Guatemalan companies will have new deadline to obtain corrective environmental instrument and environmental license
The Government of Guatemala has made significant changes to the Environmental Evaluation, Control, and Monitoring Regulation (RECSA) through Government Agreement No. 148-2024.
These changes are designed to simplify administrative processes and reduce regulatory burdens, aligning with the Law on Simplification of Procedures. This will facilitate regulatory compliance without compromising environmental standards.
Companies now have until September 27, 2025, to submit their Corrective Environmental Instrument and obtain the corresponding Environmental License. This extension will allow businesses more time to adjust to the current regulations.
The Environmental License is a legal requirement for activities that could impact the environment in Guatemala. It ensures that companies follow proper procedures to mitigate potential damage. Projects are classified into categories A, B1, B2, and C based on their environmental impact.
Which Companies Need an Environmental License?
- Construction projects (shopping centers, housing, etc.)
- Manufacturing industry (factories, production plants)
- Mining and natural resource exploitation
- Intensive agriculture and livestock farming
- Infrastructure projects (roads, bridges)
- Tourism (hotels and developments in ecological areas)
- Health services (clinics and hospitals due to waste generation)
Key Aspects of the Modifications
- If a company does not have ongoing incidental processes and voluntarily submits its instrument within the indicated deadline, the fine will be USD 647.40 (Q5,000). If the instrument is not submitted, penalties can range from USD 647.40 to USD 12,947.92 (Q5,000 to Q100,000), depending on the project category.
- Applications for environmental licenses can be submitted either physically or digitally through the Ministry of Environment and Natural Resources (MARN) platform.
- The corresponding payment must be made before submitting the Environmental Instruments. If the file is rejected, the payment slip can be reused within the following three months.
- The requirement for a sworn statement by the proposer is eliminated, and the proposer will assume full responsibility for the environmental commitments undertaken.
- All files must include a favorable opinion from CONAP (if applicable) when the application is submitted.
- License renewals must be requested 30 days before their expiration. If not requested within this period, it will be considered a breach of environmental commitments.
- Companies can request a payment agreement for fines during the administrative sanction process, with deadlines not exceeding twelve months.
Paul Rodríguez
paul.rodriguez@garciabodan.com
Senior Associate
García & Bodán
Guatemala