IMF Administrative Tribunal — Statute of the Administrative Tribunal of the International Monetary Fund
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Purpose and scope of competence
- Established as the Administrative Tribunal of the International Monetary Fund; Statute entered into force October 15, 1992.
- Competence to pass judgment upon:
- applications by a member of the staff challenging the legality of an administrative act adversely affecting him; or
- applications by an enrollee in, or beneficiary under, any retirement or other benefit plan maintained by the Fund as employer challenging the legality of an administrative act concerning or arising under any such plan which adversely affects the applicant. (Article II)
- Definitions specified in Article II for:
- “administrative act” as any individual or regulatory decision taken in the administration of the staff of the Fund;
- “regulatory decision” as any rule concerning the terms and conditions of staff employment, including the General Administrative Orders and the Staff Retirement Plan, but excluding any resolutions adopted by the Board of Governors of the Fund;
- “member of the staff” with three subcategories (i), (ii), (iii);
- calculation of periods of time (day of event excluded; next working day included when last day is not a working day);
- pronoun usage: the masculine pronoun shall include the feminine pronoun.
Legal framework and limits on jurisdiction
- Tribunal has no powers beyond those conferred by the Statute; applies internal law of the Fund and generally recognized principles of international administrative law concerning judicial review of administrative acts. (Article III)
- Tribunal is bound by any interpretation of the Fund’s Articles of Agreement decided by the Executive Board, subject to review by the Board of Governors in accordance with Article XXIX of the Articles of Agreement. (Article III)
- Any question of competence is settled by the Tribunal in accordance with the Statute. (Article IV)
Administrative review and admissibility time limits
- Applications may be filed with the Tribunal only after exhaustion of all available channels of administrative review where such channels exist. (Article V.1)
- Exhaustion rules where channels include the Fund’s complaint/grievance procedure:
- three months have elapsed since a recommendation on the matter has been made to the Managing Director and the applicant has not received a decision stating that the relief he requested would be granted;
- a decision denying the relief requested has been notified to the applicant;
- two months have elapsed since a decision stating that the relief requested would be granted has been notified to the applicant, and the necessary measures have not actually been taken. (Article V.2 a–c)
- Where channels do not include the procedure in Section 2, administrative review deemed exhausted when:
- three months have elapsed since the request for review was made and no decision stating that the relief requested would be granted has been notified to the applicant. (Article V.3.a)
- Exhaustion is also deemed achieved when the Managing Director and the applicant agree to submit the dispute directly to the Tribunal. (Article V.4)
- Time limits for filing:
- Individual decision challenges: not admissible if filed more than three months after exhaustion of remedies or, absent such channels, more than three months after notification of the decision. (Article VI.1)
- Regulatory decision challenges: not admissible if filed more than three months after the announcement or effective date of the decision, whichever is later; illegality of a regulatory decision may be asserted at any time in support of an admissible challenge to an individual decision. (Article VI.2)
- Tribunal may waive time limits in exceptional circumstances if delay is justified. (Article VI.3)
- Filing an application does not suspend implementation of the contested decision. (Article VI.4)
- No application may be filed or maintained after settlement between applicant and Fund. (Article VI.5)
Composition, appointment, and independence
- Tribunal composed of five members, including the President. (Article VII.1)
- Appointment rules (as of January 1, 2010):
- President appointed for four years by the Managing Director after consultation with the Staff Association and with the approval of the Executive Board. (Article VII.1.a)
- Other members appointed for four years by the Managing Director after appropriate consultation; transitional measure: two members appointed for a term of only two years beginning on January 1, 2010. (Article VII.1.b)
- Members must have no prior or present employment relationship with the Fund, be nationals of a member country of the Fund at appointment, and possess qualifications required for high judicial office or be jurisconsults of recognized competence. (Article VII.1.c)
- Reappointment and term limits:
- President and other members may be reappointed for a maximum of two additional terms; service before January 1, 2010 not taken into account for this limit. (Article VII.2)
- Interim appointments to fill unexpired terms do not count toward term limitation. (Article VII.2)
- Case panels and recusal:
- Any member with a conflict of interest shall recuse himself. (Article VII.3)
- Decisions in a case taken by a panel of the President and two other members designated by the President; seniority rules apply if President unavailable. (Article VII.4)
- Managing Director shall terminate appointment of a member deemed unsuited by unanimous opinion of other members. (Article VII.5)
- Independence and post-service restrictions:
- Members completely independent in exercise of duties; shall not receive instructions or be subject to constraint; considered officers of the Fund for purposes of the Articles of Agreement. (Article VIII)
- Members shall not be eligible for staff employment with the Fund following end of their service with the Tribunal. (Article VIII)
Administrative arrangements, Secretariat, expenses
- Managing Director to make administrative arrangements necessary for functioning of the Tribunal and designate Secretariat personnel. (Article IX.1–2)
- Secretariat personnel under authority of the President in discharge of duties and must not disclose confidential information received. (Article IX.2)
- Expenses of the Tribunal borne by the Fund. (Article IX.3)
Evidence, procedure, and counsel
- Tribunal may require production of documents held by the Fund, except where Managing Director withholds evidence on grounds it might hinder operation of the Fund due to secret or confidential nature; such determination is binding on the Tribunal. In such cases, applicant’s allegations concerning contents of withheld document shall be deemed demonstrated absent probative evidence to the contrary. Tribunal may examine witnesses and experts subject to same qualification. (Article X.1)
- Tribunal, by majority vote, shall establish Rules of Procedure covering:
- presentation of applications and related procedures;
- intervention by persons open under Article II.1 whose rights may be affected;
- presentation of testimony and other evidence;
- summary dismissal of applications without disposition on the merits;
- other matters relating to functioning of the Tribunal. (Article X.2 a–e)
- Parties may be assisted by counsel of their choice, other than members of the Fund’s Legal Department, and shall bear the cost, subject to Article XIV.4 and Article XV. (Article X.3)
Hearings, confidentiality, and decisions
- Sessions ordinarily at Fund headquarters; Tribunal may hold sessions at other locations or by electronic means. (Article XI)
- Tribunal decides whether oral proceedings warranted; oral proceedings open to interested persons unless exceptional circumstances require privacy. (Article XII)
- Decisions by majority vote. (Article XIII.1)
- Judgments final subject to Articles XVI and XVII, and without appeal. (Article XIII.2)
- Each judgment in writing with stated reasons; deliberations confidential. (Article XIII.3–4)
- Original judgments filed in Fund archives; attested copies delivered to parties; Secretariat may provide copies to interested persons with possible redaction of identities as decided by the President. (Article XVIII.1–2)
Remedies, compensation, and costs
- If application against an individual decision is well-founded, Tribunal shall prescribe rescission and other measures required to correct effects. (Article XIV.1)
- When measures other than payment of money are prescribed, Tribunal shall fix compensation payable if Managing Director within one month of notification decides not to implement measures; compensation shall not exceed the equivalent of three hundred percent (300%) of the current or last annual salary from the Fund, except in exceptional cases when Tribunal may order higher compensation with specific reasons. (Article XIV.2)
- If application against a regulatory decision is well-founded, Tribunal shall annul such decision; individual decisions taken before or after annulment on basis of that regulatory decision shall be null and void. (Article XIV.3)
- Tribunal may order reasonable costs incurred by the applicant, including counsel fees, to be totally or partially borne by the Fund, considering nature/complexity of case, quality of work, and amount of fees relative to prevailing rates. (Article XIV.4)
- Tribunal may adjourn proceedings at Managing Director’s request when Fund procedures were not observed to allow institution of required procedure or corrective measures within a time certain. (Article XIV.5)
- Tribunal may order compensation by the applicant to the Fund for cost of defending the case if application was manifestly without foundation or intended to delay or harass; amounts collected by deductions from payments owed by the Fund or otherwise as determined by Managing Director, who may waive the claim in particular cases. (Article XV.1–2)
Revision, correction, and finality
- Revision permitted when discovery of a fact that might have had decisive influence on judgment is made known within six months after acquiring knowledge of such fact. (Article XVI)
- Tribunal may interpret or correct judgments that are obscure, incomplete, or contain typographical or arithmetical errors. (Article XVII)
- Judgments are final, subject to revision and correction provisions. (Article XIII.2; Articles XVI–XVII)
Transitional and special provisions
- Tribunal not competent to pass judgment on administrative acts taken before October 15, 1992. (Article XX.1)
- For decisions taken between October 15, 1992 and the establishment of the Tribunal, applications admissible only if filed within three months after the establishment of the Tribunal; Tribunal deemed established when staff notified by the Managing Director that all members have been appointed. (Article XX.2)
- Competence may be extended to any international organization under special agreement with the Fund; such agreements must bind the organization to Tribunal judgments and responsibility for payment of compensation awarded in respect of a staff member of that organization, and include provisions regarding participation in administrative arrangements and sharing expenses. (Article XXI)
Content in this bundle
- Statute of the Administrative Tribunal of the International Monetary Fund
- INTERNATIONAL MONETARY FUND ADMINISTRATIVE TRIBUNAL — Code of Judicial Conduct
- conclusion sustained that factors other than discrimination affected Applicant’s career
- Revised Decision on the protection of privacy and method of publication
References