2024-01-31 | RESOLUCIONES DE DIRECTORIO N° 012/2024

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Board Resolution No. 012/2024

The Central Bank of Bolivia amends Article 9 of Section 2 (Commissions to the Financial System) in its Service Commissions Table, effective upon publication. The revision sets the fee for withdrawing US dollars from the Central Bank's vault at 1,210 Bolivianos plus a 0.20% commission, while establishing a zero fee for withdrawing US dollars from the vault for family remittances sent from abroad.

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BOARD

BOARD RESOLUTION NO. 012/2024

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

VISTOS:

  • The Political Constitution of the State, dated February 7, 2009 (CPE).
  • Law No. 1670, dated October 31, 1995, of the Central Bank of Bolivia (BCB) and its modifications.
  • The BCB Statute approved by Board Resolution No. 095/2022 of October 6, 2022.
  • Board Resolution No. 123/2022 of December 27, 2022.
  • Circular Letter/ASFI/DNP/CC-662/2024 of January 17, 2024.
  • Technical Report BCB-GOI-SOEXT-DOCC-INF-2024-2 of January 17, 2024, issued by the International Operations Management (GOI) and Treasury Management (GTES).
  • Legal Report BCB-GAL-SANO-DLBCI-INF-2024-18 of January 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 its 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.
  • That Article 1 of Law No. 1670, modified by Article 64, section A3, numeral 1) of Law No. 1864 of June 15, 1998, on Popular Property and Credit, establishes that the BCB is a State institution, of public law, of an autarkic nature, of indefinite duration, with its own legal personality and assets and with its legal domicile in the city of La Paz. It is the sole monetary and exchange authority of the country, with administrative, technical, and financial competence and specialized normative powers of general application.
  • That Article 20 of Law No. 1670 establishes that the BCB is authorized to regulate financial operations with foreign countries, carried out by public and private persons or entities.
  • 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 norms of general application, and internal rules; as well as establishing the BCB's administrative, operational, and financial strategies, approving their respective short and medium-term programs. For the monitoring and oversight of their execution, it will have access to independent information, analysis, and audit services.
  • That subsections a) and q) of Article 54 of Law No. 1670 indicate that it is an attribute of the Board of Directors to issue norms and adopt general decisions that are necessary for the BCB to fulfill the functions, competencies, and powers assigned to it by the Law, those indicated by the aforementioned Law, and those necessary for the fulfillment of its functions.
  • That numerals 1) and 3) of Article 5 of the BCB Statute provide that its Board of Directors has normative competence to issue 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 object.
  • That Article 6 and numerals 1) and 44) of Article 10 of the BCB Statute provide that the Board of Directors has the attributes to approve general decisions and issue the norms that are necessary for the BCB to fulfill the functions, competencies, and powers assigned to it by the Law and to fix 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 resolutions and decisions of the Board of Directors are adopted by a simple majority of votes of its members present in a meeting, except in cases where Law No. 1670 or the BCB Statute require qualified majorities.
  • That paragraphs I and II of Article 26 of the BCB Statute stipulate that the Board of Directors pronounces itself on matters within its competence through Resolutions. It may also do so through decisions that will be expressly recorded in the Minutes. Likewise, every draft Board Resolution must be motivated and justified by a technical report from the Management or Managements to which the subject matter of 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 Board Resolution No. 123/2022 of December 27, 2022, approves the Table of Commissions for Services and the Table of Fines of the BCB.
  • That Circular Letter/ASFI/DNP/CC-662/2024 of January 17, 2024, instructs Financial Intermediation Entities, as well as Money Transfer and Remittance Companies and their correspondents, to make the payment of Transfers and Remittances from abroad in favor of beneficiaries within national territory, in the currency in which the senders have effected or instructed the sending of said transfers and remittances.
  • That Report BCB-GOI-SOEXT-DOCC-INF-2024-2 concludes that it is technically viable to effect the modification to the Table of Commissions for Services of the BCB, approved by Board Resolution No. 123/2022 of December 27, 2022, modifying numeral 9, of section 2. (Commissions to the Financial System), therefore recommending to the BCB Board of Directors the modification of Board Resolution No. 123/2022.
  • That Legal Report BCB-GAL-SANO-DLBCI-INF-2024-18 concludes that in accordance with the Report of the GOI and GTES, the proposal to modify Board Resolution No. 123/2022 of December 27, 2022, in numeral 9, of section 2. (Commissions to the Financial System), is legally viable; recommending to the BCB Board of Directors to approve the modification of Board Resolution No. 123/2022.

THEREFORE,

THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA

RESOLVES:

Article 1.- Modify Numeral 9, of section 2. (Commissions to the Financial System) of the Table of Commissions for Services of the Central Bank of Bolivia approved by Board Resolution No. 123/2022 of December 27, 2022, with the following text:

9.a. Withdrawal of cash in US dollars from the BCB vault.1,2100.20
b. Withdrawal of cash in US dollars from the BCB vault, for the sending of family remittances sent from abroad.0.000.00

Article 2.- This Resolution shall enter into force from its publication.

Article 3.- The Presidency and the General Management are charged with the compliance of this Resolution.

La Paz, January 18, 2024

SIGNED: OSCAR FERRUFINO MORRO, Gabriel Herbas Camacho, Gumercindo Héctor Pino Guzmán, Diego Alejandro Perez Cueto Eulert.

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