2025-01-13 | RESOLUCIÓN DE DIRECTORIO N° 009/2025Added · Updated
The Board of the Central Bank of Bolivia approves a specific regulation governing an extraordinary concessional credit to the Ministry of Economy and Public Finance (MEFP) via the General Treasury of the Nation (TGN). This credit finances the payment of short-term obligations incurred by December 31, 2024, secured by non-negotiable Treasury Bonds. The regulation establishes the application procedures, financial conditions, disbursement schedules, and debt service mechanisms, including automatic debit rights from TGN accounts and the execution of guarantees in case of default.
SUBJECT: MONETARY OPERATIONS MANAGEMENT – APPROVAL OF THE REGULATION FOR THE EXTRAORDINARY CREDIT IN FAVOR OF THE MINISTRY OF ECONOMY AND PUBLIC FINANCE, UNDER LAW NO. 1613 OF JANUARY 1, 2025.
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Article 1.- Approve the Regulation for the Extraordinary Credit to the Ministry of Economy and Public Finance (MEFP), within the framework of the First Final Provision of Law No. 1613 of January 1, 2025, in its four (IV) Chapters and nineteen (19) Articles which form an integral part of this Resolution as an Annex.
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Article 2.- This Resolution shall enter into force from its approval.
Article 3.- The Presidency and the General Management are charged with the compliance of this Resolution.
La Paz, January 14, 2025
SIGNED. ROGER EDWIN ROJAS ULO, Gumercindo Héctor Pino Guzmán, Miguel Angel Marañon Urquidi, Victor Gonzalo Calisaya Gomez.
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Article 1.- (Object)
This Regulation aims to regulate the application, granting, contracting, and service of the debt of the extraordinary credit in favor of the Ministry of Economy and Public Finance (MEFP) through the General Treasury of the Nation (TGN), established in the First Final Provision of Law No. 1613 of January 1, 2025.
Article 2.- (Purpose)
The extraordinary credit aims to finance the MEFP through the TGN, so that it carries out the payment of its short-term obligations contracted with the Central Bank of Bolivia (BCB) and generated by December 31, 2024, within the framework of public debt administration and liability management operations.
Article 3.- (Definitions)
For the purposes of this Regulation, the following are understood:
a) Disbursement Schedule: Essential tool that shows the calendar of disbursements emerging from a credit relationship.
b) Installment: Amount of principal and current interest, or only current interest, that is paid regularly according to what is contractually established in the payment plan.
c) Disbursement Deadline: Financial condition that establishes the deadline to carry out the disbursements of the credit.
d) Degree of Concessionality: Donation component of a credit recognized as financial aid to the credit subject.
e) Current Interest: Amount corresponding to the charge for the use of the lent capital.
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f) Penal Interest: Amount to be canceled for penalty in case of non-compliance with the payment of the owed installment, according to the dates established in the payment plan.
g) Default: Delay in fulfilling an obligation, according to the dates agreed in the payment plan. Non-compliance will be calculated from the first business day following the due date of the installment.
h) Payment Frequency: Temporal frequency, established in the payment plan, in which the payments of the installments are made.
i) Grace Period: Period of time granted by the creditor, in which the debtor does not make any amortization to principal.
j) Payment Plan: Instrument that details the installments of a credit, specifying the term, amount, and other payment conditions of the credit.
k) Type of Installment: Result of the application of a credit installment calculation method, which can be fixed (French method) or variable (German method).
l) Public Values: Negotiable and non-negotiable securities of public debt.
Article 4.- (Abbreviations)
For the purposes of this Regulation, the following acronyms are established:
Article 5.- (Application for Credit)
I. For the application for credit, the MEFP must submit the following requirements:
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Credit application signed by the Minister of Economy and Public Finance, addressed to the President of the BCB, specifying the following: a) Legal framework supporting the credit application. b) Justified amount. c) Proposal and justification of the term and payment frequency of principal and interest. d) Proposal and justification of the disbursement schedule incorporating month and year. e) Proposal and justification of the disbursement deadline.
Legalized Presidential Decree of the appointment of the Minister of Economy and Public Finance and copy of valid identity card.
Ministerial Resolution of the MEFP that determines the degree of concessionality, accompanied by the corresponding technical and legal reports.
II. In case of omission in the presentation of the requirements described in Paragraph I of this Article, the BCB will reject the application.
Article 6.- (Reports for Credit Consideration)
I. Upon receipt of the application and documentation established in Article 5 of this Regulation, the President of the BCB will request, through the General Management, the following reports: a) Technical report issued by the GOM, which includes a proposal for interest rate and points out the financial conditions requested by the MEFP, with its corresponding recommendation. b) Technical report issued by the APEC, which evaluates the implications of the requested credit on the BCB's Monetary Program and the macroeconomic impact. c) Legal report issued by the GAL, regarding the legal viability for the granting of the credit and its corresponding recommendation.
II. The reports described in Paragraph I of this Article will be sent to the General Management to be submitted for consideration to the Board of Directors of the BCB.
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Article 7.- (Financial Conditions of the Credit)
I. The financial conditions of the credit will be defined by the Board of Directors of the BCB through an express Resolution, which consist of: a) amount, b) currency, c) term, d) interest rate, e) grace period, f) type of installment, g) payment plan, h) disbursement deadline, i) guarantees, and j) disbursement schedule.
II. The Board will set the interest rate considering as reference the award rates of public values for terms similar to the requested credit, the degree of concessionality, amount, term of the credit, and other variables. The concessional degree will not constitute the only variable that determines the interest rate.
Article 8.- (Disbursement Schedule)
I. The disbursement schedule, approved by the Board of Directors of the BCB, will form an integral part of the credit contract, considering the proposal of the MEFP and its consistency with the Monetary Program of the current management.
II. Any modification of the disbursement schedule must be approved by the Board of Directors of the BCB, implying carrying out a modification of the credit contract through the signing of the corresponding modifying contract.
Article 9.- (Disbursement Deadline)
I. The disbursement deadline is a financial condition of the credit; for its determination, the Board of Directors of the BCB will take into account the date proposed by the MEFP and the date of the last disbursement proposed in the disbursement schedule.
II. The resources of the credit not disbursed by the disbursement deadline are automatically uncommitted.
Article 10.- (Credit Guarantee)
I. The payment of principal and interest of the credit granted to the MEFP will be guaranteed by physical or dematerialized Non-Negotiable Treasury Bonds, issued in favor of the BCB.
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II. The Non-Negotiable Treasury Bonds must have the corresponding registration in the securities market, which must be managed by the TGN at the time of their issuance.
III. The issuance, registration, and inscription of the dematerialized TGN bonds will be carried out in accordance with current regulations through the EDV.
Article 11.- (Approval of the Credit)
The Board of Directors of the BCB will consider the reports indicated in Article 6 of this Regulation, and in its case: a) Approve the credit, the financial conditions, and the disbursement schedule. b) Authorize the President of the BCB to sign the respective credit contract.
Article 12.- (Contract)
I. The approved financial conditions will be recorded in the credit contract to be signed between the BCB and the MEFP.
II. The credit contract, being an adhesion contract, will be communicated by the BCB to the MEFP at the moment of informing this about the financial conditions approved by the Board of Directors of the Issuing Entity.
III. In accordance with the incorporation of Article 47 to Law No. 2042 of December 21, 1999, the credit contract constitutes itself as a public document with full probative force and does not require notarization for its validity and efficacy.
Article 13.- (Conditions and Requirements for Disbursements)
I. Once the credit contract is signed, the MEFP can make the disbursement request, for which it must submit the following documentation:
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a) Disbursement request note signed by the Minister, which must contain the following information:
b) The guarantees indicated in Article 10 of this Regulation.
II. Once the disbursement is made: a) The BCB will send the payment plan to the MEFP, for compliance. b) The MEFP will send to the BCB a copy of the note of request for inscription of the Physical Bonds in the Register of the Securities Market of the ASFI.
III. The BCB may request additional information it considers necessary prior to the disbursement of the credit.
Article 14.- (Payment of Installments)
I. The MEFP will pay the installments to the BCB according to the established payment plan.
II. For the compliance of Paragraph I of this Article, the BCB will send to the MEFP the account number with beneficiary registration in the SIGEP with private category.
III. Once payments are received on the due dates, the BCB will return the bond that guarantees the installment for cancellation by the issuer.
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Article 15.- (Advance Payments)
I. The MEFP may make advance payments, before the due date, prior to communication to the BCB, for which the payment will be imputed in the following order:
II. After the advance payment, in case of existing debt balance, the BCB will carry out the swap of physical bond guarantees in coordination with the MEFP.
III. The swaps of dematerialized bonds must be carried out automatically, in accordance with current regulations.
Article 16.- (Debit and Execution of Guarantee)
I. In case of non-payment of the agreed installment, the BCB will apply the debit of TGN accounts within the framework of what is established in Article 25 of Law No. 1670 of October 31, 1995. The contract must expressly contain the provision indicated in this Paragraph.
II. If the date for the debit falls on a Saturday, Sunday, or holiday, it must be carried out on the first following business day.
III. In case of non-payment and impossibility of debiting TGN accounts, the BCB will proceed to the execution of the Non-Negotiable TGN Bonds.
Article 17.- (Current Interest)
The calculation of current interest will be carried out taking into account: The number of calendar days elapsed, according to the following: a) For the first installment; it will be calculated from the disbursement until the first due date of the installment, considering the payment frequency. b) For successive installments; it will be calculated from the fulfillment of one installment to the next, according to the payment frequency.
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Article 18.- (Penal Interest)
I. In the impossibility of executing the guarantee, through debits of TGN fiscal accounts, due to insufficient balances, the TGN will incur in default originating penal interest; as established in Article 2 of Supreme Decree No. 28166 of May 17, 2005, and its modification carried out through Supreme Decree No. 530 of June 2, 2010.
II. For the collection of penal interest, the BCB will debit from the available balances in TGN fiscal accounts, in any currency, to temporary accounts of the BCB. This procedure will be carried out daily until the TGN completes the amount owed to the date. This payment will be imputed in the following order of precedence: penal interest, current interest, and pending principal amortization.
Article 19.- (Return of Guarantee)
I. Return of the guarantee issued in physical medium: a) The BCB will effect the return of the guarantee to the TGN, through an official note, after the due date, within a maximum period of 15 calendar days in case it has not been executed. b) In case of non-compliance with the payment of installments, the BCB will effect the return of the executed guarantee to the TGN with the stamp of Executed, through an official note, once the payments indicated in Paragraph II of Article 18 are regularized.
II. The return of dematerialized guarantees will be carried out in accordance with current regulations through the EDV.
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