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Public Officials Must Avoid Conflict of Interest and Corruption

QUITO, ECUADOR - In an effort to prevent corruption and maintain transparency, Ecuador’s government has implemented strict regulations for public officials. These rules aim to ensure that officials do not engage in activities that could compromise their duties or create conflicts of interest.

Restrictions on Public Official Activities

According to the Public Procurement Law, public officials are prohibited from:

  • Participating in bids or having direct influence over contracts involving close relatives, even through corporate structures
  • Practicing law privately or holding second jobs in the private sector (judiciary branch public officials, including lawyers)

Gifts and Hospitality Restrictions

Public officials are restricted from:

  • Requesting, accepting, or receiving gifts, money, rewards, or privileges
  • The intention behind the gift is crucial, as it can determine whether an official faces administrative sanctions or criminal charges for bribery

Exceptions apply to gifts received during official events in Ecuador or overseas, which must be valued at less than a monthly minimum wage and declared as part of the public institution’s inventory.

Political Contributions

Private sector contributions to political campaigns are limited to:

  • Ecuadorian citizens
  • Foreign residents
  • With strict limits established for each election season
  • Aimed at preventing corruption and ensuring transparency in political funding

Penalties for Corruption

The government has established severe penalties for those found guilty of:

  • Bribery
  • Embezzlement
  • Extortion
  • Illicit enrichment
  • Crimes carry no statute of limitations, and officials who are convicted can face imprisonment ranging from one to 13 years
  • Public officials convicted of these crimes are prohibited from holding office again
  • Article 113 of the Constitution bans those convicted of bribery, illicit enrichment, or embezzlement from running for public office

Foreign Bribery

Ecuador has not enacted specific laws governing foreign bribery, but its Criminal Code allows for prosecution if a crime committed overseas causes harm in Ecuador or affects international conventions.