  
  
G/LIC/N/3/GTM/5  
 
27 April 2021  
(21-3597) Page: 1/5 
Committee on Import Licensing  Original: Spanish  
 
  
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT ON  
IMPORT LICENSING PROCEDURES (2021)  
GUATEMALA  
The following communication, dated 21  April 2021, is being circulated at the request of the 
delegation of Guatemala.  
 
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Outline of systems  
1. As a rule , Guatemala requires licences to import products described in this notification, such as 
products subject to import quotas, as notified in Table MA.2 and document G/AG/2; wild flora and 
fauna ; arms and ammunition; narcotic drugs and psychotropic substances  that may cause 
dependence , solvents and precursor s for processing; pesticides; plants and animals; refrigerants, 
hydrocarbons, radioisotopes; and restricted items . The import licensing regimes in force seek to 
maintain control over the flow of products in  order to guarantee compliance with Guatemala's 
WTO obligations, and to exercise control over products that are considered hazardous ; that may 
have implications for national security; or that must be shown  not to endanger  human and animal 
life and health or the environment.   
Purposes and coverage of licen sing 
2. Identification of each system in force and identification of the corresponding goods, grouped 
according to their legal provisions:  
(a) Wild flora and fauna. Conserv ing Guatemalans' natural heritage has been declared of national 
interest . Accordingly,  the National Council for Protected Areas (CONAP ) must expressly 
approve the importation of wild flora and fauna with an import permit.  
(b) Arms and ammunition. The importation of arms and ammunition and the possession and 
carrying of arms are controlled by the Ministry of National Defence through the Directorate -
General for the Control of Arms and Munitions (DIGECAM).  
(c) Narcotic drugs and psychotropic substances that may cause dependence , solvents and 
precursor s for processing. The Ministry o f Public Health and Social Welfare is responsible for 
authorizing and controlling  their importation . 
(d) Pesticides. It is the responsibility of the Ministry of Agriculture, Livestock and Food and the  
Ministry of Public Health and Social Welfare  to regulat e the importation of pesticides, including 
insecticides, herbicides, fungicides, germicides, acaricides, avicides , bactericides, ovicides , 
rodenticides, repellents, attractants and any other product having a similar action, or any 
product or mixture of pro ducts intended to combat pests.  
 
1 See G/LIC/3, Annex, for the questionnaire.  G/LIC/N/3/GTM/5  
 
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  (e) Plants and animals. In order to protect animal and plant  health  and human and animal life , 
the Ministry of Agriculture, Livestock and Food and the Ministry of Public Health and Social 
Welfare are responsible for issuing specified  permits for the importation and marketing in 
Guatemalan territory of certain plant and animal products.  
(f) Refrigerants, refrigeration and air -conditioning equipment, pre -blended polyols, methyl 
bromide for agricultural and quarantine uses, authori zed with licences from the Ministry of the 
Environment and Natural Resources . 
(g) Restricted items . Chlorates, nitrates, explosives, cartridges, percussion caps, ammunition, 
gunpow der and other materials that may be used for the manufacture of explosive devices , 
the granting of import licenses and control of which are under  the responsibility of the Ministry 
of National Defence.  
(h) Petroleum and petroleum products (hydrocarbons), of which the Ministry of Energy and Mines 
is responsible for ensuring the efficiency and supply and for granting import authorizations.  
(i) Radioisotopes and ioni zing radiation. The Ministry of Energy and Mi nes is responsible for their 
control and for issuing import licences thereof . 
3. The licensing system a pplies to all the  above -mentioned  goods, regardless of the countries they 
originate in or come from . 
4. No. Import licensing is not intended to restrict either the quantity or the value of imports , except 
for goods  whose  importation is prohibited by law , such as military firearms, their components and 
ammunition, automatic weapons, radioactive material and endangered species of wild fauna and 
flora (Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ). 
5.(a) Law o n Protected Areas, Decree No. 4-89 of the Congress of the Republic of Guatemala.  This 
law declares the conservation of Guatemalans' natural heritage to be of national interest and, 
for this reason, establishes that the National Council for Protected Areas (CONA P), must 
expressly approve the importation of wild flora and fauna.  
(b) Weapons and Ammunition Law, Decree No. 15-2009 of the Congress of the Republic of 
Guatemala. Among other matters, this law regulates the importation of arms and ammunition, 
their posse ssion and carrying within Guatemalan territory, and grant s the Directorate -General 
for the Control of Arms and Munitions (DIGECAM) , part of the Ministry of National Defence, 
the power , inter alia , to authori ze, register and control  the importation of firea rms and their 
ammunition, provided that they are not prohibited.  
(c) Law Against the Traffic in Narcotic Drugs , Decree No. 48-92 of the Congress of the Republic 
of Guatemala and the  Regulations for the Control of Precursors and Chemical Substances , 
Governmental Agreement No. 54-2003. The Law states  that the importation of  solvents or 
substances to be used as precursors for the processing of narcotic drugs and psychotropic 
substances that may cause dependenc e, is subject to  authorization from and control by the 
Ministry of Health and Social Welfare . 
(d) Law regulating the Import , Processing , Storage , Transport , Sale and Use of Pesticides , 
Decree  No. 43-74 of the Congress of the Republic of Guatemala . The Ministry of Agriculture, 
Livestock and Food and the Ministry of Public Health and Social Welfare  are responsible for 
regulating , inter alia , the importation  of pesticides in connection with public health.  G/LIC/N/3/GTM/5  
 
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  (e) Regulation s implemen ting the Animal and Plant Health Law, Governmental Agreement 
No. 745-99. The purpose of these regulations, which elaborate on  the provisions of the Animal 
and Plant Health Law,  is to protect plant and animal health . They establis h that a phytosanitary 
or animal health  permit  shall be obtained  for the import of  plants and animals, their products 
and by -products  and that  a permit or licence shall be obtained for the import of inputs for 
agricultural and animal use, granted by the Mini stry of Agriculture, Livestock and Food on 
prior request.  
(f) Decree  No. 34-89 of the Congress of the Republic of Guatemala and the Regulations on 
Evaluation , Control and Monitoring of the Environment , Governmental Agreement 
No. 137-2016. Th ese regulation s establish , inter alia , the guidelines, framework and 
procedures to support sustainable development in Guatemala , through the issuance of permits 
or licences , granted by the Ministry of the Environment and Natural Resources , for the  
import ation of certain chemicals, equipment and parts , thereby minimi zing the environmental 
impact on the country and steering development in harmony with the protection of the 
environment and natural resources.  
(g) Law on Restricted Items , Decree  No. 123-85 of the Congress of the Republic of Guatemala 
and Regulations on Pyrotechnical Activities , Governmental Agreement No.  28-2004. The 
purpose of this law is to regulate and supervise the manufacture, import, storage, transfer, 
loan, processing , transport, use,  alienation, acquisition, possession, conservation and carrying 
of restricted items  (chlorates, nitrates, explosives, cartridges, percussion caps, ammunition, 
gunpowder and other materials that may be used for the manufacture of explosive devices ). 
Such powers are granted to the Ministry of National Defence.  
(h) Hydrocarbons Marketing Law , Decree  No. 109-97 of the Congress of the Republic of 
Guatemala. This law  seeks, inter alia , to establish market  competition , adequate procedures 
for the commerciali zation of petroleum and petroleum products, as well as to control the 
importation of such products by means of  import licenses granted by the Ministry of Energy 
and Mines.  
(i) Law on the Control , Use and Application of Radioisotopes and Ionizing  Radiation , 
Decree  Law No. 11-86 and its Regulations, Governmental Agreement No. 55-2001. The 
purpose of this Law is to control, supervise and oversee activities related to the use of 
radioisotopes and ioni zing radiation in their various areas of applicati on for the purposes of  
protecting health, property and the environment in the Republic of Guatemala, including the 
importation of such materials.  
Procedures  
6. Only for  the importation of goods  subject to active tariff quotas that are reported to the Secretariat 
for use in accordance with Table MA.2:  
I. The overall amount allocated in the given calendar year is announced  in the Official Journal 
and on the website of the Ministry of the Economy, http://www.mineco.gob.gt , before its entry 
into force.  
II. It is determined on an annual basis.  
III. The allocation of licences, their use and other conditions for the use of such tariff quotas are 
established  in the relevant regulations, which can be found on the website of the Ministry of 
the Economy, http://www. mineco.gob.gt . 
IV. Applications may be received from the first working calendar day of the  given calendar year . 
V. Applications are processed within three working days . 
VI. The provisions of each quota state the period of the licence , which may be extended  for a 
further period, provided that it does not go beyond  31 December  2021.  
VII. This process is administered by the Ministry of the Economy.  G/LIC/N/3/GTM/5  
 
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  VIII. It is c arried out on a first -come, first -served basis . 
IX. No. 
X. Not applicable.  
XI.  No. 
7.(a) In all cases, applications for licences must be submitted prior to importation to the institutions 
listed in  paragraphs  2 and 5, on a case -by-case basis and in accordance with the requirements 
of the institutions themselves and the specific  legal provision s. 
(b) Not covered by the applicable legal provisions . 
(c) No. 
(d) In each case and depending on the goods  to be imported, the requestor  must submit their 
application to  the relevant  office  specified in the corresponding regulations , for example in the 
case of arms and ammunition, to the office of the Directorate -General for the Control of Arms 
and Munitions (DIGECAM) , within  the Ministry of the Interior; for protected species or fauna 
and flora, to the offices of the National Counci l for Protected Areas (CONAP) ; for animal and 
plant species in general, to the Ministry of Agriculture, Livestock and Food.  
8. Besides failure to meet the ordinary criteria, t here are no other grounds on which a licence may 
be refused . Moreover , the reason s for any refusal  are brought to the attention of the person 
concerned, who has access to all administrative and legal remedies, including judicial remedies, 
availabl e under domestic  law. 
Eligibility of importers to apply for a licence  
9.(a) Yes; 
(b) Yes. 
Documents and other requirements to apply for a licence  
10. It depends on the goods  and the  corresponding  rules governing their importatio n. 
11. It depends on the goods and the corresponding rules governing their importation . 
12. The applicable rules described above do not establish administrative charges  for the granting of 
licences by domestic  authorities . However, each institution establishes  such conditions on the basis 
of its internal rules and procedures.  
13. No. However, each institution establishes the conditions under which such licences are granted 
on the basis of its internal rules and procedures.  
Conditions of licensing  
14. It depends on the goods  and the rules governing their importation, as described in paragraph 5,  
as well as the internal rules and procedures.  
15. No.  
16. No.  
17. Yes, i n some cases, such as for the import of wild flora and fauna and of arms and ammunition.  G/LIC/N/3/GTM/5  
 
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  Other procedural requirements  
18. No. 
19. The foreign exchange market in Guatemala operates fr eely and there are no limitations on 
access to foreign exchange  for the payment of goods to be imported.  
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