law no 170
LAW OF SEPTEMBER 9, 2011
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, has sanctioned the following Act
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
Article 1. (OBJECT). The purpose of this Law is to incorporate into the Penal Code the criminal figures of
Financing of Terrorism and Separatism; the modification of the criminalization of the crimes of Terrorism and of Legitimization of Gains Illicit; and, the allocation to the Financial Investigations Unit? UIF, of attributions with which the administrative regime of the crime of terrorist financing is instituted.
Article 2. (MODIFICATIONS AND ADDITIONS).
I. Article 133 of the Penal Code is amended, with the following text:
? ARTICLE 133.-(TERRORISM). The one who will be a party, act to the service or collaborate of any
form, with an armed organization aimed at committing crimes against common security, crimes against life or crimes against the Body integrity, in order to subvert the constitutional order, to depose the constitutionally elected government, to maintain in a state of alarm or collective panic to the population or to a sector of it, will be sanctioned with the prison of fifteen (15) to 20 (20) years, without prejudice to the appropriate penalty if committed such crimes.?
II. The Criminal Code is incorporated into the Criminal Code, with the following text:
? ARTICLE 13133 (FINANCING OF TERRORISM).
I. Everyone who deliberately, directly or indirectly, provides, collects, transfers, delivers, acquires, owns, negotiates or manages funds, assets, resources or rights, is through the exercise of legal activities (a) to the extent that they are used or knowingly to be used, in whole or in part, to finance terrorism, to be punished with a sentence of 15 (15) to twenty (20) years and the confiscation of the funds and assets used, as well as the proceeds of the offense.
II. The offense Terrorism Financing is autonomous and will be investigated, prosecuted and sentenced without
need for prior sentencing for related offences.?
III. The criminalization of the crime of Separatism is incorporated into the Penal Code, with the following text:
?ARTICLE 129a.-(SEPARATISM). Which in an individual or organized form will resolve
unconstitutionally, assailed, attack, violate or assault having the purpose of dividing, disaggregating or separating the unity of the State, shall be sanctioned with deprivation of Thirty (30) years without a right to pardon.
Equal penalty will apply to which I will collaborate, organize, fund, control, determine, facilitate or
I will cooperate in such a separatist act.?
IV. The first paragraph of Article 1818a of the Penal Code is amended, with the following text:
ARTICLE 1818a (LEGITIMIZATION OF ILLICIT PROFITS). The one that acquires, converts, or
transfers goods, resources, or rights, linked to crimes of: elaboration, illicit trafficking of controlled substances, contraband, corruption, criminal organizations, criminal associations, trafficking and trafficking in persons, human organ trafficking, arms trafficking, terrorism and terrorist financing, with the aim of hiding, or covering up their nature, origin, location, destination, movement or property, will be punished with deprivation of five (5) to ten (10) years, disablement for the exercise of the public function and/or elected office and fine of two hundred (200) to five hundred (500) days.?
Article 3. (POWERS OF THE FINANCIAL INVESTIGATIONS UNIT).
Financial Investigations Unit? UIF, in addition to the privileges established in the current regulations, will have the privileges of:
Receive, request, analyze and, where appropriate, transmit to the competent authorities the information duly processed, linked to the Financing of Terrorism;
Access any database of public entities to conduct financial and patrimonial research activities in cases that are presumed to be the commission of terrorist financing crimes.
Article 4. (OBLIGED SUBJECTS).
I. For purposes of this Law and scope of the competencies of the Financial Investigations Unit? UIF, are
considered to be obligated, in addition to the legal persons of a public or private nature established in the Regulation of the Financial Investigations Unit? UIF, approved by Supreme Decree No. 24771 of 31 July 1997, as amended by Article 7 of Supreme Decree No. 29681 of 20 August 2008; and Article 2 (a) of Supreme Decree No 0910 of 15 June 2011, following:
Collective persons or single-person companies engaged in the purchase and sale of foreign currency;
Collective persons or single-person companies engaged in the shipment and receipt of money remittances;
Collective persons or single-person companies having as their activity the transport or transfer of money, Precious metals and values;
Public Faith Notaries with reference to documents related to the purchase and sale of movable property subject to registration and real estate as well as to the formation of companies and modification or dissolution of the same;
Others to be established by Supreme Decree.
II. Required subjects have a duty to report to the Financial Investigations Unit? UIF, relative information
to operations related to terrorist financing, within the framework of the regulation established by this entity. Failure to comply with this obligation will be sanctioned under regulation.
Article 5. (DUTY TO REPORT). Do you have the duty to report your trade to the
Financial Investigations UnitUIF, persons who carry out the activities referred to in Article 21 of Law No 004 of 31 March 2010, of Fight Against Corruption, Illicit Enrichment and Research of Fortunas? Marcelo Quiroga Santa Cruz?, when in the development of the same they detect signs of operations linked to the crimes of Financing of Terrorism or Legitimization of Illicit Gains; as well as they also have the obligation to send all information requested by that entity within a process of investigation that is being carried out on the commission of such crimes.
Remitase to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, eight days of the month of September of the
year two thousand eleven.
Fdo. René Óscar Martínez Callahuanca, Flora Aguilar Fernández, Zonia Guardia Melgar, Carmen García M.,
Esteban Ramírez Torrico, Agripina Ramírez Nava.
Therefore, it is enacted to be and comply with the Law of the Plurinational State.
Palace of Government of the city of La Paz, nine days of the month of September of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, E. Viviana Caro Hinojosa, Luis Alberto Arce Catacora,
Nilda Condori Cup.