Ecuador
Contributor: CorralRosales
Author: Xavier Rosales, Verónica Olivo
1. Is there specific legislation in Ecuador ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?
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. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?
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. Does the Aviation Authority in Ecuador use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?
No, the Aircraft Registry is held physically.
4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Ecuador?
N/A
5. Do the courts of Ecuador consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?
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. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Ecuador?
Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.
7. Do the courts of Ecuador accept procedural documents executed digitally? Is there any specific certification required? Does Ecuador make any distinction between official digital signatures and private digital signatures?
Yes, but the electronic signature needs to be issued by a duly licensed issuer in Ecuador.
8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?
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. Can foreign entities not located in Ecuador execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Ecuador? Are there any other formalities required?
No, since the documents need to be duly notarized, and if granted outside of Ecuador, also apostilled.
10. Does the Aviation Industry in Ecuador usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?
No.
11. Are there any Notary or Apostille requirements in Ecuador? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?
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.