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LAW N° 3058
Inasmuch as the Honorable National Congress has sanctioned the following Law, in
accordance with the prescribed thing by Article 78 of the Political Constitution of the
State, I promulgate it so that it is had and it fulfilled like Law of the Republic:
HYDROCARBON LAW
TITLE I
REACHES OF The HYDROCARBON LAW And EXECUTION And
FULFILLMENT Of the REFERENDUM OF JULIO 18, 2004 ABOUT
HYDROCARBONS POLICIES IN BOLIVIA
CHAPTER I
CHAPTER II
EXECUTION And FULFILLMENT Of THE REFERENDUM I
This chapter intends the execution and fulfillment of the results of the Referendum of
July, 18, 2004 that formulates the decision of the town of Bolivia.
One recognizes the value of the Natural Gas and other hydrocarbons like strategic
resources, that they help to the objectives of economic and social development of the
country and to the foreign policy of the Bolivian State, including the profit of a useful
and sovereign exit to the Pacific Ocean.
By sovereign mandate of the Bolivian town, expressed in the answer to the question
number 2 of the Binding Referendum of 18 of 2004 July, and in application of the
Article 139° of the Political Constitution of the State, recovers the property of all
hydrocarbons in Well Mouth for the Bolivian State. The State will exert, through Oil
fields Fiscal Bolivians (YPFB), its proprietary right on the totality of hydrocarbons.
Holders that had subscribed Contracts of Shared Risk to execute the activities of
Exploration, Operation and Commercialization, and had obtained licenses and
concessions under protection of the Hydrocarbon Law, N° 1689, of 30 of April of 1996,
they will have to become obligatorily to the established contract modalities the present
Law, and to adapt to its dispositions in the term of one hundred eighty (180) days
calendar computable from its use.
Refunded Oil fields Fiscal Bolivians (YPFB), recovering the state property of the
actions of the Bolivians in the oil companies capitalized, so that this Estate Company
can participate in all the productive chain of hydrocarbons, reconstructing the Bottoms
of Collective Capitalization and guaranteeing the financing of the BONOSOL.
The Executive authority, within the established Economic regime in the Political
Constitution of the State, will be responsible for:
a) To establish the policy for the development and opening of markets for the
Export of the gas.
b) To promote the massive consumption of the gas in all the national territory to
improve the quality of life of the Bolivians, to dynamic the productive base and
to elevate the competitiveness of the national economy.
c) To develop to the policy and the incentives for the Industrialization of the Gas
in the national territory.
d) To foment the participation of the sector deprived in the Export of the Gas and
its Industrialization. The Executive authority will destine the originating
national income of the export and industrialization of the gas, mainly, to the
attention of the education, health, ways and uses.
Is arranged that the State will retain the fifty percent (50%) of the value of the gas
production and petroleum, according to the mandate contained in the answer of the
question 5 of the Law of the National Referendum of July,18 2004
TITLE II
GENERAL DISPOTITIONS
The Bolivian State will foment the industrialization of hydrocarbons and the
execution of other activities directed to the use and the processing of these in its
territory in benefit of the National Development, granting incentives and creating
favorable conditions for the national and foreign investment.
ARTICLE 14°. - (Public Service).
The companies that make the activities to which refer the present Law, in the
personnel hiring, they will not be able to exceed the fifteen percent (15%) of
foreign civil employees, and will include/understand the administrative, technical
and operative areas, reason why they will have to contract personnel of national
origin, the one that will be protected by the General Law of the Work.
CHAPTER II
OF The PROPERTY And EXECUTION OF The POLITICA OF
HYDROCARBONS
Deposits of hydrocarbons, whatever it is the state in which they are or the form in
that they appear, are of direct, inalienable and imprescriptibly dominion of the
State. No contract can confer the property of the hydrocarbon deposits neither of
hydrocarbons in Mouth of Well nor until the point of control. Titular of a Contract
of Shared Production, Operation or Association is forced to give to the State, the
totality of Hydrocarbons produced in the contractual terms that are established by
this one.
The hydrocarbons activity will subject in all the cases to the Article 25° of the
Political Constitution of the State.
CHAPTER III
The Hydrocarbon Ministry, in the matter of hydrocarbons, has like attributions the
following ones:
a) To formulate, to evaluate and to control the fulfillment of the National
Hydrocarbon Policy.
b) Norma within the framework of its competition, for the suitable application of
the present Law and the execution of the National Hydrocarbon Policy.
c) To supervise to the fulfillment of legal dispositions and norms in the matter of
hydrocarbons.
d) To determine the prices of hydrocarbons in the Point of Control for the payment
of the exemptions, repayments and participation, according to the norms
established in the present Law.
e) To establish the Policy of prices for the internal market.
f) To establish the Policy of export for the hydrocarbon sale. g) the other
attributions established by Law.
Refund Oil fields Fiscal Bolivians (YPFB) like Company Autárquica of Public law,
under the tuition of the Hydrocarbon Ministry. YPFB will be constituted by a
Directory, President Executive and two Vice-presidencies. First of Administration
and Control and the second Operative one so that they participate in all the oil
activities.
I. YPFB to name of the Bolivian State it will exert the proprietary right on the
totality of hydrocarbons and will represent the State in the Oil Contract
subscription and execution of the activities of all the established productive
chain in the present Law.
II. The structure, functions and the conformation of the Directory, with
participation of the Producing Departments, will settle down in its Statutes,
such that will be approved according to the effective norms.
III. President Executive is the Maxim YPFB authority and Presides over the
Directory.
IV. The Vice-presidency of Administration and Control will have the following
competitions:
a) To negotiate the subscription of established Oil Contracts in the present
Law, with individual or collective people, national or foreign, of public
or deprived right, the ones that will be approved by the Directory and
subscribed by the President of YPFB.
b) To administer Oil Contracts.
c) To control the activities of Exploration and Operation, coming up
damages to the deposits and maximizing the production.
d) To control the hydrocarbon production in quality and volume for tax
effects, exemptions and participation.
e) To assume the roll of aggregator, salesman and administrator in
Contracts of Natural Gas Export, where YPFB subscribes such and the
Bolivian State is the manager.
f) To assume the administration of the National Center of Information
Hydrocarbons (CNIH).
g) Other inherent functions to its nature or that emerge from the present
Law.
V. The Vice-presidency of Operations, will have the following competitions:
a) To operate and/or to participate in all the activities of the productive
chain of hydrocarbons by himself or by means of the conformation of
societies according to the Code of Commerce.
b) To negotiate the conformation of societies of mixed economy to
participate in the activities of Exploration and Operation and in any
other activity of the productive chain of Hydrocarbons.
c) To receive and to contribute assets, concessions, privileges, projects and
other goods or rights, for the constitution or participation in societies.
The Directory and the Executive Presidency will have like Seat to the city of La Paz;
the Vice-presidency of Administration, Contracts and Control of YPFB will have as
Host and will work with all its structure and dependencies, the National Management of
Control and the National Center of Hydrocarbons Information in the Province Great
Chaco of the Department of Tarija. By its side the National Vice-presidency of
Operations will have as Host and will work with its structure in Santa Cruz;
establishing in Camiri the National Management of Exploration and Operation. The
Vice-presidency of Operations will have the following Decentralized Managements:
The Management of Industrialization will have its Seat in the city of Cochabamba and
will exert competition on the Industries of Transformation of Hydrocarbons in the
country; the Management of Duels and Gas Networks will have as Host to the city of
Sucre and on her all the infrastructure of Transport will depend; Hydrocarbons,
Products and Projects of Natural Gas Networks and the Management of
Commercialization will work in the city of La Paz. The Oil Companies that operate in
the country will have to establish offices in the mentioned Seats and the Departments in
which they operate.
When Oil fields Fiscal Bolivians (YPFB) directly execute the hydrocarbons
activities like autarkic company, he is forced to pay the exemptions, repayments
and participation according to the established thing in the present Law.
CHAPTER IV
PROHIBITIONS And INCAPACITATIONS
Fiscal Bolivians can participate with Oil fields (YPFB) in anyone of the settled
down contract modalities in the present Law, neither to obtain concessions nor
licenses, directly or indirectly, nor to comprise of commercial societies to make
the hydrocarbons activities described in the Article 30°, under sanction of
invalidity of the act:
a) The people who exert the positions of: President and Vice-president of the
Republic; Senators and Deputies; Ministers of State; President and
Ministers of the Supreme Court of Justice, the Constitutional Court and the
Council of the Judicature; General prosecutor of the Republic and Public
prosecutors of District; President of the Central bank of Bolivia; Defender
of the Town; Controller and Sub controllers of the Republic;
Superintendents of all the Systems and civil employees of the System of
Regulation Sectorial (SIRESE); civil employees of the Hydrocarbon
Ministry and the organizations of its dependency; Director of the
Environmental Unit of the Vice ministry of Hydrocarbons; Ordered of the
Hydrocarbon Area of the Ministry of Sustainable Development; Director of
Offices of Pursuit and Control of the environment (OSCA) of the Vice
ministry of Hydrocarbons, civil employees of YPFB; Presidential Delegates;
Generals, Heads and Officials of the Armed Forces and the National, in good
condition active Police; Departmental prefects, Subprefectos and Counsel;
Municipal mayors and Councilmen;
b) The spouses of the people to that the previous interjection, their ascending,
descending ones talks about and collateral relatives until the second degree
of consanguinity or affinity. The prohibitions mentioned in interjection a) of
the present Article will extend up to two years after stopping in their
functions.
The servants public who have carried out the positions of Hydrocarbon
Minister, Hydrocarbon Vice-minister and Chiefs of a main directorate in the
Hydrocarbon Area in the Hydrocarbon Ministry; Presidential delegate for the
Revision and Improvement of the Capitalization, members of the Directory of
YPFB, President Executive, Vice-presidents and Managers or their equivalent
one in YPFB that had concluded their stopped mandate or in their functions or
had retired of the organization that correspond, will not be able to work directly
in the hydrocarbons companies that have relation with Oil fields Fiscal
Bolivians (YPFB), by four years from the cease of their functions in the public
administration.
TITLE III
OF ACTIVITIES HYDROCARBONS
CHAPTER I
The Hydrocarbons Activities are of interest and public utility and enjoy the
protection of the State, and they are classified in:
a) Exploration;
b) Operation;
c) Refinement and Industrialization;
d) Transport and Storage;
e) Commercialization;
f) Natural Gas Distribution by Networks.
ARTICLE 32°. - (Of the Hydrocarbons Activities and the Protected Areas).
CHAPTER II
EXPLORATION And OPERATION
To the effects to define the Area of Contracts established in the present Law,
the Executive authority by means of Supreme Decree, it will divide the national
territory in parcels that will conform the Contract Areas, as much in Traditional
declared Zones as non Traditional. Of periodic way and by means of Supreme
Decree the Executive authority will determine the incorporation of new
Traditional Zones on the basis of criteria of geologic knowledge, commercial
hydrocarbon production and existing infrastructure. For the indicated activities
in interjections a) and b) of the Article 31° of the present Law, the area of a
Contract, will be conformed by a Maxim extension of forty (40) parcels in
Traditional Zones and of four hundred (400) parcels in nontraditional Zones.
Areas of hydrocarbons interest in nontraditional Traditional Zones as in favor
of YPFB will be reserved as much, so that it develops to activities of
Exploration and Operation by himself or in association. These areas will be
granted and granted to Oil fields Fiscal Bolivians (YPFB) with priority and will
be adjudged of direct way.
The free areas within the area of hydrocarbons interest, will be adjudged by
means of international public tender, excluding the areas reserved for Oil fields
Fiscal Bolivians (YPFB). The Executive authority by means of Prescribed
Decree, will establish the regularity of the nominations and tenders and also
will name of office or will admit requests for the nomination of areas and will
fix the guarantee of seriousness of the proposals. The Hydrocarbon Ministry
will define for the tender of each name area the valuation of awarding, having
in consideration one or more of the following criteria:
a) Units of Work for obligatory first stage of the period of Exploration, in
addition to the minimum number of Units determined by means of
Prescribed Decree.
b) Payment of a Bond to the Contract company/signature, with destiny to the
General Treasure of the Nation (TGN).
c) Payment of an additional participation to the fixed one to the present Law,
with destiny to the General Treasure of the Nation (TGN).
d) Payment of a participation in the utilities after taxes.
e) Percentage of participation of Titular in the production. The call to
international public tenders and the awarding of name areas will be made
by Oil fields Fiscal Bolivians (YPFB) in act witnessed by notary public.
They are prohibited the modalities of hiring by direct invitation or
exception specifically.
ARTICLE 35°. - (Tenders for Activities of Exploration and Criteria of
Awarding).
The free areas within the area of hidrocarbonso interest, will be adjudged by
means of international public tender, excluding the areas reserved for Oil fields
Fiscal Bolivians (YPFB). The Executive authority by means of Prescribed
Decree, will establish the regularity of the nominations and tenders and also
will name of office or will admit requests for the nomination of areas and will
fix the guarantee of seriousness of the proposals. The Hydrocarbon Ministry
will define for the tender of each name area the valuation of awarding, having
in consideration one or more of the following criteria:
a) Units of Work for obligatory first stage of the period of Exploration, in
addition to the minimum number of Units determined by means of
Prescribed Decree.
b) Payment of a Bond to the Contract company/signature, with destiny to the
General Treasure of the Nation (TGN).
c) Payment of an additional participation to the fixed one to the present Law,
with destiny to the General Treasure of the Nation (TGN).
d) Payment of a participation in the utilities after taxes.
e) Percentage of participation of Titular in the production. The call to
international public tenders and the awarding of name areas will be made
by Oil fields Fiscal Bolivians (YPFB) in act witnessed by notary public.
They are prohibited the modalities of hiring by direct invitation or
exception specifically.
The initial term of Exploration will not be able to exceed seven (7) years in
Traditional Zone and ten (10) years in nontraditional Zone, divided in three
phases: Traditional Zone Nontraditional Phase 1: The 3 years 1 to Phase 1:
The 5 years 1 to Phase 2: 5 years 4 and Phase 2: Aged to the 8 Phase 3: 7
years 6 and Phase 3: Years 9 and 10 For the reconnaissance areas whose
original extension is greater to ten (10) parcels, an amount of area according to
the following detail will be due to resign and to give back: When finalizing
Phase 1, will be due to resign and to give back not less than the twenty percent
(20%) of the original area of Exploration in excess of ten (10) parcels. When
finalizing Phase 2, will be due to resign and to give back not less than the thirty
percent (30%) of the original area of Exploration in excess of ten (10) parcels.
When finalizing Phase 3, will be due to resign and to give back the one
hundred percent (100%) of the remaining reconnaissance area, in case that
Titular had not declared until then a commercial discovery, or is not making
use of the period of retention. The minimum of Units of Work for each phase
will be determined by means of Prescribed Supreme Decree.
ARTICLE 37°. - (Additional Period of Exploration and Return of Area).
When Titular carried out the discovery of one or more hydrocarbon fields, those
that by nonexistence or insufficiency of transport and/or lack of market or
limitations to their access, were not declared commercial according to the
Certification of YPFB, will be able to retain the area of the field, by a term of up to
ten (10) years, computable from the date of communication of the commercial
discovery to Oil fields Fiscal Bolivians (YPFB) and to the Hydrocarbon Ministry. I
To the victory of the term of anyone of contracts or to its completion by any cause,
the area will be given back by Titular to the State by means of Oil fields Fiscal
Bolivians (YPFB), later to be name, to be bid and/or to be adjudged according to
hereby arranged the Law. Titular, that fulfills its contractual obligations in any
phase of Exploration, will be able unilaterally to finish the contract without later
responsibility, except for the obligations established by Law, communicating this
decision to Oil fields Fiscal Bolivians (YPFB) with copy to the Hydrocarbon
Ministry, coming to the return of the area of the contract and giving all the free
obtained and obligatory data.
All request of Titular for the Natural Gas Injection of a Producing Reservation to a
Receiving Reservation will have to be under the control of Oil fields Fiscal
Bolivians (YPFB) and to be approved by the Hydrocarbon Ministry and to
persecute the following objectives:
a) To conserve the productive conditions of the deposit.
b) To conserve the Natural Gas that of another way it would have to be burned.
c) To execute projects of improved Liquid Hydrocarbon recovery.
d) To improve the capacity of delivery of the Bolivian Natural Gas during periods
of high demand.
e) To optimize the production of Liquid Hydrocarbons and other components
associated to the gas in the Producing Reservation, when market for the gas
does not exist. All the re injection that implies a transference of a Producing
Reservation to a Receiving Reservation located in different departments, will be
subject pursuant to regulation or rule that will contemplate to the calculation
and the payment of the departmental Exemptions corresponding to Producing
Reservation at the moment of the transference of the Natural Gas.
TITLE IV
REGIME OF PATENTS, ROYAL RIGTHS, PARTICIPATION And RATES
CHAPTER I
Oil fields Fiscal Bolivians (YPFB) will cancel to the General Treasure of the Nation
(TGN) the settled down annual Patents in the present Law, by the subject areas to Oil
Contracts. The Patents will be paid by advanced annuities and to the subscription of
each contract initially, by twelfth if the term with (1) a year did not agree calendar,
independently of the taxes that correspond to the indicated activities.
Titular will reimbursement to Oil fields Fiscal Bolivians (YPFB) the totality of the
amounts paid by concept of Patents, reimbursement that will become cash within the
thirty (30) days of being notified with the corresponding certification of payment. The
amounts reimbursed by this concept will constitute a cost to enter themselves by whom
it carries out the reimbursement, but will not be able to be used like fiscal credit.
If the area of one of Oil Contracts is reduced by partial resignation, the Patents will be
paid only by the area that is retained after the reduction and they will become effective
from first of January of the following year, being place to return or no compensation per
smaller periods (1) to a year calendar.
In areas described like Traditional Zones, the annual Patents will be paid in national
currency with value maintenance, according to the following updated scale to the month
of March of 2005: 1, Phase 1 Bs. 4,93 by hectare. 2, Phase 2 Bs. 9,86 by hectare. 3,
Phase 3 Bs. 19,71 by hectare. 4, Phase 4 in ahead, Bs. 39.42 by hectare. The Patents
for nontraditional Zones, settle down in the fifty percent (50%) of the values indicated
for the Traditional Zones. Any period of Retention and Operation in Traditional or
nontraditional Zones, will force to the payment of Bs. 39.42 by hectare, with value
maintenance. The modality of payment and maintenance of value of the Patents will be
regulation object.
The General Treasure of the Nation (TGN) in a period of thirty (30) days of received the
Patents will transfer the fifty percent (50%) of the value from the same ones to the
Municipalities in whose circumscriptions are the oil concessions that they generate the
payment of those with destiny solely to programs and investment projects publishes
and/or environmental management. The rest fifty percent (50%) will be used by the
Ministry of Sustainable Development for programs and projects of public investment
and environmental management in the producing hydrocarbon departments.
CHAPTER II
ROYAL RIGTHS, PARTICIPATION AND TRIBUTARY RAGIMEN
SECTION I
ROYAL RIGTHS AND PARTICIPATION
Titular is subject to the payment of the following exemptions and participation on the
controlled production, payable of monthly way in American Dollars, or their equivalent
one in national currency, or species to election of the beneficiary. 1. An Exemption
Departmental, equivalent to the eleven percent (11%) of the Controlled Departmental
Hydrocarbon Production, in benefit of the Department where the production is
originated. 2. A National Exemption Compensatory of the one percent (1%) of the
National Production Controlled of Hydrocarbons, payable the Departments of Beni
(2/3) and Bulging (1/3), of conformity to the arranged thing in the Law N° 981, of 7 of
March of 1988. 3. A participation of the six percent (6%) of the Controlled National
Production in favor of the General Treasure of the Nation (TGN).
SECTION II
DIRECT IMPOSED TRIBUTARY REGIME To HYDROCARBONS
Create the Direct Tax to Hydrocarbons (IDH), that will be applied, in all the national
territory, to the hydrocarbon production in Well Mouth, that will be moderate and pay
like the exemptions, according to established in the present Law and its regulation. I
1. The object of the IDH is the production Hydrocarbons in all the national
territory.
2. The generating fact of the tributary obligation corresponding to this Tax is
perfected in the point of control of produced hydrocarbons, on time of the
adjustment for its transport.
3. All natural or legal, public or deprived person is subject liabilities of the IDH,
who produces hydrocarbons in any point of the national territory.
ARTICLE 56°. - (Prices for the valuation of exemptions, participation and IDH).
The Oil Companies that operate in Bolivia, will not have to make deposit or
direct payment to their First House of the originating resources of the sale or
hydrocarbon export, without previous fulfillment with established in the
Article 51° of the Law N° 843 (Ordered Text effective). In case of breach
the passive subjects will be sanctioned according to the forecasts of Law Not
2492 of the Tributary Code.
The State guarantees and will promote the conducted investments and to
take place in national territory for industrialization in all and each one of the
oil activities and in anyone of the forms of economic or contractual units
allowed by the national and concordant legislation to had in the Article 100°
the present Law.
They will accede the present to the incentives anticipated in Chapter, all the
natural or legal people who carry out the investment to the activities of
Natural Gas industrialization, when they fulfill the following conditions or
requirements:
1. That the investment is made after the publication of this Law.
2. Jeopardize a minimum permanence of ten (10) years in the national
territory.
3. Be propose by an investor who adopts a constituent, participative legal
form or associative, recognized by the Code of Commerce, the Civil
Code, hereby Law, or by special legal dispositions and is in the Registry
of Commerce or the registry that corresponds.
TITLE V
OF OIL CONTRACTS
CHAPTER I GENERAL CONDITIONS
Once initiate the production, Titular is forced to give to Oil fields Fiscal
Bolivians (YPFB), the totality of produced hydrocarbons. Of the total
produced and given to Oil fields Fiscal Bolivians (YPFB), Titular will have
right to a repayment under the Contract of Operation and to a participation
in the hydrocarbon production in Contracts of Shared Production and
Association, the same one that will be contemplated in the respective
Contract.
CHAPTER II
OF THE COMMON CONDITIONS TO CONTRACTS OF SHARED
PRODUCTION, OPERATION AND ASSOCIATION
The Controversies that provoke between Oil fields Fiscal Bolivians (YPFB)
and Holders or Contractor, in the occasion of the interpretation, application
and execution of contracts will solve of conformity to the norms established
in Articles 24°, 135°, 228° and others of the Political Constitution of the
State and the Laws of the Republic.
The companies that subscribe Oil Contracts by virtue of the present Law,
enjoy the guarantee of the State of the Free originating Availability of
Makes out of their income of export; also, the free convertibility of its
income by sales in the internal market is guaranteed.
CHAPTER III
OF THE CONDITIONS YOU SPECIFY OF CONTRACTS OF
SHARED PRODUCTION
Titular will take its accounting with base to a uniform system of accounts to
be approved by Oil fields Fiscal Bolivians (YPFB). The Net Production
will be certified by Oil fields Fiscal Bolivians (YPFB) monthly to determine
the production costs. Oil fields Fiscal Bolivians (YPFB) will annually
determine the valuation of the Net Production with base to an audit, that will
determine the costs of the production.
CHAPTER IV
OF THE CONDITIONS YOU SPECIFY OF OPERATION
CONTRACTS
Contract of Operation, is that by which Titular will execute with its own
means and by their exclusive account and risk, to name and representation
of Oil fields Fiscal Bolivians (YPFB), the operations corresponding to the
activities of Exploration and Operation within the area matter of the
contract, under the system of repayment, according to the established thing
in the present Law, in case of entering to the activity of Operation. Oil
fields Fiscal Bolivians (YPFB) will not carry out investment some and he
will not assume any risk or responsibility in the investments or results
obtained related to the contract, having to be exclusively Titular that
contributes the totality of the capitals, facilities, equipment, materials,
personnel, technology and other necessary ones.
Oil fields Fiscal Bolivians (YPFB) will repay to Titular by the services of
operation, with a percentage of the production, in money or species. This
payment will cover the totality with its costs of operation and utility.
Oil fields Fiscal Bolivians (YPFB) on the other hand will pay the
Exemptions, Taxes and Participation on the production plus the taxes that
correspond to him.
The Unit of Pursuit will supervise the execution of all the operations and
Control integrated by representatives of Oil fields Fiscal Bolivians (YPFB)
and of Titular, same that will begin to work so soon subscribes the contract.
Their attributions and form of representation will be established in a
Regulation approved by the Hydrocarbon Ministry.
CHAPTER V
OF The CONDITIONS YOU SPECIFY OF ASSOCIATION
CONTRACTS
Oil fields Fiscal Bolivians (YPFB) will have the option to be associated
with Titular of a Contract of Operation that had carried out a commercial
discovery; for this effect the Contract of Operation will be able to anticipate
stipulations to exercise the option to be associated. The Contract of
Association will establish the participation on the production for each one of
the parts. The administration and operation of this contract will be under
the responsibility of an Operator designated by the Associate.
The Operator will distribute to the associate his net participation after the
payment of Royal rights and Participation. The Operator is forced to pay to
the Exemptions, Participation and Taxes settled down in the present Law
and the settled down Taxes of the General Regime in the Law N° 843
(Ordered Text).
TITLE I
SAW COMMERCIALIZATION OF PRODUCTION OF REFINED
PRODUCT FIELD And INDUSTRIALIZED, HYDROCARBON
TRANSPORT BY DUCTOS, NATURAL GAS REFINEMENT,
STORAGE AND DISTRIBUTION BY NETWORKS
CHAPTER I
COMMERCIALIZATION OF THE FIELD PRODUCTION
Oil fields Fiscal Bolivians (YPFB) will be the Agregador and/or salesman
for all Natural Gas export that becomes from and the Bolivian territory,
assigning the required volumes to the producing companies, according to
the following thing.
1. The allocation of volumes for existing contracts of export, will become
according to the norms of the present Law.
2. The Producing Companies that obtain markets of Natural Gas export
by direct negotiation, will establish with Oil fields Fiscal Bolivians
(YPFB) the allocation of corresponding volumes for the aggregation.
3. When the Natural Gas export is direct consequence of agreements
between the Bolivian State, other States or Companies, Oil fields Fiscal
Bolivians (YPFB), previous invitation to legally settled down Holders in
the country, will assign the volumes required for the export on the base
of the lineaments of the Planning of Oil Policy.
4. In order to cover the costs with Agregador, Oil fields Fiscal Bolivians
(YPFB) by all export that makes like Agregador, will emit to each
producer an invoice by services of aggregation by an amount equivalent
to the average percent (0.5%) of the gross amount invoiced in the
distributing point to the buyer, excluding the cost from the transport, and
in the proportion that corresponds to him to each producer.
The price of export of the Natural Gas will be able to frame in the prices of
competition liquid gas where consumption of gas and gas-gas in the markets
does not exist where gas consumption exists.' In no case the prices of the
internal market for the Natural Gas will be able to exceed the fifty percent
(50%) of the minimum price of the export contract. The Price of the
Natural Gas Rico of export could be made up of the Natural Gas Undressed
and its content of liquefiable. The Undressed Natural Gas will have a
maximum content of one and average percent (1.5%) to molar of dioxide of
carbon, means percent (0.5%) to molar of nitrogen and a superior calorific
power in maximum Dry Base of thousand (1.000) BTU by cubical foot. In
order to settle down the characteristics of the Undressed Natural Gas of
Export Rico of export will be applied to the Natural Gas the yields of
separation of liquefiable of an disturb-expansion plant.
CHAPTER II
COMMERCIALIZATION IN THE INTERNAL MARKET
The Regulator will fix for the internal market, the maximum prices, in
national currency, and the respective parameters of update, according to
Regulation, for following products:
a) Crude petroleum and GLP, taking like reference the Parity of Export of
the reference product.
b) Regulated Products, taking like reference the prices from the indicated
raw material in interjection a preceding.
c) For regulated products mattered, they will pay attention taking like
reference the Parity from Import.
d) Natural Gas, considering the prices of existing contracts and
opportunity of market.
CHAPTER III
HYDROCARBON TRANSPORT BY DUCTOS
When one grants concessions of transport, it will be taken care of that the
tariffs do not increase in price by New Projects and Operations. In the case
that determines that a new project or operation cause damages to the
existing system, one will settle down the compensations that that new
concessionaire must pay to the system.
CHAPTER IV
REFINEMENT And INDUSTRIALIZATION I
The Companies that industrialize hydrocarbons, they will be able to construct and to
operate the Ductos dedicated for the transport of hydrocarbons to be used like raw
material for its production. These facilities do not contemplate tariff, nor are subject to
free access, these industries will not be able to participate in co-generation of electricity
except for express authorization of the Hydrocarbon Ministry, for isolated systems with
social character.
CHAPTER V
STORAGE
Para to exert the activity of liquid and gaseous fuel Storage, will grant by the
Regulating Being authorizations and licenses of construction and operation for
Plants of Storage to legally established companies, previous fulfillment of legal,
economic, technical requirements and of industrial and environmental security. The
maximum margins perceived by storage will be determined on the basis of Criteria
of technical and economic efficiency. The companies dedicated to this activity
assume the responsibility on the reception, storage, quality and office of the
hydrocarbons, for whose effect they will have to adopt the necessary safety
measures.
CHAPTER I
SAW NATURAL GAS DISTRIBUTION BY NETWORKS
The Concessions for the service of Natural Gas Distribution by Networks will grant
previous public tender summoned by the competent authority, to individual people
or collective, national or foreign, public or prevailed, who demonstrate technical and
financial capacity, they fulfill the norms of municipal development, security,
protection of the environment and the requirements that settle down within the
framework by means of Regulation of the present Law. Before bidding on the
service of distribution, it will be coordinated with the municipalities Governments,
the regulating plans of the respective urban centers and all those subjects that they
have to do with the competitions of the municipalities.
Los of Natural Gas Distribution by Networks will have the exclusive right to
provide Natural Gas to all the consumers with the geographic area of their
concession, with exception of Plants Generating Thermoelectrically, the Refineries
and the Projects of Industrialization of the Natural Gas. The Concessionaire
commits itself to give continuity in the service to all consumer, within his zone of
concession and to satisfy all the demand of Natural Gas in the indicated zone
according to an expansion plan of the networks. To the effect, when he is not
producing must have effective contracts in firm with producing companies, that
guarantee the provision and the producers will subscribe contracts of provision
obligation. The fulfillment of the plan of expansion of '' networks established with
the concessionaire, will be evaluated every two (2) years, whose evaluation will
determine the remedial actions of the zone of concession. The Concessionaire will
have to expand the service in economically depressed areas with his own resources,
including these expansions in his program of development. Vertical relation
between the wholesale distributor and the Gas retailer will not exist Natural
Vehicular (GNV).
l Regulating Being, with previous character to the tender of concession areas, YPFB
will invite to the operating company so that, by himself or in association with high-
priority character and of direct way, the zone of concession is adjudged, fulfilling all the
requirements and obligations that the present Law demands. When the operating
company YPFB in the term that fixes the Hydrocarbon Supervision does not fulfill the
technical requirements, legal and economic, it will bid on the concession.
The Rates for Natural Gas Distribution by Networks, will be approved according to the
principles established in the Article 89° of the present Law, in which outside applicable.
The Rates of Natural Gas Distribution by Networks for their application to the zone of
concession will have to contemplate subsidies to be granted to the consumers of smaller
income, according to a classification by consumption destined by the Hydrocarbon
Ministry. Of equal way, subsidies will be due to contemplate to be granted to the small
industry, public health, asylums, orphanages, fiscal education, rural electrification,
supplying of Natural Gas to the rural area according to the social impact of these
activities, to the tourism and Gas Natural Vehicular (GNV), according to a classification
by consumption. The Industry classified like great Natural Gas consumer, will have
tariffs based on economic principles being able to negotiate smaller prices with the
producers, happening the benefits to the final consumers. The present companies of
Natural Gas distribution will be adapted to had in the Article 105° the present Law
CHAPTER VII
The Concessions for the execution of the activities of Refinement, Natural Gas
Transport and Distribution by Networks, will be granted by the Regulating Being to
name of the State, per maximum periods of thirty (30) years, previous the fulfillment of
legal, technical, economic requirements and of the environment, by means of public
tender. The Licenses and Authorizations for the execution of the activities of
Industrialization, Regulated Product Storage and Commercialization to retailers, will be
granted to request of part, previous the fulfillment of legal, technical, economic
requirements and of the environment. For the correct benefit of the services public and
when it is necessary, Concessionaries or Licensees they will have to present/display
banking guarantees for the fulfillment of investments or obligations, considering the
nature and particularity of the service
.
ARTICLE 110°. - (Revocation and expiration)
.El Regulating Being will be able to revoke or to declare the lapsing of concessionaire's
right, Licenses and Authorizations, in administrative process to the lending companies
of services, by following causal and with subjection to the present Law and
corresponding legal norms:
a) It does not initiate, it completes works or facilities, nor it carries out the
investments it jeopardize in the terms and conditions established in his Concession,
License or Authorization, except for impossibility happened properly verified by
the Regulating Being.
b) Modifies the object of the Concession, License or Authorization or fails to fulfill
with the obligations established by the same ones.
c) It fails to fulfill the present Law, the prescribed norms and the corresponding
contracts and it does not correct his conduct after to have received notification it
express so that it does it.
d) It suspends the services to his position without previous authorization, or fails to
fulfill in repeated and negligent form the norms of System ODECO.
e) Fail to fulfill the open access.
f) Denies, repeatedly and negligently, to lend information in the terms and the form
established or denies the access to programmed facilities when it is inspection.
g) Fails to fulfill the sanctions applied by infractions, lack and contraventions to the
Regulation, in legal process.
h) the revocation one of the Environmental License, will be causal of rescission of the
concession.
i) is declared judicially in bankruptcy.
When Intervention puts in risk the normal provision or attention of the service, the
Regulating Being will be able to have the Preventive Intervention Concessionary or
Licensee by a no greater term to (1) a year by means of public procedure and founded
administrative resolution. The designation of the inspector, their attributions,
remuneration and others, will settle down in the regulation.
TITLE VII
CHAPTER I
OF THE RIGHTS TO THE CONSULTATION AND PARTICIPATION OF
THE TOWNS FARMERS, INDIGENAS AND ORIGINARIOS
In fulfillment to Articles 4°, 5°, 6°, 15° and 18° of Agreement 169 of the OIT,
ratified by Law of the Republic N° 1257, of 11 of 1991 July, the communities and
towns original farmers, natives and, independently of their type of organization will
have to be consulted of previous, obligatory way and opportune when it is tried to
develop any predicted hydrocarbons activity in the present Law
are responsible in joint form for the execution of the Process of Consultation the
authorities of the Hydrocarbon Ministry, the Ministry of Sustainable Development,
and the Ministry of Indigenous Subjects and Original Towns, considered competent
authorities, for the aims of the present Chapter. The Process of Consultation will have
to be financed by the Executive authority, with position to the project, builds or in
question hidrocarbonsa activity.
The settled down processes of consultation in the present Chapter, Farmers will be
made with the representative instances of the Communities and the Indigenous and
Original Towns, independently of their type of organization, respecting their
territorial, their uses and customs, being null any other type of individual or sectorial
consultation.
CHAPTER II
COMPENSATIONS AND INDEMNIFICATIONS
CHAPTER III
For the cases included/understood in the preceding Article, any request of Declaration
of Necessity and Public Utility by means of express Law, will have to count
necessarily on the studies of evaluation of economic, social, cultural and
environmental impacts properly approved by the representative instance of the
Communities Farmers and Towns Indigenous and Original and certified by the
National Environmental Authority, according to established in the Chapter "Of the
Rights to Consult and Participation of the Towns the Original Farmers, and Natives ".
ARTICLE 123°. - (Inappropriateness of Expropriation).
ARTICLE 124°. - (Right to the Defense of the Communities Farmers, Towns and
Natives ).
Once time approved by Law it express the public utility of the activities, works or
projects that put on march the Procedure of Expropriation, it will be come to transact
a right procedure of expropriation, that guarantees the Right plenary session to the
Defense of the Communities Farmers, Indigenous and Original Towns where the
expropriation will be executed, whom fixes, taking as it bases the capital gain as a
result of the emergent infrastructure of same and the damage permanent
environmental partner who will suffer, considered in the Study of Environmental
Impact.
The expropriation in the rural area will not be able to include/understand to the houses
and their dependencies including those of communities farmers and those of
indigenous towns, either the cemeteries, iron routes, airports and any other public or
deprived construction that is stable and permanent.
CHAPTER IV
OF THE SERVANTS
TITLE VIII
CHAPTER I ACTIVITY HIDROCARBURIFERA, ENVIRONMENT AND
NATURAL RESOURCES
The hydrocarbons activities will subject with respect to the environmental subjects
and to the Natural Resources to the had thing on this thematic one in the Political
Constitution the State, Law of the Environment and its Regulations, Forest Law,
Special Legal Regime of Protected Areas and to the Environmental International
treaties ratified by the State within the framework of the National Development
Sustainable.
Each under contract Oil area will have a Committee of Monitored Socio-
Environmental of Area, composed of a representative of each municipal section
covered by the area, two representatives of the indigenous communities and a
representative of Titular, to evaluate the possible produced socioeconomic impacts at
local level, and in TCO and to implement actions that harness the positive impacts and
mitigate the negative impacts of the hydrocarbons activity in this area. When in the
Committee of Monitored Socio Environmental of Area they are not arrived at
agreements, anyone of the parts will be able to resort in appeal to the Committee of
Monitored National Socio- Environmental that determined on the mitigations that
must be applied. The Committee of Monitored National Socio-Environmental is
created that will be conformed by the Hydrocarbon Ministry, Ministry of Sustainable
Development, Ministry of Popular Participation, organism administrator and supervise
YPFB and a representative of the indigenous towns, to evaluate and to consider like
final instance on the socioeconomic impacts in indigenous populations produced by
the Oil Activities. The information, consults and participation of the town and
indigenous community, affecting by an Activity, Work or Project (AOP) within its
Communitarian Land of Origins (TCO), with obligatory during the process of
elaboration of the Study of Evaluation of Environment Impact (EEIA), according to
the dispositions of the Law N° 1257, of 11 of Julio of 1991.
CHAPTER II
SACRED SITES And AREA OF NATURAL And CULTURAL VALUE
ARTICLE 132°. - (Areas of Natural Value, Cultural and Spiritual).No will be able
to be bid on, to be granted, to be authorized, nor to concessionary the hydrocarbons
activities, works or projects, in protected areas, sites RAMSAR, archaeological and
pale ontological sites, as well as in the sacred places for the Communities and Towns
Original Farmers, Natives and, who have spiritual value like patrimony of historical
value, or other areas recognized by its biodiversity, established by competent
authority. Hydrocarbons activities in protected areas will be allowed exceptionally,
when the Study of Evaluation of Environment Impact Strategic (EEIAE) within the
framework establishes the viability of the activity of an Integral Development
National Sustainable.
The activities Areas related to the hydrocarbon use in their different phases, will be
able to be developed in Areas Protected in strict subjection to the category and zone,
plan of handling, accomplishment of public consultation and fulfillment to
environmental dispositions, requiring for the effect a Study of Evaluation of
Environmental Impact, when they do not put in risk his objectives of conservation.
Every Impact the operations of the productive hydrocarbon chain will have to use the
best technology than the negative risks of Environmental Impact diminish. In
application of the principle caution , the Ministry of Sustainable Development and the
National Service of Protected Areas (SERNAP), and the Ministry of Hydrocarbons,
previous to the nominations of areas of hydrocarbons interest and dowry of
Concessions and Licenses, will coordinate activities of their competitions within the
framework, when the same ones agree in geographic areas. The treatment of the
environmental, passive damages environmental and restoration of natural atmospheres
affected by the hydrocarbons activity, will subject to compensation according to
Specific Regulation.
TITLE IX
DEFINITIONS
For the effects of the present Law, are adopted the following definitions: Agregador. -
YPFB is, that will establish the sources and the destinies of the production, assigning
the quotas of supplying of the Natural Gas to Titular of the production for the markets
of export according to contracts "back to back". Storage. - It is the activity to
accumulate hydrocarbons, refined products of Petroleum and GLP in stationary tanks
for his Commercialization. Name Area. - It is the area of oil interest to be bid, to be
selected by the Hydrocarbon Ministry or an individual or collective person.
Authorization. - It is the administrative act by means of which the Bolivian State,
through the Hydrocarbon Supervision, grants a right in favor of legally established an
individual or collective person, to develop a commercial or economic management of
the activity of hydrocarbons, in temporary form or for an only objective, according to
the present Law Well Mouth. - It is the flowed starting point of the total current of
that produces a well (Petroleum, Natural Gas, Water of Formation and Sediments),
before being lead to a System of Adjustment. Field. - Ground area underneath as
exists one or reservoirs of hydrocarbons, in one or more formation in the same
structure or geologic organization. Shared Field. - Ground area underneath as exists
one or reservoirs, in one or more formation in the same structure or geologic
organization that can be found located between two or more departments than must be
developed of efficient form, in which the production will be shared in proportion to
the reserve located in each Department. The Executive authority, will complement
the definition. Marginal Field. - It is that field that has produced 90% of its proven
hydrocarbon reserves. Resulting Product commercialization of the Operation. - The
purchase - sale of Petroleum, Natural Gas, GLP of Plants and other hydrocarbons
measured in the Point of Control. Refined and Industrialized Petroleum Product
commercialization. - The purchase - resulting product sale of the processes of
Petroleum Refinement and Industrialization. Compensation of Area. - When Titular
cannot operate in the contract area, YPFB will use the criterion of Compensation with
similar Areas in zones where their operation is viable. Committee of Production and
Demand (PRODE). - Institution conformed by representatives of the producing
companies, refiners, transporters by duels, the Hydrocarbon commerce, YPFB and
Supervision. One meets monthly to evaluate the production balance demands
executed in the previous month and to program the supplying to the internal market
and the export for the three following months. It consults Public. - Procedure by
means of which the competent authority in the consultation process puts in knowledge
of the representative instances of the Communities Farmers, Indigenous and Original
Towns, before undertaking any activity or project, all the technical information legal
that the purpose is arranged with of reaching an agreement or of obtaining the consent
of these towns, as it establishes Agreement 169 of the OIT, ratified by the Law N°
1257 of year 1991. Contract of Association. - It is the subscribed contract between
YPFB and Titular of a Contract of Operation, to execute the activities of Operation
and Commercialization, adopting the regime of Contracts of Accidental Association
or Accounts of Participation, established in the Code of Commerce. Contract of
Operation. - He is that by which, Titular will execute with its own means and by their
exclusive account and risk to name and representation of YPFB, the operations
corresponding to the activities of Exploration and Operation within the area matter of
the contract, under the system of repayment, in case of entering to the activity of
Operation. YPFB will not carry out investment some and it will not assume any risk
or responsibility in the investments or results obtained related to the contract, having
to be exclusively Titular that contributes the totality of the capitals, facilities,
equipment, materials, personnel, technology and other necessary ones. Contract of
Shared Production. - He is that by which a collective, national or foreign person,
executes with her own means and by their exclusive account and risk the activities of
Exploration and Operation to name and representation of YPFB. Titular in the
Contract of Shared Production has a participation in the production, in the control
point, once deduced exemptions, taxes and participation. Contract "back to back". -
Contract of transference of obligations and rights. Oil Contracts. - They are the
contracts of Shared Production, Operation and Association. Natural Gas conversion
in Liquids. - It is the chemical process by means of which Natural Gas is transformed
into Liquids (GNL). Concession. - It is the act by means of which the Bolivian State,
through the Hydrocarbon Supervision, grants the right of administration to an
individual or collective person legally established to develop or to execute the
activities of Hydrocarbon Transport by Ductos, Natural Gas Distribution by
Networks, Supply and Distribution of refined petroleum products and the refinement.
Declaration of Commerce. - It is the notification of the commercial discovery by
reservoir of a field, that in opinion of YPFB and Titular, justifies its development and
operation. Development of Field. - They are the activities of perforation and
development well completion, as well as the construction of production facilities and
hydrocarbon processing in a declared field commercial. Commercial Discovery. - It
is the hydrocarbon finding, in one or reservoirs, a field within the area of the contract,
whose operation and production are endorsed by an economic analysis that
demonstrates their yield. The holder will have to notify to YPFB. Natural Gas
Distribution by Networks. - It is the activity to provide Natural Gas, in public quality
on watch, to the users of the concession area, besides to construct the Networks, to
administer and to operate the service under the terms indicated in the present
Dedicated Ductos Law. - They are the facilities for the transfer of hydrocarbons
destined exclusively to the supplying like raw material to the industrialization activity
excluding refinement. Regulating Being. - It is the Hydrocarbon Supervision.
Exploration. - It is the geologic recognition of surface, aero photo grammaticism,
topographic, gravimetric rises, magneto metric, well seismologic, geo chemical,
perforation and any other work to determine the hydrocarbon existence in an area or
geographic zone. Operation. - It is the well perforation of development and
production, laying of lines of harvesting, construction and installation of Plants of
Storage, processing and separation of liquefiable liquids and, of primary recovery,
secondary and improved and all other activity in the ground and the subsoil dedicated
to the production, separation, processing, compression and storage of hydrocarbons.
Liquefied Petroleum gas (GLP). - It is the mixture of propane and butane in variable
proportions. The GLP is produced in plants and refineries. Natural Gas. - They are
the hydrocarbons, with methane predominance, that in standardized conditions of
pressure and temperature appears in the nature in gaseous state. Natural Gas Rico. -
It is the Natural Gas before extracting the liquefiable ones. Undressed Natural Gas. -
It is the Natural Gas after extracting the liquefiable ones. GLP of Plants. - It is
Petroleum the Liquefied Gas (GLP) extracted of the Natural Gas in plants of
extraction of liquefiable in production fields. Hydrocarbons. - They are the
compounds of carbon and hydrogen, including the associated elements, that appear in
the nature, or in the ground or the subsoil, anyone is his physical state, which they
conform the Natural Gas, derived Petroleum and its products, including the Liquefied
Petroleum Gas produced in refineries and plants of extraction of liquefiable.
Industrialization. - They are the industrial and thermoelectrically activities of
chemical transformation of hydrocarbons and processes that they have by purpose of
adding added value to the Natural Gas: Petrochemical, Gas to Liquids (GTL),
fertilizer production, urea, ammonium, methanol and others. Liquefiable of the
Natural Gas. - Hydrocarbons that in Extraction plants happen to the liquid state.
Superior Propane and butane (component of the GLP) and pentanes and (component
of the Natural Gasoline). Natural Gas liquefaction. - It is the physical process, that
allows to happen of the gaseous state to the liquid state. Lateral line or Branch. -
They are all those pipes that are interconnected with the Main System of Hydrocarbon
Transport by duels. Lines of Harvesting. - They are the pipes by means of which the
producer collects and transfers the production of its wells until the entrance of the
System of Adjustment. Licenses. - It is the administrative act by means of which the
Bolivian State, through the Hydrocarbon Supervision, authorizes leave or
authorization to an individual or collective person legally established to develop a
commercial or economic management of the activity of hydrocarbons according to the
present Operating Law. - It is the executor of anyone of contracts established in the
present Law to carry out the activities of Exploration and Operation, designated
Titular. Parcel. - The Hydrocarbon Operation and unit of measurement of the
reconnaissance areas. Plan metrically, it corresponds to a square of 5,000 (five
thousands) meters of side and to a total surface of You have 2,500 (two thousand Five
hundred hectares). Their superficial vertices are certain by means of coordinates of
the Universal and Cross-sectional Projection of Mercator (UTM), referred to the
Geodesic System the International WGS - 84. Each parcel is identified by the number
of the National Map and by a system matrix of oil grids established by the
Hydrocarbon Ministry. Parity of Export. - It corresponds at the cost of the market of
export in the distributing point, discounting the costs of transport and insurances
associated to the export until the distributing point. Parity of Import. - It corresponds
at the cost of international reference, added the costs of Transport and insurances
associated to the import from the point of origin to the internal market. Participation.
- They are the payments in species that correspond to Titular in the Point of Control,
according to established in the Contract of Shared Production or the Contract of
Association, point in which assumes the proprietary right. Petroleum. - The
hydrocarbons that in standardized conditions of temperature and pressure appear in
liquid state, as well as the Natural Gasoline and the Liquid Hydrocarbons that are
obtained in the processes of separation of the gas. Petrochemical. - They are the
chemical processes that allow to reconstruct molecules of Hydrocarbons, in polymers,
resins, plastics, fertilizers and others, that commonly are denominated petrochemical
products. Planning of Oil Policy. - It is the indicative proposal of the development of
the hydrocarbon sector, that will allow to establish the long term policies, looking for
the best advantage of the hydrocarbons resources, by means of the analysis of certain
indicators such as the reserves, the production, infrastructure and hydrocarbon the
market within the framework of the National System of Planning. Political happiness
will respect the existing agreements of commercialization and the markets of export
obtained by the companies. Those markets that are obtained by the State will be
assigned following the lineaments of this policy, according to the best interest of the
Nation. Gross Production. - It is the total volume of fluid that produces a well:
Petroleum, natural gas, water of formation and sediments, before being lead to a
adjustment system. Controlled Production. - They are the volumes of hydrocarbons
measured in the Point of Control of the Production. Products Derived from the Gas -
They are the products that come from the separation and/or industrialization of the
gas. Regulated Products. - Any product derived from the hydrocarbons that has a
final price regulated by the competent authority. Refined Hydrocarbon products. -
Fuels, fuels, lubricants, fats, paraffin, asphalts, reliable, the intermediate GLP and by-
products and products are the denominated products that are obtained from the
processes of Refinement of Petroleum. Point of Control of the Production. - It is the
place where the resulting hydrocarbons of the operation in the field are measured after
such they have been put under a System of Adjustment to be transported. For fields
with extraction facilities, the Point of Control of the Production, will be when coming
out of the plant located before the System of Transport and must fulfill the
requirements of adjustment of the gas or the liquids according to regulation. In the
fields where facilities of extraction of GLP and/or Natural Gasoline do not exist, the
Point of Control of the Production will be when coming out of the system of
separation of fluids. For this effect, the producers will install the necessary
instruments like being: mass gravitómetros, recorders multi flow, measurers,
chromatographs for qualitative and quantitative analyses, pressure indicators and
temperature and all equipment that allows to establish the incorporated amounts of
GLP and Natural Gasoline in Natural Gas current the dispatched. Refinement. - They
are the intermediate processes that turn Petroleum denominated products fuels, fuels,
lubricants, fats, paraffin, asphalts, reliable, GLP and by-products and products that
generate these processes. Exemptions. - Payable obligatory economic compensation
to the State, in money or species, please the producing Departments by the operation
of its nonrenewable natural resources. National Exemption Compensatory. -
Economic benefit granted the Departments of Beni and Pando, conformity to the Law
N° 981, of 7 of March of 1988. Regulation. - It is the activity made by the
Hydrocarbon Supervision to fulfill and to make obey the Law and the sectorial norm,
promote the competition in economic matter, assure the fulfillment the ant
monopolistic dispositions and defense of the competition, as well as the practical
standards and of security. Registered Reserves. - They are the hydrocarbon reserves
quantified by specialized companies that correspond to the sum of Reserves Proven
and Probable Reserves. Proven Reserves. - They are the amounts of hydrocarbons
that, according to geologic information and of engineering of reservoirs, demonstrate
with reasonable certainty, that in the future, the hydrocarbons of the reservoirs under
existing the economic and operational conditions will be recoverable. Probable
Reserves. - Are hydrocarbon reserves no proven, in which the geologic studies and
the scientific dates suggest it probability that they are recoverable is greater to the
probability that they are not it. Shared Reservoir. - He is reservoir that is under oil
contracts, that it extends beyond the limits of a contract area, with dynamic continuity
of the phase of hydrocarbons. Reservoir de Hydrocarbons. - He is one or several
layers under the surface that are producing or are able to produce hydrocarbons, with a
system common of pressure in all his extension, in which the hydrocarbons are
surrounded by impermeable rock or water. For aims of the present Law, Deposit and
Reservoir de Hydrocarbons they are synonymous. System of Adjustment. - They are
the facilities necessary to prepare hydrocarbons to be transported, according to
regulation. The System of Adjustment will have to adjust to the nature of the
hydrocarbons that produces the field. System of Transport. - It is the Main System of
Transport, plus the lateral lines or branches. It does not include the lines of
harvesting. Main system of Transport. - It is the set of pipes of Hydrocarbon
Transport by duct, that has concession granted by the Hydrocarbon Supervision. It
prices Stamp. - It is the methodology that the Hydrocarbon Supervision applies to the
hydrocarbon transport by ductos by means of which an only tariff pays attention stops
the Concessions without discriminating distance between origin and destiny. It
quarrels Incremental. - She is the one that considers the costs necessary to extend and
to maintain the cargo capacity of specific shippers, and that will be loaded through
tariffs to the beneficiaries with this extension and/or maintenance. One pays attention
by distances. Communitarian territories of Origin (TCO). - They are the geographic
spaces which they constitute the habitat of the towns and indigenous and original
communities, to which traditionally have had access and where they maintain and
they develop his own forms of economic organization, social and cultural, so that they
assure his experience and development. Territories Communitarian of Origin will be
considered those that are titled, those that are demands with Car of Admission, those
immobilized ones with traditionally recognized Resolution of Immobilization and all
like such. To title. - She is all individual or collective, national or foreign person,
who has subscribed Contracts of Shared Development, Contracts of Shared
Production, Contracts of Shared Risk and Contracts of Association with YPFB.
Transport. - It is the activity to transfer Hydrocarbons, Refined Products of Petroleum
and GLP from a place to another one by means of ductos, using complementary
facilities. One excludes from this definition the Gas Distribution by Networks and
lines of harvesting. Units of Work. - They are the expressed obligations of work in
numbers, for the exploratory activities (geophysical, exploratory well magnetometría,
gravimetric, perforation exploratory and other activities), that will have to be executed
by Titular in the different phases from Exploration. Unitización of Field. -
Agreement of operation celebrated between Holders with adjacent contract areas, that
will allow the efficient development of a shared field, avoiding damage to the deposit.
Oil fields Fiscal Bolivians (YPFB). - Public company created by Decree Law of 21 of
December of 1936. Traditional Zone. - Region with geologic information where
hydrocarbon production exists with commercial operation. The Executive authority,
by means of Supreme Decree, will designate the Traditional Zones Hydrocarbons.
Nontraditional Zone. - Region no included/understood in the definition of Traditional
Zone.
TITLE X
NATIONAL SOCIALIZATION Of THE GAS
CHAPTER UNIQUE
Been Bolivian, in exercise of its sovereignty and of the proprietary right that attends
to him on hydrocarbons, will use the Natural Gas to support and to foment the Internal
Development of the country and to fight against the poverty and the social exclusion.
Development the Bottom of Internal Aid to the National Development destined to the
overcrowding of the Natural Gas use in the country, with the following resources:
a) The Monetización of the Natural Gas extracted within the framework of Contracts
of Compensation of Services.
b) The five percent (5%) of the balance of the Direct Tax to Hydrocarbons (IDH)
that receives the General Treasure of the Nation (TGN), by concept of operation
of hydrocarbons. It is authorized to the Executive authority to contract the credits
necessary and/or the obtaining of no reimbursable resources to obtain the
financing that. allow to develop the infrastructure of Gas Networks of equitable
way between all the Departments with base to the resources described in the
previous paragraph.
c) The fines and sanctions of the regulation system will be destined to the
development of the infrastructure.
d) Tuition. - The Bottom of Internal Aid to the National Development, to regulate
itself by Supreme Decree, will be the low tuición of the Ministry of Property.
In contracts of Gas export, Oil fields Fiscal Bolivians (YPFB), as aggregator it will
negotiate, with the holders who have quotas of export, a percentage of the same ones,
with the purpose of monetizar the gas by means of sales to the outside to create
resources destined to the Bottom of Internal Aid.
ARTICLE 144°. -
.They are exempts of the payment of taxes the volumes of gas destined to the social
and productive use in the internal market, referred in the present Title.
TRANSITORY DISPOSITIONS
FIRST. With the object of making special audits, in the areas financial, operative,
legal and technical of the oil, resulting companies of the call process of capitalization,
contract of shared risk and the process of privatization, the General Contraloría of the
Republic is entrusted and to fulfill this assignment, in a term no greater to 180 days,
with the intention of establishing the strict fulfillment of the laws in use, arranging
itself that for this objective it is the Public Ministry, the organization that supports in
the scopes that are of their competition.
FOURTH. The established tributary effects in the present Law, will enter use from
their publication.
FINAL DISPOSITIONS
FIRST. They are abolished and countermanded all the opposite dispositions to
present Law.
SECOND. (Of Fuels of no Fossil Origin). The production, the fossil fuel mixture
with fuel of vegetal origin, storage, distribution, commercialization and promotion,
will be regulated by Special Law. Remits to the Executive authority, for
constitutional aims. Congress is given in the Room of Sessions of the H. National, to
the five days of the month of May of two thousand five years.
Fdo. Hormando Vaca diez Vaca Diez , Mario Cossío Cortez, Juan Luis Hits Armijo,
Marcelo Aramayo Perez, Erick Kings Villa B., Ernesto Poppe Murillo.
Therefore, I promulgate it so that it is had and it fulfilled like Law of the Republic.
Legislative palace, city of La Paz, to the seventeen days of the month of May of two
thousand five years.
FDO. HORMANDO VACA DIEZ VACA DIEZ PRESIDENT Of the
HONORABLE NATIONAL CONGRESS