News Brief: IMF Gives Final Approval of Second Review of Lao P.D.R.'s PRGF Loan

Lao People's Democratic Republic and the IMF

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Lao People's Democratic Republic
Letter of Intent, Memorandum on Economic and Financial Policies, and Technical Memorandum on Program Monitoring


Vientiane, July 8, 2002

The following item is a Letter of Intent of the government of Lao P.D.R., which describes the policies that Lao P.D.R. intends to implement in the context of its request for financial support from the IMF. The document, which is the property of Lao P.D.R., is being made available on the IMF website by agreement with the member as a service to users of the IMF website.

Use the free Adobe Acrobat Reader to view the Tables (541 kb PDF file)

Mr. Horst Köhler
Managing Director
International Monetary Fund
Washington, D.C. 20431

Dear Mr. Köhler,

On April 25, 2001, the Executive Board of the International Monetary Fund (IMF) approved a three-year arrangement for the Lao People's Democratic Republic (Lao P.D.R.) under the Poverty Reduction and Growth Facility (PRGF). The purpose of this letter is to inform you on the progress achieved in implementing the economic program to date, and to request the third disbursement following the completion of the second review under the arrangement and the approval of the second annual program.

The attached Memorandum on Economic and Financial Policies (MEFP) supplements the MEFP of February 7, 2002, and sets out the government's objectives and policies to be implemented in the year through March 2003 to build on the progress achieved, and help increase economic growth and further reduce poverty .On the basis of the satisfactory performance under the PRGF-supported program in 2001 and in the first quarter of 2002, we request the completion of the second review under the arrangement, waivers for the nonobservance of one quantitative performance criteria for end-March and one structural performance criterion for end-April.

The government believes that the policies and measures set forth in the MEFP are adequate to achieve the objectives of the reform program supported by the PRGF arrangement, but will take further measures if deemed necessary. During the remaining period of the arrangement, the Lao P.D.R. will continue to consult with the Managing Director on the adoption of measures that may be appropriate, at the initiative of the government or whenever the Managing Director requests such a consultation. The government will continue to provide the IMF with such information as it requires to assess the Lao P.D.R.'s progress in implementing the economic and fInancial policies under the program.

The government agrees to make these understandings public and authorizes the IMF to publish this letter, the attached memorandum, the PRSP Preparation Status Report, and the related Joint Staff Assessment, including through the IMP's external website. A decision on the publication of the staff report will be made by the time of the Executive Board meeting.

We can assure you that the government of the Lao P.D.R. is determined to fully implement the program, and we hope we can count on the continued support of the IMF in our endeavours.

Sincerely yours,

/s/
Soukanh Mahalath
Minister of Finance
Ministry of Finance
    /s/
Chansy Phosikham
Governor
Bank of the Lao P.D.R.

 

Memorandum on Economic and Financial Policies of the Government of The Lao People's Democratic Republic

July 8, 2002

I. Introduction

1. The reform program of the Government of the Lao People's Democratic Republic aims at sustaining economic growth and reducing poverty. Our reform effort is being supported by a three-year arrangement under the Poverty Reduction and Growth Facility (PRGF). This memorandum reviews the implementation of the PRGF-supported program to mid-2002, lays out the economic and financial policies for the remainder of the second-year program through March 2003, and updates the macroeconomic framework for 2002–2004.

II. Performance under the Program

2. Economic developments in 2001 and the first quarter of 2002 have generally been favorable. The Fund staff estimates that real GDP growth weakened only to 5.2 percent in 2001, reflecting renewed business confidence and continued aid flows, generally offsetting weaker regional conditions. Preliminary evidence suggests buoyant economic activity in the first quarter of 2002, with stronger external demand, a pick up in construction activity, and renewed domestic and foreign investment. Inflation on a year-on-year basis has been contained at 6.7 percent, largely owing to the timely implementation of stabilization policies that addressed the inflationary impact of fiscal slippages in 2000/01. Since September 2001, the exchange rate has remained broadly stable against the U.S. dollar. The ongoing reforms of the investment framework, including the streamlining of the approval procedures for foreign investment, have attracted new investment, especially in telecommunications, manufacturing, mining, and aviation.

3. While net credit to the government was under the March 2002 ceiling, revenue performance remains weak and the budget situation fragile. Revenue (excluding grants) for the first half of 2001/021 was only 37 percent of the annual program target, compared to 42 percent last year, largely owing to weaker than expected profit and turnover taxes, timber and hydro-power royalties, and dividends. Current expenditures are broadly in line with seasonal patterns, and the end-March 2002 bank financing ceiling was met by containing domestically financed capital spending to only 27 percent of the program target.

4. Monetary developments through end-March 2002 were generally consistent with the program. The ceiling on the net domestic assets (NDA) of the Bank of the Lao P.D.R. (BOL) was observed, reflecting improved control on budget financing and the sharp reduction in the BOL credit to banks. After being restrained in 2001, the net domestic assets of state-owned commercial bank (SCB) grew substantially- in late 2001 and early 2002, because of an expansion in other items net related to irregular lending, while formal credit grew moderately. As a result, the ceiling on NDA of SCBs for March was not met. Stronger export growth and restrained monetary policy enabled gross international reserves to reach 2½ months of imports of goods and services ($ 141 million), enabling the target for net international reserves to be met.

5. On the structural front, the Government is starting to reform the SCBs. Based on the signed Memoranda of Understandings on Restructuring (MoURs), key financial targets and benchmarks for the SCB's business plans have been elaborated. The structural performance criterion for the banking supervision measures to implement provisioning on new lending was complied with on May 27 after a delay, and the required restating of the SCB's 2001 accounts will be achieved as a prior action for the second review.

6. The program is broadly on track and all quantitative performance criteria for March 2002 were met, except for the NDA of the SCBs (Table 1). The structural conditionality was generally achieved (Table 2) except for the structural performance criterion on bank provisioning (which was implemented with a delay) and the structural benchmark for the development of the public expenditure management reform plan, which has been postponed for the third review (see paragraph 12).

III. Macroeconomic Framework and Policies

7. The Government aims at achieving its target of graduating from least developed country status by 2020 through broad-based reform policies. Under the PRGF-supported program, we will continue to pursue sound macroeconomic policies and give highest priority to strengthening financial management of the public sector, liquidating or privatizing poorly performing SOEs, while promoting private sector development and regional integration. In particular, we will continue to improve the policy environment to increase private foreign and domestic investment, raise productivity in agriculture, and develop further the infrastructure and transport links, especially with neighboring countries. These factors and the Nam Theun 2 (NT2) hydroelectric project are expected to contribute to achieving a real GDP growth rate of 6½ percent in 2004, while keeping inflation at or below 5 percent.

8. The external current account deficit (including official transfers and excluding NT2) is projected to be contained to 2¼ percent of GDP by 2004, and would be covered through prospective bilateral and multilateral support. As a result, we expect to achieve a gross international reserve target of 3½ months of imports of goods and services by 2004.

9. Within this framework, the macroeconomic outlook for 2002 is expected to reflect a pickup in regional activity and investment. Accordingly, real GDP growth in 2002 is projected to increase slightly to about 5½ percent. CPI inflation is expected to decline to 6 percent by end-2002. The current account deficit (including official transfers) is expected to be about 3¼ percent of GDP, due to stronger net exports. Gross official international reserves are expected to reach 2¾ months of imports of goods and services.

Fiscal policy

10. The Government will ensure that the projected 2001/02 budget deficit of 4¾ percent of GDP (IMF definition, including grants) is not exceeded. To this end, we will take further corrective actions aimed at strengthening revenue collection during the second half of the fiscal year. Accordingly, the Government will: (i) improve revenue collection for indirect taxes, especially by focusing on turnover taxes from large taxpayers in the Large Taxpayers Unit (LTU) and the Vientiane Municipal Office; and (ii) step up efforts to improve the effectiveness of royalty collection, especially from forestry, hydroelectricity, and overflight fees. Notwithstanding these measures, revenue in 2001/02 is likely to fall short of the program target by about 0.6 percent of GDP, owing to lower than programmed profit taxes, timber royalties, and dividends.2 Despite this revenue shortfall, we believe that there will be sufficient revenue to safeguard current spending on social sectors and maintenance, while reducing materials and supplies and other recurrent expenditures by 0.1 percent of GDP. However, the revenue shortfalls will also have to be offset through reductions in domestically-financed capital expenditure by about 0.5 percent of GDP, compared to the program target.

11. For the 2002/03 budget, revenue projections will be set on the basis of the most likely outcome of revenue collections. In the past, systematic shortfalls in revenue have resulted in budgetary overruns with unfunded spending leading to arrears and nonperforming loans in the banks. In addition, we will make revenue administration more efficient and better structured around large taxpayers. In particular, we will: (i) reinforce the central tax department; (ii) reorganize the tax and customs departments on a functional basis; and (iii) integrate an additional large provincial customs office into the national administration. Notwithstanding these efforts, we recognize the need to raise additional revenue from tax policy adjustments and to substantially curtail ad hoc exemptions and rate reductions to maintain future budget outcomes on a sustainable path. Preparations for the introduction of a VAT have begun and will be accelerated in 2002/03, including through continued improvements in administrative systems.

12. The Government is committed to public expenditure management reform. We have requested technical assistance from the IMF to help elaborate a more a detailed reform agenda and implementation timetable, including for strengthening the treasury and budget management systems, linking them to accounting, and building capacity. In addition, we will begin to implement a pilot program to compile education and health expenditures by classifying administrative units covering a significant number of districts, which will be extended in subsequent budgets. Both the detailed reform agenda and the extension of the expenditure classification are structural benchmarks for November 2002.

Monetary and exchange rate policy

13. Monetary policy will continue to be supportive of the Government's objective of reducing inflation. We will achieve that goal through strict control over the net domestic assets of the BOL (NDABOL). Accordingly, BOL financing of the budget over the current fiscal year will continue to be avoided and BOL credit to banks will be reduced further so that overall NDA of the BOL at end September 2002 will be at the same level as at end September 2001. As a result of the anticipated improvement in the external environment, the target for net official international reserves (NIR) has been revised upward for September 2002 to $102 million, corresponding to gross official international reserves of 2½ months of imports, and implying an 11 percent increase in reserve money. Under the policies since end-March 2002, to limit the growth of NPLs, the SCBs are now required to cease increasing their credit and other risk taking activities, given that their NPLs on post 2000 credit are over 15 percent. We will strengthen compliance with this measure, especially by extending BOL control over these risk operations. Accordingly, the NDA of SCBs will stay steady at KN 1,537 billion through September 2002.

14. The Government will continue to pursue a flexible exchange rate policy. Accordingly, the banks' exchange rate will be determined on a daily basis to limit the spread with the parallel market rate to under 2 percent. Macroeconomic policies will be adjusted to offset any sustained weakness in the kip, especially with respect to the currencies of neighboring countries.

IV. Key Structural Reforms

Banking reform

15. The Government has initiated the reform of the SCBs, with support from the World Bank's proposed FMAC, and the AsDB's proposed Financial Sector Program Loan III (FSPL3). The initial phase is to stem the losses of the SCBs, and we will continue to monitor the loan classification and provisioning on the post-2000 loans and require that they be reflected in the SCBs' financial statements. In addition, we will strictly implement the requirement to stop the growth of risk portfolios while their NPL ratios on their post-2000 loans are over 15 percent. It is expected that the clearance of government budget arrears, and the target of NPL resolution of KN 100 billion by March 2003, should substantially reduce the NPL ratios to about 15 percent at least for BCEL and the New Bank.

16. The preparation of the individual SCBs' draft Restructuring and Business Plans (RBPs), including performance targets has been completed. These targets include ceilings on NPLs on loans approved after the start of 2000, recoveries of NPLs, foreign exchange exposures, and capital adequacy ratios (CARs), which, together with qualitative benchmarks, (shown in Appendix I) will serve as a basis for broad-based restructuring operations over the next four years. In addition, agreement on the FSPL3 will trigger the financing for the external bank advisors, which are to be in place by end 2002. The advisors will provide advice on internal bank practices and review all proposed large credit decisions. Satisfactory performance in achieving the operational targets at end 2003, and beyond, will be an important factor in assessing whether or not to strengthen the management role of these advisors.

17. As a result of the recent problems in Lao May Bank, the cost of bank restructuring, originally estimated at $50 million for the cost of addressing the pre-2000 NPLs, has increased by $14 million. To address the problems in Lao May Bank, the worst performing state bank, as a prior action, the Government is developing a plan for upfront restructuring (see Appendix I). This plan basically comprises the centralization of credit decisions at headquarters and limits on new risk activities, including credit and contingent liabilities. We are conscious of the threat of asset stripping in all three SCBs during this phase of bank restructuring and will take strong steps to prevent this, including frequent onsite inspections to check on the quality of the assets, the implementation of which would be a structural performance criterion for November 2002. Should the SCBs' balance sheet and performance deteriorate further in the coming months, the pace of bank restructuring would be increased.

18. Strengthening banking supervision capacity is crucial for developing a sound banking system. The phased implementation of banking supervision will continue, now with the assistance of an advisor from MAE, including through compliance with BOL regulations on loan classifications, provisioning on new loans, loan concentration, and foreign exchange exposure. To promote competition and improve banking services, the Government is considering permitting foreign banks to operate outside Vientiane in 2003. Under this plan the minimum capital requirement for such banks would be gradually raised to $10 million.

Enterprise reform

19. The restructuring and strengthening of the SCBs is being closely coordinated with the reform of key large SOEs, under the umbrella of the World Bank's FMAC. The SOE component provides for: (i) restructuring of the largest SOE debtors to support the recovery of NPLs by banks (Pharmaceutical Factory No.3; Phoudoi and DAFI conglomerates, including sales of noncore assets; and Lao Aviation, under a management contract with Air France); (ii) enhancing oversight and accountability of SOEs; and (iii) strengthening the finances of key utilities through further tariff increases which have now begun and will continue to achieve cost recovery in 2003 for Nam Papa and Lao Aviation, and slightly later for EDL.

Trade and exchange system reform

20. We are committed to reforming the trade system to assist in the development of the economy. Since October 11, 2001, import and export procedures have been further simplified. Within indicative annual import plans proposed by importers at the start of the year, all goods can be freely imported by making declarations at the customs point, except for six product groups subject to quantitative restrictions (fuel, vehicles, cement, steel bars, sugar, and fertilizer), and those restricted for health and security reasons. Looking ahead, we will remove sugar and fertilizer from the list of controlled goods by end 2002. In addition to the requirements related to our accession to the World Trade Organization (WTO), we will continue to liberalize our trade regime through our commitments under the ASEAN Free Trade Agreement (AFTA).

21. The new Foreign Exchange Decree Law is expected to be passed shortly by the National Assembly. We recognize the advantages to the private sector of an efficient foreign exchange system, and are aiming to have the Decree Law and the implementing regulations maintain our exchange system free of restrictions on current international payments and transfers. To pave the way for accepting the obligations under Article VIII, we will request technical assistance from the IMF to review our exchange system.

External debt management

22. In view of the Lao P.D.R.'s limited debt-servicing capacity, we will maintain a prudent debt management policy. Accordingly, the contracting or guaranteeing of external public sector debt on nonconcessional terms will be sharply limited. Consistent with this policy, we are in the process of negotiating improved concessionality of the borrowing from Exim Bank of China for E.D.L.'s Nam Mang 3 hydroelectric project, and attempting to reduce the project costs and improve environmental and social safeguards. Given that this process is not expected to be completed until after end September 2002, we will examine the consistency of the outcome with the debt policy in the third review of the PRGF arrangement. In addition, we will continue to strengthen the debt management capability of the Ministry of Finance to monitor more closely the contracting or guaranteeing of all public sector external debt. In a renewed attempt to resolve our outstanding debt with the Russian Federation, we have invited a Russian delegation to visit Vientiane in the near future.

Safeguards assessment

23. In addition to reconciling net official international reserves we have begun to address the weaknesses in internal audit and controls systems of the BOL identified in the Stage One Safeguards Assessment Report prepared by the IMF's Treasurers Department (TRE). In April, a high-level review was undertaken as required, based on a report by an expert from the German Bundesbank. The report, which assessed existing controls and recommended specific improvements over the next few months, was forwarded to TRE in June. In the meantime, with the assistance of an international accounting firm, the National Audit Office has begun the audit of the BOL's 2001 accounts in accordance with international auditing standards and will prepare pro-forma statements in accordance with international accounting standards. The results will be available by end-August (structural benchmark) and published by end-September.

Poverty reduction strategy

24. Preparations of the PRSP are advancing, as described in the PRSP Preparation Status Report. To foster the participatory process, the Government held a workshop on the PRSP process in April 2002, which included government officials from line ministries and members of mass organizations. The outcome of these discussions will help in the preparation of the Government's National Poverty Eradication Plan (NPEP), which will be fully consistent with the requirements of the PRSP. However, significant technical and resource constraints prevent us from completing the PRSP by end August 2002 and we are now aiming to finalize our NPEP by early 2003.

Transparency and statistics

25. The Government will reinforce policies aimed at widening transparency by stepping up efforts to upgrade the quality of economic and social statistics and broadening their dissemination. In line with past commitments, we intend to consent to the publication and the posting of all IMF Board documents pertaining to the second PRGF review and the PRSP Preparation Status Report on the IMF's website. A key priority is to compile budget data in accordance with GFS standards and to release comprehensive budget data in a timely manner and an informative format, including for lower levels of government. The Government will review prospects for participating in the IMF's General Data Dissemination System (GDDS) as a means of enhancing statistical development, based on the recommendations of the IMF's Statistics Department multitopic mission scheduled for October 2002.

V. Program Monitoring

26. The Government will achieve the quantitative performance criteria and benchmarks for the period to March 2003 as shown in Table 1. Prior actions for the second PRGF review, and structural performance criteria and benchmarks for the same period are described in Table 3. In view of the inclusion of SOE tariff adjustments in the FMAC, the corresponding performance criterion in the PRGF arrangement for October 2002 will be removed. The third review under the PRGF arrangement is expected to be completed by January 2003. It will focus primarily on: (i) the 2001/02 budget implementation and the 2002/03 budget outlook and the implementation of appropriate revenue measures; (ii) the implementation of key measures consistent with the overall plan to improve public expenditure management; (iii) progress in reducing the stock of budget arrears and the avoidance of new arrears, (iv) progress in implementing SCB and SOE reforms, including the issue of foreign banks operating outside Vientiane in 2003, and (v) the nonconcessional external borrowing for the Nam Mang 3 project.

Attachments

Table 1. Quantitative Performance Criteria and Benchmarks, 2001–03

Table 2. Structural Policy Actions For the Second Review of the PRGF-Supported Program

Table 3. Key Structural Policy Actions Under the Second-Year PRGF-Supported Program

Appendix I. Key Elements of the Bank Restructuring and Business Plans

Appendix II. Technical Memorandum on Program Monitoring


1The fiscal year runs October–September.
2The revenue to GDP ratio is also lower than the program by 0.2 percent because of the recent revisions to nominal GDP.

APPENDIX I

Lao P.D.R.: Key Elements of the Bank Restructuring and Business Plans

The banking sector is mainly comprised of the SCBs which are deeply insolvent. In the recent past, the SCBs have experienced rising NPLs and foreign exchange exposures accompanied by falling profitability and capital asset ratios. Onsite inspections on SCB's classification and provisioning revealed NPLs on new lending (since January 1, 2000) at end 2001 of 20–25 percent for Banque pour le Commerce Exterieur du Laos (BCEL) and Lang Xang Bank (LXB), and 70 percent for Lao May Bank (LMB), compared to the notional limit of 15 percent. Preliminary investigation suggests that this weak performance reflects: inadequate credit analysis and monitoring, inappropriate rollovers of pre-2000 loans, and continued lags in the payment of government arrears to contractors.

In order to address these problems Memoranda of Understanding for Restructuring (MOURs) were signed by the three SCBs and the Bank of Lao PDR in late March 2002.

To operationalize these MOURs, the draft restructuring and business plans (RBPs) have recently been prepared with technical assistance from the AsDB which outline medium term plans for improving performance. The main elements are as follows:

  • Given LMB's deep-seated problems, the Government will consolidate the LXB and LMB into a New Bank. This will be achieved by "cherry picking" the assets and liabilities of LXB and consolidating the known assets and liabilities of LMB. The New Bank would "cherry pick" the fixed assets; and hire/rehire new management and staff on a selective basis, with the social safety net applying to the staff of the old banking entities. The staff and branches of the New Bank would be rationalized to broadly in line with the best practice organizational model.

  • The restructuring plans for BCEL and the New Bank involve a 7-point program covering separate but interrelated plans (sub plans): Operational Plan; Organizational Plan; Branch Rationalization Plan; Human Resource Plan; Fixed Asset Plan (Asset Rationalization); Technology Plan (IT/MIS); and Financial and Capital Build-up Plan. The plans consist of three phases: Phase I: October 1, 2002–June 30, 2003; Phase II: July 1, 2003–December 31, 2003; and Phase III: January 1, 2004–December 31, 2006.

Major near-term milestones for both BCEL and the New Bank are:

  • By Q4, 2002: (i) place qualified foreign advisors; (ii) initiate first recapitalization; and (iii) complete 2001 IAS audit.

  • By Q1, 2003: (i) appoint Board, officers, and staff; (ii) have social safety net in place; (iii) adjust/fine tune performance grading system; and (iv) complete fixed assets inventory.

  • By Q2, 2003: (i) adopt legal remedies to recover NPLs; (ii) implement performance grading system; (iii) begin implementing the social safety net; and (iv) revise and agree on the RBPs for 2003–05, including revised qualitative and quantitative indicators for 2003 based on 2002 audits and a revised performance grading system for performance evaluation; (v) adopt/implement governance policies and procedures; (vi) start implementation of information technology (IT) program, including IT/MIS needs analysis; (vii) implement communications program for NPL resolution; (viii) complete 2002 IAS audits; (ix) prepare financial statements as per IAS 30; and (x) sign lease agreements for fixed assets.

  • By Q4, 2003: (i) substantial implementation of the above sub plans; (ii) firmly establish IT program; and (iii) revise and update the branch rationalization plans.

The banks will be subject to half-yearly performance monitoring. In the first year, this would comprise quantitative benchmarks for flow NPLs and foreign exchange exposure (indicative values are in the attached tables which will be refined later in 2002) and the implementation of operational measures.

Appendix Table I.1: BCEL Projected Quantitative Performance Indicators
(In percent; unless otherwise indicated)

      2002 2003 2004

Capital adequacy
Capital Adequacy Ratio
Before extraordinary items -0.1 1.1 3.7
After extraordinary items -8.5 -8.5 -5.7
Aseet quality
Old stock NPLs 96.3 96.3 96.3
New Flow NPLs 15.0 11.8 10.8
Recovery of NPLs (KN billion)
Old Stock NPLs 0 0 0
New Flows (Up to Dec 31, 2001) 56.5 10.2 0
Earnings
Return on average assets
Before extraordinary items 0.2 0.9 1.7
After extraordinary items -6.8 -4.8 -2.5
Sensitivity
Forex exposure (US$ million) 70.0 68.0 65.0
Proportion of FX lending in total No increase 85.7 83.8

N.B. Extraordinary items refer to phased provisions on Old Stock NPLs and foreign exchange losses on the "stock foreign exchange exposure."

Appendix Table I.2: New Bank Projected Quantitative Performance Indicators
(In percent; unless otherwise indicated)

      2002 2003 2004

Capital adequacy
Capital Adequacy Ratio
Before extraordinary items -6.1 8.3 8.2
After extraordinary items -8.8 3.7 3.9
Aseet quality
Old stock NPLs 100.0 90.5 84.5
New Flow NPLs 9.6 7.8 7.4
Recovery of NPLs (KN billion)
Old Stock NPLs
LMB 0 8.2 0
LXB 0 2.3 1.5
New Flows (Up to Dec 31, 2001)
LMB 27.8 68.6 9.9
LXB 15.7 6.8 0
Earnings
Return on average assets
Before extraordinary items 0.8 4.6 0.3
After extraordinary items -0.1 3.9 -0.3
Sensitivity
Forex exposure (US$ million) 16 16 14
Proportion of FX lending in total No increase 45.6 42.9

N.B. Extraordinary items refer to phased provisions on Old Stock NPLs and foreign exchange losses on the "stock foreign exchange exposure."

APPENDIX II

Government of the Lao People's Democratic Republic
Memorandum on Economic and Financial Policies
Technical Memorandum on Program Monitoring

1. This Technical Memorandum on Program Monitoring (TMPM) defines the concepts used to determine observance of the quantitative and structural performance criteria and benchmarks specified in the Memorandum on Economic and Financial Policies for 2002 (MEFP) of the Government of the Lao People's Democratic Republic (Lao P.D.R.) under the Poverty Reduction and Growth Facility (PRGF) arrangement (Sections I and II), and details the requirements for program monitoring and reporting (Section III).

I. Quantitative Performance Targets1

A. Definitions2

Item 1: Net domestic assets of the Bank of Lao (NDABOL)

2. Defined as reserve money (RM) minus net foreign assets of the BOL (NFABOL).

  • Reserve money is defined as the sum of notes and coins issued by the BOL, excluding BOL holdings of currency, and deposits of commercial banks and the domestic nongovernmental sectors at the BOL. Reserve money excludes all BOL securities.

  • Net foreign assets of the BOL (NFABOL) are defined as the gross foreign assets of the BOL (GFABOL) less gross official foreign liabilities of the BOL (GOFLBOL). GFABOL include holdings of SDRs by the BOL, the Lao P.D.R.'s reserve position in the Fund, all foreign exchange holdings and foreign assets of the monetary authorities, including official holdings of monetary gold. Foreign exchange holdings of the monetary authorities include claims of the BOL and the Ministry of Finance (MOF) on nonresidents in the form of bank deposits and all foreign government securities, regardless of maturity. Foreign exchange assets of commercial banks held as collateral against BOL credits are not included as gross foreign assets of the BOL. From September 2001 the yen proceeds from the Japanese commodity grants are excluded from gross foreign assets of the BOL and included in other items (net). GOFLBOL comprise foreign liabilities of the BOL with original maturity up to, and including, one year, and the use of Fund resources.

Item 2: Net credit to government from the banking system (NCG)

3. Defined as claims on the general government by the banking system less deposits of the general government with the banking system. Claims include bank loans and advances to the general government, as well as bank holdings of all government bonds and treasury bills, regardless of maturity, but exclude government lending funds as defined below.

  • Deposits of the general government with the banking system exclude the yen proceeds from the disbursements of the Japanese commodity grants from September 2001.

  • Government lending funds (GLF) of the BOL are defined as the sum of the kip value of long-term foreign liabilities of the BOL (i.e., with original maturities exceeding one year, except liabilities to the IMF) denominated in foreign currencies.

Item 3: Net domestic assets of the state commercial banks (NDASCB)

4. These state commercial banks include Banque pour le Commerce Extérieur Lao (BCEL), Lane Xang Bank (LXB), and Lao May Bank (LMB).3 NDASCB is defined as the sum of deposit liabilities less net foreign assets, net credit to government, and net claims on the BOL.

Item 4: Net official international reserves (NIRBOL)

5. NIRBOL is defined as "freely available" GFABOL minus GOFLBOL minus the foreign currency component of banks' required reserves at the BOL. Freely available reserves are defined in the IMF's Data Template on International Reserves and Foreign Currency Liquidity: Operational Guidelines and comprise of liquid or marketable foreign exchange assets readily available to the BOL (and exclude illiquid foreign assets especially those in nonconvertible currencies). Starting December 2000, the yen proceeds from the disbursements of the Japanese commodity grants are not included in NIRBOL.

Item 5: Publicly contracted or guaranteed nonconcessional external debt

6. Ceilings on external debt are calculated as commitments from the start of the program year (end September 2001). They exclude concessional credits, use of Fund resources, normal trade-related credits, and any borrowing associated with debt rescheduling. During the program period, neither the government, the BOL, nor any other agency acting on behalf of the government will contract or guarantee short-term external loans.

  • This performance criterion applies not only to debt as defined below, but also to commitments contracted or guaranteed for which value has not been received. For the purpose of this memorandum, the term "debt", as specified in point No.9 of the Guidelines on Performance Criteria with Respect to Foreign Debt (Decision No. 12274-(00/85), August 24, 2000) will be understood to mean a current, i.e., not contingent, liability, created under a contractual arrangement through the provision of value in the form of assets (including currency) or services, and which requires the obligor to make one or more payments in the form of assets (including currency) or services at some future point(s) in time; these payments will discharge the principal and/or interest liabilities incurred under the contract. Debt can take a number of forms, the primary ones being as follows:
  • (i) loans, i.e., advances of money to obligor by the lender made on the basis of an undertaking that the obligor will repay the funds in the future (including deposits, bonds, debentures, commercial loans, and buyers' credits) and temporary exchanges of assets that are equivalent to fully collateralized loans under which the obligor is required to repay the funds, and usually pay interest, by repurchasing the collateral from the buyer in the future (such as repurchase agreements and official swap arrangements);

    (ii) suppliers' credits, i.e., contracts where the supplier permits the obligor to defer payments until some time after the date on which the goods are delivered or services are provided; and

    (iii) leases, i.e., arrangements under which property is provided which the lessee has the right to use for one or more specified period(s) of time that are usually shorter than the total expected service life of the property, while the lessor retains the title to the property. For the purpose of this memorandum, the debt is the present value (at the inception of the lease) of all lease payments expected to be made during the period of the agreement excluding those payments that cover the operation, repair, or maintenance of the property.

    Under the definition of debt set out above, arrears, penalties, and judicially awarded damages arising from the failure to make payment under a contractual obligation that constitutes debt are debt. Failure to make payment on an obligation that is not considered debt under this definition (e.g., payment on delivery) will not give rise to debt.

  • Short-term external debt includes all short-term external debt obligations having an original maturity of up to one year, but excludes short-term trade credits.

  • The public sector is defined to include the Government of the Lao P.D.R., the Bank of the Lao P.D.R., state-owned enterprises, or any other agency acting on behalf of the government.

  • Nonconcessional external debt is defined as debt having a grant element of less than 35 percent. The grant element of a debt is determined by comparing the net present value (NPV) of the financing costs and principal repayments with the nominal value of the debt. The NPV of financing costs and principal repayments will be calculated with a discount rate based on the OECD CIRRs (as of February 15, 2002) for the currency of a debt, plus a margin. For debts with a repayment period of less than 15 years, the discount rate will be equal to the CIRR rate of the previous six months plus a margin of ¾ percent. For debts with maturities of 15 years or more, the discount rate will be equal to the average of the CIRRs for the previous ten years plus a margin that varies according to the maturity of the debt. The margins are 1 percent for debts of 15 to 19 years; 1.15 percent for debts of 20 to 29; and 1¼ percent for debts of 30 years or more.

Item 6: External payments arrears

7. Defined as the stock of external arrears on debt contracted or guaranteed by the government or the BOL, except on debt subject to rescheduling or debt forgiveness. For purposes of the program, external payments will be considered as arrears if they are not paid within 30 days of the date they are due. During the period of the program, neither the government nor the BOL will accumulate new external payments arrears. Overdue debt and debt-service obligations arising in respect of commercial obligations incurred directly, or guaranteed by, the government or the BOL, that are in dispute, will not be considered as external payment arrears for the purposes of program monitoring. As of December 31, 2001, there were no external payments arrears.

B. Test Dates

8. Quarterly quantitative targets have been established for items 1 to 5. The quantitative target on item 6 will be applicable on a continuous basis.

9. Quantitative targets for the test dates of end-September 2002 and end-March 2003 are performance criteria, and the disbursement associated with observance of end-September performance criteria will also be contingent on the completion of the third review.

C. Program Monitoring Exchange Rates

10. In assessing observance of the program targets, the level of foreign currency assets and liabilities, excluding those denominated in SDRs, will be first converted into U.S. dollars at the test date midpoint market exchange rate. Only assets and liabilities identified as being in foreign currencies in the September 2001 balance sheets of the BOL and commercial banks would be subject to valuation adjustments.

11. For performance criteria and targets specified in kip, the U.S. dollar value of foreign currency assets and liabilities will be converted into kip at the midpoint program exchange rate of KN 9,500 = US$1. SDR assets and liabilities will be valued at a fixed midpoint program exchange rate of SDR1 = US$1.289. Non-U.S. dollar and non-SDR foreign assets and liabilities will be converted first into U.S. dollars using midpoint market exchange rates prevailing at end-period.

D. Program Adjusters

12. The program (i) floor for NIRBOL will be increased (decreased); and (ii) ceilings for NDABOL and NCG will be decreased (increased), by the amount of the excess (shortfall) in external nonproject budgetary support from the programmed amounts specified in Table 1 of the MEFP and the shortfall (excess) of external debt-service payments from programmed amounts.

13. The program ceilings for NCG (and NDASCB) will be adjusted upwards (downwards) for the issue of government securities for bank recapitalization in accordance with the agreed bank restructuring program.

14. To the extent that EDL transfers funds to the government from the Theun-Hinboun Power Company refinancing, the following adjuster would apply. The program ceiling for NCG (and NDABOL) would be revised down and the floor for NIRBOL revised up, for the amount of transfers from EDL on account of the refinancing.

II. Structural Performance Criteria and Benchmarks

15. In the structural benchmark on the public sector, the central tax and customs departments on a functional basis could comprise divisions on revenue, accounting, audit, collection enforcement, taxpayer services, legislative affairs and appeals, information technology, and general administration.4

16. In the structural benchmark on the public sector, the type of administrative units in the education sector could be categorized as pre-school, kindergarten, primary, lower secondary, upper secondary, vocational and technical, pre-service teacher training, university, general administration. The type of administrative units in the health sector could be categorized as health centers, referral hospitals, regional and national hospitals, and general administration.

III. Program Monitoring and Reporting Requirements

Data required to monitor performance under the program, including those related to performance criteria and benchmarks, will be provided to the IMF's Resident Representative and are listed in the table below.

Item Periodicity

Monetary data (to be provided by BOL)
A report on loans, deposits, reserves at the BOL, and excess reserves of BCEL, LXB, and LMB; and the outstanding stock of BOL and Treasury securities, and the gross official reserve assets and liabilities of the BOL. Weekly within one week of the end of each week.
The balance sheet of the BOL. Monthly within two weeks of the end of each month.
The breakdown of NIRBOL in U.S. dollars (including the currency composition of foreign exchange holdings), GOFLBOL, and GLF
The monetary survey, the consolidated balance sheet of the commercial banks, and the individual balance sheets of the three SCBs. Each of the three SCBs will also report all off-balance sheet obligations. Monthly within four weeks of the end of each month.
Amount of bills offered by BOL in the central bank bills auction, amount sold to each bank, and the average yield in percent per month.
Fiscal data (to be provided by MOF)
The consolidated accounts of the general government, including detailed data on tax and nontax revenues, current and capital expenditures, and net lending, reconciled with financing data. Financing components should be separated into foreign sources (grants, program and project loans), domestic sources (bank and nonbank), and receipts from asset sales. Quarterly within four weeks of the end of each quarter.
External sector data (to be provided by MOF)
Commitments (with information on the terms), disbursements, stocks and debt service payments (principal and interest separately) on external debt contracted or guaranteed by the government, state-owned enterprises, or the BOL, in U.S. dollars, by creditor. Quarterly within four weeks of the end of each quarter.
Stock of external payments arrears.
Total export and total import values in U.S. dollars, along with available commodity breakdown.
Other data (to be provided by NSC)
Overall consumer price index and a detailed breakdown by major categories of goods and services included in the consumer basket. Monthly within two weeks of the end of each month.


1For items 1 to 6 in Table 1.
2Variables with foreign currency components are to be valued according to Section I.C.
3All references in Appendix II to Lane Xang Bank and Lao May Bank also apply to the "New Bank" after the merger.
4Refer to Chapter I, Revenue Enhancement and VAT Implementation_Issues and Priorities, Fiscal Affairs Department, IMF, April 2002.