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Bolivia: Senate approves law that liberates importation of fuels for private sector

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/Agencia ABI

The full session of the Bolivian Senate Chamber approved a law that liberates the importation of gasoline and diesel for the private sector, along with exempting them from paying taxes (IT and VAT) and allows them to sell them at a differentiated market price.

However, there is currently already an exemption from the Value Added Tax (VAT) and the Tariff Duty (GA) for the importation of diesel and gasoline, in addition to other facilities that simplify the procedures.

The bill approved in the Senate was presented by members of the Pro Santa Cruz Committee and put on the agenda by the opposition senator from Creemos, Centa Rek. The legal initiative is called the exceptional and transitory short bill to guarantee the supply of diesel and gasoline in an emergency situation.

The proposal, handled with a waiver of procedures, consists of 9 articles and was approved by more than two-thirds in its stages in general and in detail. Once the procedure was completed, the acting President of the Senate, Gladys Alarcón, ordered its referral to the Chamber of Deputies for review.

There is currently a gap in fuel supply, due to the lack of foreign currency, the government explained, which has resulted in long lines of vehicles at fueling stations in different regions. For gasoline, 100% of the demand has already been dispatched, but for diesel there are still limitations.

Reck justified the approval of the bill due to the irregular supply of fuels by the state-owned company Yacimientos Petrolíferos Fiscales Bolivianos (YPFB).

This stance was supported by her colleague from Creemos, Henry Montero, as well as the evista senator Simona Quispe and her colleagues Pedro Benjamín Vargas and Miguel Rejas.

The bill establishes, due to the emergency, “an exceptional, agile, and transparent regime for the importation, entry into national territory, transportation in tanker trucks, railway tank wagons / river barges to international ports; and direct dispatch of fuels gasoline, diesel oil and LPG by private operators to Storage Plants /or service stations authorized by the ANH, in order to guarantee the national supply on an emergency basis.”

Exceptionally and for a period of three, private individuals or legal entities will be authorized to import diesel and gasoline for their commercialization in the internal market.

It is specified that “in the event that Yacimientos Petrolíferos Fiscales Bolivianos – YPFB does not grant 100% of the quota or capacity of the corresponding tanks, companies may freely purchase the imported diesel or import their diesel and gasoline, which may be sold at a differentiated price.”

Thanks to the state subsidy, in Bolivia a liter of diesel is at Bs 3.72 (USD 0.53) and a liter of Special Gasoline is at Bs 3.74 (USD 0.54). In September, the company Empacar S.A.

inaugurated in Santa Cruz its private service station, where it sells imported diesel without subsidy at Bs 13.99 per liter (USD 2.01).

For the importation of diesel and gasoline and their commercialization in the domestic market, the regulation approved this Wednesday exempts the private sector from paying the Transfer Tax (IT) and the Value Added Tax (VAT).

Furthermore, the National Hydrocarbons Agency (ANH) is delegated to generate the necessary mechanisms to control that subsidized fuel is not sold as directly imported fuel, under penalty of losing all types of fuel commercialization authorizations.

In case of hoarding or retail sale in places not authorized by the ANH, diversion, adulteration, or speculation above >10% of the declared or calculated sale price in the destination zone or region of final distribution for consumption, a fine equal to the value of the shipment will be applied, suspension of the operations license, and criminal charges when applicable.

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