Arbitration is still possible for private investors after Ecuador Referendum

On April 21, 2024, a referendum and popular consultation took place with the aim of amending the Constitution of Ecuador (hereinafter “Constitution”) and consulting Ecuadorians on various matters. Of the eleven questions, nine were approved by popular decision. One of the unapproved questions concerns international arbitration. This result has raised some concern among investors about […]

The Constitutional Court issued the extension of its ruling on the environmental consultation

On November 9, 2023, the Plenary of the Constitutional Court (the “Court”) issued its judgment in case 51-23-IN (the “Judgment”), regarding the public action of unconstitutionality of Executive Decree number 754 of May 31, 2023, through which reforms were made regarding environmental consultation in the Regulations to the Organic Environmental Code (the “Decree”). The Court […]

Manual for the application of Prior Consultation

On March 6, 2024, the Ministry of Energy and Mines (the “MEM”) issued the manual for the operationalization of free and informed prior consultation (the “Prior Consultation”) for administrative measures in mining concessions (the “Manual“), which includes the constitutional standards for the execution of prior consultation in application of the provisions of the Constitutional Court […]

Corte Constitucional condiciona constitucionalidad de artículo 184 del COAM y declara inconstitucional artículos 462 y 463 de su reglamento

Reform to Regulation for the Stages of Exploration and Exploitation of Mining Concessions, Negotiation, and Signing of Mining Exploitation Agreements

By means of Ministerial Agreement No. MEM-MEM-2024-0001-AM dated February 22, 2024, the Reform to the Regulation for the Stages of Exploration and Exploitation of Mining Concessions, Negotiation, and Signing of Mining Exploitation Agreements (hereinafter referred to as the ‘Ministerial Agreement‘) was issued. Below, we present the most relevant points of the Ministerial Agreement. The Ministerial […]

Economic Urgency Organic Law Approved by National Assembly

On December 20, 2023, the Economic Urgency Organic Law (“Law”) was published in the Official Gazette, which included several modifications and reforms, mainly, to the tax laws and regime. Among others, the Law reformed: (i) additional tax deductions for young employment (18-29 years), ex- convicts and their spouses; (ii) additional tax deductions for support and […]

Update regarding the subjects obliged to report to the UAFE

On July 16, 2021, the Financial and Economic Analysis Unit (UAFE) issued resolution No. UAFE-DG2021-0230, which included, as new subjects obliged to report to said institution, natural and legal persons engaged in: i) the negotiation and commercialization of precious metals or stones, pursuant to Article 27 (g) of the Mining Law (1) ; (ii) metal […]

LA CORTE CONSTITUCIONAL

The Constitutional Court issued its ruling on the environmental consultation

  On November 9, 2023, the Plenary of the Constitutional Court (hereinafter the “Court”) issued its judgment in case 51-23-IN, regarding the public action of unconstitutionality of Executive Decree number 754 of May 31, 2023, through which reforms were made regarding environmental consultation in the Regulations to the Organic Code of the Environment (hereinafter the […]

Corte Constitucional condiciona constitucionalidad de artículo 184 del COAM y declara inconstitucional artículos 462 y 463 de su reglamento

Regulations for the Assignment and Transfer of Mining Concessions of ENAMI

On October 26, 2023, the “Regulations for the assignment and transfer of rights of the mining concessions of the ENAMI EP” (hereinafter the “Regulations”) were published in the Official Gazette number 425. The following are the main elements of this regulation: 1.The proposal for an assignment and transfer process may come from a legal entity […]

Regulation for ENAMI EP trade agreements for mineral processing plants

On September 14, 2023, the “Regulation that regulates the procedure for the conclusion of commercial agreements of the national mining company ENAMI EP, for mineral processing plants” (hereinafter the “Regulation“) was published in Official Gazette No. 396. The following are the main elements of this regulation: Scope. – The Regulation regulates the procedure for concluding […]

ENAMI Trade Agreement Regulations

The “Regulation for the procedure for the conclusion of commercial agreements of the national mining company ENAMI EP” (hereinafter the “Regulation“) was published in the Official Register on July 24, 2023. The following are the main elements of this regulation: The Regulation applies to any type of business model aimed at developing mining projects in […]