Supreme Decree 4910

On April 12, 2023, the Executive Branch published Supreme Decree 4910, for the following purpose:

Strengthen the mechanisms of regulation, control, supervision, and monitor in the trade of gasoline and/or diesel. The Supreme Decree’s purpose is to make amendments and additions to Supreme Decree 28511, dated December 16, 2005.

AMENDMENTS

Section 3 of Supreme Decree 28511, dated December 16, 2005, is modified with the following text:

SECTION 3.- (AUTHORIZATIONS FOR THE PURCHASE OF GASOLINE AND/OR DIESEL IN DRUMS, DRUMS OR OTHER SUITABLE CONTAINERS).

1. The Directorate-General of Controlled Substances shall issue local purchase authorizations and route sheets to natural and legal person, who are registered to purchase and transport, on a monthly basis, gasoline and/or diesel, in volumes that are greater than 120 liters up to 5,000 liters, to be marketed from Liquid Fuel Service Stations authorized by the National Hydrocarbons Agency – NHA.
2. The Directorate-General of Controlled Substances shall issue local purchase authorizations and route sheets to natural and legal persons, who are registered to purchase and transport, on a monthly basis, gasoline and/or diesel, in volumes that are greater than 5,000 liters up to 19,999 liters, for self-consumption, to be marketed from Liquid Hydrocarbons Storage Plants authorized by the NHA.
3. The Directorate-General of Controlled Substances shall issue local purchase authorizations and route sheets to registered natural and legal persons, to purchase and transport gasoline and/or diesel, on a monthly basis, in volumes that are greater than 50 liters up to 5,000 liters, to be marketed from Liquid Fuel Service Stations authorized by the NHA at border areas.
4. As of the publication of this Supreme Decree, any natural or legal person that requires the Registration Certificate for the purchase of gasoline and/or diesel must make the request annually, before the Directorate-General of Controlled Substances, through an Affidavit, stating the production, service provided and/or destination and the corresponding requirements provided by current regulations, as appropriate.
5. A natural or legal person, who needs to increase the authorized volume for the purchase of gasoline and/or diesel assigned in their initial Registration Certificate, must update and justify through an Affidavit filed with the Directorate-General of Controlled Substances, stating the production, service provided and/or destination, as appropriate; as well as the volume of fuel used, prior an express supported request and a technical inspection of favorable assessment, provided by NHA regulations.

Section 6(I) of Supreme Decree 28511, dated December 16, 2005, is amended with the following text:

1. Liquid Fuel Service Stations and Liquid Fuel Sales Posts authorized by the NHA are prohibited from selling gasoline and/or diesel in cans, drums, or other types of suitable containers in volumes greater than 120 liters, on a monthly basis, to natural and legal persons that do not hold the respective authorization issued by the Directorate-General of Controlled Substances.

Section 7 of Supreme Decree 28511, dated December 16, 2005, is amended with the following text:

SECTION 7.- (SALE AT BORDER LIQUID FUEL SERVICE STATIONS).

1. The country’s border Liquid Fuel Service Stations are prohibited from marketing gasoline and/or diesel, in cans, drums or other types of suitable containers, without the authorization of the Directorate-General of Controlled Substances in volumes greater than 50 liters on a monthly basis.
2. Exceptionally, when the natural or legal person requires the purchase of volumes greater than 50 liters on a monthly basis, in cans, drums or other types of suitable containers, at border Liquid Fuel Service Stations, without the authorization of the Directorate-General of Controlled Substances, you can purchase an additional 50 liters at the international price of gasoline or diesel.
3. For the application of the preceding paragraph, the natural or legal person must complete the electronic purchase form in the B-SISA system.

ADDITIONS

Section 10 is added into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 10.- (CONTROL AND OVERSIGHT).

1. The control and oversight of the use and destination of gasoline and/or diesel will be the responsibility of the Directorate-General of Controlled Substances.
2. The Service Stations that sell gasoline and/or diesel must submit daily, up to 09:00, the information on the initial balances, volumes received, and volumes sold corresponding to the previous day, through the NHA computer system, which is equivalent to an Affidavit.
3. The submission of information on initial balances, volumes received and volumes marketed, for duly authorized liquid fuel Sales Points, shall be regulated by the NHA through an express resolution.

Section 11 is added into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 11.- (APPLIED SANCTIONS).

1. Sanctions for violation of the provisions of Section 3 of this Supreme Decree, will be applied in accordance with the Administrative Violations of the Regulations for Operations with Controlled Substances and Precursors for Industrial Use, approved by Supreme Decree 25846, dated July 14, 2000.
2. Non-compliance with the submission of information indicated in Paragraphs II and III of Section 10 of this Supreme Decree, will be sanctioned by the NHA with a fine equivalent to one (1) day of commission, calculated on the volume of products marketed for the former month.

Section 12 is incorporated into Supreme Decree 28511, dated December 16 2005, with the following text:

SECTION 12.- (INTEROPERABILITY).

The Vice-Ministry of Social Defense and Controlled Substances, through the Directorate-General of Controlled Substances, Yacimientos Petrolíferos Fiscales Bolivianos – YPFB and the NHA, must share and exchange data and information between them through the interoperability of their computer systems, in order to strengthen the mechanisms of control and supervision in the trade and final destination of gasoline and/or diesel, dispatched from Liquid Hydrocarbon Storage Plants and/or Liquid Fuel Service Stations.

Section 13 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

Section 13.- (SUBMISSION OF INFORMATION).

1. For purposes of strengthening the control and supervision mechanisms in the trade and final destination of gasoline and/or diesel, dispatched from Liquid Hydrocarbon Storage Plants and/or Liquid Fuel Service Stations, the Vice-Ministry of Social Defense and Substances Controlled Substances, through the Directorate-General of Controlled Substances, a digital copy of the local Purchase Authorization Registry and route sheets you must sent to the NHA, in addition to the supporting documents submitted to the Directorate-General of Controlled Substances.
2. With the information provided in Section 12(I) of this Section, the NHA may analyze and deem the information submitted by the natural or legal person as an Affidavit, in case of any observations, it will send it to the Directorate-General of Controlled Substances, for this entity to assume the corresponding actions.

Section 14 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 14.- (GLOBAL POSITIONING SYSTEM).

1. The NHA must register and monitor the tanks that remove and transport gasoline and/or diesel, authorized by the Directorate-General of Controlled Substances, from the Liquid Hydrocarbon Storage Plants and/or Liquid Fuel Service Stations to the final destination; For this purpose, the tanks must have, as a requirement, a Global Positioning System – GPS equipment, whose characteristics and registration will be regulated by the NHA.
2. The monitoring system will be overseen by the NHA.
3. According to the information generated by the monitoring system, the NHA will send it to the Directorate-General of Controlled Substances for its control and oversight.

Section 15 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 15.- (PROHIBITION)

1. Liquid Fuel Service Stations and/or Liquid Fuel Sales Posts are prohibited from selling gasoline and/or diesel in cans, drums, or other types of suitable containers, on a monthly basis, in volumes of less than 120 liters or 50 liters in border crossing areas, without the filing of the identity card of the buyer in original and simple photocopy.
2. Once the NHA has completed the implementation of the electronic acquisition form under the B-SISA system, the Liquid Fuel Service Stations, in addition to the filing of the buyer’s identity card in original and a photocopy, must seek the electronic form of acquisition in the B-SISA system.
3. The sale of gasoline and/or diesel to minors is prohibited at all Liquid Fuel Service Stations and/or Liquid Fuel Sales Points nationwide.

Section 16 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 16.- (B-SISA ELECTRONIC FORM).

1. Individual or collective persons, who need to purchase gasoline and/or diesel in cans, drums or other types of suitable containers, on a monthly basis, in volumes of less than 120 liters or 50 liters in border areas, must complete the electronic form of acquisition in the B-SISA system, as an Affidavit.
2. The Liquid Fuel Service Stations will proceed to fill out the electronic form in the B-SISA system, for users who require it.

Section 17 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 17.- (MONTHLY VOLUME PROGRAM).

In case of evidence of tampering with the normal supply, irregularities in the trade or destination of the fuels as a result of the control and oversight, the NHA will make the necessary adjustments to the programming of monthly volumes of the Liquid Fuel Service Stations and Liquid Fuels Sales Posts.

1. Section 18 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 18.- (FUEL COLOR AT THE BORDER AND RISK AREAS).

The color of the fuel to be sold at border Liquid Fuel Service Stations and in Risk Areas will be different from what is established in the Fuel Quality Regulations, approved by Supreme Decree 4718 dated May 18, 2022, whose implementation shall be defined by the Regulator.

Section 19 is incorporated into Supreme Decree 28511, dated December 16, 2005, with the following text:

SECTION 19.- (CONTROL OF DISTRIBUTION, TRANSPORT AND TRADE).

Exceptionally, the NHA is authorized to carry out the control of the transport, distribution, and trade of LPG in bottles, diesel oil and gasoline, subsequent to the sale in Liquid Fuel Service Stations, Storage Plants and LPG Distribution Plants, for purposes of deterring smuggling, agio and speculation, without prejudice to the authority and powers provided to the competent entities.

Sergio Dávila

C.R. & F. Rojas Abogados

This article is not an analysis, it is a brief commentary on the current legal regulation in Bolivia.