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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GUYANA
Since March 2004, last amended in February 2021
Since June 2003, as amended in May 2019
Since June 2003, as amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Small Business Act 2004
Procurement Act 2003
Procurement Act 2003
Under Art. 11 of the Small Business Act 2004, the Government must use its best endeavours to ensure that at least 20% of its annual procurement of goods, services and works is sourced from small businesses. To support this objective, the Small Business Council is required to prepare an annual Small Business Procurement Programme.
In addition, Art. 3A of the Procurement Act 2003, introduced by Art. 2 of the Procurement (Amendment) Act 2019, requires procuring entities to purchase specified goods and services exclusively from small businesses approved under the Small Business Act 2004.
Under Art. 2 of the Small Business Act, a qualifying small business must operate in Guyana and be incorporated or registered under the relevant Guyanese legislation. Accordingly, cross-border foreign suppliers are excluded from procurement reserved for small businesses, although a foreign-owned company established and registered in Guyana may potentially qualify.
Official implementation materials indicated that government contracts valued at up to GYD 30 million (approx. USD 144,000) would be reserved for small businesses. However, no regulations specifying the goods and services covered by Art. 3A have been identified.
In addition, Art. 3A of the Procurement Act 2003, introduced by Art. 2 of the Procurement (Amendment) Act 2019, requires procuring entities to purchase specified goods and services exclusively from small businesses approved under the Small Business Act 2004.
Under Art. 2 of the Small Business Act, a qualifying small business must operate in Guyana and be incorporated or registered under the relevant Guyanese legislation. Accordingly, cross-border foreign suppliers are excluded from procurement reserved for small businesses, although a foreign-owned company established and registered in Guyana may potentially qualify.
Official implementation materials indicated that government contracts valued at up to GYD 30 million (approx. USD 144,000) would be reserved for small businesses. However, no regulations specifying the goods and services covered by Art. 3A have been identified.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220121213357/https://parliament.gov.gy/documents/acts/4631-act_no_2_of_2004.pdf
- https://web.archive.org/web/20220810073501/https://ppc.org.gy/wp-content/uploads/2020/11/Procurement-Act-2003.pdf
- https://www.npta.gov.gy/wp-content/uploads/Procurement-Amendment-Act-2019.pdf
- https://web.archive.org/web/20250905203800/https://dpi.gov.gy/small-businesses-procurement-programme-on-stream/
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GUYANA
Reported in 2011, 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
Concerns regarding inefficiencies, corruption and non-transparency in Guyana’s public procurement system have been reported since at least 2011, when the Auditor General was cited as identifying continued disregard for the procedures, rules and laws governing public procurement. Since 2019, reports have also highlighted inefficiencies, possible collusion and non-transparency in contract-award procedures. More specifically, since 2022, government tender processes have been described as slow and opaque, with tenders sometimes changing, expiring or being reissued without timely decisions or adequate communication to bidders. Reports of procurement breaches and contract overpayments continued to be identified in 2025.
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
Since March 2004
Since May 1995, last amended in September 2018
Since March 1919, last amended in May 2000
Since May 1995, last amended in September 2018
Since March 1919, last amended in May 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Act 2004
Companies Act
Business Names (Registration) Act
Companies Act
Business Names (Registration) Act
According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporation in Guyana does not require residency, but according to Art. 312 external companies must register with the government to conduct business in the country. Under the Business Registration Act, Guyanese companies must use the real surnames of their incorporators or be registered with the government.
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)
6.9%
Coverage rate of zero-tariffs on ICT goods (%)
37.69%
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
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
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 December 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Resolution JM-104-2021 of the Monetary Board of the Banco de Guatemala (Resolución JM-104-2021 de la Junta Monetaria del Banco de Guatemala)
Art. 39 of the Annex to Resolution JM-194-2021—entitled the Regulation for Technology Risk Management—stipulates that, in cases where technological services process and/or store information using infrastructure located outside the national territory, the institution (including banks, financial companies, offshore entities, and companies specialising in financial services that are part of an economic group) must obtain prior authorisation from the Superintendency of Banks.
Coverage Financial sector
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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