ESG Litigation Guide

Bolivia

With thanks to Aguilar Castillo Love for the below content.

Environmental

Law

In force

Mining companies, oil and gas companies, lumber companies, and other kinds of companies developing projects which may have an impact on the environment.

These companies must request an environmental permit from the Ministry of the Environment for the development of their specific projects.

Environmental

Environmental policy

Entry into force: December 30, 2022

Companies registered in the Stock Market Registry (RMV) in Bolivia

This regulation details the procedure for the registration of Green, Social, and/or Sustainable Bond issuances in the Securities Market Registry. It establishes requirements for authorisation, evaluation, and reporting processes to ensure compliance with the principles and criteria for these types of bonds.

Recent developments have aimed to strengthen the framework, including updates to documentation requirements and alignment with international best practices.

The regulation promotes responsible investment and transparency in financing projects with positive environmental and social impacts.

Social

Law

In force

Mining companies looking to sign new mining concession agreements.

  • Mining companies must provide sufficient funds to the Mining Jurisdictional Authority (AJAM), in order to conduct a previous consultation procedure with the indigenous collectives or communities potentially affected by a new mining concession agreement.

  • Mining companies must report any agreement previously negotiated with the indigenous communities and any compensations transferred for eventual damages.
Social

Law

In force

Financial Intermediation Entities and Entities offering Complementary Financial Services, operating under authorization of the Bolivian Financial System Authority (ASFI)

  • This norm regulates the obligations set forth in the Bolivian financial services law (Law 393 of 21 August 2013) regarding the “social purpose of financial services”.

  • The entities covered by this norm must prepare and file a plan stating their strategies and goals for developing the social purpose of the financial services, including the promotion of access to financing for social housing, small businesses, and preferential services for people with disabilities, pregnant women, people with babies and the elderly. These entities must also file an annual report regarding the status of the plan and the objectives achieved.
Environmental
Social
Governance

Law

In force

Financial Intermediation Entities operating under authorization of the Bolivian Financial System Authority (ASFI)

  • The entities covered by this norm must prepare and file a plan stating their Corporate Social Responsibility strategies and goals, including economic, social and environmental aspects.
  • These entities must clearly identify and register their transactions regarding Corporate Social Responsibility, and must periodically disclose its decisions and activities which may have social, environmental effects.
  • These entities must also file an annual report regarding the status of the plan and the objectives achieved.
Social
Governance

Law

In force

Communication entities, such as television channels, radio stations, newspapers, magazines, and digital newspapers.

  • The entities must adapt their internal regulations to include and promote non-discrimination, and must issue non-discrimination spots with the following frequency

  • On television channels: at least twenty (20) minutes per month, during prime time

  • In radio stations: at least forty (40) minutes per month, during prime time

  • In newspapers and magazines: at least one (1) page per month, and in magazines: half a page per month; in preferential spaces for both cases.

    In digital newspapers on the internet, one (1) space per month.
Governance

Law

In force

  • Financial Intermediation Entities and Entities offering Complementary Financial Services, operating under authorization of the Bolivian Financial System Authority (ASFI).
  • Stock Exchanges, Stock Brokers and Agencies, other participants in the Stock Market.
  • Insurance companies and brokers
  • These companies have to comply with several duties related to the investigation and reporting of suspicious money laundering transactions.

  • Specifically, they must: (1) Communicate the appointment (and report any changes or replacements) of an authorized representative for the direct relationships with the Government Agency in charge of Financial Investigations (UIF); (2) Draft an Internal Manual for the Prevention, Detection, Control and Report of money laundering operations; (3) Ask for KYC documentation on their clients; (4) File periodically reports to their Regulatory Authority and UIF on suspicious transactions detected and ask the client to provide any complementary documents that may prove the origin or destination of the funds being reviewed.

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