Title
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF GUATEMALA ON RECIPROCAL TRADE
Preamble
Preamble
The United States of America and the Republic of Guatemala (hereinafter referred to individually as "Party" and collectively as "the Parties"),
Emphasizing their shared values, including democracy, economic freedom, and the rule of law;
Recognizing the special bonds of friendship and cooperation between them, in particular in their trade and investment relations;
Intending to enhance reciprocity in their bilateral trade relationship by addressing tariff and non-tariff barriers;
Seeking to strengthen their commercial relationship through increased alignment on national and regional economic security matters; and
Desiring to complement their rights and obligations under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR);
HAVE AGREED as follows:
Body
Section 1. Tariffs and Quotas
Article 1.1. Tariffs
The United States shall apply a revised reciprocal tariff rate on originating goods of Guatemala as set out in Annex I of this Agreement.
Article 2. Non-Tariff Barriers and Related Matters
Article 2.1. Import Licensing and Technical Regulations, Standards, and Conformity Assessment
1. Guatemala shall either eliminate its import licensing or apply automatic import licensing for U.S. goods.
2. Guatemala shall allow U.S. goods that comply with applicable U.S. or international standards, U.S. technical regulations, or U.S. or international conformity assessment procedures to enter its territory without additional conformity assessment requirements. In addition:
(a) Guatemala shall accord to the conformity assessment bodies of the United States treatment no less favorable than that it accords to its own bodies.
(b) Guatemala shall facilitate the acceptance of U.S. compliance procedures for goods which are not subject to third-party conformity assessment in the U.S. regulatory framework.
3. Guatemala shall ensure that technical regulations, standards, and conformity assessment procedures are applied in a non-discriminatory manner and do not operate as disguised restrictions on bilateral trade, and shall remove existing technical barriers to trade in areas that undermine reciprocity, including requirements for duplicative or unnecessary testing or conformity assessment.
Article 2.2. Agriculture
Guatemala shall provide non-discriminatory or preferential market access for U.S. agricultural goods as set forth in this Agreement.
(a) Guatemala shall ensure that its sanitary and phytosanitary (SPS) measures are science- and risk-based and do not operate as disguised restrictions on bilateral trade, and shall remove unjustified SPS barriers in areas that undermine reciprocity.
(b) Guatemala shall not enter into agreements or understandings with third countries that include non-scientific, discriminatory, or preferential technical standards; include third-country SPS measures that are incompatible with U.S. or international standards; or otherwise disadvantage U.S. exports to such third countries.
Article 2.3. Geographical Indications
Guatemala shall ensure transparency and fairness with respect to the protection or recognition of geographical indications, including pursuant to an international agreement. In cases where Guatemala protects or recognizes a term that identifies a good as a geographical indication but where there is no given quality, reputation, or other characteristic of the good that is essentially attributable to its geographical origin, Guatemala shall permit use of the term in connection with U.S. goods.
Article 2.4. Cheese and Meat Terms
Guatemala shall not restrict U.S. market access due to the mere use of the individual cheese and meat terms listed in Annex II.
Article 2.5. Intellectual Property
Guatemala shall provide a robust standard of protection for intellectual property. (1) Guatemala shall ratify or accede to, and shall fully implement, the international intellectual property treaties in Article 1.14 of Annex III. Guatemala shall provide effective systems for civil, criminal, and border enforcement of intellectual property rights and shall ensure that such systems combat and deter the infringement or misappropriation of intellectual property, including in the online environment. Guatemala shall prioritize and shall take effective criminal and border enforcement actions against copyright and trademark infringements.
Article 2.6. Good Regulatory Practices
Guatemala shall adopt and implement good regulatory practices that ensure greater transparency, predictability, and participation throughout the regulatory lifecycle.
Article 2.7. Labor
1. Guatemala shall adopt and effectively implement a prohibition on the importation of goods mined, produced, or manufactured wholly or in part by forced or compulsory labor. Guatemala shall recognize U.S. government determinations on entities under Section 307 of the Tariff Act of 1930 and shall presumptively prohibit importation of goods from those entities.
2. Guatemala shall protect internationally recognized labor rights. (2) This includes by adopting or maintaining such rights in its law and practice, and effectively enforcing its labor laws, including by creating or maintaining necessary institutions to protect labor rights. Guatemala shall establish and effectively apply appropriate legal sanctions for violations of those laws. Guatemala shall not weaken or reduce the protections in its labor laws and shall address any such weakening or reduction that has been made to encourage trade or investment to date. (3) In addition, Guatemala shall address issues related to labor rights that contribute to non-reciprocal trade.
Article 2.8. Environment
Guatemala shall adopt and maintain environmental protections, effectively enforce its environmental laws, uphold or institute as necessary strong environmental governance structures, and address environment-related issues that contribute to non-reciprocal trade.
Article 2.9. Customs and Trade Facilitation
Guatemala shall maintain or implement technology solutions that allow for full pre-arrival processing, paperless trade, and digitalized procedures for the movement of goods of the United States across its borders.
Article 2.10. Border Measures and Taxes
1. Guatemala shall align its border measures applicable to third-country imports with relevant border measures that the United States may adopt in the future such as border-adjusted tax measures or other border measures to combat regulatory arbitrage that would disadvantage U.S. workers and businesses. Guatemala shall not contest such measures, including through countervailing measures or at the World Trade Organization (WTO).
2. Guatemala shall not impose value-added taxes that discriminate against U.S. companies in law or in fact.
Section 3. Digital Trade and Technology
Article 3.1. Digital Services Taxes
Guatemala shall not impose digital services taxes, or similar taxes, that discriminate against U.S. companies in law or in fact.
Article 3.2. Facilitation of Digital Trade
Guatemala shall facilitate digital trade with the United States, including by refraining from measures that discriminate against U.S. digital services or U.S. products distributed digitally, ensuring the free transfer of data across trusted borders for the conduct of business, and collaborating with the United States to address cybersecurity challenges.
Article 3.3. Digital Trade Agreements
If Guatemala enters into a new digital trade agreement with certain countries, the United States may terminate this Agreement and reimpose the applicable reciprocal tariff rate set forth in Executive Order 14257 of April 2, 2025.
Article 3.4. Market Entry Conditions
Guatemala shall not impose any condition or enforce any undertaking requiring U.S. persons to transfer or provide access to a particular technology, production process, source code, or other proprietary knowledge, or to purchase, utilize, or accord a preference to a particular technology, as a condition for doing business in its territory. This article does not preclude a regulatory body or judicial authority of Guatemala from requiring a person of the United States to preserve and make available the source code of software, or an algorithm expressed in that source code, to the regulatory body for a specific investigation, inspection, examination, enforcement action, or judicial proceeding, subject to safeguards against unauthorized disclosure.
Article 3.5. Customs Duties on Electronic Transmissions
Guatemala shall not impose customs duties on electronic transmissions, including content transmitted electronically, and shall support multilateral adoption of a permanent moratorium on customs duties on electronic transmissions at the WTO immediately and without conditions.
Section 4. Rules of Origin
Article 4.1. General Provision
The Parties intend for the benefits of this Agreement to accrue substantially to them and their nationals. If benefits of this Agreement are accruing substantially to third countries or third-country nationals, a Party may establish rules of origin necessary to achieve the Parties' intention for this Agreement.
Section 5. Economic and National Security
Article 5.1. Complementary Actions
1. The United States and Guatemala intend to strategically align their trade and investment policies to further their shared economic and national security objectives. When the United States imposes a customs duty, quota, prohibition, fee, charge or other import restriction on a good or service of a third country pursuant to relevant domestic law and considers that the measure is relevant to protecting its economic or national security against non-market policies and practices of a third country, Guatemala shall regulate, consistent with Guatemala?s laws and regulations, the importation of that good or service into its territory through measures with equivalent effect as those of the United States. The Parties may discuss such measures in the Working Group.
2. Guatemala shall adopt and implement measures to address unfair practices of companies owned or controlled by third countries operating in Guatemala?s jurisdiction that result in: (1) the export of below-market price goods to the United States; (2) increased exports of such goods to the United States; (3) a reduction in U.S. exports to Guatemala; or (4) a reduction in U.S. exports to third-country markets.
3. Guatemala shall adopt measures of equivalent restrictive effect as those adopted by the United States to encourage shipbuilding and shipping by market economy countries. The Parties shall discuss the structure and effect of such measures and recognize that non-Parties may also impose similar measures.
Article 5.2. Export Controls, Sanctions, Investment Security, and Related Matters
1. Guatemala shall cooperate with the United States to regulate the trade in national security-sensitive technologies and goods through existing multilateral export control regimes, align with all unilateral export controls in force by the United States, and ensure that its companies do not backfill or undermine these controls.
2. Guatemala shall cooperate with the United States with a view to restricting transactions of its nationals with individuals and entities included on the U.S. Department of Commerce Bureau of Industry and Security Entity List (Supplement 4 of Part 744 of the Export Administration Regulations), as well as the U.S. Department of the Treasury Office of Foreign Assets Control Lists of Specially Designated Nationals and Blocked Persons List (SDN List) and the Non-SDN Consolidated Sanctions List.
3. Guatemala shall cooperate in providing information about investment activity in its territory by third countries with a view toward increasing transparency and cooperation with the United States on economic and national security matters.
4. If the United States determines that Guatemala is cooperating to address shared national and economic security issues, the United States may take such cooperation into account in administering its laws and regulations pertaining to export controls and other measures.
Article 5.3. Procurement
Guatemala shall prohibit the procurement of covered goods and services (4) of non-eligible third countries. (5)
Article 5.4. Other Measures
1. The United States shall work with Guatemala to streamline and enhance defense trade.
2. Guatemala shall adopt and effectively enforce provisions to combat transshipment and other practices to evade or circumvent duties, and other measures applied by the United States.
3. If Guatemala enters into a new bilateral free trade agreement or preferential economic agreement with a non-market country, the United States may terminate this Agreement and reimpose the applicable reciprocal tariff rate set forth in Executive Order 14257 of April 2, 2025.
4. Guatemala shall not purchase any nuclear reactors, fuel rods, or enriched uranium from certain countries.
Section 6. Commercial Considerations and Opportunities
Article 6.1. Commercial Considerations
1. Guatemala shall ensure that its State-Owned or -Controlled Enterprises (SOEs), and SOEs of third countries operating in its market, when engaging in commercial activities: (1) act in accordance with commercial considerations in their purchase of goods or services; (2) refrain from discriminating against U.S. goods or services; and (3) refrain from subsidizing domestic goods producers. Guatemala shall refrain from providing non-commercial assistance or otherwise subsidizing its goods-producing SOEs.
2. Upon the written request of the United States, Guatemala shall provide information regarding all forms of non-commercial assistance or subsidies that it provides to a manufacturing enterprise in its territory and shall take action to address the distortive impacts of those subsidies and support mechanisms on trade and investment with the United States.
Article 6.2. Investment
1. The United States shall work through U.S. institutions such as the Export-Import Bank of the United States (EXIM Bank) and the U.S. International Development Finance Corporation (DFC), if eligible, to consider supporting investment financing in critical sectors in Guatemala in collaboration with U.S. private sector partners, consistent with applicable law.
2. Guatemala shall facilitate job-creating, greenfield investment in the United States.
Section 7. Implementation, Enforcement, and Final Provisions
Article 7.1. Article 7.1: Bilateral Working Group
1. The Parties hereby establish a Bilateral Working Group (the ?Working Group?) comprising representatives of the Parties to monitor the implementation and operation of this Agreement.
2. The Working Group shall convene no later than six months after entry into force of this Agreement and periodically thereafter.
Article 7.2. Article 7.2: Annexes and Footnotes
The annexes and footnotes to this Agreement constitute an integral part of this Agreement.
Article 7.3. Authentic Languages
The texts of this Agreement in the English language and the Spanish language shall be equally authentic, except for the texts of Schedules 1A, 1B, and 2, which shall be authentic only in English.
Article 7.4. Amendments
Each Party may request reasonable modifications to this Agreement, which the other Party shall consider in good faith. The Parties may agree, in writing, to amend this Agreement if such amendment does not undermine the benefits of this Agreement or other agreements between the Parties.
Article 7.5. Enforcement
1. If either Party considers that the other Party has not complied with a provision of this Agreement, the Party may review the terms of the Agreement and take action in accordance with its law. Prior to taking such an action, a Party shall, when practicable, seek consultations with the other Party.
2. Nothing in this Agreement shall prevent, or otherwise constrain, a Party from imposing additional tariffs to remedy unfair trade practices, to address import surges, to protect economic or national security, or for other similar reasons consistent with its law.
Article 7.6. Termination
Either Party may terminate this Agreement by providing written notice of termination to the other Party. Termination shall take effect after 90 days or on another date as the Parties decide. When practicable, a Party shall provide the other Party an opportunity to consult before providing such notice.
Article 7.7. Entry Into Force
This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing of the completion of their respective applicable legal procedures, or on such other date as the Parties may decide.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Washington, District of Columbia, this thirtieth day of January, 2026.
For the United States of America:
For the Republic of Guatemala:
Attachments
Annex III. Specific Commitments
Section A. Non-Tariff Barriers and Related Matters
Industrial Goods
Article 1.1. Medical Devices
1. Guatemala shall accept a prior marketing authorization that is issued by the U.S. Food and Drug Administration (FDA) as sufficient evidence that a medical device meets its requirements for marketing authorization in Guatemala. (1)
2. Guatemala shall accept Medical Device Single Audit Program (MDSAP) audit reports or certificates for medical device manufacturing facilities when available, and shall not adopt additional conformity assessment requirements for any routine inspections (e.g., pre-market inspections or surveillance inspections).
3. Guatemala shall accept the U.S. FDA's electronic certificates to foreign government (eCFGs) as sufficient for its approval requirements for medical devices and shall not require wet signatures or apostilles.
Article 1.2. Pharmaceutical Products
1. Guatemala shall accept a prior marketing authorization that is issued by the U.S. FDA as sufficient evidence that a pharmaceutical product manufactured in the United States meets its requirements for marketing authorization in Guatemala.
2. Guatemala shall not require periodic re-authorization for a pharmaceutical product that has previously received marketing authorization from the United States, unless Guatemala identifies a significant safety, effectiveness, or quality concern.
3. Guatemala shall accept the U.S. FDA's electronic certificates for pharmaceutical products (eCPPs) as sufficient for its approval requirements for pharmaceutical products and shall not require wet signatures or apostilles.
4. Guatemala shall accept the results of a good manufacturing practice surveillance inspection conducted by the U.S. FDA of a manufacturing facility for pharmaceutical products without further need for an inspection or reinspection performed by Guatemala's relevant regulatory authorities when the following conditions apply:
(a) The manufacturing facility is within the territory of the United States; and
(b) The most recent U.S. FDA inspection report as provided by the facility is classified as no action indicated, demonstrating no objectionable conditions or practices.
Article 1.3. Motor Vehicles and Auto Parts
1. Guatemala shall accept vehicles and vehicle parts that are manufactured to comply with U.S. Federal Motor Vehicle Safety Standards (FMVSS) and U.S. emissions standards and accept U.S. compliance procedures for automotive products without requirements for U.S. vehicles to undergo additional processes to enter Guatemala's market.
2. Guatemala shall address any other standards or requirements that discriminate against U.S. vehicles and vehicle parts.
Article 1.4. Remanufactured and Refurbished Goods
Guatemala shall remove any import restrictions or licensing requirements on U.S. remanufactured goods or their parts.
Article 1.5. Rail Sector Infrastructure Standards Development
Guatemala shall enter into regulatory and economic dialogue with U.S. transportation authorities for ensuring convergence of standards and explore business opportunities in the rail sector. To that end:
(a) Guatemala shall take steps to coordinate government department and industry stakeholder participation in rail regulatory and economic dialogue.
(b) Guatemala shall inform the United States of availability for the first meeting of the U.S. - Guatemala rail regulatory and economic dialogue.
Documentation Requirements, Formalities, and Taxes
Article 1.6. Certificate of Free Sale
Guatemala shall ensure that its regulatory authorities accept any documentation establishing that a good may be sold on the U.S. market, or adherence to manufacturing practices recognized by U.S. regulatory authorities, as satisfying the requirement for a Certificate of Free Sale for such a good.
Article 1.7. Product Registration
1. Guatemala shall recognize product registrations granted for U.S. products by other Central American countries as it would recognize product registrations for products of other Central American countries. Any U.S. products so registered shall be subject to inspection only on a random basis at the point of entry of the Republic of Guatemala.
2. Guatemala shall ensure that its Ministry of Public Health and Social Assistance website is fully operational to allow for product registration.
Article 1.8. Apostille Requirements
Guatemala shall not adopt or maintain a requirement for importers to apply an apostille to product registration documents for products from the United States and shall not require hard copies, original copies, or authenticated copies, or wet signatures.
Agriculture
Article 1.9. Recognition of the U.S. Food and Agricultural Control System and Acceptance of Certificates Issued by U.S. Regulatory Authorities
1. Guatemala shall recognize that the U.S. sanitary and phytosanitary (SPS) measures and other measures for food and agricultural products, including technical regulations and standards, adopted or maintained by the U.S. government satisfy the requirements of Guatemala's measures applied to food and agricultural products imported into Guatemala.
2. Further to paragraph 1, Guatemala shall accept official U.S. government certification of compliance with U.S. requirements, for imports of food and agricultural products into Guatemala. Guatemala shall continue to ensure that any changes made to any bilateral export certification documents or electronic data elements are made through a consultative process with the United States.
3. Guatemala shall limit attestations and information required in certificates required for imports of U.S. food and agricultural products to what is necessary to comply with applicable U.S. requirements.
4. Guatemala affirms its commitments under Annex B of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures and Article 2 and Article 5 of the Agreement on Technical Barriers to Trade (TBT) to notify proposed measures to the WTO SPS or TBT Committee, as appropriate, and to take into account comments received from WTO Members before the measure is final.
Article 1.10. Facility Registration / Establishment Listing
Dairy Products