The Congress of Guatemala has approved Decree No. 15-2026, enacting the Comprehensive Law for the Prevention and Suppression of Money Laundering or Other Assets and Terrorist Financing.
For the regional business sector, this legislation represents a significant transformation in the way corporate, contractual, and compliance operations are managed.
Below, we analyze the key pillars of the reform and its strategic impact on organizations.
Expansion of the scope of reporting entities
One of the most significant changes is the incorporation of new economic actors into the preventive compliance regime supervised by the Special Verification Intendancy (IVE). The law makes clear that its purpose is not to criminalize the use of cash or informal economic activity, but rather to mitigate vulnerabilities in key sectors.
In addition to banks and insurance companies, the following entities are now formally classified as Reporting Entities and subject to AML/CFT obligations:
- Independent professionals and Notaries Public: When assisting with or carrying out transactions on behalf of clients involving the purchase and sale of real estate, the management of bank accounts or securities, the organization of contributions for the creation of legal entities, or the management and control of legal arrangements.
- Virtual Asset Service Providers (VASPs): Platforms and companies operating with cryptocurrencies and other digital assets.
- Vulnerable commercial sectors: Factoring companies, financial leasing companies, dealers in jewelry, precious stones and works of art, construction and real estate companies, armored transportation and security service providers, and pawnshops.
Adoption of the Risk-Based Approach (RBA)
The legislation moves away from the traditional “check-the-box” compliance model and adopts a RBA. This means that companies will no longer apply the same compliance measures uniformly to all customers.
Each organization must conduct a self-assessment to identify, categorize, and measure its money laundering risks based on customer profiles, products and services, distribution channels, and geographic exposure. The higher the identified risk, the more robust the controls that must be implemented.
Enhanced customer due diligence requirements
The law establishes clearer rules governing customer due diligence procedures. It precisely defines the levels of due diligence, simplified, standard, and enhanced, according to the risk profile identified.
What are the benefits? A clearer legal framework reduces legal uncertainty and helps avoid unnecessary operational burdens associated with requesting excessive documentation from low-risk customers. However, it also introduces the obligation to identify the Ultimate Beneficial Owner (UBO), defined as any individual holding 20% or more ownership or control of a corporate structure, as well as stricter oversight of Politically Exposed Persons (PEPs), both domestic and foreign.
Strengthening of operational compliance obligations
The new framework raises the standard for day-to-day compliance controls. Organizations must strengthen and, where necessary, restructure their compliance functions to effectively address three key areas:
- Suspicious Transaction Reporting (STR).
- Recordkeeping and information retention.
- Immediate cooperation and response to regulatory authorities.
Creation of CONCLAFT
The Decree creates the National Council for the Coordination of Efforts Against Money Laundering, Terrorist Financing, and the Financing of the Proliferation of Weapons of Mass Destruction (CONCLAFT). This high-level coordinating body will align strategies among public institutions, ensuring that sector-specific supervision remains consistent, coherent, and highly efficient.
What comes next?
While stricter regulation may initially appear to create additional operational challenges, in the medium and long term it directly strengthens the competitiveness and reputation of businesses.
The effective implementation of these compliance policies serves as a protective shield against the risk of being inadvertently used by criminal organizations. It also helps safeguard companies from financial penalties, preventive asset freezes, and reputational damage, which can often be difficult to reverse.
