Act 100

Original Language Title: Ley 100

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law no 100

2011 APRIL 4 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,

DECCRETA:

CHAPTER I

GENERAL PROVISIONS

Article 1. (OBJECT). This Law is intended to:

Establish institutional articulation mechanisms for the implementation of comprehensive development and border security policies.

Strengthening capabilities The institutions are aimed at achieving better state control over the border territory, promoting effective control of illicit activities, and establishing mechanisms for the prevention, control and fight against smuggling and illegal border smuggling.

Article 2. (PURPOSE). This Law aims to protect the national territory in areas of

border, prevent the plunder of natural resources, promote the development of legal economic activities and implement measures and actions directed at to achieve food and energy security and to combat the illegal trafficking of goods in the Plurinational State of Bolivia.

Article 3. (PRINCIPLES). The principles underlying this Law are as follows:

SOVEREIGNTY: For the Plurinational State of Bolivia is a sovereign State, it exercises its supreme authority in all its territory and in particular in the borders; being integral development, security, prevention and struggle

against illicit trafficking in substances and goods, a way to establish Bolivian sovereignty.

ACCESSIBILITY: All Bolivians and Bolivians, and in particular indigenous nations and indigenous peoples. Farmers of the borders must be participants of the development projects in the territory to which they belong.

COMPLEMENTARITY AND CO-RESPONSIBILITY: The integral development of the border regions, the defense of the State and the fight against illicit trafficking of substances, products or goods, is The task of public institutions at the central level and the autonomous entities.

DEFENSE OF HERITAGE: All Bolivians and Bolivians, and in particular the public servants and public servants must protect the State resources within its entire territory.

CITIZEN RESPONSIBILITY: All citizens, have an obligation to contribute in the defense of the State and in the prevention and fight against illicit trafficking of substances, species, and merchandise.

SAFEGUARD and SECURITY: All citizens have a duty to contribute to the preservation of the security of the state and its assets.

CITIZEN security: State institutions and citizens in general must take efforts sets for the defense of people's rights and the fight against crime.

Article 4. (BORDER ZONE). For the purposes of this standard, the border zone shall be defined as the

fifty (50) kilometers from the border line.

CHAPTER II

border development and security council

Article 5. (COUNCIL FOR BORDER DEVELOPMENT AND SECURITY). The Council is created

for Border Development and Security, made up of the Ministers or Ministers of: Presidency, Defense, Government, Development Planning, and Economy and Public Finance.

Article 6. (FUNCTIONS OF THE COUNCIL FOR BORDER DEVELOPMENT AND SECURITY).

I. These are the functions of the Council for Border Development and Security:

Develop and coordinate strategies for the implementation of the object of this Law, in the framework of policies defined by the State.

Approve the execution of action plans for compliance with this Law.

Coordinate the execution of action plans with the entities involved, through the sector ministries, autonomous governments Municipal governments, autonomous departmental governments and indigenous indigenous autonomy farmers.

Require the necessary information to public and private entities for the fulfillment of their purposes and to administer it in the framework of the Constitution of the State.

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

Identify and prioritize border areas for the implementation of natural resource transformation and industrialization programs, projects for productive diversification, for the formalisation of activities economic, generation of culture, citizen responsibility and prevention of illegal border.

Approve the prevention and control mechanisms of border goods traffic.

Identify goods that are subject to a special traffic, storage, and/or marketing regime.

II. The Council will be convened by the Minister of the Presidency, periodically.

Article 7. (AGENCY FOR THE DEVELOPMENT OF MACRO-REGIONS AND ZONES

BORDERS? ADEMAF). The Agency for the Development of Border Regions and Border Zones-ADEMAF, is the responsible body for articulating the implementation of the decisions of the Council for Border Development and Security, in this framework, in addition to the functions set forth in your specific rule, will perform the following functions:

Propose strategies and mechanisms for comprehensive border development.

Run programs and/or projects aimed at promoting the development of border areas.

Contributing to the work of the public institutions with a presence at borders, to boost their development.

Articulate the work of entities in charge of preventing and combating smuggling at borders.

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

Other functions oriented to compliance with Council decisions for Border Development and Security.

Article 8. (FINANCIAL RESOURCES). For the fulfillment of the action plans established by the

Council for Border Development and Security, the General Treasury of the Nation? TGN, you can allocate the required resources according to financial availability.

Article 9. (DISTRIBUTION OF FUELS IN THE BORDER AREA).

I. As of the publication of this Law, are suspended in border areas, the processes in processing of application of

licenses, authorization of construction and operation of refueling stations for liquid fuels and

II.

II.

II. In the border areas where the Council for Border Development and Security determines which Fields

Bolivian Tax Oil? YPFB, will be the only retail marketer, the processes in procedure outlined in the preceding paragraph will be, definitely cancelled. In the other border areas, the National Hydrocarbons Agency? ANH will have the following suspended procedures available.

Article 10. (EXPROPRIATION).

I. The service stations located within the radius of fifty (50) kilometers of the border, are declared of

public need, being subject to the regime of municipal expropriation, prior payment of fair compensation.

II. The Council for Border Development and Security, will ask the respective municipal government for the expropriation that

corresponds, concluded the same, the municipal government will transfer to Yacimientos Petrolíferos Fiscales Bolivianos-YPFB

CHAPTER III

INTER-AGENCY ARTICULATION

Article 11. (INTERINSTITUTIONAL ARTICULATION).

I. Public entities directly or indirectly linked to the objectives of this Law, without prejudice to the exercise

of the powers and powers laid down in its specific rules, shall implement the defined action plans. for the Council for Border Development and Security.

II. The public entities required by the Council for Border Development and Security shall prioritize the

execution of the activities assigned in the action plans defined by that Council.

III. The public entities referred to, will refer to the Council for Border Development and Security, the information

required for compliance with the provisions of this Law.

Article 12. (PUBLIC MINISTRY). The Public Ministry will designate prosecutors in the border areas

prioritized at the request of the Council for Border Development and Security.

Article 13. (ARMED FORCES).

I. The Armed Forces through the Joint Commands, will execute the action plans approved by the Council

for Border Development and Security, within the framework of its fundamental mission established in the State Political Constitution.

II. In the event of a flagrant offence in the commission of the crimes set out in Chapter V of this Law, the Armed Forces through the Joint Commanders, will be able to carry out the operations without the the presence of the Public Ministry, and the competent authorities must be involved in the deadlines and terms established in Law No. 007 of May 18, 2010, of Amendments to the Criminal Normage System.

Article 14. (BOLIVIAN FISCAL OILFIELDS-YPFB).

I. In the areas identified by the Council for Border Development and Security, in coordination with Yacimientos

Yacimos Fiscales Bolivianos-YPFB, will define the quantities for the supply of products refined petroleum or industrialized and shall establish the necessary mechanisms for this purpose, informing the regulatory body, entity that will establish the technical and operational conditions for that purpose.

II. In these areas, the Council for Border Development and Security will be able to provide that Yacimas

Yacimientos Fiscales Bolivianos-YPFB is constituted as the only retail marketer for refined petroleum products, gas natural vehicular, industrialized and other.

Article 15. (NATIONAL HYDROCARBON AGENCY-ANH). The National Hydrocarbons Agency? ANH, will issue the specific regulations to regulate the technical conditions, authorizations and registration of the means and transport units of refined petroleum products or industrialized.

Article 16. (NATIONAL TAX SERVICE-SIN). The National Tax Service? Without

in coordination with the competent authorities, it shall establish the type of additional information to be included in the invoice for the purpose of controlling the flow in the sale of prohibited goods or with temporary suspension of export and/or State-subsidised hydrocarbons and/or food products subject to specific protection.

CHAPTER IV

PREVENTION AND CONTROL MEASURES

Article 17. (BANS).

I. The export of gasoline, diesel oil and liquefied petroleum gas by natural or legal persons, not

authorized by the National Hydrocarbons Agency-ANH is prohibited.

II. It prohibits the storage and sale of refined petroleum products or industrial products, by natural persons or

legal, public or private, national or foreign, except those authorized by the Agency National of Hydrocarbons-ANH for marketing in particular establishments or homes according to regulation.

III. The Executive Body by Supreme Decree, will temporarily suspend the export of other

domestic or imported goods with the grant of the Status.

Article 18. (SUPPLY OF PROHIBITED EXPORT PRODUCTS OR STATE SUBSIDIES).

I. The Council for Border Development and Security will be able to determine the establishment of unique suppliers, which

are in charge of the distribution and marketing of subsidized food, subject to specific or prohibited protection. for export and temporary suspension of export in the border areas, in order to guarantee the supply of these populations on the basis of minimum and maximum quotas to be defined by the sectoral ministries.

II. The competent ministries will take the necessary actions to comply with the

preceding paragraph.

III. The supply of refined petroleum products, Natural Gas Vehicle? NGV, industrialized and others, to means of

transport with plate of foreign circulation, will be realized to the international prices fixed by the regulatory body.

Article 19. (INVOICING OBLIGATION).

I. Paragraph V is incorporated into Article 164 of Law No. 2492 of 2 August 2003, Bolivian Tax Code, with

the following text:

V. When you verify the non-issuance of invoice, fiscal note or equivalent document for the sale of gasoline,

diesel oil and natural gas vehicles at service stations authorized by the competent entity, the penalty consist of the final closure of the establishment.?

II. A final paragraph is included in Article 170 of Law No. 2492 of 2 August 2003, Bolivian Tax Code,

with the following text:

? In the case of the sale of gasoline, diesel oil and natural gas vehicles in service stations authorized by the competent entity, the sanction will consist of the final closure of the establishment, without the possibility that it will be converted into fine.?

III. From the definitive closure arranged by the National Tax Service-SIN and until the execution of the act

that has the definitive closure of the service station, the National Agency of Hydrocarbons- ANH will proceed to the intervention of the same, authorizing to Yacimientos Petrolíferos Fiscales Bolivianos-YPFB its administration and operation.

In case of the recall of the act, the National Agency of Hydrocarbons-ANH will have the cessation of intervention and Yacimientos Petrolíferos Fiscales Bolivianos-YPFB proceed to the return of the resources generated by the retail margin by subtracting the administrative and operating expenses, during the regulatory intervention period issued by the Regulatory Body.

When the act provides the final closure acquires the quality of the res judicata, the regulatory body will revoke, without prior administrative procedure, the operating license of the refueling stations that commercialize gasolines, diesel oil and natural gas vehicles, and the resources generated during the intervention period will be owned by Yacimientos Petrolíferos Fiscales Bolivianos-

CHAPTER V

TRADE-LINKED OFFENSES AND SANCTIONS

OF HYDROCARBONS AND GOODS SUBJECT

TO SPECIFIC PROTECTION

Article 20. (INCLUSIONS TO THE CRIMINAL CODE).

I. Article 226 bis is incorporated into Law No. 1768 of March 18, 1997, Bolivian Penal Code, with the following text:

?ARTICLE 226 bis. (STORAGE, MARKETING AND ILLEGAL PURCHASE OF DIESEL

OIL, GASOLINE AND LIQUEFIED PETROLEUM GAS).

I. The one that stores or markets diesel oil, gasoline or liquefied petroleum gas, without being authorized by the entity

competent public, shall be punished with deprivation of liberty of three (3) to six (6) years and confiscation of the goods and instruments for the commission of the crime.

II. The person who acquires diesel oil, gasoline or liquefied petroleum gas from persons not authorized to

market them, will be sanctioned with deprivation of liberty of two (2) to four (4) years and the confiscation of the instruments for the crime.

III. The penalty will be aggravated by one-half of the maximum penalty, in case the person incurs both behaviors

established in the I and II paragrafes.

IV. The person authorized by the competent public entity to facilitate the marketing, storage and

illegal transportation of diesel oil, gasoline or liquefied petroleum gas, will be sanctioned with one-third of the maximum penalty set out in paragraph I of this Article and the definitive revocation of your license.?

II. Article 146a is incorporated into Law No 1768 of March 18, 1997, Bolivian Penal Code, with the following text:

?ARTICLE 146a. (FACILITATION OF SMUGGLING BY REASON OF THE CHARGE). The public servant who takes advantage of the functions directly or indirectly commercializes, authorizes the marketing, facilitates the intermediation of subsidized products or Prohibited from exporting for illegal departure from the territory of the Plurinational State of Bolivia, obtaining in this way money or other illegitimate advantage, will be sanctioned with deprivation of liberty of five (5) to ten (10) years.?

Article 21. (INCLUSIONS TO THE TAX CODE).

I. It is incorporated as Article 181 nonies of Law No. 2492 of 2 August 2003, Bolivian Tax Code, with the

following text:

? ARTICLE 181 nonies. (AGGRAVATED EXPORT SMUGGLING OFFENCE).

Comet aggravated export smuggling offense, which without the authority of the corresponding instance, incurs any of the following behaviors:

Extract from national customs territory or free zones, prohibited or suspended export goods, hydrocarbons and/or food with direct grant from the State subject to specific protection.

Try to extract prohibited or suspended export goods, and hydrocarbons and food with direct grant from the State subject to specific protection, by means of appropriate or unambiguous acts from national customs territory or free zones, and do not achieve consumption the offense for causes beyond its will.

Store prohibited or suspended export, hydrocarbon and/or food with direct grant from the State subject to specific protection, without complying with the legal requirements within a space of fifty (50) kilometres from the border.

Transport prohibited or suspended export goods, hydrocarbons and/or food with direct grant from the State subject to specific protection, without complying with legal requirements within a space of fifty (50) kilometers from the border.

This crime will be punished with deprivation of freedom from eight (8) to twelve (12) years and the confiscation of the

goods and the confiscation of the instrumentalities of the crime.?

II. The amount of numerals I, III and IV of Article 181 of Law No 2492 of 2 August 2003, Code

Bolivian Tax, as amended by Article 56 of the General Budget of the Nation-PGN, 2009, is amended. 200,000.-(TWO-HUNDRED THOUSAND 00/100 HOUSING PROMOTION UNITS) to 50,000.-(FIFTY THOUSAND 00/100 HOUSING PROMOTION UNITS).

III. A paragraph V is incorporated into Article 181 of Law No 2492 of 2 August 2003, Bolivian Tax Code,

with the following text:

?V. Those who import goods with partial support shall be prosecuted for the crime contraband by the total

of the same.?

IV. Paragraph VII is incorporated into Article 111 of Law No 2492 of 2 August 2003, Bolivian Tax Code,

with the following text:

?VII. In contravention and flagrant offences of smuggling of import and export of seized goods suitable for consumption and not subject to specific prohibition for their importation, they shall be delivered to the conclusion of the Act of Intervention as follows:

Twenty percent (20%) for the individual whistleblower, or forty percent (40%) to the reporting community or people.

Ten percent (10%) for the municipality where you are discover the commission of the illicit, for its distribution free of charge, through social support programmes.

In case of food products, 70% (70%) for the public entity in charge of its marketing, which can be reduced to 50% (50%) in case the complainant is the community or people.?

In goods that are difficult to distribute and/or deliver, the percentages

defined in the numerals 1 and 2 preceding the monetization of the same, shall be delivered to the complainants within ten days of the date of the Act. of Intervention.?

CHAPTER VI

MODIFICATIONS TO GENERAL CUSTOMS LAW

Article 22. (AMENDMENTS TO THE GENERAL LAW OF CUSTOMS).

I. Article 152 of Law No. 1990 of 28 July 1999, General Law of Customs, is amended with the following text:

? Express or voluntary abandonment is the act by which he who has the right of disposition on the goods, disclaims himself in favor of the State, either in whole or in part, expressing this will in writing to the administration customs.

The customs administration will accept the abandonment as long as the goods are in customs warehouses, tax warehouses or private stores, or are placed in them at the expense of the person concerned, and that by their nature and state of conservation can be arranged, not affected by any liens or

legal situation that can prevent their immediate disposition.

These goods will be awarded to public sector institutions, productive economic organizations, territorial organizations, private organizations without national profit, indigenous peasant organizations and natural persons, prioritizing those located in border areas, free of charge and exempt from the payment of customs duties of import by express resolution, The beneficiary must be paid with the costs involved storage service?.

II. Article 155 of Law No. 1990 of 28 July 1999, General Law of Customs, is amended with the following text:

? The abandoned goods will in fact be awarded to public sector institutions, productive economic organizations, territorial organizations, national non-profit organizations, indigenous indigenous organizations Farmers and natural persons, prioritizing those located in border areas, free of charge and exempt from the payment of customs duties of import by means of express resolution, the benefit to be paid with the expenses concerning the storage service.?

III. Article 156 of Law No. 1990 of July 28, 1999, General Law of Customs, is amended with the following text:

?I. Goods whose consignee is a public entity or project in which the State has a stake,

may only be dropped in fact or tacit by the causal link referred to in Article 153 (b). In order to avoid such a situation, the National Customs Office shall regularly notify public institutions which have goods stored under the temporary and customs warehousing arrangements, warning the remaining period for the same to fall. in abandonment.

II. In case such goods are declared in abandonment, the same will be awarded to institutions of the

public sector, productive economic organizations, territorial organizations, private non-profit organizations national, indigenous peasant and natural persons organizations, prioritizing those located in border areas, free of charge and exempt from the payment of customs duties of import by express resolution, Benefit from running with the expenses related to the storage service.

If the goods are not eligible for the award, they will be destroyed by the National Customs within the deadlines and

forms established in the regulation.

III. The public institutions will be able to request the release of the goods prior to their

award.

IV. The award or destruction of the goods shall not release from the responsibilities provided for in Law No.

1178 of 20 July 1990, of Government Administration and Control, to the public servants of the institutions of the fallen goods in abandonment.?

IV. Is incorporated as the second paragraph of Article 133 (l) of Law No. 1990 of July 28, 1999 Law

General of Customs, with the following text:

? Excluded from border traffic are goods prohibited or suspended from export, and oil and food with direct subsidies from the State subject to specific protection.?

ADDITIONAL PROVISIONS

First. At any time in the customs clearance procedure, the importer may demonstrate that

has been committed

In these cases, the National Customs Office will immediately authorize the release of the goods, after payment of customs duties and completion of formalities, and will proceed to the dismissal of the official, and the authorities must be sent a background to the authorities. competent for the application of the penalties laid down in Law No 037 of 10 August 2010 amending the Tax Code and the General Customs Law.

Second. The customs clearance of goods defined by the Council for the Border Development and Security

in coordination with the competent entities, will be carried out at the customs border, according to the operating regulations that it issues National Customs.

Third.

I. The refined petroleum products and industrialized ones seized, will be delivered to Yacimientos Petrolíferos Fiscales

Bolivianos-YPFB for immediate marketing.

II. The means and instruments used in the commission of the crimes, involving hydrocarbons, will be confiscated

in favor of the State and after its registration, will be definitively delivered in favor of the Petroleum Oil Fields Bolivianos-YPFB, for his administration.

Remitase to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-five days of March

of year two a thousand eleven.

Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, 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, four days of the month of April of two thousand eleven years.

FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Ruben Aldo Saavedra Soto, E. Viviana Caro Hinojosa, Luis Alberto Arce Catacora, José Luis Gutiérrez Pérez, Nilda Copa Condori.