JPRM-2023-004-M — Fees for Digital Certification Services — BCE — EC

JUNTA DE POLÍTICA Y REGULACIÓN MONETARIA

República del Ecuador

RESOLUCIÓN Nro. JPRM-2023-004-M

THE MONETARY POLICY AND REGULATION BOARD (JPRM)

CONSIDERATIONS:

Whereas, the Constitution of the Republic of Ecuador, in Article 226, stipulates that public servants and persons acting under state authority shall exercise only the competencies and powers attributed to them in the Constitution and the Law;

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

Whereas, the first clause of Article 303 of the Constitution determines that the formulation of monetary, credit, exchange, and financial policy is an exclusive faculty of the Executive Function and shall be implemented through the Central Bank of Ecuador;

Whereas, numeral 18 of Article 36 of the Organic Monetary and Financial Code, among the functions and powers of the Central Bank of Ecuador, establishes: "(...) 18. Act as an electronic certification entity";

Whereas, Article 36.1 of the Organic Code ibidem indicates: "The Central Bank of Ecuador may charge commissions or tariffs for the services it provides and functions it fulfills in accordance with resolutions issued by the Monetary Policy and Regulation Board. Such commissions or tariffs shall be published on the institutional website";

Whereas, Article 47.1 of the referred Organic Code created the Monetary Policy and Regulation Board, as part of the Executive Function, responsible for formulating monetary policy, highest governing body of the Central Bank of Ecuador, and determines its composition;

Whereas, Article 47.6 of the referred Code, regarding the functions of the Monetary Policy and Regulation Board, among others, establishes: "(...) 5. Establish the policies of the Central Bank of Ecuador and supervise their implementation; 6. Monitor compliance with the functions of the Central Bank of Ecuador; 7. Formulate the policy for the operations of the Central Bank of Ecuador; (...) 25. Fix commissions and tariffs for services of the Central Bank of Ecuador (...)";

Whereas, Article 23 of the Law on Electronic Commerce, Electronic Signatures and Data Messages provides: "Duration of the electronic signature certificate.- Unless otherwise agreed contractually, the validity period of electronic signature certificates shall be that established in the regulation to this law";

Whereas, Article 29 of the aforementioned Law states: "Information Certification Entities.- These are single-owner companies or legal entities that issue electronic signature certificates and may provide other services related to electronic signatures, authorized by the National Telecommunications Council (CONATEL), as provided in this law and the regulation to be issued by the President of the Republic";

Whereas, Article 11 of the General Regulation to the Law on Electronic Commerce, Electronic Signatures and Data Messages establishes: "Duration of the electronic signature certificate.- The duration shall be established contractually between the holder of the electronic signature and the information certification entity or its equivalent (...)";

Whereas, Article 128 of the Organic Administrative Code determines: "Normative administrative act. It is any unilateral declaration made in the exercise of an administrative competence that produces general legal effects, which does not end with its direct compliance";

Whereas, Article 130 of the Code ibidem states: "The highest administrative authorities have normative competence of an administrative character only to regulate internal matters of the body under their charge, except in cases where the law provides this competence for the highest legislative authority of a public administration.

The regulatory competence over the actions of persons must be expressly attributed by law."

Whereas, through Resolution No. 481-20-CONATEL-2008, dated October 8, 2008, the Central Bank of Ecuador was accredited by the National Telecommunications Council (CONATEL) as an "Information Certification and Related Services Entity", which was renewed with Resolution No. ARCOTEL-2018-0902, dated October 25, 2018, issued by the Telecommunications Regulation and Control Agency (ARCOTEL), for a period of 10 years;

Whereas, through Resolution No. JPRM-2022-020-M, dated August 4, 2022, the Monetary Policy and Regulation Board identified the norms of the Codification of Monetary, Financial, Securities and Insurance Resolutions issued by the former Monetary Policy and Regulation Board and Financial Board, which corresponded to it by competence, including Section I: "The Central Bank of Ecuador", Chapter V: "Fees, rates for services and other concepts related to banking operations"; and Chapter VI: "On the Information Certification Entity Service and Issuance of Digital or Electronic Certificates";

Whereas, the subsection titled "Direction of information certification entities", in Article 168 of Section I: "The Central Bank of Ecuador", from Chapter V: "Fees, Rates for Services and other concepts related to Banking Operations" of Resolution No. JPRM-2022-020-M, dated August 4, 2022, establishes that: "The Central Bank of Ecuador will charge its clients for the provision of banking services, the rates, tariffs and shipping costs as follows: (...) DIRECTION OF INFORMATION CERTIFICATION ENTITIES. The General Manager of the Central Bank of Ecuador must establish the values to be charged for products and services of the Information Certification Entity";

Whereas, the Monetary Policy and Regulation Board, through ordinary session No. 002-2023 with mixed modality, on February 28, 2023, reviewed the proposal submitted via memorandum No. BCE-BCE-2023-0038-M, dated February 23, 2023, by the General Manager of the Central Bank of Ecuador to the President of the Monetary Policy and Regulation Board, as well as technical report No. BCE-SGSERV-2023-018 / BCE-DNSF-2023-712, dated February 23, 2023; and legal report No. BCE-CGJ-014-2023, dated January 23, 2023; and

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

FEES FOR INFORMATION CERTIFICATION ENTITY SERVICES AND ISSUANCE OF DIGITAL OR ELECTRONIC CERTIFICATES

Article 1.- Establish the following fees for services provided by the Information Certification Entity of the Central Bank (ECIBCE) to natural persons:

	Digital Signature Certificates with In-Person Service (1)
No.	Service Type		Container Type					Validity	Fee (USD)
	Issuance	Renewal	Recovery	Archive	Token	Roaming	Cellular	HSM
1	X			X	X	X			2 years	27.00
2		X		X	X	X			2 years	18.00
3			X	X	X				Remaining time	0
4	X	X						X	2 years	27.00