ECUADOR
Since August 2008, last amended in June 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
Art. 37 of the Organic Law on the National System of Public Procurement provides that the participation of foreign consultants in public procurement procedures, whether natural or legal persons, is limited to services, fields, activities, or areas in which there is, either partially or wholly, no domestic technical capacity or experience, as certified by the National Public Procurement Service, which must issue a public notice inviting expressions of interest from national suppliers. Where, within eight days, no domestic providers express interest, or those that do fail to meet the required technical capacity or experience, the contracting authority may authorise the participation of foreign consultancy service providers. Art. 39 further provides that foreign legal entities must be domiciled in Ecuador in order to execute public contracts, and that foreign companies registered as consultants in the Unified Registry of Suppliers (RUP) may not engage in any activity other than consultancy services within the scope of their registration; in all cases, preference is given to the engagement of Ecuadorian professionals.
Coverage Consulting services
ECUADOR
Since April 2011, last amended in August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ministry of Telecommunications and Information Society (MINTEL) Agreement No. 141 of 2011 (Acuerdo Ministerial No. 141 del Ministerio de Telecomunicaciones y de la Sociedad de la Información (MINTEL))
Ministerial Agreement No. 141 requires public entities to procure telecommunications services exclusively from State‑owned providers. Art. 1 requires that public‑sector bodies contract services such as fixed telephony, advanced mobile services, data links, internet services, and other related telecommunications services through public telecommunications enterprises. Art. 2 permits procurement from private providers only where public telecommunications enterprises are unable, for duly justified technical reasons, to meet the required specifications. Art. 3 extends these obligations to the acquisition of emerging digital technologies, including big data, the Internet of Things, blockchain, cloud computing, hosting, artificial intelligence, virtual reality, and comparable technologies. It is reported that, pursuant to this framework, customers seeking to contract cloud service providers that rely on data centres located outside Ecuador must do so through the National Telecommunications Corporation (CNT), a State‑owned entity that acts as the mandated local partner.
Coverage Telecommunications services
Sources
- https://web.archive.org/web/20260221000247/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2018/10/Acuerdo-Nro-141-Empresas-públicas-deben-contratar-telecomunicaciones-con-el-Estado.pdf
- https://web.archive.org/web/20260221001550/https://www.telecomunicaciones.gob.ec/wp-content/uploads/2023/09/mintel-mintel-2023-00170673970001691547801.pdf
- https://www.trade.gov/country-commercial-guides/ecuador-digital-economy
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ECUADOR
Since November 2016, entry into force in December 2016
Since June 2020
Since June 2020
Pillar Public procurement of ICT goods and online services |
Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Organic Code on the Social Economy of Knowledge, Creativity and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
Decree No. 1073: Regulations for the Acquisition of Software by Public Sector Contracting Entities (Decreto No. 1073: Reglamento para la Adquisición de Software por Parte de las Entidades Contratantes del Sector Público)
Decree No. 1073: Regulations for the Acquisition of Software by Public Sector Contracting Entities (Decreto No. 1073: Reglamento para la Adquisición de Software por Parte de las Entidades Contratantes del Sector Público)
Art. 148 of the Organic Code on the Social Economy of Knowledge, Creativity and Innovation establishes a mandatory hierarchy for software procurement in the public sector, requiring contracting entities to prioritise: (1) open‑source software that includes source‑code development, parametrisation or implementation services with a significant component of Ecuadorian added value; (2) software in any other modality that incorporates services with a majority Ecuadorian added‑value component; (3) open‑source software that does not include a majority component of Ecuadorian added‑value services; (4) international software supplied through national providers; and (5) international software supplied through foreign providers. Where a public body is unable to acquire or develop open‑source software with services that include a significant component of Ecuadorian added value, it must justify the procurement of alternative technologies before the electronic government regulatory authority designated by the President of the Republic. Furthermore, when non‑free technologies are procured, the acquiring institution must submit, within 180 days, a feasibility plan for migration to free digital technologies; if migration is feasible, implementation must occur within a maximum period of five years, and if not, the competent authority must undertake periodic evaluations in accordance with applicable regulations. Decree No. 1073 provides further details concerning this prescribed order of preference in governmental software procurement.
Coverage Software
Sources
- https://web.archive.org/web/20251006131941/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2018/10/Codigo-Organico-de-la-Economia-Social-de-los-Conocimientos-Creatividad-e-Innovacion.pdf
- https://web.archive.org/web/20260224155513/https://www.gobiernoelectronico.gob.ec/wp-content/uploads/2020/06/Decreto_Ejecutivo_No._1073_20200512213030_compressed.pdf
- https://web.archive.org/web/20260224165959/https://www.state.gov/wp-content/uploads/2025/09/638719_2025-Ecuador-Investment-Climate-Statement.pdf
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ECUADOR
Since August 2008, last amended in June 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
Art. 25.1 of the Organic Law on National System of Public Procurement stipulates that the tender documents shall include evaluation criteria designed to encourage and promote local and national participation, as well as women’s entrepreneurship in all its diversity, by establishing a margin of preference for providers of works, goods and services, including consultancy services, of local and national origin. Art. 25.2 also provides that preference shall be granted to suppliers of goods, works, or services that incorporate a greater proportion of Ecuadorian origin, as well as to actors within the popular and solidarity economy, artisans, small producers, microenterprises, small enterprises, family farming units, and entrepreneurial initiatives led by women in all their diversity. Such preference shall be implemented through mechanisms including, but not limited to, proportionate preference margins, market reservation in the context of inclusive fairs, advance payments, and preferential subcontracting. The preferential measures shall follow this order of precedence: first, organisations of the popular and solidarity economy, artisans, small producers, microenterprises, small enterprises, family farming units, and women-led entrepreneurial initiatives; and second, medium-sized enterprises.
In addition, Art. 25.4 provides that priority shall be given to nationally produced goods, works and services, particularly those originating from the popular and solidarity-based economy and from micro, small and medium productive units, in all public procurement procedures, with preferential margins but without market reservations.
In addition, Art. 25.4 provides that priority shall be given to nationally produced goods, works and services, particularly those originating from the popular and solidarity-based economy and from micro, small and medium productive units, in all public procurement procedures, with preferential margins but without market reservations.
Coverage Horizontal
ECUADOR
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that government procurement in Ecuador is frequently cumbersome, insufficiently transparent, and vulnerable to corruption. Public institutions are said to delay payments without providing justification, even when goods and services have been satisfactorily delivered and supported by appropriate work orders and receipts. This lack of transparency creates a risk that procuring entities may conduct procurement procedures in a manner that favours a preferred supplier.
Coverage Horizontal
ECUADOR
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Ecuador is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal
ECUADOR
Since October 2008, last amended in July 2011
Since February 2015, entry into force in February 2015, last amended in December 2019
Since February 2015, entry into force in February 2015, last amended in December 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Constitution of the Republic of Ecuador 2008 (Constitución de la República del Ecuador 2008)
Organic Law of Telecommunications (Ley Orgánica de Telecomunicaciones)
Organic Law of Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 313 of the Constitution of the Republic of Ecuador 2008, the State reserves the right to administer, regulate, control, and manage strategic sectors, including telecommunications. Furthermore, according to Arts. 316 of the Constitution of the State and Art. 14 of the Organic Law of Telecommunications, public telecommunications services are provided directly by the State, through public telecommunications companies, or indirectly through delegation to mixed economy companies in which it has a majority shareholding.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
Since August 2012, entry into force in March 2013
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DOMINICAN REPUBLIC
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Dominican Republic has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
DOMINICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Dominican Republic has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
Sources
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_signatures/status
- https://web.archive.org/web/20241204210552/https://indotel.gob.do/wp-content/uploads/2022/10/ley-no-126-02.pdf
- https://web.archive.org/web/20220204125657/https://ogtic.gob.do/wp-content/uploads/2019/08/Ley-No.-126-02-sobre-el-Comercio-Electr%C3%B3nico-Documentos-y-Firmas-Digitales.pdf
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DOMINICAN REPUBLIC
Since November 2002
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Monetary and Financial Law No. 183-02 (Ley No. 183-02 Monetaria y Financiera)
According to Art. 29 of Law No. 183-02, foreign exchange brokerage may only be carried out by authorised financial brokerage entities and by Exchange Agents. Art. 30 states that to be an Exchange Agent, it is necessary to be constituted as a joint stock company organised in accordance with the laws of the Dominican Republic, with the objects clause and the exclusive habitual activity of carrying out exchange intermediation in free market conditions in the national territory, as well as abroad under the modality of remittance company.
Coverage Horizontal
DOMINICAN REPUBLIC
Since July 2005
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Art. 4 of Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
DOMINICAN REPUBLIC
Since September 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
General Law No. 358-05 for the Protection of Consumer or User Rights (Ley General No. 358-05 de Protección de los Derechos del Consumidor o Usuario)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
DOMINICAN REPUBLIC
Reported in 2021, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in the country for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). The country allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
DOMINICAN REPUBLIC
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
The Dominican Republic has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
