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 Prensalibre.com 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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More on this topic

Deadline for Environmental Compliance Extended

January 2020

Until December 16, 2022, businesses in Guatemala will have to comply with the rules contained in the Regulations for Environmental Evaluation, Control and Monitoring.

The Ministry of Environment and Natural Resources (MARN) reported that after the publication of Government Agreement 317-2019 on December 24, 2019 in the Central American Journal, which reforms Government Agreement 137-2016, the period was extended by three years so that all projects, works, industries or productive activities present their respective environmental instruments in order to function.

More Time to Comply with Environmental Permits

July 2018

In Guatemala, the government has extended until January 3, 2020, the timeframe for regularizing projects, works, industries or activities that do not have an environmental impact study.

Through agreement 137-2016, the government gave a period of two years for the environmental regularization of the different industries to take place, this period expired on July 11 of this year. 

Intervention to Streamline Environmental Procedures

June 2018

In order to resolve the problem of delays in approving environmental impact permits, in Costa Rica industrial sector employers support a proposal for the National Technical Secretariat to intervene.

Arguing that "it affects them negatively", the Chamber of Industries of Costa Rica (ICRC), supports the intervention of the National Technical Secretariat (Setena) requested last Wednesday by the Christian Social Unity Party (PUSC).

Guatemala: Deadline to Comply with Environmental Standards

October 2017

Companies have time up until July 2018 to make the necessary modifications to comply with the new environmental rules to avoid fines or even closure of their business.

The Regulation on Environmental Evaluation, Control and Monitoring, published in July 2016, gave a period of two years for companies in operation to implement the changes needed in order to comply with the regulations.

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