Foreign nationals may, however, own or possess urban real estate and real estate for which rights were registered in the General Property Registry before March 1, 1956 within the 15 kilometer area.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Código de Comercio, Decree No. 2-70, and its amendments contained in Decree No. 62-95, Art. 2
Description: Investment
For an enterprise organized under foreign law to be established in Guatemala, in any form, it must allocate an assigned amount of capital for its operations in Guatemala, and execute a guarantee in favor of third parties in an amount not less than the equivalent in quetzales of US$ 50,000, which must remain in effect for the duration of the enterprise's operations in Guatemala.
The exact amount of the guarantee shall be determined by the Registro Mercantil, based on, among other factors, the amount of the investment.
For greater certainty, the requirement of a bond is not to be construed to prevent an enterprise organized under the laws of a foreign country from establishing in Guatemala.
Sector: Forestry
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Constitución Politica de la Republica de Guatemala, Art. 126
Description: Investment
Only Guatemalans by birth or enterprises organized under Guatemalan law may exploit and renew forestry resources.
Sector: Professional Services - Notaries
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Código de Notariado, Decree No. 314, Art. 2
Description: Cross-Border Services
To practice as a notary public, an individual must be a Guatemalan by birth domiciled in Guatemala.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Código de Comercio, Decree No. 2-70, Art. 213
Description: Investment
An enterprise organized under the laws of a foreign country that supplies a professional service that requires a legally recognized university degree, certificate, or diploma may not be established in Guatemala. However, such an enterprise may supply its services in Guatemala through a contract or other relationship with an enterprise established in Guatemala.
Sector: Performing Arts
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Ley de Espectáculos Públicos, Decree No. 574, Arts. 36, 37, and 49
Acuerdo Ministerial No. 592-99 del Ministerio de Cultura y Deportes, Art. 1
Description: Cross-Border Services
Prior authorization from the Dirección de Espectdculos is required to contract with foreign groups, enterprises, or artists.
In order for foreign artists or artist groups to perform in Guatemala, they must have a consent letter from any of the legally recognized non-governmental artist unions in the country.
In mixed performances, made up of one or more films and variety shows, preference will be given to Guatemalans if the circumstances of the cast, schedule, and contract so allow.
Sector: Tour Guides
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Acuerdo No. 219-87 del Instituto Guatemalteco de Turismo - INGUAT- Funcionamiento de Guias de Turismo, Art. 6
Description: Cross-Border Services
Only Guatemalans by birth or nationals of a foreign country that are residents in Guatemala may provide tour guide services in Guatemala.
Sector: Specialty Air Services
Obligations Concerned: Most-Favored-Nation Treatment (Article 11.3)
Level of Government: Central
Measures: Ley de Aviación Civil, Decreto del Congreso 93-2000, Art. 24
Description: Cross-Border Services
In order to perform aeronautical duties on board foreign aircraft, individuals are required to have a certificate, license, or the equivalent, accepted by the Dirección General de Aeronáutica Civil, or issued pursuant to an international agreement to which Guatemala is a party, under conditions of reciprocity.
Sector: Specialty Air Services
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Ley de Aviación Civil, Decreto del Congreso 93-2000, Art. 62
Description: Cross-Border Services
In the operation of specialty air services by Guatemalan operators, all personnel performing aeronautical duties on board the aircraft must be Guatemalans by birth. However, the Dirección General de Aeronáutica Civil may authorize foreign nationals to perform such duties for a period not to exceed three months, counting from the date of authorization.
The Dirección General de Aeronáutica Civil may extend this period if it determines that there are no such trained personnel in Guatemala.
Sector: Air Transportation
Obligations Concerned: National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Measures: Ley de Aviación Civil, Decree No. 93-2000, Art. 71
Description: Investment
Only Guatemalans by birth or enterprises organized under Guatemalan law may operate commercial air transportation services in Guatemala.
For greater certainty, commercial air transportation services includes all domestic air transport, including of passengers, mail or cargo.
In order to supply such services, an enterprise must also meet the following requirements:
(a) the enterprise must have its principal place of business in Guatemala; and
(b) at least one-half, plus 1, of the directors, managers and individuals who have responsibility for management and control of the enterprise must be Guatemalans by birth or be a permanent resident of Guatemala.
Annex I. Schedule of Honduras
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures:
Decree No. 131, Constitución de la República, Title II, Chapter II, Art. 107
Decree No. 90-1990, Ley para la Adquisición de Bienes Urbanos en las Areas que delimita el Articulo 107 de la Constitución de la República, Arts. 1 and 4
Decree No. 968, Ley para la Declaratoria, Planeamiento y Desarrollo de las Zonas de Turismo, Title V, Chapter V, Art. 16
Description: Investment
State land, common land, and private land within 40 kilometers of the borders and coastlines, and such land on islands, keys, coral reefs, breakwaters, rocks, and sand shoals in Honduras, can only be acquired, possessed, or held under any title by Honduran nationals by birth, by enterprises fully owned by Honduran nationals, and by state institutions.
Notwithstanding the preceding paragraph, any person may acquire, possess, hold, or lease for up to 40 years (which may be renewed) urban lands in such areas provided that it is certified and approved for tourist purposes, economic or social development, or for the public interest by the Secretaria de Estado en el Despacho de Turismo.
Any person that acquires, possesses, or holds such urban land may transfer that land only after prior authorization by the Secretaria de Estado en el Despacho de Turismo.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3) Most-Favored-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Decree No. 131, Constitucidn de la Republica de Honduras,Title VI, Chapter I, Art. 337
Agreement No. 345-92, Reglamento de la Ley de Inversiones, Chapters I and VI, Arts. 3 and 49
Description: Investment
Small-scale industry and trade are reserved to Honduran persons. Foreign investors cannot engage in small-scale industry or trade unless they are naturalized citizens and their country of origin grants reciprocity.
"Small-scale industry and trade" means an enterprise with capital, excluding land, buildings, and vehicles, of less than 150,000 Lempiras.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3) Most-Favored-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Decree No. 65-87, May 20, 1987, Ley de Cooperativas de Honduras, Title II, Chapter I, Arts. 18 and 19
Agreement No. 191-88, May 30, 1988, Reglamento de la Ley de Cooperativas de Honduras, Att. 34(c) and (d)
Description: Investment
Non-Honduran cooperatives may establish in Honduras if they receive authorization from the Instituto Hondurefio de Cooperativas. Authorization will be granted if:
(a) reciprocity exists in the country of origin; and
(b) the non-Honduran cooperative has at least one permanent legal representative in Honduras.
Sector: Customs Agents and Customs Agencies
Obligations Concerned: National Treatment (Article 10.3 and 11.2)
Level of Government: Central
Measures: Decree No. 212-87, Ley de Aduanas, Title IX, Chapter I, First and Third Sections, Arts. 177 and 182
Description: Cross-Border Services and Investment
Licensed customs agents must be Honduran nationals by birth.
Employees of the customs agent, who act on behalf of the customs agent, also must be Honduran nationals by birth.
Sector: Agricultural
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Agreement No. 2124-92, Reglamento de Adjudicación de Tierras en la Reforma Agraria, Arts. 1 and 2
Description: Investment
Agrarian reform beneficiaries must be Honduran nationals by birth, individually or organized in peasant cooperatives or other peasant enterprises.
Sector: Communications Services - Mail
Obligations Concerned: Market Access (11.4)
Level of Government: Central
Measures: Decree No. 120-93, Ley Organica de le Empresa de Correos de Honduras, Arts. 3 and 4
Description: Cross-Border Services
The operation of the mail system in Honduras is reserved exclusively to the Empresa Hondureña de Correos (HONDUCOR). (1)
Sector: Radio, Television, and Newspaper Services
Obligations Concerned: Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Measures: Decree No. 131, Constitución de la Republica de Honduras, Chapter I, Art. 73, third paragraph
Decree No. 6, Ley de Emisión del Pensamiento, Chapter IV, Art. 30
Decree No. 759, Ley del Colegio de Periodistas de Honduras, Art. 8, amended by Decree No. 79, January 1, 1981
Description: Investment
Only Honduran nationals by birth may exercise senior management of newspapers or free over the air broadcast (radio and television) news media, including its intellectual, political, and administrative orientation. (2)
Sector: Telecommunications
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Decree No. 185-95, Ley Marco del Sector Telecomunicaciones, Chapter I, Art. 26
Agreement No. 141-2002, Reglamento General de la Ley Marco del Sector de Telecomunicaciones, December 26, 2002, Title II, Chapter I, Art. 93
Description: Cross-Border Services
Foreign governments may not directly participate in the provision of public telecommunications services.
Sector: Telecommunications
Obligations Concerned: Market Access (Article 11.4)
Level of Government: Central