El servicio notarial ecuatoriano frente a las actividades de prevención y control de los delitos financieros y otros delitos conexos.

Abstract

The prevention of money laundering and prevention of other crimes has required a greater participation of State agencies to fulfill the aforementioned purpose. However, the UAFE, within this task, has incorporated notaries by resolution, a fact that is considered unconstitutional since it threatens the independence of notarial activity. In the same way, it resorts to increasing the workload of notaries with the prevention of economic and administrative sanctions on issues that are not within their competence or part of their training. It is for this reason that the objective of this investigation is to establish the unconstitutionality of this participation of notaries in the role of compliance officers, as well as the repeal of the regulations related to this duty. The methodology used consists in the development of the qualitative modality, predominating the descriptive and exploratory level in relation to the information and the facts of the problem that is the object of study. This research is based on the review of resolutions of the UAFE and on the criteria of professionals interviewed to gain a closer understanding of the impact of the role of compliance officer on notarial independence. The results of this investigation show that the prevention of money laundering and financing of other crimes require true specialists in financial matters of a criminal nature, so the proposal to repeal the role of compliance officer in charge of notaries is feasible.