Mining 2025

BOLIVIA Law and Practice Contributed by: Ramiro Guevara, Jorge Inchauste and Rosario Echeverría, Dentons Guevara & Gutiérrez S.C.

Geological Survey. Tenement maps are also available from SERGEOMIN. 1.5 Nature of Mineral Rights Mineral rights in Bolivia derive from contracts granted by the AJAM, as described below, and do not have the status of “property”. Article 92 of the Mining and Metallurgy Law pro - vides that mining rights grant their holders the exclusive authority to prospect, explore, exploit, concentrate, melt, refine, industrialise and com - mercialise mineral resources. However, Article 93 provides that such rights do not grant owner - ship or possession rights over mining areas, and that holders of mining rights are not able to grant leases over the mining areas. Mining rights can - not be directly transferred, sold or mortgaged. In addition, Article 94 of the Mining and Metal - lurgy Law provides that the Plurinational State of Bolivia acknowledges and respects previously acquired rights of individual or joint title holders and private and mixed companies, as well as other forms of private property rights in relation to their corresponding ATEs, subject to the tran - sition or compliance with the regime of admin - istrative mining contracts. As a result, ATEs continue to be valid and recognised by Bolivian authorities for the exploration and exploitation of mineral areas. Articles 95 and 102 of the Mining and Metallurgy Law provide that title holders have ownership over their investment, the mining production, movable and immovable property built on the land, and the equipment and machinery installed inside and outside of the perimeter of the min - ing area. The Bolivian State guarantees condi - tions of mining competitiveness and stability in the legal environment for the development of the mining industry.

Articles 97 and 99 of the Mining and Metallurgy Law provide that title holders also have the right to receive profit or surpluses generated by their mining activity, subject to compliance with appli - cable tax laws, and that the State guarantees the rule of law over mining investments of title holders who are legally incorporated. Finally, in the lithium sector, mining investors do not acquire mining rights directly: they must sign contracts with YLB in order to be part of the production chain. 1.6 Granting of Mineral Rights The Bolivian granting authority, the AJAM, is a national institution with jurisdiction and offices in all departments of Bolivia. The Mining and Metallurgy Law regulates mining contracts in Title IV, Chapter I, and provides that the administrative mining contract is the legal instrument whereby the State grants mining rights to execute mining activities. Pursuant to Articles 134 to 136 of the Mining and Metallurgy Law, administrative mining contracts must be formalised in a public deed legalised before a public notary from the jurisdiction where the mining area is located, and must be signed by the AJAM, as representative of the executive branch. Mining Association Contracts With COMIBOL If an area with potential is registered under the name of COMIBOL, or under the name of any other state-owned mining company, then a mining association contract must be entered into. A mining association contract requires a board, which must have the same number of representatives for each party, but the chair of the board will always be elected from the mem - bers representing the state-owned company.

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