2021-03-12 | RESOLUCIONES DE DIRECTORIO Nº 042/2021

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Board Resolution No. 042/2021

The Board of Directors of the Central Bank of Bolivia amends item 26 of the 2021 Service Commission Table to exempt transfers related to the Large Fortunes Tax (IGF) from service fees. This modification removes the IGF from the list of operations excluded from the standard 50 Bolivianos charge for issuing accounting vouchers to third parties, thereby aligning the fee structure with the Ministry of Economy and Public Finance's request for exemption. The resolution takes effect immediately upon issuance on March 9, 2021.

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Central Bank of Bolivia

Board of Directors

BOARD RESOLUTION NO. 042/2021

SUBJECT: INTERNATIONAL OPERATIONS DEPARTMENT – APPROVES MODIFICATION TO THE CENTRAL BANK OF BOLIVIA (BCB) SERVICE COMMISSION TABLE FOR THE 2021 MANAGEMENT PERIOD.

VISTOS:

  • Law No. 1670 of October 31, 1995, of the Central Bank of Bolivia.
  • Law No. 331 of December 27, 2012, on the Public Banking Entity (EBP).
  • Law No. 1357 of December 28, 2020, on the Large Fortunes Tax (IGF).
  • Supreme Decree No. 1841 of December 18, 2013, which regulates Law No. 331.
  • Ministerial Resolution No. 153 of April 6, 2016, which approves the Specific Regulation for the Administration of Fiscal Current Accounts, Operations, Financial Services, and Treasury Payment System.
  • Board Resolution No. 143/2020 of December 15, 2020, which approves the Service Commission Table and the Fine Table of the Central Bank of Bolivia.
  • Board Resolution No. 128/2005 of October 21, 2005, and its modifications, which approves the Statute of the BCB.
  • Note MEFP/VTCP/DGPOT/UPCFTGN No. 97/2021 of February 23, 2021, from the Ministry of Economy and Public Finance (MEFP).
  • Report from the Monetary Operations Management and International Operations Management BCB-GOM-SOSP-DOSP-INF-2021-2 of March 4, 2021.
  • Report from the Legal Affairs Management BCB-GAL-SANO-DLBCI-INF-2021-28 of March 5, 2021.

CONSIDERING:

That in clauses a) and n) of Article 54 of Law No. 1670, it establishes among the attributions of the BCB Board of Directors, issuing norms and adopting general decisions that may be necessary for the BCB to fulfill the functions, competencies, and powers assigned to it by the Law, as well as formulating policies regarding the internal management of the BCB, supervising their execution.

//2. B.D. No. 042/2021

That Law No. 331, creating the EBP, in its Final Provision, empowers the Executive Body of the central level of the State and the Ministry exercising the leadership of the National Treasury and Public Credit System, to regulate by Supreme Decree or Ministerial Resolution, as appropriate, the provision of operations and financial services to the Public Administration, their processes, procedures, and any other aspect related to the National Treasury and Public Credit System, which must be applied by the BCB, the EBP, and entities of the public sector at all levels of government.

That Law No. 1357 aims to establish the Large Fortunes Tax – IGF, of national tax jurisdiction. Its Article 3 establishes as taxpayers of said tax natural persons residing in the Plurinational State of Bolivia, with assets in national and/or foreign territory, and natural persons not residing in Bolivia with assets in Bolivian territory.

That Article 13 of the aforementioned Law determines that the collection of this tax will be destined entirely to the General Treasury of the Nation – TGN.

That Supreme Decree No. 1841, in its Article 27, empowers the Rector Body of the National Treasury and Public Credit System to issue specific regulation regarding the operations and financial services provided by the Central Bank of Bolivia to the public sector concerning the processes and procedures of the aforementioned National System.

That the Specific Regulation for the Administration of Fiscal Current Accounts, Operations, Financial Services, and Treasury Payment System, in its Article 47, establishes that the BCB will not charge commissions for the provision of services to public entities for: a) Operations processed by the SPT; b) Administration of fiscal current accounts enabled at the BCB; c) Issuance of Bank Statements; d) Other operations defined by the MEFP in coordination with the BCB. Likewise, the aforementioned provision foresees that the charges made by the BCB for stationery and other services provided to public entities will be approved annually by the BCB in coordination with the MEFP.

That Board Resolution No. 143/2020 approves the Service Commission Table and the Fine Table of the BCB for the 2021 management period.

That the MEFP, through Note MEFP/VTCP/DGPOT/UPCFTGN No. 97/2021, requests the exemption from payment of commissions for the transfer of IGF resources.

That the Monetary Operations Management and International Operations Management, through Report BCB-GOM-SOSP-DOSP-INF-2021-2, conclude that the MEFP's request for exemption from charging commissions on transfers related to the IGF is

//3. B.D. No. 042/2021 technically viable, and by virtue thereof, recommend its inclusion in item 26 of the BCB Service Commission Table for the 2021 management period, approved by Board Resolution No. 143/2020 of December 15, 2020.

That as expressed in the aforementioned Report, the Legal Affairs Management through Report BCB-GAL-SANO-DLBCI-INF-2021-28, concludes that the MEFP's request for exemption from charging commissions on transfers related to the IGF does not contravene current regulations and falls within what is provided in Ministerial Resolution No. 153 of April 6, 2016. In this sense, it recommends to the BCB Board of Directors that within the framework of its attributions conferred in clauses a) and n) of Article 54 of Law No. 1670 and item 1) of Article 11 of the BCB Statute, dispose of the modification in item 26 of the Service Commission Table for the 2021 management period, approved in the Annex of Board Resolution No. 143/2020 of December 15, 2020.

THEREFORE,

THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA

RESOLVES:

Article 1.- Approve the modification of item 26 of the BCB Service Commission Table for the 2021 management period, approved by Board Resolution No. 143/2020 of December 15, 2020, as follows:

Where it says:

DESCRIPTIONBs.(%)RESPONSIBLE DEPARTMENT
26. Issuance of accounting vouchers for third parties, except for operations under the Legal Reserve Regulation, operations originated in contracts with a commission charging clause in the GEF and GOM, open market operations, liquidity credits to the public sector, and cash payment at the Treasury.50All Areas

It must say:

DESCRIPTIONBs.(%)RESPONSIBLE DEPARTMENT
26. Issuance of accounting vouchers for third parties, except for operations under the Legal Reserve Regulation, operations originated in contracts with a commission charging clause in the GEF and GOM, open market operations, liquidity credits to the public sector, cash payment at the Treasury, and the Large Fortunes Tax.50All Areas

//4. B.D. No. 042/2021

Article 2.- The Presidency and General Management are charged with the execution and compliance of this Resolution.

La Paz, March 9, 2021

Roger Edwin Rojas Ulo Rafael Boyán Tellez Bismarck Arevilca Vásquez Gabriel Herbas Camacho

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