GUYANA
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tender procedures
It is reported that government procurement processes remain slow and opaque, with tenders that may change during the process and be reissued. Moreover, concerns persist regarding inefficiencies in contract award procedures. In the 2024 annual report, the Auditor General highlighted reported disregard for the procedures, rules, and laws governing public procurement, including instances of alleged overpayments and procurement breaches.
Coverage Horizontal
Sources
GUYANA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement, nor does it have observer status.
Coverage Horizontal
GUYANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.7%
Coverage rate of zero-tariffs on ICT goods (%)
32.45%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
GUYANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Guyana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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GUYANA
Since June 2003, entry into force in November 2004, last amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Act 2003
According to Art. 39.6 (b) of the Procurement Act 2003, there is a 10% margin of preference for domestic providers or domestically produced goods. However, it is reported that this margin is rarely utilised.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220810073501/https://ppc.org.gy/wp-content/uploads/2020/11/Procurement-Act-2003.pdf
- https://web.archive.org/web/20230203072944/https://ppc.org.gy/the-legislative-framework/
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
- https://web.archive.org/web/20260119104654/https://ppc.org.gy/legislative-framework/#site-panels
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GUATEMALA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUATEMALA
Since 2008
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Guatemala has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GUATEMALA
Since April 1961, last amended in April 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Labour Code (Código del Trabajo)
According to Art. 13 of Guatemala’s Labour Code, employers are required to maintain a workforce composed of at least 90% Guatemalan workers, excluding general managers, directors, administrators, superintendents, and company heads. However, exceptions to this rule may be granted under specific conditions. As specified in Art. 13(a), the Executive Branch, through a reasoned resolution issued by the Ministry of Labour and Social Welfare, may reduce the percentage of Guatemalan workers by up to 10% for a period of up to five years per company when justified by reasons such as the protection and promotion of the national economy, and the lack of qualified Guatemalan technicians in a given activity. In such cases, the Ministry must require the benefiting companies to train Guatemalan technicians in the relevant field within the established timeframe.
Coverage Horizontal
GUATEMALA
Reported in 2023, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The type approval process for radio equipment in Guatemala is administered by the Superintendence of Telecommunications (SIT). All radio equipment devices require certification, and equipment that complies with ETSI or FCC standards is typically approved. Approvals are usually obtained within six weeks without the need for in-country testing or local representatives, and certificates have an indefinite validity period. Existing international test reports can be used for the homologation process, during which technical documents will be reviewed and validated.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20231203145604/https://sit.gob.gt/gerencia-de-frecuencias/mas-informacion/dispensacion-de-homologacion/
- https://web.archive.org/web/20231128103713/https://ib-lenhardt.com/type-approval/guatemala
- https://web.archive.org/web/20250616071133/https://ib-lenhardt.com/type-approval/guatemala
- https://web.archive.org/web/20241211200635/https://www.eleoscompliance.com/es/type-approval/guatemala
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GUATEMALA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Guatemala does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
GUATEMALA
Since January 1970
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Congress Decree No. 2-70 – Guatemalan Commercial Code (Decreto del Congreso N. 2-70 - Código de Comercio de Guatemala)
In accordance with Art. 214 of the Guatemalan Commercial Code, companies legally constituted abroad that wish to establish or operate in any form in the country, or to have one or more branches or agencies, must have at least one representative permanently in the country.
Coverage Horizontal
GUATEMALA
Since May 2003
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Decree No. 06-2003 - Consumer and User Protection Law (Decreto N0. 06-2003 - Ley de Protección al Consumidor y Usuario)
The Consumer and User Protection Law provide a comprehensive framework for consumer protection that also applies to online transactions
Coverage E-commerce sector
GUATEMALA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Guatemala has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUATEMALA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to open transfers of data across borders
Guatemala lacks binding commitments on open transfers of cross-border data flows. Art. 15.5(d) of the Free Trade Agreement between the United Mexican States and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua establishes that the work to maintain cross-border information flows is an essential element in promoting a dynamic environment for electronic commerce.
Coverage Horizontal
GUATEMALA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Guatemala does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. These include:
- The Guatemalan Constitution
- The Criminal Procedure Code
- The Criminal Code
- Law of the National Registry of Persons
- Decree No. 57-2000 on Industrial Property Law
- Law on Access to Public Information (applicable solely to State entities or entities funded by the State, addresses the issue in certain provisions)
Additionally, there is a pending data protection bill, Initiative 4090-2009 Personal Data Protection Law, currently under consideration by the Legislative Assembly.
- The Guatemalan Constitution
- The Criminal Procedure Code
- The Criminal Code
- Law of the National Registry of Persons
- Decree No. 57-2000 on Industrial Property Law
- Law on Access to Public Information (applicable solely to State entities or entities funded by the State, addresses the issue in certain provisions)
Additionally, there is a pending data protection bill, Initiative 4090-2009 Personal Data Protection Law, currently under consideration by the Legislative Assembly.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241203021453/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gt
- https://web.archive.org/web/20201122165750/https://www.congreso.gob.gt/assets/uploads/info_legislativo/iniciativas/Registro4090.pdf
- https://web.archive.org/web/20240928233548/https://www.dataguidance.com/jurisdiction/guatemala
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