BOARD

BOARD RESOLUTION NO. 033/2024

SUBJECT: BOARD – DISMISS THE APPEAL AGAINST BOARD RESOLUTION NO. 144/2020.

VIEWED:

• The Political Constitution of the State of February 7, 2009.
• Law No. 1670 of October 31, 1995, and its amendments.
• Law No. 2341 of April 23, 2002.
• The Statute of the BCB, approved by Board Resolution No. 095/2022 of October 6, 2022.
• Board Resolution No. 144/2020 of December 15, 2020.
• The revocation appeal filed by Mr. Huascar Miranda Martínez on behalf of ASOBLOCKCHAIN on February 21, 2024, against Board Resolution No. 144/2020 published on December 15, 2020, issued by the Central Bank of Bolivia (BCB).
• The Legal Report BCB-GAL-SANO-DLBCI-INF-2023-74 dated March 4, 2024, issued by the Legal Affairs Management (GAL).

CONSIDERING:

That Law No. 1670 in Article 1 provides that the BCB is a state institution, of public law, autonomous in 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, in the manner and within the scope established in this Law.

That in accordance with what is provided in Article 55 of Law No. 1670, resolutions of the BCB Board may be appealed by any natural or legal person or competent state organ, by filing a revocation appeal with devolutive effect, before the same Board, within a period of thirty (30) days from the date on which the BCB made the Resolution known to the interested or affected persons, and the Board must rule within the twenty (20) days following the filing of the revocation appeal.

That Law No. 2341 on Administrative Procedure, in Articles 32 and 34, provides that acts of the Public Administration are presumed valid and produce effects from the date of their notification or publication.

That regarding Administrative Appeals provided for in Law No. 2341, Articles 58 and 61 establish that they will be presented in a reasoned manner, complying with the requirements and formalities, within the timeframes established by the Law, and will be resolved by confirming or revoking the appealed resolution in whole or in part, or by dismissing the appeal if it was filed out of time, did not meet the formalities expressly indicated in applicable provisions, or did not meet the requirement of standing.

That the Statute of the Central Bank of Bolivia, approved by Board Resolution No. 095/2022 of October 6, 2022, establishes in its Article 10, numeral 33), that it is an attribute of the BCB Board to resolve revocation appeals, within the legal timeframes provided.

That Board Resolution No. 144/2020 was published on December 15, 2020, on the website of the Central Bank of Bolivia, from which moment it entered into force and public knowledge.

That as evidenced by the receipt stamp on the memorial of the revocation appeal, it was presented on February 21, 2024, being that it is outside the 30-day period granted by the regulation to file its revocation appeal, since Board Resolution No. 144/2020 was published on the BCB website on December 15, 2020. Therefore, it is concluded that the appeal presented by the Appellant has not met the legal requirements to be attended to, and therefore its dismissal corresponds as established by Law No. 2341.

That the report BCB-GAL-SANO-DLBCI-INF-2024-74 dated March 4, 2024, issued by the Legal Affairs Management (GAL) concludes that, based on the applicable regulations and the legal analysis carried out, the dismissal of the Revocation Appeal presented by Mr. Huascar Miranda Martínez on behalf of ASOBLOCKCHAIN against Board Resolution No. 144/2020 must be submitted to the Board for consideration, as it was filed outside the timeframe provided in Article 55 of Law No. 1670, recommending to the Board to dismiss it in limine.

THEREFORE:

THE BOARD OF THE CENTRAL BANK OF BOLIVIA,

RESOLVES:

Article 1.- DISMISS the revocation appeal dated February 21, 2024, filed by Mr. Huascar Miranda Martínez on behalf of ASOBLOCKCHAIN against Board Resolution No. 144/2020 of December 15, 2020, for having been filed outside the term established in Article 55 of Law No. 1670 of the Central Bank of Bolivia, of October 31, 1995.

Article 2.- The Legal Affairs Management is tasked with notifying this resolution to the appellant.

La Paz, March 5, 2024

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