Treasury Has Sustained Its Formal Process to Promote U.S. Policies at the International Monetary Fund (29-JUN-06, GAO-06-876R). In recent years, Congress has demonstrated significant interest in legislating U.S. policies regarding the International Monetary Fund (IMF). Currently, the administration is charged with responding to dozens of legislative mandates related to the IMF, including advocacy for certain IMF policies, instructions for U.S. voting positions on IMF assistance to borrower countries, and requirements to report to Congress on various aspects of U.S. participation in the IMF. Since 2001, we reported that the United States had maintained nearly 70 legislative mandates prescribing U.S. policy goals at the IMF. These mandates covered a wide range of policies, including policies regarding combating terrorism, human rights, international trade, and weapons proliferation. As an international organization, the IMF is generally exempt from U.S. law. However, Congress can seek to influence IMF policy by directing the Secretary of the Treasury to instruct the U.S. Executive Director on the IMF's Executive Board to pursue certain policy considerations or to vote in a particular way on IMF programs or on assistance to specific countries. In 2000, Congress directed us to assess the Department of the Treasury's (Treasury) efforts to advance U.S. legislative mandates at the IMF. The Consolidated Appropriations Act for Fiscal Year 2000 requires us to report annually on the extent to which IMF practices are consistent with U.S. policies as set forth in federal law. In January 2001, we reported that Treasury instituted a formal process in 1999 to systematically promote congressionally mandated policies at the IMF. We also found that, although Treasury had had some influence over IMF policies, it was difficult to attribute the adoption of a policy within the IMF solely to the efforts of any one member because the IMF generally makes decisions on the basis of consensus. Since 2003, we have provided yearly updates on (1) the status of Treasury's process for advancing congressional mandates at the IMF and (2) the number of U.S. legislative mandates concerning the IMF. This report provides a similar update for 2006. -------------------------Indexing Terms------------------------- REPORTNUM: GAO-06-876R ACCNO: A56119 TITLE: Treasury Has Sustained Its Formal Process to Promote U.S. Policies at the International Monetary Fund DATE: 06/29/2006 SUBJECT: Foreign policies International organizations Monetary policies Policy evaluation Reporting requirements International Monetary Fund ****************************************************************** ** This file contains an ASCII representation of the text of a ** ** GAO Product. ** ** ** ** No attempt has been made to display graphic images, although ** ** figure captions are reproduced. Tables are included, but ** ** may not resemble those in the printed version. ** ** ** ** Please see the PDF (Portable Document Format) file, when ** ** available, for a complete electronic file of the printed ** ** document's contents. ** ** ** ****************************************************************** GAO-06-876R June 29, 2006 Congressional Committees Subject: Treasury Has Sustained Its Formal Process to Promote U.S. Policies at the International Monetary Fund In recent years, Congress has demonstrated significant interest in legislating U.S. policies regarding the International Monetary Fund (IMF). Currently, the administration is charged with responding to dozens of legislative mandates related to the IMF, including advocacy for certain IMF policies, instructions for U.S. voting positions on IMF assistance to borrower countries, and requirements to report to Congress on various aspects of U.S. participation in the IMF. Since 2001, we reported that the United States had maintained nearly 70 legislative mandates prescribing U.S. policy goals at the IMF. These mandates covered a wide range of policies, including policies regarding combating terrorism, human rights, international trade, and weapons proliferation. As an international organization, the IMF is generally exempt from U.S. law. However, Congress can seek to influence IMF policy by directing the Secretary of the Treasury to instruct the U.S. Executive Director on the IMF's Executive Board1 to pursue certain policy considerations or to vote in a particular way on IMF programs or on assistance to specific countries. In 2000, Congress directed us to assess the Department of the Treasury's (Treasury) efforts to advance U.S. legislative mandates at the IMF. The Consolidated Appropriations Act for Fiscal Year 20002 requires us to report annually on the extent to which IMF practices are consistent with U.S. policies as set forth in federal law. In January 2001, we reported that Treasury instituted a formal process in 1999 to systematically promote congressionally mandated policies at the IMF.3 We also found that, although Treasury had had some influence over IMF policies, it was difficult to attribute the adoption of a policy within the IMF solely to the efforts of any one member because the IMF generally makes decisions on the basis of consensus. Since 2003, we have provided yearly updates on (1) the status of Treasury's process for advancing congressional mandates at the IMF and (2) the number of U.S. legislative mandates concerning the IMF.4 This report provides a similar update for 2006. 1The Executive Board oversees the day-to-day business of the IMF. The board comprises 24 executive directors who are appointed or elected by member countries or by groups of member countries. The President appoints, with the advice and consent of the Senate, the U.S. Executive Director to represent the United States on the board. 2Pub.L. No. 106-113, S: 504(e), 113 Stat. 1501, 1501A-318 (1999). 3See GAO, International Monetary Fund: Efforts to Advance U.S. Policies at the Fund, GAO-01-214 (Washington, D.C.: Jan. 29, 2001). Results in Brief The Department of the Treasury has sustained a formal process for advancing U.S. policies at the IMF. A task force facilitates coordination between Treasury and the U.S. Executive Director and identifies early opportunities to influence decisions of IMF members. Since our September 2005 report, the task force has continued to meet on a regular basis to identify opportunities to advance legislative mandates at the IMF. Treasury continues to promote the task force as a tool for monitoring and promoting legislative mandates and other policy priorities by, for example, including discussion on crosscutting policy issues such as debt relief and focusing attention n on both present and prospective IMF programs. We have identified 70 legislative mandates that prescribe U.S. policy goals at the IMF, which is similar to the numbers we reported in our previous reports. Since our last report, 9 mandates have either replaced older mandates or represented amendments to mandates, and 1 mandate, concerning direct support to the central government of Cambodia, has expired. Treasury continues to notify the U.S. Executive Director about new mandates through instruction letters. Background Treasury has the lead role within the executive branch for formulating U.S. policy toward the IMF. The U.S. Executive Director is appointed by the President and pursues U.S. policy objectives through membership on the IMF's Executive Board. Treasury's Office of International Affairs, along with the Office of the U.S. Executive Director of the IMF, formulates, evaluates, and implements Treasury policy concerning U.S. participation in the IMF, including the policy positions and directives set forth in legislative mandates. The legislative mandates that set forth U.S. policy regarding the IMF cover a range of issues. Some of these, such as exchange rate policy, are core to the IMF's mission. This report classifies mandates into one of two broad categories: "policy" mandates and "directed vote" mandates.5 Policy mandates seek to foster or advocate certain policies at the IMF by directing Treasury to instruct the U.S. Executive Director to use his or her "voice," "vote," or both, on behalf of the United States at the Executive Board to bring about a policy change at the IMF. For example, the U.S. Executive Director is directed to encourage the IMF to adopt internationally recognized worker rights for borrowing countries. Directed vote mandates are more prescriptive, in that they instruct the United States to "oppose" or "vote against" loans or other IMF assistance to particular countries or categories of countries. For example, the U.S. Executive Director is directed to vote against financial assistance for a country that is not compliant with the Trafficking Victims Protection Act6 (see enc. I, mandate 51). 4See GAO, Treasury Maintains a Formal Process to Advance U.S. Policies at the International Monetary Fund, GAO-03-401R (Washington, D.C.: Feb. 7, 2003); Treasury Continues Its Formal Process to Promote U.S. Policies at the International Monetary Fund, GAO-04-928R (Washington, D.C.: July 12, 2004); and Treasury Continues to Maintain Its Formal Process to Promote U.S. Policies at the International Monetary Fund, GAO-05-1015R (Washington, D.C.: Sept. 14, 2005). 5Reporting mandates that require Treasury to report to Congress on various issues related to U.S. participation in the IMF constitute a third category of legislative mandates. This report does not cover reporting mandates because they are not related to advancing U.S. policy goals at the IMF. Treasury Has a Systematic Process for Promoting U.S. Legislative Mandates Treasury continues to use a systematic process to advance U.S. legislative mandates at the IMF. As we reported previously,7 Treasury created the Task Force on Implementation of U.S. Policy and Reforms in the IMF in March 1999 to strengthen the process by which the United States pursues its objectives at the IMF. In particular, the task force was to increase awareness among Treasury staff about the mandates and identify early opportunities to provide input to the U.S. Executive Director to influence decisions regarding IMF members' programs and economic reviews. Treasury also continues to make available to all relevant staff annual updates of its comprehensive legislative mandates manual, which contains all mandates applicable to U.S. participation in the IMF. The task force includes staff-level representatives from the regional and functional offices within Treasury's Office of International Affairs, Treasury's Office of the General Counsel, and the U.S. Executive Director's office. Task force members continue to meet monthly to discuss how Treasury and the U.S. Executive Director can best apply legislative mandates based on a country's economic circumstances.8 According to Treasury officials, the task force serves an important role as a mechanism to systematically remind Treasury officials of the need to address legislative mandates. Prior to each monthly meeting, task force members review a tentative schedule of the IMF Executive Board upcoming meetings to stay abreast of what countries will be discussed by the board. Also, Treasury officials may prepare for the meetings by obtaining information about other opportunities to attempt to influence the IMF. For example, Treasury officials may hold discussions with IMF officials when an IMF mission is planned to a particular country as part of negotiations for a new or existing program or an economic review. At the task force meetings, members discuss opportunities to implement mandates, including mandates of potential relevance for specific countries. The aim of the discussions is to identify the best opportunities to make a credible and convincing case for pursuing a mandate at a given time. Once agreement is reached on how to pursue a mandate, Treasury officers for the specific country collaborate with U.S. Executive Director staff and functional specialists to draft a policy position for the U.S. Executive Director. The policy position can take the form of input for a written statement or talking points for an oral statement to the Executive Board. The U.S. Executive Director pursues U.S. objectives, including the legislative mandates, through various channels at the IMF. For example, the U.S. Executive Director regularly makes oral or written statements to the board to apprise it of U.S. policy objectives regarding requests from countries for new programs, IMF reviews of existing programs, and regular IMF reviews of each members' economic policies. 622 U.S.C. S: 7107 (2004). 7GAO-01-214, GAO-03-401R, GAO-04-928R, and GAO-05-1015R. 8Although the task force helps facilitate coordination between Treasury officials and the U.S. Executive Director, it is not the final arbiter for determining the U.S. policy position toward the IMF on any given issue. The task force is not a review or approval mechanism to give Treasury sanction to pursue individual mandates. Since creating the task force, Treasury has made occasional modifications to its efforts to monitor and promote legislative mandates at the IMF. For example, in March 2001, the task force expanded its agenda to include not only countries scheduled for discussion by the IMF Executive Board but also countries that might need a program in the next several months. This enabled task force participants to focus attention on countries not yet on the board's calendar. In April 2004, Treasury officials initiated efforts to make the task force more useful for participants by, for example, reorganizing the meeting agenda into a table format that clearly indicates which mandates are relevant to particular countries. They also categorized the countries under discussion by differentiating those that currently have an IMF program from those that may need one. In early 2005, Treasury began transitioning its task force meetings from a biweekly to a monthly basis, while holding periodic meetings, as needed, among the country desk officers, the Office of the General Counsel, and the Executive Director's office. The task force also added crosscutting policy discussions to the agenda. As a result, according to Treasury officials, attendance at the task force meetings increased. Slight Decrease in Number of U.S. Legislative Mandates Concerning the IMF The number of U.S. legislative mandates concerning the IMF has remained relatively constant for the last four years. Through our legal analysis, supplemented by documentation obtained from Treasury, we identified a total of 70 IMF-related mandates as of April 2006, 1 mandate fewer than we identified in our September 2005 report. Since our last update, 9 mandates have been enacted that simply renew expired mandates or represent amendments to mandates. One mandate that instructed the U.S. Executive Director to oppose loans to the central government of Cambodia has expired.9 Treasury continues to provide annual notification letters concerning new mandates to the U.S. Executive Director's office. These notification letters instruct the U.S. Executive Director to take appropriate actions with respect to IMF mandates. Enclosure I identifies all directed vote and policy mandates that prescribe U.S. policy goals at the IMF under current federal law. The enclosure briefly describes the broad policy objectives that the mandates address and some of the actions that are required by Treasury and the U.S. Executive Director. The mandates date from 1945 to 2005, with the majority enacted in the last decade. Some mandates address multiple policy issues, sometimes overlapping each other. Enclosure II identifies some policies that are addressed in multiple mandates.10 For example, 9 mandates pertain to trade and 7 pertain to debt issues. 9Pub. L. No. 108-447, S: 554, 118 Stat. 2809, 3015 (2004). Agency Comments and Our Evaluation We received written comments on a draft of this report from the Department of the Treasury, which we reprinted in enclosure III. Treasury concurred with the facts presented in this report. Treasury reiterated its position that the extensive legislative mandates could potentially undermine its effectiveness in influencing the IMF. Scope and Methodology To describe the current process that Treasury has in place to advance congressional mandates at the IMF, we reviewed the list of topics that were discussed in the monthly task force meetings from September 2005 to May 2006, which include summaries of major issues relating to the mandates. To determine the current number of IMF mandates, we analyzed Treasury's compilation of legislative mandates pertaining to the international financial institutions and documents obtained through our own legal research. In addition, we reviewed a January 2006 memorandum from Treasury to the U.S. Executive Director concerning new mandates and Treasury's 2006 compilation of legislative mandates applying to international financial institutions. We used two criteria to identify the relevant laws for this review: (1) any current law that explicitly directs the U.S. Executive Director to the IMF to use his vote at the IMF to achieve a policy goal and (2) any current law that seeks to have the U.S. Executive Director use his voice at the IMF to promote a U.S. policy or make a policy change. To address both objectives, we also interviewed officials in Treasury's Office of International Monetary Policy and the Office of the General Counsel. We conducted our review from April 2006 to June 2006 in accordance with generally accepted government auditing standards. 10Within enclosures I and II, mandates shown in bold represent those that replaced expired mandates since our last report in September 2005. - - - - - We are sending copies of this report to other congressional committees, the Secretary of the Treasury, the Managing Director of the International Monetary Fund, and other interested parties. We will also make copies available to others upon request. In addition, this report will be available at no charge on the GAO Web site at http://www.gao.gov . If you or your staff have any questions about this report, please contact Thomas Melito at (202) 512-9601 or [email protected]; or Stephanie J. May at (202) 512-6293 or [email protected] . Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report. GAO staff who made major contributions to this report are listed in enclosure IV. Thomas Melito Director, International Affairs and Trade Stephanie J. May Managing Associate General Counsel General Counsel Enclosures List of Congressional Committees The Honorable Richard G. Lugar Chairman The Honorable Joseph R. Biden Jr. Ranking Minority Member Committee on Foreign Relations United States Senate The Honorable Thad Cochran Chairman The Honorable Robert C. Byrd Ranking Minority Member Committee on Appropriations United States Senate The Honorable Mitch McConnell Chairman The Honorable Patrick J. Leahy Ranking Minority Member Subcommittee on State, Foreign Operations, and Related Programs Committee on Appropriations United States Senate The Honorable Michael G. Oxley Chairman The Honorable Barney Frank Ranking Minority Member Committee on Financial Services House of Representatives The Honorable Jerry Lewis Chairman The Honorable David R. Obey Ranking Minority Member Committee on Appropriations House of Representatives Enclosure I: U.S. Legislative Mandatesa Concerning the International Monetary Fund (IMF) Law and date Subject matter Required actions Directed of vote enactmentb 1 22 U.S.C. Human rights, The Department of the Yes 262d international Treasury (Treasury) shall terrorism, instruct the U.S. Executive Oct. 3, 1977 religious freedom, Director (USED) to oppose and others, loans to countries whose including nuclear governments engage in a material pattern of gross violations acquisition of internationally recognized human rights or provide refuge to individuals committing acts of international terrorism by hijacking aircraft, unless such assistance is directed to serve basic human needs. Severe violations of religious freedom should be considered in determining if the country has engaged in gross violations of internationally recognized human rights. Further, Treasury is to instruct the USED to consider a list of concerns when carrying out its duties, including whether recipient countries are seeking to acquire unsafeguarded special nuclear material. 2 22 U.S.C. Salaries and The President shall direct No 262e benefits of the USED to take all International appropriate actions to keep Oct. 3, 1977 Monetary Fund (IMF) the compensation for IMF employees employees at a level comparable to the compensation provided employees of both private business and the U.S. government in comparable positions. 3 22 U.S.C. Trade, mining, and Treasury shall instruct the Yes 262h surplus commodities USED to use his voice and vote on behalf of the United Oct. 15, States to oppose any IMF 1986 assistance for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the export of such commodity or mineral would cause substantial injury to the U.S. producers of the same, similar, or competing commodity or mineral. 4 22 U.S.C. Impact of country Treasury shall instruct the No 262k Aug. adjustment programs USED to consider, when 15, 1985 on industries and reviewing loans, credits, or commodity markets other uses of IMF resources, and opposition to the effect that country assistance for adjustment programs would copper refining and have on individual copper commodity industries' sectors and export international commodity markets, including specific criteria to be considered as a basis for a vote against certain mining and related project proposals. Specifically, in the case of copper, Treasury shall instruct the USED to use the voice and vote of the United States to oppose any assistance using appropriated funds for the production of any copper commodity for export or for the financing of the expansion, improvement, or modernization of copper mining, smelting, and refining capacity. 5 22 U.S.C. Military spending Treasury shall instruct the Yes 262k-1 Sept. and audits USED to use his voice and 30, 1996 vote to oppose any loan, other than for basic humanitarian needs, to any country that the Secretary of the Treasury determines does not have in place a functioning system for reporting to civilian authorities audits of receipts and expenditures that fund activities of the armed and security forces and that has not provided to the IMF information about the audit process requested by the institution. 6 22 U.S.C. Female genital Treasury shall instruct the Yes 262k-2 Sept. mutilation USED to use his voice and 30, 1996 vote to oppose any loan, other than for basic humanitarian needs, for any government that the Secretary of the Treasury determines has a known history of practicing female genital mutilation and has not taken steps to implement educational programs designed to prevent this practice. 7 22 U.S.C. Trade barriers and Treasury shall instruct the No 262n-3 Oct. agricultural USED to use aggressively his 21, 1998 commodities voice and vote to vigorously promote policies to encourage the opening of markets for agricultural commodities and products by requiring recipient countries to make efforts to reduce trade barriers. 8 22 U.S.C. Military spending Treasury shall instruct the No 262o-1 Aug. and good governance USED to consider, when 23, 1994 deciding whether to support a country's loan program, the extent to which IMF borrowing countries have demonstrated a commitment to (1) providing accurate and complete data on military spending; (2) establishing good and publicly accountable governance, including ending excessive military involvement in the economy; and (3) making substantial reductions in excessive military spending and forces. The USED shall promote a policy that seeks to channel funding toward growth and development priorities and away from unproductive expenditures, including military spending. 9 22 U.S.C. Transparency, debt, Treasury shall instruct the No 262o-2 Oct. private sector, USED to use aggressively his 21, 1998 trade, crisis voice and vote to enhance the lending, exchange general effectiveness of the rates, labor, the IMF with respect to numerous environment, issues, including exchange military spending, rate stability: trade sound banking, liberalization:antitrust social safety nets, reform: core labor standards: good governance, social safety nets: sound corruption, the banking principles: private poor, ethnic and sector burden-sharing: social strife, and disclosure of market money laundering information; debt; crises and financing of lending; good governance; terrorism procurement reform; corruption and bribery; drug-related money laundering; excessive military spending; ethnic and social strife; environmental protection; transparency; microenterprise lending, especially to the world's poorest, heavily indebted countries; anti-money laundering (AML); and combating the financing of terrorism (CFT) regimes. 10 22 U.S.C. Equal employment Treasury shall instruct the No 262p-4n Nov. opportunities at USED to use his voice and 5, 1990 the IMF vote to urge the IMF to adopt policies and procedures that ensure that the IMF does not discriminate against any person on the basis of race, ethnicity, gender, color, or religious affiliation in any determination related to employment. 11 22 U.S.C. Respect for Treasury shall direct the No 262p-4o Aug. indigenous peoples USED to use his voice and 23, 1994 vote to bring about the creation and full implementation of policies designed to promote respect for and full protection of the territorial rights, traditional economies, cultural integrity, traditional knowledge, and human rights of indigenous peoples. 12 22 U.S.C. Internationally Treasury shall direct the No 262p-4p Aug. recognized worker USED to use his voice and 23, 1994 rights vote to urge the IMF to adopt policies to encourage borrowing countries to guarantee certain internationally recognized worker rights and to include the status of such rights as an integral part of the policy dialogue with each country. In addition, the USED shall urge the IMF to establish formal procedures to screen projects and programs for any negative impact in a borrowing country with respect to those rights. 13 22 U.S.C. State support of Treasury shall instruct the Yes 262p-4q Apr. international USED to use his voice and 24, 1996 terrorism vote to oppose any loan for a country for which the Secretary of State has made a determination that it is a terrorist state. 14 22 U.S.C. Terrorism Treasury may instruct the No 262p-4r Oct. USED to use aggressively the 26, 2001 voice and vote of the United States to require an auditing of IMF disbursements to ensure that no funds are paid to persons who commit, threaten to commit, or support terrorism. In addition, if the President determines that a country has committed to take actions that contribute to efforts of the United States to respond to, deter, or prevent acts of international terrorism, Treasury may instruct the USED to use the voice and vote of the United States to support any loan or other use of IMF funds for such country. 15 22 U.S.C. Debt relief Treasury should urge the IMF No 262p-6 Nov. to complete a debt 29, 1999 sustainability analysis by December 31, 2000, and determine eligibility for debt relief for as many countries under the modified Heavily Indebted Poor Countries Initiative as possible. Treasury shall make every effort (including instructing the USED) to ensure that an external assessment of the Heavily Indebted Poor Countries Initiative takes place by December 31, 2001. 16 22 U.S.C. Extended Structural Treasury shall instruct the No 262p-7 Nov. Adjustment Facility USED to use his voice and 29, 1999 reform vote to promote the IMF's establishment of poverty reduction policies and procedures to support countries' efforts under programs developed and jointly administered by the World Bank and the IMF containing those components listed in the mandate. 17 22 U.S.C. Personnel practices It shall be U.S. policy that No 262t at the IMF no initiatives, discussions, or recommendations concerning Dec. 19, the placement or removal of 1989 any personnel employed by the IMF shall be based on the political philosophy or activity of that individual. 18 22 U.S.C. Treatment of Treasury shall instruct the No 286e-8 Oct. creditors in debt USED to seek to assure that 10, 1978 rescheduling no decision by the IMF departs from U.S. policy regarding the comparability of treatment of public and private creditors in cases of debt rescheduling where official U.S. credits are involved. 19 22 U.S.C. Investment, Treasury shall instruct the No 286e-9 Oct. employment, and USED to encourage IMF staff 10, 1978 basic human needs to formulate economic stabilization programs that foster a broader base of productive investment and employment, especially in those productive activities that are designed to meet basic human needs. 20 22 U.S.C. Countries harboring Treasury shall instruct the No 286e-11 Oct. international USED to work in opposition to 10, 1978 terrorists financing for countries either harboring international terrorists or failing to take measures to prevent acts of international terrorism. 21 22 U.S.C. International trade In considering the policies No 286k July and economic of the United States in 31, 1945 stability foreign lending, the USED shall give careful consideration to progress made in reaching agreement among nations to reduce restrictions on international trade and promote international economic stability. 22 22 U.S.C. Basic human needs The USED shall recommend and No 286s Oct. 7, and economic work for changes in IMF 1980 adjustment programs guidelines to ensure the effectiveness of economic adjustment programs by considering the effect the program will have on issues such as jobs and investment. The USED shall also work toward improved coordination among the IMF, the World Bank, and other appropriate institutions in this area. 23 22 U.S.C. Dollar-Special Treasury shall encourage IMF No 286u Oct. 7, Drawing Rights member countries to negotiate 1980 substitution a dollar-Special Drawing account Rights substitution account in which equitable burden-sharing would exist among participants in the account. 24 22 U.S.C. Membership for The USED shall notify the IMF No 286v Oct. 7, Taiwan in the IMF that it is U.S. policy that 1980 Taiwan be granted appropriate membership in the IMF. 25 22 U.S.C. Denial of The USED shall notify the IMF No 286w membership for the that it is U.S. policy that Palestinian the Palestinian Liberation Oct. 7, 1980 Liberation Organization not be given Organization membership or other status at the IMF. 26 22 U.S.C. Assistance to The USED shall promote the No 286x Oct. 7, private sector of use of IMF programs to assist 1980 El Salvador, the private sector in any Nicaragua, and nation, though particularly other nations El Salvador and Nicaragua, in creating an environment that will stabilize a nation's economy. 27 22 U.S.C. Exchange rate The USED shall work for No 286y stability adoption of policies in the IMF to promote exchange rate Nov. 30, stability. Also, in 1983 determining a vote of assistance to any IMF borrower, the USED shall take into account whether the borrower's policies are consistent with certain IMF requirements. 28 22 U.S.C. Transparency Treasury shall instruct the No 286z USED to initiate discussions at the IMF,and propose and Nov. 30, vote for adoption of 1983 procedures to increase both the sharing of information among IMF members and the public dissemination of certain IMF information concerning international borrowing and lending. 29 22 U.S.C. Denial of lending Treasury shall instruct the Yes 286aa Nov. to communist USED to actively oppose any 30, 1983 dictatorships facility involving use of IMF credit by any communist dictatorship unless certain conditions are met. 30 22 U.S.C. Elimination of Treasury shall instruct the No 286bb Nov. predatory USED to propose and work for 30, 1983 agricultural export the adoption of an IMF policy subsidies encouraging members to eliminate all predatory agricultural export subsidies that might result in the reduction of other member countries' exports. 31 22 U.S.C. Trade, bank The USED shall recommend and Yes 286cc Nov. solvency, and shall work for changes in IMF 30, 1983 external debt guidelines and policies that servicing encourage countries to formulate economic adjustment programs that deal with their balance-of-payment difficulties and external debt owed to private banks. The USED shall also oppose and vote against fund assistance for a country whose annual external debt services exceed 85 percent of its annual export earnings, unless Treasury can document why an exception should be given. 32 22 U.S.C. Bank bailouts and Treasury shall instruct the Yes 286dd Nov. debt rescheduling USED to oppose and vote 30, 1983 against any IMF drawing by a member country that would be used to repay loans imprudently made by banking institutions to a member country and to ensure that the IMF encourages borrowing countries and banking institutions to renegotiate a rescheduling of debt that is consistent with safe and sound banking practices and the country's ability to pay. 33 22 U.S.C. International Treasury shall instruct the No 286ee Nov. lending and USED to propose that the IMF 30, 1983 external adopt policies with respect indebtedness to international lending, including a policy to examine the trend and volume of external indebtedness of private and public borrowers in Article IV consultations. 34 22 U.S.C. IMF interest rates Treasury shall instruct the No 286ff USED to propose and work for the adoption of IMF policies Nov. 30, regarding the rate of 1983 remuneration paid on use of members' quota subscriptions and the rate of charges on IMF drawings to bring those in line with market rates. 35 22 U.S.C. Elimination of Treasury shall instruct the No 286gg Nov. trade and USED to consult with the IMF 30, 1983 investment to reduce obstacles to and restrictions restrictions upon international trade and investment in goods and services, eliminate unfair trade and investment practices, and promote mutually advantageous economic relations. The USED shall also work to have the IMF obtain agreement with countries to eliminate certain unfair trade and investment practices and shall take a country's progress into account in formulating its position on requests for loans for periodic financial disbursements. 36 22 U.S.C. Impact of IMF Treasury shall instruct the No 286kk Dec. programs on the USED to seek policy changes 19, 1989 poor and the at the IMF that will result environment in a review of policy prescriptions implemented by the IMF to determine whether IMF objectives were met, the social and environmental impacts of such prescriptions, and the establishment of procedures to ensure policy options that reduce the potential adverse impact on the poor or the environment are included in future economic reform programs. 37 22 U.S.C. IMF policy Treasury shall instruct the No 286ll Oct. concerning USED to promote regularly and 24, 1992 transparency, the vigorously in program and poor, and the quota increase discussions a environment variety of policy proposals, including a proposal designed to alleviate poverty, promote policy audits in the areas of poverty and the environment, and allow public access to certain IMF information. 38 22 U.S.C. Measures to reduce The USED shall use his voice No 286mm Oct. military spending and vote to urge the IMF to 24, 1992 continue to develop an economic methodology to measure the level of military spending by every developing country. The USED shall also urge the IMF to provide annual reports that estimate the level of military spending by each developing country and urge the IMF to include an analysis on this issue in every Article IV consultation with such countries. 39 22 U.S.C. Debt reduction Treasury is authorized to No 286nn Nov. instruct the USED to vote to 29, 1999 approve the sale of gold such that proceeds can be used toward debt reduction for the Heavily Indebted Poor Countries Initiative and to support a decision to terminate the Special Contingency Account 2 (SCA-2) and make the funds in the SCA-2 available to the poorest countries. 40 22 U.S.C. Short- and It is the policy of the No 286oo Nov. medium-term United States to work to 6, 2000 financing, implement reforms in the IMF misreporting, and to achieve the following premium pricing goals: primarily using short-term balance-of-payments financing, limiting the use of medium-term financing, introducing premium pricing for lending that is greater than 200 percent of a member's quota in the IMF, and redressing cases of misreporting of information in the context of IMF programs. 41 22 U.S.C. Integration of Treasury is requested to No 2225 women instruct the USED to encourage and promote the Dec. 30, integration of women into the 1974 national economies of IMF member countries and into professional positions within the IMF organization. In addition, Treasury is to take any progress or lack of progress into account when making contributions to the IMF. 42 22 U.S.C. Expropriation of Treasury shall instruct the Yes 2370a Apr. U.S. property USED to vote against any use 30, 1994 of IMF funds for the benefit of any country that has, after 1956, nationalized or expropriated U.S. property without compensation or adequate arbitration, unless the funds are directed to programs that serve the basic human needs of the citizens of that country, or the President waives this prohibition on the basis of U.S. national interests. 43 22 U.S.C. East Timor Treasury shall instruct the No 2656 note USED to use the voice, vote, (Pub. L. No. and influence of the United 107-228, States to support economic sec. 633, and democratic development in Sept. 30, East Timor. 2002) 44 22 U.S.C. Nuclear transfers The U.S. government shall Yes 2799aa-1 and illegal exports oppose the extension of any IMF loan or financial or Apr. 30, technical assistance to any 1994 country that transfers to a nonnuclear weapon state a nuclear explosive device or any design information or component for use in the development or manufacture of a nuclear explosive device. Additionally, the U.S. government shall oppose the extension of any IMF loan or financial or technical assistance to any nonnuclear weapon state that receives or detonates a nuclear explosive device or seeks and receives any design information or component for use in the development or manufacture of a nuclear explosive device. The President may waive application of this section with respect to India and Pakistan under certain conditions. (See Pub. L. No. 106-79, sec. 9001.) 45 22 U.S.C. Sanctions against The United States shall Yes 5605 use of chemical and oppose, in accordance with 22 biological weapons U.S.C. 262d, the extension of Dec. 4, 1991 any loan or financial or technical assistance to any country that the President determines uses chemical or biological weapons either in violation of international law or against its own nationals. The President may waive application of this section under certain conditions. 46 22 U.S.C. Opposition to Cuban Treasury shall instruct the Yes 6034 membership USED to use the voice and vote of the United States to Mar. 12, oppose admission of Cuba as a 1996 member of the IMF until the President submits a determination that a democratically elected government is in power in Cuba. 47 22 U.S.C. Nuclear Treasury shall instruct the Yes 6302 nonproliferation USED to use the voice and vote of the United States to Apr. 30, oppose any use of IMF funds 1994 to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any nonnuclear weapon state. 48 22 U.S.C. Religious freedom The President shall instruct Yes 6445 Oct. the USED to oppose and vote 27, 1998 against loans primarily benefiting a foreign government, agency, instrumentality, or official determined by the President to be a violator of religious freedoms. 49 22 U.S.C. U.S. liability, The United States shall Yes 6713 Oct. confidential oppose any IMF loan or 21, 1998 business financial or technical information, and assistance to any foreign chemical weapons person, officer, or employee of the Organization for the Prohibition of Chemical Weapons whose actions taken in the implementation of the Chemical Weapons Convention make the United States liable. The United States shall also oppose any IMF loan or financial or technical assistance to any foreign person, business entity, or country that knowingly encourages or assists such a person in disclosing U.S. confidential business information. 50 22 U.S.C. Tibet Treasury shall instruct the No 6901 note USED to use the voice and (Pub. L. No. vote of the United States to 107-228, support projects in Tibet, so sec. 616, long as the projects are Sept. 30, designed in accordance with 2002) certain enumerated principles, such as that the project fosters self-sufficiency and self-reliance of Tibetans. 51 22 U.S.C. Combat trafficking The President will instruct Yes 7107 in persons the USED to vote against, and to use his best efforts to Oct. 28, deny, any loan or other use 2000 of IMF funds for the subsequent fiscal year to a country that fails to comply or is not making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking in persons. If certain requirements are met, this mandate does not apply to humanitarian assistance, trade-related assistance, or development assistance and can be waived by the President if the continuation of assistance is in the national interest. 52 50 U.S.C. Serbia or Treasury shall instruct the Yes 1701 note Montenegro USED to use the voice and (Pub. L. No. vote of the United States to 103-160, oppose any IMF assistance to sec. 1511, the governments of Serbia or Nov. 30, Montenegro, except for basic 1993 & Pub. human needs or unless a L. No. proper waiver or 104-208, certification is made. sec. 540, Feb. 12, 1996) 53 Pub. L. No. Burma and human Treasury shall instruct the Yes 104-208, rights and USED to vote against any sec. 570, democratic utilization of IMF funds for Sept. 30, government Burma until such time as the 1996 President certifies to Congress that Burma has made measurable and sustainable progress in improving human rights practices and implementing a democratic government in Burma, or the President waives the sanction by certifying to Congress that the sanction is contrary to U.S. national interests. 54 Pub. L. No. IMF operational Treasury shall instruct the No 106-113, budget USED to use the voice, vote, sec. 504, and influence of the United Nov. 29, States to urge vigorously the 1999 IMF both to publish the operational budgets of the IMF on a quarterly basis, not later than 1 year after the end of the period covered by the budget, and to continue to forgo reimbursements of the expenses incurred by the IMF in administering the Enhanced Structural Adjustment Facility, until the Heavily Indebted Poor Countries initiative is terminated. 55 Pub. L. No. Zimbabwe If the President certifies to Yes 107-99, sec. the appropriate congressional 4, Dec. 21, committees that certain 2001 conditions have been met in Zimbabwe, including the restoration of the rule of law and a commitment to equitable, legal, and transparent land reform, then the Treasury should direct the USED to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions. Until the President makes a certification, however, and except as may be required to meet basic human needs or for good governance, the Treasury shall instruct the USED to oppose and vote against any IMF loan, credit, or guarantee to the government of Zimbabwe or any cancellation or reduction of indebtedness owed by the government of Zimbabwe to the IMF. 56 Pub. L. No. Sudan After April 10, 2003, and Yes 107-245, every 6 months thereafter, if sec. 6, Oct. the President certifies that 21, 2002 the government of Sudan has not engaged in good faith negotiations to achieve apermanent and just peace agreement, or has unreasonably interfered with humanitarian efforts in Sudan, then the Treasury shall instruct the USED to continue to vote against, and actively oppose, any extension of any IMF loan, credit, or guarantee to the government of Sudan. 57 50 U.S.C. Burmese Freedom and Treasury shall instruct the Yes 1701 note Democracy Act USED to oppose and vote (Pub. L. No. against extending any IMF 108-61, sec. loan or financial or 5, Jul. 28, technical assistance to Burma 2003) until certain conditions are met, including that the State Peace and Development Council has made substantial progress to end human rights violations, to implement a democratic government, and that Burma is not designated as a country that has failed demonstrably to adhere to its obligations under international counternarcotics agreements. 58 Pub. L. No. Lifting of Iraqi Provisions of law that direct No 108-11, sec. Sanctions the U.S. Government to vote 1503, Apr. against or oppose loans or 16, 2003 (as other use of funds in the amended by IMF, including for financial Pub. L. No. or technical assistance, for 108-106, Iraq shall not be construed sec. 2204, as applying to Iraq. Nov. 6, 2003) 59 Pub. L. No. Belarus Democracy Treasury should instruct the Yes 108-347, Act USED to use the voice and sec. 5, Oct. vote of the United States to 20, 2004 oppose the extension of any financial assistance, including any technical assistance or grant, to the government of Belarus, except for loans and assistance to serve humanitarian needs. 60 Pub. L. No. Membership and The President, acting through No 108-458, leadership the Secretary of the sec. 7111, positions Treasury, should use the Dec. 17, voice, vote, and influence of 2004 the United States to (1) reform, where appropriate, the criteria for leadership and, in appropriate cases, for membership at the IMF so as to exclude countries that violate the principles of the organization; (2) make it an IMF policy that a member country may not stand in nomination for membership or in nomination or in rotation for a significant leadership position if the country is subject to sanctions imposed by the UN Security Council; and (3) work to ensure that no member country stands in nomination for membership or in nomination or in rotation for a significant leadership position if the government has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism. 61 Pub. L. No. Comprehensive Peace Notwithstanding the Yes 108-497 (50 in Sudan Act certification requirement in U.S.C. 1701 paragraph (1) of Section 6(b) note), Dec. of the Sudan Peace Act (Pub. 23, 2004 L. No. 107-245), Treasury shall instruct the USED to continue to vote against, and actively oppose, any extension of any IMF loan, credit, or guarantee to the government of Sudan. 62 Pub. L. No. Compensation for No funds appropriated by the No 109-102, the USED Foreign Operations, Export sec. 501, Financing, and Related Nov. 14, Programs Appropriations Act, 2005 2006, may be made as payment to the IMF while the USED is compensated by the IMF at a rate that, together with the compensation the USED receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under 5 U.S.C. 5315, or while the alternate U.S. Director is compensated by the IMF at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under 5 U.S.C. 5316. 63 Pub. L. No. Trade, mining, and Treasury shall instruct the Yes 109-102, surplus commodities USED to use the voice and sec. 514, vote of the United States to Nov. 14, oppose any IMF assistance for 2005 the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to the U.S. producers of the same, similar, or competing commodity. 64 Pub. L. No. Burma Treasury shall instruct the Yes 109-102, USED to oppose and vote sec. 526(a), against extending IMF loans Nov. 14, or financial or technical 2005 assistance or any other utilization of IMF funds to and for Burma. 65 Pub. L. No. Countries providing Treasury shall instruct the Yes 109-102, sanctuary to USED to vote against any new sec. 561, indicted war project involving the Nov. 14, criminals extension of financial or 2005 technical assistance to any country whose authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia all persons indicted by the Tribunal and to otherwise cooperate with the Tribunal. This section does not apply to humanitarian assistance and assistance for democratization. 66 Pub. L. No. User fees Treasury shall instruct the Yes 109-102, USED to oppose any loan, sec. 562, grant, strategy, or policy of Nov. 14, the IMF that would require 2005 user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the IMF's financing program. 67 Pub. L. No. Serbia and After May 31, 2006, Treasury Yes 109-102, Montenegro should instruct the USED to sec. 563, support loans and assistance Nov. 14, to the government of Serbia 2005 and Montenegro subject to certain conditions, including that the government of Serbia and Montenegro is taking steps consistent with the Dayton Peace Accord to end financial, political, security, and other support that served to maintain separate Republika Srpska institutions. With respect to such loans, 22 U.S.C. 262k-1, which requires transparency of military budgets, shall not apply. 68 Pub. L. No. Extraction and Treasury shall inform the No 109-102, export of natural management of the IMF that it sec. 585, resources is the policy of the United Nov. 14, States that the IMF should 2005 not provide assistance for the extraction and export of oil, gas, coal, timber, or other natural resource to any country unless the government of the country has in place or is working to establish functioning systems to (1) accurately account for revenues and expenditures in connection with the extraction and export of such natural resources, (2) independently audit such accounts and disseminate the audits, and (3) verify government receipts against company payments and disseminate such payment information in a manner that does not create competitive disadvantage or disclose proprietary information. 69 Pub. L. No. Zimbabwe Treasury shall instruct the Yes 109-102, USED to vote against any sec. 572, extension of any IMF loans to Nov. 14, the government of Zimbabwe, 2005 except to meet basic human needs or to promote democracy, unless the Secretary of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property and for freedom of speech and association. 70 Pub. L. No. Tibet Treasury should instruct the No 109-102, USED to use the voice and sec. 575(a), vote of the United States to Nov. 14, support projects in Tibet, if 2005 the projects do not provide incentives for migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring. Source: GAO. Notes: The information in this enclosure is based on a GAO analysis of policy and directed vote legislative mandates concerning the IMF. Mandates shown in bold represent mandates that were enacted since our last report in September 2005 and simply replaced older mandates or represent amendments to mandates. aTreasury puts mandates in three broad categories: "policy," "directed vote," and "reporting" mandates. Policy mandates direct the United States to foster or urge a certain policy at the IMF. Directed vote mandates instruct the United States to "oppose" or "vote against" loans or other IMF assistance. Reporting mandates are outside the scope of this report. bThis column reports the original date of enactment. However, many of these mandates were amended subsequent to this date. Enclosure II: Examples of Broad Policies That Are Addressed in Multiple Lawsa Broad policy objective Law Administrative and personnel 22 U.S.C. 2225 (Dec. 30, 1974) 22 U.S.C. matters 262e (Oct. 3, 1977) 22 U.S.C. 262t (Dec. 19, 1989) 22 U.S.C. 262p-4n (Nov. 5, 1990) Pub. L. No. 109-102, sec. 501 (Nov. 14, 2005) Banking 22 U.S.C. 286cc (Nov. 30, 1983) 22 U.S.C. 286dd (Nov. 30, 1983) 22 U.S.C. 262o-2 (Oct. 21, 1998) Burma Pub. L. No. 104-208, sec. 570 (Sept. 30, 1996) 50 U.S.C. 1701 note (Pub. L. No. 108-61, sec. 5 (Jul. 28, 2003)) Pub. L. No. 109-102, sec. 526(a) (Nov. 14, 2005) Debt 22 U.S.C. 286e-8 (Oct. 10, 1978) 22 U.S.C. 286cc (Nov. 30, 1983) 22 U.S.C. 286dd (Nov. 30, 1983) 22 U.S.C. 286ee (Nov. 30, 1983) 22 U.S.C. 262o-2 (Oct. 21, 1998) 22 U.S.C. 286nn (Nov. 29, 1999) 22 U.S.C. 262p-6 (Nov. 29, 1999) Employment 22 U.S.C. 2225 (Dec. 30, 1974) 22 U.S.C. 286e-9 (Oct. 10, 1978) Environment 22 U.S.C. 286kk (Dec. 19, 1989) 22 U.S.C. 286ll (Oct. 24, 1992) 22 U.S.C. 262o-2 (Oct. 21, 1998) Exchange rate stability 22 U.S.C. 286y (Nov. 30, 1983) 22 U.S.C. 262o-2 (Oct. 21, 1998) Governance 22 U.S.C. 262o-1 (Aug. 23, 1994) 22 U.S.C. 262o-2 (Oct. 21, 1998) Human rights 22 U.S.C. 262d (Oct. 3, 1977) 22 U.S.C. 262p-4o (Aug. 23, 1994) Pub. L. No. 104-208, Sec. 570 (Sept. 30, 1996) Investment 22 U.S.C. 286e-9 (Oct. 10, 1978) 22 U.S.C. 286s (Oct. 7, 1980) 22 U.S.C. 286gg (Nov. 30, 1983) Labor 22 U.S.C. 262p-4p (Aug. 23, 1994) 22 U.S.C. 262o-2 (Oct. 21, 1998) Poverty alleviation and 22 U.S.C. 286kk (Dec. 19, 1989) 22 U.S.C. education 286ll (Oct. 24, 1992) 22 U.S.C. 262o-2 (Oct. 21, 1998) 22 U.S.C. 262p-7 (Nov. 29, 1999) Pub. L. No. 109-102, sec. 562 (Nov. 14, 2005) Military spending and military 22 U.S.C. 286mm (Oct. 24, 1992) 22 U.S.C. audit 262o-1 (Aug. 23, 1994) 22 U.S.C. 262k-1 (Sept. 30, 1996) 22 U.S.C. 262o-2 (Oct. 21, 1998) Nuclear and chemical 22 U.S.C. 2799aa-1 (Apr. 30, 1994) 22 nonproliferation U.S.C. 6302 (Apr. 30, 1994) 22 U.S.C. 6713 (Oct. 21, 1998) 22 U.S.C. 5605 (Dec. 4, 1991) Religious freedom 22 U.S.C. 262d (Oct. 3, 1977) 22 U.S.C. 6445 (Oct. 27, 1998) Serbia 50 U.S.C. 1701 note (Pub. L. No. 103-160, sec. 1511 (Nov. 30, 1993) and Pub. L. No. 104-208, sec. 540 (Feb. 12, 1996)) Pub. L. No. 109-102, sec. 563 (Nov. 14, 2005) Terrorism 22 U.S.C. 262d (Oct. 3, 1977) 22 U.S.C. 286e-11 (Oct. 10, 1978) 22 U.S.C. 262p-4q (Apr. 24, 1996) 22 U.S.C. 262p-4r (Oct. 26, 2001) 22 U.S.C. 262o-2 (Oct. 21, 1998) Tibet 22 U.S.C. 6901 note (Pub. L. No. 107-228, sec. 616 (Sept. 30, 2002)) Pub. L. No. 109-102, sec. 575(a) (Nov. 14, 2005) Trade 22 U.S.C. 286k (July 31, 1945) 22 U.S.C. 286bb (Nov. 30, 1983) 22 U.S.C. 286cc (Nov. 30, 1983) 22 U.S.C. 286gg (Nov. 30, 1983) 22 U.S.C. 262k (Aug. 15, 1985) 22 U.S.C. 262h (Oct. 15, 1986) 22 U.S.C. 262n-3 (Oct. 21, 1998) 22 U.S.C. 262o-2 (Oct. 21, 1998) Pub. L. No. 109-102, sec. 514 (Nov. 14, 2005) Transparency 22 U.S.C. 286z (Nov. 30, 1983) 22 U.S.C. 286ll (Oct. 24, 1992) 22 U.S.C. 262o-2 (Oct. 21, 1998) Use of IMF resources 22 U.S.C. 286u (Oct. 7, 1980) 22 U.S.C. 286ff (Nov. 30, 1983) 22 U.S.C. 286oo (Nov. 6, 2000) Women's issues 22 U.S.C. 2225 (Dec. 30, 1974) 22 U.S.C. 262k-2 (Sept. 30, 1996) Zimbabwe Pub. L. No. 107-99, sec. 4 (Dec. 21, 2001) Pub. L. No. 109-102, sec. 572 (Nov. 14, 2005) Source: GAO. Notes: The information in this enclosure is based on a GAO analysis of policy and directed vote legislative mandates concerning the IMF. Mandates shown in bold represent mandates that were enacted since our last report in September 2005 and simply replaced older mandates or represent amendments to mandates. aTreasury puts mandates in three broad categories: "policy," "directed vote," and "reporting" mandates. Policy mandates direct the United States to foster or urge a certain policy at the IMF. Directed vote mandates instruct the United States to "oppose" or "vote against" loans or other IMF assistance. Reporting mandates are outside the scope of this report. Enclosure III: Comments from the Department of the Treasury Enclosure IV: GAO Contacts and Staff Acknowledgments GAO Contacts Thomas Melito, Director, (202) 512-9601 or [email protected] Stephanie J. May, Managing Associate General Counsel, (202) 512-6293 or [email protected] Staff Acknowledgments Cheryl Goodman (Assistant Director), Valerie Leman Nowak, J.J. Marzullo, Grace Lui, and Debbie J. Chung also made key contributions to this report. (320433) *** End of document. ***