By Ministerial Agreement No. MEM-MEM-2025-0013-AM, published in Official Register Supplement No. 49 on May 30, 2025 (hereinafter the “Agreement”), the Ministry of Energy and Mines (hereinafter “MEM”) amended the guidelines for obtaining commercialization and export licenses for metallic and non-metallic mineral substances, originally issued under Ministerial Agreement No. MERNNR-MERNNR-2020-0028-AM, dated October 6th, 2020 (hereinafter the “Guidelines”).
The Agreement introduces a differentiated regulatory framework for metallic and non-metallic substances and strengthens administrative controls for the issuance of commercialization licenses by incorporating new requirements related to experience, financial solvency, and supporting documentation.
The most relevant provisions include:
- Applications for commercialization licenses must be submitted through the designated system and must include general information about the applicant and the location of the establishment[1].
- Specific requirements are set forth for obtaining commercialization licenses for metallic minerals, distinguishing between natural persons and national and foreign legal entities[2]. These include[3]:
- A minimum of three years of experience in the commercialization or export of metallic mining projects.
- Documentation evidencing technical solvency, such as contracts, employment certificates, and other valid supporting materials.
- For natural persons: Updated tax identification (RUC), a minimum net worth of USD 100,000, tax returns (Income Tax and Value Added Tax), a bank certificate, certificates of compliance with obligations before the Internal Revenue Service (SRI) and the Ecuadorian Social Security Institute (IESS), criminal background check, and a certificate of compliance with mining obligations (in the case of mining concession holders).
- For national legal entities: In addition to the requirements applicable to natural persons (except that a minimum net worth of USD 160,000 is required), entities must also submit the deed of incorporation, appointment of the legal representative, audited financial statements, and criminal background checks for shareholders and the legal representative.
- For foreign legal entities: In addition to the requirements applicable to natural persons, a certified copy of the resolution of domiciliation in Ecuador must be submitted.
Original documents, certified copies, and apostilled documents are accepted for international applications[4].
- If the competent authority detects outstanding obligations on the part of the applicant (whether tax, corporate, or social security-related), it will issue a notification, granting a 10-day period for the submission of updated compliance certificates[5].
- The applicable government fee for 2025 is set at USD 940[6].
- Applications submitted prior to the effective date of the Agreement will be governed by the provisions of the original Guidelines[7].
For more information, please do not hesitate to contact us.
This bulletin contains a summary of legal developments of interest, and therefore cannot be considered as provided advice. If you have any questions, please contact the AVL Abogados team.
[1] Article 2 of the Agreement.
[2] Article 3 of the Agreement.
[3] Article 3 of the Agreement.
[4] Sole General Provision of the Agreement.
[5] Article 4 of the Agreement.
[6] Article 8 of the Agreement.
[7] Transitional Provisions of the Agreement
