Resolution JPRM-2025-003-G: Establishing the Application of the Special Procurement Regime of the Central Bank of Ecuador to Public Procurement Processes Related to the Transport and Custody of Valuables in National Territory

RESOLUTION NO. JPRM-2025-003-G THE MONETARY AND REGULATORY POLICY BOARD

CONSIDERING:

That, Article 226 of the Constitution of the Republic of Ecuador prescribes that public servants and persons acting by virtue of state authority shall exercise only the competencies and powers attributed to them in the Constitution and the Law;

That, Article 227 of the same instrument states that Public Administration constitutes a service to the community governed by the principles of effectiveness, efficiency, quality, hierarchy, coordination, planning, among others;

That, the first paragraph of Article 303 aforementioned determines that the formulation of monetary, credit, exchange, and financial policies is the exclusive faculty of the Executive Branch and shall be implemented through the Central Bank of Ecuador;

That, Article 37 of the Organic Monetary and Financial Code, related to the procurement of the Central Bank of Ecuador, in matters of public procurement, prescribes: “The procurement of services required by the Central Bank of Ecuador that contribute to the investment of the reserve, the management of the position of external assets and liabilities, monetary and non-monetary gold, and the sustainability of the monetary system, shall be subject to the special regime determined in Article 2 numeral 10 of the Organic Law of the National Public Procurement System”;

That, Article 47.1 of the aforementioned Code created the Monetary and Regulatory Policy Board, as part of the Executive Branch, responsible for the formulation of monetary policy, the highest governing body of the Central Bank of Ecuador, and determined its composition;

That, numeral 26 of Article 47.6 aforementioned, regarding the functions of the Monetary and Regulatory Policy Board, among others, establishes: “26. Those others conferred upon it by law. (...)”;

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That, Article 47.7 of the aforementioned Code states: “The acts of the Monetary and Regulatory Policy Board enjoy the presumption of legality and shall be expressed through resolutions that shall have mandatory force (…)”;

That, numeral 10 of Article 2 of the Organic Law of the National Public Procurement System, regarding the special regime of public procurement processes, states: “The pre-contractual procedures of the following procurements shall be subject to specific regulations issued for this effect by the President of the Republic in the General Regulation to this Law, under criteria of selectivity: (…) 10. Procurement processes required by the Central Bank of Ecuador provided for in Article 37 of the Organic Monetary and Financial Code”;

That, Article 209.1 of the General Regulation to the Organic Law of the National Public Procurement System, regarding the special public procurement regime for the Central Bank of Ecuador, provides: “The following shall be applicable to this special procurement procedure: those related to the procurement of external auditors of the Central Bank of Ecuador; custody, sending, receipt, and armored transport of securities and monetary species, from and to abroad; fractional minting of national circulation coins and commemorative coins; refining of non-monetary gold and others related to precious metals; specialized research and studies of central banking; and specialized central banking systems related to payment means, reserve management, centralized deposit of compensation and settlement of securities, and others that contribute to the sustainability of the monetary system.

Without prejudice to what is stated in the previous paragraph, the highest governing body of the Central Bank of Ecuador, within the framework of its functions and attributions assigned by the Constitution of the Republic and the Law, may establish others that contribute to the investment of the reserve, the management of the position of external assets and liabilities, monetary and non-monetary gold, and the sustainability of the monetary system.

Likewise, the highest governing body of the Central Bank of Ecuador shall determine the processes that will be reserved and confidential and will not be published on the PUBLIC PURCHASES Portal”;

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That, with the aim of ensuring continuity in the provision of monetary species for the normal development of the country's economic activities, and for the sustainability of the monetary system, it is necessary to establish that the service of transport and custody of valuables within national territory be included in the special procurement regime for the Central Bank of Ecuador;

That, the Monetary and Regulatory Policy Board, in ordinary session by virtual modality, on March 13, 2025, reviewed the proposal sent via Memorandum No. BCE-BCE-2025-0054-M of March 7, 2025, by the General Manager of the Central Bank of Ecuador to the President of the Monetary and Regulatory Policy Board; as well as, Technical Report No. BCE-GMPSN-2025-004 / GAF-2025-008 / SOSTV-2025-002, of March 7, 2025; and, Legal Report No. BCE-GJ-009-2025, of March 7, 2025; and,

In exercise of its functions and in attention to Article 47.7 of the Organic Monetary and Financial Code, the Monetary and Regulatory Policy Board:

RESOLVES

Article 1.- Establish that the special procurement procedure of the Central Bank of Ecuador, provided for in Article 209.1 and following of the General Regulation to the Organic Law of the National Public Procurement System, shall be applicable to public procurement processes related to the transport and custody of valuables within national territory.

Article 2.- Determine that public procurement processes related to the transport and custody of valuables within national territory shall be reserved and confidential, and will not be published on the PUBLIC PURCHASES Portal.

SINGLE GENERAL PROVISION. - The Central Bank of Ecuador through the pertinent administrative units shall implement what is established in this resolution.

FINAL PROVISION. - This resolution shall enter into force from its issuance, without prejudice to its publication in the Official Register.

Entrust its publication on the institutional website to the General Secretariat of the Central Bank of Ecuador.

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NOTIFY AND PUBLISH.- Given in the Metropolitan District of Quito, on March 13, 2025.

THE PRESIDENT Dr. TATIANA MARIBEL RODRÍGUEZ CERÓN

The preceding resolution was signed by Dr. Tatiana Maribel Rodríguez Cerón - President of the Monetary and Regulatory Policy Board, in the Metropolitan District of Quito, on March 13, 2025.- I CERTIFY.

ADMINISTRATIVE SECRETARY Attorney MARÍA ALEXANDRA GUERRERO DEL POZO