APPROVED LEGISLATION AND PROVISIONS

  • EXECUTIVE BODY
  • PROVISIONS OF THE PRESIDENT OF THE REPUBLIC OF GUATEMALA         
  • PROVISIONS OF THE MINISTRY OF PUBLIC HEALTH  
  • PROVISIONS OF THE MINISTRY OF ECONOMY        
  • PROVISIONS OF THE GOVERNMENT MINISTRY
  • PROVISIONS OF THE GENERAL REGISTRY OF PROPERTY 
  • PROVISIONS OF THE TELECOMMUNICATIONS SUPERINTENDENCY
  • PROVISIONS OF THE MINISTRY OF LABOR        
  • PROVISIONS OF THE MINISTRY OF ENERGY AND MINES
  • PROVISIONS OF THE MINISTRY OF ECONOMY        
  • PROVISIONS OF THE GOVERNMENT MINISTRY
  • PROVISIONS OF THE GENERAL REGISTRY OF PROPERTY 
  • PROVISIONS OF THE TELECOMMUNICATIONS SUPERINTENDENCY
  • PROVISIONS OF THE MINISTRY OF SOCIAL DEVELOPMENT
  • PROVISIONS OF THE MINISTRY OF PUBLIC FINANCE
  • PROVISIONS OF THE MINISTRY OF AGRICULTURE, LIVESTOCK AND FOOD
  • PROVISIONS OF THE MINISTRY OF COMMUNICATIONS, INFRASTRUCTURE AND HOUSING
  • PROVISIONS OF THE MINISTRY OF EDUCATION
  • GUATEMALAN INSTITUTE OF SOCIAL SECURITY (IGSS)
  • GUATEMALAN INSTITUTE OF IMMIGRATION (IGM)
  • CONGRESS OF THE REPUBLIC OF GUATEMALA
  • SUPERINTENDENCY OF TAX ADMINISTRATION (SAT)
  • MONETARY BOARD
  • PORTS AND FOREIGN TRADE
  • PROVISION OF THE JUDICIAL BODY

 

EXECUTIVE BODY

Government Decree 5-2020, 6-2020 and 7-2020. “State of Public Calamity” throughout the national territory due to the COVID-19 epidemic (originally published on March 6, 2020, and last modified on March 24, 2020)

– The decree declares a State of Public Calamity and grants powers to the President of the Republic to deal with the health crisis.

–  It limits freedom of transit between 16:00 and 4:00 the next day. This measure does not apply to the transport of food, medicines, hygiene products, hydrocarbons, and other goods considered as essential.

–  The measure was extended for another 30 days in the national territory.

Provisions for Public Calamity that compel strict compliance.

– Published on March 29, 2020, the edict repeals and replaces the Presidential Provisions of March 16 and 21, 2020 and extends the curfew established, as well as suspends work and activities in the Executive Branch and the private sector until April 12, 2020. Certain public and private entities are excepted from this suspension and may continue their activities without the option to close or being subject to special hours.

– From 4:00 p.m., April 5 until 12:00 a.m., April 12, 2020, the circulation of persons within the administrative district in which they are domiciled is prohibited. Mobilizations for work are excepted. The curfew remains in effect. Recreation travel during Holy Week is prohibited as is the sale and consumption of alcoholic and fermented beverages in public places from April 5 to April 12. All coronavirus-related provisions previously decreed remain in force.

National Emergency And Economic Recovery Plan, in The Context Of The Covid-19 Health Crisis

– On Wednesday, March 18, 2020, President Alejandro Giammattei appeared before the Congress of the Republic to announce the implementation of the National Program for Emergency and Economic Recovery, in the context of the health crisis of COVID-19.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (April 12, 2020)

– The presidential provisions of March 28, 2020, and those of April 3, 2020, are repealed; the last day of applicability was Sunday, April 12, 2020.

– All inhabitants, individuals or legal entities, private or public, must implement occupational health and private health measures, protocols and recommendations to prevent the spread of COVID-19. The use of masks with necessary levels of protection is mandatory, in any place or public or private space and any type of transportation. Employers in any sector are required to provide the necessary and adequate health and protection equipment for the performance of their activities.

– Attendance at work and activities at State entities, including the Judicial Branch, as well as in the private sector are suspended until Sunday, April 19, 2020. Exceptions apply, such as health or medical services, water supply services, public safety, transportation of media of exchange, air navigation, telecommunications, food industry and agricultural production, among others.

– All shopping centers, related or similar, are closed 24 hours a day. Exceptions apply from 4:00 a.m. to 4:00 p.m. for supermarkets, banks, restaurants providing pass-through window services, etc.

– Public events of any kind, sports, cultural and social activities, as well as urban and extra-urban collective public transport, and prison visits are prohibited. The hoarding of basic necessities, medicines, fuel, and any goods that are necessary or related to combatting COVID-19 is prohibited.

– The closure of national territory borders to entry by air, land or sea is ordered, except for the entrance of Guatemalans, permanent residents, and diplomatic corps members, all of whom must submit to the mandatory quarantine. An exception applies to the entry into the country of cargo transportation for imports and exports.

– The curfew from 2:00 p.m. to 4:00 a.m. remains in effect. The mobility, circulation and transit of inhabitants subject only to their own or current address is limited. Exceptions apply. Likewise, freedom of movement is restricted to people over 60, pregnant women, and sick people, among others.

– Visits for personal, family or social recreation are prohibited in all sectors of the national territory; exceptions apply.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (April 19, 2020)

– The temporary restrictions established on April 12, 2020, remain in force and are mandatory, including the following amendments: i) The time restriction will be between 6:00 p.m. and 4:00 a.m.; ii) Freedom of transit of departments of Guatemala, Sacatepéquez, Chimaltenango and El Progreso is limited only to their departmental constituencies, except for persons working in departments other than their domicile, performing work for companies or entities that must continue providing their services or activities, and who are duly checked and authorized.

Government Decree 8-20 (April 29, 2020)

– The State of Public Calamity declared in Government Decree 5-2020, ratified by Decree 9-2020 of the Congress of the Republic, is extended for 30 days.

– The purchase or contracting of imported goods related to the State of Calamity decreed for COVID 19 is authorized under the Government Procurement Law.

– The National Statistics Institute will immediately form a commission to verify that the prices of goods and supplies to be imported are below the local market price or that they are convenient for the State’s interests.

– The extension of the State of Calamity is decreed because the spread of COVID-19 persists and increases exponentially, putting the lives of the inhabitants at risk.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (April  3, 2020)

– The presidential provisions of April 12, 2020, and reforms of April 19, 2020, and April 26, 2020, are extended. The temporary restrictions will continue in force until Monday, May 11, 2020.

– The ninth presidential provision dated April 12, 2020, corresponding to the restrictions and limitations of locomotion is amended to limit the locomotion, circulation and transit of the inhabitants of the departments of Guatemala, Sacatepéquez, Chimaltenango, El Progreso and Zacapa. Except for the aforementioned departments, the inhabitants of other departments can circulate freely. In addition, people who work in departments other than where they are domiciled are exempt from the restriction.

– The sale of alcoholic and fermented beverages is prohibited from 5:00 p.m. until 4:00 a.m.

– The sixth presidential provision, dated April 12, 2020, is reformed to allow within the hours established in this provision, commercial and service activities in the so-called “social centers” which are defined as establishments or set of establishments, independent of each other on a single floor level which allow direct entry and exit to users or clients who also have access to parking in front of such centers. Customers must maintain security and social distancing measures, as well as all the sanitary measures recommended by the government. The provision does not include prohibited or suspended services.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (May 10, 2020)

– The temporary restrictions established in the Presidential Provisions dated April 12, 2020, amended by Presidential Provisions dated April 19, April 26, and May 3, 2020, remain in force until Monday, May 18, 2020.

– The transportation, circulation, and movement of inhabitants are limited to their own or current address (departmental constituency). Persons working in departments other than their domicile, who perform work in entities or companies that must continue to provide their services or activities, are exempt from the restriction.

– Any individual or legal person, shopping center, organization, or private entity that uses false pretenses in an attempt to qualify to open during restricted hours will be sanctioned according to the law.

– The other provisions remain in force.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (May 14, 2020)

– The presidential provisions of April 12, 2020, and subsequent extensions and reforms are repealed. The edict, which takes effect and is applicable as of Friday, May 15, 2020, establishes strict permanence of the inhabitants in their place of residence, and the restriction of freedom of locomotion, including the transit and circulation of persons, crew, passengers, vehicles, and all types of private land transport, during total confinement and restrictions lasting 53 hours, from 12:00 a.m. Friday, May 15, 2020, to 5:00 a.m. Monday, May 18, 2020.

– Beginning on Monday, May 18, 2020, the freedom of locomotion is limited to remaining in the place of residence, a restriction that includes the transit and movement of people, crew, passengers, vehicles, and all types of private land transport, between 5:00 p.m. and 05:00 a.m. This provision will be in force from May 18, 2020, at 05:00 a.m. to Friday, May 22, 2020, at 05:00 a.m.

– From May 15 to 17, 2020, the inhabitants will only be able to leave for the purchase of food and medicine, from 08:00 a.m. to 11:00 a.m. at the authorized establishments closest to their residence. Throughout the national territory, the freedom of locomotion of persons over 60 years of age, those with chronic or degenerative diseases, women in a state of pregnancy or lactation, and children is restricted.

– The locomotion, circulation, and transit of the inhabitants are restricted to any place in the Republic, by land, air, sea, or any type of travel or transfer of a recreational, social, or family nature. Visiting personal, family, or social recreation is prohibited.

– Professionals and technicians who provide duly accredited health services and people who are undergoing treatment for chronic and degenerative diseases are exempt from the restriction, as are the media and broadcast staff and the lawyer identified and who can demonstrate conclusively the exercise of the profession to assist in a criminal case for a crime or flagrant offense or a case of the presentation of constitutional guarantees.

– Locomotion and assistance to work in state entities, the Executive body, and the private sector are suspended from Friday, May 15, 2020, until a new presidential provision. Exceptions apply.

– In all cases in the public and private sector, teleworking or working from home must be allowed and promoted.

– The continuation of the following are permitted: services and activities, state entities, concessionaires, individuals or legal entities and any kind of entity, national or foreign, that directly or indirectly provide services or activities in the health sector, water supply services, garbage collection, public security, private security and securities companies, air navigation, telecommunications, the national port and airport system, cargo transportation for certain products, the food industry and agricultural production, the pharmaceutical, personal hygiene and energy industries.

– From May 15, 2020, to May 18, 2020, all premises and shopping malls, related or similar, are closed, except for grocery and neighborhood stores, supermarkets, and restaurants providing home delivery. Schedule restrictions apply.

– Other restriction provisions remain in force regarding occupational health, hygiene and safety measures, and borders, among others.

Presidential provisions in case of public calamity and orders for strict compliance (May 17, 2020)

– The provisions apply from Monday, May 18 to Friday, May 22, 2020. On Saturday, May 23 and Sunday, May 24, 2020, pedestrian and vehicular mobility is prohibited, and convenience stores, supermarkets, and authorized shops remain closed.

– The home delivery service by restaurants and supermarkets have no time restriction.

– Commercial banks may open from Monday to Friday from 5:00 a.m. at 5:00 p.m.

– Pedestrian and vehicular mobility is restricted from 5:00 a.m. to 5:00 p.m.

– Markets and supermarkets may open from 6:00 a.m. at 4:00 p.m.

– Free mobility is available for people with chronic diseases who attend treatments, pharmacies, the media, transportation of essential foods, and garbage collectors, among others.

Presidential provisions in case of public calamity and orders for strict compliance (May 24, 2020)

– The provisions apply from Monday, May 25 to Friday, May 29, 2020. On Saturday, May 30 and Sunday, May 31, 2020, pedestrian and vehicular mobility is prohibited, and convenience stores, supermarkets, and authorized shops will remain closed.

– Home delivery by restaurants and supermarkets have no time restriction.

– The banks may open from Monday to Friday from 5:00 a.m. to 5:00 p.m.

– Pedestrian and vehicular mobility is restricted to the hours of 5:00 a.m. to 5:00 p.m.

– Convenience stores and supermarkets may open from 6:00 a.m. to 4:00 p.m.

– Free mobility is permitted by people with chronic illnesses to attend treatment, pharmacies, the media, transportation of essential foods, and garbage collectors, among others.

Government Decree 9-2020 (May 29, 2020)

– The state of public calamity proclaimed in Government Decree 5-2020 dated March 5, 2020, approved by Decree 8-2020 of the Congress of the Republic, amended by Government Decree 6-2020 dated March 21, 2020, extended by Government Decree 7-2020 both ratified by Decree 9-2020 of the Congress of the Republic and extended by Government Decree 8-2020 dated April 20, 2020, approved by Decree 21- 2020 of the Congress of the Republic, is extended for 30 days.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance. (May 31, 2020)

– The temporary restrictions established in Presidential Provisions dated May 14, 2020, and amended on May 17 and 24, 2020, remain in force, until further pronouncement, of mandatory compliance. The provisions take effect from June 1 to 8, 2020.

– The transit of persons is limited between 6:00 p.m. and 5:00 a.m. during which inhabitants must remain at home. The restriction includes the transit and circulation of individuals, crew, passengers, vehicles, and all types of private or passenger land transportation. Exceptions apply.

Presidential Provisions in Light of Public Calamity and Orders for Strict Compliance (June 07, 2020)

– The presidential provisions established on May 14, 2020, and the amendments dated May 17, 24 and 31, 2020, and June 5, 2020, are hereby extended until a further pronouncement of mandatory compliance. The provisions apply from Monday, June 8, 2020.

Government Decree 5-2020, 6-2020 and 7-2020. “State of Public Calamity” throughout the national territory due to the COVID-19 pandemic. (June 14, 2020)

  • Interdepartmental mobility to and from the departments of Guatemala, Sacatepéquez, El Progreso, and San Marcos is totally restricted, except for the transport of food, securities, health, and cargo in general to which the following sequential vehicular permission to circulate will apply:
  • From June 15 to 21, 2020:

a. On Tuesday, Thursday, and Saturday vehicles with plates ending in even numbers may circulate.

b. On Wednesday and Friday vehicles with plates ending in odd numbers may circulate.

c. Sunday total curfew.

  • From June 22 to 28, 2020:

a. On Monday, Wednesday, and Friday vehicles with plates ending in even numbers may circulate.

b. On Tuesday, Thursday, and Saturday vehicles with plates ending in odd numbers may circulate.

c. Sunday total curfew.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance (July 26, 2020)

  • The provisions will be in force for 15 days, from Monday, July 27 to Monday, August 10, 2020.
  • Circulation measures by license plate number are eliminated, mobilization throughout the country will be free.
  • The curfew will be from Monday to Sunday from 9:00 p.m. to 4:00 a.m.
  • There will be no permanent curfew on Sundays.
  • Starting on Monday, August 3, there will be a differentiated working hour for the executive agency offices, from 7:00 a.m. to 3:00 p.m.
  • The COVID-19 alert code comes into force, which will be governed by four colors (green, yellow, orange and red) to address the behavior of the disease locally.
  • Active cases, the number of tests and the percentage of tests that test positive will be counted. Every 15 days the color corresponding to each municipality and department will be determined.
  • Public transportation, restaurants, shopping malls and religious, sports and other events will be reactivated progressively and according to the color of the COVID-19 alert code.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance (August 8, 2020). Click here for more information.

  • The hours to carry out public sector activities and customer service is from 7:00 a.m. to 3:00 p.m.
  • The private sector office activities must take place between 9:00 a.m. and 5:00 p.m.
  • Restaurants can operate according to the Health Alert System and Board, within private sector hours, except for home delivery which is not restricted to any schedule.
  • The sale of alcoholic beverages is prohibited from 7:00 p.m. to 5:00 a.m., as is its consumption in public places.

 

Government Decree (August 26, 2020)

  • The state of public calamity contained in Government Decree 5-2020 dated March 5, 2020, approved by Decree 8-2020 of the Congress of the Republic, amended by Government Decree 6-2020 dated 21, is extended for 30 days. March 2020, extended by Government Decree 7-2020, both ratified by Decree 9-2020 of the Congress of the Republic and extended by Government Decree 8-2020 dated April 20, 2020, approved by Decree 21-2020 of the Congress of the Republic, extended by Government Decree 9-2020, dated May 24 and approved by Decree 22-2020 of the Congress of the Republic, extended by Government Decree 12-2020, dated June 23 and approved by Decree 27-2020 of the Congress of the Republic; and, extended by Government Decree 15-2020, dated July 26 and approved by Decree 28-2020 of the Congress of the Republic.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance (August 26, 2020)

  • Members of societies, associations, foundations, consortiums, non-governmental organizations, cooperatives, workers’ organizations, and other entities legally constituted to hold assemblies, board or member meetings for the exercise of their rights, obligations or functions are exempt from the prohibition on meetings, as long as such meetings observe hygiene and safety measures to prevent the spread of COVID-19.

Presidential Provisions in Case of Public Calamity and Orders for Strict Compliance (September 11, 2020)

  • The opening of air, land and sea borders is available as of September 18, 2020.
  • Persons who enter and leave the country must abide by the provisions of the Ministry of Public Health and Social Assistance of the authority responsible for immigration procedures.

Willful or negligent offenders may be civilly and criminally liable, as well as administratively sanctioned, for any contagion they cause.

Government Agreement 151-2020 (October 30, 2020)

  • The restriction hours for sale and consumption of alcoholic beverages are modified from 9:00 p.m. to 6:00 a.m.

Presidential Communiqué (October 5, 2020)

 

  • An extension of the State of Calamity, which expires on October 5, 20202, will not be requested.

 

PROVISIONS OF THE MINISTRY OF PUBLIC HEALTH

Plan for the prevention, containment, and response to coronavirus cases (COVID-19) in Guatemala

– The plan was prepared by the Ministry of Public Health as the governing body of health in response to the coronavirus.

Ministerial Communications:

– The Ministry of Public Health makes available on its website the requirements for the use of personal protective equipment (PPE) for the new coronavirus (2019-nCoV) in health facilities; International Health Regulations; Health Code; Frequently-asked questions; Information on social networks; Press releases; Know the purpose and scope of the International Health Regulations; Requirements necessary for the notification of a public event; Consult the available epidemiological technical documentation on the coronavirus; Check the global situation reports that WHO publishes daily.

– More information at this link.

Statement 33 (March 14, 2020)

– Provides that: (i) all sports events must be held behind closed doors; (ii) schools are suspended for 3 weeks in private and public sectors; (iii) all religious and Easter activities are suspended; (iv) gatherings of more than 100 people are prohibited; (v) fairs are prohibited; (vi) citizens and residents from the United States and Canada are banned from entering the country; (vii) all work activities must be supervised by the employer and adhered to prevention measures; (viii) samples for the diagnosis of suspected cases of COVID-19 will only be carried out in the health services of the network of the Ministry of Public Health and Social Assistance, Guatemalan Institute of Social Security (IGSS), and Military Medical Center Private Sector; later on, these samples may be transferred to the National Laboratory of Health (LNS).

Statement 42 (March 22, 2020)

– Reaffirms that the National Health Laboratory (LNS) is the only entity authorized to carry out the procedures for the detection of COVID-19.

– This procedure is completely free. Sampling (nasopharyngeal swab) can be performed in any public and private hospital; however, the National Laboratory is the only entity that can diagnose if the sample is positive.

 

PROVISIONS OF THE MINISTRY OF LABOR

Ministerial Agreement 136-2020

– Suspends the computation of the legal terms and periods granted to individuals and ministerial authorities in administrative matters which are the responsibility of the Ministry of Labor, until the termination of the State of Calamity.

Statement dated March 24, 2020

– Occupational health is the responsibility of employers, workers, and unions who are urged to suspend work contracts in the manner, form and time that each individual or collective situation warrants.

– https://www.mintrabajo.gob.gt/

Ministerial Agreement 140-2020 (March 23, 2020)

– The state of calamity decreed by the Government is declared a case of force majeure. The agreement is of temporary application, while the circumstances of the COVID-19 subsist, which operate as grounds for the total individual or collective suspension of workers.

– The Electronic Procedure for the Registration, Control and Authorization of Collective Suspensions of Labor Contracts is created before the General Labor Inspection, through its electronic portal: www.mintrabajo.gob.gt

– The suspension request must be substantiated with the supporting documents indicated on the platform. The employer will be responsible for the information provided to request the individual or collective suspension. The General Labor Inspection may carry out inspections of the workplaces of those who request the suspension.

– The requests for collective work suspension that were entered before this agreement, must be re-entered through the respective form.

Ministerial Press release dated April 16, 2020.

– The Ministry of Labor informs that the suspension of employment contracts for pregnant workers will not be authorized. Only suspensions of employment contracts processed and authorized under MINTRAB Ministerial Agreement No.140-2020 will be taken into account to grant the employment protection bonus of Q. 75.00 per day.

Ministerial Agreement 202-2020 (May 17, 2020)

– The procedure for Registration and Authorization of Suspension of Labor Contracts is reformed. The Ministry of Labor and Social Welfare, on its electronic portal, makes the hyperlink available where the registration of the request for suspension of the employment contract will be made, complying with the requirements indicated therein.

– The employer is responsible for the legality and legitimacy of the documents that are attached in electronic format, as well as the veracity of the facts that they declare in the electronic form and the request for suspension of employment contracts.

Ministerial Agreement 273-2020 (July 30, 2020)

  • The Ministry of Labor and Social Welfare will resume work and service to the public on August 3, 2020.
  • The Ministerial Agreement 136-2020 that suspended the calculation of legal terms and deadlines is repealed and the calculation of terms and business days is resumed

Announcement dated August 10, 2020

  • All documents related to Occupational Health and Safety will be received at the Ministry of Labor and Social Security during restricted hours from 7:00 a.m. to 2:30 p.m.

 

Monday and Friday

Receipt and delivery of minute books

Tuesday

Receipt of Occupational Health and Safety Plans (No Covid-19).

SSO Monitor Registration Receipt

Wednesday

Receipt of Registration of various Professionals in SSO

Thursday

Attention to Doctors

 

Ministerial Agreement (September 30, 2020)

  • Ministerial Agreement 140-2020 and its reforms to the Ministry of Labor and Social Welfare are repealed, which creates the “Electronic Procedures for Registration, Control and Authorization of Suspensions of Work Contracts” to qualify for the benefit of “Fund for the Protection of Employment.”

 

PROVISIONS OF THE MINISTRY OF ENERGY AND MINES

Statement dated March 26, 2020

-The entire chain of production, distribution, transport, and commercialization of electrical energy and hydrocarbons is not subject to the curfew.

 

PROVISIONS OF THE MINISTRY OF SOCIAL DEVELOPMENT

Governmental Agreement 57-2020 (April 16, 2020)

– The authorities have agreed upon the regulation of the “Family Bond” fund to develop and facilitate its application according to Decree 13-2020 of the Congress of the Republic. The conditions and the procedure by which the bond will be paid to the neediest families are established.

Ministerial Agreement 144-2020 (June 1, 2020)

– The purpose of the agreement is to regulate the national strategy to control the transmission and effects of SARS COV-2 and the population actions that must be taken to de-escalate the confinement measures and enable a conditional reopening, with the aim of resuming productive lives and the national economy.

Ministerial Agreement 187-2020 (July 25, 2020)

  • Approves the Health Alerts system for the COVID pandemic.

Ministerial Agreement 215-2020 (August 24, 2020)

  • Modifies the Annex of Ministerial Agreement 187-2020 dated July 25, 2020 that approves the COVID-19 Pandemic Care Health Alerts system. The modification consists of extending the suggested time for religious meetings from 30 minutes to 1 hour.

National Guideline for the prevention of COVID-19 for International Travel to and from Guatemala (September 18, 2020). Click here for more infornation.

  • Protocols to follow for the entry of nationals and foreigners by air, land or sea are as follows:
  • Airway:
    • Negative PCR, no more than 72 hours before (applies to persons 10 years and older) for passengers entering the national territory.
    • Use of a mandatory mask for persons over 2 years old (Airlines must provide those who do not wear them). Passengers with severe respiratory or cognitive difficulties who cannot tolerate them are excepted from the use of masks.
    • For passengers who leave the national territory, they must comply with the requirements of the destination country: https://www.iatatravelcentre.com/world.php
  • Land Route (foreigners):
    •  Required Tests: Negative PCR test, no more than 72 hours in advance (applies to persons 10 years or older) for passengers entering the national territory.
    • Registration of personal information for follow-up and monitoring.
    • Use of a mandatory mask for individuals over 2 years of age.
    • Passengers who leave the national territory must comply with the requirements of the destination country: https://www.iatatravelcentre.com/world.php
  • Land Route (Guatemalans, temporary and permanent residents, and diplomatic corps):
    • Temperature monitoring will be carried out.
    • Registration of personal information for follow-up and monitoring.
    • Use of a mandatory mask for individuals over 2 years old.
  • Seaway:
    • 24 hours prior to arrival, the ship’s authorities will send the ship to the shipping agency, which in turn forwards it to the harbormaster and UVE via email, a preliminary declaration of maritime health and the record of the temperature of passengers and crew for the last 24 hours and a statement that they have no suspected COVID19 victims on board.
    • On-board medical and nursing staff measure and record the temperature of passengers and crew on board the ship before arrival at the port.
    • This record is delivered together with the declaration of maritime health at the time of official reception at the point of entry.
    • This will be signed by the ship’s captain and validated (countersigned) by the doctor on board.
    • In coordination with the port captain’s office, a rapid risk assessment will be carried out according to international sanitary regulations, responding to the following questionnaire via radio.

1) Have you had on board in the last 14 days the symptoms of COVID19?

2) In the last 14 days has any new crew member boarded?

3) Have you identified or received information from any crewmember or passenger with some symptoms of COVID-19?

If the application of the questionnaire determines a risk to public health, the ship does not dock; the captain of the port together with the shipping agent and the maritime health doctor will visit at anchor to determine the actions to be carried out.

Ministerial Agreement 229-2020 (September 30, 2020)

  • The alert system is modified to permit the opening of bars, parks, cinemas, swimming pools for individual use, individual sports, nightlife centers, events, fairs, concerts, training centers, and gyms, with all locations observing social distancing and hygiene measures, and limited capacity.

Government Agreement 150-2020 (October 1, 2020)

  • The regulatory provisions are modified by designating the time between 7:00 and 15:00 as business hours for the executive.

Miisterial Agreement 234-2020 (October 2, 2020)

 

  • The Ministry of Health updated the alert system and recalculated the capacity for work centers depending on alert levels. Guatemala City continues on a red alert.

 

PROVISIONS OF THE MINISTRY OF ECONOMY

Statement dated March 17, 2020

– Establishes that all companies continuing with their practices must complete an approval request form on the platforms of the website of the Ministry of Economy. Employers must provide safe private transportation to their employees

– Business and transport operation authorization forms are available at https://www.mineco.gob.gt/

Government Agreement 58-2020 (April 16, 2020)

The regulation for granting an employment protection fund is created, establishing the conditions and requirements to access the economic benefit that the State will grant to workers in the private sector, whose contracts have been subject to suspension, duly authorized by the Ministry of Labor, as a consequence of the pandemic caused by COVID 19.

 

PROVISIONS OF THE MINISTRY OF PUBLIC FINANCE

Decree 59-2020 (April 16, 2020)

– The regulation that contains the provisions and procedures for the issuance, negotiation, placement and payment of Treasury Bonds ordered in Decree 13-2020 is created.

Governmental Agreement 130-2020 (September 1, 2020)

– Maximum prices are established for the sale of products listed in the agreement, all of which are categorized as pharmaceuticals.

Publication (September 24, 2020)

  •  The Ministry of Economy (MINECO) publishes the Plan and its Executive Summary for the Economic Recovery of Guatemala.
  • Presents lines of action along three strategic axes that (1) recover and generate new jobs, (2) attract strategic investment, and (3) promote the consumption of Guatemalan goods and services.
  • Transversal Axes: 1. Occupational health and safety; 2. Innovation; 3. Sustainability.
  • More information at https://www.mineco.gob.gt

PROVISIONS OF THE GOVERNMENT MINISTRY

Statement dated March 23, 2020

– It Informs those who can transit during the curfew including those working for call centers, medical services, and food services; vehicles and health personnel, from the network and distribution centers to pharmacies, also those who deliver medicines, food, and buses that transport personnel who work in these economic branches, in the private and public initiative.

Government Agreement 149-2020 (September 28, 2020)

  • Online police background management is enabled.

 

PROVISIONS OF THE GENERAL REGISTRY OF PROPERTY 

Statement dated March 23, 2020

– Closing of registry and administrative operations until further notice. Also, all legal terms as of this date are suspended until this provision is dropped.

– https://www.rgp.org.gt/

Statement dated May 6, 2020

  • The attention of the venues is resumed in restricted hours from 9:00 a.m. to 3:00 p.m.

Statement dated July 14, 2020

  • It will be attended at the headquarters in shifts, delivered only 75 shifts per day.

Statement dated July 31, 2020

  • The working hours will be from 7:00 a.m. to 3:00 p.m.

Statement dated August 6, 2020

  • Attention at Montúfar headquarters is resumed only by appointment

 

PROVISIONS OF THE TELECOMMUNICATIONS SUPERINTENDENCY

Statement dated March 23, 2020

– Mobile services: Prepaid users will be able to request daily and free accreditation of minutes and text messages at no additional cost. Postpaid numbers that cannot make payments on their mobile service bills may qualify for the benefits of the previous point.

– Residential Services: Users who are unable to make payments on their bills will be automatically migrated upon the expiration of their payment period to a “Basic Navigation Plan.” Also emergency calls at no cost.

– Official publication of this information will appear on the Claro and Tigo websites on March 31, 2020.

– https://sit.gob.gt/

 

PROVISIONS OF THE MINISTRY OF PUBLIC FINANCE

Decree 59-2020 (April 16, 2020)

– The regulation that contains the provisions and procedures for the issuance, negotiation, placement and payment of Treasury Bonds ordered in Decree 13-2020 is created.
PROVISIONS OF THE MINISTRY OF AGRICULTURE, LIVESTOCK AND FOOD

Statement dated July 27, 2020
PROVISIONS OF THE MINISTRY OF COMMUNICATIONS, INFRASTRUCTURE AND HOUSING

 

Statement from the General Directorate of Civil Aeronautics (September 18, 2020)

  • Guidelines on the official opening of passenger flights are updated: national passengers suspected of contagion must be referred to the COE or the Isolation and Quarantine Center; the entry of foreigners who develop symptoms while traveling will be prohibited.
  • The provision that stipulated a 14-day quarantine for those passengers who do not bring a negative PCR test within a maximum of 72 hours after it has been performed is without effect, making the test an essential requirement.

 

PROVISIONS OF THE MINISTRY OF EDUCATION

Ministerial Agreement 2762-2020 (September 29, 2020)

  • The regulations that will govern the national educational system during the COVID-19 pandemic are issued; the Standard for Safe Reopening of Higher Education Educational Institutions and Technical Training Centers is approved.

 

GUATEMALAN INSTITUTE OF SOCIAL SECURITY (IGSS)

– On March 23, 2020, the IGSS Board of Directors, INTECAP and IRTRA agree to defer the payment of the employer’s contribution corresponding to March, April, and May, which will be payable on a prorated basis during the second semester of 2020.

Statement dated March 23, 2020

– Approves aid to the employer sector to cooperate with the economic recovery after being affected by the sanitary crisis caused by the COVID19.

– https://www.igssgt.org/noticias/2020/03/23/el-igss-difiere-pagos-en-apoyo-a-los-patronos-y-a-la-recuperacion-economica/

Agreement 1472 of the Guatemalan Social Security Institute (IGSS) Board of Directors. (March 21, 2020)

– The IGSS is authorized to defer payment to social security for the private sector employer quota, corresponding to the months of March, April and May 2020, which will not incur default, interest or administrative expense. The worker fee must continue to be deducted normally and transferred to the IGSS. Employers who want to be subject to the provisions of the agreement must belong to the System of Generation, Transmission, Validation and Payment of Social Security Return in Electronic form, among others.

 

GUATEMALAN INSTITUTE OF IMMIGRATION (IGM)

– Guatemalan borders are closed for fifteen days as of 23:59 hours of March 16, 2020.  The country is held in solitary confinement since only air, maritime and ground cargo will enter.

– http://igm.gob.gt/coronavirus-covid19/

 

CONGRESS OF THE REPUBLIC OF GUATEMALA

Decree 09-2020 (March 24, 2020)

– It ratifies Decree 7-2020 dated March 24, 2020, issued by the President of the Republic, extending the term of the state of public calamity provided in Government Decree 5-2020 and its amendments.

Decree 10-2020 (March 24, 2020)

– It approves negotiations for the acquisition of a loan of $200 million from the International Bank for Reconstruction and Development for public health care and to counteract the COVID-19 pandemic.

Decree 12-2020, Emergency Law to protect Guatemalans from the effects caused by the COVID-19 Pandemic (March 25, 2020)

– It bans the hoarding of products and instability in prices of medicines along with other products and basic services.

– It bans the collection of fines, default payments, administrative expenses or interest arising from delays in paying the fees for educational centers.

– It increases the General State Budget and assigns this amount to the different emergency programs to combat the pandemic crisis including funds for the granting of credits to the private sector, and the granting of deferrals by banking institutions, enabling deferred payments for up to 6 months without default interest.

– It declares exempt from all taxes import taxes and Value Added Tax (IVA) all donations received in favor of CONRED, churches, and charitable associations and organizations.

– Legal terms are suspended in all administrative proceedings for 3 months, except Constitutional matters, and those related to the Law of Access to Public Information, as well as food processing and minimum guarantees.

– Numerals 2 and 3 of article 15 of Decree 12-2020 are amended by Decree 13

Decree 13-2020, Law of economic rescue to families for the effects caused by COVID-19 (April 3, 2020)

– Establishes the mechanisms to compensate and mitigate the economic crisis arisen from COVID-19.
– It creates a family bonus fund to support families and persons most affected by the crisis. It also facilitates the opening of bank accounts and delivery of the economic benefits, which may be up to Q.1,000.00. Exclusions may apply.
– It creates an employment protection fund to support private-sector workers who have been suspended from work per Ministry of Labor authorization. Benefits from the fund may be granted to authorized beneficiaries for a fixed amount of Q. 75.00 daily per worker, depending on the availability of existing funds. The benefit is tax-free.
– It creates a credit fund for working capital to finance working capital directly or through financial mechanisms, with attractive conditions to maintain productive capacity.
– The General State Income Budget for the fiscal year 2020 is expanded to Q.11,000,000,000.00 which will be placed in treasury bonds that will be acquired by the Bank of Guatemala. The provisions of Decree 25-2018 remain in force.
– The General Budget of State Expenditures is expanded, and the Executive is empowered to carry out the reprogramming and adjustment of resources and of the sources of financing that make up the General Budget of Income and Expenditures for 2020.
– The Executive Branch is empowered to reprogram and adjust the sources of financing that make up the State Budget, including the use of cash, available resources and those generated as a result of the placement of treasury bonds.
– All public sector, autonomous, and decentralized entities must make their databases available free of charge. Banks, finance companies, cooperatives, telecommunications companies, among others, must share necessary information to implement the content of this law.
– Numerals 2 and 3 of article 15 of Decree 12-2020 are amended.

Decree 24-2020 (July 7, 2020)

 

  • The term for the payment of the Tax on Land, Maritime and Air Vehicles Circulation is extended to October 31, 2020.

Decree 28-2020 (August 15, 2020)

  • Decree 15-2020 issued by the President of the Republic is ratified, extending for 30 days the term of validity of the state of public calamity contained in Government Decree 5-2020 dated March 5, 2020, ratified and amended by the Congress of the Republic through Decree 8-2020.
  • The Ministry of Public Health and Social Assistance, in coordination with the Ministry of Foreign Affairs, must consult and plan for the timely acquisition of a COVID-19 vaccine.
  • Q.150,000,000.00 ($19.5 million) is allocated for a single bonus for pensioners, state retirees, to be paid no later than August 31, 2020.

Decree 29-2020 (September 9, 2020)

  • Ratifies Decree 17-2020 issued by the President of the Republic, extending for 30 days the term of validity of the State of Public Calamity proclaimed in Government Decree 5-2020 dated March 5, 2020, ratified and amended by the Decree 8-2020 of the Congress of the Republic.
  • It also establishes a provision for preferential consideration of persons over 60 years of age and guarantees that they will not be limited in their public circulation except by the general curfew.
  • The ban on religious activities is lifted.

SUPERINTENDENCY OF TAX ADMINISTRATION (SAT)

– Customs has prioritized the physical inspection of imported perishable and refrigerated goods.

– The public customs auction has been suspended until further notice.

Statement dated March 23, 2020

– State of Public calamity in all national territory. Closed air, land and sea borders throughout the national territory. The entry of air, sea and land cargo is allowed for import, the export of supplies through ports, and also for humanitarian transportation.

– Restrictions on the entry of personnel into the country do not apply to cargo transport drivers.

Resolution dated March 23, 2020

– In all tax-related matters, every day up to and including April 14, 2020, is deemed a non-business day, deferring all tax obligations whether of payment, filing and/or administrative matter until April 15, 2020.

Statement dated March 24, 2020

– The Consumer Care Directorate (DIACO), in conjunction with the Superintendency of Tax Administration and the Public Ministry, coordinates actions to prevent misuses of legal and individual persons monopolizing or speculating on the prices of the Basic Food Basket and other essential consumer products.

– More information at: https://twitter.com/SATGT

Document to address importation during the COVID 19 State of Calamity (DG-IAD-DNO-ADU-GDE-54). (April 21, 2020)

– The Document creates a tool for importing merchandise into the national territory during the State of Calamity.

– Although donations received in favor of CONRED, churches, and charitable organizations and associations are exempt from various import taxes, VAT and customs duties, they must observe the administrative procedures established in this document.

– Central Government entities, local governments and non-financial public companies are exempt from paying IVA and customs duties on imports of movable goods, materials and supplies received as a donation from abroad with prior authorization from the Tax Administration Superintendence (SAT) and the corresponding franchises must be managed before the SAT.

– For customs clearance of goods under this document, the administrative procedures contained in said document must be observed.

 

MONETARY BOARD

Resolution JM 32-2020

– Establishes special temporary measures to address the situation derived from the pandemic called COVID-19, which can be observed by the institutions supervised by the Superintendency of Banks that grant financing, and through which it allows financial entities to take measures that result in the possibility of improving the conditions of its debtors in terms of interest rates, the extension of terms for payments, the extension of credits and others.

Resolution JM 34-2020 (March 25, 2020)

– The Regulations for Liquidity Risk Management issued in resolution JM-117-2009 are amended. The modifications are aimed at managing liquidity risk, establishing early warning indicators, as well as plans and programs that must be presented if the Liquidity Coverage Ratio is less than 100%.

Resolution JM-63-2020 (May 15, 2020)

– The special temporary measures issued in resolution JM-32-2020 are extended until December 31, 2020.

– Subparagraphs a) and c) of numeral 1 of resolution JM-32-2020 are amended to provide that, where any credit assets that as of February 29, 2020, are not more than one month past due, supervised institutions may review their interest rate and other terms and conditions. The corresponding modifications may be made at the simple request of the debtors or by the direct initiative of the institutions themselves and will not generate additional costs to the debtor.

– Subparagraph d) of numeral 1 of resolution JM-37-2020 is modified to subject the temporary measures issued in this resolution to the special temporary measures issued in resolution JM-32-2020 and its modifications.

PORTS AND FOREIGN TRADE

– The National Port Commission issues provisions that ensure the continuity of loading and unloading operations in the country’s ports.

– https://cpn.gob.gt/

 

PROVISIONS OF THE JUDICIAL BODY

– Extension of suspension of work until April 7, 2020, in the judicial and administrative bodies of the Judicial Branch.

– Any other services will continue as they have since the beginning of the State of Calamity.

– The suspension of the work of the courts and administrative units is extended from April 13 to 19, 2020, except for the courts and administrative units established in the extraordinary session of the Supreme Court of Justice, on March 17, 2020, as well as those listed in Provisions POJ 11/2020 and POJ.12 / 2020 of the Presidency of the Judicial Branch.

POJ-18/2020 Presidency of the Judicial Organism (April 20, 2020)

– The suspension of work of the courts and administrative units, except for those detailed in the agreement of the Plenary of the Supreme Court of Justice Poj-11/2020 and Poj-12/2020,  is extended from April 21 to April 27, 2020, and is considered a leave of absence by the staff.

Circular No. 31-2020/JLCCH/ejgl (April 24, 2020)

– The Judicial Branch informs that the Civil Branch Courts, and the Labor and Social Security Courts throughout the Republic will resume work on April 28, 2020, hearing only constitutional and urgent proceedings.

POJ-21/2020 Presidency of the Judicial Branch (April 27, 2020)

– The suspension of work of the Judicial System and the Administrative Branch is extended from April 28, 2020, to May 4, 2020. Administrative and judicial personnel will enjoy salaried leave, except for the jurisdictional bodies and administrative agencies detailed in the Agreements of the Supreme Court of Justice and provisions POJ-11/2020, POJ-12/2020 and POJ-20/2020 of the Presidency of the Judiciary.

 POJ-25/2020 Presidency of the Judicial Branch (May 8, 2020)

– On Tuesday, May 12, 2020, work resumes for all the courts and administrative units of the Judicial Organism of the entire Republic of Guatemala.

– The courts and administrative units will work in shifts under the direction of each judicial secretariat or administrative unit head. The ordinary working day for the courts and administrative departments will be from 8:00 a.m. to 3:00 p.m. Exceptions apply.

– The suspension of the terms in judicial procedures continues, except for criminal and administrative matters. The authorization of the computation of the judicial terms and periods granted to individuals and judicial authorities in all matters and instances, except criminal matters, will be approved by the plenary of the Supreme Court of Justice.

POJ-26/2020 Presidency of the Judicial Branch (May 11, 2020)

– Provision POJ 25/2020 of the Presidency of the Judiciary is suspended until further notice because of the increase in reported positive cases of COVID 19. Therefore, the work of the courts and administrative agencies is also suspended during the period May 12-18, 2020.

– Except for the jurisdictional bodies and administrative agencies detailed in the Plenary Agreements of the Supreme Court of Justice contained in the extraordinary sessions dated March 17, and April 15, 23, and 29, 2020, as well as the provisions of the Presidency of the Judicial body identified as POJ-11/2020, POJ-12/2020 and POJ 22/2020 and the judicial terms continue suspended.

POJ-28/2020 Presidency of the Judicial Branch (May 18, 2020)

– The suspension of the work of the Courts and Administrative Units is extended from May 19 to May 28, 2020. Exceptions apply.

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