Implementation of boards of directors of the port authorities of Guayaquil, Manta, Puerto Bolívar and Esmeraldas

By Executive Decree 78 of June 15, 2021, the President of the Republic implemented the boards of directors of the Port Authorities of Guayaquil, Manta, Puerto Bolivar and Esmeraldas.

The boards will be constituted as follows:

1. Members of the board of directors:

1. A member appointed by the President of the Republic, who shall preside over the board of directors
2. A member appointed by the General Commander of the Navy of Ecuador, who will replace the president of the board of directors in case of absence.
3. A member appointed by the Ministry of Production, Foreign Trade, Investment and Fisheries.
4. A member appointed by the Ministry of Transportation and Public Works; and
5. A member appointed by the Customs Administration.

The Subsecretary of Ports and Maritime and River Transportation of the Ministry of Transportation and Public Works will act as secretary of the boards of directors. The members of the board of directors are freely appointed and removable officials.

The President of the Republic is responsible for appointing the managers of the Port Authorities of Guayaquil, Manta, Puerto Bolivar and Esmeraldas.

2. Functions of the board of directors (Article 8 of the National Port Administrative Regime Law):

1. Submit an annual report to the Direction of the Merchant Marine and Littoral -currently Subsecretary of Ports and Maritime and Fluvial Transportation of the Ministry of Transportation and Public Works- on the activities carried out during the previous fiscal year.
2. To appoint the Departmental Chiefs from among the candidates suggested by the Manager.
3. To know and approve the Financial Statements, balance sheets, and other reports of the Entity.
4. Approve the Port Services Regulations, organization manuals, personnel organization manuals and other pertinent regulations, based on the preliminary drafts submitted by the Manager; and formulate the regulations of uniform application to all the Port Entities, to be submitted for consideration of the Direction of the Merchant Marine and Littoral -currently the Subsecretary of Ports and Maritime and Fluvial Transportation of the Ministry of Transportation and Public Works.
5. To authorize the Manager to sign contracts, investments, acquisitions, studies and other acts necessary for the fulfillment of the purposes of the Entity, the amount of which requires the Bidding Contest, subject to the Bidding Law -current public contracting regulations- and the approved Budget.
6. To resolve in second instance the claims of the users, in all matters related to port services.
7. The others determined in the General Ports Law and in the respective statutes.

3. Liability of the members of the board of directors (Article 11 of the National Port Administrative Regime Law):

They are civilly and criminally responsible, personally and jointly and severally, for all acts or resolutions that are detrimental to the interests of the Entity and that have been taken with their vote. They are especially liable for decisions that contravene Port policy and resolutions issued by higher authorities. The manager and officers of the Entity shall also be liable for their participation in such acts.