Ecuador attorney general reaffirms strict ban on gambling

Ecuador’s Attorney General’s Office has reaffirmed that gambling remains illegal in the country, including when it is conducted without profit.

The Attorney General’s Office also indicated that contracts, agreements or debts arising from unauthorized gambling may be considered null and void. Furthermore, it maintained that public authorities cannot issue permits or licenses for activities with an illicit purpose in the civil sphere.

The opinion was issued following an inquiry submitted by the Guayaquil Charity Board through its director, Juan Xavier Cordovéz Ortega, who requested clarification on the legal scope of gambling in the country.

The question posed to the Attorney General’s Office sought to determine whether gambling activities constitute an illicit act under civil law, even when organized on a non-profit basis, and whether the only legal exceptions are those expressly authorized by current regulations.

In that context, the inquiry cited Supreme Decree 130 of 1937, which prohibits games of chance where money or valuables are wagered and outcomes depend solely on luck. Article 2 allows only limited exceptions, including the Guayaquil Charity Board Lottery and certain raffles during civic holidays, Christmas, and New Year’s, provided prizes are non-monetary.

Following its legal analysis, the Attorney General’s Office reiterated that any exception to prohibition must be expressly stipulated by law.

The statement also comes in the context of the opening of a gambling establishment in Guayaquil, which, according to the Ecuadorian Cystic Fibrosis Foundation, operated to raise funds for the organization.

However, its president, Isabel Franco Romero, stated in an interview with local media that she did not know what percentage of the profits would be used for that purpose.

Finally, the Attorney General’s Office clarified that the only current legal exceptions are the lottery administered by the Guayaquil Charity Board and certain raffles authorized during civic and Christmas festivities. It also warned that any new form of gambling would require express regulatory authorization to operate legally in the country.