CURRENT TRENDS IN MINING TAXATION IN BOLIVIA

• Jurisdiction: Derecho Internacional

International Mining Law and Investment in Latin America and the Caribbean
(Apr 2005)
CHAPTER 5A
CURRENT TRENDS IN MINING TAXATION IN BOLIVIA
Fernando Aguirre B.
Attorney at law
Senior Partner
Bufete Aguirre Soc. Civ.
La Paz, Bolivia

Dr. Fernando Aguirre B. is a Senior Partner with Bufete Aguirre, Soc. Civ. in La Paz, Bolivia. The firm was founded in 1940 and specializes in commercial and corporate law.

Dr. Aguirre attended the University of Waterloo in Ontario, Canada (1962); Universidad Mayor de San Andr´cmb;es (UMSA), Facultad de Derecho, Ciencias Pol´cmb;iticas y Sociales in La Paz, Bolivia (1963-68); University of Oxford, Faculty of Law in Oxford, England (1970-71). He is Licensed in Law, Political and Social Sciences, UMSA, La Paz (1968); Attorney at law, UMSA, La Paz (1968); and Diploma in Law, Oxford University (1971).

He has served as Bolivian Representative of the International Bar Association; Member of the Board of Directors, Globalaw, The International Law Group; Chairman of the Board of Directors Embotelladoras Bolivianas Unidas S.A. (EMBOL) (Coca Cola Bottlers in Bolivia); Vice President of the Board of Directors of Inversora Los Andes S.A. (INANSA); President of the Board of Directors Instituto Prisma; S´cmb;indico of Bolhispania S.A.; Vice President of the Board of Directors of Centro de Promoci´cmb;on del Laicado; Executive President SINCOS S.A.; President and CEO of Paprika Development Corp, a Florida Corporation; Legal Representative of Compa&tildecmb;n´cmb;ia Minera Vicu&tildecmb;na, Bolivian Branch (a Newmont Mining Co. subsidiary) and Legal representative of Battle Mountain Gold Co., Kori Kollo Corporation, CIP Agra Monenco of Canada, and other international clients. He is a Member of the International Arbitration Institute; ADR & Arbitration working group. Globalaw.

Dr. Aguirre was Minister of the Presidency, Bolivia (1979); President of the American Chamber of Commerce of Bolivia (1974-75); Director of the Bolivian Central Bank (1993-96); Professor of Public International Law Diplomatic Academy, Bolivia (1975-80); and Professor of Introduction to the Law at Catholic University, La Paz (1980).

Dr. Aguirre is admitted as arbitrator for Center for Conciliation and Arbitration (CCA); National Chamber of Commerce of Bolivia 2002; Arbitration Center, La Paz Bar Association 2003; ICSID, Washington 2004. He was President of Arbitration Tribunal, Center for Conciliation and Arbitration (NCC) Bolivia: Auto Leasing S.A. vs. Empresa El Porvenir / Sucesi´cmb;on Ayll´cmb;on (awarded 2003). He has been Counsel in pre-arbitration claim under ICC rules. Client: Willbros USA Inc., Houston, TX 2003; pre-arbitration under ICC rules. Client Stikeman Elliott, Montreal, Q., Canada. 2003; arbitration under rules of CCA, Bolivia. Client: AES Communications Bolivia S.A. 2003; pre-arbitration. Client Electropaz S.A. He was appointed third arbitrator, National Chamber of Commerce, Center for Conciliation and Arbitration. Case resolved by agreement of parties for new arbitration. He is also a member of the International Bar Association; La Paz and Santa Cruz Bar Associations; Association of International Petroleum Negotiators; Association of Fellows and Legal Scholars of the Center for International Legal Studies, Austria (Honored Member); Congress of Fellows, CILS, Austria; Association of Latin American Mining Lawyers; and the International Trademark Association. He belongs to GLOBALAW The International Law Group; LexUniversal.com; and International Business Law Consortium.

He has spoken at Rocky Mountain Mineral Law Foundation. Special Institute on International Energy & Minerals Arbitration, Houston, Texas, Feb. 2003; NCC/CCA Bolivia, Course on International Arbitration, CCA/CIAC, La Paz, August 2003; Second Annual, Miami International Arbitration Conference, Hector, Reed & Steel, AAA, ICSID, Miami, Florida, January 2004; First Annual International Commercial Arbitration, American University Washington School of Law, Washington, D.C., March/April 2004; and Third Annual Miami International Arbitration Conference, Hector, Reed and Steel, Miami, Florida, January 2005.

Selected publications: "El Grupo Sub-Regional...