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2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Privatization
Indicators   Score
50 Is the privatization process effective? 33
51 Can citizens access the terms and conditions of privatization bids? 65

Indicator and sub-Indicator Details

50 Is the privatization process effective?
 
  50a: In law, all businesses are eligible to compete for privatized state assets.
 
Score: YES  NO score
  Comments: This article of the Ley de Modernización del Estado shows that all citizens are able to participate in a given privatization process. All private enterprises can compete for public assets as well regardless of their nationality (domestic or foreign).

References: Article 49 lit. b. Ley de Modernización del Estado (De los Participantes).

Peer Review Comments: The Public Contracting Law (Ley de Contratación Pública) does not exclude any businesses.

  50b: In law, there are regulations addressing conflicts of interest for government officials involved in privatization.
 
Score: YES  NO score
  Comments: They should not use public information to gain personal benefits.

References: There are not such regulations.

  50c: In practice, conflicts of interest regulations for government officials involved in privatization are enforced.
 
Score: 100  75  50  25  0  score
  Comments: Ecuador has no experience on privatization.

References: No historical cases.

Peer Review Comments: This is true, perhaps during the period covered by this report.

51 Can citizens access the terms and conditions of privatization bids?
 
  51a: In law, citizens can access privatization regulations.
 
Score: YES  NO score
  Comments:

References: National Constitution: Article 94 Article 15 Ley de Modernización del Estado

  51b: In practice, privitizations are effectively advertised.
 
Score: 100  75  50  25  0  score
  Comments: Ecuador has no experience on privatization.

References: No historical cases.

Peer Review Comments: Whereas no major privatization processes have taken place in the past year, newspapers are regularly publishing bidding opportunities involving different minor public services that can be provided by the private sector.

Peer Review Comments: Again, no there is experience of privatization during the year covered by this report.

  51c: In law, the government is required to publicly announce the results of privatization decisions.
 
Score: YES  NO score
  Comments: The government is obligated to communicate to the citizenship their resolutions. This is done in the Official Register.

References: Ley de Transformación Económica del Ecuador Ley de Modernización del Estado.

  51d: In practice, citizens can access privatization regulations within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Ecuador has no experience on privatization.

References: No historical cases.

Peer Review Comments: Whereas no major privatization processes have taken place in the past year, there are bids involving different minor public services that can be provided by the private sector. These decisions are routinely made known, or the information can be accessed. The Law of Access to Public Information grants this right. A source of information is the Coalition of Access to Public Information.

  51e: In practice, citizens can access privatization regulations at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Ecuador has no experience on privatization.

References: No historical cases.

Peer Review Comments: Whereas no major privatization processes have taken place in the past year, there are bids that involve different minor public services that can be provided by the private sector. These decisions are routinely made known, or the information can be accessed at little or no cost. The Law of Access to Public Information grants this right. A source of information is the Coalition of Access to Public Information.

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