1. TEMPLATE FOR DRAFTING A TREASURY LAW
including Single Treasury Account, Sub-national levels and Municipalities
Jean-Marc Lepain
Public Finance Specialist
1. General Provisions
Reference to previous legislation – Purpose and scope of the law – Validity – Entry into force –
Interpretation –Definition – Treasury mission and responsibilities – Secondary Legislation /
Regulation – Amendment of the law
2. Appointment and Responsibility of the Treasury Officers, Delegation of Powers
Appointment and responsibilities of the Treasury General Director – Appointment and
responsibilities of other treasury officers at the national level - Appointment and responsibilities of
other treasury officers at the sub-national level – Investigation of alleged misconduct – Criminal
proceedings and penalties for misuse of public money
3. Organization set-up
Organizational set-up between the national and sub-national level, central treasury/provincial
treasury, treasury/revenue organization
4. Public Money
Definition of public money – Receipt of public money and the Treasury Single Account– Expenditure
of public money – Immunity of public money and TSA – Investment of public money and use of the
interests – Special funds - Earmarked Receipt Accounts

2. 5. Functioning of the Treasury Single Account
Ownership by the Treasury of the TSA – Responsibility of the Central Bank in maintaining the TSA –
Service Contract with the Central Bank - TSA sub-account at the provincial level – Transfers and
grants - Government overdraft (the law may or may not allow Government overdraft) -Transitional
provisions until the TSA is established and operational
6. The Treasury General Ledger System
Responsibility for accounting principles - Accounting methodology - Maintenance of the Chart of
Account – Relation of the Chart of Account with Budget Classification – Maintenance of a General
Leger by Budget Institutions – Reconciliation of Budget Institutions’ ledgers with the Treasury
General Leger System -
7. Bank Account
Opening and closure of bank account inside and outside of the country. Duties of the bank account in
forwarding to the Treasury balance and account statement. Duty of the Director General of the
Treasury in maintaining the list of all official bank accounts inside the country and abroad and in
reporting to the Minister of Finance and other authorities balances and transactions – Deposit in
foreign institutions of sums in foreign currencies
8. Revenue Centralization and Collection of Public Monies
Centralization of all state revenues on the TSA – Respective responsibility of the Treasury and the
revenue authorities in collecting taxes and government monies –issue of receipt for public monies –
Maintenance by the Treasury of Debit Note Register at the national and sub-national level.
Responsibilities for cash holdings-
9. Budget Execution and Payments
Commitment of public money and processing- Responsibility of the Treasury on checking
appropriation and commitment before payment - Definition of payment procedures and payment
warrants – Implementation of the centralized public service payroll – Relation of the present law
with the procurement law –

3. 10. Government Borrowing and Lending
Authorization for borrowing and lending – Loans by the State – Recording of loans – Monitoring of
loans and debt forecasting – restructuring and restructuration of loans made by Government
entities-
Comments: Article 62 of the Budget Law already covers ”Management of Foreign Debts” and Article
63 “Borrowing”.
11. Issuance of Guarantees by the State
Only the Ministry of Finance through its Treasury can issue state guarantees.
12. Management of losses and claims
Claims against the State through acts or omissions – Claims by the State against other persons –
Claims by official against the State – Losses or damages though criminal acts or omissions – Losses
and omissions through vis major or other unavoidable causes – Recovery of losses and damages
13. Reporting and Financial Records
Expenditure report – use of Treasury data by other department of the Ministry of Finance – Final
Annual Statement – Availability of records for audits
14. Internal Control of Treasury and of other Budget Institutions and Audit
Responsibilities of the Chief Internal Auditor - Internal Audit – Independent Audit – Audit of budget
institutions
15. Application of the law to sub-national level and municipalities
Treasury and sub-national revenue, budget execution at sub-national and municipal level
expenditure assignment, sub-national borrowing and lending, limits on municipal borrowing
16. Miscellaneous

4. Precious metals, gems and precious stones - Disposal of properties found – Money and properties
held in trust – Gifts, donations and sponsorship