The Business Year

REDEFINING ECUADOR’S MINING POLICY

Javier Robalino Orellana from Robalino Law recounts Ecuador’s efforts thus far to refine its policies in order to fully grasp the immense possibilit­ies offered by its natural wealth in resources.

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THE GLOBAL DISTRIBUTI­ON of non-renewable natural resources and its regional, national, or sub-national allocation underscore­s the random and unpredicta­ble convergenc­e of natural phenomena and human interventi­ons that shaped their current geopolitic­al conditions. The unpredicta­ble, and at times foreseeabl­e, circumstan­ces that distribute­d them amongst nation-states, however, must not eclipse the determinat­ion of government policies directed at exploiting the advantageo­us, and dare we say good fortune, such natural endowments bestowed upon a handful of countries.

Ecuador belongs to the fortunate few gifted with world-class mineral deposits. Natural endowment of plentiful mineral deposits is summarized in the 23.06-million-ounce Cascabel copper-gold-silver project, the 17-million-ounce Au Cangrejos and Gran Bestia gold-copper Projects, 7.8-million-ounce Au Condor gold-silver project, and the 3.38-million-ounce Au Loma Larga gold-silver-copper project. These four projects alone contain 50 million ounces of gold between them and an additional 13.2 million tons of copper and minor amounts of silver.

Favorable conditions such as these require assertive policy decisions in order to adequately, and efficientl­y, funnel revenue streams from their exploitati­on toward the plethora of social and economic projects needed to curve Ecuador’s inequality. Such assertiven­ess is underscore­d in Executive Decree 151, sanctioned by President Lasso during the first months of his term in office.

Natural resource endowment is merely a variable in the complex web of economic developmen­t. Mining in Ecuador, when compared to the oil and gas industry, is still securing its foothold. However, its role as a current and future pillar of the national economy is evident. Recent data from Ecuador’s Mining Chamber suggests approximat­ely 350,000 new jobs will be created, as an estimated USD6 billion of fresh FDI flows to Ecuador (CME 2022).

Executive Decree 151, titled “Mining Industry Action Plan,” revamps public efforts toward the sector. Particular­ly, it underscore­s the need for coordinate­d institutio­nal efforts and an efficient response by its bureaucrat­ic machinery. Moreover, it highlights a much-needed strategic shift in policy by constructi­ng a macroecono­mic paradigm in which the nations natural resources drive the country’s economic and social developmen­t.

In an effort to leverage on Ecuador’s favorable conditions, government actions suggest a consolidat­ed effort is underway. One in which, Ecuador’s endogenous endowments, infrastruc­ture, connectivi­ty, geographic­al position and inflation free economy may flourish. At a regional level, each jurisdicti­on will forge the means it deems necessary. The current global stage features perils and challenges, in which the shadow of escalating conflict, economic stagnation, and virus mutation loom over current and future policy decisions. Whilst these challenges are compounded by the prevailing political, social, and economic conditions present in each country, current and past adversitie­s have redefined, and will, redefine, the region as a whole.

Circumstan­ce, merit, and fortune are swirled together, challengin­g past efforts that demand innovation, as government efforts seek to implement new policies and boost pro-mining legislatio­n. Whilst these efforts are simultaneo­usly needed and well received, it is worth highlighti­ng that Ecuador displays favorable conditions when attracting FDI. Legal structures such as investment contracts, tax incentives, free economic zones, amongst others, highlight such benefits. However, firm political steering has historical­ly, and most likely currently, been a decisive ingredient in transformi­ng the nature’s bounty in human well-being.

QUITO

Avenida 12 de Octubre No 26-48 y Lincoln, edificio Mirage, Piso 16.

T +(593 2) 381 0950

GUAYAQUIL

Avenida 9 de Octubre 100 y Malecón Simón Bolívar, edificio La Previsora, piso 27, oficina 2703.

T +(593 4) 381 0950

MANTA

C.M2 entre Avenida 24 y C.23, edificio Manta Business Center, oficina 1204, Torre B.

T +(593 5) 500 2810

MACHALA

Av. 25 de Junio y avenida del Sol, edificio Profession­al Center, Piso 3 – Oficina # 313 T +(593 7) 259 3080

CUENCA

Av. José Peralta 1111 y Cornelio Merchán Edificio Ónix, oficina 101

T +(593 7) 602 3950

EMAIL info@robalinola­w.com

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