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Law
No. ( 26 ) of 2001
Public
Debt Management Law
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Article 1
This
law shall be called "The Public Debt Management Law of 2001"
and shall enter into force upon its publication in The Official
Gazette.
Article 2
The
following terms and phrases, wherever they appear in this law, shall
have the meanings assigned to them herebelow unless the context
otherwise indicates:
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Government
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:
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The
Ministries and Government Departments listed in the General
Budget Law.
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Committee
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:
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The
Higher Ministerial Committee formed in accordance with this
law to manage the public debt.
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Ministry
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:
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The
Ministry of Finance.
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Minister
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:
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The
Minister of Finance
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The
Central Bank
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:
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The
Central Bank of Jordan.
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Governor
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The
Governor of the Central Bank.
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Directorate
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:
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The
Public Debt Directorate of the Ministry
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Public
debt
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:
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The
outstanding balance of unpaid direct and indirect obligations
valued in Jordanian Dinars payable by the government.
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External
debt
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The
public debt payable in foreign currency.
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Domestic
debt
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The
public debt payable in Jordanian Dinar.
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Register
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:
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The
Register of Government securities prepared in accordance with
article (5) of this law.
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Registered
bond
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The
public debt instrument whose nominal value is registered in
the name of its owner in the Register.
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Treasury
bill
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A
promissory note to pay issued by the Government and whose
nominal value is registered in the name of its owner in the
Register.
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Government
Securities
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Registered
bonds and treasury bills issued in accordance with the
provisions of this law.
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Article
3
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A.
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The
formed Committee shall be chaired by the Minister with the
membership of each the Minister of Planning and the Governor.
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B.
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The
Committee shall have the following duties and rights which
should be raised to the Council of Ministers for ratification
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1.
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Establish
the general framework of policies and strategies for public
debt management.
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2.
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Determine
clear long and short-term objectives for public
debt
management.
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3.
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Review
the suggestions and recommendations of the concerned
government authorities and the Directorate and make the
appropriate decisions in this respect.
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4.
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Any
other tasks deemed necessary to achieve its objectives.
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Article
4
The
Committee shall convene every three months by an invitation of its
chairman and whenever needed. The meetings shall not be legal unless
all members attend.
Article
5
A
register called "The Government Securities Register" shall
be established at the Central Bank and shall in particular contain the
following:
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1.
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The
name of the owner of The Government security.
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2.
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Any
change in the ownership, mortgage or attachment of the
security.
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3.
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The
Register may be maintained electronically and the data issued
and signed by the officer in charge of the Register shall be
considered equivalent to official securities.
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Article
6
On
the effective date of this Law, registrations related to government
securities shall be incorporated in the "Register" and shall
be considered a complementary part thereof, and the verification of
the entries shall be subject to the clauses of the Law at the time of
their registration.
Article
7
The
Central Bank shall exchange tangible or electronic data on a daily
basis with the Securities Deposit Center and dealers in Government
securities to ensure the uniformity of the data recorded by all the
entities, and for this purpose, data shall be matched on a monthly
basis.
Article
8
The
entries of dealings in the Government securities shall be considered
evidence of their ownership.
Article
9
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A.
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Taking
into consideration the contents of any other related law, the
Minister shall be authorized by the Council of Ministers to
borrow on behalf of the Government interest in accordance with
the provisions of this law provided that an approval of the
Council of Ministers is obtained on each case of borrowing.
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B.
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Despite
of what is stated in paragraph (A) of this article, the
Minister of Planning may, in coordination with the Minister,
borrow in accordance with the National Planning Council Law
provided that the Council of Ministers approval is acquired
through a joint recommendation from the Ministers of Finance
and Planning.
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C.
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The
various Government agencies shall be committed to provide the
Directorate with all data related to their public debt.
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Article
10
Government
borrowing shall be restricted to the following objectives:
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A.
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To
finance the General Budget Deficit.
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B.
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To
support the balance of payments.
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C.
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To
finance projects of national priority that are included in the
General Budget.
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D.
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To
provide the necessary funds listed in the General Budget or
any temporary law issued to deal with disasters and
emergencies.
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E.
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To
restructure the internal and external debt.
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Article
11
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A.
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Upon
recommendation from The Committee, the Government may borrow
by issuing Government securities including direct borrowing in
a currency other than the Jordanian Dinar.
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B.
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The
Minister shall, upon consultation with the Governor, decide
the annual plan for issuing public debt, and announce it
including the terms of subscription in it. And he may,
in the same way, make amendments to this plan.
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C.
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The
Minister shall, upon consultation with the Governor, determine
the terms for issuing the Government securities.
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Article
12
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A.
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The
total nominal value of any of Government securities issuance
shall be determined within the provisions governing that
issuance.
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B.
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The
maturity period of Government securities shall not
exceed 30 years from the date of its issuance.
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Article
13
The
Governor shall issue directives on the conditions for authorizing
persons to deal in the primaries of Government securities.
Article
14
Sufficient
funds to meet public debt and its obligations shall be earmarked in
the General Budget Law.
Article
15
If
the date of repayments of any public debt amount coincides with an
official holiday of the Government or commercial banks, debt
re-payments shall be made on the next working day.
Article
16
The
Central Bank shall be responsible for public debt issuance and the
Governor shall, in an agreed upon manner, provide the Minister with
monthly reports on the situation of this debt.
Article
17
Government
securities shall be traded in the Amman Stock Exchange and may be
traded elsewhere.
Article
18
The
Government shall not provide financial guarantees for any party except
in exceptional and justified cases for investment related to the
projects of national interest and Government entities provided that
the Council of Ministers, upon recommendations from the Minister,
approves the issuance of such guarantees.
Article
19
The
public debt represents an absolute and unconditional obligation by the
Government and therefore Government securities and Government loans
are considered equivalent in terms of their payments priority.
Article
20
Despite
of the provisions of any other law, the Government domestic borrowing
shall be carried out by issuing Government securities and the
Government shall be prohibited from direct domestic borrowings from
commercial banks or any other institutions.
Article
21
The
outstanding domestic public debt may not, at any time, exceed
(60%) of gross domestic product (GDP) at current prices of the latest
year for which data is available.
Article
22
The
outstanding external public debt may not, at any time, exceed (60%) of
gross domestic product (GDP) at current prices of the latest year for
which data is available.
Article
23
Despite
of any contradictory clause, the total outstanding public debt may
not, at any time, exceed (80%) of (GDP) at current prices of the
latest year with which data is available.
Article 24
The
Provisions of article (22) and Article (23) shall enter into force on
the date approved by the Council of Ministers.
Article 25
Despite
of provisions of any other legislation or any contradictory clause in
this law, the Government debt due to the Central Bank shall not exceed
the outstanding debt on the date this law enters into force.
Article 26
The
Public Debt Law number (1) of 1971 and all its amendments are
abolished.
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