Act 100

Original Language Title: Ley 100

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/139120

Law No. 100 law of April 4, 2011 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: chapter I General provisions article 1. (OBJECT). This Act aims to: establish mechanisms for institutional coordination for the implementation of comprehensive development and security at borders.

Strengthen institutional capacities aimed at achieving a better State control of border territory, promote the effective control of illegal activities and mechanisms for the prevention, control and fight against smuggling and illegal border.
Article 2. (PURPOSE). This law aims to protect the national territory in border areas, prevent the plundering of natural resources, promote the development of lawful economic activities and implement measures and actions aimed at achieving food and energy security and fight against the illegal trafficking of goods in the plurinational State of Bolivia.
Article 3. (PRINCIPLES). The principles underpinning this law are as follows: sovereignty: as the plurinational State of Bolivia is a sovereign State, exercises its supreme authority throughout its territory and in particular at the borders; being the integral development, safety, prevention and fight against illicit traffic of substances and goods, a form of sitting Bolivian sovereignty.

ACCESSIBILITY: All the Bolivian the Bolivians, and in particular Nations and native indigenous peoples peasant borders should be part of development projects in the territory to which they belong.

COMPLEMENTARITY and stewardship: The development of the border regions, the defense of the State and the fight against the illicit traffic of substances, products or goods, is task of the public institutions of the central level and the autonomous entities.

DEFENCE of the heritage: all the Bolivian the Bolivians, and in particular the servants and public servants must protect the resources of the State within its entire territory.

RESPONSIBLE citizenship: All citizens and citizens, have the obligation to contribute to the defence of the State in the prevention and fight against illicit traffic of substances, species and goods.

SHELTER and safety: All the citizens and citizens, have the duty to contribute to the preservation of the security of the State and its property.

PUBLIC safety: The institutions of the State and citizens in general, must take joint efforts for the defense of the rights of persons and the fight against crime.
Article 4. (BORDER AREA). For purposes of this standard, be understood as border area the fifty (50) kilometers from the border line.
Chapter II Council for the development of border and security article 5. (COUNCIL FOR THE DEVELOPMENT OF BORDER AND SECURITY). Establishing the Council for border development and security, comprised of the Ministers or the Ministers: Presidency, defense, Government, development planning, and Economics and public finance.
Article 6. (FUNCTIONS OF THE COUNCIL FOR THE DEVELOPMENT OF BORDER AND SECURITY).
I. are functions of the Council for security and border development: develop and coordinate strategies aimed at the fulfilment of the purpose of this law, within the framework of the policies defined by the State.

Approve the implementation of action plans for the implementation of this law.

Coordinate the implementation of plans of action with the agencies involved, through the ministries head of sector, municipal self-governments, non-departmental government and the autonomous indigenous native peasants.

Require the necessary information to public and private entities for the fulfilment of its purposes and managed within the framework of the provisions of the political Constitution of the State.

Report to the President of the plurinational State of Bolivia on the actions implemented and their results.

Identify and prioritize border areas for the implementation of programmes of transformation and industrialization of natural resources, projects of productive diversification, formalization of economic activities, generation of culture, responsible citizenship and prevention of illicit border.

Approve the mechanisms of prevention and control of the traffic of goods at borders.

Identify the goods that are subject to a special scheme for traffic, storage and/or marketing.
II. the Council shall be convened by the Minister of the Presidency, periodically.
Article 7. (THE MACROREGIONS DEVELOPMENT AGENCY AND BORDER AREAS?) ADEMAF). The Agency for the development of the Macroregions and border areas - ADEMAF, is responsible for articulating the implementation of the decisions of the Council for the development of border and security, within this framework, in addition to the functions set out in its specific standard, shall comply with the following functions: to propose strategies and mechanisms for the comprehensive development at borders.

Execute programs or projects aimed at promoting the development of border areas.

Contribute to the work of public institutions with presence on borders, to boost its development.

Joint work of the entities responsible for preventing and combating smuggling at borders.

Propose in coordination with the competent public bodies, mechanisms for the prevention and control of the traffic of goods at borders.

Other functions aimed at the fulfilment of the decisions of the Council for security and border development.
Article 8. (FINANCIAL RESOURCES). For the fulfillment of the action plans established by the Council for the development of border and security, the General Treasury of the nation? TGN, can allocate resources according to funding availability.
Article 9. (DISTRIBUTION OF FUELS IN BORDER AREA).
I starting from the publication of this law, are suspended in border areas, processes in application process licensing, authorization of construction and operation of liquid fuels and liquefied gas distribution stations of oil.
II. in border areas in which the Council for security and border development determined that Yacimientos Petrolíferos Fiscales Bolivianos? YPFB, will be retail marketer only, pending processes identified in the previous paragraph will be, definitively cancelled. In other border areas, the national agency of hydrocarbons? ANH will be the continuation of the proceedings suspended.
Article 10. (EXPROPRIATION).
I service stations that are within a radius of fifty (50) kilometers from the border, are declared of public need, being subject to the regime of municipal expropriation, upon payment of just compensation.
II. the Council for security and border development, ask the respective municipal government expropriation that corresponds, it concluded, the municipal government will transfer to Yacimientos Petrolíferos Fiscales Bolivianos - YPFB the ownership of the service upon payment of the fair compensation price station.
Chapter III joint inter-agency article 11. (INTERINSTITUTIONAL ARTICULATION).
I public entities related directly or indirectly to the objectives of this law, without prejudice to the exercise of competences and powers set out in its specific rules, implemented the action plans defined by the Council for the development of border and security.
II. public entities required by the Council for the development of border and security, should prioritize the implementation of the activities assigned to the action plans defined by the Council.
III. public entities concerned, shall be transmitted to the Council for border development and security, information required for compliance with the provisions of the present law.
Article 12. (PUBLIC MINISTRY). The public prosecutor shall appoint prosecutors in border areas prioritized at the request of the Council for the development of border and security.
Article 13. (ARMED FORCES).
I. the armed forces through the command sets, run the action plans approved by the Council for the development of border and security, within the framework of their core mission established in the political Constitution of the State.
II. in case of flagrante delicto in the Commission of the offences set out in chapter V of this law, the armed forces through the command sets, may carry out operations even without the presence of the public prosecutor's Office, and must give part to the competent authorities in the deadlines and terms established by law N ° 007 of 18 May 2010 , amendments to the criminal legal system.
Article 14. (YACIMIENTOS PETROLÍFEROS FISCALES BOLIVIANOS - YPFB).
I in the areas identified by the Council for the development of border and security, in coordination with Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, will define the quantities for the supply of refined oil or industrialized products and establish the necessary mechanisms for this purpose, reporting to the regulatory body, entity that will establish the tecnico-operativas conditions for the purpose.
II. in specified areas, the Council for security and border development may provide that deposits

Bolivian fiscal oilfields - YPFB is established as the sole marketer retailer for industrialized for oil, natural gas, refined products and others.
Article 15. (NATIONAL AGENCY OF HYDROCARBONS - ANH). The national agency of hydrocarbons? ANH, issued specific regulations to effect of regular technical conditions, authorizations and registration of media and transport of products refined petroleum or industrial units.
Article 16. (NATIONAL TAX SERVICE - WITHOUT). The national tax service? NOT in coordination with the relevant entities, shall establish the type of additional information that must be included in the invoice, for control of the flow in the sale of prohibited goods or with temporary suspension of export and/or subject to specific protection hydrocarbons and food with a State grant.

Chapter IV prevention and CONTROL article 17. (PROHIBITIONS).
I prohibited the export of gasoline, diesel oil and liquefied petroleum gas by natural or legal persons, private, not authorized by the national agency of hydrocarbons - ANH.
II. prohibited the storage and sale of refined oil or industrialized products, persons, natural or legal, public or private, national or foreign, except those who are authorized by the national agency of hydrocarbons - ANH for marketing in establishments or private homes according to regulations.
III. the organ Executive by Supreme Decree, shall temporarily suspend the export of other goods of national or imported production with State grant.
Article 18. (WITH STATE SUBSIDY OR EXPORT PROHIBITED PRODUCTS SUPPLY).
I. the Council for security and border development may determine the establishment of unique suppliers, who are in charge of the distribution and marketing of prohibited, subject to specific protection or subsidized food export and temporary suspension of export, in the border areas, in order to ensure the supply of these populations on the basis of minimum and maximum quotas which will be defined by the sectoral ministries.
II. relevant ministries, shall take the necessary actions to comply with the provisions of the preceding paragraph.
III. the supply of refined petroleum, Natural Gas vehicle products? NGV, industrialized and others, to means of transport with Board of foreign circulation, will be held at international prices set by the regulator.
Article 19. (OBLIGATION OF BILLING).
I. joins V paragraph to article 164 of the law No. 2492 of 2 August 2003, Bolivian tax code, with the following text:? V. When you check the emission of invoice, tax receipt or equivalent document for the sale of gasoline, diesel oil and natural gas vehicles at service stations authorized by the competent authority, the punishment will consist of the permanent closure of the establishment.?
II. included a final paragraph to section 170 of the Act No. 2492, on August 2, 2003, Bolivian tax code, with the following text:? In the case of the sale of gasoline, diesel oil and NGV service stations authorized by the competent authority, the punishment will consist of the permanent closure of the establishment, without the possibility of it is converted into fine.?
III. starting from the permanent closure ordered by national tax service - without and even the record of the Act which provides the definitive closure of the station, the national agency of hydrocarbons - ANH will proceed to the same intervention, Yacimientos Petrolíferos Fiscales Bolivianos - YPFB authorizing its administration and operation.
If you have the revocation of the Act, the national agency of hydrocarbons - ANH will be the cessation of intervention and Yacimientos Petrolíferos Fiscales Bolivianos - YPFB will proceed to the return of the resources generated by the margin retail by subtracting the costs of management and operation, during the intervention period in accordance with regulations issued by the regulatory body.
When the Act that has the permanent closure acquires the quality of res judicata, the regulatory body shall revoke, without prior administrative procedure, the license of operation of service stations that sold gasoline, diesel oil and natural gas vehicles, and owned by Yacimientos Petrolíferos Fiscales Bolivianos - YPFB will own resources during the period of intervention.

Chapter V offences and penalties linked to trade in oil and goods subject to specific protection article 20. (INCLUSIONS TO THE PENAL CODE).
I. joins article 226 bis the law N ° 1768 of 18 March 1997, code Penal Boliviano, with the following text:? Article 226 bis. (STORAGE, COMERCIALIZACIONY BUYING ILLEGAL DIESEL OIL, GASOLINE AND GAS OIL BLENDING).
I which store or sell diesel oil, petrol or liquefied petroleum gas, without being authorized by the competent public entity, shall be punished with deprivation of liberty for three (3) to six (6) years and confiscation of goods and instruments for the Commission of the offence.
II. the person who acquires diesel oil, petrol or liquefied gas petroleum of unauthorized persons to market them, it shall be punished with imprisonment of two (2) to four (4) years and the confiscation of the instruments for the Commission of the offence.
III. the penalty shall be aggravated in one half of the maximum sentence, in the event that the person incurs both behaviors set out in paragraphs I and II.
Do IV. the person authorized by the competent public entity that facilitates marketing, storage and illegal transportation of diesel oil, petrol or liquefied petroleum gas, shall be punished with a third of the maximum penalty established in the paragraph I of this article and the definitive revocation of its license.?
II. joins article 146 bis the law N ° 1768 of 18 March 1997, code Penal Boliviano, with the following text:? Article 146 bis. (FACILITATION OF SMUGGLING BECAUSE OF THE CHARGE). The public servant taking advantage of functions exercised directly or indirectly sell, authorize the marketing, provide the intermediation of products subsidized or prohibited export for their illegal departure from the territory of the plurinational State of Bolivia, thus obtaining money or other illegitimate advantage, shall be punished with imprisonment of five (5) to ten (10) years.?
Article 21. (INCLUSIONS TO THE TAX CODE).
I. is incorporated as article 181 nonies of the law N ° 2492, on August 2, 2003, Bolivian tax code, with the following text:? Article 181 nonies. (CRIME OF AGGRAVATED SMUGGLING OF EXPORT).
Commits the crime of aggravated smuggling of export, which without carry the authorization of the corresponding instance, incurs in any of the following behaviors: remove from territory national customs or export processing zones, goods banned or suspended from export, hydrocarbons or foods with direct subsidy of the State subject to specific protection.

Try to remove prohibited or suspended export goods, and hydrocarbons and food with direct subsidy of the State subject to specific protection by means of suitable or unambiguous acts from national customs territory or zones, and unable to consummate the offence for reasons beyond their control.

Store goods prohibited or suspended exports, hydrocarbons or foods with direct subsidy of the State subject to specific protection without fulfilling the legal requirements within a space of fifty (50) kilometers from the border.

Goods prohibited or suspended exports, hydrocarbons or foods with direct subsidy of the State subject to specific protection without fulfilling the legal requirements within a space of fifty (50) kilometers from the border.
This crime shall be punished with deprivation of liberty of eight (8) to twelve (12) years and the confiscation of goods and the confiscation of the instruments of the crime.?
II. amending the amount of the numerals I, III and IV of article 181 of the law No. 2492, on August 2, 2003, Bolivian tax code amended by the article 56 of the budget General of the nation - PGN, 2009 management of UFV? s 200,000.-(two hundred thousand 00/100 units of building to housing) 50,000.-(fifty thousand 00/100 units of building to housing).
III. joins a V paragraph to article 181 of the law No. 2492, on August 2, 2003, Bolivian tax code, with the following text:? V. who imported goods with partial support, will be processed by the crime of smuggling by the total of the same.?
IV. joins the 7th paragraph to article 111 of the law N ° 2492, on August 2, 2003, Bolivian tax code, with the following text:? VII. in contravention and flagrant crimes of smuggling of import and export of seized goods suitable for consumption and not subject to a specific prohibition to importation, they will be given to the conclusion of the speech act in the following way: twenty percent (20%) to the individual complainant, or forty per cent (40%) to the community or village complainant.

Ten percent (10%) for the municipality is found where the Commission of the crime, for distribution to gratuitously, through programs of social support.


In the case of foodstuffs, seventy percent (70%) for the public entity in charge of its marketing, which can be lower than fifty percent (50%) in case the complainant is the community or people.?
In the goods which are of difficult distribution and/or delivery, will be delivered to complainants the percentages defined in the paragraphs 1 and 2 above, previous monetizing them in within ten days of labrada the Act of intervention.?
Chapter VI amendments to the law of customs GENERAL article 22. (MODIFICATIONS TO THE LAW-GENERAL OF CUSTOMS).
I. amending Article 152 of the law No. 1990 of 28 July 1999, Customs General Law, with the following text:? Express or voluntary abandonment is the Act whereby one who has the right to dispose the goods, renounced it in favour of the State, either in total or in part, expressing this desire in writing to the customs administration.
The Customs Administration will accept the abandonment when the goods are in bonded warehouses, tax or private warehouses, or placed in them at the expense of the person concerned, and that by its nature and State of conservation can be arranged, not being affected by any lien or legal situation which may impede his immediate disposal.
Do these goods will be awarded to institutions in the public sector, to productive economic organizations territorial organizations, private non-profit national, rural native indigenous organizations and individuals, giving priority to those located in border areas, to title free and exempt from the payment of customs taxes of importation by express resolution, must the beneficiary pay storage service concerning charges?.
II. amending section 155 of the Act No. 1990 of 28 July 1999, Customs General Law, with the following text:? Do goods abandoned in fact will be awarded to institutions in the public sector, productive economic organizations, territorial organizations, private organizations without national nonprofits, FOS original indigenous and natural persons, prioritizing those located in border areas, to title free and exempt from customs taxes of importation by express resolution, must the beneficiary pay storage service concerning charges.?
III. amending article 156 of the law No. 1990 of 28 July 1999, Customs General Law, with the following text:? I. the goods the consignee is a public entity or project in which the State has a participation, can only fall on abandonment of made or implied by causal indicated in paragraph b) of article 153. To avoid this situation, the national Customs shall notify periodically public institutions having goods stored in the forms of temporary and customs depot, warning the remaining term so that they fall into neglect.
II. where the goods are declared abandoned, will be awarded to institutions of the public sector, productive economic organizations, territorial organizations, private organizations without national non-profit, grassroots native indigenous organizations and natural persons, prioritizing those located in border areas, to title free and exempt from the payment of customs taxes of importation by express resolution, must the beneficiary pay concerning storage service.
If the goods were not eligible for the award, they will be destroyed by the national customs in deadlines and forms laid down in the regulation.
III. public institutions agents may apply for release of goods prior to adjudication.
IV. adjudication or destruction of the goods not relieve of responsibilities provided for in law No. 1178 of 20 July 1990, of administration and Control Government, public servants of the institutions goods falls into abandoning ship.?
(IV. Se incorpora como segundo párrafo deel inciso l) of article 133 of the law N ° on July 28, 1999, General Customs Act, 1990 with the following text:? Excluded from the border traffic goods banned or suspended from export, and hydrocarbons and food with direct subsidy of the State subject to specific protection.?
ADDITIONAL provisions first. At any point in the procedure of customs clearance, importer can demonstrate that an act of corruption has been committed. In these cases, the national customs authorized immediate release of the goods, payment of customs taxes and completion of formalities, and will proceed to the removal of the official, background and must refer to the competent authorities for the application of the sanctions established by law N ° 037 of August 10, 2010, amending the tax code and the General Customs law.
The second. Customs clearance of goods defined by the Council for the development of border and security in coordination with the relevant entities, will be at the customs border, according to the operational regulations issued by the national customs.
Third.
I refined petroleum and industrialized confiscated, products will be delivered to Yacimientos Petrolíferos Fiscales Bolivianos - YPFB for immediate sale.
II. the means and the instruments used in the Commission of crimes, involving hydrocarbons, will be confiscated in favor of the State and after its registration, will be definitely in favour of Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, to his administration.
Refer to the Executive Branch, for constitutional purposes.
Two thousand eleven is given in the room of sessions the Assembly Legislative plurinational, twenty-five days of the month of March of the year.
FDO. Rene Oscar Martinez Callahuanca, Hector Enrique Arce Zaconeta, Zonia guard Melgar and Carmen García M., Esteban Ramirez Torrico, Agripina Ramirez Nava.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the four days of the month of April of two thousand eleven years.
FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Aldo Ruben Saavedra Soto, E. Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Jose Luis Gutierrez Perez, Nilda Copa Condori.