Limitaciones de los notarios para la prevención del lavado de activos en el Ecuador.

Abstract

This research critically examines the relationship between Ecuador’s economic policy and the notarial service’s role in preventing money laundering. In a dollarized economy, which facilitates the entry and circulation of illicit capital, the risks associated with organized crime and illicit financial flows are significantly heightened. While notaries are traditionally entrusted with conferring public faith to ensure legal certainty, Ecuadorian legislation has also designated them as non-financial reporting entities, responsible for reporting suspicious transactions to the Financial and Economic Analysis Unit (UAFE). The general objective of this study is to analyze the normative, structural, and operational challenges faced by Ecuadorian notaries in money- laundering prevention, with the aim of identifying institutional strengthening mechanisms to enhance their effectiveness. The research follows a qualitative approach, applying the exegetical and dogmatic legal methods, combined with documentary, doctrinal, jurisprudential review and comparative law analysis, in order to contrast the Ecuadorian experience with that of other countries with higher rates of financial crime. The findings reveal a significant gap between legal requirements and the actual capacities of the notarial system, limiting its preventive effectiveness. It is concluded that, although the incorporation of notaries into the anti-money laundering system is legally legitimate, its feasibility depends on regulatory reforms, technical training, and access to technological tools that enable notaries to fulfill their oversight duties in a proportional and effective manner.