Selected Decisions and Selected Documents of the IMF, Thirty- Eighth Issue -- Use of Fundís Resources: Meaning of Article V, Section 3(b)(ii)

Prepared by the Legal Department of the IMF
As updated as of February 29, 2016

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ARTICLE V, SECTION 3(a), (b), AND (c)
Use of Fund Resources

USE OF FUND’S RESOURCES: MEANING OF ARTICLE V, SECTION 3(b)(ii)

The word “represents” in Article V, Section 3(a)(i),1 means “declares.” The member is presumed to have fulfilled the condition mentioned in Article V, Section 3(a)(i), if it declares that the currency is presently needed for making payments in that currency which are consistent with the provisions of the Agreement. But the Fund may, for good reasons, challenge the correctness of this declaration, on the grounds that the currency is not “presently needed” or because the currency is not needed for payment “in that currency,” or because the payments will not be “consistent with the provisions of this Agreement.” If the Fund concludes that a particular declaration is not correct, the Fund may postpone or reject the request, or accept it subject to conditions. The phrase “presently needed” cannot be defined in terms of a formula uniformly applicable to all cases, but where there is good reason to doubt that the currency is “presently needed,” the Fund will have to apply the phrase in each case in the light of all the circumstances.

Decision No. 284-4,

March 10, 1948

1 Ed. Note: Corresponds to Article V, Section 3(b)(ii) of the Articles of Agreement after the Second Amendment.

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