The Internal Administrative Resolution RA/AEMP/DJ/N°42/2024 of March 27, 2024 by the Authority for Corporate Auditing (AEMP) approved the Regulation for the application of sanctions to administrative infractions regarding the legitimization of illicit profits, financing of terrorism and financing of the proliferation of weapons of mass destruction (LGI/FT and FPADM), applicable to the Designated Non-Financial Businesses and Professions - DNFBPs designated by the FIU.

The following are defined as regulated entities:

  1. Companies with Real Estate activities.
  2. Companies with legal or juridical activities
  3. Companies with accounting activities

Non-compliance with the obligations set forth in Article 25 of Supreme Decree No. 4904 (Rule that regulates the organization and attributions of the FIU) are considered administrative violations.

The non-compliance with the obligations described above is classified as follows:

  • Slight
  • Moderate
  • Serious

The applicable sanctions, according to the seriousness of the failure to comply with one or more points set forth in article 25 of Supreme Decree No. 4904 shall be:

  • Written warning
  • Fine
  • Temporary suspension

The Fines and Imposition of Sanctions will be imposed in national currency, i.e. Bolivianos, and will be determined according to the following parameters:

  • Basis for calculation of the fine: based on 5% of the annual gross income or the positive balances of the Obligated Entity's equity, exposed in the Financial Statements.
  • Procedure for the determination of the fine: it will be determined according to the seriousness of the infraction and under the procedure established in Law No. 2341 of Administrative Procedure and Regulations approved by Supreme Decree No. 27175.
  • The enforcement of penalties must be complied with in a timely and fixed term, in the manner established by the regulatory agency.

The Resolution defines recidivism as the fact of committing the same infraction two or more times within the two (2) years following the sanctioning resolution that has caused status or does not admit subsequent appeal in the administrative venue and is recorded in the AEMP's sanctions registry.

Finally, exonerating causes of liability will only be considered when the infringements committed by the Obligated Entity are due to force majeure or fortuitous event, which must be proven before the opening of inspection processes.