare that its proposal relates either to the metropolitan currency alone, or only to one or more

specified separate currencies, or to the metropolitan currency and one or more specified separate currencies.

ARTICLE V

Transactions with the Fund

Section 1.Agencies dealing with the Fund

Each member shall deal with the Fund only through its Treasury, central bank, stabilization fund or other

similar fiscal agency and the Fund shall deal only with or through the same agencies.

Section 2.Limitation on the Fund’s operations

Except as otherwise provided in this Agreement, operations on the account of the Fund shall be limited to

transactions for the purpose of supplying a member, on the initiative of such member, with the currency of

another member in exchange for gold or for the currency of the member desiring to make the purchase.

Section 3.Conditions governing use of the Fund’s resources

(a) A member shall be entitled to buy the currency of another member from the Fund in exchange for its

own currency subject to the following conditions:

(i) The member desiring to purchase the currency represents that it is presently needed for making in that

currency payments which are consistent with the provisions of this Agreement;

(ii) The Fund has not given notice under Article VII, Section 3, that its holdings of the currency desired have

become scarce;

7 / 36 05/11/2012

(iii) The proposed purchase would not cause the Fund’s holdings of the purchasing member’s currency to

increase by more than twenty-five percent of its quota during the period of twelve months ending on the date

of the purchase nor to exceed two hundred percent of its quota, but the twenty-five percent limitation shall

apply only to the extent that the Fund’s holdings of the member’s currency have been brought above

seventy-five percent of its quota if they had been below that amount;

(iv) The Fund has not previously declared under Section 5 of this Article, Article IV, Section 6, Article VI,

Section 1, or Article XV, Section 2 (a), that the member desiring to purchase is ineligible to use the

resources of the Fund.

(b) A member shall not be entitled without the permission of the Fund to use the Fund’s resources to acquire

currency to hold against forward exchange transactions.

Section 4.Waiver of conditions

The Fund may in its discretion, and on terms which safeguard its interests, waive any of the conditions

prescribed in Section 3 (a) of this Article, especially in the case of members with a record of avoiding large

or continuous use of the Fund’s resources. In making a waiver it shall take into consideration periodic or

exceptional requirements of the member requesting the waiver. The Fund shall also take into consideration a

member’s willingness to pledge as collateral security gold, silver, securities, or other acceptable assets

having a value sufficient in the opinion of the Fund to protect its interests and may require as a condition of

waiver the pledge of such collateral security.

Section 5.Ineligibility to use the Fund’s resources

Whenever the Fund is of the opinion that any member is using the resources of the Fund in a manner

contrary to the purposes of the Fund, it shall present to the member a report setting forth the views of the

Fund and prescribing a suitable time for reply. After presenting such a report to a member, the Fund may

limit the use of its resources by the member. If no reply to the report is received from the member within the

prescribed time, or if the reply received is unsatisfactory, the Fund may continue to limit the member’s use

of the Fund’s resources or may, after giving reasonable notice to the member, declare it ineligible to use the

resources of the Fund.

Section 6.Purchases of currencies from the Fund for gold

(a) Any member desiring to obtain, directly or indirectly, the currency of another member for gold shall,

provided that it can do so with equal advantage, acquire it by the sale of gold to the Fund.

(b) Nothing in this Section shall be deemed to preclude any member from selling in any market gold newly

produced from mines located within its territories.

Section 7.Repurchase by a member of its currency held by the Fund

(a) A member may repurchase from the Fund and the Fund shall sell for gold any part of the Fund’s holdings

of its currency in excess of its quota.

(b) At the end of each financial year of the Fund, a member shall repurchase from the Fund with gold or

convertible currencies, as determined in accordance with Schedule B, part of the Fund’s holdings of its

currency under the following conditions:

(i) Each member shall use in repurchases of its own currency from the Fund an amount of its monetary

reserves equal in value to one-half of any increase that has occurred during the year in the Fund’s holdings

8 / 36 05/11/2012

of its currency plus one-half of any increase, or minus one-half of any decrease, that has occurred during the

year in the member’s monetary reserves. This rule shall not apply when a member’s monetary reserves have

decreased during the year by more than the Fund’s holdings of its currency have increased.

(ii) If after the repurchase described in (i) above (if required) has been made, a member’s holdings of

another member’s currency (or of gold acquired from that member) are found to have increased by reason of

transactions in terms of that currency with other members or persons in their territories, the member whose

holdings of such currency (or gold) have thus increased shall use the increase to repurchase its own currency

from the Fund.

(c) None of the adjustments described in (b) above shall be carried to a point at which

(i) the member’s monetary reserves are below its quota, or

(ii) the Fund’s holdings of its currency are below seventy-five percent of its quota, or

(iii) the Fund’s holdings of any currency required to be used are above seventy-five percent of the quota of

the member concerned.

Section 8.Charges

(a) Any member buying the currency of another member from the Fund in exchange for its own currency

shall pay a service charge uniform for all members of three-fourths percent in addition to the parity price.

The Fund in its discretion may increase this service charge to not more than one percent or reduce it to not

less than one-half percent.

(b) The Fund may levy a reasonable handling charge on any member buying gold from the Fund or selling

gold to the Fund.

(c) The Fund shall levy charges uniform for all members which shall be payable by any member on the

average daily balances of its currency held by the Fund in excess of its quota. These charges shall be at the

following rates:

(i) On amounts not more than twenty-five percent in excess of the quota: no charge for the first three

months; one-half percent per annum for the next nine months; and thereafter an increase in the charge of

one-half percent for each subsequent year.

(ii) On amounts more than twenty-five percent and not more than fifty percent in excess of the quota: an

additional one-half percent for the first year; and an additional one-half percent for each subsequent year.

(iii) On each additional bracket of twenty-five percent in excess of the quota: an additional one-half percent

for the first year; and an additional one-half percent for each subsequent year.

(d) Whenever the Fund’s holdings of a member’s currency are such that the charge applicable to any bracket

for any period has reached the rate of four percent per annum, the Fund and the member shall consider

9 / 36 05/11/2012

means by which the Fund’s holdings of the currency can be reduced. Thereafter, the charges shall rise in

accordance with the provisions of (c) above until they reach five percent and failing agreement, the Fund

may then impose such charges as it deems appropriate.

(e) The rates referred to in (c) and (d) above may be changed by a three-fourths majority of the total voting

power.

(f) All charges shall be paid in gold. If, however, the member’s monetary reserves are less than one-half of

its quota, it shall pay in gold only that proportion of the charges due which such reserves bear to one-half of

its quota, and shall pay the balance in its own currency.

ARTICLE VI

Capital Transfers

Section 1.Use of the Fund’s resources for capital transfers

(a) A member may not make net use of the Fund’s resources to meet a large or sustained outflow of capital,

and the Fund may request a member to exercise controls to prevent such use of the resources of the Fund. If,

after receiving such a request, a member fails to exercise appropriate controls, the Fund may declare the

member ineligible to use the resources of the Fund.

(b) Nothing in this Section shall be deemed

(i) to prevent the use of the resources of the Fund for capital transactions of reasonable amount required for

the expansion of exports or in the ordinary course of trade, banking or other business, or

(ii) to affect capital movements which are met out of a member’s own resources of gold and foreign

exchange, but members undertake that such capital movements will be in accordance with the purposes of

the Fund.

Section 2.Special provisions for capital transfers

If the Fund’s holdings of the currency of a member have remained below seventy-five percent of its quota

for an immediately preceding period of not less than six months, such member, if it has not been declared

ineligible to use the resources of the Fund under Section 1 of this Article, Article IV, Section 6, Article V,

Section 5, or Article XV, Section 2 (a), shall be entitled, notwithstanding the provisions of Section 1 (a) of

this Article, to buy the currency of another member from the Fund with its own currency for any purpose,

including capital transfers. Purchases for capital transfers under this Section shall not, however, be permitted

if they have the effect of raising the Fund’s holdings of the currency of the member desiring to purchase

above seventy-five percent of its quota, or of reducing the Fund’s holdings of the currency desired below

seventy-five percent of the quota of the member whose currency is desired.

Section 3.Controls of capital transfers

Members may exercise such controls as are necessary to regulate international capital movements, but no

member may exercise these controls in a manner which will restrict payments for current transactions or

which will unduly delay transfers of funds in settlement of commitments, except as provided in Article VII,

Section 3 (b), and in Article XIV, Section 2.

ARTICLE VII

Scarce Currencies

10 / 36 05/11/2012

Section 1.General scarcity of currency

If the Fund finds that a general scarcity of a particular currency is developing, the Fund may so inform

members and may issue a report setting forth the causes of the scarcity and containing recommendations

designed to bring it to an end. A representative of the member whose currency is involved shall participate

in the preparation of the report.

Section 2.Measures to replenish the Fund’s holdings of scarce currencies

The Fund may, if it deems such action appropriate to replenish its holdings of any member’s currency, take

either or both of the following steps:

(i) Propose to the member that, on terms and conditions agreed between the Fund and the member, the latter

lend its currency to the Fund or that, with the approval of the member, the Fund borrow such currency from

some other source either within or outside the territories of the member, but no member shall be under any

obligation to make such loans to the Fund or to approve the borrowing of its currency by the Fund from any

other source.

(ii) Require the member to sell its currency to the Fund for gold.

Section 3.Scarcity of the Fund’s holdings

(a) If it becomes evident to the Fund that the demand for a member’s currency seriously threatens the Fund’s

ability to supply that currency, the Fund, whether or not it has issued a report under Section 1 of this Article,

shall formally declare such currency scarce and shall thenceforth apportion its existing and accruing supply

of the scarce currency with due regard to the relative needs of members, the general international economic

situation and any other pertinent considerations. The Fund shall also issue a report concerning its action.

(b) A formal declaration under (a) above shall operate as an authorization to any member, after consultation

with the Fund, temporarily to impose limitations on the freedom of exchange operations in the scarce

currency. Subject to the provisions of Article IV, Sections 3 and 4, the member shall have complete

jurisdiction in determining the nature of such limitations, but they shall be no more restrictive than is

necessary to limit the demand for the scarce currency to the supply held by, or accruing to, the member in

question; and they shall be relaxed and removed as rapidly as conditions permit.

(c) The authorization under (b) above shall expire whenever the Fund formally declares the currency in

question to be no longer scarce.

Section 4.Administration of restrictions

Any member imposing restrictions in respect of the currency of any other member pursuant to the provisions

of Section 3 (b) of this Article shall give sympathetic consideration to any representations by the other

member regarding the administration of such restrictions.

Section 5.Effect of other international agreements on restrictions

Members agree not to invoke the obligations of any engagements entered into with other members prior to

this Agreement in such a manner as will prevent the operation of the provisions of this Article.

ARTICLE VIII

General Obligations of Members

11 / 36 05/11/2012

Section 1.Introduction

In addition to the obligations assumed under other articles of this Agreement, each member undertakes the

obligations set out in this Article.

Section 2.Avoidance of restrictions on current payments

(a) Subject to the provisions of Article VII, Section 3 (b), and Article XIV, Section 2, no member shall,

without the approval of the Fund, impose restrictions on the making of payments and transfers for current

international transactions.

(b) Exchange contracts which involve the currency of any member and which are contrary to the exchange

control regulations of that member maintained or imposed consistently with this Agreement shall be

unenforceable in the territories of any member. In addition, members may, by mutual accord, co-operate in

measures for the purpose of making the exchange control regulations of either member more effective,

provided that such measures and regulations are consistent with this Agreement.

Section 3.Avoidance of discriminatory currency practices

No member shall engage in, or permit any of its fiscal agencies referred to in Article V, Section 1, to engage

in, any discriminatory currency arrangements or multiple currency practices except as authorized under this

Agreement or approved by the Fund. If such arrangements and practices are engaged in at the date when this

Agreement enters into force the member concerned shall consult with the Fund as to their progressive

removal unless they are maintained or imposed under Article XIV, Section 2, in which case the provisions

of Section 4 of that Article shall apply.

Section 4.Convertibility of foreign held balances

(a) Each member shall buy balances of its currency held by another member if the latter, in requesting the

purchase, represents

(i) that the balances to be bought have been recently acquired as a result of current transactions; or

(ii) that their conversion is needed for making payments for current transactions.

The buying member shall have the option to pay either in the currency of the member making the request or

in gold.

(b) The obligation in (a) above shall not apply

(i) when the convertibility of the balances has been restricted consistently with Section 2 of this Article, or

Article VI, Section 3; or

(ii) when the balances have accumulated as a result of transactions effected before the removal by a member

of restrictions maintained or imposed under Article XIV, Section 2; or

(iii) when the balances have been acquired contrary to the exchange regulations of the member which is

asked to buy them; or

(iv) when the currency of the member requesting the purchase has been declared scarce under Article VII,

Section 3 (a); or

12 / 36 05/11/2012

(v) when the member requested to make the purchase is for any reason not entitled to buy currencies of other

members from the Fund for its own currency.

Section 5.Furnishing of information

(a) The Fund may require members to furnish it with such information as it deems necessary for its

operations, including, as the minimum necessary for the effective discharge of the Fund’s duties, national

data on the following matters:

(i) Official holdings at home and abroad, of (1) gold, (2) foreign exchange.

(ii) Holdings at home and abroad by banking and financial agencies, other than official agencies, of (1) gold,

(2) foreign exchange.

(iii) Production of gold.

(iv) Gold exports and imports according to countries of destination and origin.

(v) Total exports and imports of merchandise, in terms of local currency values, according to countries of

destination and origin.

(vi) International balance of payments, including (1) trade in goods and services, (2) gold transactions,

(3) known capital transactions, and (4) other items.

(vii) International investment position, i.e., investments within the territories of the member owned abroad

and investments abroad owned by persons in its territories so far as it is possible to furnish this information.

(viii) National income.

(ix) Price indices, i.e., indices of commodity prices in wholesale and retail markets and of export and import

prices.

(x) Buying and selling rates for foreign currencies.

(xi) Exchange controls, i.e., a comprehensive statement of exchange controls in effect at the time of

assuming membership in the Fund and details of subsequent changes as they occur.

(xii) Where official clearing arrangements exist, details of amounts awaiting clearance in respect of

commercial and financial transactions, and of the length of time during which such arrears have been

outstanding.

(b) In requesting information the Fund shall take into consideration the varying ability of members to furnish

the data requested. Members shall be under no obligation to furnish information in such detail that the affairs

of individuals or corporations are disclosed. Members undertake, however, to furnish the desired

information in as detailed and accurate a manner as is practicable, and, so far as possible, to avoid mere

13 / 36 05/11/2012

estimates.

(c) The Fund may arrange to obtain further information by agreement with members. It shall act as a centre

for the collection and exchange of information of monetary and financial problems, thus facilitating the

preparation of studies designed to assist members in developing policies which further the purposes of the

Fund.

Section 6.Consultation between members regarding existing international agreements

Where under this Agreement a member is authorized in the special or temporary circumstances specified in

the Agreement to maintain or establish restrictions on exchange transactions, and there are other

engagements between members entered into prior to this Agreement which conflict with the application of

such restrictions, the parties to such engagements will consult with one another with a view to making such

mutually acceptable adjustments as may be necessary. The provisions of this Article shall be without

prejudice to the operation of Article VII, Section 5.

ARTICLE IX

Status, Immunities and Privileges

Section 1.Purposes of Article

To enable the Fund to fulfill the functions with which it is entrusted, the status, immunities and privileges set

forth in this Article shall be accorded to the Fund in the territories of each member.

Section 2.Status of the Fund

The Fund shall possess full juridical personality, and, in particular, the capacity:

(i) to contract;

(ii) to acquire and dispose of immovable and movable property;

(iii) to institute legal proceedings.

Section 3.Immunity from judicial process

The Fund, its property and its assets, wherever located and by whomsoever held, shall enjoy immunity from

every form of judicial process except to the extent that it expressly waives its immunity for the purpose of

any proceedings or by the terms of any contract.

Section 4.Immunity from other action

Property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search,

requisition, confiscation, expropriation or any other form of seizure by executive or legislative action.

Section 5.Immunity of archives

The archives of the Fund shall be inviolable.

Section 6.Freedom of assets from restrictions

To the extent necessary to carry out the operations provided for in this Agreement, all property and assets of

14 / 36 05/11/2012

the Fund shall be free from restrictions, regulations, controls and moratoria of any nature.

Section 7.Privilege for communications

The official communications of the Fund shall be accorded by members the same treatment as the official

communications of other members.

Section 8.Immunities and privileges of officers and employees

All governors, executive directors, alternates, officers and employees of the Fund

(i) shall be immune from legal process with respect to acts performed by them in their official capacity

except when the Fund waives this immunity.

(ii) not being local nationals, shall be granted the same immunities from immigration restrictions, alien

registration requirements and national service obligations and the same facilities as regards exchange

restrictions as are accorded by members to the representatives, officials, and employees of comparable rank

of other members.

(iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to

representatives, officials and employees of comparable rank of other members.

Section 9.Immunities from taxation

(a) The Fund, its assets, property, income and its operations and transactions authorized by this Agreement,

shall be immune from all taxation and from all customs duties. The Fund shall also be immune from liability

for the collection or payment of any tax or duty.

(b) No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to executive

directors, alternates, officers or employees of the Fund who are not local citizens, local subjects, or other

local nationals.

(c) No taxation of any kind shall be levied on any obligation or security issued by the Fund, including any

dividend or interest thereon, by whomsoever held

(i) which discriminates against such obligation or security solely because of its origin; or

(ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made

payable or paid, or the location of any office or place of business maintained by the Fund.

Section 10.Application of Article

Each member shall take such action as is necessary in its own territories for the purpose of making effective

in terms of its own law the principles set forth in this Article and shall inform the Fund of the detailed action

which it has taken.

ARTICLE X

Relations with Other International Organizations

15 / 36 05/11/2012

The Fund shall cooperate within the terms of this Agreement with any general international organization and

with public international organizations having specialized responsibilities in related fields. Any

arrangements for such cooperation which would involve a modification of any provision of this Agreement

may be effected only after amendment to this Agreement under Article XVII.

ARTICLE XI

Relations with Non-member Countries

Section 1.Undertakings regarding relations with non-member countries

Each member undertakes:

(i) Not to engage in, nor to permit any of its fiscal agencies referred to in Article V, Section 1, to engage in,

any transactions with a non-member or with persons in a non-member’s territories which would be contrary

to the provisions of this Agreement or the purposes of the Fund;

(ii) Not to cooperate with a non-member or with persons in a non-member’s territories in practices which

would be contrary to the provisions of this Agreement or the purposes of the Fund; and

(iii) To cooperate with the Fund with a view to the application in its territories of appropriate measures to

prevent transactions with non-members or with persons in their territories which would be contrary to the

provisions of this Agreement or the purposes of the Fund.

Section 2.Restrictions on transactions with non-member countries

Nothing in this Agreement shall affect the right of any member to impose restrictions on exchange

transactions with non-members or with persons in their territories unless the Fund finds that such restrictions

prejudice the interests of members and are contrary to the purposes of the Fund.

ARTICLE XII

Organization and Management

Section 1.Structure of the Fund

The Fund shall have a Board of Governors, Executive Directors, a Managing Director and a staff.

Section 2.Board of Governors

(a) All powers of the Fund shall be vested in the Board of Governors, consisting of one governor and one

alternate appointed by each member in such manner as it may determine. Each governor and each alternate

shall serve for five years, subject to the pleasure of the member appointing him, and may be reappointed. No

alternate may vote except in the absence of his principal. The Board shall select one of the governors as

chairman.

(b) The Board of Governors may delegate to the Executive Directors authority to exercise any powers of the

Board, except the power to:

(i) Admit new members and determine the conditions of their admission.

(ii) Approve a revision of quotas.

16 / 36 05/11/2012

(iii) Approve a uniform change in the par value of the currencies of all members.

(iv) Make arrangements to cooperate with other international organizations (other than informal

arrangements of a temporary or administrative character).

(v) Determine the distribution of the net income of the Fund.

(vi) Require a member to withdraw.

(vii) Decide to liquidate the Fund.

(viii) Decide appeals from interpretations of this Agreement given by the Executive Directors.

(c) The Board of Governors shall hold an annual meeting and such other meetings as may be provided for by

the Board or called by the Executive Directors. Meetings of the Board shall be called by the Directors

whenever requested by five members or by members having one quarter of the total voting power.

(d) A quorum for any meeting of the Board of Governors shall be a majority of the governors exercising not

less than two-thirds of the total voting power.

(e) Each governor shall be entitled to cast the number of votes allotted under Section 5 of this Article to the

member appointing him.

(f) The Board of Governors may by regulation establish a procedure whereby the Executive Directors, when

they deem such action to be in the best interests of the Fund, may obtain a vote of the governors on a

specific question without calling a meeting of the Board.

(g) The Board of Governors, and the Executive Directors to the extent authorized, may adopt such rules and

regulations as may be necessary or appropriate to conduct the business of the Fund.

(h) Governors and alternates shall serve as such without compensation from the Fund, but the Fund shall pay

them reasonable expenses incurred in attending meetings.

(i) The Board of Governors shall determine the remuneration to be paid to the Executive Directors and the

salary and terms of the contract of service of the Managing Director.

Section 3.Executive Directors

(a) The Executive Directors shall be responsible for the conduct of the general operations of the Fund, and

for this purpose shall exercise all the powers delegated to them by the Board of Governors.

(b) There shall be not less than twelve directors who need not be governors, and of whom

(i) Five shall be appointed by the five members having the largest quotas;

(ii) Not more than two shall be appointed when the provisions of (c) below apply;

(iii) Five shall be elected by the members not entitled to appoint directors, other than the American

Republics; and

17 / 36 05/11/2012

(iv) Two shall be elected by the American Republics not entitled to appoint directors.

For the purposes of this paragraph, members means governments of countries whose names are set forth in

Schedule A, whether they become members in accordance with Article XX or in accordance with Article II,

Section 2. When governments of other countries become members, the Board of Governors may, by a fourfifths majority of the total voting power, increase the number of directors to be elected.

(c) If, at the second regular election of directors and thereafter, the members entitled to appoint directors

under (b) (i) above do not include the two members, the holdings of whose currencies by the Fund have

been, on the average over the preceding two years, reduced below their quotas by the largest absolute

amounts in terms of gold as a common denominator, either one or both of such members, as the case may

be, shall be entitled to appoint a director.

(d) Subject to Article XX, Section 3 (b) elections of elective directors shall be conducted at intervals of two

years in accordance with the provisions of Schedule C, supplemented by such regulations as the Fund deems

appropriate. Whenever the Board of Governors increases the number of directors to be elected under

(b) above, it shall issue regulations making appropriate changes in the proportion of votes required to elect

directors under the provisions of Schedule C.

(e) Each director shall appoint an alternate with full power to act for him when he is not present. When the

directors appointing them are present, alternates may participate in meetings but may not vote.

(f) Directors shall continue in office until their successors are appointed or elected. If the office of an elected

director becomes vacant more than ninety days before the end of his term, another director shall be elected

for the remainder of the term by the members who elected the former director. A majority of the votes cast

shall be required for election. While the office remains vacant, the alternate of the former director shall

exercise his powers, except that of appointing an alternate.

(g) The Executive Directors shall function in continuous session at the principal office of the Fund and shall

meet as often as the business of the Fund may require.

(h) A quorum for any meeting of the Executive Directors shall be a majority of the directors representing not

less than one-half of the voting power.

(i) Each appointed director shall be entitled to cast the number of votes allotted under Section 5 of this

Article to the member appointing him. Each elected director shall be entitled to cast the number of votes

which counted towards his election. When the provisions of Section 5 (b) of this Article are applicable, the

votes which a director would otherwise be entitled to cast shall be increased or decreased correspondingly.

All the votes which a director is entitled to cast shall be cast as a unit.

(j) The Board of Governors shall adopt regulations under which a member not entitled to appoint a director

under (b) above may send a representative to attend any meeting of the Executive Directors when a request

made by, or a matter particularly affecting, that member is under consideration.

(k) The Executive Directors may appoint such committees as they deem advisable. Membership of

committees need not be limited to governors or directors or their alternates.

Section 4.Managing Director and staff

(a) The Executive Directors shall select a Managing Director who shall not be a governor or an executive

director. The Managing Director shall be chairman of the Executive Directors, but shall have no vote except

a deciding vote in case of an equal division. He may participate in meetings of the Board of Governors, but

18 / 36 05/11/2012

shall not vote at such meetings. The Managing Director shall cease to hold office when the Executive

Directors so decide.

(b) The Managing Director shall be chief of the operating staff of the Fund and shall conduct, under the

direction of the Executive Directors, the ordinary business of the Fund. Subject to the general control of the

Executive Directors, he shall be responsible for the organization, appointment and dismissal of the staff of

the Fund.

(c) The Managing Director and the staff of the Fund, in the discharge of their functions, shall owe their duty

entirely to the Fund and to no other authority. Each member of the Fund shall respect the international

character of this duty and shall refrain from all attempts to influence any of the staff in the discharge of his

functions.

(d) In appointing the staff the Managing Director shall, subject to the paramount importance of securing the

highest standards of efficiency and of technical competence, pay due regard to the importance of recruiting

personnel on as wide a geographical basis as possible.

Section 5.Voting

(a) Each member shall have two hundred fifty votes plus one additional vote for each part of its quota

equivalent to one hundred thousand United States dollars.

(b) Whenever voting is required under Article V, Section 4 or 5, each member shall have the number of

votes to which it is entitled under (a) above, adjusted:

(i) by the addition of one vote for the equivalent of each four hundred thousand United States dollars of net

sales of its currency up to the date when the vote is taken, or

(ii) by the subtraction of one vote for the equivalent of each four hundred thousand United States dollars of

its net purchases of the currencies of other members up to the date when the vote is taken

provided, that neither net purchases nor net sales shall be deemed at any time to exceed an amount equal to

the quota of the member involved.

(c) For the purpose of all computations under this Section, United States dollars shall be deemed to be of the

weight and fineness in effect on July 1, 1944, adjusted for any uniform change under Article IV, Section 7,

if a waiver is made under Section 8 (d) of that Article.

(d) Except as otherwise specifically provided, all decisions of the Fund shall be made by a majority of the

votes cast.

Section 6.Distribution of net income

(a) The Board of Governors shall determine annually what part of the Fund’s net income shall be placed to

reserve and what part, if any, shall be distributed.

(b) If any distribution is made, there shall first be distributed a two percent non-cumulative payment to each

member on the amount by which seventy-five percent of its quota exceeded the Fund’s average holdings of

its currency during that year. The balance shall be paid to all members in proportion to their quotas.

Payments to each member shall be made in its own currency.

Section 7.Publication of reports

19 / 36 05/11/2012

(a) The Fund shall publish an annual report containing an audited statement of its accounts, and shall issue,

at intervals of three months or less, a summary statement of its transactions and its holdings of gold and

currencies of members.

(b) The Fund may publish such other reports as it deems desirable for carrying out its purposes.

Section 8.Communication of views to members

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 two-thirds 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. If the

member is not entitled to appoint an executive director, it shall be entitled to representation in accordance

with Section 3 (j) of this Article. The Fund shall not publish a report involving changes in the fundamental

structure of the economic organization of members.

ARTICLE XIII

Offices and Depositories

Section 1.Location of Offices

The principal office of the Fund shall be located in the territory of the member having the largest quota, and

agencies or branch offices may be established in the territories of other members.

Section 2.Depositories

(a) Each member country shall designate its central bank as a depository for all the Fund’s holdings of its

currency, or if it has no central bank it shall designate such other institution as may be acceptable to the

Fund.

(b) The Fund may hold other assets, including gold, in the depositories designated by the five members

having the largest quotas and in such other designated depositories as the Fund may select. Initially, at least

one-half of the holdings of the Fund shall be held in the depository designated by the member in whose

territories the Fund has its principal office and at least forty percent shall be held in the depositories

designated by the remaining four members referred to above. However, all transfers of gold by the Fund

shall be made with due regard to the costs of transport and anticipated requirements of the Fund. In an

emergency the Executive Directors may transfer all or any part of the Fund’s gold holdings to any place

where they can be adequately protected.

Section 3.Guarantee of the Fund’s assets

Each member guarantees all assets of the Fund against loss resulting from failure or default on the part of

the depository designated by it.

ARTICLE XIV

Transitional Period

Section 1.Introduction

The Fund is not intended to provide facilities for relief or reconstruction or to deal with international

indebtedness arising out of the war.

Section 2.Exchange restrictions

In the post-war transitional period members may, notwithstanding the provisions of any other articles of this

20 / 36 05/11/2012

Agreement, maintain and adapt to changing circumstances (and, in the case of members whose territories

have been occupied by the enemy, introduce where necessary) restrictions on payments and transfers for

current international transactions. Members shall, however, have continuous regard in their foreign

exchange policies to the purposes of the Fund; and, as soon as conditions permit, they shall take all possible

measures to develop such commercial and financial arrangements with other members as will facilitate

international payments and the maintenance of exchange stability. In particular, members shall withdraw

restrictions maintained or imposed under this Section as soon as they are satisfied that they will be able, in

the absence of such restrictions, to settle their balance of payments in a manner which will not unduly

encumber their access to the resources of the Fund.

Section 3.Notification to the Fund

Each member shall notify the Fund before it becomes eligible under Article XX, Section 4 (c) or (d), to buy

currency from the Fund, whether it intends to avail itself of the transitional arrangements in Section 2 of this

Article, or whether it is prepared to accept the obligations of Article VIII, Sections 2, 3, and 4. A member

availing itself of the transitional arrangements shall notify the Fund as soon thereafter as it is prepared to

accept the above-mentioned obligations.

Section 4.Action of the Fund relating to restrictions

Not later than three years after the date on which the Fund begins operations and in each year thereafter, the

Fund shall report on the restrictions still in force under Section 2 of this Article. Five years after the date on

which the Fund begins operations, and in each year thereafter, any member still retaining any restrictions

inconsistent with Article VIII, Sections 2, 3, or 4, shall consult the Fund as to their further retention. The

Fund may, if it deems such action necessary in exceptional circumstances, make representations to any

member that conditions are favorable for the withdrawal of any particular restriction, or for the general

abandonment of restrictions, inconsistent with the provisions of any other articles of this Agreement. The

member shall be given a suitable time to reply to such representations. If the Fund finds that the member

persists in maintaining restrictions which are inconsistent with the purposes of the Fund, the member shall

be subject to Article XV, Section 2 (a).

Section 5.Nature of transitional period

In its relations with members, the Fund shall recognize that the post-war transitional period will be one of

change and adjustment and in making decisions on requests occasioned thereby which are presented by any

member it shall give the member the benefit of any reasonable doubt.

ARTICLE XV

Withdrawal from Membership

Section 1.Right of members to withdraw

Any member may withdraw from the Fund at any time by transmitting a notice in writing to the Fund at its

principal office. Withdrawal shall become effective on the date such notice is received.

Section 2.Compulsory withdrawal

(a) If a member fails to fulfill any of its obligations under this Agreement, the Fund may declare the member

ineligible to use the resources of the Fund. Nothing in this Section shall be deemed to limit the provisions of

Article IV, Section 6, Article V, Section 5, or Article VI, Section 1.

(b) If, after the expiration of a reasonable period the member persists in its failure to fulfill any of its

obligations under this Agreement, or a difference between a member and the Fund under Article IV,

Section 6, continues, that member may be required to withdraw from membership in the Fund by a decision

of the Board of Governors carried by a majority of the governors representing a majority of the total voting

21 / 36 05/11/2012

power.

(c) Regulations shall be adopted to ensure that before action is taken against any member under (a) or

(b) 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.

Section 3.Settlement of accounts with members withdrawing

When a member withdraws from the Fund, normal transactions of the Fund in its currency shall cease and

settlement of all accounts between it and the Fund shall be made with reasonable despatch by agreement

between it and the Fund. If agreement is not reached promptly, the provisions of Schedule D shall apply to

the settlement of accounts.

ARTICLE XVI

Emergency Provisions

Section 1.Temporary suspension

(a) In the event of an emergency or the development of unforeseen circumstances threatening the operations

of the Fund, the Executive Directors by unanimous vote may suspend for a period of not more than one

hundred twenty days the operation of any of the following provisions:

(i) Article IV, Sections 3 and 4(b)

(ii) Article V, Sections 2, 3, 7, 8 (a) and (f)

(iii) Article VI, Section 2

(iv) Article XI, Section 1

(b) Simultaneously with any decision to suspend the operation of any of the foregoing provisions, the

Executive Directors shall call a meeting of the Board of Governors for the earliest practicable date.

(c) The Executive Directors may not extend any suspension beyond one hundred twenty days. Such

suspension may be extended, however, for an additional period of not more than two hundred forty days, if

the Board of Governors by a four-fifths majority of the total voting power so decides, but it may not be

further extended except by amendment of this Agreement pursuant to Article XVII.

(d) The Executive Directors may, by a majority of the total voting power, terminate such suspension at any

time.

Section 2.Liquidation of the Fund

(a) The Fund may not be liquidated except by decision of the Board of Governors. In an emergency, if the

Executive Directors decide that liquidation of the Fund may be necessary, they may temporarily suspend all

transactions, pending decision by the Board.

(b) If the Board of Governors decides to liquidate the Fund, the Fund shall forthwith cease to engage in any

activities except those incidental to the orderly collection and liquidation of its assets and the settlement of

its liabilities, and all obligations of members under this Agreement shall cease except those set out in this

Article, in Article XVIII, paragraph (c), in Schedule D, paragraph 7, and in Schedule E.

22 / 36 05/11/2012

(c) Liquidation shall be administered in accordance with the provisions of Schedule E.

ARTICLE XVII

Amendments

(a) Any proposal to introduce modifications in this Agreement, whether emanating from a member, a

governor or the Executive Directors, shall be communicated to the chairman of the Board of Governors who

shall bring the proposal before the Board. If the proposed amendment is approved by the Board the Fund

shall, by circular letter or telegram, ask all members whether they accept the proposed amendment. When

three-fifths of the members, having four-fifths of the total voting power, have accepted the proposed

amendment, the Fund shall certify the fact by a formal communication addressed to all members.

(b) Notwithstanding (a) above, acceptance by all members is required in the case of any amendment

modifying

(i) the right to withdraw from the Fund (Article XV, Section 1);

(ii) the provision that no change in a member’s quota shall be made without its consent (Article III,

Section 2);

(iii) the provision that no change may be made in the par value of a member’s currency except on the

proposal of that member (Article IV, Section 5 (b)).

(c) Amendments shall enter into force for all members three months after the date of the formal

communication unless a shorter period is specified in the circular letter or telegram.

ARTICLE XVIII

Interpretation

(a) Any question of interpretation of the provisions of this Agreement arising between any member and the

Fund or between any members of the Fund shall be submitted to the Executive Directors for their decision.

If the question particularly affects any member not entitled to appoint an executive director it shall be

entitled to representation in accordance with Article XII, Section 3 (j).

(b) In any case where the Executive Directors have given a decision under (a) above, any member may

require that the question be referred to the Board of Governors, whose decision shall be final. Pending the

result of the reference to the Board the Fund may, so far as it deems necessary, act on the basis of the

decision of the Executive Directors.

(c) Whenever a disagreement arises between the Fund and a member which has withdrawn, or between the

Fund and any member during liquidation of the Fund, such disagreement shall be submitted to arbitration by

a tribunal of three arbitrators, one appointed by the Fund, another by the member or withdrawing member

and an umpire who, unless the parties otherwise agree, shall be appointed by the President of the Permanent

Court of International Justice or such other authority as may have been prescribed by regulation adopted by

the Fund. The umpire shall have full power to settle all questions of procedure in any case where the parties

are in disagreement with respect thereto.

ARTICLE XIX

Explanation of Terms

In interpreting the provisions of this Agreement the Fund and its members shall be guided by the following:

23 / 36 05/11/2012

(a) A member’s monetary reserves means its net official holdings of gold, of convertible currencies of other

members, and of the currencies of such non-members as the Fund may specify.

(b) The official holdings of a member means central holdings (that is, the holdings of its Treasury, central

bank, stabilization fund, or similar fiscal agency).

(c) The holdings of other official institutions or other banks within its territories may, in any particular case,

be deemed by the Fund, after consultation with the member, to be official holdings to the extent that they are

substantially in excess of working balances; provided that for the purpose of determining whether, in a

particular case, holdings are in excess of working balances, there shall be deducted from such holdings

amounts of currency due to official institutions and banks in the territories of members or non-members

specified under (d) below.

(d) A member’s holdings of convertible currencies means its holdings of the currencies of other members

which are not availing themselves of the transitional arrangements under Article XIV, Section 2, together

with its holdings of the currencies of such non-members as the Fund may from time to time specify. The

term currency for this purpose includes without limitation coins, paper money, bank balances, bank

acceptances, and government obligations issued with a maturity not exceeding twelve months.

(e) A member’s monetary reserves shall be calculated by deducting from its central holdings the currency

liabilities to the Treasuries, central banks, stabilization funds, or similar fiscal agencies of other members or

non-members specified under (d) above, together with similar liabilities to other official institutions and

other banks in the territories of members, or non-members specified under (d) above. To these net holdings

shall be added the sums deemed to be official holdings of other official institutions and other banks under

(c) above.

(f) The Fund’s holdings of the currency of a member shall include any securities accepted by the Fund under

Article III, Section 5.

(g) The Fund, after consultation with a member which is availing itself of the transitional arrangements

under Article XIV, Section 2, may deem holdings of the currency of that member which carry specified

rights of conversion into another currency or into gold to be holdings of convertible currency for the purpose

of the calculation of monetary reserves.

(h) For the purpose of calculating gold subscriptions under Article III, Section 3, a member’s net official

holdings of gold and United States dollars shall consist of its official holdings of gold and United States

currency after deducting central holdings of its currency by other countries and holdings of its currency by

other official institutions and other banks if these holdings carry specified rights of conversion into gold or

United States currency.

(i) Payments for current transactions means payments which are not for the purpose of transferring capital,

and includes, without limitation:

(1) All payments due in connection with foreign trade, other current business, including services, and normal

short-term banking and credit facilities;

(2) Payments due as interest on loans and as net income from other investments;

(3) Payments of moderate amount for amortization of loans or for depreciation of direct investments;

(4) Moderate remittances for family living expenses.

24 / 36 05/11/2012

The Fund may, after consultation with the members concerned, determine whether certain specific

transactions are to be considered current transactions or capital transactions.

ARTICLE XX

Final Provisions

Section 1.Entry into force

This Agreement shall enter into force when it has been signed on behalf of governments having sixty-five

percent of the total of the quotas set forth in Schedule A and when the instruments referred to in

Section 2 (a) of this Article have been deposited on their behalf, but in no event shall this Agreement enter

into force before May 1, 1945.

Section 2.Signature

(a) Each government on whose behalf this Agreement is signed shall deposit with the Government of the

United States of America an instrument setting forth that it has accepted this Agreement in accordance with

its law and has taken all steps necessary to enable it to carry out all of its obligations under this Agreement.

(b) Each government shall become a member of the Fund as from the date of the deposit on its behalf of the

instrument referred to in (a) above, except that no government shall become a member before this

Agreement enters into force under Section 1 of this Article.

(c) The Government of the United States of America shall inform the governments of all countries whose

names are set forth in Schedule A, and all governments whose membership is approved in accordance with

Article II, Section 2, of all signatures of this Agreement and of the deposit of all instruments referred to in

(a) above.

(d) At the time this Agreement is signed on its behalf, each government shall transmit to the Government of

the United States of America one one-hundredth of one percent of its total subscription in gold or United

States dollars for the purpose of meeting administrative expenses of the Fund. The Government of the

United States of America shall hold such funds in a special deposit account and shall transmit them to the

Board of Governors of the Fund when the initial meeting has been called under Section 3 of this Article. If

this Agreement has not come into force by December 31, 1945, the Government of the United States of

America shall return such funds to the governments that transmitted them.

(e) This Agreement shall remain open for signature at Washington on behalf of the governments of the

countries whose names are set forth in Schedule A until December 31, 1945.

(f) After December 31, 1945, this Agreement shall be open for signature on behalf of the government of any

country whose membership has been approved in accordance with Article II, Section 2.

(g) By their signature of this Agreement, all governments accept it both on their own behalf and in respect of

all their colonies, overseas territories, all territories under their protection, suzerainty, or authority and all

territories in respect of which they exercise a mandate.

(h) In the case of governments whose metropolitan territories have been under enemy occupation, the

deposit of the instrument referred to in (a) above may be delayed until one hundred eighty days after the date

on which these territories have been liberated. If, however, it is not deposited by any such government

before the expiration of this period the signature affixed on behalf of that government shall become void and

the portion of its subscription paid under (d) above shall be returned to it.

(i) Paragraphs (d) and (h) shall come into force with regard to each signatory government as from the date of

its signature.

25 / 36 05/11/2012

Section 3. Inauguration of the Fund

(a) As soon as this Agreement enters into force under Section 1 of this Article, each member shall appoint a

governor and the member having the largest quota shall call the first meeting of the Board of Governors.

(b) At the first meeting of the Board of Governors, arrangements shall be made for the selection of

provisional executive directors. The governments of the five countries for which the largest quotas are set

forth in Schedule A shall appoint provisional executive directors. If one or more of such governments have

not become members, the executive directorships they would be entitled to fill shall remain vacant until they

become members, or until January 1, 1946, whichever is the earlier. Seven provisional executive directors

shall be elected in accordance with the provisions of Schedule C and shall remain in office until the date of

the first regular election of executive directors which shall be held as soon as practicable after January 1,

1946.

(c) The Board of Governors may delegate to the provisional executive directors any powers except those

which may not be delegated to the Executive Directors.

Section 4.Initial determination of par values

(a) When the Fund is of the opinion that it will shortly be in a position to begin exchange transactions, it

shall so notify the members and shall request each member to communicate within thirty days the par value

of its currency based on the rates of exchange prevailing on the sixtieth day before the entry into force of

this Agreement. No member whose metropolitan territory has been occupied by the enemy shall be required

to make such a communication while that territory is a theater of major hostilities or for such period

thereafter as the Fund may determine. When such a member communicates the par value of its currency the

provisions of (d) below shall apply.

(b) The par value communicated by a member whose metropolitan territory has not been occupied by the

enemy shall be the par value of that member’s currency for the purposes of this Agreement unless, within

ninety days after the request referred to in (a) above has been received, (i) the member notifies the Fund that

it regards the par value as unsatisfactory, or (ii) the Fund notifies the member that in its opinion the par

value cannot be maintained without causing recourse to the Fund on the part of that member or others on a

scale prejudicial to the Fund and to members. When notification is given under (i) or (ii) above, the Fund

and the member shall, within a period determined by the Fund in the light of all relevant circumstances,

agree upon a suitable par value for that currency. If the Fund and the member do not agree within the period

so determined, the member shall be deemed to have withdrawn from the Fund on the date when the period

expires.

(c) When the par value of a member’s currency has been established under (b) above, either by the

expiration of ninety days without notification, or by agreement after notification, the member shall be

eligible to buy from the Fund the currencies of other members to the full extent permitted in this Agreement,

provided that the Fund has begun exchange transactions.

(d) In the case of a member whose metropolitan territory has been occupied by the enemy, the provisions of

(b) above shall apply, subject to the following modifications:

(i) The period of ninety days shall be extended so as to end on a date to be fixed by agreement between the

Fund and the member.

(ii) Within the extended period the member may, if the Fund has begun exchange transactions, buy from the

Fund with its currency the currencies of other members, but only under such conditions and in such amounts

as may be prescribed by the Fund.

26 / 36 05/11/2012

(iii) At any time before the date fixed under (i) above, changes may be made by agreement with the Fund in

the par value communicated under (a) above.

(e) If a member whose metropolitan territory has been occupied by the enemy adopts a new monetary unit

before the date to be fixed under (d) (i) above, the par value fixed by that member for the new unit shall be

communicated to the Fund and the provisions of (d) above shall apply.

(f) Changes in par values agreed with the Fund under this Section shall not be taken into account in

determining whether a proposed change falls within (i), (ii), or (iii) of Article IV, Section 5 (c).

(g) A member communicating to the Fund a par value for the currency of its metropolitan territory shall

simultaneously communicate a value, in terms of that currency, for each separate currency, where such

exists, in the territories in respect of which it has accepted this Agreement under Section 2 (g) of this Article,

but no member shall be required to make a communication for the separate currency of a territory which has

been occupied by the enemy while that territory is a theater of major hostilities or for such period thereafter

as the Fund may determine. On the basis of the par value so communicated, the Fund shall compute the par

value of each separate currency. A communication or notification to the Fund under (a), (b) or (d) above

regarding the par value of a currency, shall also be deemed, unless the contrary is stated, to be a

communication or notification regarding the par value of all the separate currencies referred to above. Any

member may, however, make a communication or notification relating to the metropolitan or any of the

separate currencies alone. If the member does so, the provisions of the preceding paragraphs (including

(d) above, if a territory where a separate currency exists has been occupied by the enemy) shall apply to each

of these currencies separately.

(h) The Fund shall begin exchange transactions at such date as it may determine after members having sixtyfive percent of the total of the quotas set forth in Schedule A have become eligible, in accordance with the

preceding paragraphs of this Section, to purchase the currencies of other members, but in no event until after

major hostilities in Europe have ceased.

(i) The Fund may postpone exchange transactions with any member if its circumstances are such that, in the

opinion of the Fund, they would lead to use of the resources of the Fund in a manner contrary to the

purposes of this Agreement or prejudicial to the Fund or the members.

(j) The par values of the currencies of governments which indicate their desire to become members after

December 31, 1945, shall be determined in accordance with the provisions of Article II, Section 2.

DONE at Washington, in a single copy which shall remain deposited in the archives of the Government of

the United States of America, which shall transmit certified copies to all governments whose names are set

forth in Schedule A and to all governments whose membership is approved in accordance with Article II,

Section 2.

SCHEDULE A

Quotas

(In millions of

United States dollars)

Australia 200

Belgium 225

Bolivia10

27 / 36 05/11/2012

Brazil 150

Canada 300

Chile 50

China 550

Colombia 50

Costa Rica 5

Cuba 50

Czechoslovakia 125

Denmark * *

Dominican Republic 5

Ecuador 5

Egypt 45

El Salvador 2.5

Ethiopia 6

France 450

Greece 40

Guatemala 5

Haiti 5

Honduras 2.5

Iceland1

India 400

Iran 25

Iraq 8

Liberia0.5

Luxembourg 10

Mexico 90

Netherlands 275

New Zealand 50

Nicaragua 2

Norway 50

Panama 0.5

Paraguay 2

Peru 25

Philippine Commonwealth 15

Poland 125

Union of South Africa100

Union of Soviet Socialist Republics 1200

United Kingdom 1300

United States 2750

Uruguay 15

Venezuela 15

Yugoslavia 60

* The quota of Denmark shall be determined by the Fund after the Danish Government has declared its readiness to sign this

Agreement but before signature takes place.

SCHEDULE B

Provisions With Respect to Repurchase by a Member of Its Currency Held by the Fund

1. In determining the extent to which repurchase of a member’s currency from the Fund under Article V,

Section 7 (b) shall be made with each type of monetary reserve, that is, with gold and with each convertible

28 / 36 05/11/2012

currency, the following rule, subject to 2 below, shall apply:

(a) If the member’s monetary reserves have not increased during the year, the amount payable to the Fund

shall be distributed among all types of reserves in proportion to the member’s holdings thereof at the end of

the year.

(b) If the member’s monetary reserves have increased during the year, a part of the amount payable to the

Fund equal to one-half of the increase shall be distributed among those types of reserves which have

increased in proportion to the amount by which each of them has increased. The remainder of the sum

payable to the Fund shall be distributed among all types of reserves in proportion to the member’s remaining

holdings thereof.

(c) If after all the repurchases required under Article V, Section 7 (b), had been made, the result would

exceed any of the limits specified in Article V, Section 7 (e), the Fund shall require such repurchases to be

made by the members proportionately in such manner that the limits will not be exceeded.

2. The Fund shall not acquire the currency of any non-member under Article V, Section 7 (b) and (c).

3. In calculating monetary reserves and the increase in monetary reserves during any year for the purpose of

Article V, Section 7 (b) and (c), no account shall be taken, unless deductions have otherwise been made by

the member for such holdings, of any increase in those monetary reserves which is due to currency

previously inconvertible having become convertible during the year; or to holdings which are the proceeds

of a long-term or medium-term loan contracted during the year; or to holdings which have been transferred

or set aside for repayment of a loan during the subsequent year.

4. In the case of members whose metropolitan territories have been occupied by the enemy, gold newly

produced during the five years after the entry into force of this Agreement from mines located within their

metropolitan territories shall not be included in computations of their monetary reserves or of increases in

their monetary reserves.

SCHEDULE C

Election of Executive Directors

1. The election of the elective executive directors shall be by ballot of the governors eligible to vote under

Article XII, Section 3 (b) (iii) and (iv).

2. In balloting for the five directors to be elected under Article XII, Section 3 (b) (iii), each of the governors

eligible to vote shall cast for one person all of the votes to which he is entitled under Article XII,

Section 5 (a). The five persons receiving the greatest number of votes shall be directors, provided that no

person who received less than nineteen percent of the total number of votes that can be cast (eligible votes)

shall be considered elected.

3. When five persons are not elected in the first ballot, a second ballot shall be held in which the person who

received the lowest number of votes shall be ineligible for election and in which there shall vote only (a)

those governors who voted in the first ballot for a person not elected, and (b) those governors whose votes

for a person elected are deemed under 4 below to have raised the votes cast for that person above twenty

percent of the eligible votes.

29 / 36 05/11/2012

4. In determining whether the votes cast by a governor are to be deemed to have raised the total of any

person above twenty percent of the eligible votes the twenty percent shall be deemed to include, first, the

votes of the governor casting the largest number of votes for such person, then the votes of the governor

casting the next largest number, and so on until twenty percent is reached.

5. Any governor part of whose votes must be counted in order to raise the total of any person above nineteen

percent shall be considered as casting all of his votes for such person even if the total votes for such person

thereby exceed twenty percent.

6. If, after the second ballot, five persons have not been elected, further ballots shall be held on the same

principles until five persons have been elected, provided that after four persons are elected, the fifth may be

elected by a simple majority of the remaining votes and shall be deemed to have been elected by all such

votes.

7. The directors to be elected by the American Republics under Article XII, Section 3 (b) (iv) shall be

elected as follows:

(a) Each of the directors shall be elected separately.

(b) In the election of the first director, each governor representing an American Republic eligible to

participate in the election shall cast for one person all the votes to which he is entitled. The person receiving

the largest number of votes shall be elected provided that he has received not less than forty-five percent of

the total votes.

(c) If no person is elected on the first ballot, further ballots shall be held, in each of which the person

receiving the lowest number of votes shall be eliminated, until one person receives a number of votes

sufficient for election under (b) above.

(d) Governors whose votes contributed to the election of the first director shall take no part in the election of

the second director.

(e) Persons who did not succeed in the first election shall not be ineligible for election as the second director.

(f) A majority of the votes which can be cast shall be required for election of the second director. If at the

first ballot no person receives a majority, further ballots shall be held in each of which the person receiving

the lowest number of votes shall be eliminated, until some person obtains a majority.

(g) The second director shall be deemed to have been elected by all the votes which could have been cast in

the ballot securing his election.

SCHEDULE D

Settlement of Accounts With Members Withdrawing

1. The Fund shall be obligated to pay to a member withdrawing an amount equal to its quota, plus any other

30 / 36 05/11/2012

amounts due to it from the Fund, less any amounts due to the Fund, including charges accruing after the date

of its withdrawal; but no payment shall be made until six months after the date of withdrawal. Payments

shall be made in the currency of the withdrawing member.

2. If the Fund’s holdings of the currency of the withdrawing member are not sufficient to pay the net amount

due from the Fund, the balance shall be paid in gold, or in such other manner as may be agreed. If the Fund

and the withdrawing member do not reach agreement within six months of the date of withdrawal, the

currency in question held by the Fund shall be paid forthwith to the withdrawing member. Any balance due

shall be paid in ten half-yearly installments during the ensuing five years. Each such installment shall be

paid, at the option of the Fund, either in the currency of the withdrawing member acquired after its

withdrawal or by the delivery of gold.

3. If the Fund fails to meet any installment which is due in accordance with the preceding paragraphs, the

withdrawing member shall be entitled to require the Fund to pay the installment in any currency held by the

Fund with the exception of any currency which has been declared scarce under Article VII, Section 3.

4. If the Fund’s holdings of the currency of a withdrawing member exceed the amount due to it, and if

agreement on the method of settling accounts is not reached within six months of the date of withdrawal, the

former member shall be obligated to redeem such excess currency in gold or, at its option, in the currencies

of members which at the time of redemption are convertible. Redemption shall be made at the parity existing

at the time of withdrawal from the Fund. The withdrawing member shall complete redemption within five

years of the date of withdrawal, or within such longer period as may be fixed by the Fund, but shall not be

required to redeem in any half-yearly period more than one-tenth of the Fund’s excess holdings of its

currency at the date of withdrawal plus further acquisitions of the currency during such half-yearly period. If

the withdrawing member does not fulfill this obligation, the Fund may in an orderly manner liquidate in any

market the amount of currency which should have been redeemed.

5. Any member desiring to obtain the currency of a member which has withdrawn shall acquire it by

purchase from the Fund, to the extent that such member has access to the resources of the Fund and that

such currency is available under 4 above.

6. The withdrawing member guarantees the unrestricted use at all times of the currency disposed of under

4 and 5 above for the purchase of goods or for payment of sums due to it or to persons within its territories.

It shall compensate the Fund for any loss resulting from the difference between the par value of its currency

on the date of withdrawal and the value realized by the Fund on disposal under 4 and 5 above.

7. In the event of the Fund going into liquidation under Article XVI, Section 2, within six months of the date

on which the member withdraws, the account between the Fund and that government shall be settled in

accordance with Article XVI, Section 2, and Schedule E.

SCHEDULE E

Administration of Liquidation

1. In the event of liquidation the liabilities of the Fund other than the repayment of subscriptions shall have

priority in the distribution of the assets of the Fund. In meeting each such liability the Fund shall use its

assets in the following order:

(a) the currency in which the liability is payable;

(b) gold;

31 / 36 05/11/2012

(c) all other currencies in proportion, so far as may be practicable, to the quotas of the members.

2. After the discharge of the Fund’s liabilities in accordance with 1 above, the balance of the Fund’s assets

shall be distributed and apportioned as follows:

(a) The Fund shall distribute its holdings of gold among the members whose currencies are held by the Fund

in amounts less than their quotas. These members shall share the gold so distributed in the proportions of the

amounts by which their quotas exceed the Fund’s holdings of their currencies.

(b) The Fund shall distribute to each member one-half the Fund’s holdings of its currency but such

distribution shall not exceed fifty percent of its quota.

(c) The Fund shall apportion the remainder of its holdings of each currency among all the members in

proportion to the amounts due to each member after the distributions under (a) and (b) above.

3. Each member shall redeem the holdings of its currency apportioned to other members under 2 (c) above,

and shall agree with the Fund within three months after a decision to liquidate upon an orderly procedure for

such redemption.

4. If a member has not reached agreement with the Fund within the three-month period referred to in

3 above, the Fund shall use the currencies of other members apportioned to that member under 2 (c) above

to redeem the currency of that member apportioned to other members. Each currency apportioned to a

member which has not reached agreement shall be used, so far as possible, to redeem its currency

apportioned to the members which have made agreements with the Fund under 3 above.

5. If a member has reached agreement with the Fund in accordance with 3 above, the Fund shall use the

currencies of other members apportioned to that member under 2 (c) above to redeem the currency of that

member apportioned to other members which have made agreements with the Fund under 3 above. Each

amount so redeemed shall be redeemed in the currency of the member to which it was apportioned.

6. After carrying out the preceding paragraphs, the Fund shall pay to each member the remaining currencies

held for its account.

7. Each member whose currency has been distributed to other members under 6 above shall redeem such

currency in gold or, at its option, in the currency of the member requesting redemption, or in such other

manner as may be agreed between them. If the members involved do not otherwise agree, the member

obligated to redeem shall complete redemption within five years of the date of distribution, but shall not be

required to redeem in any half-yearly period more than one-tenth of the amount distributed to each other

member. If the member does not fulfill this obligation, the amount of currency which should have been

redeemed may be liquidated in an orderly manner in any market.

8. Each member whose currency has been distributed to other members under 6 above guarantees the

unrestricted use of such currency at all times for the purchase of goods or for payment of sums due to it or to

persons in its territories. Each member so obligated agrees to compensate other members for any loss

resulting from the difference between the par value of its currency on the date of the decision to liquidate the

Fund and the value realized by such members on disposal of its currency.

LIST OF ARTICLES AND SECTIONS

32 / 36 05/11/2012

Introductory Article

I. Purposes

II. Membership

1. Original members

2. Other members

III. Quotas and Subscriptions

1. Quotas

2. Adjustment of quotas

3. Subscriptions: time, place and form of payment

4. Payments when quotas are changed

5. Substitution of securities for currency

IV. Par Values of Currencies

1. Expression of par values

2. Gold purchases based on par values

3. Foreign exchange dealings based on parity

4. Obligations regarding exchange stability

5. Changes in par values

6. Effect of unauthorized changes

7. Uniform changes in par values

8. Maintenance of gold value of the Fund’s assets

9. Separate currencies within a member’s territories

V. Transactions with the Fund

1. Agencies dealing with the Fund

2. Limitation on the Fund’s operations

3. Conditions governing use of the Fund’s resources

4. Waiver of conditions

5. Ineligibility to use the Fund’s resources

6. Purchases of currencies from the Fund for gold

7. Repurchase by a member of its currency held by the Fund

8. Charges

VI. Capital Transfers

1. Use of the Fund’s resources for capital transfers

33 / 36 05/11/2012

2. Special provisions for capital transfers

3. Controls of capital transfers

VII. Scarce Currencies

1. General scarcity of currency

2. Measures to replenish the Fund’s holdings of scarce currencies

3. Scarcity of the Fund’s holdings

4. Administration of restrictions

5. Effect of other international agreements on restrictions

VIII. General Obligations of Members

1. Introduction

2. Avoidance of restrictions on current payments

3. Avoidance of discriminatory currency practices

4. Convertibility of foreign-held balances

5. Furnishing of information

6. Consultation between members regarding existing international agreements

IX. Status, Immunities and Privileges

1. Purposes of Article

2. Status of the Fund

3. Immunity from judicial process

4. Immunity from other action

5. Immunity of archives

6. Freedom of assets from restrictions

7. Privilege for communications

8. Immunities and privileges of officers and employees

9. Immunities from taxation

10. Application of Article

X. Relations with Other International Organizations

XI. Relations with Non-member Countries

1. Undertakings regarding relations with non-member countries

2. Restrictions on transactions with non-member countries

XII. Organization and Management

1. Structure of the Fund

2. Board of Governors

3. Executive Directors

4. Managing Director and staff

34 / 36 05/11/2012

5. Voting

6. Distribution of net income

7. Publication of reports

8. Communication of views to members

XIII. Offices and Depositories

1. Location of offices

2. Depositories

3. Guarantee of the Fund’s assets

XIV. Transitional Period

1. Introduction

2. Exchange restrictions

3. Notification to the Fund

4. Action of the Fund relating to restrictions

5. Nature of transitional period

XV. Withdrawal from Membership

1. Right of members to withdraw

2. Compulsory withdrawal

3. Settlement of accounts with members withdrawing

XVI. Emergency Provisions

1. Temporary suspension

2. Liquidation of the Fund

XVII. Amendments

XVIII. Interpretation

XIX. Explanation of Terms

XX. Final Provisions

1. Entry into force

2. Signature

3. Inauguration of the Fund

4. Initial determination of par values

SCHEDULES

35 / 36 05/11/2012

SCHEDULE A. Quotas

SCHEDULE B. Provisions with Respect to Repurchase by a Member of its Currency Held by the Fund

SCHEDULE C. Election of Executive Directors

SCHEDULE D. Settlement of Accounts with Members Withdrawing

SCHEDULE E. Administration of Liquidation

(https://www.cvce.eu/content/publication/2003/12/12/736e2f6e-fcd2-49d7-8b62-d601a3a8b839/publishable_en.pdf)

コメント

このブログの人気の投稿

日清修好条規 1871年09月13日

内容見直し点:口語訳中途 修好条規(口語訳、前文署名省略) 第一条 この条約締結のあとは、大日本国と大清国は弥和誼を敦うし、天地と共に窮まり無るべし。又両国に属したる邦土も、各礼を以て相待ち、すこしも侵越する事なく永久安全を得せしむべし。 第二条 両国好を通ぜし上は、必ず相関切す。若し他国より不公及び軽藐する事有る時、其知らせを為さば、何れも互に相助け、或は中に入り、程克く取扱い、友誼を敦くすべし。 第三条 両国の政事禁令各異なれば、其政事は己国自主の権に任すべし。彼此に於て何れも代謀干預して禁じたる事を、取り行わんと請い願う事を得ず。其禁令は互に相助け、各其商民に諭し、土人を誘惑し、聊違犯あるを許さず。 第四条 両国秉権大臣を差出し、其眷属随員を召具して京師に在留し、或は長く居留し、或は時々往来し、内地各処を通行する事を得べし。其入費は何れも自分より払うべし。其地面家宅を賃借して大臣等の公館と為し、並びに行李の往来及び飛脚を仕立書状を送る等の事は、何れも不都合がないように世話しなければならない。 第五条 両国の官位何れも定品有りといえども、職を授る事各同じからず。因彼此の職掌相当する者は、応接及び交通とも均く対待の礼を用ゆ。職卑き者と上官と相見るには客礼を行い、公務を辨ずるに付ては、職掌相当の官へ照会す。其上官へ転申し直達する事を得ず。又双方礼式の出会には、各官位の名帖を用う。凡両国より差出したる官員初て任所に到着せば、印証ある書付を出し見せ、仮冒なき様の防ぎをなすべし。 第六条 今後両国を往復する公文について、清国は漢文を用い、日本国は日本文を用いて漢訳文を副えることとする。あるいはただ漢文のみを用い、その記載に従うものとする。 (これ以下まだ) 第七条 両国好みを通ぜし上は、海岸の各港に於て彼此し共に場所を指定め、商民の往来貿易を許すべし。猶別に通商章程を立て、両国の商民に永遠遵守せしむべし。 第八条 両国の開港場には、彼此何れも理事官を差置き、自国商民の取締をなすべし。凡家財、産業、公事、訴訟に干係せし事件は、都て其裁判に帰し、何れも自国の律例を按して糾辨すべし。両国商民相互の訴訟には、何れも願書体を用う。理事官は先ず理解を加え、成丈け訴訟に及ばざる様にすべし。其儀能わざる時は、地方官に掛合い双方出会し公平に裁断すべし。尤盗賊欠落等の事件は、両国の地方官より

ダンバートン・オークス提案(一般的国際機構設立に関する提案) 1944年10月09日

 ダンバートン・オークス提案(一般的国際機構設立に関する提案)(訳文)     一般的国際機構設立に関する提案 (「ダンバートン、オークス」会議の結果「ソ」連邦、米国、英国及重慶政権に依り提案せられ千九百四十四年十月九日発表せられたるもの) (本提案の英文は千九百四十四年十月十一日附「モスコー、ニュース」より之を採り「ストックホルム」電報等に依り長短相補ひたるものなり) 「国際連合」なる名称の下に一の国際機構設立せらるべく其の憲章は左の提案を具現するに必要なる規定を掲ぐべし    第一章 目的 本機構の目的は左の如くなるべし 一、国際平和及安寧を保持すること、右目的の為平和に対する脅威の防止及除去並に侵略行為又は他の平和侵害行為の抑圧を目的とする効果的且集団的措置を執ること及平和の侵害に至るの虞ある国際紛争を平和的方法に依り調整又は解決すること 二、各国間の友好関係を発展せしめ且世界平和を強化すべき他の適当なる措置を執ること 三、各国間の経済的、社会的及他の人道上の問題の解決の為国際協力を完成すること及 四、右共同目的完成の為各国の行動を調整すべき中心たるべきこと    第二章 原則 第一章に掲げたる目的を遂行せんが為本機構及其の締盟国は以下の原則に従ひ行動すべし 一、本機構は一切の平和愛好国の主権平等の原則に其の基礎を置くものとす 二、本機構の一切の締盟国は締盟国全部に対し締盟国たるの地位に基く権利及利益を保障する為憲章に従ひ負担したる義務を履行することを約す 三、本機構の一切の締盟国は其の紛争を国際平和及安寧を危殆ならしめざるが如き平和的方法に依り解決すべきものとす 四、本機構の一切の締盟国は其の国際関係に於て本機構の目的と両立せざる如何なる方法に於ても脅威又は兵力の行使を避くるものとす 五、本機構の一切の締盟国は本機構が憲章の規定に従ひ執るべき如何なる行動に於ても之に対し有らゆる援助を与ふるものとす 六、本機構の一切の締盟国は本機構が防遏的又は強制的行動を執行中なる如何なる国家に対しても援助を与ふることを避くるものとす 本機構は、国際平和及安寧保持に必要なる限り本機構の非締盟国が右原則に従ひ行動することを確実ならしむべし    第三章 締盟国 一切の平和愛好国は本機構の締盟国たり得べし    第四章 主要機関 一、本機構は其の主要機関として左記を有すべし  イ

第二次近衛声明(東亜新秩序建設の声明) 1938年11月03日

 第二次近衛声明(東亜新秩序建設の声明)                     (昭和十三年十一月三日)  今や 陛下の御稜威に依り帝国陸海軍は、克く広東、武漢三鎮を攻略して、支那の要域を戡定したり。国民政府は既に地方の一政権に過ぎず。然れども、尚ほ同政府にして抗日容共政策を固執する限り、これが潰滅を見るまで、帝国は断じて矛を収むることなし。  帝国の冀求する所は、東亜永遠の安定を確保すべき新秩序の建設に在り。今次征戦究極の目的亦此に存す。  この新秩序の建設は日満支三国相携へ、政治、経済、文化等各般に亘り互助連環の関係を樹立するを以て根幹とし、東亜に於ける国際正義の確立、共同防共の達成、新文化の創造、経済結合の実現を期するにあり。是れ実に東亜を安定し、世界の進運に寄与する所以なり。  帝国が支那に望む所は、この東亜新秩序建設の任務を分担せんことに在り。帝国は支那国民が能く我が真意を理解し、以て帝国の協力に応へむことを期待す。固より国民政府と雖も従来の指導政策を一擲し、その人的構成を改替して更生の実を挙げ、新秩序の建設に来り参ずるに於ては敢て之を拒否するものにあらず。  帝国は列国も亦帝国の意図を正確に認識し、東亜の新情勢に適応すべきを信じて疑はず。就中、盟朋諸国従来の厚誼に対しては深くこれを多とするものなり。  惟ふに東亜に於ける新秩序の建設は、我が肇国の精神に淵源し、これを完成するは、現代日本国民に課せられたる光栄ある責務なり。帝国は必要なる国内諸般の改新を断行して、愈々国家総力の拡充を図り、万難を排して斯業の達成に邁進せざるべからず。  茲に政府は帝国不動の方針と決意とを声明す。 (国立公文書館:「近衛首相演述集」(その二)/1 第一章 「声明、告諭、訓令、訓辞」 B02030031600)