{"id":143148,"date":"2026-06-10T09:06:58","date_gmt":"2026-06-10T09:06:58","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143148"},"modified":"2026-06-10T09:35:22","modified_gmt":"2026-06-10T09:35:22","slug":"bolivia-bribery-corruption","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/bolivia-bribery-corruption\/","title":{"rendered":"Bolivia: Bribery &amp; Corruption"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143148","comparative_guide","type-comparative_guide","status-publish","hentry","guides-bribery-corruption","jurisdictions-bolivia"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Ratio Legis<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/ration-legis-white.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Ratio Legis<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/06\/ration-legis-white.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Bribery &amp; Corruption laws and regulations applicable in Bolivia<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal framework (legislation\/regulations) governing bribery and corruption in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, when referring to bribery and corruption, the list of relevant offences is broader than a single criminal classification. Under the Bolivian Criminal Code, the relevant offences may include active bribery, passive bribery, extortion by a public official, undue use of influence, incompatible negotiations, illicit enrichment, money laundering, anti-economic conduct, benefits obtained by reason of office, and breach of duties, depending on the specific circumstances of the case.<\/p>\n<p>The applicable legal framework includes the Political Constitution of the State, the Criminal Code, the Criminal Procedure Code, Law 004 \u201cMarcelo Quiroga Santa Cruz\u201d, the Organic Law of the Public Prosecutor\u2019s Office, the Law of the Office of the Attorney General of the State, the rules governing the Judiciary, the rules governing the Office of the Comptroller General of the State, the regulations applicable to the Financial Investigations Unit, and the Organic Law of the Bolivian Police.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which authorities have jurisdiction to investigate and prosecute bribery and corruption in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, bribery and\/or corruption offences may be reported by any authority or private individual. As these are criminal offences subject to public prosecution, any citizen has the right and, where applicable, the duty to file a complaint for investigative purposes before the Public Prosecutor\u2019s Office or the Special Force for the Fight Against Crime (FELCC).<\/p>\n<p>Criminal courts and tribunals, including the specialised anti-corruption courts established under Law 004, are competent for judicial oversight and adjudication of these offences. The Supreme Court of Justice is competent to hear extraordinary remedies at the final instance, in accordance with the applicable procedural rules.<\/p>\n<p>Other public entities may also intervene within the scope of their respective powers. These include the Office of the Attorney General of the State, for the defence of the State\u2019s patrimonial interests; Transparency and Anti-Corruption Units or Internal Audit Units within public entities, for the detection, management and referral of potential criminal acts; the Office of the Comptroller General of the State, in relation to governmental control; and the Financial Investigations Unit (UIF), in relation to financial intelligence, analysis, processing and transmission of information for the prevention and detection of related offences, particularly money laundering and other offences within its competence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is \u2018bribery\u2019 or \u2018corruption\u2019 (or any equivalent) defined?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, corruption is understood as the \u201crequest or acceptance, direct or indirect offer or granting, by a public servant, natural or legal person, whether national or foreign, of any object of pecuniary value or other benefits, such as gifts, favours, promises or advantages, for himself or herself or for another person or entity, in exchange for the action or omission of any act affecting the interests of the State\u201d, pursuant to Article 2 of Law 004 \u201cMarcelo Quiroga Santa Cruz\u201d.<\/p>\n<p>Likewise, Bolivian law does not define \u201cbribery\u201d as a single autonomous concept in the same terms used in common law jurisdictions. Instead, bribery related conduct is mainly addressed through the offences of active bribery and passive bribery, as well as related offences such as undue use of influence, benefits obtained by reason of office, extortion by a public official and transnational bribery, depending on the facts of the case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the law distinguish between bribery of a public official and bribery of private persons? If so, how is 'public official' defined? Is a distinction made between a public official and a foreign public official? Are there different definitions for bribery of a public official and bribery of a private person?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivian law criminalises bribery through the offences of passive bribery (Article 145 of the Criminal Code) and undue use of influence (Article 146 of the Criminal Code), both of which are linked exclusively to the exercise of public functions. Accordingly, Bolivian law does not specifically criminalise private-to-private bribery as an autonomous offence.<\/p>\n<p>For these purposes, a public official or public servant should be understood as \u201cany person who exercises a public function, whether permanently or temporarily, remunerated or not, within State bodies or public entities, with decision-making, administrative, custodial or executive authority over public functions\u201d. This concept is not limited to the person\u2019s formal title, but extends to the nature of the function actually performed.<\/p>\n<p>In order to avoid impunity for conduct between private parties that may be related to bribery, such conduct may, depending on the circumstances, fall within other criminal offences, such as fraud, disloyal administration where applicable, misappropriation, breach of trust, money laundering, or specific corporate or economic offences.<\/p>\n<p>It may therefore be concluded that, in Bolivia, \u201cbribery\u201d applies only within the public sphere and must include the following typical elements: a qualified functional subject, an undue advantage, a connection with an official act, and an impact on the public administration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who may be held liable for bribery?  Only individuals, or also corporate entities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, liability for bribery has traditionally been based on individual criminal liability, applicable to natural persons, and does not apply directly to corporate entities.<\/p>\n<p>However, Law 004 broadens the scope of application regarding persons responsible for corruption to include \u201c \u2026 private persons, whether natural or legal persons, and all persons who, without being public servants, commit corruption offences causing economic damage to the State or unduly benefit from State resources\u201d, with such liability extending to patrimonial, administrative or civil liability.<\/p>\n<p>Accordingly, Supreme Court Ruling 647\/2014 of 13 November 2014 states that \u201c \u2026 the national legal system does not provide for the direct criminal punishment of natural or legal persons, bearing in mind that their acts are not, strictly speaking, actions, since they lack something essential, namely will, a faculty with which only natural persons are endowed.\u201d Therefore, it is understood that natural persons act on behalf of legal entities and, where an unlawful act is committed, the person to be criminally sanctioned must be the natural person.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the civil consequences of bribery and corruption offences in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Bolivian legal system, any offence that causes patrimonial or non-patrimonial damage gives rise to civil liability, which consists of the full reparation or restitution of the damage caused. These consequences may differ depending on whether the offence concerns bribery, including passive bribery and related offences, or broader corruption offences.<\/p>\n<p>In the case of bribery, including passive bribery and related offences, the civil consequences may include: (i) restitution of the undue benefit; (ii) compensation for damages; (iii) economic reparation; and (iv) nullity of the tainted act. In the case of broader corruption offences, these consequences may extend to: (v) restitution; (vi) asset recovery; (vii) full reparation; and (viii) broader patrimonial reparation.<\/p>\n<p>Accordingly, civil consequences may apply not only to natural persons, but also to legal entities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the criminal consequences of bribery and corruption offences in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As noted above, criminal liability in Bolivia mainly falls on natural persons, with custodial sentences being the principal criminal consequence.<\/p>\n<p>In the case of bribery, including passive bribery and related offences, the criminal consequences may include: (i) fines; (ii) disqualification; (iii) confiscation; and (iv) imprisonment. In the case of broader corruption offences, these consequences may extend to: (v) asset recovery and enforcement against assets; and (vi) disqualification from holding or exercising public office.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the law place any restrictions on hospitality, travel and\/or entertainment expenses? Are there specific regulations restricting such expenses for foreign public officials?  Are there specific monetary limits for such expenses?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Hospitality, travel and\/or entertainment expenses may fall within the scope of bribery, including passive bribery and related offences, where a public official, public servant or public authority requests, receives or accepts such benefits in order to perform or refrain from performing an act related to his or her functions, or contrary to the duties of his or her office. Likewise, such conduct may fall within active bribery where a person offers, promises or grants gifts or any other advantage.<\/p>\n<p>In addition, Law 2027, the Public Officials Statute, prohibits public officials, public servants and public authorities from \u201caccepting from any individual or collective person, whether public or private, national or foreign, gifts, presents, benefits or any other type of gratuity aimed at directly or indirectly favouring matters under their responsibility or asserting influence before other public servants for similar purposes \u2026\u201d. This prohibition is related to the offence of passive bribery.<\/p>\n<p>Similarly, the NB-SABS rules, which govern the System for the Administration of Goods and Services, prohibit public officials, public servants and public authorities from accepting or requesting benefits or gifts from bidders, their legal representatives or third parties related to them. This is also connected to the offence of passive bribery referred to above.<\/p>\n<p>Finally, for clarification purposes, Bolivian law does not establish monetary thresholds that operate as exemptions, aggravating circumstances or mitigating circumstances for the offence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are political contributions regulated? If so, please provide details.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Political contributions are regulated by Law 1096 on Political Organisations and by regulations issued by the Plurinational Electoral Body. Bolivia follows a mixed financing model, consisting of private financing subject to restrictions and public strengthening mechanisms.<\/p>\n<p>Political organisations may receive contributions from members, supporters, guests and affiliates, public collections, contributions, donations or lawful subsidies from private sources. Contributions from public entities, unauthorised foreign sources, religious organisations, owners of gambling businesses, anonymous contributions, except in the case of public collections, forced contributions and contributions from unlawful sources are prohibited.<\/p>\n<p>No individual contribution may exceed 10% of the annual or campaign budget. In addition, political organisations are subject to oversight obligations, audited financial statements and accountability requirements before the Plurinational Electoral Body.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are facilitation payments prohibited or regulated? If not, what is the general approach to such payments?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Facilitation payments, understood as payments made to a public official, public servant or public authority in order to expedite or process without delay a procedure, inspection, registration or similar administrative act, are prohibited in Bolivia. Such payments may fall within the scope of passive bribery and related offences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences available to the bribery and corruption offences in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With respect to bribery and related offences, the principles, guarantees and remedies recognised under the Political Constitution of the State and applicable law are available to the accused. In corruption offences, these guarantees also apply; however, the legal treatment is stricter where damage to the State is involved. In such cases, the offences are not subject to limitation periods, and judicial pardon and conditional suspension of sentence are not available. This applies to public officials, public servants, public authorities and private individuals, as applicable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are compliance programs a mitigating factor to reduce\/eliminate liability for bribery and corruption offences in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Bolivian legislation does not expressly recognise compliance programmes as a legal defence or as a formal mitigating factor capable of eliminating or reducing criminal liability for bribery or corruption offences. Criminal liability is assessed under the general rules of the Criminal Code, including culpability, intent and personal participation.<\/p>\n<p>However, compliance programmes may be relevant in practice to demonstrate the absence of intent, lack of participation by directors, representatives or corporate bodies, corporate diligence, and the existence of effective internal controls. In regulated sectors, particularly the financial sector and AML\/CFT, compliance systems, risk management and internal controls are relevant for administrative and supervisory purposes, but they do not constitute a general criminal defence against bribery or corruption.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has the government published any guidance advising how to comply with anti-bribery and corruption laws in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Bolivia has not published a comprehensive government guide specifically addressed to companies on how to comply with anti-bribery and anti-corruption laws. However, there are institutional and sector-specific instruments concerning transparency, prevention, complaint management and AML\/CFT.<\/p>\n<p>Law 974 grants Transparency and Anti-Corruption Units powers to promote and implement plans, programmes and actions on transparency, prevention and the fight against corruption; manage complaints; propose regulations, manuals, guidelines and instructions within the scope of their functions; and implement guidelines issued by the Ministry of Justice and Institutional Transparency.<\/p>\n<p>In addition, the Financial Investigations Unit and financial regulations issue sector-specific AML\/CFT rules applicable to obliged entities, including customer due diligence, internal controls, suspicious transaction reporting and risk-based compliance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are mechanisms such as Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs) available for bribery and corruption offences in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Bolivia does not have mechanisms equivalent to Deferred Prosecution Agreements or Non-Prosecution Agreements for bribery and corruption offences. Bolivian criminal procedure provides for alternative resolutions in certain limited cases, but these do not operate as corporate non-prosecution or deferred prosecution agreements.<\/p>\n<p>Furthermore, Law 004 expressly excludes benefits such as conditional suspension of sentence and judicial pardon in corruption offences. Cooperation may have practical relevance and, in specific cases, voluntary reporting may reduce the applicable sentence, but it does not automatically extinguish criminal prosecution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the law in your jurisdiction provide protection to whistle-blowers? Do the authorities in your jurisdiction offer any incentives or rewards to whistle-blowers?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Bolivia has a legal regime for the protection of whistleblowers and witnesses, although it does not have a comprehensive system of financial rewards.<\/p>\n<p>Law 458 establishes the System for the Protection of Whistleblowers and Witnesses, applicable to public servants, former public servants, private individuals and their close family environment who may suffer retaliation for reporting, lawfully disclosing information or evidence, or participating in administrative or judicial proceedings in relation to corruption offences and other serious crimes. Protective measures may include reservation of identity and confidentiality of personal data, preservation of labour rights, police protection, temporary accommodation, psychological assistance and other appropriate measures.<\/p>\n<p>Law 974 also allows requests for reservation of identity before the Transparency and Anti-Corruption Units and requires confidentiality regarding complaints, the identity of the complainant and related documentation. However, Bolivian legislation does not provide for general financial incentives or rewards for whistleblowers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the law in your jurisdiction enable individual wrongdoers to reach agreement with prosecutors to provide evidence\/information to assist an investigation or prosecution, in return for e.g. immunity or a reduced sentence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivian law does not provide for a general immunity regime or formal agreements with prosecutors equivalent to plea agreements, cooperation agreements, Deferred Prosecution Agreements or Non-Prosecution Agreements for bribery and corruption offences.<\/p>\n<p>However, Law 004 provides for a specific benefit in cases of voluntary reporting. Any person who has participated or participates as an instigator, accomplice or accessory, and who voluntarily reports and cooperates in the investigation and prosecution of corruption offences covered by that law, may benefit from a reduction of two-thirds of the applicable penalty.<\/p>\n<p>Therefore, individual offenders may obtain a reduction of sentence through voluntary reporting and cooperation, but this does not amount to full immunity and does not automatically extinguish criminal prosecution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How common are government authority investigations into allegations of bribery? How effective are they in leading to prosecutions of individuals and corporates?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, government investigations into allegations of bribery under previous governments (Morales\/Arce) were relatively recurrent and frequent, particularly for political purposes or as a deterrent in situations involving personal interests. These investigations mainly resulted in proceedings against political natural persons or companies linked to public officials.<\/p>\n<p>In the private sector, corruption complaints also began to be used as a common practice to delay or defer private debts, which generated considerable legal uncertainty and distrust in the system.<\/p>\n<p>Currently, the new Government (Paz) has initiated corruption cases against high-ranking authorities of the previous Government in matters of national relevance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the recent and emerging trends in investigations and enforcement in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivia, being under a new Government, does not yet have a clearly defined enforcement trend. However, following Bolivia\u2019s inclusion on the GAFILAT grey list, transparency and good practices have become a matter of national concern. Accordingly, the financial and securities sectors, as well as the National Tax Service and the Companies Authority, are initially prioritising rules, systems and requirements aimed at complying with GAFILAT standards and minimising these contingencies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a process of judicial review for challenging government authority action and decisions? If so, please describe the key features of this process and remedy.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Bolivia recognises judicial, administrative and constitutional review mechanisms against actions and decisions of public authorities. In criminal proceedings, the parties may file procedural motions, objections, interlocutory appeals, restricted appeals against criminal judgments and cassation appeals, as applicable.<\/p>\n<p>The Constitution guarantees the right to challenge judicial decisions. In addition, constitutional actions may be brought; such as the Action for Liberty, Constitutional Amparo, Action for Compliance or Action of Unconstitutionality, where constitutional rights or guarantees are violated.<\/p>\n<p>In public procurement matters, the NB-SABS provides for administrative challenges against certain resolutions. The resolution deciding such challenge does not admit any further administrative appeal, thereby opening the corresponding judicial avenue. Available remedies may include annulment of proceedings, revocation or modification of measures, exclusion of unlawfully obtained evidence, constitutional relief, review by higher courts and, where applicable, access to judicial proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any significant developments or reforms in this area in your jurisdiction over the past 12 months?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most recent development in Bolivia last year was issued by the National Tax Service in relation to the Beneficial Ownership Register, under a concept aligned with the Companies Authority and ASFI, as follows: \u201ca) The beneficial owner is the natural person or persons who are shareholders or partners with a percentage equal to or greater than twenty per cent (20%) of direct or indirect shareholding or ownership participation; b) Where there is doubt or no natural person meets the criterion set out in subparagraph a) of this paragraph, the beneficial owner shall be deemed to be the natural person who exercises control over the legal person or legal arrangement through other means; c) Where no natural person is identified in accordance with subparagraphs a) or b) of this paragraph, the beneficial owner shall be the natural person or persons holding the position of the highest-ranking managerial officer of the legal person.\u201d<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any planned or potential developments or reforms of bribery and anti-corruption laws in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivia is currently in a context of legal reform, considering the change of Government and political orientation. In this context, it is foreseeable that policies will be promoted to attract investment, strengthen institutional transparency and provide greater legal certainty for investors.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To which international anti-corruption conventions is your country party?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Inter-American Convention against Corruption \u2013 OAS;<\/p>\n<p>United Nations Convention against Corruption \u2013 UN;<\/p>\n<p>United Nations Convention against Transnational Organized Crime \u2013 UN.<\/p>\n<p>In addition, Bolivia participates in GAFILAT, the Financial Action Task Force of Latin America, which is not a convention but forms part of the regional AML\/CFT framework.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do you have a concept of legal privilege in your jurisdiction which applies to lawyer-led investigations? If so, please provide details on the extent of that protection. Does it cover internal investigations carried out by in-house counsel?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Bolivia recognises professional secrecy and confidentiality, although it does not have a developed legal privilege regime equivalent to that of common law jurisdictions. The Constitution protects private communications, correspondence and private papers, and evidence obtained in violation of correspondence or communications has no legal effect. The Criminal Code criminalises the unjustified disclosure or use of secrets known by reason of status, ministry, profession, employment, occupation, craft or commission. The Criminal Procedure Code also excludes the duty to report where the facts became known under professional secrecy.<\/p>\n<p>There is no specific regulation governing internal investigations led by lawyers, nor any specific regime on privilege for in-house counsel. In principle, protection will depend on whether the information was obtained in the exercise of professional functions and within a relationship of confidentiality or professional secrecy. However, in anti-corruption and AML\/CFT matters, confidentiality may be limited by specific legal duties to provide information, particularly before the Financial Investigations Unit, the Public Prosecutor\u2019s Office or other competent authorities in relation to financial, commercial, tax or economic information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How much importance does your government place on tackling bribery and corruption? How do you think your jurisdiction\u2019s approach to anti-bribery and corruption compares on an international scale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivia, through its government, has adopted a policy of direct action against bribery and corruption, considering them to cause harm both to the State and to citizens. The objective is to establish a progressive regulatory framework aimed at preventing and curbing such acts or omissions. Compared internationally, the financial, tax and commercial systems appear to be highly committed to rejecting acts of bribery and corruption.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Generally, how serious are corporate organisations in your country about preventing bribery and corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If corporate organisations are understood as private companies, these are among the most committed actors in preventing bribery and corruption, since reputational risk can be significant and difficult to quantify economically. In addition, preventive measures such as attachments, travel bans and other restrictions may weaken, or even lead to the collapse of, the company involved.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the biggest challenges corporate entities face when investigating bribery and corruption issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main challenge is the incorporation of compliance into the Criminal Code, for the purpose of mitigating the criminal liability of legal entities. In addition, the doctrine of piercing the corporate veil should be reviewed in cases of bribery and corruption, in order to delimit the criminal liability of shareholders and\/or legal representatives. Furthermore, corporate entities, as protectors of their reputational image, face the challenge of increasing transparency in their operations and eliminating any possibility of bribery or corruption linked to the company.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the biggest challenges enforcement agencies\/regulators face when investigating and prosecuting cases of bribery and corruption in your jurisdiction? How have they sought to tackle these challenges?  What do you consider will be their areas of focus\/priority in the next 12-18 months?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main challenge lies in the training, education and specialisation of enforcement agencies, including the Financial Investigations Unit. In addition, the increasing development of technology, digital payment methods, artificial intelligence and blockchain requires specialised and agile mechanisms for the investigation, detection and sanctioning of bribery and corruption offences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How have enforcement agencies\/regulators in your jurisdiction sought to address the challenges presented by the significant increase of electronic data in either investigations or prosecutions into bribery and corruption offences?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivia\u00b4s public administration does not yet use tools such as data mining or other qualified systems to measure the real levels of bribery or corruption and their evolution. Therefore, the country remains relatively far from the use of complex information technology systems for the detection and investigation of these criminal offences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What do you consider will be the most significant bribery and corruption-related challenges posed to businesses in your jurisdiction over the next 18 months?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bolivia is undergoing a process of economic and social reactivation, with the intention of undertaking large-scale projects and attracting foreign investment. Accordingly, the legal and political challenge is to generate legal certainty, which entails the incorporation of compliance, investment arbitration and other mechanisms to protect investors and promote Bolivia\u2019s growth.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How would you improve the legal framework and process for preventing, investigating and prosecuting cases of bribery and corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bolivia, the process for preventing, investigating and prosecuting bribery and corruption cases should be strengthened through education, from basic education through to professional training. It is essential to understand that bribery and corruption harm society\u2019s values and damage the country\u2019s reputation, both nationally and internationally. In addition, the legal framework should initially be improved through the incorporation of compliance as a ground for exemption from liability, accompanied by an intensive educational campaign.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4021<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/143148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=143148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}