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Bolivia

Bolivia

Title

Class

Number

Date

Published (Date)

Summary

-

Supreme Decree

23318-A

3 November 1992

Gaceta Oficial (4 December 1992)
(10 April 1995)

Supreme Decree 23318-A of 11/3/92 approves the Regulation of Liability by the Public Function as appears in the annex and becomes a part of this Decree. Regulation deals with foundation and extent; terminology; administrative liability; executive liability; civil liability; and criminal liability; other provisions. (67 provisions; pp. 2-23)

Legislation to Criminalize Money Laundering

- -

1997

- -

  Code Against Nepotism in the Judicial Branch (Reglamento de Incompatibilidad Funcionaria y Nepotismo).

Law

2027

October 27 1999

- -

Civil Servants Act (Estatuto del Funcionario Público)

 

Law

2027

October 27 1999

-

The law is intended to eliminate illicit practices that hinder the development of a professional civil service.

Full Text

Customs Law (Ley General de Aduanas) Law 1990 JUly 28 1999 - The law is intended to increase customs revenues and curb corruption by establishing stiff penalties against public servants involved in smuggling activities.

Full Text

Article 64 of the Constitution Law - - - Article 64 of the Constitution states that "Senators and Deputies may not purchase or lease public goods, either in their own name or that of a third party, nor enter into public works or supply contracts with the State, nor obtain from the State concessions or any other form of personal advantage. Neither may they, for the duration of their mandate, be offcers, employees, agents, advisors or attorneys of autarkic entities or of cooperations or enterprises that engage in business with the State."
Basic Rules on Personnel Administration Supreme Resolution 217064 October 23, 1997 December 15, 1997 Article 5 describes the incompatibilities with holding a public post.

Full Text

Municipalities Law Law 2025 October 28, 1999 November 8, 1999 Article 30 refers to  conflict of interests, providing that council members may not put their private interests before the public interest of the municipality.

Full Text

Capitalization Law Law 1544 March 21, 1994 March 22, 1994 Articles 8 and 9 say that Public Officials, from the President to Members of the Boards of Directors of Government owned firms and their blood relations in direct or collateral line, are disqualified from participating - either directly or indirectly - as investors in the capitalization of the firms that are the subject matter of this law. This disqualification shall continue for four years after they cease to exercise their respective public functions. Contravention of the provisions contained in this article shall result in the invalidation of the shares owned by the disqualified person, the value of which shall revert to the stockholders' capital of the company.
Executive Branch Organization Law Supreme Decree 24855 September 22, 1997 September 23, 1997 Article 11 refers to the incompatibility for Ministers, Vice-Ministers and Directors General, to exercise functions at any level or act as agents of private firms and of labour unions or civic entities. This incompatibility of functions also extends to the exercise of a salaried profession or occupation whether, independently or in association, with the exception of university teaching.
Adminisration and Control of Government's Law (SAFCO Law) Law 1178 June 20, 1990 - Article 1 creates the government resources administration and control systems and defines their relationship with the National Planning and Public Investment Systems.

Article 1, Clause C and Article 27, Clause C of SAFCO Law and Article 144 of Criminal Code contain provisions that ensure the protection and proper use of resources assigned to Government Officials for the performance of their functions.

Article 35 of SAFCO Law and Article 123 of Code of Criminal Procedure contain measures and systems requiring Government Officials to report to appropriate authorities acts of corruption in the performance of public functions.

Article 27 of SAFCO Law and Article 12 of the Government Official Statute establish an obligation to instruct Government Personnel to ensure proper understanding of their responsibilities and the ethical rules governing their activities.

Full Text

Government Official Statute Law 2027 October 27, 1999 May 4, 2000 Article 10 provides that Public Servants may neither direct, administer, advise, sponsor, represent nor provide paid or unpaid services to individuals or collective persons, privileges, or attempt to enter into a contract of any kind with entities of the Public Administration.
Basic Rules on the Goods and Services Administration System Supreme Resolution 216145 August 5, 1995 - Article 60 provides that, under the legal provisions in force, a bidder shall be declared incompatible when the bid was presented either directly by National Representatives, State Dignitaries or Government Officials who occupy Executive Posts or are connected with the hiring process, or through companies in which they have a share holding. Said prohibition shall remain in effect for one year after they cease to exercise their functions.
Criminal Code Law 1768 March 10, 1997 - Article 150 provides that Govenment Officials who, either themselves, through another person, or by a  simulated action, acquire an interest in and obtain either for themselves or for a third party, an illegal benefit from any contract, provision, auction or transaction in which they are involved by virtue of their post shall be liable to imprisonment for one to three years and a fine of 500 days.

Article 145 of the Criminal Code refers to the offense of personal acceptance of bribes and establishes a punishment of 2 - 6 years and a fine of 30 - 100 days.

Popular Participation Law Law 1551 April 20, 1994 - Law 1551 establishes social control mechanisms via the formation of Monitoring Committees, which are empowered to control the use by Municipal Governments of Tax Revenue they collect on a co-participation basis.

 

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