《亚洲基础设施投资银行协定》全文(双语)(3)

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一、(一)银行可以向任何成员或其机构、单位或行政部门,或在成员的领土上经营的任何实体或企业,以及参与本区域经济发展的国际或区域性机构或实体提供融资。
1. (a) The Bank may provide or facilitate financing to any member, or any agency, instrumentality or political subdivision thereof, or any entity or enterprise operating in the territory of a member, as well as to international or regional agencies or entities concerned with economic development of the region.

(二)在特殊情况下,银行可以向本款第(一)项以外的业务对象提供援助,前提是理事会依照第二十八条规定经超级多数投票通过:1、确认该援助符合银行的宗旨与职能以及银行成员的利益;2、明确可以向业务对象提供的本条第二款规定的融资支持类别。
(b) The Bank may, in special circumstances, provide assistance to a recipient not listed in sub-paragraph (a) above only if the Board of Governors, by a Super Majority vote as provided in Article 28: (i) shall have determined that such assistance is designed to serve the purpose and come within the functions of the Bank and is in the interest of the Bank’s membership; and (ii) shall have specified the types of assistance under paragraph 2 of this Article that may be provided to such recipient.

二、银行可以下列方式开展业务:
2. The Bank may carry out its operations in any of the following ways:

(一)直接贷款、联合融资或参与贷款;
(i) by making, co-financing or participating in direct loans;

(二)参与机构或企业的股权资本投资;
(ii) by investment of funds in the equity capital of an institution or enterprise;

(三)作为直接或间接债务人,全部或部分地为用于经济发展的贷款提供担保;
(iii) by guaranteeing, whether as primary or secondary obligor, in whole or in part, loans for economic development;

(四)根据特别基金的使用协定,配置特别基金的资源;
(iv) by deploying Special Funds resources in accordance with the agreements determining their use;

(五)依照第十五条的规定提供技术援助;
(v) by providing technical assistance in accordance with Article 15; or

(六)理事会依照第二十八条规定经特别多数投票通过决定的其他融资方式。
(vi) through other types of financing as may be determined by the Board of Governors, by a Special Majority vote as provided in Article 28.

第十二条 普通业务的限制条件
Article 12 Limitations on Ordinary Operations

一、银行依照本协定第十一条第二款第(一)、(二)、(三)、和(四)项从事的贷款、股权投资、担保和其他形式融资等普通业务中的未收清款项,任何时候都不得超过普通资本中未动用认缴股本、储备资金和留存收益的总额。但理事会有权依照本协定第二十八条规定,经超级多数投票通过后,根据银行的财务状况随时提高上述对银行普通业务的财务限制,最高可至普通资本中未动用认缴股本、储备资金和留存收益总额的250%。
1. The total amount outstanding of loans, equity investments, guarantees and other types of financing provided by the Bank in its ordinary operations under sub-paragraphs 2 (i), (ii), (iii) and (vi) of Article 11 shall not at any time be increased, if by such increase the total amount of its unimpaired subscribed capital, reserves and retained earnings included in its ordinary resources would be exceeded. Notwithstanding the provisions of the preceding sentence, the Board of Governors may, by a Super Majority vote as provided in Article 28, determine at any time that, based on the Bank’s financial position and financial standing, the limitation under this paragraph may be increased, up to 250% of the Bank’s unimpaired subscribed capital, reserves and retained earnings included in its ordinary resources.

二、银行已拨付股权投资的总额不得超过当期相应的银行未动用实缴股本和普通储备资金总额。
2. The amount of the Bank’s disbursed equity investments shall not at any time exceed an amount corresponding to its total unimpaired paid-in subscribed capital and general reserves.


第十三条 业务原则
Article 13 Operating Principles

银行应依据下列原则开展业务:
The operations of the Bank shall be conducted in accordance with the principles set out below.

(一)银行应按照稳健的银行原则开展业务;
1. The Bank shall be guided by sound banking principles in its operations.

(二)银行业务应主要是特定项目或特定投资规划融资、股权投资以及第十五条规定的技术援助;
2. The operations of the Bank shall provide principally for the financing of specific projects or specific investment programs, for equity investment, and for technical assistance in accordance with Article 15.

(三)银行不得在成员反对的情况下,在该成员境内开展融资业务;
3. The Bank shall not finance any undertaking in the territory of a member if that member objects to such financing.

(四)银行应保证其从事的每项业务均符合银行的业务和财务政策,包括但不仅限于针对环境和社会影响方面的政策;
4. The Bank shall ensure that each of its operations complies with the Bank’s operational and financial policies, including without limitation, policies addressing environmental and social impacts.

(五)银行审议融资申请时,应在综合考虑有关因素的同时,适当关注借款人以银行认为合理的条件从别处获得资金的能力;
5. In considering an application for financing, the Bank shall pay due regard to the ability of the recipient to obtain financing or facilities elsewhere on terms and conditions that the Bank considers reasonable for the recipient, taking into account all pertinent factors.

(六)银行在提供或担保融资时,应适当关注借款人及担保人未来按融资合同规定的条件履行其义务的可能性;
6. In providing or guaranteeing financing, the Bank shall pay due regard to the prospects that the recipient and guarantor, if any, will be in a position to meet their obligations under the financing contract.

(七)银行在提供或担保融资时,应采取银行认为对该项融资和银行风险均适宜的融资条件,包括利率、其他费用和还本安排;
7. In providing or guaranteeing financing, the financial terms, such as rate of interest and other charges and the schedule for repayment of principal shall be such as are, in the opinion of the Bank, appropriate for the financing concerned and the risk to the Bank.

(八)银行不应对普通业务或特别业务中银行融资项目的货物和服务采购进行国别限制;
8. The Bank shall place no restriction upon the procurement of goods and services from any country from the proceeds of any financing undertaken in the ordinary or special operations of the Bank.

(九)银行应采取必要措施保证其提供、担保或参与的融资资金仅用于融资所规定的目标,并应兼顾节约和效率;
9. The Bank shall take the necessary measures to ensure that the proceeds of any financing provided, guaranteed or participated in by the Bank are used only for the purposes for which the financing was granted and with due attention to considerations of economy and efficiency.

(十)银行应尽可能避免不均衡地将过多资金用于某一或某些成员的利益;
10. The Bank shall pay due regard to the desirability of avoiding a disproportionate amount of its resources being used for the benefit of any member.

(十一)银行应设法保持其股权资本投资的多样化。除非出于保护其投资的需要,否则银行在其股权投资项目中,对所投资的实体或企业不应承担任何管理责任,也不应寻求对该实体或企业的控制权。
11. The Bank shall seek to maintain reasonable diversification in its investments in equity capital. In its equity investments, the Bank shall not assume responsibility for managing any entity or enterprise in which it has an investment and shall not seek a controlling interest in the entity or enterprise concerned, except where necessary to safeguard the investment of the Bank.

第十四条 融资条件
Article 14 Terms and Conditions for Financing

一、银行在发放、参与或担保贷款时,应依照本协定第十三条规定的业务原则及本协定其他条款的规定,订立合同明确该贷款或担保的条件。在制定上述条件时,银行应充分考虑保障银行收益和财务状况的需要。
1. In the case of loans made or participated in or loans guaranteed by the Bank, the contract shall establish, in conformity with the operating principles set forth in Article 13 and subject to the other provisions of this Agreement, the terms and conditions for the loan or the guarantee concerned. In setting such terms and conditions, the Bank shall take fully into account the need to safeguard its income and financial position.

二、当贷款或担保对象本身并非银行成员时,如银行认为可行,可以要求该项目执行所在地的成员,或者银行接受的该成员某个政府机构或其他机构,为贷款本金、利息和其他费用的按期如约偿还提供担保。
2. Where the recipient of loans or guarantees of loans is not itself a member, the Bank may, when it deems it advisable, require that the member in whose territory the project concerned is to be carried out, or a public agency or any instrumentality of that member acceptable to the Bank, guarantee the repayment of the principal and the payment of interest and other charges on the loan in accordance with the terms thereof.

三、任何股权投资的金额不得超过董事会通过的政策文件所允许的对该实体或企业进行股权投资的比例。
3. The amount of any equity investment shall not exceed such percentage of the equity capital of the entity or enterprise concerned as permitted under policies approved by the Board of Directors.

四、按照有关货币风险最小化的政策规定,银行可以使用一国的本币为银行在该国的业务提供融资。
4. The Bank may provide financing in its operations in the currency of the country concerned, in accordance with policies that minimize currency risk.

第十五条 技术援助
Article 15 Technical Assistance

一、在符合银行宗旨和职能的情况下,银行可提供技术咨询、援助及其他类似形式的援助。
1. The Bank may provide technical advice and assistance and other similar forms of assistance which serve its purpose and come within its functions.

二、如遇提供上述服务的费用无法补偿时,银行可从其收益中支出。
2. Where expenditures incurred in furnishing such services are not reimbursable, the Bank shall charge such expenditures to the income of the Bank.


第四章 银行资金
CHAPTER IV FINANCES OF THE BANK

第十六条 一般权力
Article 16 General Powers

除本协定其他条款中明确规定的权力外,银行还应有以下权力。
In addition to the powers specified elsewhere in this Agreement, the Bank shall have the powers set out below.

(一)银行可以根据相关法律规定在成员国或其他地方通过举债或其他方式筹集资金。
1. The Bank may raise funds, through borrowing or other means, in member countries or elsewhere, in accordance with the relevant legal provisions.

(二)银行可以对其发行或担保或投资的证券进行买卖。
2. The Bank may buy and sell securities the Bank has issued or guaranteed or in which it has invested.

(三)为推动证券销售,银行可为其投资的证券提供担保。
3. The Bank may guarantee securities in which it has invested in order to facilitate their sale.

(四)银行可以承销或参与承销任何实体或企业发行的、目的与银行宗旨一致的证券。
4. The Bank may underwrite, or participate in the underwriting of, securities issued by any entity or enterprise for purposes consistent with the purpose of the Bank.

(五)银行可以将其业务经营未使用资金进行投资或存储。
5. The Bank may invest or deposit funds not needed in its operations.

(六)银行应确保在银行发行或担保的每份证券的外观上标有显著字样,声明该证券并非任何政府的债务;如该证券确实是某个特定政府的债务,则应做如实表述。
6. The Bank shall ensure that every security issued or guaranteed by the Bank shall bear on its face a conspicuous statement to the effect that it is not an obligation of any Government, unless it is in fact the obligation of a particular Government, in which case it shall so state.

(七)根据理事会通过的信托基金框架,在信托基金的目标与银行宗旨和职能一致的前提下,银行可接受其他相关方的委托,成立并管理该信托基金。
7. The Bank may establish and administer funds held in trust for other parties, provided such trust funds are designed to serve the purpose and come within the functions of the Bank, under a trust fund framework which shall have been approved by the Board of Governors.