Guatemala Compliance Report

Generated 2026-09-22

Comprehensive Framework

Regulatory Overview

Regulatory Status: Dedicated crypto/VA legislation, licensing regime, active enforcement
Key Regulator(s): Superintendency of Banks
Primary Legislation: Decree No. 15-2026, though the primary law focuses more on the public nature of the offer, Decree Number 34-96, This is the primary law. Finding a direct, stable URL from a government source c, Primary commercial legislation is the Commerce Code, Congressional Decree No. 2-, No law, decree, or regulatory instrument has been identified that defines, class, Banks and financial institutions are subject to Commerce Code Article 12 supervi, Businesses face the risk that a future law or regulation could retroactively imp, The lack of any formal definition of virtual assets in Guatemalan law creates th, No specific cryptocurrency law, decree, regulation, or official gazette publicat, The general tax system operates under Decreto 10-2012 (Ley IVA) for value-added, Congress of Guatemala legislative database (fintech/crypto bill status, 2025
Travel Rule: Adopted — Threshold: Implemented
Tax Reporting: Rate: The standard rate for capital gains from the sale of assets is 10% on the net gain.. Trigger: This tax would apply when an individual or business disposes of cryptocurrency (e.g., sells it for fiat currency, exchanges it for another cryptocurrency, or uses it to purchase goods/services) and realizes a profit. The gain is calculated as the selling price minus the cost basis (acquisition price plus related expenses).. Basis: The Ley de Actualización Tributaria (Decree 10-2012) governs income tax, including capital gains.. Mining: Income from crypto mining would likely be considered commercial income and subject to progressive income tax rates if performed as a regular economic activity.. Staking, Lending, Airdrops: Rewards from staking, lending, or unsolicited airdrops could be considered ordinary income at the time of receipt (based on their fair market value in fiat) and taxed under personal income tax rules.

Key Facts

aml Ley Contra el Lavado de Dinero u Otros Activos (Decree 67-2001): This law establishes the framework for preventing and prosecuting money laundering. It defines "supervised entities" which, by interpretation and international standards (FATF), should include VASPs, particularly those with a fiat gateway. Ley Contra el Financiamiento del Terrorismo (Decree 58-2005): This law complements the AML framework by specifically targeting the financing of terrorism. Customer Due Diligence (CDD/KYC): Identifying and verifying the identity of customers, understanding the nature of their business, and assessing risks. Sanctioned Entity Screening: Screening customers and transactions against OFAC, EU, UN, and any other relevant domestic (e.g., PEP lists, if maintained by IVE) or international sanctions lists. Suspicious Transaction Reporting (STR): Reporting any suspicious transactions to the IVE. This would include transactions linked to sanctioned entities or high-risk jurisdictions. Record-Keeping: Maintaining records of customer identification data, transaction data, and STRs for a specified period (typically 5 years). Internal Controls: Establishing and maintaining adequate internal controls, policies, and procedures to prevent money laundering and terrorist financing. Risk Assessment: Conducting regular risk assessments to identify and mitigate ML/FT risks, including those related to sanctions.
banking Superintendencia de Bancos (SIB) – Responsible for supervising banks and financial institutions, including those that may engage in digital asset activities. Website: https://sib.gob.gt/ Secretaría de Hacienda y Crédito Público (SHCP) – Oversees tax-related matters for digital assets. Ley de Lucha contra el Lavado de Dinero y Financiamiento del Terrorismo (Law to Combat Money Laundering and Terrorism Financing), enacted in December 2001, referenced in export.gov. Ley Orgánica del Banco Central – Provides the framework for financial regulation, revised in August 2012 as noted in export.gov. No specific license is mandated solely for cryptocurrency trading or virtual asset services in Guatemala. Entities engaging with digital assets must comply with general banking licensing requirements if they fall under the SIB’s purview. Banking activities, including those involving digital currencies, require registration with SIB per Ley de Bancos y Grupos Financieros (Banking and Financial Groups Law). Capital requirements for traditional banking licenses are not explicitly stated for crypto-focused entities; however, standard banking capital adequacy ratios apply under the Central Bank Organic Law. Application processes for bank licenses involve submitting a formal application to SIB, including financial statements, business plans, and compliance documentation. No specific timelines for crypto-related licensing are detailed in official sources.
custody Superintendencia de Bancos, Seguros y Fondos de Pensiones (SBSP): Oversees banking, insurance, and pension funds. Website: https://www.sbpgobgt.gob.gt Secretaría Nacional de Economía (SNE): Manages economic policy and financial regulation. Website: https://www.gob.gt/secretaria-nacional-de-economia Ley del Sistema Financiero y de la Competencia (SFCC Law): Governs the financial system and competition, lacking explicit cryptocurrency references. Decreto N° 18-2019 del Congreso de la República del Guatemala: Sets general provisions for money transmission but does not address digital assets. Who Needs a License?: No explicit licensing requirement exists for entities offering cryptocurrency custody services in Guatemala. Activities Requiring Licensing: Traditional money transmission and banking activities are regulated; digital asset custodial services fall outside these definitions. Capital Requirements: Not applicable due to the absence of licensing mandates. Application Process: No established process exists; hypothetical scenarios would require engagement with SBSP for clarification.
enforcement Mercantile Registry: Oversees intellectual property registration within Guatemala. Attorney General’s Office & Customs Bureau: Responsible for investigating intellectual property matters, including potential crypto-related counterfeit goods. Guatemalan legislation on intellectual property rights aligns with multilateral agreements such as the Trade Related aspects of Intellectual Property Rights (TRIPS) and Paris, Berne, and Rome Conventions. Guatemala - Protecting Intellectual Property CAFTA-DR requires reforms to alleviate systemic problems like intellectual property rights protection. DCPD202501120 Guatemala remains on the USTR’s Special 301 Watch List, indicating ongoing challenges with intellectual property enforcement. Guatemala - Protecting Intellectual Property No specific licensing requirements exist for cryptocurrency or digital asset activities in Guatemala. None explicitly identified for crypto-related services. Not applicable, as no licensing framework exists for digital assets. Guatemala - Protecting Intellectual Property
general Fines: Substantial monetary penalties for institutions. Imprisonment: Individuals involved in money laundering or terrorist financing activities can face lengthy prison sentences (e.g., 6 to 20 years for money laundering). Asset Forfeiture: Assets involved in or derived from illicit activities can be seized and forfeited. Administrative Sanctions: The SIB/IVE can impose administrative penalties, including warnings, suspension of operations, or revocation of licenses for regulated entities. Guatemala is in the final stages of debating a new anti-money laundering law to replace Decree 67-2001, but that original decree remains in effect until the new law is passed Text (Spanish): While a direct government URL is hard to find for such older laws, it can often be found on legal databases or sites like this: https://www.sibenlinea.gob.gt/sites/default/files/documentos_y_archivos/Decreto_67-2001_con_sus_reformas.pdf (This is an SIB link for the consolidated text, which is good). Ley Contra el Financiamiento del Terrorismo (Decree 58-2005): Text (Spanish): https://www.sibenlinea.gob.gt/sites/default/files/documentos_y_archivos/Decreto_58-2005_ley_contra_el_financiamiento_del_terrorismo.pdf (Another SIB link for the consolidated text).
licensing No specific cryptocurrency license is required. Fiat On/Off-Ramps: If an exchange, custody provider, or payment processor facilitates transactions involving fiat currency (e.g., Guatemalan Quetzal, USD) to/from cryptocurrencies, they might fall under the existing financial regulations governing money transmitters, payment service providers, or other financial intermediaries. In such cases, they would likely need to comply with traditional financial licensing requirements from the SIB. General Business Registration: Any company operating in Guatemala, regardless of its specific industry, must be legally constituted and registered with the Registro Mercantil General de la República (General Mercantile Registry of the Republic). Capital Requirements: No specific capital requirements for VASPs are stipulated in Guatemalan law. If the entity were to engage in activities regulated by the SIB (e.g., traditional money remittance), then existing capital requirements for those specific financial activities would apply. Guatemala's AML/KYC obligations for fintech companies are now directly imposed under Decree No. 15-2026, which includes fintech sectors as Obligated Entities, replacing the previous indirect applicability framework. Ley contra el Lavado de Dinero u Otros Activos (Decree No. 67-2001) and its Regulations: While this law does not explicitly mention "virtual assets" or "cryptocurrencies," it applies to "obligated entities" (e.g., banks, financial institutions, certain non-financial businesses and professions) involved in financial transactions. Indirect Applicability: If a VASP facilitates fiat-to-crypto or crypto-to-fiat transactions, the fiat portion of these transactions would be subject to the existing AML/CFT framework. This means performing KYC (Know Your Customer) on users, monitoring transactions for suspicious activity, and reporting to the Special Verification Intendancy (IVE) – a unit within the SIB. FATF Recommendations: Guatemala is a member of the Financial Action Task Force of Latin America (GAFILAT), which adheres to FATF recommendations. FATF Recommendation 15 specifically calls for the regulation of VASPs for AML/CFT purposes. While Guatemala has not fully implemented this recommendation for VAs, it is under international pressure to do so. Therefore, future legislation is likely to include specific VASP AML/CFT obligations.
marketing Banco de Guatemala (BGU): Central bank responsible for monetary policy, supervision of the financial sector, and issuance of AML/CFT regulations. Gobierno de Guatemala - Superintendencia de Bancos y Seguros (SBS): Oversees banking operations and ensures compliance with financial regulations, including those related to digital assets. Law 84-2003: Establishes the framework for combating money laundering and terrorist financing in Guatemala, enforced by BGU. Article 2 defines “financial institution” broadly to include entities dealing with virtual currencies if they meet certain thresholds. Reglamento de la Ley Orgánica para el Control y Sanción del Delito de Lavado de Dinero (ROLCDLD): Details AML/CFT obligations for financial institutions, including those handling digital assets. The 10 Best Marketing Agencies in Guatemala - 2026 Reviews Guatemala is a signatory to the Financial Action Task Force (FATF) recommendations, aligning its AML/CFT standards with international best practices. Doing Business in Guatemala (Marketing in Guatemala) Entities providing financial services involving virtual assets, such as cryptocurrency exchanges or payment processors, must register with BGU under the existing licensing framework for “financial institutions.” This includes businesses facilitating the trading of cryptocurrencies that are considered “monetary instruments” under Article 2 of Law 84-2003. Trading, buying, selling, or exchanging virtual currencies; providing wallet services with balances exceeding Q500,000 (approximately USD 66,667); and offering custodial services for digital assets. Minimum capital of Q1,000,000 (approximately USD 133,333) is required for registration as a financial institution handling virtual assets. Guatemala Marketing
ongoing Banco Centroamericano de Integración Económica (BCIE): Responsible for financial regulation and monetary policy across Central America, but does not specifically regulate cryptocurrencies. BCIE Website No specific Guatemalan law directly addresses cryptocurrencies or digital assets. Existing financial regulations are under the General Law of Financial Services (Ley General de Servicios Financieros) enacted in 2010, which does not explicitly mention virtual currencies. Article 2 of the Ley General de Servicios Financieros defines "financial services," but lacks explicit reference to digital assets. General Law of Financial Services Guatemala is a member of FATF (Financial Action Task Force), which issues global standards for combating money laundering and terrorist financing, indirectly affecting crypto activities through recommendations on virtual asset service providers (VASPs). However, no Guatemalan-specific implementation aligns with these guidelines. No specific licensing is mandated by Guatemalan law for cryptocurrency exchanges, wallet services, or initial coin offerings (ICOs). None identified under current legislation. However, any financial service provider that engages in crypto-related transactions may fall under the purview of the General Law of Financial Services if classified as a "financial service." No monetary thresholds are set for crypto-related licensing in Guatemalan law. No formal application process exists for cryptocurrency businesses. Entities would theoretically need to comply with general financial service registration under the BCIE, but no streamlined pathway is provided specifically for VASPs.
sanctions Guatemala's adherence to international AML/CFT standards: Guatemala is a member of the Financial Action Task Force of Latin America (GAFILAT), a FATF-style regional body, and is therefore expected to implement FATF recommendations. FATF Recommendation 15 explicitly applies AML/CFT obligations, including sanctions compliance, to VASPs. Global financial interconnectedness: Transactions involving cryptocurrencies often touch upon jurisdictions or financial institutions that are directly subject to OFAC, EU, or UN sanctions. Non-compliance can lead to loss of correspondent banking relationships, secondary sanctions, and reputational damage. Nature of the regulated entities: If a VASP is part of a larger financial group or relies on traditional financial institutions for fiat on/off-ramps, those institutions' compliance obligations will extend to the VASP. U.S. persons (citizens, residents, entities incorporated in the U.S. or its territories). Any transaction routed through the U.S. financial system, even if the parties are non-U.S. Entities dealing in U.S. dollars. Non-U.S. entities that facilitate significant transactions for or on behalf of sanctioned persons, or engage in activities that could trigger secondary sanctions. Sanctioned Entity Screening: VASPs must screen all customers (KYC/CDD) and counterparties against OFAC's Specially Designated Nationals (SDN) and Blocked Persons List, the Consolidated Sanctions List (CSL), and other relevant lists (e.g., Non-SDN Palestinian Legislative Council List, Sectoral Sanctions Identifications List, etc.).
securities The regulatory environment for cryptocurrencies and digital assets in Guatemala is evolving, with a focus on aligning existing financial regulations to address emerging technologies. Guatemala's regulatory framework for securities includes provisions that may extend to digital asset offerings, though specific guidance on cryptocurrencies is still developing. Entities engaging in the issuance or trading of digital assets may require licensing under existing securities laws, necessitating consultation with local regulatory authorities. Guatemala has enacted Decree No. 15-2026, a comprehensive anti-money laundering law that extends AML/KYC obligations to digital asset service providers, making them regulated entities under the new framework. Recent enforcement actions focus on ensuring compliance with existing financial regulations when applied to digital asset activities, highlighting the need for clear regulatory guidance. The tax treatment of cryptocurrencies in Guatemala is under review, with potential implications for capital gains and income taxes on digital asset transactions. Key gaps include the lack of specific regulatory guidance on cryptocurrencies, posing risks related to compliance uncertainty and market stability. The evolving nature of digital assets means that regulatory frameworks must adapt quickly to prevent operational risks for market participants.
stablecoin Banco de Guatemala (Banguat) Comunicado de Prensa (June 23, 2021): Banguat issued a press release titled "Banco de Guatemala advierte sobre riesgos de las criptomonedas" (Banco de Guatemala warns about risks of cryptocurrencies). This communiqué explicitly states: Cryptocurrencies (including stablecoins) are not legal tender in Guatemala. The only legal tender is the Quetzal (GTQ), as defined by the Monetary Law. They are not issued or backed by a central bank or government. They lack regulatory and supervisory oversight, offering no guarantees or legal protection to users. They are subject to high price volatility, significant risks for consumers (fraud, cyberattacks), and potential use in illicit activities (money laundering, terrorist financing). Financial entities supervised by the SIB are prohibited from carrying out operations with cryptocurrencies or offering products related to them. Comunicado de Prensa - Banco de Guatemala advierte sobre riesgos de las criptomonedas (June 23, 2021): While a direct permanent link to that specific dated press release might shift on Banguat's dynamic site, it is a widely reported and consistently held position. You can typically find it by navigating their "Comunicados de Prensa" archives: Banco de Guatemala - Comunicados de Prensa: https://www.banguat.gob.gt/noticias/comunicados-de-prensa (You would need to browse or search for statements around mid-2021 regarding cryptocurrencies).
status No designated regulator has been formally empowered to license or oversee virtual asset service providers in the country. The Superintendencia de Bancos and Banco de Guatemala have not issued crypto-specific licensing regimes; general financial institution oversight under Decreto 19-2002 (Ley de Bancos y Grupos Financieros) applies. Federal Register :: Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala Relating to the Transfer of Nationals of Central American Countries to Guatemala [This agreement pertains to bilateral transfer of nationals and does not address cryptocurrency regulation.] No official license types, registration obligations, or capital requirements for cryptocurrency businesses have been established by Guatemalan authorities. Review of the Congress of Guatemala legislative database and Diario de Centro América confirms no such instruments exist as of mid-2025. Federal Register :: Implementation of a Family Reunification Parole Process for Guatemalans [This parole process document is unrelated to financial regulation.] The practical reality is that cryptocurrency activity occurs in a regulatory vacuum, with no formal legal clarity on digital asset treatment. Primary sources including SAT (Superintendencia de Administración Tributaria) guidance and Banco de Guatemala communications indicate that existing financial laws apply by default, but without specific VASP provisions. Guatemala - United States Department of State The country's focus remains on traditional financial integrity issues such as corruption and money laundering concerns, not on digital asset innovation. GAFILAT mutual evaluation findings (2023) highlight strategic deficiencies in AML/CFT that affect all sectors, including potential fintech development. Federal Register :: Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala Relating to the Transfer of Nationals of Central American Countries to Guatemala Guatemala is described as a "multiparty constitutional republic" in official U.S. government reporting, with the National Civil Police overseen by the Ministry of Government responsible for law enforcement. Guatemala - United States Department of State The Ministry of National Defense oversees the military, with the constitution permitting the army to support the National Civil Police in internal security operations. Guatemala - United States Department of State The Superintendencia de Bancos (Banking Superintendency) regulates financial institutions under Decreto 19-2002 (Ley de Bancos y Grupos Financieros). The Banco de Guatemala (Central Bank of Guatemala) oversees monetary policy and financial stability. Neither body has published a comprehensive digital asset framework as of 2025–2026. [Banco de Guatemala circulars and resolutions; Superintendencia de Bancos public registry] No specific cryptocurrency law, decree, regulation, or official gazette publication relating to digital assets has been published in Diario de Centro América as of 2025–2026. The regulatory framework for traditional finance does not automatically extend to virtual assets without specific provisions. [Diario de Centro América search results, 2024–2025; Congress of Guatemala legislative database, 2025]
tax Rate: The standard rate for capital gains from the sale of assets is 10% on the net gain. Trigger: This tax would apply when an individual or business disposes of cryptocurrency (e.g., sells it for fiat currency, exchanges it for another cryptocurrency, or uses it to purchase goods/services) and realizes a profit. The gain is calculated as the selling price minus the cost basis (acquisition price plus related expenses). Basis: The Ley de Actualización Tributaria (Decree 10-2012) governs income tax, including capital gains. Mining: Income from crypto mining would likely be considered commercial income and subject to progressive income tax rates if performed as a regular economic activity. Staking, Lending, Airdrops: Rewards from staking, lending, or unsolicited airdrops could be considered ordinary income at the time of receipt (based on their fair market value in fiat) and taxed under personal income tax rules. Trading as a Business: If an individual engages in frequent and systematic trading of cryptocurrencies with the intent to generate profit, it might be classified as a commercial activity rather than a passive investment, subjecting the profits to standard income tax rates for business activities. Tax Regimes: Individuals often fall under one of two regimes for their economic activities: Regime sobre Utilidades de Actividades Lucrativas (Profits from Lucrative Activities): Generally 25% on net profit.
travel rule Ley de Prevención del Lavado de Dinero y Financiamiento del Terrorismo (Law 84-2012): This law, enacted on December 15, 2012, establishes AML/CFT obligations for financial institutions and businesses. It is referenced in Guatemala's commitment to the FATF but does not specifically mention cryptocurrencies. Status: In force. Decreto Legislativo No. 165 (Legislative Decree No. 165): Provides supplementary provisions to Law 84-2012, detailing reporting requirements for suspicious transactions. Date: December 15, 2012. Guatemala is a member of the Financial Action Task Force (FATF), indicating an obligation to implement FATF recommendations, including those related to virtual asset service providers (VASPs). However, specific guidance on travel rules for digital assets remains absent in domestic legislation. Source No explicit license is required for cryptocurrency exchanges or wallet services under current Guatemalan law. The oversight falls under the general financial services regulation administered by ARSF. Not applicable, as no licensing framework exists for digital assets. Since no licenses are issued for crypto activities, there is no formal application process or timeline pertinent to virtual asset service providers. As of the latest data (2025), no entities have been licensed specifically for cryptocurrency-related operations in Guatemala. Source General CDD obligations apply to financial institutions under Law 84-2012, requiring identification and verification of customers based on reasonable suspicion.

Sources

This report is AI-generated from publicly available regulatory sources. Last updated: 2026-09-21. View full profile