Includes the barriers (tariff and non-tariff) that U.S. companies face when exporting to this country.
Last Published: 8/26/2019

Agricultural trade with Guatemala is not plagued by tariff and non-tariff barriers, but there are still some issues encountered by importers of U.S. agricultural and food products. These issues include: 1) Customs regulations; 2) Sanitary and phytosanitary certifications; 3) Product fortification requirements; and 4) Product samples.

Customs Regulations
Since 2009, importers of U.S. food, agricultural products, equipment and goods have increasingly encountered issues resulting from the denial of preferential treatment for U.S. origin goods, as well as accusations from Customs of under-declaring the value of products.
These problems have been characterized by the denial of preferential treatment which results in a higher tariff rate, re-classifying goods that are given a higher tariff rate, and revaluation of products which causes delays and results in additional value-added taxes. 
Exporters who are aware of shipments encountering these types of problems should contact the Office of Agricultural Affairs at U.S. Embassy Guatemala.  Please note that although Guatemala recently updated its policy to allow for multiple corrections to  the Certificate of Origin, it still does not permit rectifications after the importation.

Sanitary and Phytosanitary Concerns
Importers of U.S. seafood no longer need to request a plant-by-plant inspection of supplier warehouses or packing facilities prior to import.  On February 28 of 2018, the Ministry of Agriculture (MAGA) issued Ministerial Decree 28-2018, accepting U.S. exports (origin or third country) with the National Oceanographic and Atmospheric Administration (NOAA).  As of June 2018, NOAA will issue a Codex Certificate to any U.S. exporter interested in the Guatemala market.  While the Codex Certificate is available online (3 to 4 months), NOAA will issue the certificate in pdf format. 

Prior to May 2018, the Ministry of Agriculture of Guatemala established phytosanitary requirements for fresh produce, bulk commodities, and wood on a state-by-state basis, significantly limiting the options to source products.  As of May 2018, Guatemala and Honduras have agreed on one sole list of phytosanitary requirements for U.S. exports.  The new requirements eliminated the state-by-state specific attestations opening the market for products sourced at the national level.  The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture will issue export certificates with updated attestations; at least 70 percent of the products no longer require attestations.

Processed products of animal origin need to be accompanied by sanitary certificates issued by the Food Safety Inspection Service (FSIS) of USDA for poultry, meats, or processed eggs, and an Agricultural Marketing Service (AMS) certificate for milk or other dairy products.

Product Fortification Requirements
Requirements for product fortification have been in place for many years. The requirements are part of the nutritional efforts carried out by the GOG. The Central American and Panama Nutrition Institute (INCAP) oversees fortification standards for the region, and evaluates ingredients intended for fortification.

Product Sample
Guatemalan law prohibits the importation of  processed food samples over 20 Kg, unless they are specifically sent for product registration.  At the same time, the law specifies that all processed food products must be registered before they enter the country. This limits the opportunity for possible buyers to sample new products and to test their market potential. However, the Foreign Agricultural Service can request special permits for samples intended for marketing shows.  The GOG requests registration of primary food processed products (additives are the only exception, unless needed for the fortification program), per the Central American rules.

EU Geographical Indications
The Association Agreement (AA) with the European Union (EU) came into effect for Guatemala on December 1, 2013.  The EU requested registration of 114 geographical indications (GIs) for various cheeses and liquors under the AA. 

Guatemalan administrative authorities issued rulings on applications to register GI names that appear to be reasonable replacements for compound GI names.  According to 2014 rulings on single-name GIs, there are prohibitions to commercialize gorgonzola or fontina, as they are protected due to lack of record of use in country.  The following common name cheeses, among others, can be commercialized without restrictions:  parmesan, provolone, mozzarella, brie, camembert, and emmental.  This is considered public information; U.S. firms can find specifics for any other indications by contacting the Foreign Agricultural Service or the IP Registry Office at the Ministry of Economy.

SPS and TBT Commitments
Sanitary and Phytosanitary
Regarding SPS obligations, Guatemala has made significant efforts to meet U.S. trading requirements.  Guatemala granted the U.S. meat inspection system equivalency, as part of CAFTA-DR.  Guatemala accepts the FSIS export certificate as the sole valid document for microbiological, free sale, and sanitary certificates.  Equivalence was strictly negotiated for U.S. meat and meat products, but U.S. eggs do not currently have access to the Guatemalan market.    During 2012, Guatemala approved the MOU between FGIS/GIPSA/USDA and FDA, accepting the U.S. “Export Certificate of Grains” as valid compliance with Guatemalan food safety regulations.

The Ministry of Agriculture removed the requirement for on-site inspections of fisheries and seafood products, and a NOAA export certificate is now sufficient to export to Guatemala.

Phytosanitary requirements for fresh produce were significantly reduced, and as of June 5, 2018 state specific attestations have been eliminated.  The International Regional Organization of Plant and Animal Health (OIRSA) is responsible for quarantine measures at ports of entry and is mandated to act only when the identified pest appears on the official quarantine pest list which was published in 2015.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.