CURACAO MINISTER OF FINANCE RESPONSE TO CFT WAS NOT ENOUGH?
By: JJosephaNews
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Twitter: @JJosephaNews
Willemstad, Curacao. Allegedly, on March 1, the Financial Oversight Board (CFT) (Dutch: College financieel toezicht Curacao en Sint Maarten) requested an additional explanation of a series of budget items from the Minister of Finance of Curaçao: Javier Silvania (MFK political party), and on April 12, 2022, the Minister Silvania responded. Apparently, Minister Silvania's explanation sounded familiar to the Financial Supervisory Board; “You are referring to your response to the CFT advice on the adopted budget for 2022. It seems that the president of the Financial Supervisory Board, Raymond Gradus , points out that both reactions show great similarities”.
DRAFT BUDGET MODIFICATION
According to reports, the CFT wants to receive a draft budget modification no later than May 13, incorporating the recommendations made earlier. Gradus indicates in this letter that the Council of Ministers of the Kingdom has also requested that all expenses necessary for investments, including investments in the context of the National Package, be included in a separate loan application based on article 16 of the Law of Financial Supervision and are processed in the same draft budget.
THE LOAN APPLICATION
The Kingdom Council will take a decision on the loan request and assess it, to determine up to what extent a deviation from Article 16 of the Financial Supervision Law (Kingdom Act Financial Supervision Curacao and Sint Maarten) is justified. Based on the fact that the Government of Curaçao must achieve a balanced budget, the loan would be difficult to achieve, however, based on the fact that the country has also been negatively affected by external influences, such as the COVID19 pandemic and Russia-Ukraine-War, the loan could be granted to help the country's economic crisis.
ARTICLE 16 OF THE FINANCIAL SUPERVISION LAW
- In the budgets, referred to in Article 15 , the intentions to attract loans are included.
- The loans taken out are mentioned in the implementation reports referred to in Article 18 .
- The boards inform the municipal executive if, during the implementation of the budget, the size of a loan threatens to exceed the budgeted loan amount.
- On the basis of the intentions to take out loans, as referred to in the first paragraph, the notifications, as referred to in the second paragraph, and the information provided, as referred to in the third paragraph, the Board assesses whether the board meets the standards referred to in article 15 .
- The Commission also assesses whether the agreements on improvements to financial management are being complied with, insofar as these relate to the raising of loans.
- If loans at the expense of a country are raised in the context of an open bidding procedure at the central bank of Curaçao and Sint Maarten, this will take place in accordance with advice from that bank.
- The State of the Netherlands has a current subscription to the loans referred to in the sixth paragraph, each time for the requested loan amount, at the current yield on government bonds of the relevant term.
- In an open bidding process as referred to in the sixth paragraph, local tenders have priority if the loan conditions are equal.
- If loans from a country are taken out privately, in addition to the Netherlands, one or more third parties are each time given the opportunity to make an offer simultaneously, after which they are attracted where the loan conditions are most favorable. In this regard, the offer referred to in the seventh paragraph applies to the State of the Netherlands. The eighth paragraph applies mutatis mutandis.
- The board informs the Executive Board about an intention to privately take out a loan, enclosing the conditions of the offered loans. The commission advises on the basis of a mutual comparison of the loan conditions within fourteen days of receipt of that message. If a board deviates from the advice of the board, this will be done with a reasoned decision. The board informs the board of the decision taken.
- The Board may notify the Council of Ministers of the Kingdom through the intermediary of Our Minister if it appears that a board deviates from the advice referred to in subsection 10. With that message, the Board may advise to take a decision as referred to in the twelfth paragraph. Together with the advice, the Executive Board will send a copy thereof to the relevant board and will inform Parliament that the advice has been sent.
- The Council of Ministers of the Kingdom may conclude on an advice as referred to in subsection 11 to issue an instruction with regard to privately entering into loans. Before a proposal for a designation is submitted to the Council of Ministers of the Kingdom, Our Minister shall give the board concerned the opportunity to state its views.
- The designation takes place by Royal Decree on the recommendation of Our Minister, in accordance with the conclusion of the Council of Ministers of the Kingdom.
TRANSLATION: [Felicity: 10% - Fidelity: 90% ]
OVERALL TRANSLATION: FELICITY:10% / FIDELITY:90%
PAPIAMENTU/DUTCH : ENGLISH
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