BOARD OF DIRECTORS
BOARD RESOLUTION NO. 092/2024
SUBJECT: MONETARY OPERATIONS MANAGEMENT - APPROVE THE GRANTING OF AN EXCEPTIONAL LIQUIDITY CREDIT TO THE GENERAL TREASURY OF THE NATION UNDER LAW NO. 1670 - MANAGEMENT YEAR 2024.
VIEWED:
- The Political Constitution of the State, of February 7, 2009.
- Law No. 1670, of 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.
- The Regulation for the Contracting of Liquidity Credits approved by Ministerial Resolution No. 021 of January 25, 2023.
- The Regulation for the Approval of Credits to the Public Sector within the framework of Law No. 1670, approved through Board Resolution of the BCB No. 110/2019 of August 27, 2019.
- The Monetary Program and Financial Fiscal Program 2024 approved on January 29, 2024, by the BCB and its modification.
- The Review of the Execution Decision of the Financial Fiscal Program 2024 signed on July 10, 2024, between the Ministry of Economy and Public Finance (MEFP) and the BCB.
- Note MEFP/VTCP/DGCP/UEPS/No. 362/2024 of July 11, 2024, from the MEFP.
- Report BCB-GOM-SOSP-DCE-INF-2024-45 of July 11, 2024, from the Monetary Operations Management (GOM).
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- Report BCB-APEC-SMF-INF-2024-44 of July 11, 2024, from the Economic Policy Advisory (APEC).
- Report BCB-GAL-SANO-DLBCI-INF-2024-276 of July 11, 2024, from the Legal Affairs Management (GAL).
CONSIDERING:
- That Article 306 of the Political Constitution of the State establishes that the Bolivian economic model is plural and is oriented towards improving the quality of life and the good living of all Bolivians.
- That paragraph I of its Article 326 of the Political Constitution of the State determines that the State through the Executive Branch will determine the objectives of the country's monetary and exchange policy in coordination with the BCB.
- That in its Article 327 it establishes that the BCB is a public law institution, with legal personality and its own assets. Within the framework of the State's economic policy, it is the function of the BCB to maintain the stability of the internal purchasing power of the currency to contribute to economic and social development.
- That Article 1 of Law No. 1670 establishes that the BCB is an institution of the State, 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 regulatory powers of general application, in the manner and with the scope established in the Law.
- That Article 22 of the aforementioned Law provides that the BCB may not grant credit to the Public Sector nor incur contingent liabilities in its favor. Exceptionally, it may do so in favor of the National Treasury with the favorable vote of two-thirds of the members present at a meeting of its Board of Directors, in which subsection b) states that to attend to temporary liquidity needs within the limits of the Monetary Program.
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- That in its Article 23 of Law No. 1670, it determines that the operations provided for in Article 22 will be documented in all cases through negotiable public debt securities issued by the National Treasury, which in the case provided for in subsection b), will have a maximum term of one year.
- That Article 44 of the aforementioned legal body states that the Board of Directors is responsible for defining its policies, specialized regulations of general application, and internal rules; as well as establishing administrative, operational, and financial strategies, approving their respective short and medium-term programs.
- That subsections a) and j) of its Article 54, states as attributes of the Board of Directors of the BCB to issue regulations and adopt general decisions that are necessary for the issuing entity to fulfill the functions, competencies, and powers assigned to it by the Law as well as to set the interest rate of the credits granted by the BCB.
- That the BCB Statute in numerals 1) and 10) of its Article 10 establishes that the Board of Directors of the Issuing Entity has the attribute to approve general decisions and issue regulations that are necessary for the BCB to fulfill the functions, competencies, and powers assigned to it by the Law, as well as to approve by two-thirds of the votes, of the members present, credits to the General Treasury of the Nation to attend to temporary liquidity needs, within the limits of the Monetary Program.
- That paragraph II of Article 26 of the Statute determines that every project of 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 Legal Affairs Management. These reports must be issued to the Board of Directors through the General Management with its recommendation.
- That Article 7 of the Regulation for the Contracting of Liquidity Credits approved by Ministerial Resolution No. 021/2023, regulates the Negotiation and Contracting of credits requested by the MEFP.
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- That the Regulation for the Approval of Credits to the Public Sector within the framework of Law No. 1670, approved by Board Resolution No. 110/2019, has the object of regulating Articles 22 and 23 of Law No. 1670, which establish the requirements and procedures for the approval of credits to the Public Sector.
- That said Regulation, in its Article 10 establishes the requirements for the consideration of the credit for temporary liquidity needs.
- That in its Article 11 it states that upon receipt of the credit request and the documentation established in Article 10, prior to consideration by the Board of Directors, the President of the BCB will request: i) Technical Report to the GOM specifying the outstanding debt balance as of the date of the request, future payment maturities of the TGN to the BCB, and suitability of the public value offered to back the operation; ii) report to the GAL regarding compliance with regulations and presentation of the required documentation; iii) Report to the APEC considering the impact of said credit on the monetary program that is part of the Execution Decision of the Fiscal-Financial Program that is annually subscribed by the highest authorities of the BCB and the MEFP.
- That in its Article 12 establishes the financial conditions, where the Board of Directors will set the interest rates and term considering, as a reference, the prevailing public security yields in the market in either of the two currencies, in relation to the credit request of the MEFP.
- That in its Article 13 it provides that the Board of Directors of the BCB will consider the Reports presented by the areas, and if appropriate, approve the credit through the favorable vote of two-thirds of its members present at a Board of Directors session and that for this effect it will issue an express Resolution.
- That Article 14 of the aforementioned Regulation establishes that the Board of Directors Resolution will approve the granting of the Credit and the Public Credit Contract between the MEFP and the BCB.
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- That the Review of the Execution Decision of the Financial Fiscal Program 2024, establishes that up to Bs10,000,000,000.00 (Ten Billion 00/100 Bolivianos) in net liquidity credits (gross credit minus amortizations) are available for 2024.
- That the MEFP through Note MEFP/VTCP/DGCP/UEPS/No. 362/2024, within the framework of subsection b) of Article 22 of Law No. 1670, requests the granting of a liquidity credit with the following characteristics: i) amount and currency: Bs4,000,000,000.00 (Four Billion 00/100 Bolivianos), ii) term: 1 year, iii) capital payment: at maturity, iv) interest payment: at maturity, v) backing value: Negotiable Treasury Bonds. To this effect, in compliance with what is established in the "Regulation for the Approval of Credits to the Public Sector within the Framework of Law No. 1670", it sends the payment plan, disbursement schedule, and monthly cash flow of the TGN projected including reimbursements to the BCB.
- That the GOM, through Report BCB-GOM-SOSP-DCE-INF-2024-45 concludes that the request for the Liquidity Credit to the General Treasury of the Nation for the 2024 management for an amount of 4,000,000,000.00 (Four Billion 00/100 Bolivianos), made by the MEFP, falls within what is established in Law No. 1670 and the Regulation for the Approval of Credits to the Public Sector, approved through Board Resolution No. 110/2019. Finally, it recommends that the Board of Directors of the BCB approve the financial conditions of the credit detailed in the aforementioned Technical Report prior to the criteria of the GAL and APEC according to their competencies.
- That the APEC, in its Report BCB-APEC-SMF-INF-2024-44, refers that within the framework of subsection b) of Article 22 of Law No. 1670 and considering the analysis performed, it recommends to the Board of Directors of the BCB to approve the liquidity credit requested by the MEFP through note MEFP/VTCP/DGCP/UEPS/No. 362/2024, for an amount of up to Bs4,000,000,000.00 (Four Billion 00/100 Bolivianos).
- That the GAL through Report BCB-GAL-SANO-DLBCI-INF-2024-276, concludes that the MEFP's request is legally appropriate, recommending its consideration by the Board of Directors of the BCB, for its approval with the favorable vote of at least two-thirds of the members present, through an express resolution and authorization to the President of the BCB for the signing of the respective contract.
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THEREFORE,
THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA
RESOLVES:
Article 1.- Within the framework of what is established in subsection b) of Article 22 and Article 23 of Law No. 1670 and in accordance with the Monetary Program and Financial Fiscal Program 2024, approve the granting of a Liquidity Credit in favor of the TGN – Management 2024, represented by the MEFP, under the following terms and conditions:
| Concept | Value |
|---|
| Amount: | Bs4,000,000,000.00 (Four Billion 00/100 Bolivianos). |
| Currency: | Bolivianos. |
| Term (*): | 1 year. |
| Interest rate: | 3.95% annual. |
| Payment Frequency: | Annual for capital and interest. |
| Guarantee: | Negotiable Treasury Bond – Amortizable. |
(*) The term is calculated from the first disbursement
Article 2.- Authorize the Acting President of the BCB to sign the contract with the MEFP under the terms of this Resolution.
Article 3.- The Presidency and the General Management are in charge of the execution and compliance of this Resolution.
La Paz, July 11, 2024
SIGNED. ROGER EDWIN ROJAS ULO, Oscar Ferrufino Morro, Gabriel Herbas Camacho, Gumercindo Héctor Pino Guzmán, Diego Alejandro Pérez Cueto Eulert.