Constitutional Court ratifies the ruling in case No. 1149-19-JP

The Constitutional Court (hereinafter the“Court”)issued an order clarifying and extending (hereinafter the “Order”) judgment number  1149-19-JP of November 10, 2021 (hereinafter the “Judgment”) by which it decides (i) to deny the request for clarification and extension requested by the Attorney General’s Office and by Javier  Polivio Pérez and others and (ii)   partially accepts the  clarification […]

Constitutional Court conditions constitutionality of article 184 of Environmental Code and declares unconstitutional Arts. 462 and 463 of its regulations

The Constitutional Court (CC) issued judgment number 22-18-IN/21 of September 8, 2021 by which it partially accepts the public action of unconstitutionality proposed against several norms of the Organic Code of the Environment (COAM) and its regulations, which are related to mangroves, monocultures, the rights of nature and the regulation of the right to prior […]

Regulation for the emission of the Previous Administrative Act established in the literal b) of the Article 26 of the Mining Law

In the Second Supplement to the Official Gazette No. 518 of August 18, 2021, was published the regulation for the issuance of the previous administrative act established in literal b) article 26 of the Mining Law (hereinafter “Regulation“). Below, we present the most relevant points of the Regulation: Article 26(b) of the Mining Law Article […]

Executive Decree establishes the Action Plan for the Mining Sector

The President of the Republic, by Executive Decree No. 151   of August 5, 2021, issued the Action Plan for the Mining Sector of Ecuador for the development of the mining sector, to be executed within one hundred days from the signing of the Decree. The objective of the Plan is “to develop efficient and environmentally […]

Amendment to Resolution No. UAFE-DG-2021-00167

The Financial and Economic Analysis Unit (hereinafter “UAFE”) issued on June 7, 2021 the resolution No. UAFE-DG-2021-00167 (hereinafter the “Resolution”), which included new persons obliged to report to the UAFE. On July 16, 2021, the UAFE issued resolution No. UAFE-DG-2021-0230 (hereinafter the “Amendment”), by which it amended the Resolution in the issues detailed below. Obliged […]

Articles 86 and 136 of the Environmental Regulation for Mining Activities were deemed unconstitutional by the Constitutional Court

In judgment No. 32-17-IN/21, the Constitutional Court (hereafter “the Court”) declared the unconstitutionality of articles 86 (modification of watercourses) and 136 (watercourses for the artisanal mining regime) of the Environmental Regulations for Mining Activities (hereafter “RAAM”). On June 30, 2017, a group of citizens filed a public action of unconstitutionality (hereinafter API) against articles 86 […]

Ordinance in Yantzaza establishes rules for construction aggregates

The municipality of the canton of Yantzaza has issued the second amendment to the ordinance for construction aggregates (hereinafter the “Ordinance“), published in the Official Register No. 1589 of 1 June 2021. Below, we analyze the most relevant points of the Ordinance: False information:  False information in the semiannual production report for a concession will […]

Public procurement reforms

The National Public Procurement Service with Resolution No. RE-SERCOP-2021-0114, amended Resolution No. RE-SERCOP-2016-0000072, of the Codification of Resolutions, by means of which it introduces rules relating to: Submission of tenders with electronic signature Not sumilladas or foliated. Linked offers The Organic Law Reforming the COIP on Anticorruption Matters will be approved. Claims and complaints A […]

Updating of the Internal Work Regulations for a new reality

Labor regulations have been updated and adapted to the new needs of both workers and employers in their daily activities. Accordingly, we consider that it is important to include new provisions in the Internal Labor Regulations to make more fluid employment relationships possible by applying a tool better adapted to the current reality. Pre-contractual phase […]

Reform of the Regulations for the Application of the Internal Tax Regime Law

Issued on April 22, 2021, Executive Order No. 1292 contains the following amendments to the Regulations of the Internal Tax Regime Law regarding the agricultural industry: Taxpayers devoted exclusively to local production of agricultural products will not be eligible for the microenterprise regime. The percentage of income tax withholding at the source for taxpayers engaged […]