irreversible or make it impossible to prosecute the offender, and must put the fact to the knowledge of the Forest Superintendence.

To perform the other faculties that are specifically delegated to them with the agreement of the parties in accordance with this law and its regulations.

CHAPTER IV OF GRANTING AND CONTROL OF FOREST RIGHTS

Article 26. (Origin and cross-compliance of forest rights) The rights of forest use are only acquired by the State in accordance with the law and are

preserved to the extent that their exercise involves protection and use sustainable forest and forest land, in accordance with the standards and requirements of the field.

Article 27. (Plan of management and program of supply and processing of raw materials)

The Management Plan is an essential requirement for all types of forest use, it is an indispensable requirement for the legal exercise of the activities forestry, forms an integral part of the resolution of concession, authorization or permission to remove and its compliance is mandatory. Protection areas and other uses will be defined in the management plan. Only the resources that are the subject of the Management Plan can be used.

The Management Plans must be drawn up and signed by forestry professionals or technicians, who will be responsible for the veracity and quality of the management. the information included. The implementation of the Management Plan shall be under the supervision and responsibility of those professionals or technicians, who act as auxiliary agents of the competent authority, producing the documents and reports that subscribe to public faith, under the responsibilities referred to in this law and its regulations.

For the granting and validity of the authorization of operation of primary processing centers for forest products, an annual report shall be submitted and updated. the supply of raw materials in which the sources and quantities are specified to be used, which must necessarily be from managed forests, except for duly authorised dismount cases. Such authorization constitutes an administrative license whose violation gives rise to the temporary suspension or final cancellation of activities, without prejudice to the civil and criminal penalties to which there would be.

Article 28. (Rights classes) The following forest utilization rights are established:

Forest assignment in fiscal lands.

Authorization to use on private land.

Dismount permits.

Article 29. (Forest Concession)

The forest concession is the administrative act by which the Forest Superintendence grants individual or collective persons the exclusive right to exploit forest resources in an area specifically demarcated from fiscal land. The treatment regime for wildlife, biodiversity, genetic resources and any other special character, is governed by the specific legislation of the field.

For the use of certain forest resources, included in the dealer's management plan by third parties, the concessionaire may, or shall be required by the competent authority in accordance with regulation, to subscribe to subsidiary contracts, maintaining the concessionaire responsible for all the resources of the given area. In the case of indigenous peoples ' groups, only subsidiary contracts will be provided.

voluntarily subscribed, but not the arbitration imposed by the Forest Superintendence. The regulation will determine the rules for the conclusion of subsidiary contracts, which will be of knowledge and approval of the Forest Superintendence.

Dealing with areas where non-timber resources are predominant from the commercial or traditional point of view, the concession shall be granted for this primary purpose by the holders of the exclusive right of use of the timber products. In these cases, the use of timber resources will require the respective adequacy of the Management Plan. Furthermore, where the primary purpose of the concession is the use of timber resources, the use of non-timber resources by its holder shall require the same adequacy and express authorisation for each new right which is

The forest concession:

It is constituted by administrative resolution that will determine the obligations and scope of the right granted. It shall also contain the obligations of the concessionaire, the legal limitations and the causals of revocation to which it is subject, as provided for in Article 5, 6 ° and 34 ° of this law.

It is granted for the use of forest resources authorized in an area without continuity solution, consisting of 100 meters per side grids, measures and oriented from north to south, registered in the forest land register of the country and whose vertices are determined by means of the Universal and Transverse of Mercator (UTM) projection, referring to the global geodetic system WGS-84 adopted by the Military Geographical Institute.

It is awarded for a period of forty (40) years, successively extended by the merit of the evidence of compliance accredited by the forest audits.

public nature, whose certificates give full faith in the information they contain.

It is susceptible to transfer to third parties with the authorization of the Forest Superintendence, after audit of compliance, according to the procedure (a) special provision for a regulation, in which case the transferee assumes full rights all the obligations of the transferor.

It establishes the obligation of the annual forest patent cash payment in three instalments payable as follows: 30% on the last working day of January, 30% on the last working day of July and 40% on the last working day of October. The protection and non-exploitable areas defined by the duly approved and effectively preserved Management Plan are exempt from the payment of forest patents, up to a maximum of 30% of the total area granted. The lack of effective protection of these areas or the use of forest resources in them is a cause for the revocation of the concession.

It establishes the obligation to protect the entire area granted and its natural resources,

" It is a public instrument that sufficiently warrants its holder to demand and obtain from the administrative, police and jurisdictional authorities the soon to be amparo and the effective protection of their rights, in accordance with this law and their regulations.

Allows the waiver of the concession, after qualified and independent external forest audit to determine the existence or non-compliance of the Management Plan, and must assume the renunciation of the

cost of such audit and, where applicable, the emerging obligations.

The others established by this law and its regulations. Article 30. (Rules for the afforestation)

The Forest Superintendence will call for public tender to award each concession, on the minimum annual forest patent base and the reference price list established by the Ministry of Sustainable Development and Environment, awarding the concession by administrative act to the largest offer. Between the call for tenders and the submission of tenders, at least a period of six months must be provided, of which at least 3 months must correspond to the dry season. The participation of the largest number of economic operators will be facilitated.

The tender process can be initiated at the request of an interested party or on the initiative of the Forest Superintendence. When it is at the request of a party, the process shall be carried out after certification of the national entity responsible for the Agrarian Reform in order to avoid overlays, with areas endowed or with duly recognized community lands.

As a prerequisite for the initiation of forest operations, the concessionaire must have the respective Management Plan approved. The right holder shall report annually until March with respect to past management, the execution of the Management Plan and update it at least every five years.

Article 31. (Forest Concession to social groupings of the place)

The areas of resources of chestnut, gum, palmito and the like will be granted with preference to traditional users, peasant communities and social groupings of the place.

The communities of the place organized by any of the modalities of legal personality provided for by Law No 1551 of April 20, 1994 or other established in the national legislation, will have priority for the granting of forest concessions on permanent forest production tax land. The Ministry of Sustainable Development and the Environment will determine reserve areas to grant concessions to such groups, in accordance with the provisions of Article 25 (a) of this Law.

The Superintendence Forestry will grant these concessions without a tender process, for the minimum amount of the forest patent. The other requirements and procedures for the application of this paragraph shall be laid down in the regulation.

The prerogatives of the foregoing paragraphs do not exonerate other legal constraints and conditions, particularly the delimitation of the areas of exploitation, elaboration, approval and fulfillment of management plans and of the obligation to present to the month of March each year a report of the activities carried out in the past management.

Article 32. (Authorization for use on privately owned land and on community land of origin)

The authorization of forest use on privately owned land can only be granted at the owner's request or with express consent and is subject to the same concession characteristics, except those that do not are applicable. The holder of the authorization pays the minimum patent on the area that is received annually according to the approved Management Plan. It is not subject to the pre-dial tax for areas of forest production and protection. It is revocable in accordance with this law.

Indigenous peoples are guaranteed to be exclusive in the use of forests in the Community lands of origin duly recognized according to Article 171 of the Political Constitution. of the State and Law No 1257 which ratifies Convention No. 169 of the International Labour Organization. The area covered annually is subject to the payment of the minimum forest use patent. The rules set out in paragraph IV of the previous article are applicable to these authorizations.

It does not require prior authorization of the right to traditional and domestic use, for subsistence purposes, of forest resources rural populations in the areas they occupy, as well as indigenous peoples within their community forest lands of origin. Owners are also guaranteed this right within their property for non-commercial purposes. The regulations will determine the protection resources against abuse of this right.

Article 33. (Forestry Inspections and Audits)

The forestry superintendence shall at any time, on its own initiative, at the request of a party or on behalf of third parties, carry out inspections to verify compliance with legal obligations and contractual, including the proper implementation and implementation of the Management Plan. For the same purposes, you can hire forest audits.

Any individual or collective person, duly assisted by qualified professionals, may make verification visits to field forestry operations, without hinder the development of the activities, after obtaining a visit from the local instance of the Forest Superintendence, according to a regulation

Every five years a qualified forest audit will be carried out independent of forest concessions by pre-qualified companies, the cost of which will be covered by the dealer.

The audits referred to in this article may be concluded in the following opinions, which shall be defined in the regulation: (a) compliance, (b) with subsable deficiencies and (c) for non-compliance. Compliance opinions, duly validated by the Forest Superintendence, lead to the automatic delivery of contract extension. The opinions of subsainable deficiency carry the same right once verified the subsanations by the Forest Superintendence and provided that they are carried out within the period of six months. Duly validated, non-compliance opinions carry the application of sanctions according to their severity, including reversal, in accordance with this law and its regulations.

Article 34. (Expiration)

The expiration of the afforestation and subsequent reversion proceeds by any of the following causals:

Compliance with the deadline.

Transfer of the concession to third parties without having complied with the procedures

Revocation of the concession and consequent reversal in favor of the State, in accordance with the legal provisions.

Change of use of the forest land.

Lack of payment of the forest patent.

Breaches of the Management Plan that affect essential elements of protection and sustainability, in accordance with this law and its regulations.

Failure to comply with contractual obligations subject to recall.

Rigen for the expiration of forest use authorizations on privately owned land, causes of the previous paragraph as soon as they are applicable to them.

Article 35. (Clearance permissions) Dismount permits will be granted directly by the local forest Superintendency instance and with

communication to the prefectures and municipalities of the jurisdiction, under the specific conditions that are established in accordance with the regulations of the subject matter and proceed in the following cases:

Land dismounts suitable for various uses.

Construction of firewall or transport paths, installation of lines of communication, electrical energy, public works or pest eradication, diseases and endemias.

Failure to comply with the conditions laid down in the permit gives rise to its recall, regardless of the fines, the obligations of the competent authority and other penalties.

CHAPTER V

OF FOREST PATENTS Article 36. (Forest patent classes)

The following patents are established in favor of the State for the use of forest resources, which do not constitute a tax, taking the hectare as a surface unit:

forest use, which is the right to be paid for the use of forest resources, calculated on the usable area of the concession established by the management plan.

The patent for dismount, which is the right to be paid for clearance permissions.

Article 37. (Amount of patents)

The amount of the forest exploitation patent shall be established by means of a tendering procedure, on the basis of the minimum basis of the equivalent in Bolivianos (Bs) to a United States Dollar (US$ 1) per Each year. The value of the profit-making patent resulting from the invitation to tender shall be adjusted annually on the basis of the exchange rate of that monetary sign. In addition, every five years the patent and the minimum base will be adjusted according to the weighted variation between the lists

original and updated product reference prices in primary state (wood simply sawn). The weighted variation shall be determined according to the behaviour of the prices and volumes of national production.

The patent for forest use for the use of forests on private land is established in paragraph 1 of the Article 32º of this law, subject to the system of readjustments provided for in the preceding paragraph.

The patent for the use of chestnut, gum, palmito and the like is equal to 30% of the amount of the minimum patent, provided that the authorization refers only to such products.

Universities and Research Centers in forest activities qualified by the Forest Superintendence that have duly granted forest areas, are exempt from the forest patent payment.

For the clearance permits, the patent will be the equivalent of fifteen times the value of the minimum patent and, additionally, the payment equivalent to 15% of the value of the wood used in the primary state of the disassembled area, according to regulation. However, the dismantling of up to a total of five hectares in land suitable for agricultural activities is exempt from patent. The buyer of the wood seized from the dismount to be able to transport it must pay 15% of its value in primary state, according to regulation.

Article 38. (Distribution of forest patents) Patents for forest use and dismount, will be distributed as follows:

Prefecture: 35% of the patent for use and 25% of the patent for dismount, by concept of

municipalities: 25% of the patent for the use and 25% of the patent for dismount, distributed according to the areas of use granted in their respective jurisdictions for the support and promotion of the sustainable use of forest resources and the implementation of social works of local interest, provided that the beneficiary municipality complies with the purpose of this contribution. The Forest Superintendence may require the National Senate to withhold funds, emerging from this law, from a particular municipality in the event of non-compliance with the functions detailed in Article 25 of this Law. If the National Senate admits the complaint, the disbursements from the distribution of the forest patents pertaining to the municipal government are suspended. As long as the National Senate definitively resolves the situation, the indicated resources will continue to accumulate in the observed municipal government account.

National Forest Development Fund: 10% of the patent for use More than 50% of the dismount patent and the liquid balances of the fines and auctions, for a trust fund for contributions to the classification, zoning, management and rehabilitation of basins and forest lands, Forest management, research, training and transfer of technologies

Forestry Superintendence: 30% of the forest harvesting patent.

Any surplus on the budget passed by law will go to the National Forest Development Fund. CHAPTER VI

OF PROHIBITIONS, CONTRAVENTIONS, OFFENSES AND SANCTIONS

Article 39. (Prohibition of concession). It is prohibited to acquire forest concessions, personally or by person, during the exercise of their

functions and up to a year after leaving office:

The President and Vice President of the Republic, Senators and Deputies, Ministers of State, President and Ministers of the Supreme Court of Justice, Magistrates of the Constitutional Court, Comptroller General of the

República, Vocales de las Cortes Superiores de Distrito, executive authorities of the Agrarian Reform and members of the Agrarian Judicature, Attorney General of the Republic, Superintendent General of Renewable Natural Resources, Superintendent Forestry, Prefects, Subprefects and Corregidors and Departmental Counselors, Mayors and Councilors, public servants of the Ministry of Sustainable Development and the Environment and the Forest Superintendence.

The spouses, ascendants, descendants up to the second degree of consanguinity of the public servants referred to in point (a).

The rights constituted prior to the publication of this law and those acquired by hereditary succession are saved.

Those who incur the established prohibition will lose the right and will be disabled for a new grant for five years, without prejudice to actions to take place.

Article 40. (Bans on foreigners) Individual or collective foreign persons will not be able to obtain under any title forest rights

within fifty kilometers of borders Article 41. (Contraventions and administrative penalties)

The violations of the National Forest Regime give rise to administrative sanctions of written admonition, progressive fines, revocation of the right granted and cancellation of the license granted, according to its severity or degree of recidivism.

The regulation shall establish the criteria and procedures for the application of administrative penalties. The scale of the fines will be based on incremental percentages of the amount of the patents for the use of forest or dismount, as appropriate, according to the seriousness of the violation or the degree of recidivism. The increase may not exceed 100% of the respective patent.

Constitute serious contraventions that give rise to the revocation of the right granted, those established and provided for in this law.

Article 42. (forest crimes)

Constituency offences of resistance to authority, disobedience and impediment or hindrance to the exercise of functions typified in Article 159, 160 ° and 161 ° of the Criminal Code, as appropriate, acts exercised against forest inspectors and auditors duly accredited by the competent authority and failure to comply with the decisions of the forest authority, the specifications and recommendations of the inspections and the reports and properly validated audit opinions.

Constitute circumstances aggravating the offences referred to in Articles 198, 199, 200 and 203 of the Criminal Code as appropriate, where acts of material or ideological falsehood, or the use of forged instruments, are referred to the Management Plan and its subsidiary instruments, supply programmes for raw materials, affidavits, reports and documents of forestry professionals and technicians, pliegos of charge and recommendations of forest inspections, reports and opinions of forest audits and other instruments established by this law and its regulation.

Constitute aggravating circumstances of the offence provided for in Article 206 of the Criminal Code when burning in forest areas is carried out without proper authorization or without observing regulations on controlled burning or affecting land protection, forest production, immobilization or protected areas.

Constitute acts of destruction and deterioration of state property and national wealth as defined in Article 223 of the Penal Code, the logging or burning of the tree cover on land of protection, forest production or immobilisation and in the areas protected, felling or burning on land with wooded cover suitable for other uses without the authorisation of the competent authority or without complying with the regulations of the matter, as well as the failure to comply with the Management Plan in respect of affect essential elements of forest protection and sustainability.

The use of forest resources without authorization granted by the authority constitutes an act of subtraction as defined in Article 223 of the Penal Code. competent or outside of the granted areas, as well as their marketing.

CHAPTER VII

OF CHALLENGES AND RESOURCES Article 43. (Recall) Administrative decisions made by the Forest Superintendent may be challenged by the person who is affected, when he demonstrates the damage to his or her property or protected rights by the law, bringing a recall to the same Forest Superintendent. This resource must be filed within 30 days of the published or notified resolution.

Article 44. (Resolution or administrative silence) The Forest Superintendent shall decide within 15 days of the appeal. Expired

that period without the Forestal Superintendent has been pronounced, the refusal of the appeal of recall and the hierarchical action before the General Superintendent shall be presumed in full right, before whom they must be raised of trades within five days.

Article 45. (Hierarchical resource) The resolutions refusals to the revoking resources pronounced by the Forest Superintendent may

be challenged within the fifteen days of its notification, through the interposition of the appeal This is the case with the General Superintendent of the System for the Regulation of Renewable Natural Resources (SIREREARE), the same one that he will order to be raised in the day. The Superintendent-General will decide, which will exhaust the administrative procedure, leaving the route of the contentious-administrative appeal to the Supreme Court of Justice expeditious.

Article 46. (Precautionary Measures) Resolutions delivered by the Forest Superintendent or other competent administrative authorities

, which determine the imposition of precautionary measures for immediate compliance in defence of the forest resources, conservation of ecosystems, biodiversity and the environment, will only admit administrative or jurisdictional resources in the return effect, maintaining these resolutions its effects and validity as long as it does not are revoked by superior authority and with res judicata quality.

TITLE III TRANSITIONAL PROVISIONS

FIRST. (Transition Regime)

Concedese, to the holders of forest harvesting contracts in force at the date of enactment of this law the benefit of voluntary conversion to the concession regime, until December 31, 1996, under the following conditions:

Only for the benefit of this benefit, the forest use contracts that are eligible for voluntary conversion will be considered, for all legal merit, as area priority assignments, with the consequent right of absolute preference to grant the concession.

It is appropriate to voluntarily reduce the areas granted for each contract and the partial conversion to the concessions regime provided that the fraction to be converted is a single unit, without solution of territorial continuity, reversing the remaining area to the domain of the State.

Be up to date on the payment of your forest obligations.

Pay the minimum patent with the readjustments set out in paragraph I of Article 37 ° of this law. This patent will be paid as follows:

For the first annuity payments will be made 50% until the last business day of 1996 and 50% until the last working day of July 1997.

For subsequent annuities 30% through the last business day of January, 30% until the last business day of July and 40% until the last business day of October.

The first annuity will be paid on the total area converted to the Concessions scheme. From 1998 onwards, it will be paid on the effectively usable extension of the converted area, defined in the Management Plan, duly approved in accordance with paragraph (f) of paragraph III of Article 29 ° of this Law. There is no right of return or repetition in case of emerging super-positions.

Rige for those who take advantage of this benefit the period of forty years from the date of the conversion, as well as the system of successive renewal.

Those who engage in voluntary conversion must submit a Management Plan no later than June 30, 1997 justifying the area they retain and the investments to be made.

The beneficiaries of the contractual conversion are subject to the provisions of the Nation's Forest Regime.

Those who do not accept the benefit of voluntary contractual conversion must be submitted to the Forestry Superintendence, during the same time limit set in the previous paragraph, a copy legalized by the receiving instance of the complete documentation supporting the regularity in the obtaining and preserving their right, in order to submit it to the respective technical-legal analysis and, where appropriate, to the corresponding forest audit.

The omission in the presentation of the supporting documentation within the set deadline will be rejected full of rights as evidence of insubsainable vices, which will give rise to the declaration of nullity of the contract and the consequent reversal.

The process of qualification of the forest harvesting contracts will be as follows:

If the technical-legal analysis determines the existence of vices that imply, in accordance with the law then in force, the nullity of the full right of the act, or in the breach of obligations that according to said legislation contractual resolution, the Forest Superintendence will issue the corresponding declaratory, the same one that will be done by means of an instrument of equal rank to the one that granted it.

The cases not included in the previous paragraph will be subjected to a qualified and independent forest audit to examine strictly, cash compliance with the legal, regulatory and contractual obligations in the performance of the contract, in the framework of the legislation then in force.

The opinions of the audits may be delivered in any of the following ways:

VALIDITY OF THE RIGHT: When the qualified and independent audit of the performance of the contract underpins its strict compliance, it will be valid for the remainder of the contract time, not being able to renew itself, under penalty of reversal. CONTRACTUAL RESOLUTION: When the breach of the contract of use and the Management Plan is evidenced, the declaration of termination of the contract and the automatic reversal of the right granted to the domain of the State. In this case, the Forest Superintendence will issue the corresponding administrative resolution of the contractual resolution by means of the same rank as the one that granted it, against which the resources of the challenge provided by the present law. III. Those who do not opt for voluntary conversion to the concession regime shall submit an updated Management Plan until 31 December 1996. For these cases, the Forest Superintendence will periodically readjust the corresponding payment obligations established in the legislation in force at the date of subscription of the respective contracts of use.

SECOND. (Budget) Authorize the Ministry of Finance to meet the budgetary requirements of the Forest Superintendency

for the present fiscal year, including expenses incurred in audits and other activities of the Ministry of Finance. Transition process of the Forest Regime of the Nation.

THIRD. (On the rights of mount and use)

As long as the corresponding adjustments are established all the rights of the mountain and the single use, as well as the amounts of fines and auctions will be transferred to the Superintendence Forest, for later distribution according to this law.

Authorize the Forest Superintendence to establish a transitional exception regime for cases of small properties up to 200 hectares, which will be taken advantage of under single contract mode, to continue charging by volume, until

FOURTH. Enter regular modalities in accordance with this law and its regulations.