22 U.S.C. § 286aa: Instructions to United…

Summary

Requires the Treasury Secretary to order the United States Executive Director at the Fund to oppose any Fund credit to a communist dictatorship unless the Secretary does three things. The Secretary must certify in writing, and if asked must notify and appear at least 21 days before any vote before the Senate Foreign Relations Committee, the Senate Banking, Housing, and Urban Affairs Committee, and the House Banking, Finance, and Urban Affairs Committee, that the Fund drawing: It (1) will help fix the country's balance of payments and make it sustainable, (2) will reduce tight limits on moving labor and capital and push the country toward market-style policies, and (3) is in the best economic interest of most of the people there. If the Secretary does not make the written certification and meet a 21-day appearance request, the U.S. Executive Director must vote against the program.

Title 22, §286aa

Foreign Relations and Intercourse, Source: USLM XML via OLRC

The Congress hereby finds that Communist dictatorships result in severe constraints on labor and capital mobility and other highly inefficient labor and capital supply rigidities which contribute to balance of payments deficits in direct contradiction of the goals of the International Monetary Fund. Therefore, the Secretary of the Treasury shall instruct the United States Executive Director of the Fund to actively oppose any facility involving use of Fund credit by any Communist dictatorship, unless the Secretary of the Treasury certifies and documents in writing upon request and so notifies and appears, if requested, before the Foreign Relations and Banking, Housing, and Urban Affairs Committees of the Senate and the Banking, Finance and Urban Affairs Committee of the House of Representatives, at least twenty-one days in advance of any vote on such drawing that such drawing—

(1)provides the basis for correcting the balance of payments difficulties and restoring a sustainable balance of payments position;

(2)would reduce the severe constraints on labor and capital mobility or other highly inefficient labor and capital supply rigidities and advances market-oriented forces in that country; and

(3)is in the best economic interest of the majority of the people in that country.

Should the Secretary not meet a request to appear before the aforementioned committees at least twenty-one days in advance of any vote on any facility involving use of Fund credit by any communist dictatorship and certify and document in writing that these three conditions have been met, the United States Executive Director shall vote against such program.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Pub. L. 103–149 struck out “(a)” before “The Congress” and struck out subsec. (b) which related to use of International Monetary Fund credit by any country which practices apartheid.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

§286aa Instructions to United States Executive Director; Communist Dictatorships