Type of Reservation: National treatment (Article 10- 04) Local presence (Article 10- 05).
Level of Govemment: National
Measures: Notarial Code, Decree 314, Art. 2.
Description: Cross-border services
To practice as a Notary Public it is required to be a natural Guatemalan, domiciled in the Republic and to have obtained the optional title in the Republic or the incorporation in accordance with the law.
Reduction Schedule: None
Sector: Business services
Subsector: Professional services
Industrial Classification:
Type of Reservation: National treatment (Article 10-04 and 14-04) Local presence (Article 10-05).
Level of Govemment: National
Measures: Code of Commerce Decree 2 -70, Article 213.
Description: Cross Border Services and Investment
The operation of foreign companies engaged in the rendering of professional services, for the exercise of which a legally recognized university degree, title or diploma is required, is prohibited. A foreign company is defined as a company incorporated abroad.
Reduction Schedule: None
Sector: Business services
Subsector: Professional services (customs brokers only)
Industrial Classification:
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04). Local presence (Article 10-05)
Level of Govemment: National
Measures: Decree Law 169, Protocol to the General Treaty on Central American Economic Integration containing the Central American Uniform Customs Code (CAUCA), published April 10, 1964 (Member countries: Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica).
Description: Cross-border services
The natural person interested in being authorized as a customs broker must be a national of one of the CAUCA signatory States and be domiciled in the country where he/she carries out his/her activity.
Legal entities interested in being authorized as a customs agency must be domiciled in the country where they carry out their activity.
Reduction Schedule: None
Sector: Business services
Subsector: Professional services
Industrial Classification:
Type of Reservation: Most favored nation treatment (Article10-03).
Level of Govemment: National
Measures: Political Constitution of the Republic of Guatemala, Article 87 Statutes of the Universidad de San Carlos de Guatemala, Articles 135 and 136.
Description: Cross-border services
Degrees awarded by Central American universities will be fully valid in Guatemala once the basic unification of study plans has been achieved.
Only those with degrees or incorporated in the Universidad de San Carlos de Guatemala and those who are covered by international treaties accepted by Guatemala may practice liberal professions in Guatemala, provided there is reciprocity.
Reduction Schedule: None
Sector: Business services
Subsector: Professional services
Industrial Classification:
Type of Reservation: Most favored nation treatment (Article 10-03) Local presence (Article 10-05).
Level of Govemment: National
Measures: Convention on the Practice of University Professions and Recognition of University Studies, in force since July 7, 1962 (member countries: Guatemala, El Salvador, Honduras and Costa Rica) Articles: 1, 3, 4, 6, 9 and 10.
Description: Cross-border services
A Central American by birth who has obtained in any of the States party to the Convention on the Practice of University Professions and Recognition of University Studies, a professional degree or equivalent academic diploma, which legally qualifies him to practice a university profession, shall be admitted to the practice of such activities in the other member countries of the Convention, provided he complies with the same requirements and formalities that, for such practice, the laws of the State where he wishes to practice the profession in question require of its nationals who are university graduates. The foregoing provision shall be applicable as long as the interested party retains the nationality of one of the Central American countries.
The above provisions are applicable to Central Americans by birth who have obtained their university degree outside Central America, provided they have been incorporated into a Central American University legally authorized to do so.
The validity in each of the States party to this Convention of academic studies approved in the universities of any of the other States is recognized.
Provisional licenses shall be issued to Central American emigrants or persecuted for political reasons who wish to practice their professions or continue their university studies in any of the States party to this Agreement, until such time as the interested parties are able to obtain the necessary documentation. In order to grant them, the corresponding entities of each country shall follow summary information, in order to verify the necessary extremes.
To enjoy the benefits of this Agreement, Central Americans by naturalization must have resided continuously for more than five years in Central American territory, after obtaining naturalization.
For the purposes of this Instrument, it is understood that the expression "Central Americans by birth" includes all persons who enjoy the legal status of nationals by birth in any of the signatory States. Likewise, it is understood that the expression "Central Americans by naturalization" refers to those who, not being natives of any of the States that sign this Agreement, have been naturalized in any of them.
Reduction Schedule: None
Sector: Construction services and engineering services
Subsector: All subsectors
Industrial Classification: CPC. 511 Preliminary construction work on construction sites. construction CPC. 512 Construction work for building CPC. 513 Construction work for civil engineering CPC. 514 Assembly and installation of prefabricated buildings CPC. 515 Specialized construction work CPC. 516 Installation work
Type of Reservation: Most favored nation treatment (Article10-03).
Level of Govemment: National
Measures: General Treaty on Central American Economic Integration, Article XVI, in force since June 4, 1961 (Member countries: Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica).
Description: Cross-border services
The Contracting States of the General Treaty on Central American Economic Integration shall grant the same treatment as to national companies, to companies of nationals of other signatory States engaged in the construction of roads, bridges, dams, irrigation systems, electrification, housing and other works aimed at the development of Central American economic infrastructure.
Reduction Schedule: None
Sector: Recreational, cultural and sporting services.
Subsector: Entertainment services (including film, theater, dance, music, recital, lecture, conference, circus, sporting events, bullfighting, cockfighting, bands and orchestras).
Industrial Classification: CPC. 96191 Artistic services of theatrical producers, theater troupes, theater singers, bands and orchestras CPC. 96192 Services provided by authors, composers and others, on an individual basis. CPC. 96194 Circus, amusement park services.
Type of Reservation: National Treatment (Article 10-04)
Level of Govemment: National
Measures: Public Entertainment Law, Decree 574, Articles 36, 37 and 49 Ministerial Agreement No. 592-99 of the Ministry of Culture and Sports.
Description: Cross Border Services and Investment
For the hiring of foreign ensembles, companies or artists, prior authorization must be obtained from the Dirección de Espectaculos.
For the presentation of international artists or artistic groups in Guatemala, a letter of consent from any of the legally recognized artists' unions in the country must be submitted, among other requirements.
In mixed performances, consisting of one or more films and a number of varieties, preference will be given, if the circumstances of the cast, program and contract permit, to national elements.
Reduction Schedule: None
Sector: Tourism and travel-related services
Subsector: Tour guide services
Industrial Classification: CPC. 7472 Tour guide services
Type of Reservation: National Treatment (Article 10-04) Local presence (Article 10-05)
Level of Govemment: National
Measures: Operation of Tourist Guides, Agreement no. 219-87, Article 6, of the Guatemalan Institute of Tourism (INGUAT).
Description: Cross-border services
The person providing services as a tour guide must be Guatemalan or resident.
Reduction Schedule: None
Sector: Transportation
Subsector: Air transportation
Industrial Classification: CPC. 731 Transportation of Passengers by Air (limited to aircraft pilots)
Type of Reservation: Most favored nation treatment (Article 10-03).
Measures: National Civil Aviation Law, Congressional Decree 100-97, Article 29.
Description: Cross-border services
Pilot licenses issued abroad will be accepted in accordance with international regulations and treaties ratified by Guatemala, as long as there is reciprocity in the treatment with the country where it was issued.
Reduction Schedule: None
Sector: Transportation
Subsecto: Road freight transportation. Road transportation of persons.
Industrial Classification: CPC. 7121 Other scheduled passenger transportation. CPC. 7122 Other non-scheduled passenger transportation CPC. 7123 Freight transportation
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04 and 14-04).
Level of Government: National:
Measures: Transportation Law, Decree 253, Article 4. Foreign Investment Law, Decree 9 -98, Article 19 Protocol to the General Treaty on Central American Economic integration, in force since August 16, 1995, Articles 15 and 28. Cargo Equipment Transportation Service Regulations, Governmental Agreement 135-94, Articles 3, 9 and 10. Chapter VIII of the Regulation of Extraurban Transportation Approved by Governmental Agreement of October 24, 1967, Article 77. Regulation of the Extraurban Road Passenger Transportation Service, Governmental Agreement 42-94, Articles 5 and 9. Regulation for the control of weights and dimensions of motor vehicles and their combinations, Governmental Agreement 1084-92, Article 8. Governmental Agreement of March 10, 1965, Articles 2 and 3
Description: Cross Border Services and Investment
The public service of transportation of passengers or cargo may be rendered by individuals, both nationals and foreigners. Additionally, such public service may also be rendered by legal entities, provided that at least 51% of their capital stock is contributed by Guatemalan shareholders.
No motor vehicle with foreign plates or license plates may transport commercial cargo between points within the national territory.
Exempt from the above prohibition are trailers or semi-trailers registered in any of the Central American States that temporarily enter the country.
Inter-Central American passenger transportation services may be operated by individual or legal companies, at least 51% of whose capital is made up of contributions from natural Central Americans. Cross-border services
Reduction Schedule:
Cross-border services
None
Investment
Foreign shareholders may contribute or invest in the capital stock of legal entities engaged in the transportation of passengers or cargo, in accordance with the following provisions:
1. As of January 1, 2001, with a maximum contribution of 51% of the respective capital stock.
2. As of January 1, 2004, with a contribution of 100% of the capital stock.
Sector: Transportation
Subsector:Land transportation Maritime transportation Air transportation
Industrial Classification: CPC. 7121 Other scheduled passenger transportation. CPC. 7122 Other non-scheduled passenger transportation CPC. 7123 Freight transportation. CPC. 7211 Transportation of passengers by sea CPC. 7212 Transportation of cargo by sea CPC. 731 Transportation of passengers by air CPC. 732 Transportation of cargo by air
Type of Reservation: Most favored nation treatment (Article10-03).
Level of Govemment: National
Measures: Multilateral Treaty on Central American Free Trade and Economic Integration, Article XV, in force since June 2, 1959 (Member countries: Guatemala, El Salvador and Nicaragua).
Description: Cross-border services
Maritime or air vessels, commercial or private, of any of the Contracting States shall be treated in the ports and airports open to international traffic of the other States on the same terms as the corresponding national vessels and aircraft. The same treatment shall be extended to passengers, crew and cargo of the other Contracting States.
Land vehicles registered in one of the signatory States shall enjoy in the territory of the other States, during their temporary stay, the same treatment as those registered in the visiting country.
Companies engaged in the provision of inter-Central American passenger and goods motor transport services in the signatory countries shall be accorded national treatment in the territories of the other States.
Vessels of any of the Contracting States providing services between Central American ports shall receive in the ports of the other States, the national treatment of cabotage.
Reduction Schedule: None.
Sector: Transportation
Subsector: Road freight transportation services by road
Industrial Classification: CPC. 7123 Freight Transportation
Type of Reservation: Most favored nation treatment (Article 10-03).
Level of Govemment: National
Measures: Resolution No. 64-98, approved by the Council of Ministers Responsible for Economic Integration and Regional Development (COMRIEDRE), on January 19, 1998.
Description: Cross-border services
A reciprocal and non-discriminatory treatment mechanism is established for cargo transportation services among the six member states of the Tegucigalpa Protocol (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama), which includes the following:
a. Full freedom of transit through its territories for means of land cargo transportation of goods destined from Panama to any Central American country, and from any Central American country to Panama.
b. Freedom of transit implies the guarantee of free competition in the contracting of transportation without prejudice to the country of origin or destination and national treatment to the transportation of all States in the territory of any of them, with the origins and destinations indicated above.
Reduction Schedule: None
Annex I. Schedule of Honduras
Sector: All Sectors
Subsector: All subsectors
Type of Reservation: National Treatment (Article 14-04)
Industrial Classification:
Level of Govemment: National
Measures: Constitution of the Republic, Title III, Chapter II, Article 107, Decree No. 131. Law for the Acquisition of Urban Property in the Areas delimited by Article 107 of the Constitution of the Republic of Mexico. Decree No. 90-90, Articles 1 and 4. Law for the Declaration, Planning and Development of Tourism Zones, Decree No. 968, Title V, Chapter V, Article 16.
Description: Investment
State, communal, communal or privately owned lands located in the area bordering neighboring States, or on the coast of both seas, within an extension of forty kilometers towards the interior of the country, and those of the islands, keys, reefs, breakwaters, rocks, sirtes and sandbanks, may only be acquired or owned or held under any title by Hondurans by birth, by companies composed entirely of Honduran partners and by State institutions, under penalty of nullity of the respective act or contract.
Notwithstanding the above, the acquisition of urban real estate indicated above, by natural persons that are not Honduran by birth and by companies that are not integrated in their totality by Honduran partners, when they are destined to tourist projects, of economic development, social development or of public interest qualified and approved by the Secretariat in the Offices of Tourism, is allowed.
In the case of foreign renters who use the land exclusively for their habitation, they may obtain the use, enjoyment or usufruct of it, according to leasing contracts or other contractual forms not transferring ownership for a term of up to forty (40) years, which may be extended. Such contracts and their extensions must be previously approved by the Secretariat of Tourism.
The Executive Power, through the Secretariat of State in the Offices of Government and Justice, may establish all kinds of restrictions, modalities or prohibitions for the acquisition, use, enjoyment and usufruct of land by persons who are not Honduran by birth or by companies that are not integrated in their totality by Honduran partners, for fundamental reasons of national convenience in those urban areas located in the bordering zones with neighboring countries.