GENERAL LAW OF THE NATIONAL PORT SYSTEM

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The Congress of the Republic of Guatemala issued Decree Number 20-2026, establishing the General Law of the National Port System, with the objective of creating a legal framework to organize, regulate, plan, develop, manage, and supervise the country's port activities and facilities.The new legislation seeks to modernize and strengthen the National Port System, ensuring that port services are efficient, safe, competitive, and sustainable. It also aims to promote national and international investment, improve port infrastructure, and contribute to Guatemala's economic and social development.

Among the law's key aspects is the creation and strengthening of the National Port Authority (APN), responsible for exercising regulatory, supervisory, and coordinating functions within the port system. The legislation also establishes a separation between the State's regulatory functions and operational activities, with the purpose of creating conditions that favor private sector participation.

The law will be applicable throughout the national territory and includes individuals or legal entities, public or private, national or foreign, that carry out port activities. It also includes maritime port facilities, specialized terminals, docks, logistics support areas, warehouses, container yards, storage facilities, and other installations related to port operations. Among the established fundamental principles are legality, competitiveness, legal certainty, non-discrimination, probity, efficiency and effectiveness, port security, maritime security, transparency, and accountability. These principles aim to guarantee orderly and transparent port management focused on improving the quality of services.

Another relevant aspect is the incorporation of measures related to maritime and port security. The regulations stipulate compliance with the International Ship and Port Facility Security Code (ISPS Code) and establish the mandatory implementation of a Port Facility Security Plan (PFSP) at each terminal, as a tool for risk management and compliance with Guatemala's international commitments. Furthermore, the law includes mechanisms such as Port Administration Contracts (CAPs), through which the National Port Authority or public port companies may authorize the participation of individuals or legal entities in the provision of port commercial services, the execution of works, the operation and modernization of infrastructure, and other related activities.

The regulations also seek to facilitate trade through the digitization of procedures, customs simplification, and the implementation of the Single Port Window, contributing to cost reduction and improved supply chain efficiency. Overall, Decree 20-2026 establishes the foundation for a transformation of the Guatemalan port system, aimed at improving its infrastructure, strengthening security, facilitating trade, and increasing the country's competitiveness both nationally and internationally.

The Law will enter into force on October 2, 2026.

 

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