Rule · BCRA · 12 Jul 2000 · A 3132
Financial entities must sign an addendum to authorize fund transfers from Deutsche Bank AG, New York accounts for Minimum Liquidity Requirements settlement via Mercado Abierto Electrónico’s Delivery vs. Payment system. These transfers are restricted to public and private fixed-income securities. Funds in the Interbanking S.A. account do not count toward liquidity integration. Existing prohibitions on offsets and using deposits as collateral remain in force. The document amends the 1995 Custody Agreement and requires the Annex Addendum Number One.
BANCO CENTRAL DE LA REPUBLICA ARGENTINA
__________________________________________________________________ COMUNICACION " A " 3132 I 12/07/00 __________________________________________________________________ TO FINANCIAL ENTITIES:
Ref.: Circular
LISOL 1 - 304.
Communications "A" 2350 and comple- mentary.
Agreements for Custody Services for Integration of Minimum Liquidity Requirements.
We address you to inform you that it has been arranged to authorize entities to issue instructions to effect or receive fund transfers from the accounts registered at Deutsche Bank AG, New York (DBAG), referred to the Minimum Liquidity Requirements, and from the account that Interbanking S.A. maintains open at DBAG, in accordance with the agreement between DBAG and the Central Bank of the Republic Argentina and subject to the signing of an addendum to the current contract, previously executed between each Bank and DBAG, in accordance with the English text, with its corresponding Spanish translation, attached as an annex.
The fund transfers cited in the first paragraph are only authorized for operations whose object is the settlement of transactions of public and private fixed-income securities that are carried out in Mercado Abierto Electrónico S.A. through the Delivery vs. Payment system, which are operated through the Interbanking S.A. account.
It should be noted that the funds deposited in the Interbanking S.A. account will not be considered as integration of minimum liquidity requirements.
With respect to clause 4 of the current contract with DBAG regarding the prohibition of making offsets - "Setoff", we remind you that it remains fully in force for the integrations that entities have deposited in DBAG and especially that in its last paragraph it establishes the prohibition that the depositor may use as guarantee - "collateral" - for itself or for the benefit of third parties of cash deposits or titles constituted in DBAG.
We salute you very attentively.
BANCO CENTRAL DE LA REPUBLICA ARGENTINA
Daniel Merino Alberto R. Karlen
Submanager of External Reserve Administration Manager of Reserve Administration
ANNEX
Addendum Number One to the Custody Agreement
(DATE) , 2000
[Insert Argentine Commercial Bank name here]
"Depositor"
Dear Sirs,
This is to amend the Custody Agreement signed in .............., 1995, between the Depositor and Deutsche Bank A.G. N.Y. Branch.
Translation into Spanish.
Addendum Number One to the Custody Contract
.. of ...... of 2000
[Insert here the name of the Argentine commercial bank] "Depositor" From our consideration:
By means of this, the Custody Contract signed on ....... of ... of 1995 between the Depositor and Deutsche Bank AG, New York, is modified.
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