E
Ecuador: Mineral Policy
María Cristina Vallejo Galárraga and
William Sacher Freslon
FLACSO Ecuador, Quito, Ecuador
Introduction
Ecuador is a small South American republic, with
a population of 14,483,499 (INEC 2010) and an
area of 283,560 km2. The country is administra-
tively divided into 24 provinces, the capital Quito
being the main political center. Over the past
8 years, the country’s Gross Domestic Product
(GDP) increased annually by 4.09% on average,
up to US$ 70,354 million in 2015 (BCE 2016a).
Ecuador is poorly industrialized and its economy
is highly dependent on raw materials exploitation:
crude oil represented 51% of the total exports in
2014 and dropped to 35% in 2015 due to the
decline in international prices; while a series of
other commodities such as banana, coffee, cocoa,
shrimp, tuna fish, and flowers together repre-
sented another 37%.
Ecuador has no modern large-scale metal and
nonmetal mining experiences, to the contrary of
other Andean countries like Peru, Bolivia, or even
Colombia. (With the notable exception of Sadco
The authors gratefully acknowledge the assistance
rendered by Francisco Venes on the information
processing.
# Springer-Verlag GmbH Germany 2017
G. Tiess et al. (eds.), Encyclopedia of Mineral and Energy Policy,
https://doi.org/10.1007/978-3-642-40871-7_153-1
in Zaruma, which produced 100 t of gold and 500 t
of silver between 1898 and 1949 (Sacher 2015).)
As a result, this sector has been a marginal part
of the economy representing only 0.42% of the
GDP in 2015 (BCE 2016a). Nevertheless, after
two decades of minerals exploration and mining
development, the country is on the verge of inau-
gurating its first large-scale open-pit copper mine.
Meanwhile, a dozen of other metallic projects,
currently in portfolio, are about to complete their
exploration phase.
According to the Constitution of Ecuador
(Asamblea Constituyente 2008), nonrenewable
natural resources, including mines and mineral
deposits, are property of the National State
(art. 408), and mining is a “strategic sector” of
the economy managed and regulated by the State,
according to the mining policy defined by the
President of the Republic (art. 313). Ecuadorian’s
economic objectives are mainly growth-led and
raw materials exports are fundamental for the
stability of the country’s economy, officially
dollarized (to US$) since 2000. The government
expects mineral exports to be a significant source
of foreign exchange in a near future.
Need of Minerals and Structure of the
Mining Sector
Except for cement and construction materials,
where a transnational company like Holcim
plays a significant role in the total production,
1
2 Ecuador: Mineral Policy
metals and nonmetals in Ecuador have so far been
produced by small national companies and the
informal sector, employing directly between
80,000 and 130,000 workers (MRNNR 2012;
MEM 2007). As no large-scale mine is in opera-
tion yet, the production of metals and nonmetals
is very low if compared to its direct neighbors in
the Andean region.
Nevertheless, the Ecuadorian mining industry
has experimented quite important changes over
the recent years. Exports of metals and non-
metals products multiplied eightfold since 2010,
reaching US$ 698 million at FOB prices in 2015
(BCE 2016b), becoming the sixth export prod-
uct with the United States as the main destination
(PROECUADOR 2014). Metal concentrates
highly contributed to these figures. In tonnage,
copper concentrates and lead concentrates are
the heaviest part of metal exports, representing
98% of metal exports (a total of 1,243 t (In this
article, a “ton” refers to a metric ton, i.e.,
1,000 kg.) in 2015, BCE 2016b). (These figures
correspond to item 26 of NANDINA classifica-
tion, include: metal minerals, slag, and ash.) An
interesting aspect is that copper and lead exports
are obtained through recycling and smelting of
nonferrous metals. However, these figures do not
account for the enormous amount of other mate-
rials removed or consumed during the whole
process (extraction, metal concentration, and ben-
eficiation phases). For instance, the Wuppertal
Institute (2014) reports the material intensity or
the “ecological rucksack” of 1 t of copper from
primary production as 348 t of abiotic materials,
367 t of water, and 1.6 t of air. Gavin (2008)
determines that a ton of copper pollutes between
30 and 500,000 l of water, thus not able to human
consumption afterward.
Metals and concentrates production has multi-
plied twofold since 2010, reaching a total of
743,000 t in 2015 (ARCOM 2015). The main
components were: 81,000 t of gold and copper
concentrates and 662,000 t of steel (USGS 2014;
ARCOM 2015). According to the Annual Survey
on manufacturing and mining (INEC 2015), on
the one hand, domestic consumption of copper as
a raw material was 28.7 million dollars in 2015,
which is 34% of the total consumption of copper
(including exports). Most of the internal con-
sumption includes basic chemical substances,
cables, and copper alloys. On the other hand,
domestic consumption of copper as product was
91.3 million dollars in 2015, which is 95% of
the total consumption. Most of the copper prod-
ucts are used to manufacture basic chemical
substances and cables. Table 1 summarizes con-
sumption figures of copper, gold, and steel
(INEC 2015).
Most of the raw gold exploited in Ecuador is
exported (95%), while gold ores and concentrates
are internally consumed as raw materials. Steel, as
raw material as well as product, is consumed in
the domestic market mainly for basic manufac-
tures (INEC 2015).
On the other hand, in 2015, Ecuador imported
14,191 t of metals, mainly aluminum and their
concentrates (BCE 2016b). From these figures it
is estimated that only 0.4% of the available supply
of metals (extraction plus imports) was destined
for export in 2015.
Nonmetal minerals exploited in relevant quan-
tities are limestone, pumice, cements, clays, feld-
spar, silica, kaolin, sand (iron) and obviously
stone, sand and gravel (a total of 11.7 million
tons in 2015), and construction materials (6.6
million of m3). Imports account for 446,000 t
(mainly cement and gypsum), and exports
141,000 t (primarily cement). Most of the non-
metal minerals are for domestic consumption,
only 1% of the internal supply (without construc-
tion materials) was exported in 2015 (BCE
2016b). (These figures correspond to item 25 of
NANDINA classification, include: salt, sulfur,
lands and stones, gypsum, lime, and cement.)
In addition to the trade of mineral raw mate-
rials, Ecuador imports cast iron and steel manu-
factures (6% of the total imports in 2014) and
exports gold manufactures (4% of the national
exports, BCE 2016b). (Manufactures of minerals
corresponds to items 68, 69, 70–79, and 80–83 of
the NANDINA classification.) Despite the recent
announcement by the government of future con-
struction of metal processing plants, the country
lacks technological and human resources and the
sector will remain heavily dedicated to the pro-
duction of primary goods in the coming years.
Ecuador: Mineral Policy
Ecuador: Mineral Policy, Table 1 Metals for domestic consumption in Ecuador, 2015
Raw materials
Metals US$ % of total consumption
Copper 28.727.951 34%
Basic chemical substances (12%), cables and copper
alloys for manufacturing engines (11%)
Gold 2.414.843 100%
Extraction of gold ores and concentrates (65%), raw
gold to jewelry making (19%)
Steel 418.376.251 46%
Materials for basic manufactures (20%)
Source: INEC (2015)
Finally, state revenues through tax and royal-
ties associated with metal and nonmetal mining
are almost negligible (0.13% of the total State
budget in 2015, US$ 34,925 million, BCE
2016a). Before 2010, annual mining revenues
had never been more than US$ 6 million. How-
ever, due to the payment of anticipated royalties
(explained in a later section) associated with the
Mirador project, there has been a substantial,
although unstable, increment of these revenues
over the past years: US$ 66 million in 2012,
US$ 31.3 in 2013, US$ 60.3 in 2014, and US$
34.9 in 2015 (ARCOM 2015).
Mineral Policy Conception of Ecuador
The first neoliberal mining code of Ecuador was
promulgated in 1991 through the “Law 126,”
attracting numerous majors mining companies to
invest in exploration campaigns (Sacher and
Acosta 2012). Nevertheless, a drop in interna-
tional mineral prices as well as domestic political
instability at the end of the 1990s led them to
abandon the country.
In 2001, a second-generation neoliberal set of
mining reforms, cancelled mining royalties and
implemented new legal instruments to marginal-
ize the artisanal mining sector (arguing that most
of the small-scale mining is illegal and harmful to
the environment). These new reforms almost
coincided with the beginning of the so-called
global mining supercycle (a marked increase of
3
Products
US$ % of total sales
91.271.487 95%
Manufacturing of basic chemical substances
(31%) and cables manufacturing (52%)
11.418.343 5%
Extraction of raw gold (5%)
1.160.743.861 96%
Steel plates, profiles and bars for basic
manufactures (45%)
international metal prices, mainly induced by
China’s two-digit growth), which lasted the
whole decade 2000s. In this context, many junior
mining companies invested back in the explora-
tion projects left at the end of the 1990s. During
the first 5 years of the 2000s decade, thousands of
mining concessions (a mining title will be
described in more detail in the next section) for
exploration were issued. At the end of the year
2007, 20% of the national territory was covered
by mining concessions for exploration (Acosta
2009, 98) in rural areas, but also páramos, indig-
enous territories and even protected areas. The
presence of mining companies in these zones
and the multiple dispossessions processes it
implied (in the sense of Harvey’s accumulation
by dispossession, Harvey 2003) triggered social
conflicts in many parts of the country. The gov-
ernment and mining companies responded to the
social resistance with violent repression, as
documented by Álvarez (2009).
The rise of the left-wing political leader Rafael
Correa to the country’s presidency in 2007 im-
plied a series of transformations in the mining
sector. The first 2 years of his administration
were times of uncertainty for the transnational
mining sector. In 2008, a “Mining Mandate” was
promulgated, that promoted a 6-month-long mor-
atorium on any mining activity, environmental
protection of water and forest resources, extinc-
tion or suspension of numerous mining conces-
sions, as well as the creation of a national mining
company (Asamblea Constituyente 2008). Under
4 Ecuador: Mineral Policy
such drastic and threatening measures for their
assets and future investments, many foreign
junior companies simply left the country, leaving
as only legacy for the Ecuadorian State, part of
the geological information raised during their
exploration campaign. Thus, some basic results
can be found in the National Development Plan
for the Mining Sector (MM et al. 2016).
Correa promoted a “New Mining Deal”
looking for a stronger presence of the State in
mining operations, regulation of the sector as
well as a higher state share of the income
(according to the Constitution, at least 50% of
the profits made on mining resources exploita-
tion). Correa’s administration quickly promul-
gated a new mining law in January 2009
(Mining Law 2009). Nevertheless, a series of
fundamental features of neoliberal codes were
maintained, despite the appearance of radical
change. Transnational mining companies were
soon authorized to resume their activities. The
institutional framework was reorganized with the
aim of converting mining into a key productive
activity of the economy. New institutions were
created such as the ARCOM, in charge of auditing
and regulating the proper functioning of mining
activities; the National Institute of Geological,
Mining and Metallurgical Research (INIGEMM);
and the state-owned National Mining Company
(ENAMI), up to now mainly focused on explora-
tion activities as it does not possess human, tech-
nical and financial means to develop large-scale
exploitation.
After a new set of legal reforms introduced in
2013 the government created a Ministry of Mines
in 2015. This Ministry is in charge of imple-
menting a government mining policy and defining
a National Development Plan for the Mining
Sector. In April 2016, after 8 years without
granting new mining concessions, the Ministry
reopened the national territory to mining explora-
tion. As a result, roughly 2,000,000 ha of new
concessions (as represented in the map of Fig. 1)
have been claimed, mostly by foreign mining
companies and the ENAMI.
From 2009 onward, Correa’s administration
has strongly and consistently supported mining
activities and foreign companies at the legal,
political, and moral level. Using the “Responsible
Mining” rhetoric, the government promotes
national-wide legitimation campaigns. Neverthe-
less, land and water dispossessions, as well as
repression to social protest, have strongly in-
creased social resistance against large-scale min-
ing in peasants and indigenous communities. In
some cases, local groups have attacked mining
camps, like in the recent case of Panantza-San
Carlos in the so-called Cordillera del Condor.
Regulatory Framework
As owner of mines and deposits (Asamblea
Constituyente, art. 408), the National State may
delegate prospecting, exploration, exploitation,
beneficiation, smelting, refining, or even commer-
cialization of mineral substances to private inves-
tors. There are no specific restrictions to foreign in
comparison to national private investors, except
for the obligation of creating a subsidiary under
the Ecuadorian regime (Mining Law, art. 19). The
Mining Ministry defines the granting, administra-
tion, or cessation of mining concession titles.
The current mining law uses the legal figure of
the concession, through which mining companies
may have access to most of the national territory.
Mining concessions are measured in “mining
hectares,” which cannot exceed a limit of 5,000
has. (The mining hectare is a measure of volume
of pyramidal form, whose apex is the center of the
earth, its outer limit is the surface of the ground
and corresponds to a square of 100 m/side
(Mining Law, art.32). A mining concession is an
official administrative mining title granted to a
legal or natural person, which can be transferred
with the approbation of the competent authorities
(only after 2 years of the concession acquisition,
though). It is an exclusive right to explore, exploit,
benefit, refine, trade, and extract of all mineral
substances in the concession area (Mining Law,
art. 31). Such titles are valid for a period of up to
25 years, with option of renewal (Mining Law,
arts. 30, 36). In the case of metal mining, new
concessions are granted by public auction. How-
ever, the Mining Ministry can also directly autho-
rize new mining concessions, if the State has a
Ecuador: Mineral Policy
Ecuador: Mineral Policy, Fig. 1 Exploration mining concessions in Ecuador (Sources: ARCOM (2017), MM et al.
2016)
majority stake in the claimer. Nonme-
tallic concessions do not require public auction.
Figure 1 shows the territorial distribution of the
mining concessions claimed or granted until
March 2017.
Legal requirements for exploration and exploi-
tation of small, medium, or large-scale mining
projects, defined according to the size of the
5
deposit, include an environmental license from
the Ministry of Environment and water use per-
mission from the National Water Secretary
(SENAGUA). Tax obligations of the concession-
ary comprise an annual patent (currently less than
US$ 40 per hectare) and royalties to the State
for exploitation concessions. According to the
Mining Law (art. 93) and the Constitution (art.
6 Ecuador: Mineral Policy
408), a minimum of 50% State participation in
total revenues from mining exploitation is re-
quired. For this purpose, the law imposes a pay-
ment of a minimum of 5% in royalties on mineral
sales, in addition to a 25% corporate income tax, a
12% value added tax, and another 12% profit tax.
The 2009s mining law prompted a new and con-
troversial tax of 70% on windfall profits, which is
applied to the positive difference between the sale
price established in the contract and the market
price. It was also established that 60% of the
royalties must end in the hands of local govern-
ments for local development projects.
Another specificity of the law is the obligation
for private operators to sign a mining contract
with the State before the beginning of the exploi-
tation stage. There are two mechanisms: a service-
rendered contract and a mining contract. In the
former case, royalties and the windfall profit tax
are not applied but a 3% tax on the mining sales
have to go to sectional governments. For the con-
tracts that have been signed up to date (Mirador
and Fruta del Norte) the government negotiated
that foreign mining companies pay anticipated
royalties, that is to say payments in advance a
share of the future royalties (a few dozens of
millions). The funds are managed by a new state
entity called Ecuador Estratégico.
Regarding consultation processes with local
communities affected by mining projects, the cur-
rent mining law (art. 87) recognizes the right to
“information, participation and social consulta-
tion.” Nevertheless, even in the case of a majority
opposition to the project, the decision to develop
can be adopted by resolution of the government.
(In the mining projects areas, indigenous popula-
tion (which along with afro-Ecuadorians represent
more than 10% of the national population, INEC
2010) and antimining social movements are gen-
erally strongly represented.) In other words, the
law does not give local communities the right to
express their positions. Nor does it refer to the
figure of Free Prior and Informed Consent,
although this is mandatory for Ecuador in the
case of indigenous people, as the country ratified
the convention 169 of the ILO. However, some
compensation to the mining effects on communi-
ties can in theory be included in the closing
and rehabilitation costs, as well as compensation
payments for damages and/or environmental
guarantees. These payments are anticipated and
planned in the closure plan approved by the Envi-
ronment Ministry, when delivering the environ-
mental license.
The sovereignty of the State on subsoil re-
sources is exercised independently of the right of
ownership on the surface lands. The mining law
regulates the relationships between the owners of
minerals rights and the owners of land by means
of the easements (servidumbres in Spanish). An
easement is defined as a right, created by an
express or implied agreement, to use and/or enter
onto the real property of another without pos-
sessing it, in exchange for a monetary or material
compensation. The easement is mandatory for
the landowner, who can only negotiate the com-
pensation received. It is a sort of compulsory
“leasing,” authorized by the National Mining
Regulation Agency (ARCOM in Spanish),
which allows mining operators to legally dispos-
sess (in the sense of Harvey, explained before)
people from their land. We call this a process of
dispossession because the exploitation of the min-
eral concession could be incompatible with other
uses already given to the land, such as the living
place of the landowner. Measures applied for the
preservation of the environment during the con-
cession period has to be foreseen in the environ-
mental management plans, and monitored based
on the environmental audits that are carried out
periodically. The closure activities of the mining
operations have to include the rehabilitation of
affected areas, water treatment, revegetation,
reforestation, waste management, and a compen-
sation plan for social impacts.
In protected areas, although the exploitation
of nonrenewable resources is forbidden (Mining
Law, art. 25), mining exploration and exploitation
concessions may be granted if considered “rea-
sonable” by the Presidency of the Republic, and a
prior declaration of national interest is issued by
the National Assembly.
With these elements, the 2009s mining law
generated resistance from civil society as well as
from the private sector. The discontent of major
companies like Kinross and Iamgold against the
Ecuador: Mineral Policy
new tax regime was so important that they decided
to partially or totally sell their assets and leave
the country. As result, in the recent years there
has been an increasing presence of Chinese min-
ing capitals, such as the two Chinese state-owned
companies Tongling NonFerrous Minerals and
China Railways Construction Corporation
(CRCC), in charge of the Mirador, Mirador-
Norte, and Panantza-San Carlos copper projects.
On the other hand, various movements like
indigenous and urban ecologists have repeat-
edly denounced the unconstitutionality of the
law, because the Constitution states that a law
that may affect indigenous people must be sub-
mitted to a prelegislative consultation to those
potentially affected.
In June 2013, the government enacted a set of
modifications to the 2009s mining law in order to
introduce some flexibility in the tax regime. In this
new regime, the windfall profit tax cannot be
applied until the company has recovered its initial
investment. Also, a new upper threshold of 8%
was fixed for royalties in the specific case of gold
and copper. The process of obtaining the environ-
mental license was simplified and a new regime of
penalization was established for the “illegal
mining.”
International Memberships
Ecuador is a founding member of the United
Nations (UN); therefore, the country is affiliated
with many of its specialized agencies, such as
ECLAC, UNCTAD, UNESCO, UNEP, and
FAO. Regarding strategic sectors of the economy,
the country is a member of OPEC, OLADE. For
social issues important memberships are WHO
and ILO. As mentioned, Ecuador ratified the
ILO Convention 169 on Indigenous Peoples. For
the regional interests of the country, other signif-
icant memberships are OEA, CELAC, ALADI,
UNASUR, ALBA, and CAN. For economic pur-
poses, the country is a member of the IDB, IMF,
WB, and WTO.
Regarding the mining sector, Ecuador is a
member of the Inter-American Mining Society
(SIM) and the Latin American Mining
7
Organization (OLAMI). The country is only indi-
rectly an adherent of the Initiative of Responsible
Mining Assurance (IRMA), as part of the Latin
American Mining Monitoring Programme
(LAMMP), which follows the principles of
IRMA. Ecuador also participates in the network
Action for Prevention and conflict management
for the Sustainable Industrial Development of
Mining in Ibero-America (GECOMIN). Ecuador
is neither a member nor a candidate country to
the EITI.
Concluding Statement
Over the past two decades, the Ecuadorian gov-
ernments, whatever their political orientation,
have promoted large-scale metallic mining as
being essential for the future of the country’s
economy. From being marginal, three decades
ago, mining is today on the verge of becoming
one of the most important economic sectors of
the country.
In the 1990s and 2000s, as most of Latin
American countries, Ecuador adopted neoliberal
reforms promulgating a new mining code and
institutional arrangements designed to attract for-
eign investment. As a result, the role of the State in
the regulation of the sector was minimized. The
rise of the leftist leader Rafael Correa in 2007
initially generated concerns among transnational
miners with its promotion of a “return of the
State.” This led to an increase in the State capacity
to appropriate the mining rent, some institutional
re-arrangements and the creation of a National
Mining Company. Nevertheless, Correa has been
a strong promoter of large-scale mining activ-
ities during its 9 years long administration
(2007–2016), and the new mining law conserves
many structural features of the preceding neolib-
eral codes. As a result, a dozen of large-scale
mining projects have reached advanced explora-
tion stage and one large-scale project, Mirador, is
currently at the development stage. Despite
Correa’s “New Mining Deal,” social resistance –
sometimes armed – remains ubiquitous in the
country and has shown capacity to delay or even
stop projects.
8 Ecuador: Mineral Policy
At a macroeconomic level, the mining policies
implemented over the past decades increased the
weight of extractive commodities such as oil and
minerals in the Ecuadorian economy as a whole.
Although the government expects mineral exports
to be a significant source of foreign exchange for
the country’s economy in the future, this will
probably deepen the high dependence on interna-
tional prices, with direct negative consequences
on the economy in case of a drop, as currently
observed with oil prices.
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