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Table 3.10 Imports for which a prior permit is required and legal basis, 2016
Administrative authority Product or sector Legal basis
National Council for Protected Areas (CONAP) Plants, animals and seafood products included in CITES and other products of the wild Decree No. 4 89, Law on protected areas, Amendments Decrees No. 110 96 to No. 4 89, Law on protected areas
(...)
Ministry of Energy and Mining Inorganic chemicals; inorganic or organic compounds of precious metals, radioactive elements, rare earth metals or isotopes
Decree Law No. 11 86, Law on the control, use and application of radioisotopes and ionizing radiation, Decree No. 48 97, Mining Law
Government Decision No. 55 2001, Regulations on safety and radiological protection implementing the Law on the control, use and application of radioisotopes and ionizing radiation
Ministry of the Environment Organic chemicals Decree Law No. 68 86, Law on the protection and improvement of the environment
Ministry of the Environment Rubber and rubber articles Decree Law No. 68 86, Law on the protection and improvement of the environment
Ministry of the Environment Plastics and articles thereof Decree Law No. 68 86, Law on the protection and improvement of the environment
Ministry of the Environment Machinery and electrical equipment, and sound or image recording apparatus Decree Law No. 68 86, Law on the protection and improvement of the environment
Government Decision No. 20 2016, Regulations on evaluation, control and monitoring of the environment
(...)

During the review period, 40 Central American technical regulations were approved. As of March 2016, 863 standards and technical regulations were in effect concerning areas such as: (...) the environment; (...) climate change and energy efficiency. (...)

The import of genetically modified products is not prohibited. Guatemala has legislation on the testing and production of genetically modified seeds for export in the form of Ministerial Decision No. 386 2006, which lays down the requirements for their import, transport and handling within Guatemala, the conduct of field experiments and the production for export of live modified organisms for agricultural use. [36] Living modified organisms must also comply with the provisions in Decree No. 68 86 (Law on the protection and improvement of the environment). By means of Decree No. 44 2003, Guatemala has ratified the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, which governs the cross border movement of living modified organisms. During the review period, a national biosafety policy 2013 2023 for living modified organisms was introduced (Government Decision No. 207 2014), which provides the strategic framework to guide action for the development, use and safe application of living modified organisms. Its aim is to help ensure the protection of human health, the environment, biological diversity and sustainable use. In June 2016, a proposal on national biosafety regulations for living modified organisms was under consideration.

[36] This Decision only governs the question of genetically modified agricultural seeds for research and production for export, but not their sowing or consumption in Guatemala. Seeds that are not genetically modified for agricultural use are dealt with by the competent national authorities.

Table 3.11 Products subject to special export authorization, 2015
Type of product to be exported Institution responsible Requirements/documents required
Forest products National Council for Protected Areas (CONAP) CITES export permit and an export permit for flora and fauna not regulated by CITES
Fishery products covered by CITES CONAP CITES export permit
(...)

Guatemala does not allow the export of certain goods for reasons of security, protection of the environment and conservation of the cultural heritage.

It is not permitted to fell trees or export wood of protected species or those at risk of extinction. Protected species are those determined jointly by the National Forestry Institute (INAB) and CONAP, as well as those listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified by Guatemala in 1979. Timber in logs of more than 11 cm. in diameter may not be exported, unless as part of furniture or an item with value added or comes from sustainable plantations authorized by the INAB. Violation of this ban is punishable by a fine and a term of imprisonment.

Table 3.18 Overview of legislation and protection afforded to intellectual property in Guatemala, 2016
Legislation Term Scope
Undisclosed information (including test data)
The same as for patents. Five years for pharmaceuticals and ten for agricultural chemicals (Article 177(a), (b) and (c)). The submission of undisclosed information is required by the competent administrative authority as a condition for approving the marketing of pharmaceuticals or agricultural chemicals that use new chemical substances. Criteria are laid down for the protection of such data against unfair commercial use and against disclosure, provided that those submitting the information have requested a specific guarantee of confidentiality. Exceptions to the obligation not to disclose test data: (a) pharmaceuticals, where this is necessary to protect their safe use, life or health or in declared situations of national emergency; (b) agricultural chemicals, in declared situations of national emergency or to protect their safe use, human, animal or plant life or health or the environment; (c) when the holder of the undisclosed information or test data or sanitary or phytosanitary registration which may benefit from the protection has given his agreement in writing with a legalized signature.
(...)

The Ministry of Agriculture, Livestock and Food (MAGA) is the authority chiefly responsible for formulating and implementing policies for the agricultural sector. [7] (...) During the period of this Review, the agriculture sector was governed by the Agricultural Policy 2011 2015, the main planks of which are food and nutritional security; development of agricultural production and trade; animal and plant health; institution building; sustainability; the sociocultural and human factor; and territoriality.

[7] Article 29 of the Law on the Executive Branch (Decree No. 114 97 of 10 December 1997) lays down the functions of MAGA, which include implementing the policy of agricultural and hydrobiological development and sustainable use of resources; applying clear and stable rules in agriculture, hydrobiology, forestry and plant and animal health; promoting business development among the organizations in the sector so as to boost their productivity and competitiveness; and developing mechanisms to enhance food security for the population. The MAGA 2015 budget was Q 1,413.5 million, representing 2.0% of the national budget and a considerable increase compared to 2009 (Q 644 million, or the equivalent of 1.33% of the national budget).

(...) Guatemala also participates in the Central American Agricultural Policy (PACA) 2008 2017, of which the main objectives are to contribute to the development of sustainable agriculture in Central America from an economic, social, environmental, political and institutional standpoint; to foster conditions for the development of modern, competitive, equitable and regionally coordinated Central American agriculture; and to develop institutional capacity so as to ensure proper implementation of this policy.

During the review period Guatemala implemented some domestic support measures for the agricultural sector. The measures were notified to the WTO as belonging to the "green box" (Annex 2 to the Agreement on Agriculture) and are exempt from the reduction commitment. The measures focused especially on research and development in respect of seeds of staple grain varieties (US$3.7 million in 2015), formal basic education, agricultural guidance and technical training for students in rural areas (US$3.1 million in 2015), and food aid for vulnerable population groups (altogether US$16 million in 2015). The numerous environmental emergencies that affected the population during the period (heatwaves, drought, hurricanes) account for the appreciable amounts dedicated to food aid (Table A4.1).