EcuadorianMaritimeand Port Law.
We defend companies operating in ports and aquatic spaces, as well as the aquaculture and fishing industry, before the maritime authority, the Prosecutor's Office and the aquaculture and fisheries authorities. From Guayaquil, we support your company with casualties, permits, contracts and cargo release.
At sea, a casualty is investigated for months, but the defense is decided in the first days of the investigation. That is why we act from the port, with the technical evidence and the strategy ready from the outset.
What we do when a casualty occurs.
A collision, a grounding or a spill opens administrative and, at times, criminal fronts at the same time. This is the support we activate with your company from the first notice.
- 01
First notice
We review what happened with you and organize communications with the maritime authority and the other parties.
- 02
Evidence preservation
We secure logbooks, navigation records, communications and crew statements.
- 03
Summary investigation
We represent your company in the proceeding conducted by the Port Captaincy to establish causes and liability.
- 04
Board of Captains
We present your company's technical and legal position before the Board of Captains that rules on the casualty.
- 05
Appeals
If the ruling goes against you, we challenge it before the National Directorate of Aquatic Spaces (DIRNEA).
- 06
Criminal front
If the Aquatic Spaces Prosecutor's Office becomes involved, we coordinate the defense with our criminal law practice.
Legal counsel from the dock to the open sea.
We support companies operating in ports, rivers and territorial waters, as well as the aquaculture and fishing industry, in their administrative, contractual and litigation matters.
- Maritime authority
- 01
Casualties and violations in aquatic spaces
- 02
Counsel before the Aquatic Spaces Prosecutor's Office
- Aquaculture and fisheries
- 03
Defense in aquaculture and fisheries proceedings
- 04
Aquaculture permits and concessions
- Contracts and compliance
- 05
Maritime and aquaculture contracts
- 06
Regulatory compliance, due diligence and cargo release
Casualties and violations in aquatic spaces
We represent your company in summary investigations of maritime casualties and in sanctioning proceedings for violations, before the Port Captaincy, the Board of Captains and, on appeal, before DIRNEA.
- Summary investigations
- Sanctioning proceedings
- Appeals before DIRNEA
Counsel before the Aquatic Spaces Prosecutor's Office
We stand by the company and its crew when the Aquatic Spaces Prosecutor's Office investigates a casualty, seizes vessels or engines, or investigates pollution from hydrocarbon discharges.
- Casualties
- Seizure of vessels and engines
- Hydrocarbon pollution
Defense in aquaculture and fisheries proceedings
We defend aquaculture and fishing companies in proceedings before the Legal Directorate of Aquaculture and Fisheries of the Ministry of Production, Foreign Trade, Investment and Fisheries, and we challenge its decisions through administrative and judicial channels.
- Administrative proceedings
- Administrative challenges
- Judicial challenges
Aquaculture permits and concessions
We obtain the permits and concessions that aquaculture activity requires and help your company keep them in good standing.
- Applications and renewals
- Requirements and documentation
- Follow-up with the authority
Maritime and aquaculture contracts
We draft, review and negotiate the contracts for your maritime, port or aquaculture operation, with clear clauses on risks and liabilities.
- Maritime contracts
- Aquaculture contracts
- Negotiation
Regulatory compliance, due diligence and cargo release
We review your operation's regulatory compliance, conduct due diligence on assets and companies in the sector, and support the release of port cargo together with our customs and foreign trade law practice.
- Regulatory compliance
- Due diligence
- Port cargo release
A precedent at the Port of Guayaquil.
Our Guayaquil office serves companies along the country's coast before the maritime authority, the Prosecutor's Office and the aquaculture and fisheries authorities. These are the fronts we work on.
Casualty resolved with no liability for our client.
After a year-long summary investigation into the incident involving the Brazilian Navy's sail training ship Cisne Branco and the pedestrian bascule bridge linking Santay Island with Guayaquil, the Board of Captains of the Guayaquil Port Captaincy ruled on December 22, 2022 that the casualty occurred with no liability for our client, as an act of God. It was the first incident of its kind resolved by that Board under the Organic Law on Navigation, Safety Management and Maritime and River Protection in Aquatic Spaces.
Casualties
Collisions, groundings and damage in aquatic spaces.
Board of Captains
Technical defense in the summary investigation.
Violations
Sanctioning proceedings of the maritime authority.
Prosecutor's Office
Seizures and hydrocarbon pollution.
Aquaculture
Permits, concessions and proceedings.
Fisheries
Defense before the fisheries authority.
Contracts
Maritime, port and aquaculture.
Cargo
Cargo release and foreign trade.
One team, one point of contact.
Initial meeting
We listen to your situation in full confidence and review the information available.
Assessment
We identify risks, outstanding obligations and priorities for your company.
Plan and budget
We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.
Execution and follow-up
A lead lawyer coordinates everything and keeps you clearly informed at every step.
Six consecutive years in Band 1.
Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.
The people behind your operation.
A team based in Guayaquil, on the country's coast, backed by the firm's criminal, administrative and customs practices.
What clients often ask us.
General answers to common questions. Every company is different: write to us so we can review your situation.
01What is a summary investigation of a maritime casualty?
It is the proceeding the maritime authority conducts, through the Port Captaincy, to establish the causes of a casualty in aquatic spaces and determine whether anyone is liable. Its outcome may have administrative consequences for the company and its crew.
02What should my company do if one of its vessels is involved in a casualty?
Preserve logbooks, navigation records and communications without altering them, organize the crew's information and seek legal counsel before giving any statements. How the first few days are documented carries weight throughout the investigation.
03Can a ruling by the maritime authority be appealed?
Yes. Rulings issued in these proceedings can be appealed before the National Directorate of Aquatic Spaces (DIRNEA), within the deadlines set by the regulations. We review the case file and advise you on the best course of action for your case.
04What happens if the Prosecutor's Office seizes a vessel or an engine?
The Aquatic Spaces Prosecutor's Office may intervene in casualties, seizures or pollution cases. In those cases, we coordinate the company's defense with our criminal law practice and take the steps needed to protect its assets and its operation.
05Can you help me release cargo held at the port?
Yes. We review the reason for the hold and, together with our customs and foreign trade law practice, take the necessary steps before the authorities involved in releasing the cargo.
Let's talk about
your operation.
Choose the option that best describes your situation and we will message you directly on WhatsApp to book a confidential initial meeting.
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