Bernardo Arévalo's government has strengthened regulatory controls in at least three areas: fiscal, labor and environmental.
In environmental matters, the new Guatemalan authorities arrived with concrete plans to tighten criteria in favor of the biosphere. For example, just three months after taking office in 2024, the Ministry of the Environment and Natural Resources (MARN) decided not to renew Perenco's oil exploitation license. In addition, the Ministry promoted a two-year mining moratorium to update the regulations related to extractive activity. This issue is currently being discussed in Congress, as it must be approved by the Legislative to be enforceable.
Since Arevalo’s arrival, the Regulations for the Integral Management of Common Solid Wastes have also come into force and the need to approve a Water Act has been put back on the table as a priority.
These initiatives have been reinforced by an increase in environmental inspections. According to data from the MARN's Institutional Report, 283 inspections were carried out during 2024, with the following results:
- 5 environmental licenses were suspended.
- 458 legal proceedings were initiated against those operating without an environmental license.
- 82 criminal complaints were filed at the Public Prosecutor's Office (MP).
- Q3.5 million (US$454,700) in fines related to non-compliance with environmental commitments.
We have prepared this guide so that you and your team are prepared in the event of a possible visit from the Guatemalan authorities or an inspection in your company or operation.
Which Authorities can Knock on your Door?
Although MARN is the main entity in charge of regulating, overseeing and guaranteeing compliance with environmental legislation in the country, the reality is that there are other institutions that could visit you and request information. These include:
- Municipalities: they have powers in environmental management within their jurisdictions, especially in solid waste disposal, territorial planning and wastewater treatment.
- Ministry of Public Health and Social Welfare (MSPAS): verifies sanitary conditions, hazardous waste management and water treatment.
- The Police’s Division of Nature Protection (DIPRONA): collaborates in the prevention and fight against environmental crimes, manages records of complaints and coordinates actions with national and international organizations.
Depending on the nature of the activity, other entities such as the National Forestry Institute (INAB) or the Ministry of Energy and Mines (MEM), may also be involved to ensure that the necessary licenses are in place.
Keep Information Organized and Accessible
Having all your documents up to date and available in case of an inspection makes it easier for all the parties involved. In terms of the environment, the main documents that the authorities might require are the Environmental License and the Environmental Impact Study (EIS)[1], approved by MARN. In addition, depending on the impact that your business generates, you must have mitigation measures that have been included in the MARN resolution and in accordance with the provisions of the Environmental Management Plan[2].
If your business generates or manages wastewater that is discharged into a river, lake or public sewer system, it is mandatory to have a Technical Study of Wastewater (ETAR)[3]. This will be especially important in the case of agricultural, industrial or hospital activities.
On the other hand, if the activity is related to the integral management of solid waste and residues, it must comply with the provisions established in the Regulation for the Integral Management of Solid Waste and Residues[4].
Compliance with all regulations affecting your business is essential to avoid sanctions and ensure continuity of operations. But it may happen that during an inspection you do not find a specific document or do not comply with some of the required regulations. If you find yourself in this situation, it is important to remain calm and, above all, to cooperate with the authorities and provide the available information. The next step will be to present an action plan committing to correct any non-compliance.
And finally, and possibly most importantly, never conceal information, as this can lead to more severe[5] sanctions. These can range from warnings or fines to the paralysis or demolition of a project. Criminal proceedings may even be initiated in cases involving environmental crimes defined in the Penal Code such as water pollution, deforestation, illegal hunting and fishing or the dumping of hazardous waste.
Therefore, to reduce risks, it is important to carry out periodic audits to identify and correct non-compliance, assess risks, apply mitigation measures and provide constant training to staff on environmental regulations and protocols.
Remember that environmental compliance not only avoids sanctions, but it also contributes to the sustainability and responsible development of Guatemala.
If you have any questions or would like more information, we are at your service.
You can also check our other guides:
[1] Art. 8 Decreto 68-86 Ley de Protección y Mejoramiento del Medio Ambiente
[2]Art. 109, literal d), del Acuerdo Gubernativo 137-2016, Reglamento de Evaluación, Control y Seguimiento Ambiental (RECSA).
[3] Art. 5 del Reglamento de Descargas y Reuso de Aguas Residuales y Disposición de Lodos, establecido en el Acuerdo Gubernativo 236-2006.
[4] Acuerdo Gubernativo 164-2021
[5] Art. 31, Decreto 68-86 Ley de Protección y Mejoramiento del Medio Ambiente