ECUADOR

On July 1, the Citizens’ Participation Committee adopted the report required for the first debate on the bill for the recovery of property of illicit origin (known as Extinction of Domain). The aim of the initiative is to recover assets resulting from illegal activities, and it is expected to be discussed by the National Assembly in the coming weeks.

The text ensures protection is provided for witnesses, investigation agents and others involved in the process, and are thus exposed to high risk levels, allowing them to enter the National System of Victim and Witness Protection.

Similarly, the regulations propose that persons who become aware of the existence of assets that could be eligible for the procedure of extinction of domain should inform the Attorney General’s Office. Failure by public servants to comply with this duty will constitute a first-class violation, as provided for in the Penal Code.

The regulations also indicate that the following causes ay be taken as cause of Extinction of Domain: goods making up an unjustified increase in assets; goods direct or indirectly produced by an illicit activity; goods corresponding to the material object of the illicit activity; goods arising from the partial or total, physical or legal transformation or conversion of the product, instruments or material which are the object of illicit activities; for instance.