2024-07-19 | RESOLUCIONES DE DIRECTORIO N° 076/2024

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Board of Directors Resolution No. 076/2024: Modification of the Table of Commissions for Services and the Table of Fines of the Central Bank of Bolivia

This resolution modifies the Table of Commissions for Services and the Table of Fines of the Central Bank of Bolivia, establishing new rates for the Public Sector and specific items for the Financial System. Commissions for the Public Sector, including a 0.20% rate for fund transfers and 300 Bs for SWIFT messages, will take effect on January 1, 2025. Changes to Financial System commissions, including a 710 Bs fee for cash vault deposits and 60 Bs for stationery replacement, along with fines for payment system operational errors set at 210 UFV, enter into force on August 1, 2024.

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BOARD OF DIRECTORS

BOARD OF DIRECTORS RESOLUTION No. 076/2024

SUBJECT: GENERAL MANAGEMENT – MODIFY THE TABLE OF COMMISSIONS FOR SERVICES AND THE TABLE OF FINES OF THE CENTRAL BANK OF BOLIVIA.

SEEN:

  • The Political Constitution of the State, of February 7, 2009 (CPE).
  • Law No. 1670 of October 31, 1995, of the Central Bank of Bolivia (BCB) and its modifications.
  • Supreme Decree No. 29681, of August 20, 2008 and its modification.
  • The Statute of the BCB approved by Board of Directors Resolution No. 095/2022 of October 6, 2022.
  • Board of Directors Resolution No. 123/2022 of December 27, 2022 and its modifications.
  • Technical Report BCB-APEC-SADBC-INF-2024-32 of June 13, 2024, issued by the Economic Policy Advisory (APEC), the International Operations Management (GOI), the Financial Entities Management (GEF), the Monetary Operations Management (GOM), the Treasury Management (GTES) and the Administration Management (GADM).
  • Report BCB-GAL-SANO-DLBCI-INF-2024-220 of June 17, 2024, issued by the Legal Affairs Management (GAL).

CONSIDERING:

That Article 327 of the CPE determines that the BCB is a public law institution, with legal personality and own assets, which, within the framework of the State's economic policy, has the function of maintaining the stability of the internal purchasing power of the currency, to contribute to economic and social development.

--- //2. B.D. RESOLUTION No. 076/2024

That Articles 1 and 3 of Law No. 1670, modified by Article 64, section A3, numeral 1) of Law No. 1864 of June 15, 1998 on Property and Popular Credit, establish that the BCB is a State institution, of public law, of autarchic character, of indefinite duration, with legal personality and own assets and with legal domicile in the city of La Paz and is the sole monetary and exchange authority of the country, with administrative, technical and financial competence and specialized regulatory powers of general application and shall formulate general application policies in monetary, exchange and payment system matters for the fulfillment of its purpose.

That Article 44 of Law No. 1670, establishes that the highest authority of the BCB is its Board of Directors, which is responsible for defining its policies, specialized regulations of general application and internal norms.

That subsections a) and q) of Article 54 of Law No. 1670, indicate as attributions of the Board of Directors to dictate the norms and adopt the general decisions that were necessary for the BCB to fulfill the functions, competences and powers assigned to it by Law, the others indicated by the cited Law and those that are necessary for the fulfillment of its functions.

That numerals 1) and 3) of Article 5 of the Statute of the BCB provide that its Board of Directors has regulatory competence to dictate specialized norms in the fields assigned by Law and technical competence for the formulation of policies and the application of instruments that allow it to fulfill its purpose.

That Article 6 and numerals 1) and 44) of Article 10 of the Statute of the BCB, provide that the Board of Directors has the attributions to approve general decisions and dictate the norms that were necessary for the BCB to fulfill the functions, competences and powers assigned to it by Law and set the table of commissions that the BCB must charge for the services it provides.

That paragraph I of Article 24 of said norm, provides that the resolutions and decisions of the Board of Directors are adopted by simple majority of votes of its members present in

--- //3. B.D. RESOLUTION No. 076/2024

meeting, except in cases where Law No. 1670 or the Statute of the BCB require qualified majorities.

That paragraphs I and II of Article 26 of the Statute of the BCB stipulate that the Board of Directors rules on matters within its competence by means of Resolutions. It may also do so by means of decisions that will be expressly recorded in the Minutes. Likewise, every draft Board of Directors Resolution must be motivated and justified by a technical report from the Management or Managements to which the matter subject to the Resolution corresponds and by a report from the GAL. These reports must be sent to the Board of Directors by the General Management with its recommendation.

That Report BCB-APEC-SADBC-INF-2024-32 issued by the APEC, GOI, GEF, GOM, GTES and GADM, concludes that the modification of the Table of Commissions for Services and the Table of Fines of the Central Bank of Bolivia approved by Board of Directors Resolution No. 123/2022 dated December 27, 2022 and its modifications is technically viable. In this sense, they recommend putting before the consideration of the Board of Directors of the BCB the modification of the Table of Commissions to the Public Sector and its application starting from the 2025 fiscal year, so that the Public Sector can consider these changes in the General State Budget of 2025. Additionally, they recommend to the Board of Directors modify the Table of Commissions to the Financial System and the Table of Fines of the Central Bank of Bolivia with application in the current fiscal year.

That Legal Report BCB-GAL-SANO-DLBCI-INF-2024-220 concludes, according to the technical opinion reflected in the Report of the APEC, the GOI, the GEF, the GOM, the GTES and the GADM, that the proposal for modification of the Table of Commissions for Services and the Table of Fines of the BCB approved by Board of Directors Resolution No. 123/2022 of December 27, 2022 and its modifications is viable, since it is within the current legal framework, so it is recommended to the Board of Directors of the BCB to approve the modification of Board of Directors Resolution No. 123/2022 and its modifications.

--- //4. B.D. RESOLUTION No. 076/2024

THEREFORE, THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA RESOLVES:

Article 1.- Modify the Table of Commissions to the Public Sector of the Table of Commissions for Services and the Table of Fines of the Central Bank of Bolivia, approved by Board of Directors Resolution No. 123/2022 of December 27, 2022 and its modifications, according to the following detail:

1. Commissions to the Public Sector
DESCRIPTIONBs(%)RESPONSIBLE MANAGEMENT
1. Transfer of funds abroad for the public sector.0.20
2. Sending SWIFT messages and others.300
3. Foreign Trade Operations<br>a) Import Letters of Credit<br>- Operations through CPCR-ALADI<br>- Opening and extension of Letters of Credit (annual)<br>- Amendments0.15International Operations
0.15
300
b) Export Letters of Credit<br>- Operations through CPCR-ALADI<br>- Notice and transfer.0.00
300
c) Standby Letter of Credit or Guarantee Bond (annual)<br>- Issuance<br>- Notice0.15
300
d) Documentary Collections<br>- Notice300
4. External Debt Payment (local and abroad) (*)0.10
5. Administration of "C" Titles0.03Monetary Operations
6. Operation for tax coparticipation greater than Bs 2,000.-10
7. Income for replacement of office supplies corresponding to accounting transactions with the BCB, except operations under the Legal Reserve Regulation, operations originated in contracts with commission charging clause in the GEF and GOM, open market operations, liquidity credits to the public sector, cash payment in Treasury and to the Tax on Large Fortunes.60All Areas

(*) Includes Decentralized, Deconcentrated Companies and Mixed Societies.

--- //5. B.D. RESOLUTION No. 076/2024

Article 2.- The Table of Commissions to the Public Sector described in Article 1 of this Resolution shall enter into force as of January 1, 2025.

Article 3.- Modify numerals 7 and 22 of the Table of Commissions to the Financial System of the Table of Commissions for Services and the Table of Fines of the Central Bank of Bolivia, approved by Board of Directors Resolution No. 123/2022 of December 27, 2022 and its modifications, according to the following detail:

DESCRIPTIONBs(%)RESPONSIBLE MANAGEMENT
7. Daily deposit or withdrawal of cash in national currency from the BCB vault, from the second time onwards.710Treasury
22. Income for replacement of office supplies corresponding to accounting transactions with the BCB, except operations under the Legal Reserve Regulation, operations originated in contracts with commission charging clause in the GEF and GOM, open market operations, liquidity credits to the public sector, cash payment in Treasury and to the Tax on Large Fortunes.60All areas

Article 4.- Modify numeral 6 of the Table of Fines of the Central Bank of Bolivia (Section 3) approved by Board of Directors Resolution No. 123/2022 of December 27, 2022 and its modifications with the following text:

DESCRIPTIONBsUFV(%)RESPONSIBLE MANAGEMENT
Payment System<br>a) Operations not covered in the schedules and deadlines established in the Operational Guides and by General Management Circular<br>b) Incorrect classification of operations in the MLH-LIP210-Financial Entities

--- //6. B.D. RESOLUTION No. 076/2024

Article 5.- The determination of Article 3 and 4 of this Resolution, shall enter into force as of August 1, 2024.

Article 6.- The Presidency and the General Management are in charge of the compliance of this Resolution.

La Paz, June 18, 2024

SIGNED. ROGER EDWIN ROJAS ULO, Oscar Ferrufino Morro, Gabriel Herbas Camacho, Gumercindo Héctor Pino Guzmán, Diego Alejandro Pérez Cueto Eulert.

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