Executive Decree number 435 of October 23, 2024, published in Official Gazette number 676 of November 5, 2024, provides measures against illegal mining:

1. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

2. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

3. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

4. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

5. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

6. 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 coordinate actions to identify illegal mining, carry out operations for its surveillance, control, combat and neutralization; as well as the initiation of administrative, civil and criminal sanctions within the scope of its competences.

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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] CONMI will be made up of the General Secretary of Public Integrity of the Presidency of the Republic, who will chair it; the Ministry of Energy and Mines, which will act as the Technical Secretariat; the Ministry of the Environment, Water and Ecological Transition; the Ministry of the Interior; the Ministry of National Defense; the Ministry of Government; the Ministry of Transport and Public Works; the Internal Revenue Service; and the Financial and Economic Analysis Unit.

The Mining Regulation and Control Agency will have voice but not vote; the Customs Service of Ecuador; the Strategic Intelligence Center; and the Minister of Production, Foreign Trade, Investment and Fisheries.

The President of the Republic may request the appearance of other State institutions, Decentralized Autonomous Governments and legal or natural persons for coordination and cooperation.