Mining archivos - AVL Abogados

Mining November 19th, 2024

The Provincial Court of Bolívar rejects the appeal filed against the Curipamba-El Domo Project

On November 12, 2024, in Judgment No. 02334-2024-00162, the Provincial Court of Bolívar (“Court“) rejected the appeal filed by Mirian Adela Naranjo Zapata and others (“Plaintiffs“) and upheld the judgment of the lower court, in which the constitutional protective action filed by the Plaintiffs against the Curipamba – El Domo mining project was dismissed. This […]

Mining November 7th, 2024

Opening of the mining cadastre to control illegal mining

Executive Decree number 435 of October 23, 2024, published in Official Gazette number 676 of November 5, 2024, provides measures against illegal mining: The Ministry of Energy and Mines; the Ministry of the Environment, Water and Ecological Transition; the Mining Regulation and Control Agency, in coordination with the National Police and the Armed Forces, shall […]

Mining August 21st, 2024

New regulations for the assignment and transfer of ENAMI’s mining concessions

On August 6, 2024, a new regulation for the assignment and transfer of mining concessions (the “Regulations“) of the National Mining Company (the “ENAMI“)[1] was issued, which replaces the one published in 2023[2]. The following are the main elements of this new regulation: The types of procedures by which the assignment and transfer are carried […]

Mining August 9th, 2024

Opening of the mining cadastre for ENAMI

By means of resolution number ARCERNNR-ARCERNNR-2024-0032-RES published in the Official Gazette number 612 of July 31, 2024 (hereinafter the “Resolution“), the Agency for the Regulation and Control of Energy and Non-Renewable Natural Resources (the “ARCERNNR“) amended the resolution by which the Mining Cadastre was closed in 2018[1] in order to allow the National Mining Company […]

Mining August 7th, 2024

The SRI reformed withholding rules in the commercialization of minerals

The Internal Revenue Service (SRI) has issued resolution number NAC-DGERCGC24-00000028 of July 31, 2024, amending the general rules for withholding at source by the taxpayer (self-withholding), in the commercialization of concentrates or metal elements and in the production and commercialization of mineral substances that come from a mining concession, contained in resolution number NAC-DGERCGC16-00000217[1] (the […]

Mining July 16th, 2024

In Ecuador, penalties for illegal mining are increased

The Organic Law for the application of the popular consultation and referendum of April 21, 2024 (the “Law”) was published in the Official Registry Supplement no. 599 of July 12, 2024. The Law includes reforms to the Comprehensive Organic Criminal Code (the “COIP”) to increase penalties for crimes related to organized crime, including the “illicit […]

Mining April 26th, 2024

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 […]

Mining March 22nd, 2024

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 […]

Mining March 8th, 2024

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

Mining February 27th, 2024

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 […]

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