Guatemala shall:
(a) recognize the U.S. dairy-safety system as providing at least the same level of protection as Guatemala's dairy-safety system;
(b) allow imports of U.S. dairy products of bovine, ovine, and caprine origins when accompanied by a standard U.S. Department of Agriculture (USDA) Agricultural Marketing Service dairy sanitary certificate; and
(c) not adopt or maintain a facility registration requirement for imports of U.S. dairy products into Guatemala.
Article 1.11. Risk-based Requirements for Food and Agricultural Products
Guatemala's Ministry of Agriculture, Livestock, and Food shall ensure that inspections and fumigation of food and agricultural products at ports of entry shall be conducted only when justified through a science-based risk analysis.
Article 1.12. Agricultural Biotechnology
1. Noting the ability of agricultural biotechnology to improve lives by helping to feed growing populations and by promoting improved agricultural productivity while optimizing inputs, Guatemala shall maintain, for products of agricultural biotechnology, science- and risk-based regulatory frameworks and efficient authorization processes, in order to facilitate increased trade in such products.
2. Recognizing the efficacy of the U.S. regulatory system to assess the safety of products of agricultural biotechnology, Guatemala shall continue to permit any food or feed developed from products of agricultural biotechnology that can be legally sold in the United States to be imported and marketed in Guatemala for the same purposes without requiring a pre-market review, deregulation, additional labeling requirements, or approval by Guatemalan authorities.
3. In the event of an occurrence of low-level presence (LLP) affecting a U.S. shipment exported to Guatemala, Guatemala shall ensure that the LLP occurrence is managed without unnecessary delay; and shall take into account any relevant risk or safety assessment provided, and authorization granted, by the United States or any third country when deciding how to manage the LLP occurrence.
Intellectual Property
Article 1.13. Geographical Indications
With respect to the protection or recognition of a geographical indication, including pursuant to an international agreement, Guatemala shall:
(a) ensure transparent and fair procedures for examination, opposition, and cancellation, including with respect to a translation or transliteration;
(b) provide that the grounds for refusal, opposition, and cancellation include the likelihood of confusion with a prior trademark and whether the term is the term customary in common language as the common name for the relevant good in its territory;
(c) publicly identify which component or components it is protecting and which it is not protecting;
(d) not protect an individual component of a multi-component term that is protected or is recognized as a geographical indication if that individual component is the term customary in common language as the common name for the relevant good in its territory;
(e) not prevent third parties from commercial use of a term, sign, or image based on the evocation of a geographical indication protected or recognized in its territory; (2) and
(f) in determining whether a term is the term customary in common language as the common name for the relevant good in its territory, have the authority to take into account how consumers understand the term in its territory and recognize that factors relevant to that consumer understanding may include:
(i) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;
(ii) how the good referenced by the term is marketed and used in trade in its territory;
(iii) whether the term is used in relevant international standards to refer to a type or class of good in its territory, such as pursuant to a standard promulgated by the Codex Alimentarius; and
(iv) whether persons other than the person who claims rights in the term use the term as the name for the type of product in question.
Article 1.14. International Agreements
1. Guatemala shall ratify or accede to each of the following agreements, if it is not already a party to that agreement, and shall fully implement each agreement:
(a) Berne Convention for the Protection of Literary and Artistic Works, done at Berne on September 9, 1886, as revised at Paris on July 24, 1971;
(b) Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, done at Brussels on May 21, 1974;
(c) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980;
(d) Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on July 2, 1999;
(e) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh on June 27, 2013;
(f) Paris Convention for the Protection of Industrial Property, done at Paris on March 20, 1883, as revised at Stockholm on July 14, 1967;
(g) Patent Cooperation Treaty, done at Washington on June 19, 1970, as amended on September 28, 1979, and modified on February 3, 1984;
(h) Patent Law Treaty, done at Geneva on June 1, 2000;
(i) Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006;
(j) International Convention for the Protection of New Varieties of Plants, done at Paris on December 2, 1961, as revised at Geneva on March 19, 1991;
(k) World Intellectual Property Organization (WIPO) Copyright Treaty, done at Geneva on December 20, 1996; and
(l) WIPO Performances and Phonograms Treaty, done at Geneva on December 20, 1996.
2. Guatemala shall ratify or accede to and shall fully implement the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done at Madrid on June 27, 1989, within 18 months of the date of entry into force of this Agreement.
Article 1.15. Additional Intellectual Property Issues
Guatemala shall expeditiously take steps to fully resolve the issues identified with respect to Guatemala in the most recent Special 301 Report, including:
(a) improving coordination among intellectual property (IP) enforcement agencies, including by setting up a coordination body for IP enforcement agencies;
(b) increasing criminal prosecutions of IP cases, maintaining this increased level of criminal prosecutions, and seeking deterrent-level penalties;
(c) increasing enforcement actions against IP infringement or misappropriation, maintaining this increased level of enforcement actions, and devoting sufficient resources to ensure continued effective IP enforcement; and
(d) devoting sufficient resources to ensure effective IP enforcement, setting enforcement benchmarks, and issuing regular public reports online regarding enforcement activities.
Transparency and Good Regulatory Practices
Article 1.16. Adoption and Implementation of Good Regulatory Practices
With respect to the adoption and implementation of good regulatory practices at the central level of government, Guatemala shall:
(a) ensure that laws, regulations, procedures, and administrative rulings are promptly published and made easily accessible online;
(b) publish and make easily accessible online the text of proposed regulatory actions, as well as any regulatory impact analysis, an explanation of the regulation, and its objective;
(c) conduct public consultations for proposed regulatory actions in a transparent manner; allow adequate time for interested persons, domestic and foreign, to submit comments, taking into account the complexity or possible impact of the proposed regulation; and give consideration to comments received;
(d) give reasonable notice of planned regulatory actions and publish regulatory policy priorities that will be developed, modified, or eliminated in the near term;
(e) use publicly accessible high-quality data, evidence, technical information, and risk assessments, where appropriate, during the planning and development of regulation;
(f) support international regulatory cooperation through the use of, as appropriate, relevant international standards, guides, and recommendations to avoid unnecessary obstacles to trade;
(g) conduct reviews of regulation in effect to determine whether new information or other changes justify modification or repeal of regulation; and
(h) use tools, such as regulatory impact analysis, to assess the need for and possible impacts of regulations, which could also include alternative approaches to regulation, where appropriate.
Services
Article 1.17. Services Domestic Regulation
Guatemala shall take effective actions to implement the Joint Initiative on Services Domestic Regulation, including submitting its revised Specific Commitments for certification by the WTO.
Labor
Article 1.18. Protection of Internationally Recognized Labor Rights
To help ensure Guatemala's law and practice protect internationally recognized labor rights, Guatemala shall:
(a) finalize, issue, and implement regulations streamlining the approval process for collective bargaining agreements; and
(b) amend its labor code to remove barriers to workers' right to organize, including by:
(i) reducing the minimum number of workers needed to form a sectoral trade union to a number that does not excessively hinder union formation;
(ii) permitting naturalized citizens to be elected as union leaders; and
(ii) permitting naturalized citizens to be elected as union leaders; and
(iii) ensuring that votes to strike are determined based on a majority of votes cast, rather than a majority of the total number of workers in a union.
Article 1.19. Enforcement of Labor Law
To facilitate the effective enforcement of its labor law, (3) Guatemala shall:
(a) ensure its labor inspectorate is sufficiently resourced, including with respect to funding, personnel, training, transportation, and equipment;
(b) implement the labor inspectorate?s electronic case management system nationwide;
(c) publish quarterly reports on inspection statistics;
(d) effectively and expeditiously investigate and prosecute cases of anti-union violence or threats of violence against trade unionists; and
(e) revoke the export license of any producer that fails to pay fines assessed to it for labor law violations; does not implement or otherwise abide by court orders related to Guatemala?s labor law; or is in arrears with the Guatemala Social Security Institute.
Environment
Article 1.20. Illegal Logging and Associated Trade
1. Guatemala shall take measures to combat, and cooperate with the United States to prevent, trade in illegally harvested forest products.
2. Pursuant to its existing authorities, Guatemala shall enhance its inspections of timber imports and exports, and ensure sufficient resources to do so, including with respect to funding, personnel, and training.
Article 1.21. Fisheries Subsidies
1. Guatemala shall fully implement the obligations of the WTO Agreement on Fisheries Subsidies (AFS), notwithstanding Article 12 of the AFS.
2. In addition, Guatemala shall ensure its fisheries subsidies do not contribute to overcapacity and overfishing, including through the use of robust fisheries management regimes and reform of such subsidies.
Article 1.22. Sustainable Fisheries Management and Illegal, Unreported, and Unregulated Fishing
1. Guatemala shall operate a sustainable fisheries management system that regulates marine wild capture fishing and promotes the long-term conservation of marine species including sharks, sea turtles, seabirds, and marine mammals.
2. Guatemala shall strengthen enforcement of fisheries-related laws, regulations, and other measures to effectively combat illegal, unreported, and unregulated (IUU) fishing and deter trade in products from IUU fishing, including through:
(a) taking steps towards ratification of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA) and the deposit of its instrument of accession. Until the PSMA enters into force for Guatemala, Guatemala shall take measures to implement port state measures, including through actions consistent with the PSMA;
(b) adopting or strengthening measures to deter vessels flying its flag and its nationals from engaging in IUU fishing; and
(c) preventing the transshipment at sea of fish caught through IUU fishing or fish products derived from IUU fishing.
Article 1.23. Combating Illegal Wildlife Trade and Associated Crimes
Guatemala shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that were taken or traded in violation of its law or another applicable law, including through the following actions:
(a) take measures to enhance the effectiveness of inspections of shipments containing wild fauna and flora, including parts and products thereof, at ports of entry;
(b) take measures to combat the trade of wild fauna and flora transshipped through its territory that, based on credible evidence, were illegally taken or traded;
(c) treat intentional transnational trafficking of wild fauna and flora as a serious crime as defined in the United Nations Convention on Transnational Organized Crime; and
(d) take measures to dismantle organized trafficking networks involved in nature crimes.
Article 1.24. Convention on International Trade In Endangered Species of Wild Fauna and Flora
Guatemala shall strengthen implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to ensure legal and sustainable trade of CITES-listed species.
Article 1.25. Illegal Mining
Guatemala shall take measures to combat trade in illegally extracted metals, including by strengthening institutions responsible for enforcing laws and regulations related to mining activities.
Customs & Trade Facilitation
Article 1.26. Customs Valuation
1. Guatemala shall fully implement the technical upgrades to its customs valuation risk assessment process within 30 days from the date of entry into force of this Agreement and shall provide a status update on a monthly basis until the upgrades are finalized and fully implemented.
2. Guatemala shall use the prices in its customs valuation database for no purpose other than risk management and shall not use such prices to determine customs duties, taxes, or the amount of a guarantee for the release of goods.
Article 1.27. Single Window
Guatemala shall implement its Single Window for imports by its definitive date notified according to the WTO Agreement on Trade Facilitation. Guatemala's Single Window shall allow for the collection of pre-arrival declaration data, and Guatemala shall require all border agencies to conclude their processing of such data prior to arrival to allow for the immediate release of low-risk shipments without transfer to a customs bonded area or warehouse.
Article 1.28. Electronic Certification Data
Guatemala shall establish or maintain a system that receives system-to-system electronic certification (eCert) data from the USDA Food Safety and Inspection Service for exports of meat, poultry, and egg products of the United States.
Article 1.29. Protection of Proprietary Data
Guatemala shall protect proprietary data submitted to the Superintendencia de Administraci�n Tributaria by U.S. traders from unauthorized disclosure.
Article 1.30. Periodic Payment for Express Shipments
Guatemala shall implement periodic payment for express delivery shipments.
Section B. Digital Trade and Technology
Article 2.1. Data Transfers
Guatemala shall provide certainty regarding the ability to move personal data out of its territory to the United States, including by recognizing the United States as a country or jurisdiction that provides adequate data protection under Guatemala's law.
Section C. Economic and National Security
Article 3.1. Strategic Trade
1. Guatemala shall establish measures to restrict the unauthorized export, reexport, and in-country transfer of U.S.-origin or U.S.-controlled items subject to the Export Administration Regulations (EAR) unless the exporter presents U.S. Department of Commerce?s Bureau of Industry and Security (BIS) reexport authorization or demonstrates no BIS authorization is required.
2. Guatemala shall screen and share its customs and transaction data related to U.S.-origin or U.S.-controlled items to identify transactions of concern to U.S. authorities, including BIS or its surrogate, and shall adopt and implement measures to prevent and address violations of U.S. export controls.
3. Guatemala shall develop domestic export control systems and enforcement mechanisms, including by establishing and implementing civil and criminal penalties, and strengthening its auditing and investigative capabilities, and shall partner with the United States on such enforcement actions where appropriate, including by sharing information when violations may have occurred and cooperating on end-use checks and investigations.
Article 3.2. Equipment and Platform Security
1. Guatemala shall ensure that is ports, port terminals, and logistics tracking networks, and its commercial fleet, use digital logistics platforms that provide appropriate cybersecurity protection, protection against the unauthorized disclosure of data, protection against national security risks, and protection against data access by other foreign governments.
2. Guatemala shall only use communication technology and security scanning equipment suppliers that do not compromise the security, safeguards, and intellectual property of information and communication technology infrastructure, including 5G, 6G, communica\ tion satellites, and undersea cables. Guatemala shall consult with the United States on identifying suppliers that are unable to meet these standards.
Article 3.3. Government Procurement
1. For the purposes of government procurement, if Guatemala requires cloud service providers to qualify for a certification or standard in order to be awarded a procurement contract, Guatemala shall accept as equivalent to its domestic requirement, any U.S. cloud computing service that meets the requirements established in the Federal Risk and Authorization Management Program (FedRamp).
2. Guatemala shall take steps to restrict access to central level procurements covered by its free trade agreement commitments for suppliers from non-free trade agreement partners, permitting exceptions as necessary, in a manner comparable to the United States' procurement restrictions.
Article 3.4. Antidumping and Countervailing Duty Cooperation
Guatemala shall expand cooperation and exchange information with the United States, as appropriate, related to U.S. and Guatemalan antidumping and countervailing duty proceedings, including circumvention inquiries.
Section D. Section D. Commercial Considerations and Opportunities
Article 4.1. Ethanol
Guatemala shall implement an E10 ethanol blend mandate for on-road ethanol use, and shall endeavor to purchase at least 50 million gallons of ethanol from the United States annually.