Regulatory Alerts2013-03-09 | SGDB N° 009/2013Added · Updated
SGDB No. 009/2013: Procedure for the Purchase of Gold from State Mining Enterprises for International Reserves
The Central Bank of Bolivia establishes the detailed procedure for the purchase of gold bars from State Mining Enterprises (EMIES) for international reserves, requiring EMIES to submit weekly sales requests by Friday at 15:00 with specific shipment and personnel details. The process mandates secure delivery, permanent filming, purity sampling (three samples per bar), and weighing, with final payment contingent on the issuance of a final settlement act based on contracted laboratory analysis. A maximum acceptable error margin of 0.5% is set for purity analysis, with dispute resolution procedures involving independent international laboratories and cost allocation based on result accuracy. This circular supersedes External Circular SGDB No. 017/2012.
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EXTERNAL CIRCULAR OF THE CENTRAL BANK OF BOLIVIA La Paz, February 26, 2013 SGDB No. 009/2013
FROM: GENERAL MANAGEMENT INTERNATIONAL OPERATIONS DEPARTMENT TO: STATE MINING ENTERPRISES SUBJECT: PURCHASE OF GOLD DESTINED FOR INTERNATIONAL RESERVES
Ladies and Gentlemen:
In accordance with the provisions of Supreme Decree No. 1167 of March 14, 2012, Supreme Decree No. 29165 of June 13, 2007, and the Regulation for the purchase of gold from State Mining Enterprises destined for International Reserves (REGULATION), approved by Board Resolution of the Central Bank of Bolivia (BCB) No. 046/2012 of April 17, 2012, the procedure for the gold purchases to be carried out by the BCB from State Mining Enterprises (EMIES) is detailed below:
- The EMIES shall, through a written note, credential the officials responsible for coordinating with the BCB the sale of gold bars.
- By 15:00 hours on Fridays of each week, the EMIES shall send a note to the International Operations Department of the BCB communicating its request for the sale of gold, specifying: a) Quantity of bars and unique consecutive numbering. b) Weight of each bar in grams with one decimal place. c) Name(s) and identity card number(s) of the EMIES official(s) who will deliver the gold to the BCB. d) License plate of the vehicle that will enter the BCB. e) Name and identity card number of the vehicle driver.
- The BCB shall, through a note to the EMIES, confirm acceptance of the request and communicate the date for the receipt of the gold.
- On the day of the operation, in a secure environment with permanent filming in the BCB building, with the presence of EMIES officials, the company contracted to perform the purity analysis, and BCB officials, the following shall proceed: a) The receipt of each gold bar. b) The review of the identification seals of each bar. c) The receipt of the original Purchase and Sale of Minerals and Metals form (form M02) validated by SENARECOM. d) The taking of samples by the company contracted for this purpose.
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e) The weighing of each gold bar.
f) The signing of the Gold Delivery/Receipt Act.
5. Three samples shall be taken from each gold bar: one for delivery to the company that will perform the purity analysis, one for the EMIES, and one under the custody of the BCB for potential arbitration. Upon completion of this task, the Gold Bar Sampling Act shall be signed. 6. The weighing of the bars shall be carried out after the taking of 2 samples. 7. The gold bars shall remain in custody in the BCB vaults until their purchase in accordance with Article 7 of the REGULATION. 8. Upon receipt of the purity percentage analysis from the company contracted for this purpose, the EMIES and the BCB shall sign the Final Settlement Act for the Purchase-Sale of Gold Bars. 9. The BCB shall proceed to make the payment for the purchase of gold as provided for in Articles 6 and 7 of the REGULATION. 10. The samples for arbitration shall be returned quarterly to the EMIES for the gold bars that have been paid for and on which the EMIES has no observations. 11. In the event that the EMIES disagrees with the results of the gold purity analysis, it may perform a test with a certified international laboratory using the sample in its possession, the cost of which shall be borne by the EMIES. 12. If the results of the laboratory tests carried out by the company contracted by the BCB and by the EMIES differ by more than the error margin established in the following point 13, the sample under the custody of the BCB shall be submitted to a test with another certified international laboratory. The costs of the arbitrating test shall be borne by the party whose laboratory result has the greater difference compared to the results of the arbitrating test. For payment purposes, the results of the party with the lesser difference compared to the arbitrating test shall be assumed. 13. An acceptable error margin in the analysis of gold purity is established at up to 0.5%.
External Circular SGDB No. 017/2012 of April 19, 2012 is hereby repealed.
Sincerely,
RPR/FSO