Monthly Archives: December 2025

By means of Resolution COMEX No. 017-2025, adopted by the Foreign Trade Committee (COMEX), Article 4 of Resolution COMEXI 376-2007 has been amended, prohibiting any form of endorsement, assignment, or transfer of Health Registrations and Sanitary Notifications that has not been formally processed and authorized by the National Agency for Health Regulation, Control and Surveillance (ARCSA).

As of the date of entry into force, importers are not allowed to use a Health Registration or Sanitary Notification belonging to a third party through an authorization letter, contract, power of attorney, mandate, endorsement, or any informal transfer mechanism. Only authorizations that are expressly and formally approved by ARCSA will be valid.

The use or modification of a Health Registration or Sanitary Notification in favor of an importer will only be accepted when ARCSA has formally authorized it, pursuant to the procedures established by the agency.

According to the transitory provisions of the Resolution, SENAE and ARCSA have a period of 30 calendar days from the effective date to coordinate the operational and regulatory implementation measures required.

Likewise, importers currently using Health Registrations or Sanitary Notifications belonging to third parties have 120 calendar days to carry out the corresponding procedure before ARCSA, in order to obtain formal authorization for their use. After this period has elapsed, control authorities will not accept any Health Registration or Sanitary Notification that does not have ARCSA’s authorization in favor of the importer.

From CorralRosales, we will keep you informed regarding the mechanism and procedure that ARCSA may issue for the inclusion of importers. It is our understanding that this process will require the modification of previously issued Health Registrations and/or Sanitary Notifications in order to incorporate the authorized importer.

It is important to note that this mechanism does not apply to cosmetic products, where the parallel importer scheme is used.

This Resolution will enter into force on December 9, 2025, without prejudice to its publication in the Official Gazette.

Felipe Samaniego, partner at CorralRosales
felipe@corralrosales.com
+593 2 2544144

Ignacio Espinoza, Associate at CorralRosales
ignacio@corralrosales.com
+593 2 2544144

On August 22, and November 21, 2025, the Ministry of Labor issued Ministerial Agreement MDT-2025-102 and Ministerial Agreement MDT-2025-186 respectively, through which mandatory guidelines were established for the prevention, response, and eradication of acts of workplace discrimination, violence, and harassment in the private sector, as well as, the applicable process for the registration and approval of the Protocol for the Prevention of Harassment, Discrimination, and Violence (hereinafter, the “Protocol”).

We highlight the following:

• Scope of Application:

The provisions are mandatory for employers and workers subject to the Labor Code and apply when acts of harassment, discrimination, or violence occur:

1. At the employer’s premises.
2. Outside the workplace.
3. During work-related activities (travel, training, events, etc.).
4. Through physical or digital communications arising from the employment relationship, including telephone communications.

• Employer Obligations:

Employers, depending on the size of their workforce, must comply with the following:

Employers with 1 to 9 employees:

Comply with the guidelines for the prevention and eradication of workplace discrimination, violence, and harassment issued by the Ministry of Labor.

The Ministry of Labor has 60 days since the issuance of the Reform to publish said guidelines.

Employers with 10 or more employees:

Prepare, implement, and register the Internal Protocol for the Prevention and Eradication of Workplace Discrimination, Violence, and Harassment.

Prepare and implement the Psychosocial Risk Prevention Program.

All employers:

Regardless of the number of workers, all employers must manage psychosocial risk prevention in accordance with current technical regulations.

• Approval and Oversight: Approval of the Protocol will be the responsibility of the Regional Directorate, which may issue observations that must be addressed within 15 days.

The Ministry of Labor will conduct random audits to verify legal compliance and application of the Protocol.

For newly established employers, the deadline to register the Protocol will be July 31 of the year following the beginning of activities.

• Complaint Procedure before the Ministry of Labor: A formal procedure was established for handling complaints related to workplace discrimination, violence, or harassment before the Ministry of Labor. Although minimum requirements are established for filing a complaint, the lack of formalities will not be considered grounds for rejecting it.

The process will be handled by a labor inspector, who must resolve and finish the process in 15 days from receipt to resolution.

If the violation is confirmed, the inspector will issue a report, and the regional director may impose the corresponding sanctions.

The testimony of the alleged victim will not be considered sufficient evidence on its own, and during the process the employer must demonstrate that the Protocol was applied.

Edmundo Ramos, partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144

María Victoria Beltrán, Associate at CorralRosales
mbeltran@corralrosales.com
+593 2 2544144