Selected Decisions and Selected Documents of the IMF, Thirty- Eighth Issue -- Transferability of Claims Under General Arrangements to Borrow

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

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ARTICLE VII
Borrowing

TRANSFERABILITY OF CLAIMS UNDER GENERAL ARRANGEMENTS TO BORROW

Pursuant to paragraph 13 of the revised General Arrangements to Borrow (GAB) which became effective on December 26, 1983, the Fund consents in advance to the transfer of outstanding claims to repayment under the GAB on the terms and conditions set out below:

  • 1. All or part of any claim under the GAB may be transferred at any time to a participant in the GAB.

  • 2. As from the value date of the transfer, the transferred claim shall be held by the transferee on the same terms and conditions as claims originating under its credit arrangement, except that the transferee shall acquire the right to request early repayment of the transferred claim on balance of payments grounds pursuant to paragraph 11(e) of the GAB only if, at the time of the transfer, (i) the transferee is a member, or the institution of a member, whose balance of payments and reserve position is considered sufficiently strong for its currency to be usable in net sales in the Fund’s operational budget; or (ii) the transferee is the Swiss National Bank,1 and the balance of payments and reserve position of the Swiss Confederation is, in the opinion of the Fund, sufficiently strong to justify such acquisition.

  • 3. The price for the claim transferred shall be as agreed between the transferee and the transferor.

  • 4. The transferor of a claim shall inform the Fund promptly of the claim that is being transferred, the name of the transferee, the amount of the claim that is being transferred, the agreed price for transfer of the claim, and the value date of the transfer.

  • 5. The transfer shall be registered by the Fund if it is in accordance with the terms and conditions of this decision. The transfer shall be effective as of the value date agreed between the transferee and the transferor.

  • 6. If all or part of a claim is transferred during a quarterly period as described in paragraph 9(b) of the GAB, the Fund shall pay interest to the transferee on the amount of the claim transferred for the whole of that period.

If requested, the Fund shall assist in seeking to arrange transfers.

Decision No. 7628-(84/25),

February 15, 1984,

effective April 10, 19842

1 Ed. Note: The Swiss National Bank became a participant in the GAB with effect from April 10, 1984.

2 Decision No. 7629-(84/25), February 15, 1984, effective April 10, 1984, on the Transferability of Claims Under Saudi Arabia’s Borrowing Agreement is reproduced in Selected Decisions and Selected Documents of the IMF, 32nd Issue, pp. 472-73.

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