ECUADOR
Since November 1999, last amended in March 2023
Since August 2008, last amended in February 2021
Since June 2022, entry into force in August 2022
Since August 2008, last amended in February 2021
Since June 2022, entry into force in August 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Companies Law (Ley de las Compañías)
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
Regulation to the Organic National System of Public Procurement Law (Reglamento a la Ley Orgánica Del Sistema Nacional de Contratación Pública)
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
Regulation to the Organic National System of Public Procurement Law (Reglamento a la Ley Orgánica Del Sistema Nacional de Contratación Pública)
According to Art. 6 of the Companies Law, commercial presence is required if the activities that a foreign company is going to be exercising in Ecuador involve the execution of public works and the provision of public services.
In addition, registration in the Unified Registry of Suppliers (R.U.P.) is required to participate in public procurement according to Art. 18 of Organic Law on the National System of Public Procurement and Art. 18 of its Regulation.
In addition, registration in the Unified Registry of Suppliers (R.U.P.) is required to participate in public procurement according to Art. 18 of Organic Law on the National System of Public Procurement and Art. 18 of its Regulation.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240328094619/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2023/04/ECLEX-PRO-MERCANTI-LEY_DE_COMPANIAS.pdf
- https://web.archive.org/web/20240924113233/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
- https://web.archive.org/web/20241203195008/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2022/08/Decreto_Ejecutivo_No._458_20220520094615-1.pdf
- https://web.archive.org/web/20221006230259/https://portal.compraspublicas.gob.ec/sercop/el-nuevo-reglamento-general-a-la-ley-organica-del-sncp-entrara-en-vigencia-a-partir-del-20-de-agosto/
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ECUADOR
Reported in 2022, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that bidding on government procurement can be cumbersome and non-transparent. Payments can often be delayed without explanation despite provision of goods and services and proper work orders and receipts. Personnel turnover within government entities sometimes requires restarting bidding processes as the new personnel do not want to continue processes for fear of national comptroller audits. It is reported that the lack of transparency poses a risk that procuring entities will administer a procurement to the advantage of a preferred supplier.
Coverage Horizontal
ECUADOR
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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 June 2013, entry into force in June 2013, last amended in February 2019
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Constitution of the Republic of Ecuador 2008 (Constitución de la República del Ecuador 2008)
Organic Law on Communication (Ley Orgánica de Comunicación)
Organic Law on Communication (Ley Orgánica de Comunicación)
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 Art. 316 of the Constitution of the State and Art. 14 of the Organic Law on Communications, 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
Sources
- https://web.archive.org/web/20240723111745/https://www.oas.org/juridico/pdfs/mesicic4_ecu_const.pdf
- https://web.archive.org/web/20240505194643/https://www.telecomunicaciones.gob.ec/wp-content/uploads/downloads/2016/05/Ley-Org%C3%A1nica-de-Telecomunicaciones.pdf
- https://web.archive.org/web/20230304083329/https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
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ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Organic Law on Communication (Ley Orgánica de Comunicación)
According to Art. 98 of the Organic Law on Communications, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realisation and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities, with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Coverage Advertising sector
ECUADOR
Since June 2013, entry into force in June 2013, last amended in February 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Organic Law on Communication (Ley Orgánica de Comunicación)
According to Art. 6 of the Organic Communication Law, foreign companies or individuals (except foreign citizens who reside regularly in Ecuador) cannot own more than 49% stakes in "national" social media. These are defined as those social media that reach more than 30% of the Ecuadorian population.
Coverage Social media
ECUADOR
Since November 1999, last amended in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Companies Law (Ley de las Compañías)
According to Art. 6 of Company Law, commercial presence is required if the activities that a foreign company is going to be exercising in Ecuador involve the execution of public works and the provision of public services.
Coverage Horizontal
ECUADOR
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.08%
Coverage rate of zero-tariffs on ICT goods (%)
56.41%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
DRC does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
DRC has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
DRC has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
DRC 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
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 92 of Law No. 20/017 of 25 November 2020 relating to Telecommunications and Information and Communication Technologies, any operator of a telecommunications network open to the public or any provider of telecommunications services Internet access is required to identify its subscribers at the time of subscription to telecommunications services., In addition, Art. 93 strengthens this by indicating that no connection to the network can be granted without prior identification. Moreover, according to Art. 94, the State reserves the right to interrupt any connection of the subscriber who is not or has been misidentified.
Coverage Telecommunication sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Since June 2018
Since June 2018
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
With the Law No. 20/017 of 2020, which governs the telecommunications sector, the government is given the power to take over the means of communication in the interest of national security. Art. 125 provides that the State may prohibit the use of telecommunication facilities, in full or in part, for any period of time, as it deems fit, in the interests of public security or national defence, the public telecommunications service, or for any other reason. In June 2018, the Minister of Posts, Telecommunications and Information signed a Ministerial Order strengthening the control of online media (Ministerial Order No 011/CAB/M-CM/LOM/2018).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220401150525/https://legalrdc.com/wp-content/uploads/2021/11/Loi-20017_Telecom-et-Tech.pdf
- https://web.archive.org/web/20230105082840/https://www.droitcongolais.info/files/743.06.18_Arrete-du-14-juin-2018_libertedepresseModification.pdf
- https://www.apc.org/sites/default/files/UPR_DRC.pdf
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