Title
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF ECUADOR ON RECIPROCAL TRADE
Preamble
The United States of America and the Republic of Ecuador (hereinafter referred to individually as "Party" and collectively as "the Parties"),
Emphasizing their shared values, including democracy, economic freedom, and the rule of law;
Recognizing the special bonds of friendship and cooperation among them, in particular in their trade and investment relations, as reflected in the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Concerning a United States-Ecuador Council on Trade and Investment and its annex, the Protocol on Trade Rules and Transparency;
Intending to enhance reciprocity in their bilateral trade relationship by addressing tariff and nontariff barriers; and
Seeking to strengthen their commercial and economic relationship through increased alignment by adopting and incorporating new economic and national security matters of bilateral importance,
HAVE AGREED as follows:
Body
Section 1. Tariffs and Quotas
Article 1.1. Tariffs
1. Ecuador shall apply a rate of customs duty on an originating good of the United States as set out in Schedule 1 to Annex I.
2. The United States shall apply tariff treatment for originating goods of Ecuador as set out in Schedule 2 to Annex I.
Article 1.2. Quotas
Ecuador shall not impose or maintain quantitative restrictions on imports of originating goods of the United States except in accordance with the General Agreement on Tariffs and Trade 1994.
Section 2. Non-Tariff Barriers and Related Matters
Article 2.1. Import Licensing
Ecuador shall not apply import licensing (1) to U.S. goods in a manner that restricts the importation of such goods. Ecuador shall ensure that any non-automatic import licensing is applied only to administer an underlying measure, in a manner that is transparent, nondiscriminatory, and not unduly burdensome, and that does not reduce the competitiveness of U.S. exports.
Article 2.2. Technical Regulations, Standards, and Conformity Assessment
1. Ecuador shall allow U.S. originating goods that comply with applicable U.S. standards and technical regulations that are aligned with international standards, for which determination criteria are based on the TBT Committee Decision on International Standards, (2) (3) (4) or international conformity assessment procedures (5) to enter its territory without additional conformity assessment requirements. In doing so, Ecuador shall (6) accord to the conformity assessment bodies of the United States treatment no less favorable than that it accords to its own bodies, and shall: (7)
(a) accept test reports or certificates issued by conformity assessment bodies accredited by accreditation bodies that are signatories to mutual recognition arrangements; or
(b) accept a supplier's declaration of conformity for products sold in the United States subject to U.S. post-market surveillance. (8)
2. Ecuador shall ensure that technical regulations, standards, and conformity assessment procedures are applied in a non-discriminatory manner and do not operate as disguised restrictions on bilateral trade, and shall remove existing technical barriers to trade in areas that undermine reciprocity including requirements for duplicative or unnecessary testing or conformity assessment.
Article 2.3. Agriculture
Ecuador shall provide non-discriminatory or preferential market access for U.S. agricultural goods as set forth in this Agreement.
(a) Ecuador shall ensure that its sanitary and phytosanitary (SPS) measures are science- and risk-based and do not operate as disguised restrictions on bilateral trade, and shall remove unjustified SPS barriers in areas that undermine reciprocity.
(b) Ecuador shall not adopt or maintain non-scientific, discriminatory, or preferential measures that disadvantage U.S. exports to Ecuador, including as a result of entering into agreements or understandings with third countries.
Article 2.4. Geographical Indications
Ecuador shall ensure transparency and fairness with respect to the protection or recognition of geographical indications, including pursuant to an international agreement. Ecuador shall only protect or recognize a term that identifies a good as a geographical indication where there is a given quality, reputation, or other characteristic of the good that is essentially attributable to its geographical origin.
Article 2.5. Cheese and Meat Terms
Ecuador shall not restrict U.S. market access due to the mere use of the individual cheese and meat terms listed in Annex II.
Article 2.6. Intellectual Property
Ecuador shall provide a robust standard of protection for intellectual property. (9) Ecuador shall ratify or accede to, and shall fully implement, the international intellectual property treaties in Article 2.10 of Annex III. Ecuador shall provide effective systems for civil, criminal, and border enforcement of intellectual property rights and shall ensure that such systems combat and deter the infringement or misappropriation of intellectual property, including in the online environment. Ecuador shall prioritize and shall take effective criminal and border enforcement actions against copyright and trademark infringements.
Article 2.7. Services
Ecuador shall address existing services trade barriers that undermine reciprocity, including as reflected in Articles 2.12 and 2.13 of Annex III. Ecuador shall refrain from imposing new barriers that restrict U.S. services suppliers.
Article 2.8. Good Regulatory Practices
Ecuador shall continue to implement good regulatory practices consistent with Annex II of the Protocol to the Trade and Investment Council Agreement Between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency.
Article 2.9. Labor
1. Ecuador shall adopt and effectively implement a prohibition on the importation of goods mined, produced, or manufactured wholly or in part by forced or compulsory labor. (10) The United States shall cooperate with Ecuador in the implementation of this prohibition through information sharing, such as information on actions taken to enforce the United States? forced labor import ban, as appropriate, and Ecuador shall review U.S. government determinations on entities under section 307 of the Tariff Act of 1930.
2. Ecuador shall protect internationally recognized labor rights. (11) This includes by adopting or maintaining such rights in its law and practice, and effectively enforcing its labor laws, including by creating or maintaining necessary institutions to protect labor rights. Ecuador shall establish and effectively apply appropriate legal sanctions for violations of those laws. Ecuador shall not weaken or reduce the protections in its labor laws and shall address any such weakening or reduction that has been made to encourage trade or investment to date. (12) In addition, Ecuador shall address issues related to labor rights that contribute to non-reciprocal trade.
Article 2.10. Environment
Ecuador shall adopt and maintain environmental protections, effectively enforce its environmental laws, uphold or institute as necessary strong environmental governance structures, and work together with the United States to address any environment-related issues that may contribute to non-reciprocal trade.
Article 2.11. Customs and Trade Facilitation
Within two years of the date of entry into force of this Agreement, Ecuador shall implement and maintain customs electronic systems and internal regulations that allow for full pre-arrival processing, paperless trade, and digitized procedures for the movement of goods from the United States across its borders.
Article 2.12. Border Measures and Taxes
Ecuador shall not impose value-added taxes that discriminate against U.S. companies in law or in fact.
Section 3. Digital Trade and Technology
Article 3.1. Digital Services Taxes
Ecuador shall not impose digital services taxes, or similar taxes, that discriminate against U.S. companies in law or in fact.
Article 3.2. Facilitation of Digital Trade
Ecuador shall facilitate digital trade with the United States, including by refraining from measures that discriminate against U.S. digital services or U.S. products distributed digitally, ensuring the free transfer of data across trusted borders for the conduct of business, and collaborating with the United States to address cybersecurity challenges.
Article 3.3. Market Entry Conditions
Ecuador shall not impose any condition or enforce any undertaking requiring U.S. persons to transfer or provide access to a particular technology, production process, source code, or other proprietary knowledge, or to purchase, utilize, or accord a preference to a particular technology, as a condition for doing business in its territory. This paragraph does not preclude a regulatory body or judicial authority of Ecuador from requiring a person of the United States to preserve and make available the source code of software, or an algorithm expressed in that source code, to the regulatory body for a specific investigation, inspection, examination, enforcement action, or judicial proceeding, subject to safeguards against unauthorized disclosure. (13)
Article 3.4. Customs Duties on Electronic Transmissions
Ecuador shall not impose customs duties on electronic transmissions, including content transmitted electronically, and shall continue to support multilateral adoption of a permanent moratorium on customs duties on electronic transmissions at the WTO.
Section 4. Rules of Origin
Article 4.1. General Provision
The Parties intend for the benefits of this Agreement to accrue substantially to them and their nationals. If benefits of this Agreement are accruing substantially to third countries or third-country nationals, a Party may establish rules of origin necessary to achieve the Parties? intention for this Agreement.
Section 5. Economic and National Security
Article 5.1. Complementary Actions
1. When the United States imposes a customs duty, quota, prohibition, fee, charge, or other import restriction on a good or service, Ecuador shall regulate, pursuant to its relevant domestic law, as appropriate, the importation of that good or service into its territory through measures having a similar effect as those of the United States aimed at addressing common economic and national security concerns.
2. Ecuador shall adopt and implement measures, as appropriate, to address unfair practices that could distort trade in either Party's market. The United States shall share information, as appropriate, with Ecuador to address unfair trade practices when such practices impact Ecuador.
3. Ecuador shall adopt measures to encourage shipbuilding and shipping by the Parties. The Parties shall discuss the structure and effect of relevant and appropriate measures aimed at promoting a fair and competitive industry.
Article 5.2. Export Controls, Sanctions, Investment Security, and Related Matters
1. Ecuador shall cooperate to strengthen export controls, including the implementation of rigorous assessments associated with the transfer of sensitive technologies and goods, as well as, establishing due diligence procedures that ensure transparency in commercial transactions and the integrity of existing controls. Both Parties shall share relevant information on best practices and potential threats to economic and national security.
2. Ecuador shall cooperate with the United States, in a manner consistent with and permitted by applicable requirements of its domestic law, with a view to promoting compliance with and enforcement of U.S. sanctions and export controls.
3. Ecuador shall cooperate with the United States on matters related to investment security and shall take steps to review and address national security risks associated with public and private investment in its territory through existing mechanisms (14) and through exploring the establishment of a mechanism to review inbound investment for national security risks. (15)
4. If the United States determines that Ecuador is cooperating to address shared national and economic security issues, the United States may take such cooperation into account in administering its laws and regulations pertaining to export controls, investment reviews, and other measures.
Article 5.3. Other Measures
1. The United States shall work and cooperate with Ecuador to streamline and enhance defense trade.
2. Ecuador and the United States shall enter into a duty evasion cooperation agreement.
3. If Ecuador enters into a new bilateral free trade agreement or preferential economic agreement that undermines this Agreement, the United States may, if consultations with Ecuador fail to resolve its concerns, terminate this Agreement.
4. Ecuador shall purchase nuclear reactors, fuel rods, or enriched uranium from market-oriented suppliers, whenever feasible.
Section 6. Commercial Considerations and Opportunities
Article 6.1. Investment
1. Ecuador shall allow and facilitate U.S. investment in its territory to explore, mine, extract, refine, process, transport, distribute, and export critical minerals and energy resources and to supply power, telecommunication, transportation, and infrastructure services on terms no less favorable than it accords to investors from any third country in like circumstances, and shall regulate those investments in keeping with minimum standards of international law.
2. The United States shall work through U.S. institutions such as the Export-Import Bank of the United States (EXIM Bank) and the U.S. International Development Finance Corporation (DFC), if eligible, to consider supporting investment financing in critical sectors and other productive and economic sectors in Ecuador in collaboration with U.S. private sector partners, consistent with applicable law.
Article 6.2. Commercial Considerations
1. To enhance trade reciprocity between the parties, Ecuador shall ensure that state-owned enterprises under its jurisdiction fully comply with the principle of non-discrimination, do not receive subsidies, and act solely based on commercial considerations.
2. Upon the written request of the United States, Ecuador shall provide information regarding all forms of non-commercial assistance or subsidies that it provides to a manufacturing enterprise in its territory. Ecuador shall take action to address the distortive impacts of those subsidies and support mechanisms on trade and investment with the United States, while safeguarding or preserving its industry and employment, with a view to ensuring raising standards of living and economic development.
Section 7. Implementation, Enforcement, and Final Provisions
Article 7.1. Recognition of Existing Rights and Obligations
The Parties recognize their rights and obligations under the WTO agreements.
Article 7.2. Annexes, Appendices, and Footnotes
The annexes, appendices, and footnotes to this Agreement constitute an integral part of this Agreement.
Article 7.3. Modifications and Amendments
Each Party may request reasonable modifications to this Agreement, which the other Party shall consider in good faith. The Parties may agree, in writing, to amend this Agreement if such amendment does not undermine the benefits of this Agreement or other agreements between the Parties.
Article 7.4. Enforcement and Implementation
1. If either Party considers that the other Party has not complied with a provision of this Agreement, the Party may review the terms of the Agreement and take action in accordance with its law. Prior to taking such an action, a Party shall, when practicable, seek consultations with the other Party.
2. The Parties shall address matters related to the implementation and operation of this Agreement under the United States-Ecuador Trade and Investment Council established under the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Concerning a United States-Ecuador Council on Trade and Investment.
3. Nothing in this Agreement shall prevent, or otherwise constrain, a Party from imposing additional tariffs to remedy unfair trade practices, to address import surges, to protect economic or national security, or for other similar reasons consistent with its law.
Article 7.5. Termination
Either Party may terminate this Agreement by providing written notice of termination to the other Party. Termination shall take effect 30 days after the date of such notification or on another date as the Parties decide. When practicable, a Party shall provide the other Party an opportunity to consult before providing such notice.
Article 7.6. Authentic Languages
The texts of this Agreement in the English language and the Spanish language shall be equally authentic, except for the texts of Schedules 1 and 2.
Article 7.7. Entry Into Force
This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing of the completion of their respective applicable legal procedures, or on such other date as the Parties may decide.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Washington, District of Columbia, this thirteenth day of March, 2026.
For the United States of America:
For the Republic of Ecuador:
Annex I
Schedule 1
Tariff Schedule of Ecuador
General Notes
1. The provisions of this Schedule are generally expressed in terms of the Customs Tariff of
Import and Export of the Republic of Ecuador, and the interpretation of the description and product
coverage of subheadings of this Schedule shall be governed by the “Customs Tariff of the Republic
of Ecuador”. To the extent that provisions of this Schedule are identical to the corresponding
provisions of the Customs Tariff of the Republic of Ecuador, the provisions of this Schedule shall
have the same meaning as the corresponding provisions of the Customs Tariff of the Republic of
Ecuador.
2. The base rates of duty as set out in this Schedule reflect Ecuador’s Most Favored Nation
(MFN) rates of duty in effect on January 1, 2025.
3. Ecuador shall apply a rate of customs duty on originating goods of the United States as
provided in this Schedule.
4. In this Schedule, the following staging categories apply to the elimination or reduction of
customs duties by Ecuador:
(a) customs duties on originating goods provided for in the items in staging category
A0 shall be eliminated entirely, and such goods shall be duty-free on the date of
entry into force of this Agreement;
(b) customs duties on originating goods provided for in the items in staging category
A1 shall remain at the base rates during year one, and such goods shall be dutyfree effective January 1 of year two;
(c) customs duties on originating goods provided for in the items in staging category
A2 shall remain at the base rates during year one. Beginning on January 1 of year
two, these duties shall be eliminated in two equal annual stages, and such goods
shall be duty-free effective January 1 of year three;
(d) customs duties on originating goods provided for in the items in staging category
A3 shall remain at the base rates during year one. Beginning on January 1 of year
two, these duties shall be eliminated in three equal annual stages, and such goods
shall be duty-free effective January 1 of year four;
(e) customs duties on originating goods provided for in the items in staging category
R3,7 shall be reduced to 3.7 percent ad valorem on the date of entry into force of