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Law General Of Those Services Postal

Original Language Title: Ley General de los Servicios Postales

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LEGISLAND FUNCTION

NATIONAL ASSEMBLY:

LAW:

-General Law of Postcard Services ................... 2

FUNCTION EJECUTIV A

AGREEMENT:

VICE PRESIDENCY OF THE REPUBLIC:

005-2015 Conform the Document and Document Management Commission ................................................................. 14

RESOLUTIONS:

OUTER TRADE COMMITTEE:

35-2015 Proroguese up to 31 December 2015, the deadline laid down in Article 3 (f) (f) of Article 3 of Resolution 016-2015 of the COMEX plenary session, adopted on 8 April 2015 and published in the Register Ofi cial Supplement No. 483 of 20 April 2015 ...................................... 16

037-2015 Reform the National Import Arancel 17

038-2015 Reform tariff subheading 5903.10.00 "With poly (chlorur or vinyl)" contained in Annex 1 of the Resolution of COMEX No 59 of 17 May 2012 ................................................. 19

JUDICIAL FUNCTION AND INDIGENOUS JUSTICE

COUNCIL OF THE JUDICIARY:

245-2015 Reform the Annex to Resolution 208-2015, of 24 July 2015, by which the Plenary of the Council of the Judiciary resolved: "Name National Judges and Judges" ........................... 20

246-2015 Name judges and judges nationally ....... 22

Year III-Nº 603

Quito, Wednesday 7

October 2015

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ING. HUGO DEL POZO BARREZUETA

DIRECTOR

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SUPPLEMENT

2- Wednesday 7 October 2015 Supplement-Ofi cial Registration No. 603

Pags.

249-2015 Reform Resolution 092-2015 of 29 April 2015 ......................................... 23

250-2015 Reform Resolution 093-2015 of 29 April 2015 ......................................... 26

257-2015 Name judges in the province of Chimborazo ............................................... 28

258-2015 Approve the reports technicians and appoint notaries in the provinces of Azuay and Pichincha ............. 30

263-2015 Grant appointments The following are the provisions of the law of the Court of Justice of the European Union

..................................................... 39

265-2015 Approve the technical report and appoint alternate notaries in the province of Morona Santiago ................ 41

REPUBLIC OF ECUADOR ASSEMBLY NATIONAL

Ofi cio No. SAN-2015 -1660

Quito, 25 September 2015

Engineer Hugo Del Pozo Barrezueta Dir ector Of The Ofi cial Register In his office.-

Of my considerations:

The National Assembly, in accordance with the He also said that he was confident that the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the BILL OF GENERAL LAW OF THE POSTAL SERVICES.

In session of 24 September 2015, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.

Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied by the text of the GENERAL LAW OF THE POSTAL SERVICES. to be published in the Ofi cial Register.

Carefully,

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

CERTIFICATION

In my capacity as General Secretariat of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "PROJECT OR GENERAL LAW OF THE PUBLIC SERVICES" , in the first debate on 3 February 2015, in the second debate on 28 July 2015 and gave a statement on the partial objection of the Constitutional President of the Republic September 24, 2015.

Quito, 25 September 2015.

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

THE PLENO

CONSIDERING

What, article 16 numeral 1 of the Constitution of the Republic of Ecuador provides that everyone has the right to free, intercultural, inclusive, diverse and participatory communication in all areas of social interaction, by any means and form, in their own language and with their own symbols;

What, Article 17 numeral 2 of the Constitution of the Republic of Ecuador establishes that the State facilitate the creation and strengthening of public, private and Community media, as well as universal access to information and communication technologies, in particular for persons and communities without such access. access to or have limited access;

What, the Constitution of the Republic, in its article 84, provides for the regulatory guarantee and provides that both the National Assembly and any body with regulatory authority has the obligation to adapt, formally and materially, the laws and other legal provisions to the rights provided for in the Constitution and international treaties and those necessary to guarantee the dignity of the human being or of the communities, peoples and nationalities;

What, article 313 of the Constitution of the Republic of Ecuador reserves the right to administer, regulate, control and manage strategic sectors, in accordance with the principles of environmental sustainability, precaution, prevention and science. The strategic, decision-making and exclusive control sectors of the State are those which, by virtue of their importance and magnitude, have a decisive economic, social, political or environmental influence and must be oriented to the full development of rights and social interest. Energy in all its forms, telecommunications, non-renewable natural resources, transport and energy, biodiversity and genetic heritage, the radio spectrum, are considered to be strategic sectors. the water and the other that determines the law;

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What, the second paragraph of Article 314 of the Constitution of the Republic of Ecuador states that the State shall ensure that public services and their The provision responds to the principles of compulsory, generality, uniformity, science, responsibility, universality, accessibility, regularity, continuity and quality. The State will provide that the prices and rates of public services are equitable and will establish its control and regulation;

What, article 326 numeral 15 of the Constitution of the Republic of Ecuador determines that the Public health and environmental sanitation, education, justice, fire, social security, electrical energy, drinking water and sewage, oil production, processing, transportation and distribution fuels, public transportation, postal services and telecommunications. The law will establish limits to ensure the functioning of such services;

What, Articles 12 and 19 of the United Nations Universal Declaration of Human Rights enshrines the protection of shipments of correspondence and freedom of opinion and expression by any means; and,

What, the Ecuadorian Government, as a subscriber to the Universal Postal Convention, has agreed on the responsibility to establish and adequately guarantee the Service Universal Postal Service (SPU) raticated in the minutes of Geneva 2008.

In the exercise of the privileges that I confi on the numeral 6 of article 120 and article 132 of the Constitution of the Republic of Ecuador, it issues the following:

GENERAL LAW OF THE PUBLIC SERVICES

CHAPTER I

PRELIMINARY Provisions

Article 1.-Object. This Law is intended to regulate and control the administration and management of postal services to ensure the right of users to the benefit tient, timely and secure of these services.

Postal services are considered services of general interest and are managed, regulated and controlled by the State, in accordance with the provisions of this Law.

It is considered only the Universal Postal Service (SPU) as a public service.

Article 2.-Scope. This Law will apply to all postal operators, that is to all natural or legal persons, national or foreign, private or public, that perform one or more of the processes that make up the postal service, including the logistics postal service in a direct or indirect way at the local, national or international level, as well as the relationships that are generated between them and their users.

It will also apply, as appropriate, to natural persons or legal, national or foreign, private or public, other than postal operators who have relationship to postal activities.

Article 3.-Principles. The Universal Postal Service (SPU) responds to all the principles enshrined in the Constitution of the Republic with respect to public services and to the provisions of the international conventions that have been signed in Ecuador.

postal services will be provided in accordance with the principles of permanence, security, affordability and science.

Article 4.-Secret and inviolability. The obligation of the secret of postal items protects the content and its disclosure, which implies the absolute prohibition for postal operators to provide relative data to the existence or content of the consignment or postal object, to its class, to its external circumstances and characteristics, to the identity of the sender and of the consignee or to its addresses, unless the latter's request, legal representatives or proxies or by judicial authorization, in accordance with the law. The inviolability is the duty of the security in the custody and management of the postal items.

It is understood by violation of the postal shipments to the arbitrary and illegal retention, dolous detour, opening, subtraction, destruction, retention or concealment, as well as to inquire or to know its contents without getting to open them or, in general, any act of infi dency in their custody. Cases that are expressly established in this Law or other national or international provisions shall not constitute a violation.

Article 5.-Exceptions. The obligation of secrecy and inviolability will have the following exceptions:

1. Postal items may only be withheld, opened, intercepted and examined by a court order and when the respective authorities intervene within the scope of their jurisdiction, in accordance with the Constitution and the law.

2. Where it is presumed that the postal items at the time of being verifi contain war material, explosives or any other object or material which may be used in acts of terrorism, scheduled substances subject to scalisation, pornography children, live animals, except those considered for scientific research, protected fl and fauna, money and precious or other objects of a similar nature and which are prohibited from being transported. In such cases, the postal operator must give notice to the competent authority that the procedure determined in the current legal order applies.

Article 6.-Defi ntions. For the purposes of this Act, the following statements will apply:

Postal box.- Receipt, box or similar installed in a postal item to receive the mail intended for a customer.

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Cecogram.- A mail order containing the writing used by people with no vision, sound recordings and/or paper special intended exclusively for the use of visually impaired persons and admitted under the conditions laid down in the laws.

Ecuadorian Postal Code.- Numerical allocation attributed to different areas or places of the country, attached to the address, which serves to facilitate and mechanize the classification and distribution of postal items or objects in the national territory.

Postal Operation Permit.- Administrative act whereby the State allows a natural or legal person, public or private, national or foreign, after the compliance with the required requirements, the provision of postal services in a given geographical area and for an established time limit.

Postal shipment.- Correspondence, package, object or postal order that is transferred from a sender to a recipient through a postal network.

Postal shipment with declared value.- Shipment postal content that is declared and therefore insured in the event of loss, theft, theft, removal, or breakdown.

Franking.- This is one of the forms of payment of postal services fees to the designated postal operator.

Gir o postal.- Issuance of money through postal operators through bookings in favor of a given financial benefit, service that is used for the situation of funds or for the settlement of postal items with reimbursement.

Accelerated messaging or courier.- Postal service that gives solutions related to the Logistics chain, correspondence and cargo shipments by air, land transport or other mode and which may include security services, transport and customs management, among others.

Postal operators.- Natural person or legal, public or private, national or foreign, which has permission from the Postal Control and Regulatory Agency to provide postal services.

User.- Natural or legal person, private or public, national or foreign, which uses the postal service as the sender or recipient.

General record of operators of postal services.- A public register which will contain information from postal operators concerning the services they provide, cover, infrastructure and other information related to their activity, in accordance with the regulations to be determined by the Postal Regulatory and Control Agency.

Logistics postal service.- Integrated solution for large clients that need to send objects that need a postal treatment, involving a value chain added from the movement of shipments between

the same client or between the

System of the Ecuadorian Postal Code.-

set of interrelated legal, technical and technological components that allow the administration of the Postal Code. Ecuador.

Universal Postal Union (UPU).- A specialized agency of the United Nations Organization that meets the advisory, mediation and liaison function and provides technical assistance in postal matters.

II

INSTITUTIONAL REGIME

Article 7.-Rectory the sector and its powers. To the Ministry of the postal sector it is up to him to establish and evaluate policies, guidelines and plans applicable in accordance with the provisions of this Law and its General Regulation. The Ministry of the Rector in the field of postal services has the following attributions:

1. Formulate, orient, coordinate and evaluate public policies and plans for the promotion and development of the postal service.

2. Approve the Universal Postal Service (SPU) Implementation Plan and the Annual Postcard Emissions Plan.

3. Promote, in coordination with public or private institutions, scientific and technological research in the benefit of postal services, as well as the strengthening of electronic commerce in postal matters, in accordance with the

4. Willing by the governing body of science, technology and innovation.

4. Exercise the representation of Ecuador to international organizations in the sector, in coordination with the Agency for Regulatory and Postal Control and the designated postal operator.

5. The others established in the laws and other current rules.

Article 8.-Of the Agency for Postal Regulation and Control. Create the Agency for Postal Regulation and Control, as a specialized technical-administrative agency and deconcentrated, assigned to the Ministry of the postal sector, with legal personality of public law, administrative autonomy, technical, economic, financial and own patrimony.

The Agency for Regulation and Postal Control is the entity responsible for regulating and controlling postal operators, as well as for ensuring the compliance with the policies and guidelines issued by the Ministry of Postal Services.

To make effective the constitutional principle of the public administration, the Agency for Regulatory and Postal Control implement agile

procedures

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Notifi cation and declaration by the administered and subsequent control mechanisms (ex post).

The Agency for Postal Regulation and Control will have a Directory and a Director or Executive Director.

Article 9.-Privileges of the Postal Control and Regulatory Agency. They are the privileges of the Postal Control and Regulatory Agency:

1. Run, within the framework of their competencies, the public policies and postal guidelines issued by the Ministry of the Rector.

2. Regular and control postal services, in accordance with this Law and international regulations.

3. Issue technical standards related to the provision of the postal service, in accordance with this Law and international regulations.

4. Participate, in coordination with the Ministry of Rector, with the international organizations related to the postal sector as a specialized technical agency.

5. Grant, renew, cancel or deny the Postal Operation Permit, the Universal Postal Service Operation Authorization and the Universal Postal Service Operation Concession and collect the securities corresponding to these titles enablers.

6. Manage the General Registry of Postal Service Operators.

7. Manage and control the Ecuadorian Postal Code System.

8. Set, in accordance with this Law, the tariff regimes for the provision of the Universal Postal Service and for the provision of the postal service.

9. Set the default compensation scheme for postal operators.

10. Approve and certify the specialized equipment for the delivery of the postal services to be used by the operators.

11. Monitor and evaluate the Ecuadorian postal sector, through the measurement of compliance with the objectives and goals established.

12. Ensure the protection of users ' rights in postal matters.

13. Control compliance with the Universal Postal Service Implementation Plan.

14. Control the execution of the Annual Postcard Emissions Plan.

15. Encourage the establishment of tariff exemption and the establishment of specialized services for

the parcel that contains household goods that the Ecuadorian people abroad send to their relatives in Ecuador.

16. Inspect postal service operators. Officials in charge of the postal inspection of the Agency for Postal Regulation and Control may, in the exercise of their duties, request the support of the Public Force.

17. Know and administratively resolve claims and complaints related to postal services users and operators.

18. Judge and sanction postal operators who fail to comply with this Law and other applicable regulations.

19. Exercise the coercive jurisdiction to collect the securities owed to it, including the collection of fines, in accordance with the Law.

20. The others established by international laws, regulations, conventions, and agreements.

Article 10.-The Directory. The Postal Control and Regulatory Agency will have an integrated Directory as follows:

1. The minister of the postal sector's governing body or its permanent delegate, who will preside over it and will have a vote.

2. The minister of the transport governing body or its permanent delegate.

3. The Minister of the foreign trade governing body or his permanent delegate.

To the Board sessions will be attended by the Executive Director of the Agency for Regulatory and Postal Control, who will act as Secretary, with voice but without

All relative to the functioning of the Directory will be regulated in the regulations that issue for the effect said organ.

Article 11.-Privileges of the Directory. They are attributions of the Directory of the Agency of Regulation and Postal Control:

1. Designate the Director or Executive Director of the Postal Regulatory and Control Agency of a third party to present the Chairman of the Board.

2. Approve the Postal Control and Regulatory Agency's Postal Control and Regulatory Plan.

3. Review and modify, where applicable, the regulations issued by the Director.

4. Monitor and control the management of the Executive Director (a) and remove it from being the case.

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5. Approve the functional organic status, strategic plan, investment plan, annual budget and other plans for its operation.

6. Set strategic guidelines for industry regulation and control.

7. The others found in this Law and in the current legal order.

Article 12.-From the Director or the Executive Director. The Executive Director is a charge of free appointment and removal and will be appointed by the Board. To be appointed Executive Director of the Agency, it will be required:

1. Have a third-level title.

2. Accredit knowledge and professional experience of at least five years in similar activities or to the postal service.

3. Do not have professional, employment, social or economic links in regulated entities controlled by the Agency. This prohibition extends to their legally recognized spouse or living or relatives up to the fourth degree of consanguinity or second degree of law.

Article 13.-Powers of the Director or the Executive Director. Duties of the Director or Executive Director of the Postal Control and Regulatory Agency:

1. Exercise the administration and legal, judicial and extrajudicial representation of the Postal Regulatory and Control Agency.

2. Comply and enforce policies and guidelines issued by the industry's governing ministry and board resolutions.

3. Participate in the international organizations related to the postal sector as a specialized technical agency.

4. Contribute to the international postal sector organizations from which the country is a member.

5. Issue regulations, technical standards and manuals for the regulation, control and development of postal service delivery.

6. Set and collect the values for economic rights in which administrative fees are included for the granting and administration of postal operation permits and concessions for the Universal Postal Service (SPU) operation. These charges will not apply in the case of legal persons governed by public law.

7. Set the rate regime for the provision of the Universal Postal Service (SPU). It will also provide for tariff regimes for the provision of postal services where there are no competitive conditions.

8. Grant, renew, cancel or deny postal operation permissions and authorizations and concessions for the Universal Postal Service (SPU) operation.

9. Set the default compensation scheme for postal operators.

10. Manage and control the General Registry of Postal Service Operators and the application of the Ecuadorian Postal Code System.

11. Monitor and evaluate the Ecuadorian postal sector, through the measurement of compliance with the objectives and goals established.

12. Control compliance with the Universal Postal Service Implementation Plan and the execution of the Annual Postcard Emissions Plan.

13. Know and resolve in the second instance the appeals filed against the acts issued by the competent organ of the Postal Control and Regulatory Agency.

14. Exercise coactive jurisdiction in accordance with the law.

15. Present to the Board, for approval, the functional organic status, the strategic plan, the investment plan, the annual budget and other plans for its operation.

16. Issue internal regulations and administrative acts for the operation of the Agency.

17. Manage international cooperation for the financing of the Agency and present to the Board the annual report of work and financial management.

18. Exercise, directly or through the respective unit, technical control to ensure the correct application of industry regulations.

19. Inspect, directly or through the respective unit, the postal service operators.

20. Control compliance with the Agency's Postal Control and Regulatory Plan.

21. Receive denunciations, either directly or through the respective unit.

22. To know and to resolve the appeals filed against acts issued by the competent body of the Agency, within the sanctioning procedure.

23. Other than those contained in this Law and in the legal order in force.

The administrative acts which the Executive Director or the Executive Director may issue may be challenged only before the same body. administrative.

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Article 14.-Financing of the Postal Control and Regulatory Agency. The Postal Control and Regulatory Agency will be funded by the revenue received by:

1. State General Budget allocations.

2. Non-refundable international cooperation granted by government and non-governmental agencies.

CHAPTER III

POSTAL SERVICES AND THEIR TITLES ENABLED BEFORE

Article 15.-Postal Services. It consists in the development of one or more of the processes of admission, class c on, distribution and delivery of postal shipments within the national territory and from or to the outside. The following are postal services:

1. Admission.- is the receipt of miscellaneous letters, parcels, and postal items that users request from postal operators to transport and deliver to a specific recipient.

2. Classi cation.-is the ordering of the postal matter according to its destination.

3. Distribution.- is the phase of the Postal Service that comprises the set of operations that are aimed at the delivery of the postal items.

4. Delivery.- is the action of getting the recipient, the shipping or the postal item from the authorized or licensed operator using any means.

Article 16.-Classification of the postal services.

. Universal Postal Service (SPU).- It is a postal service, considered a public service, consisting of the obligation to provide a set of postal services provided permanently, of quality and at affordable rates with coverage throughout the national territory, allowing users to send and receive postal items from and to any part of the world. This set of services will be supported by the Postal Regulatory and Control Agency and will be included in the SPU Implementation Plan.

2. Postal services not included in the Universal Postal Service (SPU).- They are the postal services different from the Universal Postal Service (SPU) offered by public or private postal operators, within a free competition regime, due to the to its particular characteristics of specialty, times, aggregated values, shipments with delivery data, progress reports, georereferencing, prices, rates and other characteristics of similar nature. These services include accelerated messaging or courier, postal orders delivered by air,

land, sea or road transport and shipments of shipments through land transport companies and everything related to electronic commerce in postal matters.

3. The other postal services determined in the international conventions duly signed by Ecuador or those to which it is attached.

The Agency for Regulation and Postal Control will defend the modalities, characteristics and quality parameters of these services.

Article 17.-Operating categories for postal services. Postal services may be provided by postal operators in the following categories:

1. Local.- are the postal services provided by an operator in a parish, between parishes, in a canton or between cantons within the same province.

2. National.- are the postal services provided by an operator in more than one province within the national territory.

3. International.- are the postal services provided by the operator from any geographical area of the national territory, from or to the outside.

The type of service provided by the operators may correspond to one, multiple or all categories, which will depend on permission, authorization, or grant.

Article 18.-Universal Postal Service (SPU) operation authorization. The Postal Regulation and Control Agency will grant authorization to the postal operator designated for the provision of the SPU and to use the public postal network, according to the categories defended in this Law, its General Regulation and the regulations issued by the Agency.

The period of the authorization contracts shall be ten years and may be renewed for the same period after the completion of the requirements and procedures provided for in the regulations issued by the Agency.

Article 19.-Concession of operation of the Universal Postal Service (SPU). Exceptionally, by means of a reasoned resolution of the Agency for Regulation and Control Postal, the management of the SPU may be delegated to joint ventures, private or private popular and solidarity economy, when justified by any of the following causes:

1. When the SPU's demand cannot be met by public or mixed companies with majority ownership of the State.

2. Where necessary to promote equitable access to the SPU.

3. When each is established the need to increase levels of efficiency or to be required to achieve economies of scale.

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4. Where necessary to increase the competition to satisfy the SPU.

5. When each demonstrates the need for private investment or the popular and solidarity sector to meet the needs of the public service with adequate standards of quality and efficiency.

6. When, by technical criteria, the Postal Control and Regulation Agency is necessary and appropriate to satisfy the public, collective or general interest.

Article 20.-Postal Operation Permit. The Regulatory and Control Agency Postal, by means of a Postal Operation Permit, will enable natural or legal persons, private or public, national or foreign domiciled in the country, the operation of postal services. The permit shall be granted in accordance with the categories advocated in this Law, its General Regulations and the regulations issued by the Agency.

The term of the contracts for the Postal Operation Permit shall be ten years and may be renewed by same period, after compliance with the requirements and procedures provided for in the regulations.

Article 21.-Payment of the Postal Operation Permit and the Universal Postal Service (SPU) grant. administration of the Postal Operation Permit and the granting of the SPU are subject to payment of securities agreement with what is determined by the Postal Control and Regulatory Agency, which will determine the collection procedure.

Article 22.-General registration of postal services operators. The Agency for Postal Regulation and Control administer the General Register of Postal Service Operators, which shall be of a public nature.

The Register shall contain information from postal operators regarding the services they provide, to cover, infrastructure, information related to their activity, in addition to the administrative acts of permission; authorization and concession contracts and their modifications, renewals, cancellations or any changes concerning them.

Article 23.-Tariff regime. The Agency for Regulatory and Postal Control will establish the rates of the SPU.

Postal operators for postal services not included in the SPU will freely set their prices. However, at any time, the Postal Regulation and Control Agency may regulate such prices where there are no competitive conditions or the level of prices refl the absence of effective competition. For this purpose, it will consider among others, costs, times and value added features.

Article 24.- Non-distributable and trailing postal shipments. Postal shipments that have not been able to be delivered to the recipient or returned to the sender, and that they have complied with the retention and custody deadline by

part of the postal operators defi nest by the Agency, will be considered as non-distributable and subject to being declared as laggards, with the exception of those submitted to the customs authorities.

The Agency for Regulation and Control Postal by means of a reasoned decision, the final treatment shall be given to the postal laggards in accordance with the Regulation issued for the purpose.

Postal consignments declared as laggards may be susceptible to donation, destruction, delivered to the competent authorities or remade by postal operators, in accordance with the procedure determined by the Agency for Postal Regulation and Control. The resources obtained as a product of the auction will be delivered to the Agency for Regulatory and Postal Control, which in turn will be paid to the National Treasury's Single Account.

judicial and customs.

CHAPTER IV

POSTAL OPERATOR DESIGNATED FOR POSTAL SERVICE DELIVERY

UNIVERSAL

Article 25.-Designated postal operator. The designated postal operator it shall be the public undertaking which, in accordance with the law, has been established for direct management by the State of the Universal Postal Service, and which, in addition, receives the authorization for the provision of that service and to use the Public Postal Network under the conditions determined by the Agency for Postal Regulation and Control. The same quality shall be the same as the mixed legal person, private law or the popular and solidarity economy, which has received the delegation from the State for the operation of the Universal Postal Service.

Without prejudice to the (a) the provision of a universal postal service may be delegated to a joint legal person, by private or private law, to the provision of a universal postal service to a mixed legal person, private or private law. the popular and supportive economy.

The designated postal operator will be one and the only

Universal Postal Service, as long as it is considered a public service, can be managed in any of the forms. legal provisions of the Constitution of the Republic, in accordance with the public policies and the Plan of Implementation of the Universal Postal Service approved by the Ministry of Rector.

The designated postal operator may also provide other postal services in accordance with their enabling title.

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Article 26.-Contribution. Postal operators will pay a contribution of 1% of the total revenue invoiced and received. This contribution must be made quarterly, within 15 days of the completion of each calendar year and the collection will be carried out by the Agency for the Regulation and the Postal Control. The revenue of the postal operator designated only in respect of the provision of the Universal Postal Service is excepted from the payment of the contribution.

Article 27.-Universal Postal Service tariff regime. The Universal Postal Service that approves the Postal Regulation and Control Agency will consider the universal access of the user to the universal postal service and the operating costs of this service.

Article 28.-Exemptions from payment. They are exempt from the payment of fees for the provision of the Universal Postal Service, and supported by the State, the following:

1. The senders of impressions using signs of ultrasound in Braille-ink or high relief system, intended exclusively for the use of people who are not sighted or with visual limitation. Included are books, magazines, digital spoken books, and paper intended for the use of non-profits (cecograms), which do not have a profit.

2. The senders of postal items to which the Universal Postal Union confi was such a right, with the scope established in the international instruments that have been raticated by the Republic of Ecuador.

Article 29.- Franking. The postage systems such as postage stamps, mechanical, paid, electronic payment or any other payment system, will be established in the regulations that are dictated to the effect.

Article 30.-Privileges special to the designated postal operator. To ensure the provision of the Postal Service Universal the designated postal operator will have the following attributions:

1. Preferred access and provision of suitable spaces for the routing activities of postal items, at railway stations, land terminals and ports and airports.

2. Having preference in the office for the customs control of postal items, without this signifing that the non-compliance with the relevant customs provisions; the designated postal operator shall not assume any responsibility for the customs declarations, whatever the way they are formulated, or the decisions taken by the customs authorities when carrying out the verification of the postal items subject to customs control.

3. Install mailboxes destined for the postal shipment repository, in accordance with the ordinances of the Decentralized Autonomous Governments.

4. Elaborate the Annual Postcard Emissions Plan.

5. Issue the latellic material.

Article 31.-Designated postal operator obligations. For the provision of the Universal Postal Service the designated postal operator will have the following obligations:

1. To provide and guarantee the continuity and permanence of the Universal Postal Service, as established by the Constitution of the Republic of Ecuador.

2. Comply with the regulations established by the Postal Control and Regulatory Agency.

3. Give compliance to current legal regulations to prevent asset laundering.

4. Carry the accounts by separate and duly audited accounts that allow you to know the total cost of the provision of the different services, and in a disaggregated form that of the Universal Postal Service. It shall provide to the Agency of Postal Regulation and Control the financial statements that refit the fulfilment of this obligation, within the first four months after the closing of the financial year.

5. To inform users of the conditions of access to the Universal Postal Service, with reference to geographic coverage, types of services, times of delivery, compensation and fees applicable to each, and in the places where they live indigenous, will be reported in your ancestral language.

6. Provide the necessary facilities for the inspections, audits or controls to be performed by the respective authority and the delivery of the requested information.

7. Develop and implement the Universal Postal Service Implementation Plan to be approved by the postal sector's governing ministry.

8. Develop and execute the Annual Postcard Emissions Plan approved by the postal sector's governing ministry.

9. Indemnify users in the event that their postal items within the Universal Postal Service suffer loss, theft, theft, exposure or breakdown, in accordance with the regulations issued by the Postal Control and Regulatory Agency. Such regulation may not limit or reduce the indemnification rights established in the Universal Postal Convention.

10. Install and administer the postal lockers.

11. Elaborate and distribute the latelic material or other franking media

12. Report and deliver postal items considered as non-distributable and laggards that are not framed in the Universal Postal Union convention.

13. The other obligations under the existing legal system.

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Article 32.-Public postal network. It is the set of public or private goods, of all order used by the Designated Postal Operator that allow the provision of the Universal Postal Service.

They are part of the Public Postal Network, postal mailboxes and lockers and spaces for the routing activities of postal items, at railway stations, land terminals, ports and airports and other public or private infrastructure which serve as support for the provision of the Universal Postal Service; its misuse, destruction, subtraction or any kind of act that atents to its material integrity, shall be sanctioned in accordance with the provisions of the Penal Integral Organic Code

CHAPTER V

OF THE RIGHTS AND OBLIGATIONS OF POSTAL OPERATORS

Article 33.-Rights of postal operators. Las and postal operators have the following rights:

1. Operate and provide, through its own or third-party network, in the authorized territory, the services for which it has been authorized.

2. Provide the postal service in any of the operating categories according to the permission granted.

3. Receive the appropriate payment from users for the provision of the services agreed upon and received in accordance with the respective conditions and contracts, with the exceptions determined by this Law.

4. Denounce, before the competent authority, the existence of restrictive practices of competition, in accordance with the current legal regulations.

5. Request and receive timely information from the Postal Regulatory and Control Agency on regulations and other administrative provisions related to the provision of postal services.

Article 34.-Obligations of the postal operators. Las and postal operators will have the following obligations:

1. Provide postal services in compliance with the conditions and regulations established by the Postal Regulatory and Control Agency.

2. Ensure the secrecy and inviolability of any postal shipment, in accordance with national and international standards.

3. To inform the user of all the information regarding the characteristics and conditions of access, price, insurance, level of quality, period and indemnities of the services they offer, and in the places where they inhabit indigenous peoples, report in your ancestral language.

4. Address and resolve user complaints and complaints in all cases involving non-compliance with the services offered.

5. Subscribe to the respective contract with the user, considering the regulations that the Regulatory Agency and Postal Control issue for the effect.

6. Provide the necessary facilities for the inspections, audits or controls to be performed by the Postal Control and Regulatory Agency and deliver the requested information.

7. Submit annually the accounting statements for each financial year to the Postal Regulatory and Control Agency.

8. Report and deliver to the Postal Regulatory and Control Agency postal items that have been declared as non-distributable and laggard.

9. Comply with current legal regulations to prevent asset laundering.

10. To issue insurance to postal items with declared value, in accordance with the regulation established by the Postal Control and Regulatory Agency.

11. Indemnify users in the event that their postal items suffer loss, theft, theft, exposure or breakdown, in accordance with the regulations issued by the Postal Control and Regulatory Agency.

12. Pay users in the event that their postal items with declared value suffer loss, theft, theft, removal or breakdown, within the time limit set by the regulation issued by the Postal Control and Regulatory Agency.

13. Protect user data, therefore they may not provide any data relating to the existence of the postal shipment, its class, its external circumstances, the identity of the sender and the recipient, nor its addresses, except for express of competent or judicial authority.

14. Certify, with legal and commercial validity, any data related to the provision of the postal services.

15. The other obligations under the current legal order.

The postal operation shall be the sole responsibility of the one who obtains the Postal Operation Permit, as well as the fulfillment of the terms and conditions of the service agreed with the user.

CHAPTER VI

RIGHTS AND OBLIGATIONS OF USERS

Article 35.-Rights of users and users. Las and postal service users will be entitled to:

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1. Access the Universal Postal Service's own capabilities or a successful offer of postal products and services not included in the Universal Postal Service.

2. To have precise, free and non-misleading information about the characteristics of the services, current rates, conditions of access, level of quality and compensation, and in the places where indigenous peoples live, the information will be provided ancestral language.

3. Receive timely attention from requests and claims related to the delivery of contracted services.

4. To recover, as a sender, the postal items, as long as they have not been delivered to the recipients, by payment of the corresponding prices or prices or modify the address of the recipient, provided that the necessary operations for Locating them does not disturb the regular march of postal service delivery.

5. Examine the mailing or postal object before accepting its delivery; in case of any failure, to reject it, to request that the corresponding investigations be carried out and to be informed of its outcome.

6. Submit claims or complaints to the postal operator in the event of non-compliance with its obligations and with the Postal Control and Regulatory Agency in accordance with this Law.

7. Be compensated for the damages suffered by the postal shipment, due to the failure to comply with the conditions of the service delivery and in particular, in the event of loss, theft, theft, removal or damage.

8. Receive payment for the declared and insured value, in the event of loss, theft, theft, removal or breakdown of your postal shipment with declared value.

9. Request the reissue of your postal items by paying the corresponding economic consideration.

10. Maintain the secrecy and inviolability of the p ostal shipments.

11. Receive equal treatment and confidence of your data, even if you use electronic or electronic means or techniques for control.

Article 36.-Obligations of users and users. postal services:

1. Comply with the established terms of use for postal services in general and the Universal Postal Service in particular.

2. Pay the fees or prices of the contracted postal services.

3. Do not send dangerous goods and substances that endanger the life or health of humans or

animals and which pollute the environment, and those prohibited by law.

4. Inform the Postal Regulatory and Control Agency about acts or omissions that may be in breach of this Law, the rules that may be derived from this Law.

5. Use the Ecuadorian Postal Code in all postal items that are routed through the postal service.

6. Pay the price of insurance in postal shipping cases with declared value.

CHAPTER VII

COMPLAINTS AND COMPLAINTS

Article 37.-Resolution of disputes between postal users and operators. users who use postal services shall have the right to address complaints and complaints, and to obtain timely responses free of charge, which must be submitted to the postal operator who has caused the alleged injury.

In case of lack of attention for more than thirty (30) days or if the claim was total or partially dismissed, the user may have recourse to the Agency for Postal Regulation and Control. The Agency for Regulatory and Postal Control will issue the corresponding regulation.

Article 38.-Criminal liability. In case there are elements that may lead to the establishment of criminal liability as a result of the procedure followed for a complaint or complaint, the file shall be forwarded to the Office of the Prosecutor General of the State for the appropriate processing in accordance with the legal order in force, without prejudice to the administrative penalties imposed by the Agency The Postal Regulation and Control.

CHAPTER VIII

VIOLATIONS AND SANCTIONS

Article 39.-Penalties for penalties. It is the responsibility of the Agency for Postal Regulation and Control to initiate, or at the request of a party, as well as to substantiate and resolve, the administrative judgment to the postal operators and natural or legal persons for the offences defined in this Law. Due process will be ensured in all of the sanctioning procedures that it will process.

Article 40.-Minor infractions. Constitute minor infractions:

a) Do not make available to users information regarding the rates and prices, services they provide, coverage, insurance, itineraries and times to be met throughout the chain of processes that make up the postal service.

b) Do not address user complaints and complaints in accordance with the regulations set out for the purpose.

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c) Do not report to the Postal Regulation and Control Agency regarding postal items that are considered as non-distributable or laggards, with the exception of those found in customs procedures.

Article 41.-Serious infractions. Constitute serious violations:

a) Do not recursively address claims and user complaints.

b) Failure to deliver information related to the postal activity required by the Postal Regulatory and Control Agency.

c) Do not provide the necessary facilities to the inspectors of the Postal Regulation and Control Agency or interfere with their control activities.

d) Do not comply with the technical and financial requirements required for the delivery of the postal service.

e) Operate and perform a postal activity in a manner other than that permitted.

f) Do not have standards of security determined by the Postal Regulation and Control Agency for the provision of the service postal.

g) Failure to comply with regulations issued by the Postal Control and Regulatory Agency.

Article 42.-Very serious infractions. Constitute very serious violations:

a) Cometer within of a year three serious infractions of the same nature and on which there is resolution to be found.

b) Abandon, retain, misappropriate, hide or destroy postal items.

c) Obstruct or impede the exercise of the special privileges of the designated postal operator.

d) Suspend service delivery without the authorization of the Postal Control and Regulatory Agency.

e) Operate and perform a postal service without the corresponding enabling title.

f) Move shipments postcards containing dangerous substances without proper precautions and which endanger the health of the citizenry as well as those of prohibited content, established in the Law.

Article 43.-Criteria for the determination of the severity of the faults. For administrative sanctions the principle of proportionality between the seriousness of the fact of the infringement and the penalty applied according to the seriousness of the fault and the damage produced. One or more of the following aggravations shall be considered for the determination of the sanction to be applied:

1. The hindering of the tasks of fi scalization, research and control, before and during the substantiation of the sanctioning procedure.

2. Obtaining economic benefits on the occasion of the commission of the infraction.

3. The nature and amount of the damages caused.

The recidivism in the commission of an infringement of the same class, by the same person in the period of one year from the commit of the first, will be considered as aggravating and apply the maximum penalty at the time of your imposition.

Article 44.-Weight criteria for penalties. For the application of penalties for minor, serious and very serious violations, the following criteria are established:

1. By operator category:

a. One (1) for the local operator

b. Two (2) for the national operator

c. Three (3) for the international operator

2. By operator size according to the Superintendence of Companies:

a. One (1) for micro and natural persons

b. Two (2) small business

c. Three (3) for medium enterprise

d. Four (4) for large enterprise

Article 45.-Sanctions for minor infractions. Minor infractions will be sanctioned with a fine of one to three basic unifed wages depending on the seriousness of the infringement, and this value will be multiplied by the weighting criteria by category and size of the operator.

Article 46.-Penalties to serious infringements. Serious violations will be sanctioned with a fine of four to six single basic wages depending on the seriousness of the infringement and this value will be multiplied. by the weight criteria by category and operator size set.

Item 47.-Penalties to very serious infringements. The very serious infringements will be punished with a fine of seven to nine basic wages unified depending on the seriousness of the infringement and this value will be multiplied by the criteria of weight per category and size of the established operator.

If in the same calendar year the operator has a very serious infringement, the enabling title will be cancelled. The Postal Regulation and Control Agency shall take the necessary measures to ensure the continuity of the Universal Postal Service.

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The operator who has been sanctioned with the cancellation will be required to issue, within the time limit determined by the Postal Control and Regulatory Agency, all the pending postal items that you maintain in your possession. If the sanctioned postal operator does not comply with the dispatch of the postal items within the specified time limit, the Agency shall appoint a financial controller to ensure that this provision is met.

Article 48.-First and second instance. It is for the competent body of the Agency for Postal Regulation and Control to be informed in the first instance, which shall issue the opening act of the sanctioning procedure, whether it is an official act or at the request of an interested party, to substantiate it and to resolve it. in accordance with the procedure laid down in the General Regulation of this Law.

resolutions issued by the unconcentrated organ may be challenged in accordance with the provisions of the Statute of the Administrative Legal Regime of the Executive Function. He is competent to hear the appeals, the Executive Director of the Postal Regulatory and Control Agency.

For the purposes of the recidivism referred to in Articles 41 and 42, they shall be considered as resolutions fi rmes, those that resolve the appeal or those that have been caused by the failure to file the appeal within the prescribed period.

Article 49.-Legitimacy, enforceability and corrective measures. Administrative acts that resolve the Sanctioning administrative procedures are presumed legitimate and have executive force once Notifi cados. The infringer must comply with them immediately or in the time specified in those acts. In the event that the offender does not voluntarily comply with the payment of the fine imposed, the fine shall be levied by the co-active enforcement procedure, without prejudice to the provenance of new penalties in accordance with the provisions of this Law. The imposition of administrative or judicial remedies against the resolutions of the sanctioning administrative procedures does not suspend its execution.

In addition to the sanction imposed, it will be possible to order the fulfillment of the obligations non-compliance has resulted in the appropriate and proportionate sanction or remedial action. For this purpose, it may even request the assistance and collaboration of the public or other public entities. In the event that the offender, within the ordered period, does not comply with the rules of the sanctioning procedure, the Agency for the Regulation and the Postal Control may, in the alternative, execute the resolved and recover, via coactive execution against the infringer, the expenses incurred in the subsidiary execution.

Additionally, it may be ordered to repair damages to third parties, such as the return of values unduly charged with their respective interests or compensation to subscribers or users for suspension, interruption or poor quality of the service.

Article 50.-Preventive measures. Before, or in any state, the administrative sanctioning procedure, preventive measures, such as the order of cessation of a conduct or the order of dispatch of shipments, may be adopted.

The preventive measures must be adjusted to the intensity, proportionality and needs of the damage to be avoided.

When the preventive measure is adopted before the start of the administrative procedure sanctioning, such a measure will lapse if the procedure is not initiated within a period of time fifteen (15) business days counted from the date of its notification.

Article 51.-Judicial challenge. The decisions of the administrative proceedings may be challenged before the respective Court District of the Administrative Contentious in a direct manner.

Article 52.-From the prescription of violations and penalties. The violations and penalties provided for in this Law will be prescribed in the following terms:

1. Very serious, within five years.

2. Serious, within three years.

3. Minor, within one year.

The limitation period shall begin within the period from the day on which the infringement was committed; this limitation shall be interrupted with the notification of initiation of the sanctioning procedure, and the limitation period shall be resumed if such a procedure has been brought to a standstill for more than one month for reasons not attributable to the alleged person responsible. Each infringement will be known and dealt with separately.

The prescription of the penalties will begin to be counted from the day following the one in which it acquires the resolution imposing the sanction. The initiation of the execution procedure with knowledge of the person concerned shall be interrupted. The period of time has elapsed if the person was paralyzed for more than one month for reasons not attributable to the infringer. Each sanction will be known and dealt with separately.

GENERAL PROVISIONS

First. Budget items and all movable and immovable property, assets and liabilities, constants in conventions, contracts or other legal, national or international instruments that correspond to the National Postal Agency, will become part of the patrimony of the Agency for Regulatory and Postal Control.

Second. The servers that provide their services with appointment or contract or under any modality in the National Postal Agency may continue to provide services in the Postal Control and Regulatory Agency, in accordance with the structural, organic requirements

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and the Agency's human talent. Once the requirements analysis has been carried out, the necessary posts will be determined, those which are required, in accordance with the structure and privileges of the Agency, will be created, and those that are not necessary will be deleted, according to the with the Public Service Organic Law, its General Regulations and other current regulations.

TRANSIENT provisions

First. For the purpose of continuing the activities of the postal sector, the Executive Director of the National Postal Agency will remain in office until the Board appoints the new director. The organizational structure of the National Postal Agency will remain Effective until the one that complies with this Law is approved.

The Post Office of Ecuador, will act as the Designated Postal Operator, for all the purposes of This Law.

Second. Within the period of one hundred and eighty (180) days counted from the enactment of this Law, the President of the Republic shall issue the General Regulation for the implementation of this Law. During this time the Agency for Regulatory and Postal Control will issue the rules, regulations and more acts that are necessary for the granting of the postal operation permits and the authorization for the Universal Postal Service and in general for the application and development of this Law.

Third. The natural or legal persons who are performing any of the postal activities provided for in this Law without the corresponding enabling title, must to be registered in the General Register of Operators of the postal services and obtain a degree As provided in the relevant regulations, within one hundred and eighty (180) days counted from the enactment of this Law. After this deadline, your operation will be considered illegal and the corresponding measures and penalties will apply.

REPEAL PROVISION

Unica. The General Post Law, published in the Ofi cial Register, is repealed. No. 888 of August 3, 1979; Executive Decree No. 1207 of July 29, 2008 published in Register Ofi cial No. 391 of July 29, 2008 and other rules of equal or lower rank that are opposed to this Law.

FINALS

First. In aspects that are not regulated in this Law, it will be applied In addition, the Statute of the Administrative Legal Regime of the Executive Function

Second. In those aspects that do not object to this Law, the regulations, instructions and resolutions issued by the National Postal Agency shall be maintained as long as they are not expressly repealed by the Postal Regulatory and Control Agency.

Third. This Law will take effect from its promulgation in the Ofi cial Registry.

Given and subscribed to the National Assembly headquarters, located in the Metropolitan District of Quito, Pichincha Province, 24 days from the month of September of two thousand fifteen.

f.) GABRIELA RIVADENEIRA BURBANO President

f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat

VICE PRESIDENCY OF THE REPUBLIC

No. 005-2015

Sergio Ruiz Giraldo SECRETARY GENERAL

Considering:

What, in Article 18 of the Constitution of the Republic, in its number two, states that it is the right of all persons to access the information generated in public or private institutions that handle public funds or perform public functions;

What, article 379, number 4 ibidem, states that tangible and intangible cultural heritage is part of the the memory and identity of persons and groups, and the purpose of safeguarding the State, inter alia: " 3. Documents, objects, collections, archives, libraries and museums that have historical, artistic, archaeological, ethnographic or paleontological value ";

What, Article 10 of the Organic Law of Transparency and Access to Information It states that: " It is the responsibility of public entities, legal persons governed by public law and other public entities, to create and maintain public records in a professional manner, so that the right to information can be exercised plenitude, so that in no case is the absence of technical standards in the management and file of information and documentation to prevent or hinder the exercise of access to public information, even worse its destruction ... ";

What, the Law of the National Archives System, in its article 1 defi ne that:" It is a State Heritage the basic documentation that currently exists or that will be produced in the archives of all the institutions of the public and private sectors, (...) ";

What, article 15 of the Standard of Documentary Management for Public Administration Entities indicates that the Commission of Documentary and Archive Management that integrates each dependency will be composed by: