law no 403
SEPTEMBER 18, 2013 LAW
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
MINING RIGHTS REVERSAL ACT
Article 1. (OBJECT). This Law is intended to establish the causal rights of reversion of the rights
miners granted by Special Transitional Authorizations? ATE and Mining Contracts, depending on the strategic and public interest nature of natural resources, after verification of the non-existence of the implementation or development of mining activities.
Article 2. (LOSS OF RIGHTS IN AREAS WITHOUT DEVELOPMENT OF MINING ACTIVITIES).
The mining rights granted by Special Transitional Authorizations? ATE and Contracts on natural mineral resources will be reversed in the absence of verified mining activities, in accordance with the provisions of this Law.
Article 3. (VERIFICATION OF MINING ACTIVITY).
I. On the basis of the State's control over mineral resources, the verification of mining activities will be
carried out by the Vice-Ministry of Mining Policy, Regulation and Taxation, from the publication of this Law, through the use of operational technical procedures defined by the authority of the sector.
II. In the event of a non-existence of the implementation or development of mining activities in the Special Transitional Authorizations? ATE or the Mining Contracts, the General Authority Mining Administrative Court? AGJAM, on the basis of the verification report carried out by the Vice-Ministry of Mining Policy, Regulation and Taxation, will determine the reversal of the mining rights, without prejudice to the environmental responsibility to which it takes place.
III. The reversal or resolution does not proceed when the non-existence of mining activities has occurred as
consequence of vassalments or as a result of a competent authority provision. The existence of the endorsements must be duly reported to the competent authorities.
Article 4. (AREAS OF RIGHTS REVERSED). The mining rights reversed as a result of
the lack of mining activities foreseen in this Law, will be able to be assigned to the various mining productive actors, according to a Plan of Mining Development and the new Mining Law and its procedure.
In the resolution of contracts on areas in which COMIOL exercises ownership, these will be maintained in favor of
the state enterprise.
Article 5 (RESOURCES).
I. The resources that the mining actors will be able to bring about the mining rights reversal resolutions
granted by the Special Transitional Authorizations? ATE, and the Contracts, are those of revocation and hierarchical, according to the Supreme Decree No. 27113 of July 23, 2003.
II. The recall resources will be brought before the authority that dictated the reversal of the mining law. The
hierarchical resourcesbe resolved by the Minister of Mining and Metallurgy, using the administrative path in this instance.
FIRST. The reversal of the mining rights, produced by the application of this Law, will not result in
SECOND. The Ministry of Economy and Public Finance, will allocate to the Ministry of Mining and Metallurgy and
the General Authority Mining Administration-AGJAM, resources of the State Treasury, necessary for the execution of the procedures set out in this Law.
THIRD. As long as the Mining Law is promulgated, the reversal made by the mandate of this Law, no
proceeds in relation to the mining areas registered in the name of the Mining Corporation of Bolivia-COMIBOL, and of the
mining cooperatives and single-person mining operators having registered fewer than ten (10) grids or two hundred and fifty (250) mining belongings.
FOURTH. The Ministry of Mining and Metallurgy, is responsible for preparing the technical procedures-
operating under the provisions of this Law.
Remitase to the Executive Body, for constitutional purposes.
It is given in The Chamber of Sessions of the Plurinational Legislative Assembly, six days of the month of September of the
year two thousand thirteen.
Fdo. Gabriela Montano Viana, Andrés Agustín Villca Daza, Marcelo Elio Chávez.
Therefore, it was enacted so that it has and will comply as the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at eighteen September of the year two thousand thirteen days.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Mario Virreira Iporre, Nemesia Achacollo Tola
MINISTER OF RURAL DEVELOPMENT AND LAND AND INTERIM ECONOMY AND PUBLIC FINANCE, Amanda Davila Torres.