Regulatory Alerts2007-11-30 | Resolución 149/2007Added · Updated
Resolution 149/2007
The Board of Directors of the Central Bank of Bolivia rejects the revocation appeal filed by Mario Encinas Basconina against Resolution 119/2007, which established a 1% fee for foreign fund transfers to the private sector. The rejection is based on the appeal being submitted outside the 30-day statutory deadline and addressed to an incompetent authority. The Legal Affairs Management is tasked with notifying the interested party of this decision.
BOARD RESOLUTION NO. 149/2007 SUBJECT: BOARD - APPEAL FOR REVOCATION AGAINST BOARD RESOLUTION NO. 119/2007 WHICH APPROVES THE INCLUSION OF A FEE IN THE BCB SERVICE TABLE FOR THE 2007 MANAGEMENT PERIOD.
SEEN:
Law No. 1670 of the Central Bank of Bolivia of October 31, 1995. Law No. 2341 on Administrative Procedure of April 23, 2002. Board Resolution No. 119/2007 of September 25, 2007. External Circular SGRAL. No. 022/2007 of September 26, 2007. The appeal for revocation presented on November 27, 2007, by Lic. Mario Encinas Basconina. The SANO Report No. 313/2007 from the Legal Affairs Management of December 5, 2007.
CONSIDERING:
That the Highest Authority of the BCB, on September 25, 2007, through Board Resolution No. 119/2007, approved the inclusion of the 1% fee in the BCB service table for the 2007 management period, for the transfer of funds from abroad to the private sector, excluding export operations through the Issuing Entity, having been notified to financial entities through External Circular SGRAL. No. 022/2007.
That against the aforementioned Board Resolution, Mr. Mario Encinas Basconina on November 27, 2007, filed an appeal for revocation with the argument that the 1% fee for the transfer of funds from abroad to the private sector constitutes a tax which must be created by Republic Law, as established in article 6 of the Tax Code approved by Law No. 2492 of August 3, 2003.
That article 55 of Law No. 1670 provides that resolutions of the BCB Board may be challenged by any natural or legal person or competent State organ, by filing an appeal for revocation with devolutive effect, before the same Board, within a period of 30 days from the date on which the BCB made the Resolution known to the interested or affected persons.
That article 52 of Law No. 2341 establishes that administrative procedures must necessarily conclude with the issuance of an administrative resolution that declares the acceptance or rejection, total or partial, of the claimant's request.
That article 56 of the same Law provides that administrative appeals are admissible against all kinds of resolutions of a definitive nature or administrative acts that have equivalent character, provided that said administrative acts, in the opinion of the interested parties affected, affect, infringe, or could cause harm to their subjective rights or legitimate interests.
That the appeal for revocation filed by Mr. Mario Encinas Basconina against Board Resolution No. 119/2007, was presented outside the period provided for in article 55 of Law No. 1670.
That said appeal was filed against authorities incompetent to hear appeals for revocation against Board Resolutions of the Issuing Entity.
That in the opinion of the Legal Affairs Management, for the arguments stated above, it corresponds to the BCB Board to dismiss the appeal for revocation filed against Board Resolution No. 119/2007.
THEREFORE, THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA RESOLVES:
Article 1.- Reject the appeal for revocation dated November 27 of the current year, filed by Mr. Mario Encinas Basconina against Board Resolution No. 119/2007, for failure to comply with what is provided in article 55 of Law No. 1670.
Article 2.- The Legal Affairs Management is tasked with notifying the interested party of this Resolution.
La Paz, December 11, 2007
Raúl Garrón Claure
Gustavo Blacutt Alcalá Hugo Dorado Araníbar
Rolando Marín Ibáñez Ernesto Yáñez Aguilar
Osvaldo Nina Baltazar
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