Sanctions for Lack of Environmental Studies

January 3, 2020 is the deadline for companies and businesses that already operate in Guatemala and do not have the study, submit their Environmental Diagnosis to receive a reduction in the fine.

Friday, March 15, 2019

Fines for companies that do not yet have an Environmental Diagnosis could be as high as $13,000; however, if they present their documentation before the deadline, the penalty could be set at $650.

According to the regulations of the Ministry of Environment and Natural Resources (MARN), any company formally established in the country should have the aforementioned environmental instrument.

Jorge Campins, an individual environmental consultant, explained to that "... MARN agreements 137-2016 and 121-2018 establish that the deadline for regularization expires on January 3, 2020. Those who voluntarily present themselves will be reduced the fine, which is established between Q5 thousand to Q100 thousand, and will only be imposed a fine of Q5 thousand, regardless of the category to which the company belongs (according to the type of activity and the size of the project, or company), as per MARN regulations."

Daniel García, Environmental Political Advisor of the Chamber of Industry of Guatemala, said that "... that law establishes in Article 8 the description of who should comply with that obligation. Unfortunately, the law in its wording was very ambiguous because it says that for any activity, industry or project that may or may not produce an impact on the environment must have an environmental instrument."

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