Chapter 7

Bolivia

Adrin Barrenechea B.

BM&O Abogados

1 Relevant Authorities and Legislation

1.1

What regulates mining law?

In order to understand the legal and regulatory systems that govern

Bolivias mining sector, it is necessary to provide a short preamble
regarding the orientation and policies of the current Government.
Bolivias New Constitution
In 2009, a new Constitution (the NCPE) was enacted, which
introduced significant reforms to the organisational and structural
foundations of the countrys legal system.
The NCPE provides that all minerals, among all natural resources,
belong to the Bolivian people who are represented by the
Government. Such entity is the only one capable of managing all
minerals throughout the productive chain.
Consequently, only the Bolivian Central Government possesses the
authority to grant mining rights (adhering to the forms provided by
the law and further explained in section 2 below).
In addition to the changes introduced by the NCPE, on 29 May
2014, the Government enacted a new Mining and Metallurgy Law
(The Mining Law), Law No. 353, which replaced the Mining
Code that regulated the industry for the better part of the last 20
years.
The Mining Law
The Mining Law introduced a more protectionist approach to the
management of natural resources, particularly to the use of surface
and land (from the Governments standpoint). Notwithstanding the
aforementioned, the principal difference between the Mining Code
and the Mining Law can be summarised as the transition from a
concession system to a contract-based system.
Under the Mining Code, the Government granted mining rights
through special and exclusive concessions (or licences) to perform
any of the industrys activities within a defined territorial space and
for an unlimited period of time. Furthermore, the special
concessions granted their holder ownership rights over surface and
land.

34

Camilo Moreno O.

main difference between executing a Mining Contract and

obtaining a licence is that in the first case a participant may be
granted rights to perform all activities within the productive chain,
whereas in the second case they are only granted the right to
perform one of such activities.
Special Regulations
In addition to the Mining Law and any other Law that may be
passed by the Legislative Branch, the Executive Branch can pass
special regulations through the enactment of Supreme Decrees and
other Administrative Regulations.
1.2

Which Government body/ies administer the mining

industry?

In Bolivia, there are several entities that administer the mining

industry, from different perspectives and for different purposes, as
follows:
Mining and Metallurgy Ministry
The Mining and Metallurgy Ministry is part of the Central
Governments structure (Executive Branch), and is responsible for
setting the countrys mining and metallurgy policies as well as
planning and developing the nations mining industry.
Autoridad Jurisdiccional Administrativa Minera (Mining
Authority)
The Mining Authority (AJAM from its Spanish acronym) is the
sectors regulatory entity, in charge of, among others, executing
Mining Contracts with interested participants and granting the
different mining licences.
The AJAM is a decentralised entity under the Mining and
Metallurgy Ministry.
Environment and Water Ministry
The Ministry of Environment and Water issues an environmental
licence as a prerequisite for initiating any mining activity.
Corporacin Minera de Bolivia (COMIBOL)
The Bolivian Mining Corporation (COMIBOL) represents the State
in all Association Contracts signed with other entities (public or
private, national or foreign) to undertake mining activities.

Under the Mining Law, participants are granted mining rights

through mining contracts (Mining Contracts). These contracts
provide participants with the right to perform any of the recognised
activities within the industry, but only for a limited period of time
and without granting any sort of ownership rights over surface or
land.

The Mutn Iron and Steel Company (ESM) is in charge of all

mining activities (including the execution of certain types of
contracts) undertaken in the Mutn reservoir (Bolivias largest iron
reservoir and one of the largest in South America).

In addition to the execution of Mining Contracts, the Mining Law

provides that participants may be granted a special licence. The

The ESM is a decentralised entity under the Ministry of Mining and

Metallurgy.

WWW.ICLG.CO.UK

Empresa Siderrguca del Mutn (ESM)

ICLG TO: MINING LAW 2015

BM&O Abogados

Bolivia

Servicio Geolgico Minero (SERGEOMIN)

SERGEOMIN is a decentralised entiy under the Mining and

Metallurgy Ministry.
Centro de Investigacin Minero Metalrgicas (CEIMM)
The Mining-Metallurgical Research Center (CEIMM) is in charge
of investigation and training matters related to the mining industry.
The CEIMM is a decentralised entity under the Mining and
Metallurgy Ministry.

To Obtain an Aerial Reconnaissance Licence

An Aerial Reconnaissance Licence may be granted by the AJAM
and gives its holder the right to perform this activity in an area of
up to 8,000 grids (cuadrcula minera) for a period of no more than
six months.
Notwithstanding the aforementioned, it is important to point out
that as per the Mining Law, the granting of Reconnaissance and
Exploration Licences and the execution of Operation and
Commercialisation Contracts have been suspended until new
regulatory authorities are appointed (which, as per such Law,
should take no longer than three months from 29 May 2014).

Bolivia

The Mining and Geological Service (SERGEOMIN) is the entity

responsible for the investigation and control of the mining industry.

Servicio Nacional de Registro y Control de la

Comercializacin de Minerales y Metales (SENARECOM)
The National Service for Mineral and Metal Registration and
Commercialisation (SENARECOM) is in charge of record-keeping
and control of all the commercialisation of minerals and metals in
the domestic and international markets.
The SENARECOM is a decentralised entity under the Mining and
Metallurgy Ministry.

2.2

Any participant that wishes to conduct exploration activities is

required to obtain this right through: (i) executing a Mining
Contract; (ii) executing an Association Contract; or (iii) obtaining a
Reconnaissance and Exploration Licence.
2.3

1.3

Describe any other sources of law affecting the mining

industry.

Most regulations enacted before the Mining Law remain in full

force and effect (except whenever they are deemed contrary to such
law), however it is anticipated that they will be replaced gradually.

What rights are required to conduct exploration?

What rights are required to conduct mining?

Any participant that wishes to conduct mining activities is required

to obtain this right through: (i) a Mining Contract; or (ii) an
Association Contract.
At this point, it is important to point out that Indigenous Peoples are
granted the right to participate in the benefits of mining activities
performed within their territories (as defined by Law).

2 Mechanics of Acquisition of Rights

2.4
2.1

Are different procedures applicable to different minerals?

What rights are required to conduct reconnaissance?

The Mining Law provides that any participant interested in

conducting reconnaissance activities may do so through one of the
following mechanisms:
Execution of a Mining Contract
A Mining Contract grants a participant the right to perform
reconnaissance activities in an area that may not exceed 250 grids
(cuadrcula minera), which is the basic unit of measure; it is shaped
like an inverted square pyramid with its base (500x500 metres) on
the surface of the Earth and its vertex pointed towards the centre of
the Earth.
The maximum duration of a Mining Contract is 30 years, which
may be extended by 30 years, subject in compliance with specific
contractual requirements.
Execution of an Association Contract
An Association Contract grants a private participant the right to
perform reconnaissance activities in association with the Bolivian
State; the private participant may be selected through a direct
invitation or public tender. Regardless, in all cases, the Bolivian
State must hold at least 55 per cent of participation in the
Association Contract.
To Obtain a Reconnaissance and Exploration Licence
A Reconnaissance and Exploration Licence can be granted by the
AJAM for an area of no more than 500 grids (cuadrculas mineras) for
a period of five years, which is extendable for a further three years.
A Reconnaissance and Exploration Licence is granted upon request
of the interested Party.

In general, neither the Mining Law nor its regulations provide for
different procedures for different minerals. However, whenever a
participant finds radioactive minerals or rare ores, they are obliged
to inform both the Mining and Metallurgy Ministry and the AJAM
for such authorities to act upon the findings.
2.5

Are different procedures applicable to natural oil and gas?

In general, both in the oil and gas industry and in the mining
industry, private participants may obtain rights through entering
into contracts with public entities that represent the Bolivian State.
However, one notable difference is that in the oil and gas sector the
most used type of contract would be a service contract as opposed
to an Association Contract.
As per the procedures themselves, they differ, though not
substantially (provided that there are different entities and
regulatory bodies taking part).
Furthermore, as it occurs in all economic activities conducted in
Bolivia (regardless of the industry), participants must obtain the
following authorisations:
Incorporation of a company or a branch in Bolivia and
registration as a commercial entity before the Registry of
Commerce.
Registration as a tax payer before the inland revenue
authority (Servicio de Impuestos Nacionales).
Registration as an employer before the Ministry of Labour.
Registration as an employer before the relevant social
security entities (including health and pension funds).
An Environmental Licence must be obtained for every
project, individually.

ICLG TO: MINING LAW 2015

WWW.ICLG.CO.UK

35

BM&O Abogados

3 Foreign Ownership and Indigenous

Ownership Requirements and Restrictions

Bolivia

3.1

Are there special rules for foreign applicants?

Yes, according to the Mining Law and in line with Constitutional

provisions, foreigners cannot obtain a licence for reconnaissance
and exploration nor sign any mining contracts for claims located
within 50km of international borders. Licences for the abovereferenced areas may be awarded exceptionally as a matter of
national necessity. In these cases, Congress must approve a specific
law designating the national necessity that gives rise to the
exception. The exceptional licence must also be approved by
Congress.
3.2

Are there requirements for ownership by indigenous

persons or entities?

In accordance with the Constitution, the indigenous nations or

peoples have the right to prior consultation each time that new
legislation or other legal provisions are planned and may affect
them. The Mining Law also requires prior consultation with abovereferenced communities for each mining contract that covers
indigenous territory that may affect collective rights of the
community. The objective of the prior consultation is to reach an
agreement that allows the signing of the contract. This law only
covers administrative contracts. It also specifies that no prior
consultation is required for prospecting and exploration activities.
Prior consultation is undertaken by the Mining and Administrative
Authority, and any agreement it reaches is legally binding.
3.4

Does the State have free carry rights or options to acquire

shareholdings

The Mining Law provides that the Government may partner,

through state mining companies with local or foreign private
mining entities, for undertaking any of the activities in the mining
sector through Association Contracts. Government participation in
these contracts is agreed by the parties. However, the law specifies
that the Government participation cannot be lower than 55 per cent
of the profits. The law specifies that all leasing and joint venture
contracts signed between the Government and private sector prior
to the enactment of the law (28 May 2014) must be adjusted to a
model of Association Contracts. In these cases, all terms and
conditions, including profit sharing, will be negotiated by the
parties to preserve the economic sustainability of the project. Also,
the Government may participate through State-owned mining
entities in the establishment with private parties of joint-stock and
mixed State-owned.

36

3.5

Are there restrictions on the nature of a legal entity

holding rights?

No, according to the Mining Law, the only requirement to undertake

mining activities in Bolivia is to establish any legal form of entity
domiciled in Bolivia that is allowed by the Commercial Code. The
Commercial Code allows for the establishment of a single-person
entity as well as various forms of companies. A single-person
company is a legal entity that allows a single person to be the owner,
and responsible for all activities related to a company.

4 Processing and Beneficiation

4.1

Are there special regulatory provisions relating to

processing and further beneficiation of mined minerals?

Are there any change of control restrictions applicable?

There is no regulatory provision that prohibits the change of control

in companies that have mining rights. In accordance with the
Mining Law, any person or legal entity, whether local or foreign,
that wishes to acquire mining rights, must establish a company
using any of the forms of enterprises allowed under the Commercial
Code. This code does not prohibit, nor limit the sale or transfer of
shares between shareholders or to third parties.
3.3

Bolivia

WWW.ICLG.CO.UK

There are no special regulatory provisions relating to processing

and further beneficiation of mined minerals.
Notwithstanding the aforementioned, it is important to note, as
explained in section 2 above, that any participant in the industry
may do so through various means which, individually, may grant
such participant the right to perform more than one activity within
the productive chain.
Therefore, provided that a participant has entered into a Mining
Contract that does not include the activities of processing and
commercialising minerals and metals, it should obtain a separate
Operation Commercialisation Licence from the AJAM.
In that regard, the Mining Law provides that the activity
operation includes the activities (integrated or isolated) of
concentration, beneficiation, smelting and refining of minerals and
metals.
4.2

Are there restrictions on the export of minerals?

The Mining Law sets forth an obligation, for all participants, to

offer for sale (obligacin de oferta de venta) all production,
minerals and ore concentrates, first to State-owned smelters and
refineries, then to private smelters and refineries (within the
Bolivian territory) and only the remainder may be freely exported
to the international market.
Notwithstanding the aforementioned, the obligations to offer for
sale does not apply to: (i) metal producers; (ii) minerals and
concentrates for which there are no smelters or refineries in Bolivia;
(iii) metals and minerals with a quality not acceptable for local
smelters and refineries; and (iv) small producers whose production
in the prior year did not exceed 40 gross metric tons of tin or
tungsten, or 200 gross metric tons of other metallic minerals.

5 Transfer and Encumbrance

5.1

Are there restrictions on the transfer of rights to conduct

reconnaissance, exploration and mining?

On principle and as a Constitutional provision, only the Bolivian

State may grant mining rights and, therefore, obtaining such rights
does not give the corresponding participant the authorisation to
transfer them under any title.
Furthermore, the Mining Law prohibits the assignment or transfer
of mining rights emerging from Mining Contracts. However, in

ICLG TO: MINING LAW 2015

BM&O Abogados

Finally, in regards to Reconnaissance and Exploration Licences;

Aerial Reconnaissance Licences; Operation Licences and
Commercialisation Licences, the Mining Law does not mention the
possibility (or lack thereof) to transfer a participants rights at any title.
However, given the requirements to obtain such licences, it is
foreseeable that anyone wishing to obtain a licence will have to
follow the procedures set by law, rather than acquire (at any title)
another participants rights.
5.2

Are the rights to conduct reconnaissance, exploration and

mining capable of being mortgaged to raise finance?

As per the Mining Law, in accordance with a specific Constitutional

provision, all minerals, regardless of their state and form, found
within Bolivias borders, belong to the State and are non-seizable,
non-transferrable, imprescriptible and not subject to inheritance.
Notwithstanding the foregoing, the Mining Law recognises that all
participants have the right to use all and any information
(quantitative or qualitative) to seek and obtain financing. However,
it expressly provides that such right may not and cannot be
construed as the right to dispose of, encumber or use the mining
rights collaterally.

6 Dealing in Rights by Means of Transferring

Subdivisions, Ceding Undivided Shares and
Mining of Mixed Minerals
6.1

Are rights to conduct reconnaissance, exploration and

mining capable of being subdivided?

On principle, reconnaissance, exploration and mining rights cannot

be subdivided (in order to transfer mining rights to third parties), in
accordance with section 5 above.
6.2

Are rights to conduct reconnaissance, exploration and

mining capable of being held in undivided shares?

As per section 2 above, all mining rights are granted by the Bolivian
State (through any of the legal procedures available to do so) to a
single person or entity who, in turn, may not transfer them at any
title.
Furthermore, in the event that a participant wishes to obtain mining
rights (in general), they must follow the procedures and acquire the
legal status recognised by the Bolivian Law as a lawful entity
capable of assuming obligations and exercising rights (a joint
venture would not be considered such an entity).
6.3

Is the holder of a primary mineral entitled to explore or

mine for secondary minerals?

On principle, the holder of a primary mineral may explore or mine

for a secondary mineral, provided that such participant adheres to a
procedure (before the AJAM) in order to modify or update a

ICLG TO: MINING LAW 2015

document called plan de trabajo e inversin, or work and

investment plan.
It is crucial to note that such modifying or updating does not affect
the pre-existing mining rights.
In the event that any participant does not modify or update the work
and investment plan and proceeds to explore and mine other
minerals (different from the primary) the Bolivian authorities may
revoke all mining rights.
6.4

Bolivia

Association Contracts there is a vague provision in the Mining Law

that may open up the possibility to transfer a private companys
participation, but there is no regulation that clarifies the extent or
establishes a procedure (in other sectors i.e. Oil and Gas, the
participant may transfer its participation whenever the Bolivian
State, through YPFB, expressly consents).

Bolivia

Is the holder of a right to conduct reconnaissance,

exploration and mining entitled to exercise rights also
over residue deposits on the land concerned?

On principle and provided that a participant fully complies with the

mining and environmental legislation, they may also exercise rights
over all residue deposits on the land.
6.5

Are there any special rules relating to offshore exploration

and mining?

There are no such rules in force and effect.

7 Rights to Use Surface of Land

7.1

What are the rights of the holder of a right to conduct

reconnaissance, exploration or mining to use the surface
of land?

The holder of mining rights is authorised to make use of the land

and surface freely within the authorised area (provided that they
comply with applicable legislation, including environmental,
controlled substances, etc.).
Furthermore, the Mining Law provides that neighbouring land
owners shall grant easements (upon an agreement between the
Parties).
7.2

What obligations does the holder of a reconnaissance

right, exploration right or mining right have vis--vis the
landowner or lawful occupier?

The title holder of mining rights has the obligation to reach

agreements (whenever applicable) with land owners and lawful
occupiers in order to use their surface or land, including for
easement purposes.
In the event that such agreement cannot be reached, title holders of
mining rights can alternatively follow a specific administrative
proceeding before the AJAM, which is the authority that is able to
resolve any and all disputes or disagreements between mining title
holders and land owners or lawful occupiers.
7.3

What rights of expropriation exist?

On principle and as a Constitutional provision, only the Bolivian

State may expropriate any kind of property.
However, in accordance with the above question 7.2, there is a
specific administrative procedure that takes place before the AJAM,
which is the dispute resolution mechanism provided by law.

WWW.ICLG.CO.UK

37

BM&O Abogados

8 Environmental

Bolivia

8.1

What environmental authorisations are required in order

to conduct reconnaissance, exploration and mining
operations?

All mining projects in Bolivia need an Environmental Licence,

granted by the Environment and Water Ministry.
8.2

What provisions need to be made for the closure of

mines?

For the closure of mines in Bolivia, the relevant participant must

perform closure and rehabilitation procedures and submit (when
done) to the competent authorities a detailed report on the actions
taken regarding the: (i) closure; (ii) rehabilitation; (iii) post-closure;
and (iv) current state of the affected area.
All these procedures must be in accordance with a Plan de Cierre
y Rehabilitacin del rea or Closure and Rehabilitation Plan of the
Area, which is included in the Environmental Licence.
8.3

What are the closure obligations of the holder of a

reconnaissance right, exploration right or mining right?

Bolivia

9 Native Title and Land Rights

9.1

On principle and as a Constitutional provision, holding a native title

impacts other mining rights. Such impact is represented by the need
to uphold a plebiscite or local referendum before any mining
activities are initiated and carried out in native or indigenous
territory.
Should the result of such plebiscite or local referendum be negative,
notwithstanding any other titles or mining rights, mining activities
may not take place.

10

Health and Safety

10.1 What legislation governs health and safety in mining?

In general, there are essentially three legal norms regarding health

and safety that any participant wishing to develop mining activities
in Bolivia must consider and adhere to:
General Hygiene, Occupational Safety and Well-being
Law: Law No. 16998, dated 2 August 1979 is applicable to
all and any activities that require hiring one or more
employees.

Closure obligations, and the Closure and Rehabilitation Plan of the

Area itself, must comply with the guidelines set forth by the
Environmental legislation and included (thoroughly) in the
Environmental Licence.

Environmental Law: Law No. 1333, dated 27 April 1992,

regulates all and any actions taken in reliance upon the
environment and contains specific provisions regarding
health and safety.

Since specific procedures are not set forth by law, but rather
designed by the interested Party and subsequently approved by the
competent authority, the Closure and Rehabilitation Plan of the
Area needs to be evaluated on a case-by-case basis and in
accordance with the guidelines explained in the above question 8.2.
8.4

Does the holding of native title or other statutory surface

use rights have an impact upon reconnaissance,
exploration or mining operations?

Environmental Regulation for Mining Activities: Supreme

Decree No. 24782, dated 31 July 1997, is a legal norm that
specifically applies to the mining industry and generally
regulates matters related to the environment, but also
particularly addresses some health and safety aspects.

Are there any zoning requirements applicable?

As per the Mining Law, participants are not permitted to undertake

any mining activity, including: (i) land reconnaissance; (ii)
exploration; (iii) production; (iv) processing; and (v) refining and
smelting: a) within cities, population centres, cemeteries, and any
other public or private buildings; b) within 100 metres of roads,
canals, pipelines, railways, electricity transmission lines and
telecommunication lines; c) near catchment areas of lakes, rivers,
springs and dams (this limitation is dependent on environmental
evaluations; d) within 1,000 metres of airports; e) within 300
metres of army barracks and other military installations; and f)
within 1,000 metres of historic and archaeological monuments.
Exceptions to the above are allowed in the following circumstances:
1) for roads, railways and electricity transmission lines that are used
for mines; and 2) if the mining project in question is designed to
serve social and economic functions and is declared as something
of interest to the Bolivian State.
Furthermore, the Constitution provides that the Bolivian State has
the right to undertake reconnaissance, exploration and evaluation in
specific areas declared as reserva fiscal minera, or State mining
reserve, for a maximum of five years to determine the mining
potential of the area. During this period of time, although the
Bolivian State shall not grant mining rights to private parties in the
areas under reservation, it shall respect pre-established rights.

10.2 Are there obligations imposed upon owners, employers,

managers and employees in relation to health and safety?

In general, all participants in the mining industry must draft and

submit an internal Hygiene and Occupational Safety Regulation for
approval that specifies their activities and working conditions.
Furthermore, the General Hygiene, Occupational Safety and Wellbeing Law provides that the managers of companies who employ
more than one person must put together a mixed committee in
charge of overseeing the compliance with the internal Hygiene and
Occupational Safety Regulation.

11

Administrative Aspects

11.1 Is there a central titles registration office?

Yes, the AJAM is the regulatory entity in charge of managing the

Mining Registry, Gridline Registry and Mining cadastre through a
specialised office.
11.2 Is there a system of appeals against administrative
decisions in terms of the relevant mining legislation?

Yes, the Mining Law sets forth a system of appeals that grant
participants (or any subject that feels that their legitimate interest

38

WWW.ICLG.CO.UK

ICLG TO: MINING LAW 2015

BM&O Abogados

First, there is a written revocation request (or reversal recourse),

that must be submitted by the same authority that issued the
decision that is deemed to negatively affect the corresponding
subjects legitimate interest and subjective rights.
Should the relevant authority refuse to revoke its decision, the
affected party may file an appeal to higher authority.

12

Constitutional Law

12.1 Is there a constitution which has an impact upon rights to

conduct reconnaissance, exploration and mining?

In addition to the specific provisions described in section 1 above,

the Bolivian Constitution contains a specific chapter applicable to
Mining and Metallurgy, which contains four articles.
The Mining and Metallurgy Chapter is included within the Natural
Resources Title and determines that the mining sector is considered
a strategic industry that is of public interest. Both qualities
determine that the Bolivian State is the only entity capable of
putting together a strategy for the development of the industry and
its execution (through the authorities and procedures explained
above).
Furthermore, the Bolivian Constitution establishes a mechanism of
consultation to native and indigenous peoples before any mining
activities can take place within their territories (which need to be
recognised by the Bolivian State).
12.2 Are there any State investment treaties which are
applicable?

Bolivia has announced that it is currently reviewing all investment

treaties and that it shall negotiate the execution of new, more fair,
ones.

13

Taxes and Royalties

13.1 Are there any special rules applicable to taxation of

exploration and mining entities?

Bolivias tax regime is applicable to all and any economic activities,

regardless of their specific industries. In this regard, there is a tax
levied on the annual net profit of companies (and people).
The tax on profits is payable on all earnings from a Bolivian source
and it does not take into consideration the nationality of the taxable
entity (or person).
In addition to the profit tax, there is a special tax levied on the profit
of mining companies (created by Supreme Decree No. 29577, dated
21 May 2008). This special tax is levied on all profit whenever a

ICLG TO: MINING LAW 2015

participant benefits from favourable pricing conditions in the

international market. The exact percentage is calculated on the
basis of a rentability coefficient.
13.2 Are there royalties payable to the State over and above
any taxes?

The Mining Law, in accordance with the Bolivian Constitution,

provides that in compensation for the exploitation of non-renewable
natural resources, all participants shall pay a Mining Royalty.

Bolivia

and subjective rights have been affected) two different recourses in

order to appeal administrative decisions.

Bolivia

Participants that undertake the following activities must pay the

Mining Royalty: (i) reconnaissance, concentration and/or
commercialisation at the sale moment or the exportation of minerals
and metals; (ii) smelting, refining and industrialising as part of the
production process of the mining chain; and (iii) reconnaissance
and exploration when the product obtained from such activities is
commercialised.
The Mining Royalty is payable with a 40 per cent discount by Stateowned mining companies and mining activities undertaken after the
issuance of the Mining Law and under Mining Contracts, which
include smelting, refining and/or industrialisation.
In addition to the Mining Royalty, the Mining Law provides that
participants shall pay a Mining Patent, determined as follows: (i)
for reconnaissance and exploration activities BOB 325 per grid
(cuadrcula minera); (ii) aerial reconnaissance BOB 50,000 per
Licence; and (iii) exploration BOB 400 per annum per grid for up
to 30 grids, BOB 500 per grid for 31 through 40 grids and BOB 600
thereon. An increase of 100 per cent shall be implemented five
years after the original mining rights have lasted five consecutive
years.
Title holders of Operation and Commercialisation Licences shall
pay a fixed Mining Patent of BOB 20,000 per annum.

14

Regional and Local Rules and Laws

14.1 Are there any local provincial or municipal laws that need
to be taken account of by a mining company over and
above National Legislation?

As per the Bolivian Constitution, the definition and execution of

mining policies is an exclusive attribution of the National
Government and thus local governments may only regulate the
management of aggregates in coordination (whenever applicable)
with native and indigenous peoples.
14.2 Are there any regional rules, protocols, policies or laws
relating to several countries in the particular region that
need to be taken account of by an exploration or mining
company?

For the time being, there are no specific rules, protocols, policies or
laws that need to be taken into account.

WWW.ICLG.CO.UK

39

Bolivia

BM&O Abogados

Bolivia

Adrin Barrenechea B.

Camilo Moreno O.

BM&O Abogados
Calle Santa Cruz # 779, Piso 1
Tarija
Bolivia

BM&O Abogados
Calle Santa Cruz # 779, Piso 1
Tarija
Bolivia

Tel:
Fax:
Email:
URL:

Tel:
Fax:
Email:
URL:

+591 4 666 8285

+591 4 666 6044
abarrenechea@jurisbolivia.com
www.jurisbolivia.com

Adrin Barrenechea was born in La Paz in 1980. He lived in

Bolivia most of his life, but finished High School in the USA where
he took law classes. He graduated from Universidad Privada
Boliviana, with honours.
Adrin has attended various courses in actualisation, the most
relevant being a course in Infrastructure Financing in Ryad,
Saudi Arabia in 2003, where he learned about different ways to
involve the private sector in the financing of infrastructures
typically in the charge of the State, such as roads, basic sanitation
and rural electrification. He also holds a diploma on negotiation,
mediation and conflict management awarded in 2006 from the
Universidad Mayor de San Andrs and the Universidad
Autnoma de Barcelona.
Adrin founded BM&O Abogados in 2012 and since then it has
become one of the most important law firms in Tarija, Bolivias
principal producer of hydrocarbons. He is also an accredited
arbitrator with the local Chamber of Industry and Commerce.
Adrin is counsel to Criales, Urcullo & Antezana, and works
closely with the law firm in different matters. His practice focuses
in corporate, administrative, energy and insurance law.

+591 4 666 8285

+591 4 666 6044
cmoreno@jurisbolivia.com
www.jurisbolivia.com

Camilo Moreno was born in Tarija in 1979 and received his JD

degree from Universidad Juan Misael Saracho in 2003. In 2004,
Camilo received a diploma in Technology and Management of Oil
and Natural Gas from the Bolivian Private University.
Camilo has garnered vast experience in advising private clients
on the execution of all sorts of administrative contracts and the
handling of their relationships with the public sector (both national
and local). Prior to joining BM&O Abogados, Camilo held the
position of Regional Office Director for one of Bolivias largest law
firms for over eight years.
Camilo has gained the respect and recognition of clients and
counterparts in all deals and transactions in which he has
participated, thanks to his detailed knowledge of the inner
workings of administrative contracts and the particular concerns
and interests of civil servants.
Camilos practice focusses on Corporate Law, Litigation, Labour
Law, Construction Law and Civil Law.
Finally, Camilo is an accredited arbitrator in the Tarijas Chamber
of Industry and Commerce.

BM&O Abogados is a full-service law firm, located in Tarija, Bolivias principal producer of hydrocarbons and a territory with huge
energy potential, which aims to become the growth pole in the country.
BM&O has a team of young and energetic professionals who have garnered their experience working for over ten years with two
of the most important law firms in the country, advising national and international clients from corporate and day-to-day matters,
to complex and high-profile transactions.
BM&O Partners understand that Tarija has been traditionally neglected by the largest Bolivian law firms, and have decided to
combine their experience and capabilities from the larger markets and their in-depth knowledge of the local market and context to
provide on-the-ground high-quality law services to national and international clients that operate and/or are looking to operate in
Tarija.
Our Partners have been recognised both nationally and internationally and have received awards such as the Energy Lawyer of
the Year in Bolivia in 2014, by the firm Corporate International (www.corp-intl.com). They have also been recognised by The
World Bank and the International Finance Corporation (IFC) for their contributions to the Doing Business Project.

40

WWW.ICLG.CO.UK

ICLG TO: MINING LAW 2015