Guatemala

Compliance/Financial Considerations

If you intend to do any of the following in Guatemala, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2.

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Guatemala, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Guatemala. For more information about double taxation issues, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122. Transparency International’s 2018 survey of perceived public sector corruption rated Guatemala at 27 out of 100 (144th out of 180 countries reviewed, i.e. corrupt).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.  

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations.

Articles

The US State Department's page on GUATEMALA may be found HERE.

Personal Safety

OFFICIALS IN GUATEMALA ARE LIKELY TO MAINTAIN THE NATION'S CURRENT CORONAVIRUS (COVID-19) DISEASE RESTRICTIONS THROUGH AT LEAST LATE NOVEMBER. INDIVIDUALS MUST CONTINE TO USE FACEMASKS THAT COVER THEIR MOUTHS AND NOSES WHILE IN PUBLIC; FAILURE TO DO SO MAY RESULT IN A FINE. INDIVIDUALS ARE ALSO URGED TO CONTINUE COMPLIANCE WITH SOCIAL DISTANCING AND ADEQUATE HYGIENE PROTOCOLS. ALL PERSONS ENTERING GUATEMALA MUST PRESENT A NEGATIVE COVID-19 TEST RESULT FROM A TEST TAKEN NO MORE THAN 72 HOURS BEFORE THEIR ARRIVAL. AUTHORITIES WILL ENFORCE ADDITIONAL HEALTH PROTOCOLS AND SCREENINGS AT LA AURORA INTERNATIONAL AIRPORT (GUA); PASSENGERS ARRIVING BY AIR ARE ALSO REQUIRED TO COMPLETE AN ONLINE HEALTH PASS BEFORE ARRIVAL. ALL MEASURES ARE SUBJECT TO AMENDMENT AT SHORT NOTICE. AUTHORITIES MAY REAPPLY OR FURTHER EASE RESTRICTIONS DEPENDING ON COVID-19 ACTIVITY. TRANSPORT AND BUSINESS DISTRUPTIONS ARE LIKELY TO PERSIST DESPITE REOPENING PLANS.

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu(link sends e-mail).

If you are traveling to Guatemala on University-related business, please sign up for the University’s travel insurance program by going here(link is external). For more information on the travel insurance program, please go here.

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic(link is external)

The quality of health care is fair in Guatemala City but poor elsewhere in the country. Within Guatemala City, private hospitals are generally better than public hospitals, which are prone to shortages of basic supplies, medicines, and equipment, but private hospitals usually require proof of ability to pay prior to admission. The US Embassy in Guatemala City maintains this website(link is external) of health care providers, but makes no guarantee about the quality of their service. Travelers requiring medications should bring enough to last the duration of their trip, along with proof of their prescription for possible presentation at customs.

Air pollution can be a problem in urban areas, especially Guatemala City. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

The drinking water in Guatemala’s urban areas is usually potable, but power outages, water shortages, and other problems may compromise water quality. The drinking water in rural areas may be contaminated with pathogens and chemicals. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Travelers should use well-recognized brands of bottled water whenever possible.

Street vendors and other unregulated food distributors often have poor hygiene standards and should be avoided. Travelers should also avoid raw or undercooked meat dishes and unpasteurized dairy products, which frequently harbor bacterial and parasitic pathogens.

Travelers risk contracting a number of serious illnesses in Guatemala, including:

  • Malaria, transmitted by mosquito bites year-round, with elevated risk from May through October.
  • Dengue fever, another mosquito-borne disease. Risk is countrywide and elevated from July through August and November through December.
  • Zika virus(link is external), yet another mosquito-borne malady, throughout the country but primarily in the departments of Quetzaltenango and Zacapa.
  • Typhoid, transmitted by contaminated food, water, or milk.
  • Leishmaniasis, transmitted by sand flies. the highest risk is in rural areas from March through July.
  • Onchocerciasis (also known as river blindness or filariasis), transmitted by black flies, in four endemic areas: Cuilco, Central, Escuintla, and Santa Rosa.

Crime is a serious risk for travelers. Pickpocketing and purse snatching are the most frequent non-violent crimes, but armed robberies and assaults have become increasingly common. Gang violence, sometimes involving guns, is typically aimed at other locals, but travelers can get caught in the crossfire, especially on public transportation, which should be avoided. Express kidnappings, where victims are forced to withdraw cash from ATMs and released after a few hours, are also typically aimed at locals, but have expanded to travelers in urban environments. Drug trafficking organizations operate near the Mexican border and are a frequent source of violence, making travel in the area unsafe, particularly at night.

The Guatemalan police are poorly resourced and understaffed. Corruption is endemic, and travelers may be charged with real or contrived infractions that can be resolved only through a bribe. The Guatemalan military usually handles security in high-risk areas like the border region with Mexico. 

Earthquakes occur every few years in Guatemala. To optimize your preparation for an earthquake, review this guidance from the State of California(link is external)

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Furthermore, some laws are also prosecutable in the U.S., regardless of local law. 

Arrest notification: If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately.

LGBTI Travelers: While there is no legal recognition of same-sex partnerships or marriages, private same-sex sexual activity between consenting adults is legal.

  • Antidiscrimination laws exist but do not include specific protections based on sexual orientation or gender identity.
  • There is general societal discrimination against LGBTI persons in access to education, health care, employment, and housing.
  • According to LGBTI rights groups, gay and transgender individuals often experience police abuse. LGBTI rights groups allege that police officers regularly engage in extortion by waiting outside clubs and bars frequented by LGBTI persons to demand that those engaged in sexual activities pay protection money or pay to avoid jail.
  • A lack of trust in the judicial system and a fear of further harassment or social recrimination discourage victims from filing complaints.