ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures |
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Guatemala |
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(Latin America/Caribbean)
Firm
Mayora & Mayora, S.C.
Contributors
Juan Pablo Gramajo Castro |
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| ESG Regulation related to climate change prevention or mitigation, specifically concerning carbon footprint or pollution measurement, decarbonization strategies, and/or mandates and strategies to achieve local carbon neutrality commitments | Laws/regulations concerning climate change prevention or mitigation include:
The scope of the application of this law is State. |
| ESG Regulation regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, geothermal, among others). | Laws/regulations concerning energy transition include:
The scope of the application of this law is State. |
| ESG Regulation concerning electricity markets, carbon markets, or similar. | Laws/regulations concerning electricity markets, carbon markets, or similar include:
The scope of the application of this law is State. |
| ESG Regulation in the realm of green or sustainable financing, including taxonomies, provisions for mandatory reporting of material financial information on environmental or social matters, as prerequisites for issuing thematic bonds (green, sustainable, | In general, Guatemala has no specific regulations on ESG matters as such with reporting requirements, etc., other than the Framework Climate Change Act and other regulations that cover related topics for different purposes. However, some companies have privately and voluntarily begun to adopt ESG reporting practices and standards. |
| ESG Regulation for preventing greenwashing. | Not applicable. |
| Regulation on ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services, etc.). | Not applicable. |
| Regulation in the field of circular economy. | Not applicable. |
| ESG Regulation related to stakeholder well-being and social impact. | Not applicable. |
| ESG Regulation concerning non-discrimination. | Laws/regulations concerning non-discrimination include:
The scope of the application of these laws is State. |
| ESG Regulation pertaining to the prevention of modern slavery. | Laws/regulations concerning the prevention of modern slavery include:
The scope of the application of this law is State. |
| ESG Regulation regarding Diversity, Equity, and Inclusion - DEI. | Not applicable. |
| Regulation on ESG-linked compensation. | Not applicable. |
| ESG Regulation for the protection of vulnerable or minority communities. | Laws/regulations concerning the protection of vulnerable or minority communities include:
The scope of the application of these laws is State. |
| ESG Regulation for economic development of vulnerable or minority communities or groups. | Not applicable.
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| Regulation on Personal Data Protection, concerning data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility. | Laws/regulations concerning Personal Data Protection include:
The scope of the application of this law is State. |
| ESG Regulation regarding the integration of the board of directors, board of trustees, or management body of the company (minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ES | Laws/regulations concerning the integration of the board of directors, trustees, or management body of the company include:
The scope of the application of this law is State. |
| Regulation on fiduciary responsibility and administrators' roles in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, bas | Laws/regulations concerning fiduciary responsibility and administrators' roles in environmental and social risk management include:
The scope of the application of these laws is State. |
| ESG Regulation concerning corporate purpose. | Not applicable. |
| Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies). | Not applicable. |
| ESG Regulation regarding supply chains from the perspective of ESG risk governance. | Not applicable. |
| ESG Regulation in the context of M&A (ESG due diligence). | Not applicable. |
| ESG Regulation related to Corporate Digital Responsibility. | Not applicable. |
| Specific mandates related to national alignment with specific reporting standards. | Not applicable. |
| Standards regarding the scope and frequency of such reports. | Not applicable. |
ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures
Guatemala
(Latin America/Caribbean) Firm Mayora & Mayora, S.C.Contributors Juan Pablo Gramajo Castro
Updated 22 May 2024Laws/regulations concerning climate change prevention or mitigation include:
- Framework Act for Reducing Vulnerability, Obligatory Adaptation Before the Effects of Climate Change and the Mitigation of Greenhouse Gas Emissions, Congressional Decree 7-2013
The act sets provisions to prevent, plan and respond to climate change impacts. It requires private companies to consider climate change and take advantage of appropriate technologies. Incentive programs must be put in place by the Ministry of the Environment and Natural Resources to compensate, reduce or absorb fossil fuel emissions. Projects and activities generating certificates or removal or reduction of greenhouse gas emissions may have access to voluntary and regulated carbon markets, as well as to bilateral and multilateral mechanisms for compensation and payment for environmental services.
The scope of the application of this law is State.
Laws/regulations concerning energy transition include:
- Energy Policy 2019 to 2050
The Energy Policy 2019 to 2050 aims to promote the development of smart grids and technological transition in illumination systems, and to promote the use and knowledge of international rules of energy management in the industrial sector, as well as promoting efficiency and savings in public and private institutions in the commercial, services and institutional sector.
The scope of the application of this law is State.
Laws/regulations concerning electricity markets, carbon markets, or similar include:
- Regulation for registering projects for the removal or reduction of greenhouse gas emissions, Ministry Agreement 284-2020
Develops the requirements for registering projects under the Framework Act, in order to obtain carbon certificates.
The scope of the application of this law is State.
In general, Guatemala has no specific regulations on ESG matters as such with reporting requirements, etc., other than the Framework Climate Change Act and other regulations that cover related topics for different purposes. However, some companies have privately and voluntarily begun to adopt ESG reporting practices and standards.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Laws/regulations concerning non-discrimination include:
- Labor Code
The Labor Code contains general, basic provisions forbidding discrimination in employment. - Commercial Code
The Commercial Code contains general, basic provisions on the provision of goods or services. - Criminal Code
The Criminal Code penalizes specific forms of discrimination.
The scope of the application of these laws is State.
Laws/regulations concerning the prevention of modern slavery include:
- Decree 9-2009, Act Against Sexual Violence, Exploitation and Human Trafficking
Creates a State institution to handle matters related to human trafficking and other forms of sexual violence and exploitation.
The scope of the application of this law is State.
Not applicable.
Not applicable.
Laws/regulations concerning the protection of vulnerable or minority communities include:
- Act Against Femicide and Other Forms of Violence Against Women
- Attention to Persons with Disabilities Act
- Integral Protection of Children and Adolescents Act
- Protection of Elderly Persons Act
The scope of the application of these laws is State.
Not applicable.
Laws/regulations concerning Personal Data Protection include:
- Access to Public Information Act
The Access to Public Information Act contains basic, general provisions on data privacy, applicable to public and private parties. However, it is not a comprehensive regulation of data protection matters as currently understood.
The scope of the application of this law is State.
Laws/regulations concerning the integration of the board of directors, trustees, or management body of the company include:
- Commercial Code
The Commercial Code regulates these matters but does not contain specific rules on matters such as minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ESG matters, etc.
The scope of the application of this law is State.
Laws/regulations concerning fiduciary responsibility and administrators' roles in environmental and social risk management include:
- Commercial Code
The Commercial Code regulates administrators' responsibility in general but does not contain specific rules on matters such as those mentioned in the reference column. - Criminal Code
The Criminal Code established the general regime of criminal liability applicable to a company's representatives or employees.
The scope of the application of these laws is State.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.