BOARD

BOARD RESOLUTION NO. 046/2023

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 note received at the BCB on January 10, 2023, through which Mr. Félix Fabián Espinoza Valencia makes inquiries regarding transactions of assets with cryptoassets.
• External Communication No. BCB-SDIR-CE-2023-1 of February 14, 2023.
• The revocation appeal filed by Mr. Félix Fabián Espinoza Valencia on February 17, 2023, against Board Resolution No. 144/2020.
• The Legal Report BCB-GAL-SANO-DLBCI-INF-2023-75 dated March 2, 2023, issued by the Legal Affairs Management (GAL).

CONSIDERING:

• 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 the note received at the BCB on January 10, 2023, through which Mr. Félix Fabián Espinoza Valencia makes inquiries regarding transactions of assets with cryptoassets.
• That External Communication No. BCB-SDIR-CE-2023-1 of February 14, 2023, by which the interested party is informed that Board Resolution No. 144/2020 was published on the BCB website www.gob.bo.

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//2. B.R. No. 046/2023

• That the Revocation Appeal presented on February 17, 2023, by Félix Fabián Espinoza Valencia against Board Resolution No. 144/2020 of December 15, 2020.
• That Law No. 1670 in Article 1 provides 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 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, with 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 challenged 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 the 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 time limits established by the Law, and will be resolved by confirming or revoking the challenged resolution in whole or in part, or, in its case, 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 attribution of the BCB Board to resolve revocation appeals, within the legal time limits provided.
• That as evidenced by the reception stamp on the memorial of the revocation appeal, it was presented on February 17, 2023, outside the 30-day period granted by Article 55 of Law No. 1670 to file a revocation appeal, since Board Resolution No. 144/2020 was published on the BCB website on December 15, 2020.

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//3. B.R. No. 046/2023

• That the report BCB-GAL-SANO-DLBCI-INF-2023-75 dated March 2, 2023, issued by the Legal Affairs Management (GAL) concludes that, from the applicable regulations, as well as the legal analysis carried out, the dismissal of the Revocation Appeal presented by Félix Fabián Espinoza Valencia against Board Resolution No. 144/2020 must be submitted to the consideration of the Board, for having been presented outside the period provided for in Article 55 of Law No. 1670, with more than 2 years having passed since December 15, 2020, recommending to the Board to dismiss it in limine.

THEREFORE:

THE BOARD OF THE CENTRAL BANK OF BOLIVIA

RESOLVES:

ARTICLE FIRST.- DISMISS the revocation appeal dated February 17, 2023, filed by Mr. Félix Fabián Espinoza Valencia 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 SECOND.- The Board Secretariat is in charge of notifying this resolution to the appellant.

La Paz, March 3, 2023

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