2024-11-28 | RESOLUCIÓN DE DIRECTORIO N° 165/2024

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Board Resolution No. 165/2024

The Board of Directors of the Central Bank of Bolivia authorizes the export of 97 gold bars, weighing approximately 0.98 tons (with an estimated 0.91 tons of fine gold), acquired in the domestic market to Turkey for external refining. The resolution further permits the subsequent investment operations of the refined gold in accordance with the regulations for the administration of international reserves. The International Operations Department is tasked with obtaining the necessary ministerial authorization from the Ministry of Economy and Public Finance to execute this exit.

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BOARD OF DIRECTORS

BOARD RESOLUTION NO. 165/2024

SUBJECT: INTERNATIONAL OPERATIONS DEPARTMENT – APPROVE THE EXIT OF GOLD ACQUIRED IN THE DOMESTIC MARKET FROM THE NATIONAL CUSTOMS TERRITORY.

VISTA:

  • The Political Constitution of the State, of February 7, 2009 (CPE).
  • Law No. 1670, of October 31, 1995, of the Central Bank of Bolivia (BCB) and its modifications.
  • Law No. 1503 of May 5, 2023, on the Purchase of Gold Intended for the Strengthening of International Reserves.
  • Supreme Decree No. 25870 of August 11, 2000, of the Regulation to the General Customs Law and its modifications.
  • The Statute of the BCB approved by Board Resolution No. 095/2022 of October 6, 2022.
  • The Regulation of the International Reserves Committee approved by Board Resolution No. 017/2023 of January 25, 2023.
  • The Regulation for the Administration of International Reserves approved by Board Resolution No. 071/2023 of May 9, 2023 and its modifications.
  • The Regulation for the Purchase of Gold in the Domestic Market Intended for the Strengthening of International Reserves, within the framework of Law No. 1503 of May 5, 2023, approved by Board Resolution No. 066/2024 of May 28, 2024 and its modifications.
  • The technical report BCB-GOI-SRES-DNI-INF-2024-82 of November 29, 2024, issued by the International Operations Department (GOI).

//2. B.R. No. 165/2024

The legal report BCB-GAL-SANO-DLBCI-INF-2024-497 of November 29, 2024, issued by the Legal Affairs Department (GAL).

CONSIDERING:

That Articles 327 and 328 of the CPE determine 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, being its attribution, in coordination with the economic policy determined by the Executive Branch, to administer International Reserves.

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 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 faculties of general application.

That Article 14 of Law No. 1670 establishes that the BCB will ensure the strengthening of International Reserves so that they allow the normal functioning of Bolivia's international payments.

That Article 15 of Law No. 1670 provides that the BCB's International Reserves are constituted, among others, by physical gold.

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 norms; as well as establishing administrative, operational and financial strategies of the BCB, 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.


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That subsections a) and c) of Article 54 of Law No. 1670 indicate as attributions of the Board of Directors the following: To issue norms and adopt general decisions that are necessary for the BCB to fulfill the functions, competencies and faculties assigned to it by Law; To monitor the execution of monetary, exchange, credit, financial intermediation, administration of International Reserves and other policies and regulations corresponding to the BCB in accordance with Law No. 1670.

That Article 1 of Law No. 1503 has as its object to authorize the BCB to purchase Gold from the domestic market for the strengthening of International Reserves and to carry out financial operations with International Reserves in gold in international markets.

That Article 7 of Law No. 1503 provides that once the gold purchase process is concluded and the total settlement has been made in the domestic market, the BCB may refine the gold abroad to obtain the quality of good delivery bars and, in accordance with regulations, regulate the exit from the national customs territory.

Article 9 of Law No. 1503 establishes that the BCB will carry out operations in international markets with Gold Reserves, being able to buy, invest, deposit in custody, use in hedging instruments, transform and convert them into foreign currency, in order to optimize the liquidity and/or yield of International Reserves.

That Article 185 of Supreme Decree No. 25870 of August 11, 2000, of the Regulation to the General Customs Law and its modifications establishes that the exit from the national customs territory of International Reserves, composed of convertible currencies and gold, by virtue of operations carried out by the BCB with international financial organizations and other institutions abroad, derived from its central banking functions or that are carried out to facilitate payment and credit operations, must be carried out in accordance with applicable legal provisions and prior presentation of the Resolution of the Ministry (currently the Ministry of Economy and Public Finance) that authorizes such operation.

That subsections 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


//4. B.R. No. 165/2024

assigned by Law and technical competence for the formulation of policies and the application of instruments that allow it to fulfill its object.

That subsections 1) and 6) of Article 10 of the BCB Statute provide that the Board of Directors has the attributions to approve general decisions and issue the norms that are necessary for the BCB to fulfill the functions, competencies and faculties assigned to it by Law, approve the policy and norms for the administration of International Reserves, as well as monitor their execution.

That Paragraph I of Article 24 of said norm provides that the 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 Article 26 of the BCB Statute stipulates 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 Department or Departments to which the subject matter of the Resolution corresponds and by a report from the Legal Affairs Department. These reports must be sent to the Board of Directors by the General Management with its recommendation.

Subsection 5) of Article 6 of the Regulation of the International Reserves Committee establishes, among others, as a Function of the Committee to propose the treatment that will be applied to International Reserve investments in case of immediate liquidity requirement, to recommend to the BCB.

That Paragraph VI of Article 11 of the Regulation for the Administration of International Reserves establishes that the exit from the national customs territory of locally purchased gold to carry out investment operations will be approved by Board Resolution.

That Paragraph II of Article 18 of the Regulation for the Administration of International Reserves establishes, among the authorized operations, the purchase of gold.


//5. B.R. No. 165/2024

That Article 25 of the Regulation for the Purchase of Gold in the Domestic Market Intended for the Strengthening of International Reserves, within the framework of Law No. 1503 of May 5, 2023, provides that the exit of gold from the national customs territory for the purpose of refining abroad will be approved by Board Resolution.

That report BCB-GOI-SRES-DNI-INF-2024-82 concludes that with the objective of optimizing the composition of Gold Reserves, it corresponds to refine the bars described in Annex No. 1 of the cited report, to obtain London Good Delivery Bars, which will be deposited in the BCB's gold accounts in London. With London Good Delivery Bars, the GOI can improve the yields of International Reserves through international financial operations with gold reserves, being able, among other things, to invest, deposit and convert gold into foreign currency. The GOI plans to refine the gold acquired in the domestic market with IGR, a company that will deposit the produced London Good Delivery Bars in the BCB's gold accounts in London. For the foregoing, it corresponds to the BCB Board of Directors to approve the exit from the national customs territory of 97 gold bars with an approximate weight of 0.98 tons, of which an estimated 0.91 tons of fine gold is derived, destined for Turkey for the purpose of refining abroad.

That report BCB-GAL-SANO-DLBCI-INF-2024-497 concludes that the authorization of the exit from the national customs territory of gold acquired in the domestic market for its refining and the carrying out of investment operations does not violate current regulations and is consistent with Law No. 1503 on the Purchase of Gold Intended for the Strengthening of International Reserves, the Regulation for the Purchase of Gold in the Domestic Market Intended for the Strengthening of International Reserves, within the framework of Law No. 1503 of May 5, 2023 and the Regulation for the Administration of International Reserves is legally procedible, being viable for approval by the BCB Board of Directors.

THEREFORE,

THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA

RESOLVES:

Article 1.- Approve the exit from the national customs territory of 97 gold bars acquired in the domestic market with an approximate weight of 0.98 tons, of which an estimated 0.91 tons of fine gold is derived, destined for Turkey for the purpose of


//6. B.R. No. 165/2024

refining abroad.

Article 2.- Authorize the investment operations of the gold resulting from the refining indicated in the preceding Article, in accordance with what is established in the Regulation for the Administration of International Reserves.

Article 3.- In accordance with Article 26 of the Regulation for the Purchase of Gold in the Domestic Market Intended for the Strengthening of International Reserves, within the framework of Law No. 1503 of May 5, 2023, the International Operations Department will process the Ministerial Resolution that authorizes the exit of gold from the national customs territory before the Ministry of Economy and Public Finance.

Article 4.- The Presidency and the General Management are charged with the compliance of this Resolution.

La Paz, November 29, 2024

SIGNED. ROGER EDWIN ROJAS ULO, Gumerindo Héctor Pino Guzmán, Miguel Angel Marañón Urquidi, Víctor Gonzalo Calisaya Gomez.

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