That in the Official Gazette 253 of the 12th. of August 1999 it was published the Civil Counter Corruption Commission Law;

That it is necessary to regulate some aspects of the mentioned Law, in order to facilitate its application;
That according to final clause of article 4 of the Law, it must be included in General Regulations, the mechanisms that make possible to spread the names of the candidates before their election, so that any citizen could submit objection and opposition;

That it is indispensable that the General Regulation to the Law be in force before the Electoral Supreme Court proceed to summon electoral colleges, as stated in the First Transient Resolution of the Civic Counter Corruption Commission Law; and,
In exercise of the faculty contained in Final Resolution of the Civic Counter Corruption Commission Law, according to fifth number of Article 171 of the Political Constitution of the Republic.

DECREES:

To issue the following:

GENERAL REGULATIONS OF THE CIVIL COUNTER CORRUPTION COMMISSION
SECTION I
GENERAL RULES

Article 1. Nature. The Civic Counter Corruption Commission is an organization of control. It is a legal person of public law. It has autonomy and economic, political and administrative independence. It acts in representation of the citizenship. It has its headquarters in Quito and will be able to constitute delegations in the provinces and districts that are deemed convenient, according to literal c) of Article 28 of this Regulation.

Article 2. Competence. The Civic Counter Corruption Commission is competent to prevent and investigate acts of corruption.

Article 3. Definitions. These regulations will use the following terms:
- Act of corruption. Every offense perpetrated by a public official, eventually with the participation of a particular individual, which consists of the abusive exercise of the public power aimed at illicitly favoring interests.

In addition and according to second clause of article 2 of the Civic Counter Corruption Commission Law, it is also considered as an act of corruption every defraudation to the financial system.

- Public official. Any official or employee of the State or its agencies, including those who have been selected, appointed or elected to perform activities or functions in the name of the State or in the service of the State, in all their hierarchic levels or areas of power, who perform any temporary or permanent, paid or honorary activity, performed by a natural person in the name of the State or in the service of the State or its institutions, at any level of its hierarchy.

- State Institution. Any organization recognized as such according to Article 118 of the Political Constitution of the Republic. It also includes those institutions in which the private sector participates as a partner, according to Article 2, second paragraph, of the Civic Counter Corruption Commission Law.

- Prevention. The set of strategies, plans and activities aimed at promoting cultural change, institutional, legal processes, etc., capable of stopping corruption phenomenon in the country, processes whose dynamic shaft constitutes the society itself (political and civil).

- Investigation. It is the analysis and evaluation process of complaint and data related to presumed acts of corruption; requirement and preliminary information summary; specific planning; obtain sufficient and relevant conviction elements; conclusions; and communication of results through the corresponding reports.

TITLE II
COMMISSIONERS APPOINTMENT
Chapter I

Integration of Associations - Assigners

Article 4. Assigner Entities. Members of the Commission will be nominated by electoral colleges duly certified by each one of the following entities:

1. The National Universities Council and Polythecnic Schools;

2. Legally recognized professional unions, representing each sector at a national level;

3. The Ecuadorian Newspaper Publishers Association, Television Channel Association, Radio Broadcasting Association and National Journalist Federation;

4. The National Federations of the Chambers of Production;

5. Central Unions and Indigenous, Afroecuadorian and Peasants organizations, at a national level, and legally recognized;

6. National Women Organizations, legally recognized; and,

7. Human Rights Organizations and Consumer Defense, legally recognized.

Article 5. Summons to entities. When one or several members of the Commission are going to be appointed, the Electoral Supreme Court will call the entities to integrate the respective Assigners' Associations so that they request their registration.

Such call will be published in two of the most important newspapers of the country and will have contain the exact indication of the characteristics of summoned entities, period and requirements for their registration.

Note: Article reformed by Executive Decree No. 1384, published in Official Gazette 308 of the 28th. of October 1999.

Article 6. Registration. Within the five subsequent business days on the following day of the date of the summons, the Electoral Supreme Court will receive the corresponding registrations from the entities called to participate in the assignment process as well the persons that will represent them in said process.

Article 7. Requirements for registration. In order to fulfill the respective requirements, the entities in charge of assignment will have to comply with the following requirements:

a. Show that the entity is a legal person;

b. Crediting the person that will represent the entity before the electoral college;

c. Designation of domicile in which notices will be received;

d. Checking the fact that its legally recognized institutional object is adapted to the requirements established by Law for the various entities, according to the case; and,

e. Demonstration of the national coverage of the entity, in the case of the electoral colleges indicated in numerals 2, 4, 5 and 6 of Article 4 of Civic Counter Corruption Commission Law.

Article 8. Extraordinary Term. Once the term for registration expires, subject to the interested party's request, the Court will concede three business days so that the entities complete the requirements listed in the previous article.

Article 9. Publication and opposition. Once the term established in the two preceding articles has been fulfilled, according to the case, the Electoral Supreme Court, within the term of two days will publish in two of the most important newspapers of the country the name of each entity with its respective representative and the Assigner about which the registration has been requested.
In this publication it will be necessary to state that within three business days counted as of the last publication, the Electoral Supreme Court will receive objections with respect to the entities that would have requested its registration and/or involved persons who represent to such entities before the respective Assigner.

Article 10. Notice and plea. On the following day that the term for objections has expired, the Electoral Supreme Court will notify about them to the entities and/or involved persons, giving them three business days to present their plea before the Court.

Article 11. Registration of entities. After the term indicated in the preceding article has expired, the Electoral Supreme Court will have four business days to solve on the integration of each Association, by means of determination of entities and representatives legally registered for the Commission members assignment.

This resolution will be immediately notified to the parties.

Article 12. Prohibition of multi-representation. Under no circumstance, the same entity can be found registered in two Assigner Association. In case of getting more than two registration requests on the part of the same entity, it will be excluded from the assignment process.


Chapter II
Of the election process

Article 13. Call to Assigner Associations. Once the Association is integrated, the Electoral Supreme Court will summon them, with thirty days of anticipation so that they proceed to accomplish the assignments. Such calls will accurately indicate place, day and time for it.

Article 14. Presentation of candidatures. Legal Associations by means of representatives duly registered, will present candidates within the five business days counted as of the notice established in Article 11 of this Regulation.

Article 15. Requirements for application. In order to be proposed as candidate by anyone of Assigners, applicant will need to fulfill the requirements:

a. Be Ecuadorian and older than thirty years old. These facts will be duly demonstrated by means of public documents provided by the Civil Registration Office.

b. Not to have legal impediment to exercise public duties. This will be demonstrated through a sworn statement submitted before a Public Notary in which the candidate declares not to have any impediment to exercise public duties.

c. Enjoy recognized honesty and rectitude; and,

d. Not to exercise duties in parties, movements or political organizations. In order to justify the absence of these impediments, he/she will submit a certification of the Electoral Supreme Court in that sense, as well as a sworn statement similar to that one stated in literal b of this article;

e. Not to exercise executive functions or show the quality of leader of the entities called to form part of respective Assigners. The demonstration of such circumstance will have to be demonstrated by means of documents or certifications, without prejudice of the presentation of a statement sworn in which it is indicated not only the aforementioned impediments but also the type of relationship that the candidate maintains with the entities in connection with the fact under discussion in the moment the appointment is made; and,

f. Sworn statement rendered by the candidate, stated that the documentation submitted is authentic.

Article 16. Extraordinary Term. Once the term to submit candidacies has expired, under party's request, the Electoral Supreme Court will give three business days so that the entities complete the aforementioned requirements.

Article 17. Publication and objections. Within the two following days after the terms indicated in articles 14 and 16 of this Regulations have expired, the names of the candidates will be published in two of the most important newspapers of the country
with the only indication of the fact that all Ecuadorian citizens will be able to present to the Electoral Supreme Court, within five business days counted as of the last publication, evident objections with respect to such candidacies.

Article 18. Notice and plea. On the following day after the term to present objections has finished, the Electoral Supreme Court will notify on it to the involved entities, giving three business days to present a plea before the Court.

Article 19. Commitment of the candidatures. Once the term indicated in the previous article expires, the Court will call to the Assigners' Associations for a meeting in which the legal suitability of the candidates will be solved, based on claims and pleas presented.

The mentioned call will contain place, day and exact time of the meeting.

Said meeting will have to be installed on or before two days after the term established in the previous article expires and will finish with the preparation of a list of candidates legally capable of being appointed as members of the Civic Counter Corruption Commission.

Article 20. Appointments. In the day, time and place given in the summons mentioned in article 13 of this Regulation, the respective Assigners' Associations will proceed to appoint among the list of candidates mentioned in the article 19 ibidem, the corresponding principal and substituting members of the Commission.

Article 21. Assigners' Associations Meetings. All the Assigners' Associations meetings will be duly called and presided by an Electoral Supreme Court representative.

Article 22. Explanation. Every resolution adopted by the Electoral Supreme Court or the Assigners' Associations within the framework of procedures to appoint members of the Civic Counter Corruption Commission will have to be sufficiently explained.

Article 23. First Assigner. Once the entities mentioned in numerals 2, 3, 4, 5, 6 and 7 of the Law are duly registered, the National Universities and Polythecnic Schools Council will proceed, when applicable, in the form described in this Chapter.

Once the appointment referred to in Article 20 of this Regulation is made, the President of the National Universities and Polytechnic Schools Council will send to the Electoral Supreme Court a duly certified copy of the referring Council resolution in connection with the corresponding alternate and principal members appointment.

Article 24. Notice of appointment. Once the Electoral Supreme Court has received both the assigners appointment and the communication of the CONUEP, it will inform the Civic Counter Corruption Commission of such appointments.

Article 25. Possession. Within the following forty and eight hours of the notice, the Civic Counter Corruption Commission Joint Session will proceed to give possession of the assigned members.


TITLE III
OF THE POWERS OF THE COMMISSION

Article 26. Prevention. The Civic Counter Corruption Commission will have the following powers related to acts of corruption prevention:

a. Formulate programs and lead campaigns against corruption, as well as preparation of a national prevention plan that will be informed to the top State authorities. The plan will be presented until one hundred twenty days after the Commission would have started its activities. It will contain policies, objectives, programs and actions, aimed at complying this purpose;

b. Promote the citizenship participation and organization for the creation of legality and honesty culture;

c. Based on the above, the Commission will promote the conformation of a Citizen network to struggle Corruption, with the participation of institutions and persons interested in carrying out prevention activities and control of corruption practices, such as promotion of values practice and alertness of public management. Institutions and persons participating in this network will be registered in the Civic Counter Corruption Commission.

d. The Citizen network to struggle Corruption , with the coordination of the Civic Counter Corruption Commission will become constitute a suitable mechanism for the design, formulation, execution and evaluation of plans, programs and projects related to the citizen struggle to corruption.
The organization and performance of this Network will be guided by informality and efficiency principles as well as avoiding to become self-centered;

e. Certify citizen, advisory and watcher commissions, in aspects that they will be of interest for the Commission; and,

f. The other granted by the Political Constitution of the Republic, and relevant regulatory and legal procedures.

Article 27. Investigation. The Civic Counter Corruption Commission will have the following powers related to the investigation of acts of corruption:

a. Receive and qualify accusations on supposed acts as corruption that would be presented to them;

b. Receive and qualify claims on supposed acts as corruption that they would be presented to them for their knowledge;

c. Know and investigate corruption claims that may have been presented and legally proceed before enough data is gathered to presume corruption;

d. Request reports or documents to any public or private institution, or natural persons in order to verify the bases of cases under investigation; verify and pronounce on situations that imply conflicts of interest or improper utilization of privileged information, as well as accession with the same purposes to any file or information of any public office.

Authorities, public officials, or required managing will have to supply information in a term of twenty days. Every verification or inspection will have to be fulfilled by facts and documents related to the cases under investigation.

For authorities, required managing or public officials banking account examination, as well as credit cards or other documents related to operations of the financial system, the Commission will send their requests to the Superintendent of Banks; in the case of instruments related to Market Value Law, to that official or to the Superintendent of Companies. In any circumstance, the mentioned authorities will have to satisfactorily answer the above-mentioned requests.

Any public official who refuses or does not fulfill with this mandate will be ceased in his/her position by special order given by respective authority. It will be taken an immediate action, after the Civic Counter Control Commission has informed on such contempt;

e. Receive extra-processal statements of persons who would have been aware of some act of corruption or that would have presumably participated on it;
f. Grant to the persons who spontaneously collaborate with the Commission in the clarification of the facts, legal protection for their personal safety through relevant authorities;

g. Send, when the cases merit it, final reports of the investigation processes to both the General State Controllership and to the Public Ministry, who will process such Commission reports, according to the Law;

Supposing the Commission considers that the facts to her denounced are not framed within its area of competence, claim will be transferred to the competent authorities, according to the cases.
Competent authority will inform the Commission on actions taken as a consequence of complaints and/or, as necessary.

The Civic Counter Corruption Commission will do corresponding follow-up of the complaints and/or final reports that would have been transmitted to various public authorities;
h. Request the competent administrative authorities, in merit to investigations, the corresponding sanctions;

Competent authority will inform the Commission on actions taken as a consequence of the above mentioned requests;

i. Designate experts, and commission in writing to specialized outsiders so that on its behalf and representation investigations be carried out, whose results will be put in exclusive knowledge of the Commission;

j. Order that members of the public force render in a timely manner a strict protection to the members of the Commission or the respective delegates, only by means of a verbal request and official identification, without being necessary the authorization or any order from a hierarchic superior. In the event of the fact that a member of the public force would not fulfil that duty, such disrespect would be informed to the competent official so that he/she imposes the respective sanction, and report of it to the Commission; and,

k. The others granted by the Political Constitution of the Republic, and the relevant regulatory and legal procedures.
l. The exercise of duties and powers legally ascribed to the Civic Counter Corruption Commission will
not constitute violation of the secrecy duty instituted in literal b), Article 8, of the Institution Law.
Article 28. Administration. The Civic Counter Corruption Commission will have the following powers related to administration of the entity:
a. Know, approve and evaluate the administrative plan, and the annual budgetary proforma prepared by the Executive Director;

b. Issue Functional Organizational Regulations of the Commission, and others that would be deemed necessary for its organization and operation;

c. Create delegations in the provinces and districts that are considered convenient by the Joint Session, same that will be leaded by a delegate, who will structurally depend on the Executive Directorate. For the creation of district delegations, it will be necessary that the population reaches at least two percent of the national population; and,

d. Others granted by the Political Constitution of the Republic and relevant regulatory and legal procedures.
For the complete fulfillment of its powers, the Civil Counter Corruption Commission Joint Session will gather, at least, twice a week.


TRANSITORY DISPOSITION


FIRST. The Electoral Supreme Court, according to the First Transient Arrangement of the Civic Counter Corruption Commission Law, within the sixty subsequent days, counted as of the force of the referred Law, will proceed to accomplish the summons established in Article 13 of this Regulation and will proceed to summon according to procedures stated in Chapter II of Title II of this Regulation. Consequently, before such summons are carried out, the Court will fulfill the Regulations stated in Chapter I of the same Title.


FINAL DISPOSITION


The present Decree will entry in force on the date of the promulgation of this instrument in the Official Gazette.

* October 11, 1999 was the date in which it entered in force.