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Background Notes For Guatemala

U.S. Department of State

Background Notes: Guatemala, March 1998

Released by the Bureau of Inter-American Affairs.

OFFICIAL NAME: Republic of Guatemala

PROFILE

Geography

Area: 108,780 sq. km. (42,000 sq. mi.); about the size of Tennessee.
Cities: Capital--Guatemala City (metro area pop. 2 million). Other major cities--Quetzaltenango, Escuintla.
Terrain: Mountainous, with fertile coastal plain.
Climate: Temperate in highlands; tropical on coasts.

People

Nationality: Noun and adjective--Guatemalan(s).
Population (1996 est.): 10.5 million.
Annual population growth rate: 2.9%.
Ethnic groups: Mestizo (mixed Spanish-Indian), indigenous.
Religions: Roman Catholic, Protestant, traditional Mayan.
Languages: Spanish, 21 Indian languages (principally K'iche', Kakchiquel, K'ekchi, and Mam).
Education: Years compulsory--6. Attendance--41%. Literacy--52%.
Health: Infant mortality rate--79/1,000. Life expectancy--64 yrs.
Work force: 50% of the population engages in some form of agriculture, often at the subsistence level outside the monetized economy. Salaried work force break-down: Services--36%. Industry and commerce--29%. Agriculture--28%. Construction, mining, utilities--4%.

Government

Type: Constitutional Democratic Republic.
Constitution: May 1985; amended November 1993.
Independence: September 15, 1821.
Branches: Executive--president (four-year term). Legislative--unicameral 80-member Congress (four-year term). Judicial--13-member Supreme Court of Justice (five-year term).
Subdivisions: 22 departments (appointed Governors) and Guatemala City.
Major political parties: National Advancement Party (PAN), Christian Democratic (DCG), New Guatemala Democratic Front (FDNG), Guatemalan Republican Front (FRG), and National Union of the Center (UCN).
Suffrage: Universal for adults 18 and over who are not serving on active duty with the armed forces.

Economy

GDP (1997 est.): $16 billion.
Annual growth rate (1997 est.): 4%.
Per capita GDP: 1997 (est.) $1,455.
Natural resources: Oil, timber, nickel.
Agriculture (24% of GDP): Products--corn, beans, coffee, cotton, cattle, sugar, bananas, timber, rice, cardamom, rubber.
Manufacturing (14% of GDP): Types--prepared food, clothing and textiles, construction materials, tires, pharmaceuticals.
Trade (1996): Exports--$2.1 billion: coffee, sugar, meat, cardamom, bananas, fruits and vegetables, petroleum, apparel. Major markets--U.S. 31%, Central American Common Market (CACM) 28%. Imports--$3.15 billion: fuels and lubricants, industrial machinery, motor vehicles, iron, and steel. Major suppliers--U.S. 44%, CACM, and Europe.
Exchange rate (1997 avg.): 6.21 quetzals=U.S.$1.

PEOPLE AND HISTORICAL HIGHLIGHTS

More than half of Guatemalans are descendants of Mayan Indians. Westernized Mayans and mestizos (mixed European and Indian) are known as ladinos. Most of Guatemala's population is rural, though urbanization is accelerating.

The predominant religion is Roman Catholicism, into which many Indians have incorporated traditional forms of worship. Protestantism and traditional Mayan religions are practiced by an estimated 30% of the population. Though the official language is Spanish, it is not universally understood among the indigenous population. However, the peace accords signed in December 1996 provide for the translation of some official documents and voting materials into several indigenous languages (see summary of main substantive accords).

The Mayan civilization flourished throughout much of Guatemala and the surrounding region long before the Spanish arrived, but it was already in decline when the Mayans were defeated by Pedro de Alvarado in 1523-24. During Spanish colonial rule, most of Central America came under the control of the Captaincy General of Guatemala.

The first colonial capital, Ciudad Vieja, was ruined by floods and an earthquake in 1542. Survivors founded Antigua, the second capital, in 1543. In the 17th century, Antigua became one of the richest capitals in the New World. Always vulnerable to volcanic eruptions, floods, and earthquakes, Antigua was destroyed by two earthquakes in 1773, but the remnants of its Spanish colonial architecture have been preserved as a national monument. The third capital, Guatemala City, was founded in 1776, after Antigua was abandoned.

Guatemala gained independence from Spain on September 15, 1821; it briefly became part of the Mexican Empire and then for a period belonged to a federation called the United Provinces of Central America. From the mid-19th century until the mid-1980s, the country passed through a series of dictatorships, insurgencies (particularly beginning in the 1960s), coups, and stretches of military rule with only occasional periods of representative government.

1944 to 1986

In 1944, Gen. Jorge Ubico's dictatorship was overthrown by the "October Revolutionaries"--a group of dissident military officers, students, and liberal professionals. A civilian president, Juan Jose Arevalo, was elected in 1945 and held the presidency until 1951. Social reforms initiated by Arevalo were continued by his successor, Col. Jacobo Arbenz. Arbenz permitted the communist Guatemalan Labor Party to gain legal status in 1952. By the mid-point of Arbenz's term, communists controlled key peasant organizations, labor unions, and the governing political party, holding some key government positions. Despite most Guatemalans' attachment to the original ideals of the 1944 uprising, some private sector leaders and the military viewed Arbenz's policies as a menace. The army refused to defend the Arbenz Government when a group led by Col. Carlos Castillo Armas invaded the country from Honduras in 1954 and eventually took over the government.

In response to the increasingly autocratic rule of General Ydigoras Fuentes, who took power in 1958 following the murder of Col. Castillo Armas, a group of junior military officers revolted in 1960. When they failed, several went into hiding and established close ties with Cuba. This group became the nucleus of the forces that were in armed insurrection against the government for the next 36 years.

Three principal left-wing guerrilla groups--the Guerrilla Army of the Poor (EGP), the Revolutionary Organization of Armed People (ORPA), and the Rebel Armed Forces (FAR)--conducted economic sabotage and targeted government installations and members of government security forces in armed attacks. These three organizations, plus a fourth--the outlawed communist party, known as the PGT--combined to form the Guatemalan National Revolutionary Unity (URNG) in 1982. At the same time, extreme right-wing groups of self-appointed vigilantes, including the Secret Anti-Communist Army (ESA) and the White Hand, tortured and murdered students, professionals, and peasants suspected of involvement in leftist activities.

Shortly after President Julio Cesar Mendez Montenegro took office in 1966, the army launched a major counterinsurgency campaign that largely broke up the guerrilla movement in the countryside. The guerrillas then concentrated their attacks in Guatemala City, where they assassinated many leading figures, including U.S. Ambassador John Gordon Mein in 1968. Between 1966 and 1982, there were a series of military or military-dominated governments.

In March 1982, army troops commanded by junior officers staged a coup to prevent the assumption of power by former Defense Minister Gen. Anibal Guevara, whose electoral victory was marred by fraud. The coup leaders asked Brig. Gen. Efrain Jose Rios Montt to negotiate the departure of presidential incumbent General Lucas Garcia. Rios Montt had been the candidate of the Christian Democratic Party in the 1974 presidential elections and was also widely believed to have lost by fraud. Rios Montt formed a three-member junta that annulled the 1965 constitution, dissolved the Congress, suspended political parties, and canceled the election law. Shortly thereafter, Rios Montt assumed the title of President of the Republic. Responding to a wave of violence, the government imposed a state of siege, while at the same time forming an advisory Council of State to guide a return to democracy. In 1983, electoral laws were promulgated, the state of siege was lifted, political activity was once again allowed, and constituent assembly elections scheduled.

Guerrilla forces and their leftist allies then denounced the new government and stepped up attacks. Rios Montt sought to combat the threat with military actions and economic reforms, in his words, "rifles and beans." The government formed civilian defense forces which, along with the army, successfully contained the insurgency. However, on August 8, 1983, Rios Montt was deposed by the Guatemalan army, and Minister of Defense, Gen. Oscar Humberto Mejia Victores, was proclaimed head of state. General Mejia claimed that certain "religious fanatics" were abusing their positions in the government and that corruption had to be weeded out. Constituent assembly elections were held on July 1, 1984.

On May 30, 1985, after nine months of debate, the constituent assembly finished drafting a new constitution, which took immediate effect. Mejia called general elections. The Christian Democratic Party (DCG) candidate, Vinicio Cerezo, won the presidency with almost 70% of the vote and took office in January 1986.

1986 to 1996

Upon its inauguration in January 1986, President Cerezo's civilian government announced that its top priorities would be to end the political violence and establish the rule of law. Reforms included new laws of habeas corpus and amparo (court-ordered protection), the creation of a legislative human rights committee, and the establishment in 1987 of the office of Human Rights Ombudsman. The Supreme Court also embarked on a series of reforms to fight corruption and improve legal system efficiency.

With Cerezo's election, the military returned to its more traditional role of fighting against the insurgents. The first two years of Cerezo's Administration were characterized by a stable economy and a marked decrease in political violence. Two coup attempts were made in May 1988 and May 1989 by dissatisfied military personnel, but military leadership supported the constitutional order. The government was heavily criticized for its unwillingness to investigate or prosecute cases of human rights violations. The final two years of Cerezo's Government also were marked by a failing economy, strikes, protest marches, and allegations of widespread corruption. The government's inability to deal with many of the nation's problems--such as infant mortality, illiteracy, deficient health and social services, and rising levels of violence--contributed to popular discontent.

Presidential and congressional elections were held on November 11, 1990. After a runoff ballot, Jorge Serrano was inaugurated on January 14, 1991, thus completing the first transition from one democratically elected civilian government to another. Because his Movement of Solidarity Action (MAS) party gained only 18 of 116 seats in Congress, Serrano entered into a tenuous alliance with the Christian Democrats and the National Union of the Center (UCN).

The Serrano Administration's record was mixed. It had some success in consolidating civilian control over the army, replacing a number of senior officers and persuading the military to participate in peace talks with the URNG. He took the politically unpopular step of recognizing the sovereignty of Belize. The Serrano Government reversed the economic slide it inherited, reducing inflation and boosting real growth from 3% in 1990 to almost 5% in 1992. On May 25, 1993, Serrano illegally dissolved Congress and the Supreme Court and tried to restrict civil freedoms, allegedly to fight corruption. The "autogolpe" (or autocoup) failed due to unified, strong protests by most elements of Guatemalan society, international pressure, and the army's enforcement of the decisions of the Court of Constitutionality, which ruled against the attempted takeover.

In the face of this pressure, Serrano fled the country. On June 5, 1993, the Congress, pursuant to the 1985 constitution, elected the Human Rights Ombudsman, Ramiro De Leon Carpio, to complete Serrano's presidential term. De Leon, not a member of any political party and lacking a political base, but with strong popular support, launched an ambitious anti-corruption campaign to "purify" Congress and the Supreme Court, demanding the resignations of all members of the two bodies. Despite considerable congressional resistance, presidential and popular pressure led to a November 1993 agreement brokered by the Catholic Church between the government and Congress. This package of constitutional reforms was approved by popular referendum on January 30, 1994. In August 1994, a new Congress was elected to complete the unexpired term. Controlled by the anti-corruption parties--the Populist Republican Front (FRG) headed by ex-General Efrain Rios Montt, and the center-right National Advancement Party (PAN)--the new Congress began to move away from the corruption that characterized its predecessors.

Under De Leon, the peace process, now brokered by the United Nations, took on new life. The government and the URNG signed agreements on Human Rights (March 1994), Resettlement of Displaced Persons (June 1994), Historical Clarification (June 1994), and Indigenous Rights (March 1995). They also made significant progress on a Socio-economic and Agrarian Agreement.

National elections for President, the Congress, and municipal offices were held in November 1995. With almost 20 parties competing in the first round, the presidential election came down to a January 7, 1996 runoff in which PAN candidate Alvaro Arzu defeated Alfonso Portillo of the FRG by just over 2% of the vote. Arzu won because of his strength in Guatemala City, where he had previously served as mayor, and in the surrounding urban area. Portillo won all of the rural departments. The biggest surprise of the election was the strong showing of the newly formed New Guatemala Democratic Front (FDNG), the first legitimate party of the left to compete in 40 years. The FDNG presidential candidate won almost 8% of the vote, and six FDNG deputies, including several internationally known human rights advocates, were elected to Congress. In the other November races, the PAN won 43 of the 80 seats in Congress and leadership of one-third of the municipal governments. The FRG won 21 seats to become the principal opposition party. The formerly powerful but discredited DCG and UCN elected only seven deputies between them.

GOVERNMENT

Guatemala's 1985 Constitution provides for a separation of powers among the executive, legislative, and judicial branches of government. The 1993 constitutional reforms included a reduction in the number of congressional representatives in the unicameral structure, from 116 to 80, and an increase in the number of Supreme Court justices from nine to 13. The terms of office for president, vice president, and congressional representatives were reduced from five years to four years and for Supreme Court justices from six years to five years.

The president and vice president are directly elected through universal suffrage and limited to one term. Supreme Court justices are elected by the Congress from a list submitted by the bar association, law school deans, a university rector, and appellate judges. The Supreme Court and local courts handle civil and criminal cases. There also is a Constitutional Court.

Guatemala has 22 administrative subdivisions (departments) administered by governors appointed by the president. Guatemala City and 330 other municipalities are governed by popularly elected mayors or councils.

National Security

Guatemala is a signatory to the Rio Pact and is a member of the Central American Defense Council (CONDECA). The president is commander-in-chief. The Defense Minister is responsible for policy. Day-to-day operations are the responsibility of the chief of staff and the national defense staff. An agreement signed in September 1996 (which is one of the substantive peace accords), mandated that the mission of the armed forces change to focus exclusively on external threats, although President Arzu has ordered the army to support the police in response to public concern about a nationwide wave of violent crime. The accord calls for a one-third reduction in the army's authorized strength and budget, and for a constitutional amendment to permit the appointment of a civilian Minister of Defense.

The army has met its accord-mandated target of 33,000, including subordinate air force (1,000) and navy (1,000) elements. It is equipped with armaments and materiel from the United States, Israel, Yugoslavia, Taiwan, Argentina, Spain, and France. As part of the army downsizing, the operational structure of 19 military zones and 3 strategic brigades are being recast as several military zones are eliminated and their area of operations absorbed by others. The air force operates three air bases; the navy has two port bases.

Principal Government Officials

President--Alvaro ARZU Irigoyen
Vice President--Luis Alberto FLORES Asturias
Minister of Foreign Affairs--Eduardo STEIN Barillas
Ambassador to the U.S.--Pedro Miguel LAMPORT
Ambassador to the UN--Julio MARTINI Herrera
Ambassador to the OAS--Alfonso Jose QUINONEZ

The Guatemalan Embassy is at 2220 R Street, NW, Washington, DC 20008 (tel. 202-745-4952). Consulates are in New York, Miami, Chicago, Houston, and Los Angeles, and an honorary consul in New Orleans.

POLITICAL CONDITIONS

Upon taking office, the Arzu Administration made resolution of the 36-year internal conflict before the end of 1996 its highest priority. President Arzu took the bold steps necessary to breathe life into the peace process and to increase civilian control over the military. He traveled to Mexico and El Salvador to meet with guerrilla leaders, thus adding impetus to the peace process and leading to subsequent agreements on: socio-economic/agrarian issues which were signed in May; the strengthening of civil society and the role of the military in a democracy in September; a definitive ceasefire, constitutional and electoral reforms, and an agreement on the reinsertion of the URNG into political life in Guatemala in December. The final agreement, signed on December 29, 1996, contributed significantly to an improvement in Guatemala's human rights (see last page for summary of main substantive accords).

Within two weeks of taking office, President Arzu initiated a major shakeup of the military high command and oversaw the firing of almost 200 corrupt police officials. In September 1996, the government uncovered a large smuggling scheme involving a number of government officials and military and police officers. The case, which is expected to take a number of years to resolve, resulted in the dismissal of several additional military, police, and customs officials. The Arzu Administration also began a series of actions to boost the economy, including a reform of the tax system, and demonopolization and privatization of the electricity and telecommunication sectors.

President Alvaro Arzu has strongly and publicly condemned human rights abuses. Positive political developments and the demobilization of 200,000 members of the Civilian Defense Patrols were major factors in the positive change. In contrast to past years, there was a marked decline in new cases of human rights abuse, but problems remain in some areas. Common crime, aggravated by a legacy of violence and vigilante justice, presents a serious challenge to the government. Impunity remains a major problem, primarily because democratic institutions, including those responsible for the administration of justice, have developed only a limited capacity to cope with this legacy.

The human rights accord signed in March 1994 called for the immediate establishment of a UN Human Rights Verification Mission in Guatemala (MINUGUA), which began to operate in November 1994. The presence of MINUGUA has been a highly positive factor in improving respect for human rights.

ECONOMY

Guatemala's GDP for 1997 is estimated at $16 billion, with real growth of approximately 4%. The government has initiated a number of programs aimed at liberalizing the economy and improving the investment climate. After the signing of the final peace accord in December 1996, Guatemala is well-positioned for rapid economic growth over the next several years.

Guatemala's economy is dominated by the private sector, which generates about 85% of GDP. Agriculture contributes 24% of GDP and accounts for 75% of exports. Most manufacturing is light assembly and food processing, geared to the domestic, U.S., and Central American markets. Over the past several years, tourism and exports of textiles, apparel, and non-traditional agricultural products such as winter vegetables, fruit, and cut flowers have boomed, while more traditional exports such as cotton, sugar, and coffee continue to represent a large share of the export market. The United States is the country's largest trading partner, providing 44% of Guatemala's imports and receiving 31% of its exports. The government sector is small and shrinking, with its business activities limited to public utilities (which are to be privatized) and several development-oriented financial institutions.

Current economic priorities include:

  • Liberalizing the trade and foreign exchange regimes;
  • Simplifying the tax structure, enhancing tax compliance, and broadening the tax base. At less than 8% of GDP, Guatemala's tax burden is among the lowest in the Western Hemisphere;
  • Restraining growth of domestic credit, especially to the public sector;
  • Demonopolizing the electricity and telecommunications sectors and opening them to full private sector participation;
  • Liberalizing the market for petroleum products; and
  • Improving the investment climate through procedural and regulatory simplification and adopting a goal of concluding treaties to protect investment and intellectual property rights.

Import tariffs have been lowered in conjunction with Guatemala's Central American neighbors so that most now fall between 1% and 20%, with further reductions planned. Responding to Guatemala's changed political and economic policy environment, the international community has mobilized substantial resources to support the country's economic and social development objectives. The United States, along with other donor countries--especially France, Italy, Spain, Germany, Japan, and the international financial institutions--have increased development project financing. Donors' response to the need for international financial support funds for implementation of the peace accords is expected to be good.

Problems hindering economic growth include illiteracy and low levels of education; inadequate and underdeveloped capital markets; and lack of infrastructure, particularly in the transportation, telecommunications, and electricity sectors. The distribution of income and wealth remains highly skewed. The wealthiest 10% of the population receives almost one-half of all income; the top 20% receives two-thirds of all income. As a result, more than half the population lives in poverty, and two-thirds of that number live in extreme poverty. Guatemala's social indicators, such as infant mortality and illiteracy, are among the worst in the hemisphere.

FOREIGN RELATIONS

Guatemala's major diplomatic interests are regional security and, increasingly, regional development and economic integration. The Central American Ministers of Trade meet on a regular basis to work on regional approaches to trade issues. In March 1997, Guatemala hosted the second annual Trade and Investment Forum, under the sponsorship of the U.S. Department of Commerce. The two-day event highlighted the growing relationship that Guatemala has with its closest trading partners and offer regional opportunities to foreign investors. In March 1998, Guatemala joined its Central American neighbors in signing a Trade and Investment Framework Agreement (TIFA). Guatemala also originated the idea for, and is the seat of, the Central American Parliament (PARLACEN).

Guatemala participates in several regional groups, particularly those related to the environment and trade. For example, President Clinton and the Central American presidents signed the CONCAUSA (Conjunto Centroamerica-USA) agreement at the Summit of the Americas in December 1994. CONCAUSA is a cooperative plan of action to promote clean, efficient energy use; conserve the region's biodiversity; strengthen legal and institutional frameworks and compliance mechanisms; and improve and harmonize environmental protection standards.

Guatemala long laid claim to Belize; the territorial dispute caused problems with the United Kingdom and later with Belize following its 1981 independence from the U.K. Relations have since improved. In 1986, Guatemala and the U.K. re-established commercial and consular relations; in 1987, they re-established full diplomatic relations. In December 1989, Guatemala sponsored Belize for permanent observer status in the Organization of American States (OAS). In September 1991, Guatemala recognized Belize's independence and established diplomatic ties, while acknowledging that the boundaries remained in dispute. Although Belize has recognized Guatemalan diplomatic representation at the ambassadorial level for several years, the Guatemalan Government did not accredit the first ambassador from Belize until December 1996.

While Belize continues to be a difficult domestic political issue in Guatemala, the two governments have quietly maintained constructive relations. The Arzu Administration has indicated its intent to resolve the dispute with Belize, making it the number one priority now that the final peace accord has been signed. In anticipation of an effort to bring the border dispute to an end, in early 1996, the Guatemalan Congress ratified two long-pending international agreements governing frontier issues and maritime rights.

U.S.-GUATEMALAN RELATIONS

Relations between the United States and Guatemala traditionally have been close, although at times strained by human rights and civil/military issues in earlier periods. U.S. policy objectives in Guatemala include:

  • Supporting the institutionalization of democracy and implementation of the peace accords; Encouraging respect for human rights and the rule of law;
  • Supporting broad-based economic growth and sustainable development, and maintaining mutually beneficial trade and commercial relations;
  • Cooperating to combat narcotics trafficking; and
  • Supporting Central American integration and regional peace efforts.

The United States, as a member of "the Friends of Guatemala," with Colombia, Mexico, Spain, Norway, and Venezuela, played an important role in the UN-moderated peace accords, providing public and behind-the-scenes support. The U.S. strongly supports the six substantive and three procedural accords, which, along with the signing of the December 29, 1996 final accord, form the blueprint for profound political, economic, and social change.

In Costa Rica in May 1997, President Arzu met with President Clinton and his counterparts from Central America, Belize, and the Dominican Republic to celebrate the remarkable democratic transformation in the region and reaffirm support for strengthening democracy, good governance, and promoting prosperity through economic integration, free trade, and investment. The leaders also expressed their commitment to the continued development of just and equitable societies and responsible environmental policies as integral elements of sustainable development.

Tangible support for the implementation of the accords will come from a number of sources. Development assistance through the U.S. Agency for International Development (USAID) is concentrated in programs to strengthen democratic institutions, improve health and education, and protect the environment. The U.S. will also provide up to $25 million dollars in FY 1998 Economic Support Funds, including an immediate grant of $5 million, focused on the most immediate needs associated with the implementation of the peace accords, such as demobilization of the ex-combatants. The U.S. hopes to be able to continue this level of support for another two years. To address the issue of impunity, USAID and the Department of Justice are funding programs to strengthen the courts, the public prosecutor's office, and the civilian police. Other federal agencies such as the Departments of Agriculture, Labor, and the Treasury have programs either in place or in the planning stages to support specific aspects of the peace accords.

The U.S. Government suspended military aid to Guatemala in 1977 following an upsurge in death squad activity and the publication of the Department's first human rights report. Modest training assistance was reinstated in 1983, but suspended again in 1990 in response to the murder of U.S. citizen Michael Devine and the Guatemalan military's lack of cooperation in that investigation. The U.S. Government eliminated access to IMET funds in 1995 over human rights concerns. Currently, Guatemala is eligible for expanded IMET and a program began in 1997.

The United States is Guatemala's largest trading partner, providing 44% of the country's imports and receiving 31% of its exports. U.S. official assistance to Guatemala since 1986 totals about $965 million, and in 1997, the U.S. provided $65 million in bilateral economic development assistance.

More than 150,000 U.S. citizens visit the diverse attractions in Guatemala each year, although as stated in the Consular Information Sheet for Guatemala, "While violent crime has been a serious and growing problem in Guatemala for years, 1997 has seen a marked increase in incidents involving American citizens." When visitors have problems, their first contacts are often with the U.S. Embassy. Whether it is replacing a lost passport, arranging for additional funds to be wired to a visitor in distress, or assisting in locating a lost loved one, the embassy is prepared to help American citizens traveling in Guatemala. Likewise, American businesses find a relatively open and accommodating market in Guatemala, which is particularly receptive to U.S.-origin products. Fifty U.S. businesses have set up assembly plants, while other investors are finding an attractive climate in which to establish their companies.

Principal U.S. Embassy Officials

Ambassador--Donald J. Planty
Deputy Chief of Mission--William Brencick
Political Counselor--Donald Harrington
Economic Counselor--Jeffrey R. Cunningham
Administrative Counselor--Anthony Spakauskas
Defense Attache--Col. Dennis Keller
Military Assistance Group--Col. Joseph Haning
Consul General--Kay Anske
U.S.AID Director--William Stacy Rhodes
Regional Security Officer--Kenneth Sykes
Public Affairs Officer--Alberto Fernandez
Drug Enforcement Administration--Raul Delgado
Agricultural Attache--Suzanne Heinen
Commercial Attache--Brian Brisson

The U.S. Embassy in Guatemala is located at Avenida la Reforma 7-01, Zone 10, Guatemala City (tel. (502) 331-1541); fax (502) 331-8885)

OTHER CONTACT INFORMATION:

U.S. Department of Commerce
International Trade Administration
Trade Information Center
14th & Constitution, NW
Washington, DC 20230
Tel: 800-USA-TRADE
Internet:http://www.ita.doc.gov

American Chamber of Commerce in Guatemala
6a, Avenida 14-77, Zona 10
Apartado Postal 832
Guatemala City, Guatemala
Tel.: 502-366-4822/4716
Fax: 502-368-3106
E-mail: guamcham@ns.guate.net

Caribbean/Latin American Action
1818 N Street, NW, Suite 310
Washington, DC 20036
Tel.: 202-466-7464
Fax: 202-822-0075

The Guatemalan Peace Process

On December 29, 1996, the Government of Guatemala and representatives of the URNG--an umbrella organization grouping four insurgency movements--signed the last of a number of accords, which brought to a close a 36-year long internal conflict, the longest in Latin America. Six of the accords are "substantive." Others focus on procedural matters.

The main substantive accords are:

Human Rights, signed in March, 1994: Aimed at strengthening human rights organizations and ending impunity. It established MINUGUA, the UN human rights monitoring entity, which has been a key element in the restoration of peace, and called for the disbanding of clandestine security forces.

Resettlement, signed in June, 1994: Established objectives for the resettlement and economic integration of displaced peoples into Guatemalan society.

Historical Clarification, signed in June, 1994: Establishes a commission to report on human rights violations committed during the conflict.

Indigenous Rights, signed in March, 1995: Calls for recognition of Guatemala's ethnic, cultural, and linguistic diversity, and for the rights of indigenous people to live by their own cultural norms.

Socio-economic and Agrarian issues, signed in May, 1996: Promotes decentralization and regionalization of government services, urges land reform, protection of the environment, and a more equitable budgetary and taxation policy.

Strengthening Civil Authority and the Role of the Military in a Democratic Society, signed in September, 1996: Calls for improvement, modernization, and strengthening of all three branches of the state. It contains an agreed list of constitutional reforms which the government will propose and limits the armed forces' role to defense of national sovereignty and territorial integrity.

TRAVEL AND BUSINESS INFORMATION

The U.S. Department of State's Consular Information Program provides Travel Warnings and Consular Information Sheets. Travel Warnings are issued when the State Department recommends that Americans avoid travel to a certain country. Consular Information Sheets exist for all countries and include information on immigration practices, currency regulations, health conditions, areas of instability, crime and security, political disturbances, and the addresses of the U.S. posts in the country.

Public Announcements are issued as a means to disseminate information quickly about terrorist threats and other relatively short-term conditions overseas which pose significant risks to the security of American travelers. Free copies of this information are available by calling the Bureau of Consular Affairs at 202-647-5225 or via the fax-on-demand system: 202-647-3000. Travel Warnings and Consular Information Sheets also are available on the Consular Affairs Internet home page: http://travel.state.gov and the Consular Affairs Bulletin Board (CABB). To access CABB, dial the modem number: (301-946-4400 (it will accommodate up to 33,600 bps), set terminal communications program to N-8-1 (no parity, 8 bits, 1 stop bit); and terminal emulation to VT100. The login is travel and the password is info (Note: Lower case is required). The CABB also carries international security information from the Overseas Security Advisory Council and Department's Bureau of Diplomatic Security. Consular Affairs Trips for Travelers publication series, which contain information on obtaining passports and planning a safe trip abroad, can be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone: 202-512-1800; fax 202-512-2250.

Emergency information concerning Americans traveling abroad may be obtained from the Office of Overseas Citizens Services at (202) 647-5225. For after-hours emergencies, Sundays and holidays, call 202-647-4000.

Passport Services information can be obtained by calling the 24-hour, 7-day a week automated system ($.35 per minute) or live operators 8 a.m. to 8 p.m. (EST) Monday-Friday ($1.05 per minute). The number is 1-900-225-5674 (TDD: 1-900-225-7778). Major credit card users (for a flat rate of $4.95) may call 1-888-362-8668 (TDD: 1-888-498-3648).

Travelers can check the latest health information with the U.S. Centers for Disease Control and Prevention in Atlanta, Georgia. A hotline at (404) 332-4559 gives the most recent health advisories, immunization recommendations or requirements, and advice on food and drinking water safety for regions and countries. A booklet entitled Health Information for International Travel (HHS publication number CDC-95-8280) is available from the U.S. Government Printing Office, Washington, DC 20402, tel. (202) 512-1800.

Information on travel conditions, visa requirements, currency and customs regulations, legal holidays, and other items of interest to travelers also may be obtained before your departure from a country's embassy and/or consulates in the U.S. (for this country, see "Principal Government Officials" listing in this publication).

U.S. citizens who are long-term visitors or traveling in dangerous areas are encouraged to register at the U.S. embassy upon arrival in a country (see "Principal U.S. Embassy Officials" listing in this publication). Registering with the embassy may help you to replace lost identity documents or help family members contact you in case of an emergency.

Further Electronic Information:

Department of State Foreign Affairs Network. Available on the Internet, DOSFAN provides timely, global access to official U.S. foreign policy information. Updated daily, DOSFAN includes Background Notes; Dispatch, the official magazine of U.S. foreign policy; daily press briefings; Country Commercial Guides; directories of key officers of foreign service posts; etc. DOSFAN's World Wide Web site is at http://www.state.gov.

U.S. Foreign Affairs on CD-ROM (USFAC). Published on an annual basis by the U.S. Department of State, USFAC archives information on the Department of State Foreign Affairs Network, and includes an array of official foreign policy information from 1990 to the present. Contact the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order, call (202) 512-1800 or fax (202) 512-2250.

National Trade Data Bank (NTDB). Operated by the U.S. Department of Commerce, the NTDB contains a wealth of trade-related information, including Country Commercial Guides. It is available on the Internet (www.stat-usa.gov) and on CD-ROM. Call the NTDB Help-Line at (202) 482-1986 for more information.

[end of document]


Guatemalan History

The area known as Guatemala was conquered (1523-24) by the Spanish under Pedro de Alvarado, who became the first captain general of Guatemala. Guatemala was a region that included most of Central America and was a dependency of the viceroyalty of Mexico. Independence from Spain was attained in 1821, and in 1824, Guatemala became part of the Central American Federation. In 1838 the union broke up, largely due to a revolt against it led by Rafael Carrera, an Indian general who had seized control of Guatemala, which thereupon became an independent country.

Carrera and his immediate successors were Conservatives. In 1871, however, a Liberal caudillo, Justo Rufino Barrios, seized power, and the Liberals remained in control until World War II. Barrios was president from 1873 to 1885, enacted extensive anticlerical legislation, took the first steps toward establishing a national education system, and sponsored the beginning of the coffee industry. From 1871 until 1994, Guatemala was ruled by caudillos, or military dictators, who were associated with either the Conservative party or Liberal party.

The last of these caudillos, Jorge Ubico, was overthrown in 1944. After a provisional regime, Juan Jose Arevalo, a university professor, was called back from exile in Argentina and elected president. Under Arevalo, the country enjoyed political democracy, the organized labor movement was encouraged, the country's first labor code was written, a social security system was introduced, and the government took active steps to encourage industrialization.

In 1951, Arevalo was succeeded by Col. Jacobo Arbenz Guzman, who launched a massive agrarian reform program, which in addition to taking land from a large number of Guatemalan landowners (including President Arbenz himself) also expropriated a substantial portion of the holdings of United Fruit. Among the political parties that appeared in the Arevalo-Arbenz period was the Communist party, which took the name Guatemalan Party of Labor (PGT). Although its representation in Congress remained small, and under Arevalo its influence was very limited, the PGT received friendlier treatment from Arbenz, who at one point suggested that it would in time assume leadership of the Guatemalan revolution. Arbenz forced the reorganization of the labor movement under PGT control and gave party members and sympathizers important positions in his administration, particularly in the social security and agrarian reform systems. Arbenz's activities brought him into direct conflict with both United Fruit and the U.S. administration of Dwight D. Eisenhower. As a consequence, in mid 1954, Col. Carlos Castillo Armas led a United States supported and largely CIA directed revolt, which overthrew Arbenz. This coup also had the aid of Anastasio Somoza, the dictator of neighboring Nicaragua.

For the next 30 years the country was governed principally by military men, and most of the Arevalo-Arbenz reforms were undone, including the agrarian reform and labor legislation. The only civilian president of this period was Julio Cesar Mendez Montenegro, nominee of the Revolutionary Party (PR), organized principally by non-Communist veterans of the Arevalo-Arbenz period, who was elected in 1966. However, although his party had a majority in Congress, he was unable to renew the reforms of the democratic period, or curb the power of the military. From the 1960s on, there existed a leftist guerrilla revolt of varying intensity against the regime, and right-wing "death squads" operated in the cities. Tens of thousands of Guatemalans, most of them civilians, died in political violence. In the early 1980s, in an attempt to undermine support for the guerrillas, more than one million Indian peasants were herded into army run "model villages" and enlisted in civil defense patrols under army control.

President Efrain Rios Montt, a Pentecostal Protestant, seized power in a military coup in 1982, after having been "counted out" when he ran as an opposition candidate for president shortly before. His regime moderated the government terrorism in the cities while intensifying it in the countryside. He too was overthrown, in August 1983. His successor, Brig. Gen. Oscar Humberto Mejia Victores, presided over elections for an assembly to write still another constitution, which provided for a unicameral legislature and a president (both elected for 5-year terms by universal suffrage) and for respect for human rights and an end to military involvement in politics. During his period in office an average of 100 political assassinations and 40 political kidnappings occurred monthly.

In January 1986, the newly elected civilian government of President Cerezo announced that its top priorities would be to end the political violence and establish the rule of law. Reforms included new laws of habeas corpus and amparo (court-ordered protection), the creation of a legislative human rights committee, and the establishment in 1987 of the office of Human Rights Ombudsman. The Supreme Court also embarked on a series of reforms to fight corruption and improve legal system efficiency.

With Cerezo's election, the military returned to its more traditional role of fighting against the insurgents. The first two years of Cerezo's Administration were characterized by a stable economy and a marked decrease in political violence. Two coup attempts were made in May 1988 and May 1989 by dissatisfied military personnel, but military leadership supported the constitutional order. The government was heavily criticized for its unwillingness to investigate or prosecute cases of human rights violations. The final two years of Cerezo's Government also were marked by a failing economy, strikes, protest marches, and allegations of widespread corruption. The government's inability to deal with many of the nation's problems (such as infant mortality, illiteracy, deficient health and social services, and rising levels of violence) contributed to popular discontent.

Presidential and congressional elections were held on November 11, 1990. After a runoff ballot, Jorge Serrano was inaugurated on January 14, 1991, thus completing the first transition from one democratically elected civilian government to another. Because his Movement of Solidarity Action (MAS) party gained only 18 of 116 seats in Congress, Serrano entered into a tenuous alliance with the Christian Democrats and the National Union of the Center (UCN).

The Serrano Administration's record was mixed. It had some success in consolidating civilian control over the army, replacing a number of senior officers and persuading the military to participate in peace talks with the URNG. He took the politically unpopular step of recognizing the sovereignty of Belize. The Serrano Government reversed the economic slide it inherited, reducing inflation and boosting real growth from 3% in 1990 to almost 5% in 1992. On May 25, 1993, Serrano illegally dissolved Congress and the Supreme Court and tried to restrict civil freedoms, allegedly to fight corruption. The "autogolpe" (or autocoup) failed due to unified, strong protests by most elements of Guatemalan society, international pressure, and the army's enforcement of the decisions of the Court of Constitutionality, which ruled against the attempted takeover.

In the face of this pressure, Serrano fled the country. On June 5, 1993, the Congress, pursuant to the 1985 constitution, elected the Human Rights Ombudsman, Ramiro De Leon Carpio, to complete Serrano's presidential term. De Leon, not a member of any political party and lacking a political base, but with strong popular support, launched an ambitious anti-corruption campaign to "purify" Congress and the Supreme Court, demanding the resignations of all members of the two bodies. Despite considerable congressional resistance, presidential and popular pressure led to a November 1993 agreement brokered by the Catholic Church between the government and Congress. This package of constitutional reforms was approved by popular referendum on January 30, 1994. In August 1994, a new Congress was elected to complete the unexpired term. Controlled by the anti-corruption parties (the Populist Republican Front (FRG) headed by ex-General Efrain Rios Montt, and the center-right National Advancement Party (PAN)), the new Congress began to move away from the corruption that characterized its predecessors.

Under De Leon, the peace process, now brokered by the United Nations, took on new life. The government and the URNG signed agreements on Human Rights (March 1994), Resettlement of Displaced Persons (June 1994), Historical Clarification (June 1994), and Indigenous Rights (March 1995). They also made significant progress on a Socio-economic and Agrarian Agreement.

National elections for President, the Congress, and municipal offices were held in November 1995. With almost 20 parties competing in the first round, the presidential election came down to a January 7, 1996 runoff in which PAN candidate Alvaro Arzu defeated Alfonso Portillo of the FRG by just over 2% of the vote. Arzu won because of his strength in Guatemala City, where he had previously served as mayor, and in the surrounding urban area. Portillo won all of the rural departments. The biggest surprise of the election was the strong showing of the newly formed New Guatemala Democratic Front (FDNG), the first legitimate party of the left to compete in 40 years. The FDNG presidential candidate won almost 8% of the vote, and six FDNG deputies, including several internationally known human rights advocates, were elected to Congress. In the other November races, the PAN won 43 of the 80 seats in Congress and leadership of one-third of the municipal governments. The FRG won 21 seats to become the principal opposition party. The formerly powerful but discredited DCG and UCN elected only seven deputies between them.

Within two weeks of taking office, President Arzu initiated a major shakeup of the military high command and oversaw the firing of almost 200 corrupt police officials. In September 1996, the government uncovered a large smuggling scheme involving a number of government officials and military and police officers. The case, which is expected to take a number of years to resolve, resulted in the dismissal of several additional military, police, and customs officials. The Arzu Administration also began a series of actions to boost the economy, including a reform of the tax system, and demonopolization and privatization of the electricity and telecommunication sectors.

President Alvaro Arzu has strongly and publicly condemned human rights abuses. Positive political developments and the demobilization of 200,000 members of the Civilian Defense Patrols were major factors in the positive change. In contrast to past years, there was a marked decline in new cases of human rights abuse, but problems remain in some areas. Common crime, aggravated by a legacy of violence and vigilante justice, presents a serious challenge to the government. Impunity remains a major problem, primarily because democratic institutions, including those responsible for the administration of justice, have developed only a limited capacity to cope with this legacy.

The human rights accord signed in March 1994 called for the immediate establishment of a UN Human Rights Verification Mission in Guatemala (MINUGUA), which began to operate in November 1994. The presence of MINUGUA has been a highly positive factor in improving respect for human rights in Guatemala.


Guatemalan Government

Government of Guatemala

President

Ministries

Ministry of Economics

Ministry of Education

Ministry of Energy and Mines

Ministry of Finance

Ministry of Public Health & Social Services

Ministry of Labor

Governmental Officials

Congress of Guatemala

Guatemalan Armed Forces: Washington D.C.

INSTITUTIONS RELATED TO INTERNATIONAL COMMERCE:

  • NATIONAL COUNCIL ON EXPORTS (CONAPEX)
    The Council makes proposals to the President on national policy regarding the promotion, diversification, and expansion of exports, as well as overseeing policy implementation. CONAPEX is made up of 11 members:

    A. Public Sector

    • Minister of Economy
    • Minister of Finance
    • Minister of Foreign Relations
    • Minister of Agriculture, Livestock, and Food
    • Minister of Communications and Public Works
    • President of the Bank of Guatemala
    B. Private Sector
    Five representatives named by the Guatemalan Chamber of Enterprise (CAEM) from the following sectors:
    • Agriculture
    • Finance
    • Tourism
    • Cooperatives
    • Commerce and Industry
  • NATIONAL EXPORT COORDINATION COMMISSION (CONACOEX)
    CONACOEX coordinates and implements the decisions of CONAPEX, including policies dealing with the promotion, diversification, and expansion of exports. The Commission is made up of one representative from each of the member organizations of CONAPEX.

  • GENERAL OFFICE OF FOREIGN TRADE
    The office is in charge of promoting and developing foreign trade, especially in the area of exports, following the policies and guidelines established by the policy making institutions. The office is the Executive Technical Unit of CONAPEX.

  • INDUSTRIAL POLICY OFFICE
    This Office is charged with promoting and guiding industrial policy, as well as developing activities to encourage industrial growth. It also serves as the qualifying agency for those enterprises seeking benefits under the Law for the Promotion and Development of Export Activities and Drawback, and the Law of Free Trade Zones.

  • STRATEGIC COMMITTEE FOR TEXTILE EXPORTS (EXTEX)
    The Committee proposes policies related to the exportation of textiles, and represents the Ministry of Economy in bilateral and multilateral negotiations related to the promotion of textile exports. The Committee is made up of four representatives from the Ministry of Economy, and four others accredited by the Association of Exporters of Non-traditional Products and appointed by the Ministry of Economy.

  • BANK OF GUATEMALA
    The Central Bank is charged with creating and upholding the most favorable economic conditions leading to the orderly development of the national economy, through the establishment of monetary, exchange, and credit policies.

  • OFFICE OF ECONOMIC INTEGRATION
    Among the Office's duties is to suggest measures to promote active and increasing commercial activity among the countries of Central America and Panama. In addition, it administers the Central American Tariff and Customs System Agreement, suggesting policies to encourage national and regional economic development.

    THE ORGANIZED BUSINESS SECTOR

  • ONE-STOP WINDOW FOR INVESTMENT
    The Ministry of Economy created a "one-stop" office in order to streamline the process of setting up a business for those wishing to invest in Guatemala. Representatives from all state entities involved with forming a company are found at this office.

  • CHAMBER OF ENTERPRISE
    This Chamber is made up of the principal chambers and business associations of the Guatemalan private sector. Its goals are to stimulate the development and promote united efforts of the private sector, concentrating on the small and medium business. Through seminars, members, as well as the public sector, are kept up to date on advances in other countries whose experience is considered useful to Guatemala.

  • GEXPRONT- ASSOCIATION OF EXPORTERS OF NON-TRADITIONAL PRODUCTS
    The Association was founded by a group of entrepreneurs in 1982, as part of the Chamber of Industry, in order to create an effective clearing house for information on non-traditional exports and to promote their growth.

    The Association works in two areas:

    A. Promotion of export strategies and policies through participation in CONAPEX and CONACOEX, as well as plans for exporting, financing, transport, fiscal incentives, commercial policy, etc. Incentives favoring export of non-traditional products to the United States are available under preferential tariff status within the framework of the Caribbean Basin Initiative (CBI) and the Generalized System of Preferences (GSP).

    B. The Association serves its members by providing commercial information, training and technical assistance, markets strategies, promotional events, investment promotion, and access to technology.

  • GUATEMALAN DEVELOPMENT FOUNDATION
    The Foundation is a private, non-profit organization whose goal is the promotion of Guatemala as a nation. FUNDESA established the Business Center in Coral Gables, Florida to promote foreign investment in Guatemala. FUNDESA offers the foreign investor a variety of services and contacts with the Guatemalan private sector.

  • INGUAT - GUATEMALA TOURISM INSTITUTE
    The Institute seeks to advance foreign investment in the area of tourism. At the national level, it is in charge of organizing state investment required for the expansion of planned development areas.

    CONCYT Consejo nacional de Ciencia y Tecnologia (Spanich only).

    The Guatemalan Army (Spanish only).


    Commercial Guide of Guatemala

    Guatemala Commercial Guide


    Treaties to which Guatemala is a Member

    GATT General Agreement on Tarrifs and Trade, 1947

    Summary of the WTO

    The Organization of American States

    Central America - Dominican Republic Free Trade Agreement (Spanish only)

    CACM GENERAL TREATY ON CENTRAL AMERICAN ECONOMIC INTEGRATION BETWEEN GUATEMALA, EL SALVADOR, HONDURAS AND NICARAGUA. SIGNED AT MANAGUA, ON 13 DECEMBER 1960.

    Summary of CACM Legal Instruments of Central American Integracion

    Convention Establishing the Association of Caribbean States

    Guatemala - Chile Investment Agreement

    CONCAUSA Summit of the Americas Agreements, Speeches, and Press Releases Agreements Signed during the Summit Declaration of Principles--English Declaration of Principles--Spanish Plan of Action--English Plan of Action--Spanish Conjunta Centroamerica-USA ...

    WTO The official site

    Latin America Integration Association

    The Latin American Economic System (Spanish only)

    Economic Commission for Latin America and the Caribbean (a commission of the United Nations)

    The United Nations


    Guatemala Labor Law

    Rights and obligations of employers and employees are governed by the Labor Code (Código de Trabajo). Remuneration for services by an employee must be paid in local currency (Quetzales) and may be based by time, task or profit sharing, or percentage on common sales or collections made by the employer. Wages must meet the minimum level established by the government. The minimum wage varies according to type of work. All payroll workers receive two annual bonuses equivalent to one month's salary: one payable at year's end (Christmas Bonus), and the other in July (July Bonus).

    When an employer terminates an employee without just cause, (just cause is defined by the Labor Code and includes dangerous behavior, excessive absenteeism, disclosing commercial secrets, etc.), the employee is entitled to a severance payment calculated on the employee's income, including perquisites, and the length of time the employee has worked for the employer. Proportional Christmas and July Bonus calculations must be included in severance payment. Day shifts may not exceed eight hours per day and forty-four hours per week. Night shifts may not exceed six hours per night and thirty-six hours weekly. Foreign workers require special permission by the Ministry of Labor to work in Guatemala. Approval must be requested prior to arrival in the country. Foreign nationals may comprise no more than ten percent of the company's work force. The combined salaries of non-Guatemalan employees may not exceed fifteen percent of the non-management payroll.


    Guatemala Environmental Law

    An environmental impact study is required before beginning any construction, industrial project, or other activity that could modify or disturb the environment. The study must carried out by qualified technicians, either companies or persons approved and certified by the National Commission on the Environment (CONAMA), and submitted to CONAMA. Stiff fines for non-compliance are applicable.

    Guatemalan legislation prohibits the emission and discharge of polluting matter or agents that may affect the environment. It also prohibits the storage of contaminating or radioactive materials, as well as those products or materials not freely and legally marketed in their countries of origin. The importation of human or animal wastes, treated or untreated, is banned.


    Guatemala's Banking and Finance System

    Foreign banks may establish branches in Guatemala subject to approval by the Monetary Board and the Ministry of Economics. To establish a branch in Guatemala, the foreign bank must have been in operation in its country of origin for at least ten years.

    A minimum initial capital outlay of US$2 million is required for establishing a new bank, which must remain in the Guatemalan branch. Applications must be submitted to the Superintendency of Banks along with the required documents, including balance sheets, profit and loss statement, and a certificate of good standing issued by the corresponding authority of the country of origin. Branches of foreign banks are subject to the same legal regulatory framework as charter banks, as well as the jurisdiction of the Monetary Board and the Superintendency of Banks.

    Foreign branches do not require a board of directors; however, at least one officer in charge of the branch must be domiciled in Guatemala. This officer must be a resident alien or a Guatemalan citizen.

    All loan agreements must be signed and witnessed by a licensed Guatemalan attorney. Loan agreements secured by mortgages or pledges must be signed in a legalized public document before an attorney and duly registered in the Property Registry (Registro de la Propiedad). The Guatemalan Commercial Code provides for several types of notes and drafts which include: promissory notes, bills of exchange, debentures, and checks. Notes and drafts are negotiable and their transaction involves a few simple procedures. The negotiation and transfer of instruments payable to the bearer is effective upon delivery of the instrument. Instruments payable to a specific name or account are negotiated by endorsement and delivery.


    Guatemalan Visas and Immigration

    All immigration matters are regulated by Decree 22-86 which oversees the admission of immigrants and their activities. Unless otherwise exempt from visa requirements pursuant to international agreements, immigrants should apply for a visa to enter Guatemala at a Guatemalan Consulate in their country of origin. Most immigrants enter the country with a tourist visa and later apply for a resident visa should they choose to remain in Guatemala.

    Traveling to Guatemala is easy, both in terms of air transportation and entry requirements. Based on the principle of reciprocity, entry requirements differ for visitors from different countries, as listed below. Tourist cards maybe obtained from an airline serving Guatemala, or at any Guatemalan consulate; the cost is U.S. $5.00.

    Citizens of the following countries require only a valid passport; they DO NOT require a visa or tourist card:

    Argentina, Austria, Belgium, Belize, Costa Rica, Denmark, El Salvador, Spain, Finland, France, Germany, the Netherlands, Honduras, Israel, Italy, Japan, Nicaragua, Norway, Uruguay, the Vatican, Sweden, and Switzerland.

    Citizens of the following countries require a visa or tourist card:

    Canada, Mexico, the United Kingdom, the United States of America.

    Citizens of the rest of the world should contact the nearest Guatemalan consulate for details of entry requirements.

    LEYES DE GUATEMALA RESPECTO A LAS MIGRACIONES

    DECRETOS:

    Decreto Ley N° 22-86 Ley de Migración y Extranjería (10 de enero de 1986)

    Decreto N° 1147 Funciones del Ministerio de Gobernación (18 de febrero de 1957)

    ACUERDOS:

    Acuerdo Gubernativo N° 59-86 Reglamento de la Ley de Migración y Extranjería con sus Reformas (10 de enero de 1986)

    Acuerdo Gubernativo Dirección General de Migración (29 de junio de 1964)

    CONSTITUCIONES:

    Constitución Política de la República de Guatemala (31 de mayo de 1985 - Texto Completo)


    Guatemala's Foreign Investment Law

    Legally establishing a local company in Guatemala is a simple and quick procedure, taking approximately two weeks for provisional registration and a maximum of four months for final registration. A company may begin operations under provisional registration.

    Registration requirements for a local company include the following:

    • A minimum of two persons, individual or corporate, are required to form a company. To operate in most sectors of the economy, there is no requirement for local participation in a Guatemalan company. Likewise, no restrictions are placed on foreign participation . The charter of the company must be executed in a public and notarized document.
    • A certified copy of the charter must be filed with the Commercial Registry (Registro Mercantil) within fifteen days. The company's accountant or accounting firm must be registered with the Ministry of Finance.
    After verifying compliance with legal requirements, the Commercial Registry provisionally registers the company. The company must then publish notification of the registration three times during the thirty days following the granting of provisional registration. The notices must appear in the Official Gazette (Diario de Centro America) and one other newspaper of general circulation. If no opposition is tendered, the Commercial Registry proceeds with final registration.

    TYPES OF GUATEMALAN COMPANIES

    The Guatemalan Commercial Code provides for the following types of companies:
    • General Partnership (Sociedad Colectiva): partners are jointly and severally liable to the full extent of their personal assets.
    • Limited Liability Partnership (Sociedad de Responsabilidad Limitada): maximum of twenty partners, in which each partner is personally liable up to the amount of equity paid in.
    • Limited Partnership (Sociedad en Comandita Simple): formed by two types of partners: one or more general partners who direct business and are jointly and severally liable for debts, and one or more limited partners whose liability is limited to the amount of equity paid in. The limited partners can have no management voice in the operation of the firm.
    • Special Limited Partnership (Sociedad en Comandita por Acciones): same as limited partnership except equity is represented by shares.
    • Corporation (Sociedad Anónima): equity is divided and represented in equal value shares. Responsibility of each stockholder is limited to shares held. The corporation must have a board of directors, or a sole administrator, and must hold an annual meeting whose minutes must be notarized.
    No limitation exists on the number or percentage of foreigners serving on a board of directors of a Guatemalan company. Companies are required to have a legal representative, who must be a resident alien with a work permit or a Guatemalan citizen. Shares may be made out to the stockholder's name or issued to the bearer.

    ESTABLISHING A BRANCH OF A FOREIGN COMPANY

    A company legally established in a country other than Guatemala can register a branch office in Guatemala by meeting the following requirements of the Commercial Registry:
    • Demonstrate that it has been duly organized in accordance with the laws of the country of origin.
    • Present a certified copy of its articles of incorporation, by-laws and amendments.
    • Submit an authenticated copy of the minutes containing the company's decision to operate in Guatemala and to file for registration and approval.
    • Appoint a representative, either a foreign resident with a work permit, or a Guatemalan citizen with sufficient authority, as specified in the company's by-laws, to conduct business and represent the company in legal matters.
    • Deposit the operating capital in a legally registered bank and agree to be liable for business conducted locally.
    • Agree to submit to Guatemala law and the jurisdiction of the Guatemalan courts.
    • Present a declaration of commitment to fulfill all legal obligations prior to withdrawing from Guatemala.
    • Present certified copies of the company's latest financial statements (balance sheets, profit and loss statement).
    All documents must be translated into Spanish by an accredited translator and the sum of US$10.00 (or its equivalent in Quetzales,approx. Q57) paid for each authentication at a Guatemalan Consular Office. All documents must be recorded by a registered Guatemalan attorney prior to being submitted to the Commercial Registry.

    Upon submission, the Commercial Registry will verify compliance with all legal requirements and establish that charter provisions are not contrary to Guatemalan law. Subsequently, three notices of the registration request are published on separate dates within a one-month period in the Official Gazette and one other newspaper. If no opposition is tendered, the documents are submitted to the Ministry of the Interior for approval. Once approved by the Ministry of the Interior, the documents are returned to the Commercial Registry which, after verifying that the operating capital has been duly deposited in an authorized bank, proceeds with registration. The company must initiate operations within a year of the date of registration. The process of filing for registration and approval takes approximately ten months.

    The Drawback Industries Law encourages the manufacture of goods for export to countries outside Central America and regulates the drawback industry under specific classifications. The law offers temporary exemption from tariffs and Value Added Tax on imported raw materials, samples, machinery, equipment and other items. Approval by the Ministry of Economics is required to obtain the benefits granted by this law.

    In addition to traditional incentives and tax holidays, the Drawback Industries Law allows single business to qualify as a stand-alone free trade zone anywhere in the country.

    FREE TRADE ZONES LAW (Decree 65-89)

    A free trade zone is defined as an area of land especially designated, subject to a special customs classification, in which individuals and enterprises manufacture or merchandise goods for export or re-export, or engage in foreign trade services. A free trade zone may be established anywhere in the country by private as well as public enterprises. Private enterprises need approval by the Ministry of Economics. Incentives provided by the Free Trade Zone Law include:

    For manufacturing and service firms established in a free trade zone:
    • Full tax exemption on imports of equipment, machinery, tools, raw materials, inputs, seem-finished products, containers, and packaging used for manufacturing or rendering of services.
    • Full income tax exemption, for a twelve year period, on income from the manufacture or rendering services originating in the free trade zone.
    • Value Added Tax exemption on goods transferred between free trade zones within Guatemala.
    • For businesses located within the free trade zone engaging in commercial activities:
    • Exemption from taxes, custom duties or import charges on commodities and components stored in the free trade zone for their commercialization,
    • Full income tax exemption, for a five year period, on income derived from commercial activities within the free trade zone.
    • Exemption of Value Added Tax, on goods transferred inside and between free trade zones in Guatemala.

    REGISTRATION WITH THE INTERNAL REVENUE SERVICE

    Registration with the Dirección General de Rentas Internas, Guatemala's equivalent of the Internal Revenue Service, is required to obtain the tax identification number (Número de Identificación Tributaria {NIT}). The following documents are required:
    • Copy of the publications in the Official Gazette. . Proof of the provisional registration issued by the Commercial Registry. . Copies of the documents filed with the Commercial Registry.
    • Form DRISR-90, obtained at the Ministry of Finance, supplying general information on the company.
    DISCLOSURE OBLIGATIONS

    A company's annual balance sheet must be published yearly in the Official Gazette. Any change of the company's by-laws, authorized equity, legal representative or purpose must be reported to the Commercial Registry. Liquidation or bankruptcy in the country of origin must be reported to the Dirección General de Rentas Internas.

    TEMPORARY OPERATIONS IN GUATEMALA

    Foreign companies may also request approval from the Commercial Registry for temporary operations in Guatemala for a period of less than two years. A company is required to post a bond and provide proof of being duly organized in its country of origin and must appoint a legal representative in Guatemala.

    OPERATIONS REQUIRING NO REGISTRATION OR AUTHORIZATION

    Foreign companies or individuals do not require any type of registration or approval to do the following:
    • Sell or purchase from independent commercial agents legally established in Guatemala.
    • Purchase orders through agents legally established in Guatemala provided such purchases are subject to confirmation or acceptance abroad.
    • Open or maintain accounts in an authorized Guatemalan bank.
    • Acquire real estate, with the exception of land near international borders and waterfront properties.
    • Grant loans to businesses established in Guatemala.
    • Draw, endorse or contest credit instruments in Guatemala.
    • Participate in any legal action or proceeding before a Guatemalan court or public office.
    All foreign currency transactions must be made through approved financial institutions. A form must be filled out for all transactions involving foreign investments, remittance of dividends and repatriation of capital.

    Other than compliance with applicable taxes, no further controls and restrictions apply to the remittance of profits and repatriation of capital. The foreign currency exchange rate floats freely.


    Intellectual Property Rights In Guatemala

    Trademark protection is acquired through registration with the Patent and Trademark Office of the Ministry of Economics and is granted for a ten year period after which it may be renewed indefinitely. To be eligible for a patent, an invention must be new, innovative, and be suitable for industrial application. Patent registration is valid for a maximum period of fifteen years.


    Guatemalan Taxes

    TAXATION

  • INCOME TAX

    Guatemala's Ministry of Finance considers taxable income to be all income generated by capital, property, services, and rights invested or used in the country as well as income derived from any type of activity taking place in Guatemala. All individuals and companies, domiciled or not in Guatemala, are subject to income tax. . Companies are presently taxed at a flat rate of 30 percent of income after allowable deductions. Allowable deductions include operating expenses and other taxes paid.

    Personal income taxes are computed according to the following table.

    Taxable Income Table * Tax Payable

    FromToFixed SumPercentageOn Excess of
    Taxable Income
    under Q65,000Q 0+ 15 %Q 24,000
    Q65,000Q 180,000Q 6,150+ 20 %Q 65,000
    above Q180,000Q 29,150+ 30 %Q 180,000

    Currently, withholding tax for payments to individuals or businesses not domiciled in Guatemala applies as follows:

    • 12.5 percent on dividends, profits, income or other benefits paid or credited by companies or businesses established in Guatemala.
    • 20 percent on payment or credits of interests, fees, commissions, bonuses, salaries and other benefits.
    • 30 percent on payment or credits for royalties and other remunerations for the use of patents and trademarks and for scientific, economic, financial and technical advise.
  • DEPRECIATION RATES

    Depreciation is determined on a straight line basis. Authorization to exceed the maximum rates established by law may be granted under special circumstances. Yearly depreciation rates allowed:

    Buildings and improvements5%
    Furniture and fixtures1 5%
    Machinery, equipment and vehicles20%
    Tools and computer equipment25%
    Any other depreciable assets10%

  • ANNUAL COMPANY TAX

    Companies domiciled in Guatemala must pay quarterly a 1.5 percent tax on one quarter of the amount resulting after subtracting fiscal credits owed, total liabilities and retained utilities from total assets.

  • VALUE ADDED TAX

    Value Added Tax (Impuesto al Valor Agregado {IVA) is levied at a uniform rate of 10% and is applied, among others, to the following: Sale of movable assets and rights regarding those assets;

    * Services performed in Guatemala; . Goods imported into Guatemala;

    * Sale or rental of real estate.

    Value Added Tax withheld by businesses and owed to the government may be offset in equal amount by the tax paid in other transactions. Application for reimbursement of any remaining credit may be made to the Dirección General de Rentas Internas.

  • STAMP TAX

    Legal documents require a three percent tax on the value of the transaction being documented. The documents subject to this tax include: . Civil and commercial contracts;

    * Documents executed abroad effective in Guatemala; . Public and private documents resulting in the collection, transfer or cancellation of letters of credit, real estate leases and assignments, receipts for insurance premiums and liens; . Receipts for professional services fees when the recipient is not subject to Value Added Tax (IVA); . Receipts for service fees provided by insurance and bonding agents and contracts for future services.

    Transactions subject to Value Added Tax (IVA) are not subject to the Stamp Tax.

  • IMPORT TAXES

    Except for items covered by special incentives or purchased directly by governmental agencies, imports from outside the Central American region are subject to a tariff ranging between 5 and 20 percent ad valorem on CIF value. The Value Added Tax (IVA) is also paid on imports, unless the import falls under special exonerations.


    General Economic Information of Guatemala

    Guatemala's Economic Overview

    Guatemala Economic Policy and Trade Practices Report (1997)

    Guatemala Socio-Economic Data from the Inter-American Development Bank. This is the source for all the hard economic data you need. Slow loading but worth the wait.


    Guatemala Tourism

    The Tourism Law contains important provisions to encourage and develop the tourism industry including the following tax incentives, available for a ten year period to investors in this sector.


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    Doing Business in Latin America
    No claims to original works.
    Web Page written, created, and designed by Douglas Smurr, smurfer@guate.net
    Last Update: September 28, 1998.
    © 1998, all rights reserved.