On June 14, 2025, the Mining Regulation and Control Agency (the “ARCOM”) issued the “Regulation for the Control of Exports of Metallic Mineral Substances”, through resolution ARCOM-004/25, to strengthen the traceability, legality and control mechanisms in the exports of metallic minerals.
This new regulation expressly repeals the previous regulations for the exports of metal mining products and introduces new procedures, requirements and guidelines for all mining operators that export minerals from Ecuador.
- Who does it apply to?
The Regulation is mandatory for:
- Holders of mining concessions.
- Marketing and export license holders.
- Authorized processing plants.
Companies that transport, store or market mining products for export purposes.
2. Main obligations
Regulated entities must comply with the following aspects:
- Obtaining certifications prior to each export, through the digital system that the entity will implement, such as the “Certificate of Export of Mining Products”.
- The requirements for metallic minerals are established, detailed by concentrates or tailings; bars, ingots or cathodes; and for non-metallic minerals, for small, medium and large-scale mining.
- Submission of technical reports on the origin and quantity of the mineral, such as the production certificate and packing list, signed by an accredited technical manager.
- Coordination with customs and environmental authorities for the clearance of products.
- Compliance with traceability, safety, transport and on-site verification standards.
3. Supervision and sanctions
ARCOM may suspend or deny export authorizations when there are technical inconsistencies, indications of illegality or non-compliance with requirements.
Procedures are established for preventive retention, physical inspection, analysis of samples by laboratories and cancellation of authorizations if irregularities are detected.
In addition, the parameters of weight variation and permitted concentrations of minerals are indicated. The procedure for the export of sample minerals with no commercial value is also included.
Repeated non-compliance may be grounds for the expiration of the licence or enabling title, without prejudice to the corresponding criminal or administrative actions.
4. Digitalization of the process
An integrated digital module for export management will be implemented within the Integrated Mining Management System.
Export authorizations will be completely electronic, after documentary and technical validation.
5. Transitional provisions
ARCOM will issue the formats, technical instructions and schedules necessary for the progressive application of the regulation.
If digital systems are not implemented, physical means may be used, in accordance with provisions issued by the Executive Directorate of ARCOM.
The processes that are in process to date will continue to be substantiated until their conclusion, in accordance with the regulations in force at the time of their initiation.
This regulation constitutes a step towards a more efficient, transparent and traceable system for the control of mining exports, aligned with international standards and with a preventive approach to illegal mining.
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.
