by Juan Manuel González | May 27, 2024 | Noticias-en
The Gaming Control Authority (AJ) issued the new regulations to grant authorizations for business promotions in Bolivia, through Regulatory Resolution No. 01-00002-24 (new regulations), dated May 13.
Although the AJ has largely preserved the provisions of the predecessor regulation, it is necessary to highlight that certain substantial modifications have been introduced. In this article we will address the most relevant changes, taking into account their impact on the execution of this type of activities.
The new regulations propose modifications that will directly affect some of the marketing strategies that, until now, several companies actively applied. Such is the case of the so-called ”permanent activities”, which consist of promotional activities that remain unchanged for more than three years and that do not require authorization from AJ to be implemented.
The new regulations place special emphasis on two crucial points regarding this type of activities:
- Any modification to the initial conditions will cause the activity to be considered an unauthorized business promotion.
- It highlights that obtaining authorization resolutions from regulatory authorities does not exempt from obligations towards the AJ.
The first of these inclusions is intended to underline that any slight modification to the initial conditions of the permanent activity will cause it to lose that quality, becoming a regulated business promotion. Meanwhile, the second points out that, regardless of whether a company has authorization from the competent entities in its regulated sectors, such as the Financial System Supervision Authority or the National Hydrocarbons Agency, said authorization does not exempt it from control and sanction. by AJ.
This could cause a situation of uncertainty when companies that fully comply with the regulations approved by the competent authority of their sector are also subject to AJ inspections because this authority has a disparate criterion on what is meant by modification to a permanent activity. .
A second relevant change involves business promotions consisting of points clubs. The new regulation establishes the express prohibition of transferring, migrating or validating the points accumulated in business promotions to other activities, completely eliminating the possibility of resorting to this alternative that gained popularity in the past.
Likewise, a point that becomes extremely important is the new definition of the so-called ”payment for participation rights”. The new regulation maintains the provision of its predecessor, indicating that the application of this type of payment allows an activity to no longer be considered a business promotion. However, the definition implemented expressly excludes the following activities:
- The acquisition of goods and/or services marketed by the person developing the business promotion as a condition for participating in raffles, games of chance, any other means of access and/or sales with prizes of limited availability.
- Charges of a certain amount for the affiliation of one or more people to discount programs, accumulation of points or similar activities.
The second of these limitations is fundamental, since it was a common practice in the implementation of unregulated campaigns. Under the new regulations, charges for affiliation or membership in points clubs no longer allow the program to be considered a business promotion.
On the other hand, the use of computer media or other tools to carry out business promotions will require that the project explicitly contain a detailed indication of the media that will be used and the function they will fulfill in the development of the activity.
Regarding prizes, the new regulations prohibit offering vouchers or coupons for the exchange of prizes subject to registration. In addition, a new replacement obligation was imposed for prizes that consist of goods made of fragile material, with a replacement stock having to be provided in case of damage. On the other hand, for the donation of prizes that consist of perishable goods, a requirement was established that they have a minimum validity of one month, otherwise their donation to LONABOL will be made in the equivalent value in national currency.
Finally, ongoing business promotions and those requested prior to the new regulations coming into effect will be governed by the previous regulations. The applicability of the old regulations to requests for modification due to extension of the promotion may also become a topic of discussion, depending on the criteria that AJ is going to take on this issue.
by Juan Manuel González | May 24, 2024 | Noticias-en
The Ministry of Foreign Trade, through decree No. 44447-COMEX-H, issued reforms to articles 110, 111 and 111 bis of the Regulations to the Free Zone Regime Law.
The reforms introduce changes to customs procedures in inventory operations, recycling and destruction of goods under the free zone regime.
Important points to consider about the reform.
- New provisions regarding deadlines for communicating minutes to Customs Control.
- The requirement for prior authorization by Customs Control to proceed with destruction and recycling operations is eliminated.
- New provision on the power of Customs Control to inspect the destruction or recycling process at any time without implying a rescheduling of this or others in progress.
- New provision in destruction processes, on the need to have the presence of a witness.
For more information contact info@blplegal.com
by Juan Manuel González | May 17, 2024 | Noticias-en
On May 8, 2024, the Plenary Session of the National Assembly approved the Organic Reform Law for the Eradication of Violence and Harassment in all Forms of Work, modifying the Labor Code, which was published in the Supplement to the Official Registry number 559 dated May 16, 2024.
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by Juan Manuel González | May 7, 2024 | Noticias-en
A resolution of the Ministry of Labor, Employment and Social Security (No. 219/2024) approves the procedure for granting the digital card and registration of professionals who work in the field of Health and Safety at Work (SST), being the Vice Ministry of Labor through the Directorate of Occupational Health and Safety (DSSO), responsible for evaluating, observing, notifying, recognizing and approving records and cards.
The regulation, detailed in an attached annex, establishes criteria, categories, requirements, procedures and functions for OSH professionals, as well as the implementation of a digital system to manage this registry.
The regulation defines three categories of OSH professionals:
- A (Upper)
- B (Intermediate)
- C (Basic)
Each category has specific requirements in terms of educational background, work experience, and additional certifications.
In addition, the procedure for obtaining the digital card is established, which will be carried out through the DSSO – RISO computer program (within the Occupational Safety Information Registration System) and will be valid for 5 years.
Regarding the functions of the professionals registered in each category, specific tasks are detailed, ranging from promoting the prevention of occupational risks to carrying out risk assessments and planning preventive actions.
Responsibilities are also established, such as informing the competent authorities about occupational accidents and occupational diseases of which workers are victims, which cause more than three days of disability in the afternoons, and responding to administrative summaries before the Administrative Labor Authority, in case of non-compliance with their functions or attributing functions that do not correspond to them.
by Juan Manuel González | May 3, 2024 | Noticias-en
On March 22, 2024, Agreement ACDO.AS2.HCT.270224/37.P.DIR, issued by the Technical Council of the Mexican Social Security Institute, was published in the Official Gazette of the Federation, which specifies the Teleworking benefits, such as providing, installing and maintaining the necessary equipment, as well as assuming the costs, payment of telecommunications services and the proportional part of electricity service, are not part of the Base Contribution Salary.
This Agreement establishes that, according to the relevant provisions of the Federal Labor Law and the Official Mexican Standard NOM-037-STPS-2023, the benefits granted in the teleworking modality, such as providing, installing and maintaining computer equipment, ergonomic chairs, printers, payment for telecommunication services and the proportional part of the payment for electrical service, are not part of the Base Contribution Salary (SBC), for determining the payment of worker-employer contributions, in terms of the exclusion provided for in the article 27, section I of the Social Security Law, provided that the concepts and amounts of these benefits are expressly provided for in the employment contracts under this modality and the costs are credited as an expense duly identified in the payroll and accounting and not as remuneration.
It is important to mention that these benefits will be strictly monitored by the IMSS authorities, since if they do not meet the requirements mentioned in the previous paragraph, they will be classified as an improper fiscal practice in matters of social security and their integration into the SBC will be ordered, including the payment of differences, fines and possible classification of the crime of tax fraud.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx