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Guatemala

Score Rank
Financial Standards Index 30.83 out of 100 68
Business Indicator Index 8.73 out of 12 48

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Overall Standards Summary

Guatemala achieves low overall compliance with international standards and codes, with a score of 30.83 out of 100 in our Standards Compliance Index. Guatemala's compliance in the area of macroeconomic fundamentals is mixed. The 2002 Central Bank Law has been widely lauded to set the legal framework for monetary transparency in Guatemala, but progress is needed in data dissemination and fiscal transparency. In other areas, the country has embarked on a financial sector reform program with the assistance of the World Bank, the International Monetary Fund, and the Inter-American Development Bank since 2004 and is bringing financial supervision closer to international standards. The voluntary release by the authorities of various self-assessments has also allowed to better judge Guatemala's compliance in Banking and Insurance Supervision. A real-time gross settlement system was launched in 2006 and the authorities are working to make the anti-money laundering regime compliant with the global standard. Notably, effective at the beginning of 2008, Guatemala adopted International Accounting and Auditing Standards. Nevertheless, the profile for Guatemala still suffers from a lack of publicly available information as to its compliance in the areas of insolvency framework, corporate governance, and securities regulation.

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Macroeconomic Policy and Data Transparency

NCSpecial Data Dissemination Standard

Guatemala does not subscribe to the International Monetary Fund's (IMF) Special Data Dissemination Standard (SDDS), but participates in the less stringent General Data Dissemination System (GDDS). A data mission from the IMF went to Guatemala in 2004 and published the results of its work as a Report on the Observance of Standards and Codes (ROSC) in 2005. The ROSC identified the Central Bank of Guatemala, the Ministry of Finance, and the National Statistics Institute as the principle providers of official statistics. While largely approving of Guatemala's ongoing efforts to improve its data dissemination practices, the ROSC found a number of areas where improvements were needed. Nonetheless, the IMF found that Guatemala possessed a broadly adequate legal framework covering its statistical activity, and commended the three agencies for their commitment to progressing in this area. One area of particular weakness was the enforcement of data reporting requirements; another was the need for improvements in methodology.

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ENCode of Good Practices on Transparency in Monetary Policy

According to a 2007 World Bank report, Guatemala’s 2002 Central Bank Law, part of a landmark set of financial sector regulatory reforms, addressed shortcomings in the country’s monetary policy transparency that an unpublished 2001 assessment mission by the International Monetary Fund (IMF) and the World Bank had identified. The five main achievements of the 2002 Central Bank are the clear statement of objectives of the Central Bank of Guatemala (BANGUAT), greater operational autonomy, greater financial autonomy, greater transparency and accountability, and stricter limitations on BANGUAT's Lender of Last Resort assistance. Since the reform, the sole fundamental objective of BANGUAT has been to achieve and maintain price stability. In order to achieve this objective, BANGUAT is aiming at an inflation targeting regime. However, given the authorities’ continuous attempts to stabilize the exchange rate, some IMF publications have concluded that Guatemala might be more appropriately labeled as an exchange rate targeter. At the conclusion of the 2009 Article IV Consultation, IMF Directors recommended the maintenance of exchange rate flexibility to increase monetary policy effectiveness and thereby strengthen the credibility of the inflation targeting framework. In 2009, BANGUAT submitted responses to a questionnaire based on the IMF’s Code of Good Practices on Transparency in Monetary Policy. While BANGUAT indicates that it follows all criteria for the principles of the Code, it falls short of explicitly declaring a level of compliance with these best practices.

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NCCode of Good Practices on Transparency in Fiscal Policy

The IMF noted in its 2006 Report on Observance of Standards and Code (ROSC) on Fiscal Transparency that Guatemala was progressing in important aspects of fiscal policy transparency. However, further improvements were urged in order to achieve compliance with the IMF's Code of Good Practices on Fiscal Transparency. Of special importance is the adoption of internationally accepted standards for classifying public entities, the expansion of budget documentation, the redefinition of executive and legislative fiscal functions, and improvements in the evaluation and selection procedures for public investment. The ROSC also suggested that there should be formal limits to the opportunity to amend the budget, once it has been approved, and called for an expansion of the Integrated Financial Administration System's coverage to include all the entities that comprise the general government. In addition, the ROSC called for the establishment of legal protections against political interference in tax administration; the introduction of transparent, merit-based hiring; a reduction of the number of entities and activities that are exempt from the Procurement Law, and the strengthening of the external audit function. In 2009, the Office of Fiscal Transparency within the Ministry of Finance completed a survey of its fiscal transparency practices based on the Code. While claiming to comply with nearly all the criteria of the Code’s principles, most of the responses to the survey do not specifically address or refute the particular weaknesses highlighted by the ROSC. A 2009 Article IV Consultation report by the IMF states that fiscal transparency in Guatemala has improved somewhat, but that more work needs to be done.

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Institutional and Market Infrastructure

IIEffective Insolvency and Creditor Rights Systems

In 2002, the National Law Center for Inter-American Free Trade (NLCIAFT) published a review of bankruptcy law developments in Latin America, in which a chapter on Guatemala was included. The report noted that, since 1970, Guatemalan legislation has dealt only with insolvency procedural matters. Substantive rules had been covered in the Commercial Code prior to that time, but were repealed. The U.S. Department of State reported in 2008 that there is still no specialized insolvency legislation, and noted that the situation described by the NLCIAFT still obtained. As the NLCIAFT review revealed, there are three available insolvency proceedings in Guatemala: (1) voluntary insolvency, (2) involuntary insolvency, and (3) bankruptcy. Financial institutions are covered separately, under Decree No. 9 of 2002, which provides a mechanism for transferring assets and liabilities between these institutions when they face financial distress. Overall, however, there is insufficient information publicly available as to Guatemala's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank.

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ENInternational Financial Reporting Standards

According to the Deloitte & Touche Tohmatsu IAS Plus website, through resolutions adopted in 2001 and in 2002, Guatemala replaced national Generally Accepted Accounting Principles (GAAPs) with International Financial Reporting Standards (IFRSs), effective for 2002 financial reports. However, since 2002, the International Accounting Standards Board (IASB) has been continuously revising IFRSs. As indicated on the website of the Institute of Public Accountants and Auditors of Guatemala (IGCPA), in order to further the adoption of IFRSs in the country, on December 20, 2007, the IGCPA published the Resolution on the Adoption of IFRSs, which took effect on January 1, 2008. The resolution repealed previous resolutions which promulgated the 2001 version of the international standards, and adopted the conceptual framework for the preparation of financial statements, as well as IFRSs and their interpretations. The application of IFRSs is optional for the periods beginning on January 1, 2008 and mandatory from January 1, 2009. Further, the resolution states that all future amendments of IFRSs introduced by the IASB will enter into force in Guatemala on the effective dates of the international standards.

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IIPrinciples of Corporate Governance

The most common corporation in Guatemala is the stock corporation. There is no dedicated corporate governance code in Guatemala. The Code of Commerce is the primary source for corporate governance regulations in Guatemala, as reported by Alvarado-Riedel and Cofino in a 2008 publication on corporate governance in Guatemala. The Code of Commerce covers the formation, types, and differences of business associations, shareholder issues, and governance matters. In addition, the Consumer Protection Law, the Securities Market and Commodities Law, the Banks and Financial Groups Law, and the Competition Law Bill contain provisions on specific corporate governance issues within the respective industry. However, in general, the rule of law "remains one of the most important challenges" for Guatemala. The predominant board structure in Guatemala is one-tier. Shareholders appoint members of the board or a sole administrator at the shareholders meeting. The board owes a duty of care to the shareholders, the company, and its creditors, and is liable to them for any damages or losses it causes. Alvarado-Riedel and Cofino point out that minority shareholder rights and protections are very weak in Guatemala, as are disclosure requirements, adds a 2007 International Monetary Fund Working Paper. Firms are not required to disclose material events, nor insider and substantial holdings. The Guatemalan capital markets are "weak and inefficient" and its securities market "is still in its initial development phase," according to the U.S. Department of Commerce. Overall, there is insufficient information publicly available as to Guatemala's compliance with the Organization for Economic Co-operation and Development Principles of Corporate Governance.

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ENInternational Standards on Auditing

According to the 2006 IGCPA self-assessment, Guatemalan Generally Accepted Auditing Standards (GAASs) are set by the Guatemalan Association of Public Accountants and Auditors of the IGCPA. As of the 2006 self assessment, the IGCPA stated that Guatemalan GAASs were not based on International Standards on Auditing (ISAs) issued by the International Federation of Accountants (IFAC). However, on December 20, 2007 the IGCPA published the Adoption of ISA resolution, which took effect for all audits conducted in 2008 and onward. The resolution abrogated the forty-eight GAASs issued by the Commission of Accounting and Auditing Principles of the IGCPA. The resolution then fully adopted ISAs issued by the International Auditing and Assurance Standards Board (IAASB), under the IFAC. Further, the resolution stipulated that in the future all new and revised ISAs will be adopted in Guatemala immediately upon their effective date.

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IDAnti-Money Laundering/Combating Terrorist Financing Standard

A 2005 report by the World Bank notes that one of the major financial sector reforms underway in Guatemala (with assistance from the World Bank) is the enactment of an anti-money laundering (AML) legislation that complies with international norms. The U.S. Department of State (DoS) in 2008 noted that reforms, which Guatemala has implemented, have brought the country closer to complying with international standards. The Law Against Money and Other Assets Laundering (Decree No. 67 of 2001) states that money laundering is punishable by prison terms ranging from 6 to 20 years, and fines equal to the value of the assets, instruments, or products resulting from the crime. Guatemala passed legislation in 2005 criminalizing terrorist financing, and according to the 2008 U.S. DoS report, this legislation brings Guatemala in line with Financial Action Task Force's (FATF) Special Recommendations on Terrorist Financing, and the United Nations Security Council Resolution 1373 Against Terrorism. Nonetheless, apart from this report, there is no other publicly available source assessing Guatemala's compliance with the FATF requirements. A 2008 report by the FATF lists Guatemala as one of the jurisdictions which have undertaken measures to implement the FATF's 40 Recommendations and 9 Special Recommendations. The financial intelligence unit of Guatemala is the IVE, which operates within the Superintendency of Banks as established by Decree No. 67. The IVE is responsible for supervising financial institutions.

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IDCore Principles for Systemically Important Payment Systems

In its 2006 report on the national payment system, the BANGUAT states that a reform strategy to modernize the country's payment system has been developed and was set forth in the 2004 "Matrix of Modernization of the Payment System." The reform aims to strengthen the payment system, implement modern technological tools to improve the efficiency in the operations settlement, apply international standards, and enhance institutional cooperation. Most significantly, according to the BANGUAT report, the modernization project incorporates the Committee on Payment and Settlement Systems' Core Principles for Systemically Important Payment Systems. Guatemala operates a Real Time Gross Settlement System, LBTR, which was launched on January 27, 2006. Banking and public entities with deposit accounts at the BANGUAT as well as other entities authorized by the BANGUAT may carry out online and real time financial transactions through the LBTR.

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Financial Regulation and Supervision

CPCore Principles for Effective Banking Supervision

At the time of the IMF's 2006 Article IV Consultation published in 2007, it was highlighted that further improvements were needed with regards to bank supervision and regulation, as well as the legal authority of supervisors. The IMF recommended improving consolidated supervision, and enhancing risk assessment. Credit classification and provisioning rules also needed tightening. In September 2007, the World Bank published its Implementation Completion and Results Report on the Financial Sector Adjustment Loan (FSAL) Project for Guatemala, aimed at promoting a stronger and better functioning banking sector. The World Bank concluded that regulatory reforms in 2002 had addressed shortcomings in the Guatemalan financial sector's legal and regulatory framework. The reforms also triggered the consolidation and restructuring of banks. The 2008 study by the International Bank for Reconstruction and Development and the International Finance Corporation on a Country Assistance Strategy (CAS) for Guatemala indicated that the main CAS objectives were achieved, including the establishment of risk-based supervision, and improvements in the supervision of financial conglomerates. The U.S. Department of Commerce's 2008 Country Commercial Guide states that the reforms have strengthened the regulatory and supervisory authority of the Superintendency of Banks (SIB), the agency responsible for the oversight and regulation of the financial services industry, and have brought practices in Guatemala "more in line with international standards." Finally, and perhaps most importantly, the SIB in 2008 released a self assessment of Guatemala's compliance with the Basel Core Principles (BCPs), in which it concludes that the country complies or largely complies with 25 of the 30 BCPs (considering that BCP 1 has six sub components).

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IIObjectives and Principles of Securities Regulation

The securities market in Guatemala is "weak and inefficient," states the U.S. Department of Commerce's (DoC) 2008 Country Commercial Guide. The two securities exchanges operating in Guatemala--the National Stock Exchange (BVN) and the Bolsa de Productos y Mercancías (BOLPROMER)--mainly trade commercial paper and government bonds. In December 2007, Shah et al. published a Working Paper for the IMF, in which they concluded that securities regulation in Guatemala was still at its infancy stage. The Securities Market Law of 1996 provides for a very limited role of the Securities Market Registry (RNVM), the securities market regulator in Guatemala. As a result, the regulator relies heavily on its supervision of the BVN and BOLPROMER for information gathering and data analysis. As of 2005, the Government of Guatemala was preparing a Capital Markets Law. However, there is insufficient information publicly available as to Guatemala's compliance with the Principles of Effective Securities Regulation developed by the International Organization of Securities Commissions.

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IDInsurance Core Principles

In September 2007, the World Bank published its Implementation Completion and Results Report on the Financial Sector Adjustment Loan Project for Guatemala, and concluded that regulatory reforms had addressed shortcomings in the Guatemalan financial sector legal and regulatory framework. The reforms have also brought practices in Guatemala "more in line with international standards," states the U.S. Department of Commerce's 2008 Country Commercial Guide. Efforts are still underway to improve the regulation of financial groups, given the inadequacy of existing legislation on conglomerates. As of 2005, the Government was preparing - among other initiatives - a draft Insurance Law. A 2005 study by the International Bank for Reconstruction and Development reported that the Law should reaffirm the supervisory authority of the SIB for the oversight and regulation of the financial services industry, including insurance companies. Guatemalan authorities have agreed with the World Bank that the new Insurance Law should follow the supervision standards issued by the International Association of Insurance Supervisors (IAIS). As of February 2009, there is no information on the adoption of the new law. In 2008, the SIB released a self-assessment of Guatemala's compliance with Insurance Core Principles (ICPs) promulgated by the IAIS. According to the SIB, as of 2008, Guatemala fully observed 2 principles, largely observed 11 ICPs, partly observed 8, and did not observe 6 ICPs. ICP 22 Derivatives was found to be not applicable in Guatemala.

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Business Indicators

With an overall score of 8.73/12, Guatemala is progressing towards standard on the economic, legal, and political indicators that make up our Business Index. Guatemala has a market-based economy where total government expenditure, including consumption and transfer payments, is low. Guatemala's capital accounts are liberalized and the country grants national treatment to foreign investors. However, ownership is restricted in several sectors and investors complain of multiple obstacles, such as restrictions on obtaining professional licenses, and a number of informal barriers such as an unpredictable bureaucracy and judicial system, long administrative processes, and crime. Tax incentives are available to investors to encourage investment. Property rights are enforced when titles are clear, but although the legal system does not formally discriminate against foreigners, having local knowledge of judicial processes helps in cases of dispute. While non-political violence remains a major issue, Guatemala can be adjudged to have at last achieved political stability founded on relatively solid democratic institutions. Corruption is a persistent problem in Guatemala, as reflected in Guatemala's low score in Transparency International's 2008 Corruption Perceptions Index.

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Global Indices & Quick Facts

Guatemala ranks mostly in the 3rd and 4th quintile of the global indices benchmarking political, economic, business, and human capital climates, as shown below. The legacy of political violence is reflected in its “Partly Free” ranking in the Freedom House Index. Guatemalan authorities have been taking steps to upgrade the economic and business environment, which is evidenced by its 2nd quintile ranking in the Economic Freedom of the World Index. However, its persistent problems in overall business regulation and particularly in the enforcement of property rights prevent these efforts from fully bearing fruit. Also, access to capital remains limited, and the low grade in the UNDP Human Development Index reflects the fact that an estimated 75 percent of the population lives below the poverty line. Also noteworthy is Guatemala's high level of perceived corruption, as shown by its low score and rank in Transparency International's Corruption Perceptions Index.

Name Year Rank Score Quintile
Bertelsmann Transformation Status Index 2010 70/128 5.55/10 3
Heritage Foundation Economic Freedom Index 2010 83/179 61.0% 3
Economic Freedom of the World Index 2009 42/141 7.25/10 2
World Economic Forum Global Competitiveness Index 2009 80/133 3.96/7 4
Milken Institute Capital Access Index 2009 80/122 3.75/10 4
World Bank Ease of Doing Business Index 2009 110/183 N/A 4
UNDP Human Development Index 2009 122/177 0.70/1 4
Transparency International Corruption Perceptions Index 2009 84/180 3.4/12 3
Freedom House Index 2009 Partly Free 3.5/7

Credit Ratings

BB+/Stable Fitch

Ba1/Stable Moody's

BB/Stable Standard & Poor's

Macroeconomic Data

2009 GDP (Current Prices): 38.1 billion USD (IMF)

2009 GDP (Per Capita): 2721 USD (IMF)

2010 GDP (Growth Forecast): 1.3% (IMF)


2009 Inflation (CPI): 3.9% (IMF)

2008 Unemployment: 3.2% (CIA)


2008 Foreign Direct Investment

FDI (Inward): 0.8 billion USD (UNCTAD)

FDI (Outward): 0.00 billion USD (UNCTAD)


2007 Official Development Assistance

ODA (Received): 45 million USD (OECD)

ODA (Disbursed): N/A million USD (OECD)

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