On May 31, 2025, the Board of Directors of the Mining Regulation and Control Agency (the “ARCOM”) approved resolution no. ARCOM-002/25, enacting the reform of the Mining Registry Guidelines. This reform modernizes the regulatory framework, introduces technological tools, and reinforces legal certainty in the registration and tracking of mining rights and administrative actions.
Below is a summary of the key elements of the reform:
1.Digital transformation of the Mining Registry
- All registration activities will now be conducted using standardized technological systems.
- The Digital Repertory Book is introduced as the sole valid registry, replacing the physical log.
- ARCOM is required to issue a Methodological Guide for the Management of the Digital Repertory Book within 5 days.
2. Institutional responsibility and traceability
- Each District Office will have appointed officers in charge of managing registry systems, with mandatory monthly reporting.
- Failure to register within 3 business days without duly justified legal cause will result in administrative disciplinary procedures.
- In cases of refusal to register, the entry may be executed by the district legal professional or Director.
- 3. Data integrity and control
- The regulation sets strict standards for the veracity, authenticity, custody, and conservation of registered documents.
- Only Ecuadorian citizens who are licensed attorneys with at least 3 years of professional experience may perform registration functions.
4. Expanded scope of the Mining Registry
The updated registry will include, among others:
- Titles, amendments, transfers, easements, contracts, and tender awards.
- Declarations of special mining areas and State reversion processes.
- Licenses for the commercialization and export of mineral substances.
- Authorizations for processing, refining, and beneficiation plants.
- Registration of successions, cooperatives, associations, and condominiums.
- Auditors, universities, and professionals qualified to verify concessionaire reports.
- Formal registration of small-scale and artisanal miners.
5. Transitional provisions
- Ongoing proceedings will be concluded under the legal framework in effect at their initiation.
- Physical repertory books must be delivered to the Executive Director within 3 days from the issuance of the reform to the Guidelines.
- A 12-month period is established for digitalizing all physical books.
- The 2023 resolution governing the virtual repertory book will be repealed once the new guide is issued.
This reform is a significant milestone in the digital transformation of Ecuador’s mining administration, enhancing transparency, efficiency, and legal security in the management of mining rights.
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.
