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GUATEMALA - BOARD OF DIRECTORS OF THE GUATEMALAN SOCIAL SECURITY INSTITUTE ISSUES NEW REGULATIONS FOR REGISTRATION IN THE SOCIAL SECURITY SYSTEM
Governmental Agreement 9-2023 was published in the Official Gazette on January 16th, 2023, through which the Ministry of Labor and Social Welfare approves Agreement 1529 of the Board of Directors of the Guatemalan Social Security Institute, which contains new Regulations for Regi...
AMENDMENTS TO VAT REGULATION IN ORDER TO ISSUE INVOICES AS "FINAL CONSUMER"
Government Agreement No. 12-2023, published January 9th, 2023, on the Official Gazette, amends Article 30 of VAT Regulation, Government Agreement No. 5-2013, which establishes de following:
Invoices issued to foreign persons that do not have Tax ID, the invoice must be issued ...
CENTRAL AMERICAN IMPORT TARIFF APPLICABLE MODIFICATIONS IN 2023
Through Ministerial Agreement No. 571-2022 of the Ministry of Economy, published in the Official Gazette on 19 December 2022, establishes the new tariff schedules corresponding to the International Trade Agreements ratified by Guatemala.
Based also on Ministerial Agreem...
GUATEMALA WILL CONCLUDE ARBITRATION OF MORE THE 12 YERS WITH TECO HOLDINGS LLC
On November 18, 2022, the Governmental Agreement 282-2022 of the Ministry of Economy was published in the Central American Newspaper, el Diario de Centroamérica, which establishes the settlement agreement whereby Guatemala shall pay approximately US$46 million to Teco Hold...
GUATEMALA MINIMUM WAGE 2023
Today, December 23, 2022, Government Agreement No. 353-2022 of the Ministry of Labor was published in the Official Gazette, which establishes the minimum wage applicable to employers according to their economic activity and district where the workplace is located, which will be i...
ARIAS ADVISED FMO AS LEGAL COUNSEL IN A LOAN AGREEMENT WITH BAC CREDOMATIC IN GUATEMALA FOR THE PROMOTION OF GREEN LOANS
Our firm advised the FMO, Dutch Enterpreneurial Development Bank, (https://www.fmo.nl/) as legal counsel in the structuring of a USD $200 million loan in favor of Banco de America Central (BAC) Credomatic in Guatemala.
The main purpose of this alliance is to increase inc...
GUATEMALA - AMENDMENTS TO VALUE ADDED TAX (VAT) REGULATION IN ORDER TO ISSUE INVOICES AS “FINAL CONSUMER”
Through Government Agreement No. 245-2022, published on October 14th, 2022, in the Official Gazette, amends Article 30 of Value Added Tax Regulation (Government Agreement No. 5-2013), which imposes a new threshold to issue invoices as “Final Consumer” (C.F.) to sales ...
HAVE WE BECOME THE COOKIE MONSTERS™ OF THE VIRTUAL WORLD?
As several of us remember, since the 70s and for some decades, a children's program called Sesame Street® was broadcast on television. Among the characters of this program, there was the "Cookie Monster™" who differed from the others, among other...
GUATEMALA - AMENDMENTS TO THE COLLECTION OF CONTRIBUTIONS TO THE SOCIAL SECURITY REGIME
Through Government Agreement Number 239-2022 of the Ministry of Labor and Social Welfare published in the Diario Oficial (Official Gazette) on September 28 of this year, Agreement 1520 of the Board of Directors of the Guatemalan Institute of Social Security -IGSS- was a...
GUATEMALA - APPROVAL OF DECREE 46-2022 "LAW FOR THE PROMOTION OF FOREIGN CAPITAL INVESTMENT"
By means of Decree 46-2022, the Congress of the Republic approves the "Law for the Promotion of Foreign Capital Investment", published on the 19th of September 2022 in the Diario de Centro América.
Through this Law, Guatemala seeks to position...
GUATEMALA - ENTRY INTO FORCE OF THE NEW INSOLVENCY LAW
The entry into force of the Insolvency Law, Decree 8-2022 of the Congress of Guatemala, on September 6, 2022, implies a total change in the regulations related to insolvency and bankruptcy of individual and legal persons, for both merchants and non-merchants.
 ...
GUATEMALA - TAX INCENTIVES IN NEW MOBILITY LAW
The Congress of the Republic approved the Law on Incentives for Electric Mobility, Decree 40-2022, enacted on August 30, 2022.
Through this law, the Government seeks to comply with the commitments made by Guatemala in terms of improving the environment, therefore by this law the...
GUATEMALA - QUALIFICATION OF GREEN HYDROGEN AS A RENEWABLE ENERGETIC RESOURCE
The Ministry of Energy and Mines’ General Energy Office, through the Ministerial Agreement Number 180-2022, classified green hydrogen as a renewable energetic resource. With this qualification, the owners of energy projects with green hydrogen will be eligible to get the in...
GUATEMALA - SUBSIDY FOR THE FINANCING FOR THE ACCESS TO SOCIAL HOUSING
Decree 27-2022 of the Congress of the Republic, Law of Preferential Interest Rate for the Access to Social Housing, has as an object aiding Guatemalan families to acquire their first house. For such purpose, a subsidy has been established by the State of Guatemala to the interest...
GUATEMALA - REGULATION ON PREVENTION MEASURES TO MITIGATE THE SPREAD OF SARS COV-2 IN THE WORKPLACE
Today, Government Agreement 179-2022 of the Ministry of Labor was published in the Official Gazette, which establishes the provisions to mitigate the spread of SARS COV-2 (COVID) in the workplace, through occupational health and safety provisions that allow safe working condition...
GUATEMALA - MODIFICATIONS TO THE MONTHLY VAT TAX RETURN
On July 6th, SAT gave a press conference stating that the SAT-2237 form has been modified to ease the filling of the monthly VAT returns. From June 1st, 2022, it will not be required to taxpayers to identify its 10 main suppliers in such form, the tax return must be submitted no ...
GUATEMALA - ELECTRONIC INVOICE REGIME -FEL-
Through resolution No. SAT-DSI-1240-2021, published in the Official Gazette, it was established that all VAT taxpayers must issue Electronic Tax Documents (hereinafter DTE) and register under FEL regime no later than July 1st, 2022.
What to expect in the future?
The FEL...
GUATEMALA - SANITARY ALERTS UPDATE
The aforementioned agreement, effective as of its publication, establishes the parameters to determine the level of risk in each municipality and determinate the applicable color for alerts (based on traffic light system), according to the established indicators.
It also regulat...
GUATEMALA - REGULARIZATION PERIOD. ENVIRONMENTAL LICENSE
We remind you that in accordance with Governmental Agreement 137-2016 “Environmental Assessment, Control and Monitoring Regulations” of the Ministry of Environment and Natural Resources, any project, construction, industry or activity regardless of its object must com...
GUATEMALA - DEADLINE FOR ANNUAL SHAREHOLDERS PARTNER MEETINGS 2022
April 30th is the deadline for holding the annual ordinary shareholders' or partners’ meeting required per the Commercial Code, Decree 2-70 of the Congress of the Republic of Guatemala, for all commercial companies.
At said meeting, the financial statements of th...
10 POSITIVE ASPECTS OF THE INSOLVENCY LAW
The Ministry of Economy has presented a series of bills to the Congress of the Republic of Guatemala with the purpose of reactivating the national economy. [1] Among these was Bill number 5446, which proposed a special law on insolvency matters to provide support to natural and l...
GUATEMALA - WORLD CONSUMER RIGHTS DAY
The United Nations (UN) declared March 15 as World Consumer Rights Day in 1983, as a date to commemorate consumer rights and raise awareness about their protection internationally. Since this date, the UN has issued a series of guidelines for consumer protection and invites all c...
GUATEMALA - AMENDMENTS TO THE REGULATIONS OF THE LAW ON COPYRIGHT AND RELATED RIGHTS OF GUATEMALA
On March 8, 2022, Governmental Agreement No. 52-2022 was published in the Official Gazette of Guatemala, which contains amendments to the Regulations of the Law on Copyright and Related Rights of Guatemala.
Amendments are mainly due to the "Marrakesh Treaty to Facilitate Ac...
GUATEMALA - CHARGES EXEMPTION FOR LATE PAYMENT OF CONTRIBUTIONS TO SOCIAL SECURITY
We inform you that through the Government Agreement 53-2022 of the Ministry of Public Health and Social Assistance, published on February 28 of the present year in the Official Journal, new rates are established for technical services provided by the Departments: a) Department of...
GUATEMALA - NEW RATES FOR FOOD REGULATION AND CONTROL SERVICES, PHARMACEUTICALS, RELATED PRODUCTS AND HEALTH ESTABLISHMENTS
We inform you that through the Government Agreement 53-2022 of the Ministry of Public Health and Social Assistance, published on February 28 of the present year in the Official Journal, new rates are established for technical services provided by the Departments: a) Department of...
ARIAS GUATEMALA PROMOTING KEY TALENT IN THE REGION
At Arias, we have always distinguished ourselves by being a firm that promotes its key talent, to achieve together being strategic partners of our clients and making things happen. Preparing and promoting our talent is vital to offer our clients the highest quality stan...
GUATEMALA - EMPLOYER´S ANNUAL REPORT
On February 28th, 2022, the deadline to comply with the obligation to submit the Employer’s Annual Report before Ministry of Labor expires. Every employer, regardless of the economic activity he carries out, must comply with this obligation during the first two months of ea...
GUATEMALA - CHANGES IN THE REGULATIONS REGARDING INSOLVENCIES AND BANKRUPTCY: APPROVAL OF THE LAW ON INSOLVENCIES, BY VIRTUE OF WHICH THE EXISTING REGULATIONS WILL BE BROUGHT UP TO INTERNATIONAL STANDARDS ON SUCH MATTER
On February 8, 2021, the Congress of the Republic of Guatemala approved the Insolvencies Law. Such Law will imply material and important changes to the legal framework applicable to insolvency and bankruptcy procedures, which will be oriented to benefit the reorganization and con...
DATA PRIVACY WEEK - GUATEMALA: WHY SHOULD YOU HAVE A DATA PRIVACY POLICY?
Guatemala does not have a law that addresses the protection of personal data. However, the Constitutional Court has recognized certain parameters that must be observed when processing, deal with and marketing personal data; the Court has also recognized the rights that citizens h...
IVÓN HERNÁNDEZ, LEGAL INFLUENCER BY LEXOLOGY IN THE LAST QUARTER OF 2021
In its most recent publication, Lexology named Ivón Hernández, Senior Associate and market leader.
Ivón has over fifteen years of experience and is head of the IP Department of Arias in Guatemala, offering top legal services relates to trademarks, geographic...
GUATEMALA - MINIMUM WAGE 2022
Access the information on minimum wage updated to 2023, here: https://ariaslaw.com/en/news-in/guatemala-minimum-wage-2023/
On December 17, 2021, Government Agreement No. 278-2021 of the Ministry of Labor was published in the Official Gazette, which establishes the minimu...
GUATEMALA - IMPLEMENTATION OF CUSTOMS SERVICES REASONABLE DOUBT DIGITAL SYSTEM FOR CUSTOMS VALUATION OF GOODS
On November 29th, 2021, the resolution SAT-IAD-005-201 was published in the Official Gazette, through which the Superintendency of Tax Administration (SAT) through the Intendant of Customs agreed to regulate the guidelines and conditions for the digital use of the Customs Service...
GUATEMALA - NEW REGULATION FOR CLINICAL TRIALS IN HUMANS
The Ministry of Public Health and Social Assistance through Ministerial Agreement 206-2021 approves the new Regulations for Clinical Trials in Humans, which are effective from October 30, 2021. Ministerial Agreement 299-2019 of the Ministry of Public Health and Social Assistance,...
GUATEMALA - AUTHORIZATION TO WORK ON REST DAYS AND HOLIDAYS FOR THE YEAR 2022-2023
If the business of your company requires employees to work on weekly rest days and/or holidays, it’s necessary to obtain an authorization from the Ministry of Labor and Social Security. Currently the authorization is granted for a period of two years.
It is importa...
NEW EDITIONS FOR PATENT, TRADEMARK AND INDUSTRIAL DESIGN CLASSIFICATIONS COME INTO FORCE IN GUATEMALA
On September 27, 2021, the following Ministerial Agreements issued by the Ministry of Economy were published in the Official Gazette of Guatemala:
Ministerial Agreement number 396-2021 for the enforcement of the International Patent Classification (IPC), established by...
GUATEMALA - NEW REGULATION FOR WASTE MANAGEMENT
Through Governmental Agreement 164-2021 of the Ministry of Environment and Natural Resources and Ministry of Public Health and Social Assistance, published on August 10 of this year in the Official Journal, the Regulation for the Integral Management of Waste and Common Solid Wast...
ARIAS GUATEMALA: TIER 1 BY IFLR1000 - PROJECT DEVELOPMENT - CORPORATE AND FINANCIAL
Our Project Development and Financial and Corporate practices were ranked as TIER 1 in the thirty-first edition of the IFLR1000 guide, which bases its research not only on transactional evidence but also on good feedback from clients and colleagues, which is e...
GUATEMALA - PROVISIONS FOR THE OPERATION OF THE SERIOUS ADVERSE REACTIONS TO COVID-19 VACCINE ASSESSMENT COMMITTEE
We inform you that through Ministerial Agreement No. 149-2021 of the Ministry of Public Health and Social Assistance published on July 10 in the Official Journal, the provisions for the integration and operation of the Committee for the Evaluation of Serious Adverse Reactions to ...
GUATEMALA - REGULATION FOR THE COMPENSATION MECHANISM FOR THE USE OF VACCINES AGAINST COVID-19 AUTHORIZED FOR EMERGENCY USE
We inform you that through Ministerial Agreement No. 150-2021 of the Ministry of Public Health and Social Assistance published on July 10 in the Official Journal, the Regulation of the compensation mechanism for the use of vaccines against Covid-19 that have authorization for eme...
GUATEMALA STARTS THE WITHDRAWAL FROM THE REGIONAL ELECTRIC MARKET
Through a letter dated July 6th, 2021, the Ministry of Foreign Affairs of Guatemala notified the Central American General Secretary (SICA), the withdrawal from the General Treaty of the Electric Market in Central América, with which Guatemala will no longer be a part of th...
GUATEMALA - DISCLAIMER AND CREATION OF COMPENSATION MECHANISMS FOR THE USE OF VACCINES AGAINST COVID-19 AUTHORIZED FOR EMERGENCY USE BY THE PANDEMIC
Through Decree 8-2021 authorized by the Congress of the Republic and published on July 6 of this year in the official journal, the Law on Exemption from Liability and Creation of the Compensation Mechanism for the Use of Vaccines Against Covid-19 that Have Authorization of Emerge...
GUATEMALA - AMENDMENTS TO THE FREE ZONE LAW (DECREE 65-89)
On July 1st, 2021, Decree 6-2021 of the Congress of the Republic of Guatemala amending the Free Trade Zone Law, decree 65-89, was published in the Official Gazette.
This reform is derived from the Guatemalan Government’s intention to promote an economic reactivatio...
GUATEMALA - APPROVES “LAW FOR THE SIMPLIFICATION OF ADMINISTRATIVE REQUIREMENTS AND PROCEDURES”
Yesterday the Official Gazette published Decree No. 5-2021 of the Guatemalan Congress containing the "LAW FOR THE SIMPLIFICATION OF ADMINISTRATIVE REQUIREMENTS AND PROCEDURES", which will be enforceable 90 days after its publication (that is, on August 31st , ...
ARIAS PROMOTES KEY TALENT - ROSA MARÍA ARENALES WAS APPOINTED PARTNER BOOSTING THE FIRM'S GROWTH IN THE REGION
Rosa María Arenales, has extensive and broad experience in labor counseling and immigration matters. Additionally, she has participated in multiple mergers and acquisitions of national and international companies, providing advice from the due diligence to the acquisitio...
ARIAS GUATEMALA GROWS TO PROVIDE TOP SERVICES TO ITS CLIENTS - FERNANDO ZELADA IS PROMOTED TO SENIOR COUNSEL
Arias Guatemala, opened operations in 1998 and since then has positioned itself as a reference law firm in the country, having renowned lawyers, who with their talent and experience allow to manage the most important matters. Considering the professional growth of lawyers, it i...
GUATEMALA - NEW CENTRAL AMERICAN TECHNICAL REGULATION FOR SANITARY REGISTRATION OF VETERINARY MEDICINAL PRODUCTS
Ministerial Agreement 094-2021 of the Ministry of Economy, published in the Official Journal on March 18 of this year, released the resolution number 436-2020 (COMIECO-XCIII) dated December 10, 2020, through which it was agreed to amend by total replacement the Central American T...
GUATEMALA - SHAREHOLDERS/PARTNERS ANNUAL MEETINGS IN COMMERCIAL COMPANIES
GUATEMALA - DEADLINE FOR ANNUAL SHAREHOLDERS/PARTNER MEETING 2021
April 30th is the deadline for holding the annual ordinary shareholders' or partners meeting required per the Commercial Code, Decree 2-70 of the Congress of the Republic of Guatemala for all comm...
GUATEMALA - CENTRAL AMERICAN COMPETITION REGULATION
Ministerial Agreement 099-2021 of the Ministry of Economy published on March 19 of this year in the Official Journal, released Resolution No. 441-2020 (COMIECO-XCIII) dated December 10, 2020, which approved the Central American Competition Regulation, which entered into force on ...
GUATEMALA ENACTS THE LAW ON LEASING
On 2 March 2021, the Law on Leasing, Decree 2-2021, (hereinafter, “the Law”) was published in the Official Gazette of Guatemala after being enacted and promulgated by the President. This law establishes the general legal framework to regulate leasing operations as wel...
GUATEMALA - INSTRUCTIONS FOR ISSUING THE ELECTRONICALLY CERTIFICATE OF GOOD WORKING PRACTICES "BPL"
On February 26th this year, Ministerial Agreement 64-2021 of the Ministry of Labour and Social Security was published in the Official Gazette, which establishes the Instruction for obtaining the electronically certificate of good labor practices,, which indicate the good lab...
GUATEMALA - AUTHORIZATION OF THE NORM OF EXCEPTION OF LIABILITY AND COMPENSATION FOR SERIOUS ADVERSE REACTIONS ATTRIBUTED TO COVID-19 VACCINES
Ministerial Agreement 40-2021 of the Ministry of Public Health and Social Assistance authorized the Norm of Exception of Liability and Compensation for Serious Adverse Reactions Attributable to Covid-19 Vaccines. This Agreement was published in the Official Journal this year, on ...
GUATEMALA - DEADLINE TO SUBMIT THE EMPLOYER´S ANNUAL REPORT
The deadline to comply with the obligation to submit the Employer's Annual Report before Ministry of Labor will soon expire, per the dates indicated below:
On paper (physical document delivered to the Ministry of Labor): February 26, 2021.
Electronic format -...
GUATEMALA - THE CONGRESS OF GUATEMALA APPROVES, BY DECREE NUMBER 2-2021, THE BILL WITH THE LAW ON LEASING
On 10 February 2021, the Congress of the Republic of Guatemala approved, in third reading, the final draft of bill 4896 which establishes the general legal framework to regulate leasing operations as well as the rights and obligations of the parties engaged in this type of operat...
GUATEMALA - LEGAL COMPLIANCE IN PREVENTION OF MONEY OR OTHER ASSETS LAUNDERING AND TERRORIST FINANCING
Guatemala has signed international conventions and treaties that require the country to have up-to-date legislation to strengthen the prevention and suppression of criminal activities such as money laundering and terrorist financing.
The update seeks to homogenize the cu...
GUATEMALA - REPEAL OF PROVISIONS TO PROCEDURES IN THE DEPARTMENT OF REGULATION AND CONTROL OF PHARMACEUTICAL AND RELATED PRODUCTS DURING THE STATE OF PUBLIC CALAMITY BY COVID-19
On January 13, in the Official Journal was published the Agreement 264-2020 of the Ministry of Public Health and Social Assistance that repeals Ministerial Agreement No. 172-2020 and its reform contained in Ministerial Agreement No. 190-2020, through which it could submit a copy ...
GUATEMALA - MINIMUM WAGE 2021
Access the information on minimum wage updated to 2023, here: https://ariaslaw.com/en/news-in/guatemala-minimum-wage-2023/
Today, December 30, 2020 was published in the Official Gazette of the Government Agreement No. 250-2020 of the Ministry of Labor, which esta...
GUATEMALA - EXTENSION OF THE TERM FOR THE NEW RATES FOR FOOD REGULATION AND CONTROL SERVICES, PHARMACEUTICALS, RELATED PRODUCTS AND HEALTH ESTABLISHMENTS
We inform you that through the Government Agreement 193-2020 of the Ministry of Public Health and Social Assistance, published on December 3 of the present year in the Official Journal, the term for the entry into force of the Government Agreement 179-2020 which creates the new r...
GUATEMALA - NEW RATES FOR FOOD REGULATION AND CONTROL SERVICES, PHARMACEUTICALS, RELATED PRODUCTS AND HEALTH ESTABLISHMENTS
We inform you that through the Government Agreement 179-2020 of the Ministry of Public Health and Social Assistance, published on November 30 of the present year in the Official Journal, new rates are established for technical services provided by the Departments: a) Department o...
GUATEMALA - REFORMS TO THE ELECTRONIC REGISTY INSTRUCTIONS FOR THE INTERNAL LABOR REGULATIONS
On 1 October, 2020, was published in the Official Gazette of the Government Agreement No. 333-2020 of the Ministry of Labor, which establishes reforms to the Electronic Registry Instruction of the Internal Labor Regulations, as regards establishing the 30-business-day p...
GUATEMALA - DEROGATION OF THE GOVERNMENT AGREEMENT NO. 140-2020 OF THE MINISTRY OF LABOR AGREEING TO THE ELECTRONIC PROCEDURE FOR THE REGISTRATION, CONTROL AND AUTHORIZATION OF SUSPENSIONS OF LABOR CONTRACTS BY COVID-19
Today, October 1, 2020 was published in the Official Gazette of the Government Agreement No.338-2020 of the Ministry of Labor, repealing the electronic procedure for registration, control and authorization of work suspensions in order to qualify for the benefit of employment...
GUATEMALA - EXTENSION OF THE DEADLINE FOR SUBMITTING THE REQUIREMENTS FOR UPDATING THE LABEL AND PAMPHLET OF AGRICULTURAL INPUTS
The Ministerial Agreement 802-2020 of the Ministry of the Economy published on September 4 of this year in the Official Journal, issued resolution No. 424-2020 (COMIECO-XC), which adopted changing the first paragraph of Transitory I of the RTCA 65.05.67:18 AGRICULTURAL INPUTS.
&...
GUATEMALA - REGISTRATION AND CANCELLATION PROCEDURE AT THE REGISTRY OF AGENTS AND MAJOR USERS OF THE WHOLESALE ELECTRICITY MARKET - MINISTRY OF ENERGY AND MINES Governmental Agreement 129-2020
On August 31, 2020, the Governmental Agreement number 129-2020 containing the new Procedure for the Registration and Cancellation at the Registry of Agents and Large Users of the Wholesale Electricity Market before the Ministry of Energy and Mines was published in the Official Ga...
GUATEMALA - NEW GOVERNMENT PROVISIONS ON DRUG PRICE CONTROL DURING THE STATE OF PUBLIC CALAMITY BY COVID-19
We inform you that through the Government Agreement 130-2020 of the Ministry of Economy, published on the first of September of this year in the Official Journal, the Government of Guatemala in accordance with the State of Public Calamity establishes maximum sales prices to the c...
GUATEMALA - ESSENTIAL MEDICINES FOR COVID-19 PATIENT CARE
We inform you that through Ministerial Agreement No. 190-2020 of the Ministry of Public Health and Social Assistance published on August 10 in the Official Journal, Article 8 "Post-commercialization Analysis of Essential Medicines" of Ministerial Agreement No. 172-2020 ...
GUATEMALA - PROVISIONS TO BE TAKEN INTO CONSIDERATION FOR THE OPENING OF WORK CENTERS
The Government of the Republic of Guatemala has issued a series of legal provisions, derived from the health crisis as a result of the Covid-19 Pandemic, which must be taken into consideration for the opening of work centers.
Are you aware of the mandatory provisions for the ope...
GUATEMALA - NEW CENTRAL AMERICAN TECHNICAL REGULATIONS (RTCA) FOR PHARMACEUTICAL PRODUCTS
NEW CENTRAL AMERICAN TECHNICAL REGULATIONS (RTCA) FOR PHARMACEUTICAL PRODUCTS. NATURAL MEDICINAL PRODUCTS FOR HUMAN USE. GOOD MANUFACTURING PRACTICES AND ITS VERIFICATION GUIDE
The Ministerial Agreement 745-2020 of the Ministry of Economy published on July 30, 2020 i...
GUATEMALA - NEW REQUIREMENT EMPLOYERS MUST PRESENT TO THE MINISTRY OF LABOR
NEW REQUIREMENT THAT EMPLOYERS MUST PRESENT TO THE MINISTRY OF LABOR FOR SUSPENDED EMPLOYEES TO RECEIVE THE EMPLOYMENT PROTECTION BONUS
On July 23, the Ministry of Labor and Social Security has announced a new requirement for suspended workers to receive the economic ben...
GUATEMALA - NEW PROVISIONS TO PROCEDURES IN THE DEPARTMENT OF REGULATION AND CONTROL OF PHARMACEUTICAL AND RELATED PRODUCTS
On July 6 was published in the Official Gazette the Agreement 172-2020 of the Ministry of Public Health and Social Assistance, which establishes the requirements of documents from abroad that require law passes or apostille during the period of the State of Public Calamity establ...
GUATEMALA: VEHICLE CIRCULATION TAX (ISCV) PAYMENT TERM’S EXTENSION
Decree 24-2020 of the Guatemalan Congress was published on July 6th, 2020. This decree establishes that, as result of the economic impact of COVID-19, the payment term of the Vehicle Circulation Tax (ISCV) will be extended from July 31st, 2020 to October 31st, 2020.
For question...
GUATEMALA: EXTENSION AND AMENDMENT OF THE PRESIDENTIAL PROVISIONS ISSUED DUE TO COVID-19
Today, June 15, 2020, the Extension, Addition and Amendment to the Presidential Provisions during the state of Public Calamity and Mandatory Orders (hereinafter, "Presidential Provisions") was published in the Official Gazette, which will be effective until Monday...
GUATEMALA: EXTENSION AND AMENDMENTS OF THE PRESIDENTIAL PROVISIONS IN THE EVENT OF PUBLIC CALAMITY AND ORDERS FOR STRICT COMPLIANCE
Today, June 1, 2020, the Extension and Amendments of the Presidential Provisions in the event of Public Calamity and Orders for Strict Compliance were published in the Official Journal. First, it establishes that the temporary restrictions indicated in the Presidential Provisions...
GUATEMALA: ADDITIONAL MEASURES TO PROTECT THE POPULATION FROM ECONOMIC EFFECTS CAUSE BY THE COVID-19 PANDEMIC
Decree 15- 2020 of the Congress of the Republic of Guatemala
These economic-financial measures are intended to enable families, as well as micro, small and medium-sized enterprises, to cope with the economic consequences of the emergency generated by COVID-19, allo...
GUATEMALA: AUTHORIZATION FOR THE TRANSPORT OF STAFF DURING THE STATE OF PUBLIC CALAMITY
In accordance with the PRESIDENTIAL PROVISIONS DURING THE STATE OF PUBLIC CALAMITY AND MANDATORY ORDERS issued on May 14 as amended on May 17 (hereinafter the "Provisions"), entities that must continue with their activities without closure option (FOURTH provision), as ...
GUATEMALA - NEW PRESIDENTIAL PROVISIONS
The presidential provisions of April 12 and subsequent ones that were applicable until May 14, 2020 at 24:00 are abrogated.
1. Stay-at-Home order.
i. Strict Stay-at-Home order.
ii. Restriction of freedom of movement, including the transit and circulation of people, crew, passe...
GUATEMALA: SUMMARY OF THE OFFICIAL JOURNAL
Today, the following was published in the Official Journal:
Government Decree No. 8-2020 of the Presidency of the Republic, through which the term of the State of Public Calamity contained in the Government Decree No. 5-2020, which was approved by Decree No. 8-2020 of the...
GUATEMALA: APPROVAL FOR THE DEFERRED PAYMENT OF EMPLOYMENT FEES TO THE GUATEMALAN INSTITUTE OF SOCIAL SECURITY AND THE INSTITUTE OF RECREATION OF WORKERS BY COVID-19
By Agreement 1472 of the Board of Directors of the Guatemalan Social Security Institute –IGSS-, published in the Official Gazette on April 20 of this year, the deferred payment of the private sector employer contributions was agreed for the months of March, April and May 20...
GUATEMALA: COVID-19 DEPARTMENT OF REGULATION AND CONTROL OF PHARMACEUTICALS AND RELATED PRODUCTS DISPOSITIONS
On April 24 of the present year, the Department of Regulation and Control of Pharmaceuticals and Related Products of the Ministry of Public Health and Social Assistance, issued the Jef.DRCPFA-01-2020 statement about documents from abroad that require law passes or apostille for t...
GUATEMALA: GOVERNMENT AGREEMENT 58-2020 - EMPLOYMENT PROTECTION
Through Government Agreement 58-2020 of the Ministry of Economy, the Regulation for the Granting of the Benefit of the Employment Protection Fund was issued, which entered into force on April 17, 2020.
The benefit regulated in said Regulations will be granted to workers in the p...
GUATEMALA: HOLIDAYS OF MAY 1ST AND OCTOBER 20TH EXCLUSION FROM THE LAW THAT PROMOTES INTERNAL TOURISM
On April 17th of this year, the Judgement dated March 17th, 2020 of the Constitutional Court was published on the Official Gazette, which declared Partial General Unconstitutionality of Decree 19-2018 of the Congress of the Republic, Reforms to the Law that Promotes Internal Tour...
GUATEMALA: AGREEMENT NO. 1473 OF THE GUATEMALAN SOCIAL SECURITY INSTITUTE. WORK CERTIFICATE REMOVAL
On April 6, 2020, the Guatemalan Social Security Institute issued Agreement No. 1473 which eliminates the physical and electronic "Work Certificate", as an instrument to prove rights to the Social Security regime and for this purpose authorizes the use of the "Soci...
GUATEMALA - SUMMARY OF THE OFFICIAL JOURNAL 13/04/2020
Today, it was published in the Official Journal, the Presidential Provisions in the event of Public Calamity and Orders for Strict Compliance, dictated by the Presidency of the Republic, which repeal the provisions dictated on March 28 and April 3, 2020, and that will be applicab...
GUATEMALA: ECONOMIC RESCUE ACT FOR FAMILIES AFFECTED BY COVID-19
The Congress of the Republic of Guatemala, in use of its legislative ability approved in a single hearing the Economic Rescue Act for Families Affected by COVID-19, Decree 13-2020 (the “Decree”) declared urgent (pending de sanction, publication and validity), observin...
GUATEMALA: ELECTRONIC PROCEDURE FOR REGISTRATION, CONTROL AND AUTHORIZATION OF TOTAL SUSPENSION OF LABOR AGREEMENTS (WITHOUT PAYMENT OF SALARIES)
On April 7, 2020, Ministerial Agreement 140-2020 of the Ministry of Labor and Social Provision (hereinafter the “Agreement”) was published in the Official Gazette, acknowledging that the state of Public Calamity due to the COVID-19 Pandemic constitutes a cas...
GUATEMALA: AMENDMENT AND EXTENSION OF THE PRESIDENTIAL RULINGS FOR PUBLIC CALAMITY SITUATION AND MEASURES FOR ITS COMPLIANCE
These rulings were issued by the President of the Republic of Guatemala on April 3rd, 2020 and published in the Official Gazette on April 5th, 2020. These rulings amend the rulings issued on march 28th, 2020 and published on March 29th, 2020.
Extension of Restriction and...
GUATEMALA: GUIDANCE FOR TAX EXEMPTIONS APPLIED TO DONATIONS SUBJECT TO IMPORTATION DURING THE COVID-19 PANDEMIC RESOLUTION DG-IAD-DNO-ADU-GDE-54
The Customs Authority of the Guatemalan Tax Administration Office has issued the resolution DG-IAD-DNO-ADU-GDE-54. Such resolution is an administrative guidance for importers of record in connection with the merchandise subject to be imported into national customs territory relat...
GUATEMALA: SUMMARY OF THE OFFICIAL JOURNAL
Today, it was published in the Official Journal the Resolution number 3-2020 of the Congress of the Republic, through which it decided to recommend to the Executive Body the following:
(a) Convene and install a working table with the multilateral banks to analyze and resolv...
GUATEMALA: TAX IMPLICATIONS OF THE EMERGENCY LAW TO PROTECT GUATEMALANS FROM THE EFFECTS OF THE COVID-19 PANDEMIC DECREE 12-2020 OF THE CONGRESS OF THE REPUBLIC OF GUATEMALA
The Emergency Law to Protect Guatemalans from the Effects Caused by the COVID-19 Pandemic, Decree 12-2020 issued by the Congress of the Republic of Guatemala was published in the official gazette on April 1st, 2020 and will come into force from April 2nd. The mentioned Decre...
GUATEMALA: SUMMARY OF THE OFFICIAL JOURNAL
Decree 9-2020 of the Congress of the Republic, through which the Government Decrees 6-2020 and 7-2020 are ratified, in which the state of public calamity is declared for 30 days and extended for 30 additional days. Likewise, it reforms numeral 1, literal c) of article 1 of the ...
GUATEMALA - NEW PRESIDENTIAL DISPOSITIONS FOR THE STATE OF PUBLIC CALAMITY AND ORDERS FOR ITS STRICT COMPLIANCE
On March 29th, 2020, the President of the Republic of Guatemala derogated the presidential provisions which had been issued in the context of Government Decrees numbers 5-2020 and 6-2020, that regulates the state of public calamity, extended through Government Decree number 7-202...
GUATEMALA - STATEMENT ISSUED BY THE MINISTRY OF ECONOMY DATED MARCH 25, 2020
Through the statement issued by the Ministry of Economy dated as of March 25, 2020, the following has been informed:
The activities included under the exception of the prohibitions, such as the energy, pharmaceutical, food, health and personal hygiene industries, may circulate...
GUATEMALA - CLOSING DATE TO SUBMIT THE MANDATORY FORM EXPIRES TODAY MINISTRY OF ECONOMY
On March 25, 2020, the Ministry of Economy of the Republic of Guatemala requested all private entities that requested authorization to operate in the country during the period in which the President of the Republic of Guatemala suspended work and activities of private entities, a...
GUATEMALA: TAX ADMINISTRATION OFFICE’S ACTIVITIES SUSPENSION DUE TO COVID-19 PANDEMIC RESOLUTION SAT-DSI-280-2020
The resolution SAT-DSI-280-2020 issued by the Superintendent of the Tax Administration Office -SAT- was published in the official gazette on March 24, 2020. In said resolution, SAT defers the terms prescribed by Guatemalan tax law related to the compliance of tax obligations such...
GUATEMALA: AMENDMENTS TO THE COMMERCIAL CODE, DECREE 2-70 OF CONGRESS OF THE REPUBLIC
On March 23rd, 2020, the Decree 6-2020 of the Congress of the Republic of Guatemala was published in the Official Gazette which contains amendments to the Guatemalan Commerce Code. With these amendments, the implementation of the digitalized check in the context of negotiable ins...
GUATEMALA: SPECIAL TEMPORARY MEASURES FOR INSTITUTIONS SUBJECT TO SUPERVISION OF THE SUPERINTENDENCE OF BANKS
On March 23rd, 2020 the Resolution JM-32-2020 of the Monetary Board was published in the Official Gazette. This resolution contains certain special temporary measures in view of the circumstances derived from the COVID-19.
By means of these measures, the Monetary Board is instru...
MEASURES TO USERS OF BANKING SERVICES IN GUATEMALA DUE TO THE COVID-19 EMERGENCY
Following up to the resolutions by the Monetary Board on March 19, 2020, by means of the Resolution JM-32-2020 on the temporary flexibility of various provisions of the Regulation for the Administration of Credit Risk so that debtors can meet their credit obligations, on March 20...
GUATEMALA: PROJECT OF REGULATIONS FOR THE COMPREHENSIVE RISK MANAGEMENT OF INSURERS AND REINSURERS
The purpose of the Regulations is to rule the aspects that insurers and reinsurers must observe regarding risk management. The system to be implemented on comprehensive risk management must include the following essential items:
Strategy for comprehensive risk management, esta...
UPDATE ON CURFEW IN GUATEMALA
On March 21st, 2020, the President of the Republic of Guatemala, in Cabinet of Ministers, issued the Governmental Decree number 6-2020, published today March 22nd, 2020 (“Governmental Decree 6-2020”).
The Governmental Decree 6-2020 amends article 5 of the Gov...
CURFEW IN GUATEMALA
The President of the Republic of Guatemala has announced as an additional measure, curfew for the entire national territory.
According to his declarations, the curfew will be in force from this Sunday, March 22nd, 2020 and it will last for 8 days, from 16:00 hours to 4:00 hours ...
POSSIBLE IMPACTS OF COVID-19 ON THE GUATEMALAN FINANCIAL SYSTEM
On March 18, 2020, the President of the Republic of Guatemala presented the National Program for Emergency and Economic Recovery to Congress. In it presentation, the President of the Republic has proposed certain actions that aim to reduce the negative impact that could be genera...
ALERT COVID-19: ADDITIONAL MEASURES IN GUATEMALA DUE TO STATE OF PUBLIC CALAMITY
On March 16, 2020, the President of the Republic of Guatemala ordered the following provisions that come into effect from March 17 at 00:00 hours until March 31 at 24 hours.
Prohibitions:
Work and activities are suspended in the Private and Public sector.
Exceptions:
...
ALERT COVID-19: UPDATE OF MEASURES IMPLEMENTED IN GUATEMALA
The government authorities of Guatemala have implemented the following health measures to prevent the spread of Coronavirus (COVID-19):
Migratory:
Entry restriction: to all nationalities. From 0:00 on March 17, 2020, the country's borders are closed for 15 days. Thi...
MIGRATORY ALERT: NATIONALITIES WITH RESTRICTIONS TO ENTER GUATEMALA
As a health measure to prevent Coronavirus (COVID19), the country´s health and immigrations authorities have announced the measure to restrict the entry to Guatemalan territory for nationals or citizens from:
Travelers from Panama will be screened at La Aurora Inte...
GUATEMALA: STATE OF CALAMITY DUE TO CORONAVIRUS (COVID-19)
GUATEMALA DECREES STATE OF PUBLIC CALAMITY AS A PREVENTION PLAN FOR CORONAVIRUS (COVID-19)
Government Decree 5-2020 of the Presidency of the Republic, which declares State of Public Calamity throughout the Guatemalan territory, was published this Friday, March 6, in ...
GUATEMALA - PROPOSAL FOR AMENDMENTS TO THE COMMERCIAL CODE, DECREE 2-70
On February 25th, 2020, the Congress of the Republic of Guatemala approved, in third reading, the final drafting of the bill number 5411 which contains amendments to the Guatemalan Commerce Code. As part of those amendments, it consolidates the implementation of the digitalized c...
GUATEMALA - PROPOSAL TO AMENDMENTS TO THE LAW OF NON-GOVERNMENTAL ORGANIZATIONS FOR DEVELOPMENT, DECREE 2-2003 AND THE CIVIL CODE, DECREE 106
On February 11th, 2020, the Congress of the Republic of Guatemala approved, in third reading, the final drafting of the bill number 5257 which intends to reform the regulatory framework to which Non-Governmental Organizations -NGOs- are subject in Guatemala. The bill includes ame...
GUATEMALA - NEW CENTRAL AMERICAN TECHNICAL REGULATIONS (RTCA) FOR PROCESSED FOOD AND BEVERAGES. FOOD ADDITIVES
On December 5, 2019, the Council of Ministers for Economic Integration (COMIECO) adopted resolution No. 419-2019 (COMIECO-LXXXIX) which approves the Central American Technical Regulation RTCA 67.04.54:18 Processed Foods and Beverages. Food Additives, which will come into fo...
GUATEMALA - EMPLOYER´S ANNUAL REPORT
The deadline to comply with the obligation to submit the Employer's Annual Report before Ministry of Labor expires on February 28, 2020.
To facilitate compliance with this obligation, the Ministry of Labor on its website makes available to all employers a manual and ...
GUATEMALA - AMMENDMENT TO DECREE 10-2012
EXPENSES MADE BY THE HEADQUARTERS OF AIRLINES OPERATING IN GUATEMALA WILL BE DEDUCTIBLE
Decree 02-2020 of the Congress of the Republic of Guatemala
Dear clients and friends,
On February 10th2020, Decree 02-2020 was published in the Official Gazette, which amends Decree...
THE POTENTIAL OF INVESTMENT COMPANIES IN GUATEMALA
The importance of investments for the economic growth of developing countries such as Guatemala is considerable. In this context, investment companies can play an elementary role as they allow the reduction or distribution of investors' risks by diversifying their investments...
GUATEMALA - NEW REGULATION FOR CLINICAL TRIALS IN HUMANS
The Ministry of Public Health and Social Assistance through Ministerial Agreement 299-2019 approves the new Regulations for Clinical Trials in Humans, which are effective from December 31, 2019.
This Regulation aims to unify the procedures that allow the promotion of policies a...
GUATEMALA: MIGRATORY NEWSLETTER
The National Migration Authority issued new regulations of the Migratory Code, Decree Number 44-2016 of the Congress of the Republic, as detailed below:
National Migration Authority Agreement No. 7-2019 - General Regulation of Migration.
National Migration Authority Agre...
GUATEMALA - INVITATION TO TENDER FOR A CABLE-CAR TRANSPORTATION SERVICE HAS BEEN OPEN IN GUATEMALA
Guatemala is betting on a cable-car, a public transportation service by air cable, to streamline urban mobility the mobility of people and traffic flow.
On January 9, 2020, an invitation to participate in a public procurement process for the granting of a concession for the imp...
GUATEMALA - MINIMUM WAGE 2020
Today, December 30, 2019 was published in the Official Gazette of the Government Agreement No. 320-2019 of the Ministry of Labor, which establishes the minimum wage to be paid in Guatemala to employees dedicated to agricultural, nonagricultural activities and export and maquila a...
GUATEMALA - AGREEMENT FOR THE PROHIBITION TO USE AND DISTRIBUTE SINGLE-USE PLASTIC BAGS
SUMMARY OF THE GOVERNMENTAL AGREEMENT 189-2019
Name: agreement for the prohibition to use and distribute single-use plastic bags in their different presentations, shapes and designs, plastic straws in their different presentations, shapes and designs, including disposable plasti...
GUATEMALA - RESOLUTION OF THE CONSTITUTIONAL COURT REGARDING THE BANKING SECRECY
RESOLUTION OF THE CONSTITUTIONAL COURT REGARDING THE BANKING SECRECY
File 3267-2018
On August 5, 2019, the Constitutional Court issued the ruling that unfavorably resolves the partial general unconstitutionality against article 30 "C" of the Tax Code.
In that...
GUATEMALA - LABOR BULLETIN
By Governmental Agreement 89-2019 was issued the Regulation of the International Labor Organization (ILO) Convention No. 175 which regulates Part-Time Work.
This Regulation comes into force today 5 of July and regulates, inter alia:
The rights of those workers who are h...
DECREE 4-2019 ISSUED BY THE GUATEMALAN CONGRESS
On April 30th, 2019, Decree 4-2019 was published in the Official Gazette in order to reinvigorate the coffee sector and other exportation businesses by modifying the following laws:
Decree 12-2013: The term of the Trust for the Support of the Guatemalan Coffee Producers was ...
PRE-FEASIBILITY STUDY FOR AN UNDERGROUND METRO SYSTEM IN GUATEMALA CITY
We inform you that since April 25th, the Agencia Nacional de Alianzas para el Desarrollo de Infraestructura Económica (ANADIE by its acronym in Spanish) has announced the opening to elaborate observations to the project´s bidding bases to contract the pre-feasibili...
GUATEMALA - MIGRATORY NEWSLETTER
On March 21st, 2019 the National Migration Authority issued various regulations of the Migration Code, Decree Number 44-2016 of the Congress of the Republic, as detailed below:
National Migration Authority Agreement No. 2-2019 - Regulation of the procedure for the protection...
GUATEMALA - OBLIGACIÓN DE AFILIACIÓN AL RÉGIMEN DE FACTURA ELECTRÓNICA (FEL) PARA PROVEEDORES DEL ESTADO
Resolution SAT-DSI-243-2019 was published in the Official Gazette on March 13, 2019. This resolution intends to incorporate the suppliers of the State into the Electronic Invoice Regime (Régimen de Factura Electrónica -FEL-).
The resolution SAT-DSI-243-2019 enter...
GUATEMALA - REGULATION FOR AUTHORIZATION OF SALARY BOOK, BY USING ELECTRONIC COMMUNICATION
On March 15th, 2019, was published in the Official Gazette, the Ministerial Agreement number 124-2019 of the Ministry of Labor, by means of which the unique and obligatory salary book format is created, which is obliged to everything employer who permanently occupies ten or mor...
GUATEMALA - EMPLOYER'S ANNUAL REPORT
The deadline to comply with the obligation to submit the Employer's Annual Report before Ministry of Labor expires on February 2819.
To simplify compliance with this obligation, the Ministry of Labor makes available on its t link so that it can be completed directly online...
GUATEMALA - REFORMS TO THE LAW THAT PROMOTES INTERNAL TOURISM
Reforms to the law that promotes internal tourism
On October 10th, Decree Number 19-2018 of the Congress of the Republic of Guatemala was published in the Official Gazette, through which reforms to Decree 42-2010, Law that Promotes Internal Tourism, were approved.
Accordingly...
METRORIEL PROJECT IN GUATEMALA CITY
Railways of Guatemala -FEGUA-, and The National Agency for the Development of Economic Infrastructure - ANADIE- Informs to all corporations and persons about the:
"Metroriel project in Guatemala City"
This is a project which main purpose is to build a passenger rail...
GUATEMALA - MODERNIZATION, EFFICIENCY AND SECURITY OF THE INTERNATIONAL AIRPORT LA AURORA
The International Airport La Aurora Project
The Ministry of Communication, infrastructure and Housing of Guatemala, The General Authority of Civil Aviation and The National Agency for the Development of Economic Infrastructure - ANADIE-
Invite to all corporations and persons,...
GUATEMALA - AMENDMENTS TO THE REGULATION FOR THE SANITARY CONTROL OF MEDICINES
Amendments to the Regulation for the Sanitary Control of Medicines
and Related Products, Government Agreement 712-99 of the
Ministry of Public Health
On June 13th of this year, Governmental Agreement 104-2018 of the Ministry of Public was published in the Officia...
GUATEMALA - ONLINE ELECTRONIC INVOICE REGIMEN
On May 7th, 2018 the Guatemalan Tax Administration Office (SAT for its acronym in Spanish) published the resolution number 13-2018 which authorizes the Online Electronic Invoicing Regime (FEL Regime for its acronym in Spanish).
This resolution introduces innovation as a key as...
GUATEMALA APPROVES ADHERENCE TO THE CISG
Guatemala approves adherence to the United Nations Convention on Contracts for the International Sale of Goods
On April 19th, 2018, Decree Number 7-2018, containing Guatemala's accession to the United Nations Convention on Contracts for the International Sale of Goods...
GUATEMALA - MERCHANDISE TREATMENT ACCORDING TO THE DEEP INTEGRATION PROCESS
Merchandise treatment according to the deep integration process Guatemala-Honduras
On January 29th, 2018, the Ministry of Economy resolved, through the Ministerial Agreement number 51-2018, to modify that the merchandise that enjoys free circulation would be regulated exclu...
GUATEMALA - EMPLOYER'S ANNUAL REPORT
The deadline to comply with the obligation to submit the Employer's Annual Report before Ministry of Labor expires on February 28, 2018. To simplify compliance with this obligation, the Ministry of Labor makes available on its website the format to follow (clic here to obta...
GUATEMALA - THE MONETARY BOARD AMENDS THE REGULTATION FOR CORPORATE GOVERNANCE
The Monetary Board amends the Regulation for Corporate Governance
of insurance and reinsurance companies
On January 19th, 2018, the resolution JM-2-2018 of the Monetary Board was published in the Official Gazette, amending the resolution JM-62-2016, "Regulation for...
GUATEMALA - PROCEDURE TO IMPOSE ADMINISTRATIVE SANCTIONS DUE TO THE COMMISSION OF LABOR FAULTS
As of January 19, 2018, the General Inspectorate of Labor will initiate the application of the new procedure to impose sanctions in case of commission of labor faults established in the Labor Code. This procedure has been approved by Ministerial Agreement 285-2017 of the Minist...
GUATEMALA - MINIMUM WAGE 2018
Today, December 29, 2017 was published in the Official Gazette of the Government Agreement No. 297-2017 of the Ministry of Labor, which establishes the minimum wage to be paid in Guatemala to employees dedicated to agricultural, nonagricultural activities and export and...
GUATEMALA - MODIFICATION OF THE INCOME TAX REGIME
In Guatemala, lucrative activities engaged by taxpayers are subject to Income Tax ("ISR" by its acronym in Spanish), in accordance with the provisions of Decree 10-2012. Guatemalan taxpayers can choose to register under one of the following regimes:
1. Regime over pr...
GUATEMALA - AUTHORIZATION TO WORK ON REST DAYS AND HOLIDAYS FOR THE YEAR 2018
If the business of your company requires your employees to work on weekly rest days and/or holidays, it's necessary to obtain an annual authorization from the Ministry of Labor and Social Security.
Failure to comply with this obligation constitutes a labor fault that...
GUATEMALA - REFORMS TO THE LAW ON STATE CONTRACTING
On August 4, 2017 was published in the Official Gazette the Government Agreement 172-2017 of the Ministry of Public Finance, which approved amendments to Government Agreement 122-2016 Regulation of the Law on State Contracting.
These reforms will take effect on August 12 of the ...
GUATEMALA - PROTOCOL TO THE SPECIAL AGREEMENT BETWEEN GUATEMALA AND BELIZE
In the Official Gazette of August 9, 2017, the Government of the Republic of Guatemala, published the Protocol of the Special Agreement between Guatemala and Belize were both ratified to submit the Territorial, Insular and Maritime Claim of Guatemala to the International Court ...
ARIAS GUATEMALA, ADVISED ASSICURAZIONI GENERALI, S.P.A IN THE SALE OF ITS SHAREHOLDING IN ASEGURADORA GENERAL, S.A.
Trieste - The Generali Group has entered into an agreement to sell its business in Colombia and has completed the sale of its business in Guatemala. The transactions are part of its strategy to optimize its geographical presence, increase operational efficiency and improve capita...
ARIAS PARTICIPATES AS AN ADVISER IN SYNDICATED CREDIT FOR BANCO DE GUATEMALA
Arias Guatemala provided legal counsel to Banco Latinoamericano de Comercio Exterior, S.A. (Bladex) in connection to a $50 million US dollar syndicated trade facility in favor of Banco de América Central, S.A. (Guatemala). The syndicated trade facility has a three year ter...
GUATEMALA - OBTAINS A FAVORABLE RULING OF ARBITRAL TRIBUNAL IN THE FTA CAFTA-DR LABOR DISPUTE
On June 26, 2017, content of the Arbitral Tribunal's ruling regarding the dispute brought up by the United States of America against Guatemala, within the framework of the CAFTA-DR Free Trade Agreement Labor Chapter, was published. The United States of America claimed...
EXCHANGE OF TAX INFORMATION CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS IN GUATEMALA
The Congress of the Republic of Guatemala published the Decree number9-2017, which ratifies the Convention on Mutual Administrative Assistance in Tax Matters of the Organization for Economic Cooperation and Development (OECD).
The most important aspect of the Convention is the...
GT: ACCESSION OF GUATEMALA TO THE TRADEMARK LAW TREATY AND REGULATIONS (TLT)
On May 29, 2017 the Ministry of Foreign Affairs published the ratification of the Trademark Law Treaty and the Regulations thereunder, which was made by the President of the Republic of Guatemala. The above mentioned Treaty was approved on October 27, 1994 in Geneva, Switzerlan...
EXONERATION OF FINES, DEFAULT INTEREST, OR CHARGES IN GUATEMALA
The Ministry of Public Finance published the Governmental Agreement number 82-2017, which states that the President of the Republic of Guatemala has granted to taxpayers and to responsible people for the compliance with tax obligations an exoneration of fines, default intere...
GUATEMALA - APPROVAL OF PARTIAL MODIFICATION OF ANNEXES TO RTCA 67.04.54:10
Through the Ministerial Agreement No. 126-2017 of the Ministry of Economy, dated March 22nd, 2017, published in the Official Gazette on April 17, 2017, the publication of Resolution No. 379-2016 of the Council of Ministers of Economic Integration of Central America (COMIECO -LXXV...
USE OF ELECTRONIC REGISTRATIONS OF UNIONS OF THE LABOR REGISTRY DEPARTMENT OF THE MINISTRY OF LABOR AND SOCIAL WELFARE IN GUATEMALA
On April 11, 2017, Ministerial Agreement No. 52-2017 of the Ministry of Labor and Social Welfare was published in the Official Gazette, which approved "The Use of Electronic Registration of Unions of the Labor Registry Department of the Ministry of Labor and Social Welfare. ...
INSTRUCTIONS FOR THE RECEPTION OF THE PAYROLL OF EMPLOYERS' WORKERS RELATED WITH THE DECREE N° 28-89 AND DECREE N° 19-2016 OF THE CONGRESS OF THE REPUBLIC OF GUATEMALA
On April 11, 2017, Ministerial Agreement Number 38-2017 of the Ministry of Labor and Social Welfare was published in the Official Gazette, which approved the "Instruction for the reception of the payroll of employees of Individuals or Corporations, Owners of Entities or Comp...
MANUAL FOR THE CREATION, ORGANIZATION AND OPERATION OF BIPARTITE HEALTH AND OCCUPATIONAL SAFETY COMMITTEES IN GUATEMALA
On April 11, 2017, Ministerial Agreement Number 23-2017 of the Ministry of Labor and Social Welfare was published in the Official Gazette, which approved the "Manual for the Creation, Organization and Operation of the Bipartite Health and Occupational Safety Committees"...
BOARD MEMBER OF IMPORTANT GUATEMALAN ORGANIZATIONS JOINS ARIAS AS A PARTNER
José Pivaral, a well-known Guatemalan lawyer with extensive professional experience in the financial sector, has joined Arias Guatemala as a Partner as of April, with the purpose of offering greater value to the firm and its clients.
Mr. Pivaral has extensive experience i...
APPROVAL OF LAW ON ANIMAL PROTECTION AND WELFARE IN GUATEMALA
By the Decree number 5-2017 the Congress of the Republic of Guatemala approved the animal protection and welfare law; whereas such protection and welfare is of public and social interest. The law is applicable for all kinds of animals and it seeks to eliminate acts of cruelty and...
APPROVAL OF PROTOCOL ON SECURITY MEASURES FOR UNION MATTERS IN GUATEMALA
On March 22, 2017 was published in the Official Gazette, the Agreement of the Ministry of Government dated October 27, 2016, which approves the "Protocol for the Immediate and Preventive Security Measures in favor of unionized workers, executives, activists and union leaders...
LABOR CODE AMENDMENTS IN GUATEMALA
By Decree 7-2017 the Congress of the Republic approved on March 16, 2017 amendments to the Labor Code that implement a new system of sanctions for violations of labor laws by the General Labour Inspectorate. Among other matters, the amendment contains the following:
It emphasi...
ARIAS GUATEMALA ANNOUNCES NEW FAMILY CORPORATE GOVERNANCE AND ESTATE PLANNING PRACTICE
Arias Guatemala leads the way to satisfy the needs of its clients opening a new practice in Guatemala: Family Corporate Governance and Estate Planning. The practice will be implemented as of April 2017, and will be led by professionals with experience in such areas of law, in ord...
LIBERATION OF BANKING SECRECY REQUIREMENT FOR BANKING AND FINANCIAL INFORMATION IN GUATEMALA
The Tax Administration Office (SAT) published a press release establishing that information may be required by judicial authorities to individuals and companies. Such information can include: financial records, information about financial transactions, investments and avail...
APPROVED ILO CONVENTION NO. 175 IN GUATEMALA
The Congress of the Republic of Guatemala approved the International Labor Organization (ILO) Convention No. 175 which regulates part-time working agreements, through the Decree 2-2017, published on February 10th, 2017.
The Decree will come into force 8 days after it has been pu...
GUATEMALA - EMPLOYER'S ANNUAL REPORT
On February 28, 2017, the deadline for submitting the Employer's Annual Report before Ministry of Labor expires.
To facilitate the submission of this obligation, the Ministry of Labor has developed a template and made it available on it's website to all employers to foll...
GUATEMALAN INSTITUTE FOR SOCIAL SECURITY EXONERATION IN GUATEMALA
The Governmental Agreement number 10-2017 the Ministry of Labor and Social Security of the Republic of Guatemala authorized the Agreement number 1377 of the Board of Directors of the Guatemalan Institute for Social Security -IGSS- which was published on the Official Gazette on Ja...
UNIQUE IDENTIFICATION DOCUMENT FOR THE IGSS IN GUATEMALA
The Board of Directors of the Social Security Institute of the Republic of Guatemala (IGSS) approved the Agreement Number 1390, which was published in the Official Newspaper on January 2nd, 2017; and came into force since January 10, 2017.
By means of this Agreement, the Board o...
THE IDENTIFICATION CODE (CUI) DOES NOT SUBSTITUTE THE NIT IN GUATEMALA
On January 1, 2017 came into force the article 61 of the Decree 90-2005, which establishes the obligation for all public authorities to adopt progressively the Identification Code (“CUI”) as the exclusive identification number. Nevertheless, the CUI does not substitut...
NEW FEE FOR DAILY ALLOWANCE FOR DISABILITY IN GUATEMALA
The President of the Republic of Guatemala approved the agreement number 1366 of the Board of Directors of the Guatemalan Institute for Social Security by means of the Governmental Agreement number 232-2016. Said Agreements were published on the Official Gazette on December 22, 2...
CHANGE IN MININUM WAGE AS OF JANUARY 1ST, 2017 IN GUATEMALA
Today, December 30, 2016 was published in the Official Gazette of the Government Agreement No. 288-2016 of the Ministry of Labor, which establishes the minimum wage to be paid in Guatemala to employees dedicated to agricultural, nonagricultural activities and export and maquila a...
ARIAS HELPS IN FINANCING OF BANK ACQUISITION IN GUATEMALA
Three Arias offices have acted as legal local counsel for Bladex, Credit Suisse and Deutsche Bank in connection with a syndicated credit facility of up to US$223,000,000.00 for Promerica Financial Corporation, destined to finance the acquisition of Citibank’s credit c...
ARIAS FURTHER STRENGTHENS LABOR PRACTICE
In response to market demand and the continuous efforts to expand and innovate its legal services, Arias Guatemala has strengthened its labor law department by incorporating senior counsel Luis Enrique Solares Larrave, recognized labor attorney and law professor with over 26 year...
GUATEMALA - LAW FOR THE ENHANCEMENT OF FISCAL TRANSPARENCY AND GOVERNANCE OF THE TAX ADMINISTRATION OFFICE
Today the Decree 37-2016 - Law for the Enhancement of Fiscal Transparency and Governance of the Tax Authority was published today in the Official Gazette. Decree 37-2016 includes amendments to the following laws:
Tax Administration Organic Law (Decree 1-98).
Banks and Financi...
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