Ecuador
Contributor: CorralRosales
Author: Xavier Rosales, Verónica Olivo
1. Which authority is in charge of the civil aviation registry in Ecuador? Does Ecuador use a single-registry system or is there a dual-registry system in place?
There are no specific rules regarding the use of digital or electronically signed documents with the Aviation Authority. However, the Law on Electronic Commerce grants digital and electronically signed documents the same validity and enforceability as physically signed documents.
The Law on Electronic Commerce differentiates electronic signatures issued by a duly licensed issuer in Ecuador from other valid electronic signatures (i.e., DocuSign or similar systems). For use with government entities in Ecuador, including the Aviation Authority, an electronic signature issued by a duly licensed issuer in Ecuador is required.
Additionally, documents to be registered with the Aircraft Registry must be notarized, and there is still no notarial process that acknowledges electronic signatures. Therefore, for documents to be registered with the Aircraft Registry, physically signed documents are required.
2. Is the registry an operator registry or an owner registry (or both)?
As mentioned in the answer to question 1), digital signatures are valid as long as it is an electronic, encrypted stamp of authentication on digital information, which confirms its integrity. However, for use with government entities, including the Aviation Authority, an electronic signature issued by a duly licensed issuer in Ecuador is required.
3. What are the requirements and documentation to register an aircraft in Ecuador? Include references to formalities such as notarisation, legalization, etc.
No, the Aircraft Registry is held physically.
4. What fees are payable to register an aircraft in Ecuador?
N/A
5. Are there any weight and/or maximum age restrictions to register an aircraft in Ecuador?
Yes, any document holding an electronic signature is valid and enforceable. Any document to be sent, filed, or registered with the Aviation Authority, requires an electronic signature issued by a duly licensed issuer in Ecuador.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Ecuador?
Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.
7. How is an aircraft title transfer effected in Ecuador? What are the formalities required to register such title transfer in the national registry of Ecuador (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.
8. What information and details are reflected in the certificate of registration of an aircraft?
No, other than the digital signature being an electronic, encrypted stamp of authentication on digital information. No express consent by the parties is required.
9. Are the entries in the aircraft registry of Ecuador made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
No, since the documents need to be duly notarized, and if granted outside of Ecuador, also apostilled.
10. What kind of aircraft operations can be conducted with aircraft registered in Ecuador (i.e., private use, commercial air transport or both)?
No.
11. Does the civil aviation authority in Ecuador authorise the operation of foreign registered aircraft? If so, with which countries has Ecuador entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
Yes. Any document to be filed with the Aircraft Register needs to be duly notarized and also apostilled if granted outside of Ecuador. There are no exemptions for digitally signed documents.
a. Has Ecuador implemented the e-Apostille program?
No.