Category Archives: Bulletin

On May 19, 2025, through Ministerial Agreement No. MEM-MEM-2025-0012-AM, the Minister of the Ministry of Energy and Mines (“MEM”) issued the Guidelines for the Loading, Packaging, Transportation, and Unloading of Copper Mineral Concentrate from Medium-Scale and Large-Scale Mining Operations (hereinafter, the “Guidelines”).

 

The purpose of the Guidelines is to ensure comprehensive safety, environmental protection, and traceability in the handling of copper mineral concentrate, from mine to the final destination. Compliance is mandatory for all holders of mining rights under the medium- and large-scale mining regimes. The Guidelines apply to all stages of the process, including the loading of concentrate at mining facilities, packaging, transportation by any authorized means (road, rail, among others), and unloading at ports or final destination facilities.

 

One key provision of the Guidelines is the mandatory use of hermetically sealed containers that meet structural safety and tamper-proof sealing standards. These containers must be dry, clean, and properly certified to prevent any type of leakage. The Guidelines also explicitly prohibit intermediate transfers of concentrate at ports, except in exceptional cases for official sampling by competent authorities.

 

Cargo generators—that is, mining titleholders responsible for transporting the concentrate—must submit a technical transportation and unloading plan, which will be reviewed and approved by the Competent Administrative Unit of the MEM. Additionally, they are required to implement a real-time monitoring system to ensure visibility, traceability, and transparency of concentrate transportation, and to provide regulatory authorities with access to this information.

 

The MEM will oversee compliance with these regulations through its Zonal Coordinations, while the Mining Regulation and Control Agency will be responsible for conducting regular technical inspections, issuing compliance reports, and imposing sanctions in the event of non-compliance.

 

Cargo generators are also required to develop and implement an annual training plan on the technical and environmental handling of the concentrate, which must be submitted to the relevant authority by January 31 of each year.

 

The Guidelines also establish a sanctioning framework for non-compliance. Sanctions may include monetary penalties or the immediate suspension of operations in cases posing serious risks to health, the environment, or infrastructure. In all cases, sanctioning procedures must observe due process, and the guarantees established in the Constitution and applicable laws.

 

Furthermore, mining titleholders who are in the production phase and are transporting concentrate as of the publication date of the Guidelines will have a maximum period of 12 months to transition to hermetically sealed transportation systems.

 

Carlos Torres, Senior Associate at CorralRosales
ctorres@corralrosales.com
+593 2 2544144

 

On May 14, 2025, the “Organic Law on Amendments Related to Age Discrimination in the Work Environment” (hereinafter the “Law”) was published in the seventh supplement of Official Register No. 38. We highlight the following:

• The Law establishes that employers must provide training to employees to promote a better working environment, preventing and eradicating harassment, violence, and discrimination based on age.

This training must be at least 10 hours long, and employers must report compliance to the Ministry of Labor using the established procedures and channels.

 

• Employers with 25 or more employees must include at least one employee over the age of 40 in their payroll.

Failure to comply with this obligation may result in a daily fine of USD 10 to USD 20.

• If job applicants believe they are being discriminated against based on age, they may request a formal and reasonable response explaining the decision not to hire them.

 

• Prohibited Practices Under the Law:

a. Discrimination, harassment, and violence based on age.

b. Including age restrictions in job advertisements.

c. Requiring private health, life, or critical illness insurance policies prior to employment.

d. Imposing age limits in training programs, promotions, or any situation that would result in improved employment conditions.

e. Terminating employment relationships based on age or by means of harassment or violence intended to induce resignation.

f.In institutions of higher education, requiring professors to retire, reduce their teaching hours, or change functions based on age.

Note: Before the publication of this Law, the Constitutional Court declared certain articles unconstitutional, prompting a presidential veto of the bill. Nevertheless, the National Assembly ordered its publication. The Law is currently in force.

 

We will inform you of any future developments.

 

Edmundo Ramos, Socio en CorralRosales
eramos@corralrosales.com
+593 2 2544144

 

María Victoria Beltrán, Asociada Senior en CorralRosales
mbeltran@corralrosales.com
+593 2 2544144

 

 

Trough Resolution NAC-DGERCGC25-00000009, the Tax Authority amended the provisions related to the Outflow Tax (ISD) applicable to payments abroad made through the use of credit cards.

Taxpayers who exceed the annual exemption threshold (USD 5,188.26) for the use of credit or debit cards for purchases or cash withdrawals abroad, and who have not been subject to ISD withholding, must file and pay the tax during the month of April of the following year, based on the ninth digit of their tax ID (RUC). Prior to this amendment, such tax filings were required on a monthly cumulative basis.

Taxable transactions corresponding to the year 2025 must be declared and paid in 2026. Taxpayers who have not filed ISD for taxable operations exceeding the annual exemption threshold for the years 2022, 2023, and 2024 must pay the accrued tax on an annual cumulative basis using the multiple payment form by June 30, 2025. Once this payment is made, taxpayers will no longer be required to file cumulative annual declarations for those periods.

 

 

 

Andrea Moya, Socia en CorralRosales
amoya@corralrosales.com
+593 2 2544144

The Ministry of Public Health (MSP), through memorandum No. MSP-SVPCS-2025-1061-M dated April 29, 2025, has established a mandatory health requirement for Yellow Fever vaccination for entry into the country.

1. Requirements

Starting Monday, May 12, 2025, presentation of the International Certificate of Vaccination against Yellow Fever will be mandatory in the following cases:

• All travelers who are nationals or residents of Colombia, Peru, Bolivia, or Brazil (regardless of the length of stay).
• Travelers of other nationalities who have stayed more than 10 days in any of these countries.
• Ecuadorian citizens returning after visiting these countries must present the certificate or will be vaccinated upon entry and required to remain under home observation for 10 days.

1. Important Considerations:

• The certificate may be physical or digital.
• It will be required at boarding points and may also be requested again upon entry into the country.
• Persons over 60 years of age are exempt for clinical reasons.
• The vaccine provides lifetime immunity with a single dose, effective 10 days after administration.

1. Recommendations for Passenger Transport Companies:

It is recommended to establish pre-boarding controls and to notify passengers in a timely manner. Non-compliance may result in delays or entry restrictions.

 

Xavier Rosales, Partner at CorralRosales
xrosales@corralrosales.com
+593 2 2544144

 

On April 11, 2025, Executive Decree No. 595 (the “Decree”) was issued, amending the Regulations to the Law on Public Procurement (“RGLOSNCP”). The Decree was published in Official Gazette Supplement No. 19 on April 14, 2025.

According to Article 3 of the Law on Public Procurement (“LOSNCP”), when public contracts are financed by multilateral credit organizations of which Ecuador is a member, international cooperation organizations, or through government-to-government financing, these contracts will primarily be governed by the terms of the respective contracts and financing agreements. The LOSNCP will apply secondarily.

Article 2 of the RGLOSNCP provides that the financing of these contracts may be either total or partial. The Decree amends this article to clarify that “partial financing” occurs when the foreign financing entity covers at least 51% of the total contract value, and the funds are directly allocated to the contract.

Additionally, the Decree requires the National Public Procurement Service to submit, by May 8, 2025, to the General Comptroller’s Office, all procedures carried out with the participation of an intermediary under Article 3 of the LOSNCP, for oversight purposes.

 

 

Hugo García Larriva, Socio en CorralRosales
hgarcia@corralrosales.com
+593 2 2567676

 

Mario Fernández, Asociado en CorralRosales
mfernandez@corralrosales.com
+593 2 2544144

Through Executive Decree No. 589 dated March 29, 2025, the President of the Republic of Ecuador extended the 0% Outflow Tax (ISD) rate until April 30, 2025, for the list of tariff subheadings issued by the Ministry of Economy and Finance.

The list can be reviewed at the following link: https://corralrosales.com/wp-content/uploads/2025/01/ISD-Registro-Oficial-9-70.pdf.

This regulation amends Executive Decree 468, which established the tariff subheadings subject to reduced Outflow Tax rates as of January 1, 2025. Subheadings not included in the list are subject to the 5% Outflow Tax.

 

Andrea Moya, Partner at CorralRosales
amoya@corralrosales.com
+593 2 2544144

Mateo Bravo, Associate at CorralRosales
mbravo@corralrosales.com
+593 2 2544 144

 

The Ministerial Agreement MDT-2025-043; hereinafter the “Agreement”, was published on March 19, 2025, by means of the fourth supplement to Official Registry No. 1; and amends the regulations governing the administrative approval process. We highlight the following:

• It establishes that the appointment of the sponsoring attorney must be made by means of a power of attorney or by appointing them in the process, which was not clearly established in the previous regulations.
• Determines that the request for approval must be accompanied by the requirements contained in article 143 of the COGEP in its paragraphs 1,2,3,5 and 7, as follows:

1. Power of Attorney, if necessary.
2. Proof of legal representation.
3. Tax identification of the company.
4. Necessary evidence.
5. Necessary evidence.

• It details in a better way the phases of the investigation hearing; the first one composed of remediation, evacuation of previous exceptions, fixing points of debate and conciliation and the second one composed of the practice of evidence and allegations.
• Extends from 10 days to 1 month the time for the substantiation of the appeal filed against the inspector’s resolution.
• Any of the parties may request a hearing while the appeal is being heard.

 

 

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

 

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