Anti-Bribery and Corruption Legislation in Ecuador

Key Legislation

The key anti-bribery and corruption legislation in Ecuador is the Criminal Code, which contains several offenses related to bribery, influence peddling, embezzlement, unlawful enrichment, and extortion.

Recent Developments

• A general referendum held on February 4, 2018, amended the Criminal Code to create criminal liability for corporate entities that commit bribery, influence pedding, and use of a straw man. However, there has been no specific anti-bribery and anti-corruption law enacted in Ecuador in the last ten years.

Prohibited Activities

• Bribe payments to domestic government officials are prohibited under the Criminal Code, article 280.
• There is no legislation that specifically prohibits bribe payments to foreign government officials.
• Requesting or accepting bribes is also prohibited by the law.

Liability and Penalties

• Both foreign and national individuals may be held liable under the Criminal Code.
• Corporate entities can be held criminally liable for bribe payments.
• The penalty for individuals violating the law includes:
  • A prison sentence ranging from one to seven years
  • Additional civil and administrative penalties
• Corporate entities found guilty of bribery will face a fine ranging between five hundred and one thousand basic salaries (approximately $200,000 to $400,000 in 2020) and dissolution and liquidation.

Compliance Programs and Cooperation

• A compliance program designed to prevent bribery is not considered a defense for corporate entities that violate the anticorruption law.
• Ecuadorian criminal law does not provide for deferred prosecution agreements or leniency agreements for corporations that cooperate or self-disclose a violation. However, individuals may seek a reduction in penalties based on effective cooperation (“cooperación eficaz”).