Anti-Corruption Laws and Regulations in Ecuador

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Ecuador has established a comprehensive legal framework to prevent and punish corruption. This article outlines key regulations related to gifts and gratuities, travel, meals, and entertainment, as well as penalties for corruption-related crimes.

Gifts and Gratuites: Prohibited Practices

Requesting, Accepting or Receiving Gifts

Public officials are prohibited from requesting, accepting or receiving any gifts, money, rewards or privileges.
The basis for whether a public official receives an administrative sanction or is subject to criminal liability for bribery is the intention behind the gift request or acceptance.

Valuation of Gifts

Gifts received from public authorities during official events in Ecuador or overseas must be valued based on the monthly minimum wage; if the value exceeds this amount, the gift becomes part of the inventory of the public institution.

Private Commercial Bribery: Civil and Penal Consequences

Civil Liability

Civil law protects abusive relationships between private parties, including fiduciary or trust breaches and commercial civil collusion.
Compensation may include damages, provided the action is not considered a crime, such as commercial or civil fraud.

Companies Law

The Companies Law prohibits corporations from acting against the law, public policy and good behavior.

Statute of Limitations

Corruption-related crimes have no statute of limitations, and trials can take place without the accused party being present.

Prison Sentences

Bribery: 1-5 years, or up to 7 years if the bribery leads to another crime.
Extortion: 3-5 years, or up to 7 years if it involves violence or threats.
Trafficking of influences or influence peddling: 3-5 years, or up to 5 years if committed for illegally obtaining business with a public entity.
Embezzlement: 10-13 years.
Illicit enrichment of a public official: depends on the enrichment value, calculated based on the monthly minimum wage.

Foreign Bribery

Application of Ecuadorian Law

Ecuador has not enacted specific provisions on foreign bribery; however, the Criminal Code establishes that crimes committed overseas may be subject to Ecuadorian law in certain circumstances.