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 August 2008, as amended in October 2013, 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. 25.2 of the Organic Law on the National System of Public Procurement stipulates that, for the acquisition of goods and services not classified as of Ecuadorian origin under the relevant regulations, prior verification of the absence of Ecuadorian-origin offers shall be required. Such verification must be carried out through expeditious mechanisms that do not hinder the contracting process.
Coverage Horizontal
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 2005, 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 has long been reported that government procurement in Ecuador can be cumbersome and insufficiently transparent, resulting in repeated cancellations, additional bidding costs, and a risk of manipulation by contracting authorities. More recent reports indicate that government procurement remains non-transparent and vulnerable to corruption. Public institutions are also reported to delay payments without explanation, even when goods and services have been satisfactorily delivered and supported by appropriate work orders and receipts. The lack of transparency creates a risk that procuring entities may administer 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
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
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
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 January 2021, last amended in January 2025
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Payment Systems Regulation
Since January 2021, electronic payment accounts have been subject to caps on the amount that may be loaded into or held in the account, thereby limiting the funds available for online payments. Although Art. 20(f) of the Payment Systems Regulation expressly permits these accounts to be used for e-commerce payments, Art. 21 initially set the applicable ceiling at DOP 60,000 (approx. USD 1,020) during any 30-day period. The base ceiling was increased to DOP 75,200 (approx. USD 1,280) in 2025 and, under the framework currently in force, applies to natural persons, while ceilings of three times that amount, DOP 225,600 (approx. USD 3,830), and four times that amount, DOP 300,800 (approx. USD 5,110), apply to natural persons engaged in commercial activities and legal persons, respectively. Thus, the restriction does not prohibit online payments but limits the amount that can be funded through these accounts.
Coverage Horizontal
DOMINICAN REPUBLIC
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
Law No. 20-00 provides a framework for effective protection of trade secrets. Chapters I and II of Title VI include a definition and conditions to protect a secret, what constitutes unfair competition related to trade secrets, what are the unfair means of access to a trade secret, information for sales authorisation and the actions that may be brought against this act of unfair competition.
Coverage Horizontal
