Navigation Bill in Ecuador – During the legislative process for the Navigation, Safety Management, and Maritime Security Bill, I had the opportunity to present my comments to the National Assembly’s Committee on Sovereignty and International Relations.

In summary, my suggestions were:

1) Include the functions of all entities with authority within the National Maritime Organization System, as the bill currently only includes the functions of the National Defense Authority.

2) Specify how the Captains’ Jury is formed. This should not be relegated to a separate regulation.

3) While sanctions appear to apply only to citizens, infractions can also be committed by legal entities.

4) Clarify the sanctioning functions of other entities in incidents, such as the Superintendencies of Oil Terminals, the Ministry of the Environment, etc.

5) Analyze the system for calculating fines. They appear disproportionate and excessive.

6) Note that, according to the Constitution, environmental damages do not have a statute of limitations and give rise to strict liability.

7) Sanctioning procedures must comply with the Organic Administrative Code.