21
of contingent liabilities under PPPs as methods and capacity for quantifying guarantees
improve.
33
Limits or strict control over issuance of contingent debt by subnational governments
are also imposed in several countries,
largely because of an implicit understanding that the
central government stands behind subnational
government obligations, even if there is no
explicit guarantee. In South Africa, the Municipal Finance Act of 2003 stipulates that
municipal debt guarantees can only be issued with national government approval and only if
the municipality creates a cash-backed reserve or purchases insurance to cover the debt.
External Control Over Contingent Liabilities
Scrutiny of contingent debts by the national audit offices also helps instill discipline in
taking on and managing contingent liabilities.
The auditing of contingent debts by
countries’ supreme audit institutions (SAIs) is quite widespread, although its scope varies. In
a 2004 survey by the international organization of Supreme Audit Institutions (Intosai), all
fifteen respondent countries stated that the responsibilities of their
SAI included oversight
and/or audit of contingent debts, although in several cases this responsibility is limited to
verifying the accuracy of contingent liabilities as disclosed in financial accounts or
compliance with the legislative framework for issuing such liabilities (e.g., Canada).
34
Nevertheless, the majority of the surveyed SAIs had the possibility,
if not the obligation, to
audit the future consequences of today’s budget or other economic decisions made by the
government, implying that they could also examine the fiscal implications of contingent
debts (e.g., Lithuania, Mexico, Portugal, Sweden) (Intosai, 2005). Indeed, about half of the
countries reported having conducted performance audits
relating to contingent debt, with a
view to showing the existence of large fiscal exposures that could result in an outflow of state
funds (Lithuania); assessing value for money on the management of guarantees (Sweden); or
focusing on various aspects of government guarantee schemes (Norway). The SAI findings
are generally reported to parliament, either as stand-alone reports
or through annual reports
on the work of the SAI.
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