Ministry of Economic Development unifies the sanctioning procedure in a single regulation

The Ministry of Economic and Productive Development (MDEP) issued the Regulation for the Application of the Administrative Sanctioning Procedure, a unique instrument that unifies the processing of infractions in fishing, agriculture, production, tourism, foreign trade, and investments. The regulation was signed on August 29, 2026, by Minister Sariha Belén Moya Angulo and published in the Official Registry No. 367, Year II, on Friday, September 11, 2026, page 3, through Ministerial Agreement MDEP-MDEP-2026-0023-A.

The regulation responds to the merger by absorption ordered by Executive Decree No. 425 of June 18, 2026, which integrated the Ministry of Production, Foreign Trade and Investments and the Ministry of Agriculture, Livestock and Fisheries into the then Ministry of Economy and Finance, an entity that adopted the definitive name of Ministry of Economic and Productive Development. Until now, each absorbed portfolio processed its sanctions with dissimilar organization and delegation schemes, which prompted standardization under a single regulatory body, in strict adherence to the Organic Administrative Code (COA).

Separation of functions and competencies

The regulation enshrines the principle of separation between the instructing and sanctioning functions provided for in Article 248 of the COA, such that the person who instructs does not resolve. The distribution of competencies is as follows:

• The technical area, at the Directorate level, requests the initiation of the procedure through a technical report.
• The Institutional Advisory Directorate of the corresponding vice-ministry substantiates and instructs.
• The Undersecretary of the technical unit resolves in the first administrative instance.
• The corresponding Vice-Minister hears the appeal.
• The Minister of Economic and Productive Development resolves the extraordinary resource for review, substantiated by the General Coordination of Legal Advice.

The regulation applies to central units and the decentralized operational entities declared by Agreement MDEP-MDEP-2026-0018-A of August 1, 2026: the vice-ministries of Production, Industries and Tourism; Foreign Trade and Investments; Agricultural Production and Rural Development; and Aquaculture and Fisheries. Disciplinary procedures for human talent and coercive procedures are excluded.

Procedure deadlines

The regulation sets precise terms for each stage, in line with the COA:

• Preliminary proceedings: the alleged infringer has 10 days to state their position, extendable by up to 5 additional days.
• Expiration: the initiation act must be notified within 6 months from when the preliminary proceedings were ordered.
• Initiation: the instructing body qualifies the appropriateness and issues the initiation act within 10 days.
• Response: 10 days from notification to present arguments and announce evidence.
• Evidence: a period of up to 30 days.
• Resolution: one month from the receipt of the file, extendable up to 2 months in cases of special complexity.
• Appeal: 10 days from the notification of the resolution.

Provisional protection measures must be confirmed, modified, or lifted within 10 days of their adoption, and in no case may they violate constitutional rights or cause damage that is difficult to repair.

Validity and Scope

The regulation comes into effect from its signing on August 29, 2026, without prejudice to its publication in the Official Registry. Pending procedures will continue under the rules in force at their start, although provisions that favor the alleged infringer will be applied immediately, in accordance with the principle of non-retroactivity of Article 30 of the COA. References to absorbed ministries in sectoral regulations shall be understood as references to the MDEP.

The unification provides legal certainty, predictability, and coherence to the actions of the portfolio’s technical units, and affects all operators regulated by the MDEP, who now have a single framework, clear deadlines, and reinforced guarantees of due process in administrative sanctioning proceedings.

Source: Official Registry of Ecuador, No. 367, September 11, 2026, Executive Branch, p. 3 (official reference: Ministerial Agreement MDEP-MDEP-2026-0023-A).