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AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF 

AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ECUADOR FOR 

THE EXCHANGE OF INFORMATION RELATING TO TAXES

The Government of the United States of America (the “United States”) and the 

Government of the Republic of Ecuador (“Ecuador”), desiring to facilitate the 

exchange of information with respect to taxes, have agreed as follows:

ARTICLE 1

Object and Scope of this Agreement

The competent authorities of the Parties shall provide assistance to each other

through exchange of information that is foreseeably relevant to the administration 

and enforcement of the domestic laws of the Parties concerning taxes covered by 

this Agreement. Such information shall include information that is foreseeably 

relevant to the determination, assessment and collection of such taxes, the 

recovery and enforcement of tax claims, or the investigation or prosecution of tax 

matters. Information shall be exchanged in accordance with the provisions of this 

Agreement and shall be treated as confidential in the manner provided in Article 

10 (Confidentiality).

ARTICLE 2

Jurisdiction

A requested Party shall not be obligated to provide information that is neither held 

by its authorities nor in the possession or control of persons who are within its 

territorial jurisdiction. With respect to information held by its authorities or in the 

possession or control of persons who are within its territorial jurisdiction, however, 

the requested Party shall provide information in accordance with this Agreement 

regardless of whether the person to whom the information relates is, or whether 

the information is held by, a resident or national of a Party. 

ARTICLE 3

Taxes Covered

1. This Agreement shall apply to the following taxes imposed by the Parties:

(a) in the case of the United States, all federal taxes; and
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(b) in the case of Ecuador, all taxes administered by the Internal Revenue 

Service (Servicio de Rentas Internas - SRI).

2. This Agreement also shall apply to any identical or substantially similar taxes 

that are imposed after the date of signature of this Agreement in addition to, or in 

place of, the existing taxes. The competent authorities of the Parties shall notify 

each other of any significant changes that have been made in their taxation laws 

or other laws that relate to the application of this Agreement. 

ARTICLE 4

Definitions

1. For the purposes of this Agreement, unless otherwise defined:

(a) the term “Party” means the United States or Ecuador as the context 

requires;

(b) the term “competent authority” means:

(i) in the case of the United States, the Secretary of the Treasury or 

the Secretary’s delegate, and

(ii) in the case of Ecuador, the Director General of the Internal 

Revenue Service (Servicio de Rentas Internas - SRI) or the 

Director General’s delegate;

(c) the term “person” includes an individual, a company and any other body 

of persons;

(d) the term “company” means any body corporate or any entity that is 

treated as a body corporate for tax purposes;

(e) the term “national” of a Party means any individual possessing the 

nationality or citizenship of that Party, and any legal person, partnership or 

association deriving its status as such from the laws in force in that Party; 

(f) the term “publicly traded company” means any company whose principal 

class of shares is listed on a recognized stock exchange if the purchase or 

sale of its listed shares is not implicitly or explicitly restricted to a limited 

group of investors;

(g) the term “principal class of shares” means the class or classes of shares 

representing a majority of the voting power and value of the company;
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(h) the term “recognized stock exchange” means any stock exchange 

agreed upon by the competent authorities of the Parties;

(i) the term “public collective investment fund or scheme” means any pooled 

investment vehicle, irrespective of legal form, if the purchase, sale or 

redemption of the units, shares or other interests in the investment vehicle 

is not implicitly or explicitly restricted to a limited group of investors;

(j) the term “tax” means any tax to which this Agreement applies and does 

not include customs duties;

(k) the term “applicant Party” means the Party requesting information;

(l) the term “requested Party” means the Party requested to provide 

information;

(m) the term “information gathering measures” means laws and 

administrative or judicial procedures that enable a Party to obtain and 

provide the requested information; and

(n) the term “information” means any fact, statement or record in any form 

whatever.

2. For purposes of determining the geographic area within which jurisdiction to 

compel production of information may be exercised:

(a) the term “United States” means the territory of the United States of 

America, including American Samoa, Guam, the Northern Mariana Islands, 

Puerto Rico, the U.S. Virgin Islands and any other U.S. possession or 

territory; and

(b) the term “Ecuador” means the territory of the Republic of Ecuador.

3. As regards the application of this Agreement at any time by a Contracting Party, 

any term not defined therein shall, unless the context otherwise requires or the 

competent authorities agree to a common meaning pursuant to the provisions of 

Article 12 (Mutual Agreement Procedure), have the meaning that it has at that time 

under the law of that Party, any meaning under the applicable tax laws of that Party 

prevailing over a meaning given to the term under other laws of that Party. 
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ARTICLE 5

Exchange of Information Upon Request

1. The competent authority of the requested Party shall provide information for the 

purposes referred to in Article 1 (Object and Scope of this Agreement) upon 

request by the competent authority of the applicant Party. Such information shall 

be exchanged without regard to whether the requested Party needs such 

information for its own tax purposes or whether the conduct being investigated 

would constitute a crime under the laws of the requested Party if such conduct 

occurred in the requested Party.

2. If the information in the possession of the competent authority of the requested 

Party is not sufficient to enable it to comply with the request for information, the 

requested Party shall use all relevant information gathering measures to provide 

the applicant Party with the information requested, notwithstanding that the 

requested Party may not need such information for its own tax purposes. Privileges 

under the laws and practices of the applicant Party shall not apply in the execution 

of a request by the requested Party and the resolution of such matters shall be 

solely the responsibility of the applicant Party.

3. If specifically requested by the competent authority of the applicant Party, the 

competent authority of the requested Party shall, to the extent allowable under its 

domestic laws: 

(a) specify the time and place for the taking of testimony or the production 

of books, papers, records and other data;

(b) place the individual giving testimony or producing books, papers, 

records or other data under oath;

(c) permit the presence of individuals designated by the competent authority 

of the applicant Party as being involved in or affected by execution of the 

request, including an accused, counsel for the accused, individuals charged 

with the administration or enforcement of the domestic laws of the applicant 

Party covered by this Agreement or a commissioner or magistrate for the 

purpose of rendering evidentiary rulings or determining issues of privilege 

under the laws of the applicant Party;

(d) provide individuals permitted to be present with an opportunity to 

question, directly or through the executing authority, the individual giving 

testimony or producing books, papers, records and other data;

(e) secure original and unedited books, papers, records and other data;
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(f) secure or produce true and correct copies of original and unedited books, 

papers, records and other data;

(g) determine the authenticity of books, papers, records and other data 

produced, and provide authenticated copies of original books, papers, 

records and other data;

(h) examine the individual producing books, papers, records and other data 

regarding the purpose for which and the manner in which the item produced 

is or was maintained;

(i) permit the competent authority of the applicant Party to provide written 

questions to which the individual producing books, papers, records and 

other data is to respond regarding the items produced; 

(j) perform any other act not in violation of the laws or at variance with the 

administrative practice of the requested Party; and

(k) certify either that procedures requested by the competent authority of 

the applicant Party were followed or that the procedures requested could 

not be followed, with an explanation of the deviation and the reason 

therefor.

4. Each Party shall ensure that its competent authority, for the purposes specified 

in Article 1 (Object and Scope of this Agreement) of this Agreement, has the 

authority to obtain and provide upon request:

(a) information held by banks, other financial institutions, and any person 

acting in an agency or fiduciary capacity including nominees and trustees; 

and

(b) information regarding the ownership of companies, partnerships, trusts, 

foundations, “Anstalten” and other persons, including, within the constraints 

of Article 2 (Jurisdiction), ownership information on all such persons in an 

ownership chain; in the case of trusts, information on settlors, trustees and 

beneficiaries; and in the case of foundations, information on founders, 

members of the foundation council and beneficiaries. 

Notwithstanding subparagraph 4(b), this Agreement does not create an obligation 

on the Parties to obtain or provide ownership information with respect to publicly 

traded companies or public collective investment funds or schemes unless such 

information can be obtained without giving rise to disproportionate difficulties to the 

requested Party.

5. The competent authority of the applicant Party shall provide the following 

information to the competent authority of the requested Party when making a 

request for information under this Agreement, with the greatest degree of 

specificity possible:
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(a) the identity of the person or ascertainable group or category of persons 

under examination or investigation;

(b) a statement of the information sought, including its nature and the form 

in which the applicant Party wishes to receive the information from the 

requested Party;

(c) the period of time with respect to which the information is requested;

(d) the matter under the applicant Party’s tax law with respect to which the 

information is sought;

(e) grounds for believing that the information requested is foreseeably 

relevant to tax administration or enforcement of the applicant Party with 

respect to the person or group or category of persons identified in 

subparagraph 5(a);

(f) grounds for believing that the information requested is held in the 

requested Party or is in the possession or control of a person within the 

jurisdiction of the requested Party;

(g) to the extent known, the name and address of any person believed to 

be in possession or control of the requested information;

(h) a statement that the request is in conformity with the law and 

administrative practices of the applicant Party, that if the requested 

information was within the jurisdiction of the applicant Party then the 

competent authority of the applicant Party would be able to obtain the 

information under the laws of the applicant Party or in the normal course of 

administrative practice and that it is in conformity with this Agreement; and

(i) a statement that the applicant Party has pursued all means available in 

its own territory to obtain the information, except those that would give rise 

to disproportionate difficulties.

ARTICLE 6

Automatic Exchange of Information

The competent authorities may automatically transmit information to each other for 

the purposes referred to in Article 1 (Object and Scope of this Agreement). The 

competent authorities shall determine the items of information to be exchanged 

pursuant to this Article and the procedures to be used to exchange such items of 

information. 
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ARTICLE 7

Spontaneous Exchange of Information

The competent authority of a Party may spontaneously transmit to the competent 

authority of the other Party information that has come to the attention of the firstmentioned competent authority and that the first-mentioned competent authority 

supposes to be foreseeably relevant to the accomplishment of the purposes 

referred to in Article 1 (Object and Scope of this Agreement). The competent 

authorities shall determine the procedures to be used to exchange such 

information.

ARTICLE 8

Tax Examinations Abroad

1. A Party may allow representatives of the other Party to interview individuals 

and examine records in the territory of the first-mentioned Party with the written 

consent of the persons concerned. The competent authority of the secondmentioned Party shall notify the competent authority of the first-mentioned Party 

of the time and place of the meeting with the individuals concerned.

2. At the request of the competent authority of one Party, the competent authority 

of the other Party may allow representatives of the competent authority of the firstmentioned Party to be present at the appropriate part of a tax examination in the 

second-mentioned Party.

3. If the request referred to in paragraph 2 of this Article is acceded to, the 

competent authority of the Party conducting the examination shall, as soon as 

possible, notify the competent authority of the other Party about the time and place 

of the examination, the authority or official designated to carry out the examination 

and the procedures and conditions required by the first-mentioned Party for the 

conduct of the examination. All decisions with respect to the conduct of the tax 

examination shall be made by the Party conducting the examination.
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ARTICLE 9

Possibility of Declining a Request

1. The requested Party shall not be required to obtain or provide information that 

the applicant Party would not be able to obtain under its own laws for purposes of 

the administration or enforcement of its own tax laws. The competent authority of 

the requested Party may decline to assist where the request is not made in 

conformity with this Agreement. The competent authority of the requested Party 

may decline to assist where the applicant Party has not pursued all means 

available in its own territory to obtain the information, except those that would give

rise to disproportionate difficulties. 

2. The provisions of this Agreement shall not impose on a Party the obligation to 

supply information that would disclose any trade, business, industrial, commercial 

or professional secret or trade process. Notwithstanding the foregoing, information 

of the type referred to in Article 5 (Exchange of Information Upon Request), 

paragraph 4 shall not be treated as such a secret or trade process merely because 

it meets the criteria in that paragraph.

3. The provisions of this Agreement shall not impose on a Party the obligation to 

obtain or provide information that would reveal confidential communications 

between a client and an attorney, solicitor or other admitted legal representative 

where such communications are:

(a) produced for the purposes of seeking or providing legal advice; or

(b) produced for the purposes of use in existing or contemplated legal 

proceedings.

4. The requested Party may decline a request for information if the disclosure of 

the information would be contrary to public policy (ordre public).

5. A request for information shall not be refused on the ground that the tax claim 

giving rise to the request is disputed.

6. A request for information shall not be refused on the ground that the period of 

limitations in the requested party has expired. Instead, the statute of limitations of 

the applicant Party pertaining to the taxes to which the Agreement applies shall 

govern a request for information.
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ARTICLE 10

Confidentiality

Any information received by a Party under this Agreement shall be treated as 

confidential and may be disclosed only to persons or authorities (including courts 

and administrative bodies) in the jurisdiction of the Party concerned with the 

assessment, collection or administration of, the enforcement or prosecution in 

respect of, or the determination of appeals in relation to, the taxes covered by this 

Agreement, or the oversight of such functions. Such persons or authorities shall 

use such information only for such purposes. They may disclose the information 

in public court proceedings or in judicial decisions. The information may not be 

disclosed to any other person, entity, authority or jurisdiction. Notwithstanding the 

foregoing:

(a) where the competent authority of the Party that provided the 

information provides prior, written consent, the information may be 

disclosed for:

(i) counter-terrorism purposes, but only if the information may be 

disclosed for such purposes under the domestic laws of the Party 

that received the information;

(ii) purposes permitted under the provisions of an international 

agreement governing legal assistance in criminal matters that is in 

force between the Parties that allows for the exchange of tax 

information; or

(iii) other purposes, but only when the information may be used 

for the same or similar such purposes under the domestic laws of 

both Parties;

(b) the competent authority of a Party may disclose information not 

relating to a particular person received under this Agreement if it has 

determined, after consultation with the competent authority of the other 

Party, that such disclosure would not impair tax administration (including 

the administration of this Agreement); and

(c) the competent authority of Ecuador may disclose information 

received under this Agreement to persons or authorities in Ecuador 

concerned with the oversight of the assessment, collection or administration 

of, the enforcement or prosecution in respect of, or the determination of 

appeals in relation to, the taxes covered by this Agreement only with the 

written consent of the competent authority of the United States.
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ARTICLE 11

Costs

Unless the competent authorities of the Parties otherwise agree, ordinary costs 

incurred in providing assistance shall be borne by the requested Party and 

extraordinary costs incurred in providing assistance shall be borne by the applicant 

Party. 

ARTICLE 12

Mutual Agreement Procedure

1. Where difficulties or doubts arise between the Parties regarding the 

implementation or interpretation of this Agreement, the competent authorities shall

endeavor to resolve the matter by mutual agreement.

2. The competent authorities may adopt and implement procedures to facilitate 

the implementation of this Agreement.

3. The competent authorities of the Parties may communicate with each other 

directly for purposes of reaching a mutual agreement under this Article.

ARTICLE 13

Mutual Assistance Procedure

The competent authorities of the Parties may agree to exchange technical knowhow, develop new audit techniques, identify new areas of non-compliance and 

jointly study non-compliance areas.

ARTICLE 14

Entry Into Force

This Agreement shall enter into force one month from the date of receipt of 

Ecuador’s written notification to the United States that Ecuador has completed its 

necessary internal procedures for entry into force of this Agreement. The 

provisions of this Agreement shall have effect for requests made on or after the 

date of entry into force, without regard to the taxable period to which the request 

relates. 
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ARTICLE 15

Termination

1. The Agreement shall remain in force until terminated by a Party. 

2. Either Party may terminate the Agreement by giving notice of termination in 

writing to the other Party. Such termination shall become effective on the first day 

of the month following the expiration of a period of six months after the date of the 

notice of termination.

3. If the Agreement is terminated, both Parties shall remain bound by the 

provisions of Article 10 (Confidentiality) with respect to any information obtained 

under the Agreement.

In witness whereof, the undersigned, being duly authorized thereto by their 

respective Governments, have signed this Agreement. 

Done at ________ in duplicate, in the English and Spanish languages, both texts 

being equally authentic, this __ day of ________, 20__.

FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE 

REPUBLIC OF ECUADOR: