ECUADOR
Since December 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Organic Code on Social Economy of Knowledge, Creativity, and Innovation (Código Orgánico de la Economía Social de los Conocimientos, Creatividad e Innovación)
According to Art. 98 of Organic Code on Social Economy of Knowledge, Creativity, and Innovation, applicants who do not have residency in Ecuador, must have an agent domiciled in the country who can help them register industrial property right and answer petitions of competent national authority.
Coverage Horizontal
ECUADOR
Since November 1999, last amended in December 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Company 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
Since 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 Comunicaciones)
According to Art. 6 of the Organic Communication Law, foreign companies or individuals (except foreign citizens who resides regularly in Ecuador) cannot own more than 49% stakes of "national" social media. These are defined as those social media that reach more than 30% of Ecuadorian population.
Coverage Social media
ECUADOR
Since October 2008, last amended in July 2011
Since February 2015
Since February 2015
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 Telecommunications (Ley Orgánica de Telecomunicaciones)
Organic Law on 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 Art. 316 of the Constitution of the State and Art. 14 of the Organic Law on 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
ECUADOR
Since February 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Organic Law on Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 98 of the Organic Law on Telecommunications, 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 realization 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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 November 1999, last amended in December 2017
Since August 2008, last amended in February 2017
Since May 2009, last amended in August 2022
Since August 2008, last amended in February 2017
Since May 2009, last amended in August 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Company Law (Ley de 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 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.
In addition, the 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 National System of Public Procurement and Art. 18 of its Regulation.
In addition, the 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 National System of Public Procurement and Art. 18 of its Regulation.
Coverage Horizontal
ECUADOR
Last reported in 2022
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
Since August 2008, last amended in February 2021
Since June 2022, entry into force in August 2022
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
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
General Regulations to the Organic Law of the National Public Procurement System (Reglamento General a la Ley Orgánica del Sistema Nacional de Contratación Pública)
General Regulations to the Organic Law of the National Public Procurement System (Reglamento General a la Ley Orgánica del Sistema Nacional de Contratación Pública)
Art. 25.1 of the Organic Law on National System of Public Procurement provides that the tender documents must contain evaluation criteria that encourage and promote local and national participation, through a margin of preference for suppliers of works, goods and services, including consultancy, of local and national origin. Art. 37 of the General Regulations to the Organic Law of the National Public Procurement System further clarifies the margins of preference.
Coverage Horizontal
Sources
- https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
- https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2022/08/Decreto_Ejecutivo_No._458_20220520094615-1.pdf
- 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/
- Show more...
ECUADOR
Since August 2008, last amended in February 2021
Since June 2022, entry into force in August 2022
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
Organic Law on National System of Public Procurement (Ley Orgánica Del Sistema Nacional de Contratación Pública)
General Regulations to the Organic Law of the National Public Procurement System (Reglamento General a la Ley Orgánica del Sistema Nacional de Contratación Pública)
General Regulations to the Organic Law of the National Public Procurement System (Reglamento General a la Ley Orgánica del Sistema Nacional de Contratación Pública)
Art. 25.2 of the Organic Law on National System of Public Procurement provides that preference must be given to the bidder of goods, works or services that incorporates a greater component of Ecuadorian origin or to actors of the popular and solidarity economy and Micro, Small and Medium Enterprises (MSMEs), through the application of mechanisms such as: proportional margins of preference over the bids of other suppliers, market reserve, delivery of advances, preferential subcontracting, among others. Art. 38 of the General Regulations to the Organic Law of the National Public Procurement System further clarifies the preference for MSMEs and actors of the popular and solidarity economy.
Coverage Horizontal
Sources
- https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2021/04/losncp_actualizada1702.pdf
- https://portal.compraspublicas.gob.ec/sercop/wp-content/uploads/2022/08/Decreto_Ejecutivo_No._458_20220520094615-1.pdf
- 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/
- Show more...
ECUADOR
Since August 2008, last amended in February 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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. 25.2 of the Organic Law on National System of Public Procurement provides that the entity in charge of public procurement must include the obligation of technology and knowledge transfer in all procurement of non-Ecuadorian origin.
Coverage Horizontal
ECUADOR
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ecuador is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
ECUADOR
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.28%
Coverage rate of zero-tariffs on ICT goods (%)
67.25%
Coverage: Digital goods
DOMINICAN REPUBLIC
Since 2002
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
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://transparencia.indotel.gob.do/wp-content/uploads/2022/10/ley-no-126-02-ingles.pdf
- https://ogtic.gob.do/wp-content/uploads/2019/08/Ley-No.-126-02-sobre-el-Comercio-Electr%C3%B3nico-Documentos-y-Firmas-Digitales.pdf
- Show more...