Is Crypto Legal in Guatemala?

No specific cryptocurrency license is required.

Fiat On/Off-Ramps: If an exchange, custody provider, or payment processor facilitates transactions involving fiat currency (e.g., Guatemalan Quetzal, USD) to/from cryptocurrencies, they might fall under the existing financial regulations governing money transmitters, payment service providers, or other financial intermediaries. In such cases, they would likely need to comply with traditional financial licensing requirements from the SIB.

General Business Registration: Any company operating in Guatemala, regardless of its specific industry, must be legally constituted and registered with the Registro Mercantil General de la República (General Mercantile Registry of the Republic).

Capital Requirements: No specific capital requirements for VASPs are stipulated in Guatemalan law. If the entity were to engage in activities regulated by the SIB (e.g., traditional money remittance), then existing capital requirements for those specific financial activities would apply.

Guatemala's AML/KYC obligations for fintech companies are now directly imposed under Decree No. 15-2026, which includes fintech sectors as Obligated Entities, replacing the previous indirect applicability framework.

Ley contra el Lavado de Dinero u Otros Activos (Decree No. 67-2001) and its Regulations: While this law does not explicitly mention "virtual assets" or "cryptocurrencies," it applies to "obligated entities" (e.g., banks, financial institutions, certain non-financial businesses and professions) involved in financial transactions.

Indirect Applicability: If a VASP facilitates fiat-to-crypto or crypto-to-fiat transactions, the fiat portion of these transactions would be subject to the existing AML/CFT framework. This means performing KYC (Know Your Customer) on users, monitoring transactions for suspicious activity, and reporting to the Special Verification Intendancy (IVE) – a unit within the SIB.

FATF Recommendations: Guatemala is a member of the Financial Action Task Force of Latin America (GAFILAT), which adheres to FATF recommendations. FATF Recommendation 15 specifically calls for the regulation of VASPs for AML/CFT purposes. While Guatemala has not fully implemented this recommendation for VAs, it is under international pressure to do so. Therefore, future legislation is likely to include specific VASP AML/CFT obligations.

Local Presence: Any company wishing to operate legally in Guatemala (even without a specific crypto license) would need to establish a legal entity (e.g., a corporation) registered with the Registro Mercantil, which implies having a registered office and legal representation in the country.

Constituition of a legal entity: Typically a corporation (Sociedad Anónima) through a public deed with a notary.

Registration with Registro Mercantil: Submit the public deed and other required documents (e.g., identification of shareholders, legal representative) to the General Mercantile Registry.

Tax Registration: Obtain a Taxpayer Identification Number (NIT) from the Superintendencia de Administración Tributaria (SAT).

SIB Statements on Virtual Assets: The SIB regularly issues press releases and circulars clarifying its position. You would typically find these under "Comunicados de Prensa" or "Normativa." A key message is that virtual assets are not regulated.

As of 2025, Guatemalan authorities warn that virtual assets are not legal tender and remain high-risk, but crypto platforms are now subject to new KYC and transaction reporting obligations, meaning virtual assets are no longer entirely unregulated.

Example historical reference (though direct URL may change): Communiqués from SIB often reiterate that "los activos virtuales o criptoactivos no son moneda de curso legal en el país y no se encuentran bajo la supervisión y regulación de esta Superintendencia."

Full Text (often hosted by SIB): https://www.sib.gob.gt/web/sib/ley-contra-el-lavado-de-dinero-u-otros-activos

The primary AML/CFT law (Decree No. 15-2026) now explicitly regulates virtual assets and Virtual Asset Service Providers (VASPs), though the law's broad scope regarding financial transactions also continues to cover fiat interactions.

This is where any legal entity must register to operate in Guatemala.

Investment Purpose: The instrument is "destinado a la inversión" (destined for investment).

Representation of Rights/Interests: It represents "derechos de crédito, de participación, de propiedad o cualquier otro derecho o interés en una empresa o patrimonio" (credit rights, participation rights, property rights, or any other right or interest in a company or patrimony). This is similar to the "common enterprise" and "expectation of profit" prongs of Howey.

From Third-Party Efforts: Although not explicitly stated as "from the efforts of others," the concept of "derechos... en una empresa o patrimonio" implies that the value or profit is derived from the underlying entity's activities.

Massive Issuance/Public Offer: The law mentions "emitido o celebrado en forma masiva o no," indicating that even instruments not issued massively can be securities, but a "public offer" (oferta pública) is a critical trigger for regulatory oversight and registration requirements.

Security Tokens: These are the most likely candidates to be classified as securities. Tokens representing ownership in a company (equity tokens), a debt instrument (bond tokens), or a right to a share of profits or revenue are almost certainly "valores" under Guatemalan law.

Investment Tokens/ICOs: Tokens issued during an Initial Coin Offering (ICO) where purchasers are primarily motivated by an expectation of profit from the development or future success of a project managed by the issuer, would likely be deemed securities.

Payment Tokens/Cryptocurrencies (Unlikely): Cryptocurrencies like Bitcoin or Ether, when used purely as a medium of exchange or store of value, are generally not considered securities under this framework. The SIB has explicitly stated they are not legal tender, but has not classified them as securities. However, if such a token were part of a structured investment scheme, it could potentially be reclassified.

Registration of the Issuer: The issuer (or the entity responsible for the offer) would need to be authorized by the SIB.

Registration of the Security: The specific token (security) itself must be registered with the Registro del Mercado de Valores y Mercancías (Registry of Securities and Commodities Market), which is managed by the SIB.

Disclosure Requirements: The issuer would be required to publish a prospectus or an equivalent disclosure document containing detailed information about the issuer, the project, the token, the risks involved, financial statements, and how the funds will be used.

Ongoing Reporting: Issuers of registered securities are subject to continuous reporting obligations, including periodic financial statements and disclosure of material events.

Private Placements: Offers made to a limited number of qualified or institutional investors, not considered a public offer.

Small Offers: Offers below a certain monetary threshold, if specified in regulations (though the primary law focuses more on the public nature of the offer).

Regulated Exchanges: Secondary trading would theoretically need to occur on regulated securities exchanges (like the Bolsa de Valores Nacional - BVN) or through licensed securities brokers.

Licensed Intermediaries: Any entity facilitating the secondary trading of these tokens would need to be licensed by the SIB as a stockbroker or exchange.

Compliance: All transactions would be subject to existing market transparency, anti-money laundering (AML), and counter-terrorist financing (CFT) regulations applicable to traditional securities.

SIB Warnings: The SIB has consistently issued warnings to the public about the risks of investing in or using cryptocurrencies. These are preventative measures, not enforcement actions against issuers.

Example SIB Communiqué: Comunicado de Prensa 04/2021 (Press Release 04/2021) from the Superintendencia de Bancos de Guatemala, which reiterates that crypto assets are not legal tender and are not regulated by them, highlighting associated risks. While not an enforcement action, it sets the regulatory tone.

AML/CFT Investigations: If crypto assets are involved in money laundering, terrorist financing, or other illicit activities, the relevant authorities (e.g., Fiscalia contra el Lavado de Dinero u Otros Activos – AML Prosecutor's Office) would investigate under existing anti-money laundering laws, not specifically securities laws.

Fraud Investigations: If a crypto project is deemed a fraudulent scheme, general criminal fraud statutes would be applied, regardless of whether the token itself is also an unregistered security.

Ley del Mercado de Valores y Mercancías (Decree Number 34-96):

This is the primary law. Finding a direct, stable URL from a government source can be challenging. Often, it's found on legal databases or archived government sites.

A reliable source for legislative texts in Guatemala is often the Congress website or legal information portals.

Example Search Query: "Ley del Mercado de Valores y Mercancías Guatemala Decreto 34-96"

The Superintendencia de Bancos de Guatemala regularly publishes press releases and communiqués. You would need to navigate their official website and search for "criptomonedas" or "activos virtuales."

Look for "Comunicados de Prensa" or "Circulares." A specific communiqué from late 2021 (e.g., Comunicado de Prensa 04/2021 or similar) often reiterates their stance. Direct links to specific press releases change as new content is added, so navigating the site for the most recent statement is recommended.

The Banco de Guatemala (BANGUAT) is the central bank and monetary authority, but it has not issued any regulations, circulars, or resolutions specific to virtual assets or crypto service providers, nor has it published any authorisation framework for such activities. Guatemala - Licensing Requirements for Professional Services

Primary commercial legislation is the Commerce Code, Congressional Decree No. 2-70 of January 28, 1970, which governs all commercial companies including corporations (Sociedad Anónima), limited liability companies, and partnerships; this is the only corporate legal basis available to crypto businesses. Guatemala - Joint Ventures/Licensing | Privacy Shield

Article 12 of the Commerce Code provides that banks, insurance companies, financial firms, stock markets, and "other similar organizations" are controlled by the Commerce Code except where governed by special laws and regulations — no special law for crypto or virtual assets exists. Guatemala - Joint Ventures/Licensing | Privacy Shield

The Superintendencia de Bancos (Superintendency of Banks) supervises banks and financial institutions, but no mandate or legal instrument extends its authority to virtual asset service providers. Guatemala - Licensing Requirements for Professional Services

Guatemala is a signatory to CAFTA-DR, which regulates trade but contains no provisions relevant to digital assets or financial technology licensing. Guatemala - Import Requirements and Documentation

No law, decree, or regulatory instrument has been identified that defines, classifies, or addresses virtual assets, cryptocurrencies, or blockchain-based financial services.

There is no licensing regime for crypto exchanges, custodians, or other virtual asset service providers in Guatemala — the central bank and financial regulator have not created any authorisation pathway. Guatemala - Licensing Requirements for Professional Services

No capital requirements, application procedures, or structural requirements exist for crypto businesses because no such licence category has been established under Guatemalan law. Guatemala - Licensing Requirements for Professional Services

A foreign company wishing to operate in Guatemala must register a branch or agency with the Commerce Register, requiring: an Attorney-In-Fact resident in Guatemala, proof of incorporation in the country of origin, certified copy of articles of incorporation, an insurance policy for USD 50,000 in favour of third parties valid for the duration of operations, express waiver of home-country jurisdiction, commitment to fulfil withdrawal requirements, certified financial statements, and records of all local business operations. Guatemala - Joint Ventures/Licensing | Privacy Shield

Locally incorporated corporations can be wholly owned by foreign individuals or entities, and it is common for foreign businesses to establish wholly owned local corporations rather than registering branches. Guatemala - Joint Ventures/Licensing | Privacy Shield

No entity has ever been licensed to conduct crypto or virtual asset activities in Guatemala — the number of licensed entities is zero because no licensing mechanism exists. Guatemala - Licensing Requirements for Professional Services

No AML/KYC obligations have been specifically imposed on crypto businesses under Guatemalan law, as no regulatory framework for virtual assets exists. Guatemala - Licensing Requirements for Professional Services

General AML obligations for financial institutions fall under the supervision of the Superintendency of Banks, but these obligations have not been extended to virtual asset service providers through any published regulation. Guatemala - Licensing Requirements for Professional Services

No subsidiary legislation, circular, or guideline has been identified that would require crypto businesses to conduct customer due diligence, enhanced due diligence, suspicious transaction reporting, beneficial ownership identification, or PEP screening. Guatemala - Licensing Requirements for Professional Services

The general corporate registry and tax obligations require businesses to keep records of operations, but these are not AML-specific requirements. Guatemala - Joint Ventures/Licensing | Privacy Shield

No enforcement actions against crypto businesses have been identified in the sources reviewed — no fines, penalties, arrests, or cases involving virtual asset service providers were found in the official sources examined. Guatemala - Licensing Requirements for Professional Services

No government announcement, press release, or regulatory notice of any investigation, sanction, or administrative action related to cryptocurrencies appears in the official sources. Guatemala - Import Requirements and Documentation

No tax guidance has been issued for virtual assets by the Superintendencia de Administración Tributaria (SAT — Guatemala's tax authority) or any other official body, based on the sources available. Guatemala - Licensing Requirements for Professional Services

General tax obligations apply to all commercial companies and participation agreements, with the "active partner" in a participation agreement held responsible for tax liabilities of the joint operation, but nothing specific to crypto gains, capital gains on digital assets, or VAT treatment of crypto transactions has been published. Guatemala - Joint Ventures/Licensing | Privacy Shield

The absence of a virtual asset classification means that no determination has been made as to whether crypto gains constitute income, capital gains, or taxable supplies for VAT purposes. Guatemala - Licensing Requirements for Professional Services

The complete absence of any legislative or regulatory framework for virtual assets means crypto businesses have no legal certainty regarding their status, obligations, or protections under Guatemalan law. Guatemala - Licensing Requirements for Professional Services

No designated regulator has authority over virtual asset service providers, creating ambiguity about which agency (if any) could issue guidance, approvals, or enforcement actions. Guatemala - Licensing Requirements for Professional Services

Banks and financial institutions are subject to Commerce Code Article 12 supervision, but crypto businesses do not fit within the defined categories of regulated entities, leaving them outside both formal regulation and formal protection. Guatemala - Joint Ventures/Licensing | Privacy Shield

Foreign crypto companies must comply with the branch registration requirements (including the USD 50,000 insurance bond), but this is a general corporate requirement, not a crypto-specific authorisation. Guatemala - Joint Ventures/Licensing | Privacy Shield

Businesses face the risk that a future law or regulation could retroactively impose compliance requirements or restrictions without any transitional framework. Guatemala - Licensing Requirements for Professional Services

The lack of any formal definition of virtual assets in Guatemalan law creates the risk that crypto activities could be reclassified as unlicensed financial activities at any time, exposing operators to penalties under the Commerce Code or banking laws. Guatemala - Joint Ventures/Licensing | Privacy Shield

Banking access is uncertain: while foreign companies may open bank accounts in Guatemala without government authorisation, banks themselves are not required to serve crypto businesses and may decline services in the absence of regulatory clarity. Guatemala - Joint Ventures/Licensing | Privacy Shield

Guatemala - Licensing Requirements for Professional Services

Guatemala - Joint Ventures/Licensing | Privacy Shield

Guatemala - Import Requirements and Documentation

Guatemala's adherence to international AML/CFT standards: Guatemala is a member of the Financial Action Task Force of Latin America (GAFILAT), a FATF-style regional body, and is therefore expected to implement FATF recommendations. FATF Recommendation 15 explicitly applies AML/CFT obligations, including sanctions compliance, to VASPs.

Global financial interconnectedness: Transactions involving cryptocurrencies often touch upon jurisdictions or financial institutions that are directly subject to OFAC, EU, or UN sanctions. Non-compliance can lead to loss of correspondent banking relationships, secondary sanctions, and reputational damage.

Nature of the regulated entities: If a VASP is part of a larger financial group or relies on traditional financial institutions for fiat on/off-ramps, those institutions' compliance obligations will extend to the VASP.

U.S. persons (citizens, residents, entities incorporated in the U.S. or its territories).

Any transaction routed through the U.S. financial system, even if the parties are non-U.S.

Entities dealing in U.S. dollars.

Non-U.S. entities that facilitate significant transactions for or on behalf of sanctioned persons, or engage in activities that could trigger secondary sanctions.

Sanctioned Entity Screening: VASPs must screen all customers (KYC/CDD) and counterparties against OFAC's Specially Designated Nationals (SDN) and Blocked Persons List, the Consolidated Sanctions List (CSL), and other relevant lists (e.g., Non-SDN Palestinian Legislative Council List, Sectoral Sanctions Identifications List, etc.).

Prohibition on Transactions: VASPs are prohibited from engaging in any transactions involving property or interests in property of individuals or entities on OFAC's lists, or those associated with comprehensively sanctioned jurisdictions (e.g., Cuba, Iran, North Korea, Syria).

Geographic Restrictions: Strict prohibitions apply to transactions involving comprehensively sanctioned countries or regions.

Reporting Obligations: U.S. persons, and in some cases non-U.S. persons, have reporting obligations for blocked property.

OFAC Sanctions Programs and Information: https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information

OFAC FAQs on Virtual Currency: https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1601

EU nationals and entities incorporated or constituted under the law of an EU Member State.

Operations within the territory of the EU.

Aircraft and vessels under the jurisdiction of an EU Member State.

Asset Freeze and Travel Ban: Prohibition on making funds or economic resources available, directly or indirectly, to designated persons/entities.

Specific Sectoral Sanctions: Adherence to prohibitions related to specific sectors (e.g., arms embargoes, financial restrictions on certain entities).

Geographic Restrictions: Compliance with sanctions against specific countries or regimes.

Consolidated Financial Sanctions List (EU): https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en

Sanctioned Entity Screening: Screening against the UN Security Council Consolidated List, which includes individuals and entities subject to asset freezes, travel bans, and arms embargoes.

Immediate Implementation: Member States are expected to implement UN sanctions without delay.

UN Security Council Sanctions Committees: https://www.un.org/securitycouncil/sanctions/information

UN Security Council Consolidated List: https://www.un.org/securitycouncil/content/un-sc-consolidated-list

The Bank of Guatemala (Banco de Guatemala) is the central bank and primary financial regulator, but it has not issued any regulation, circular, or guidance specific to virtual assets, cryptocurrencies, or digital asset service providers as of the last available official publications. Bank of Guatemala (URL is official homepage; no crypto-specific page exists in the provided sources — this is an inference from the absence of any such citation in sources provided; see Key Gaps)

The Superintendency of Banks of Guatemala (Superintendencia de Bancos) oversees banking and financial institutions, but no text in the supplied sources indicates it has issued any virtual asset rules. Superintendencia de Bancos (URL is official homepage; no crypto-specific page exists in the provided sources — see Key Gaps)

The U.S. Congress introduced H.R. 7314, the "Guatemala Rule of Law Accountability Act," on December 13, 2018, requiring the U.S. President to impose asset-blocking sanctions and visa denials on individuals who undermined the rule of law in Guatemala; the bill was introduced but its passage status is not stated in the sources. Torres Introduces Guatemala Sanctions Legislation to Combat Corruption and Money Laundering | U.S. Congresswoman Norma Torres of California's 35th District

The U.S. Congress.gov record for H.R. 7314 (115th Congress, 2017-2018) shows the bill's full legislative history including cosponsors and text, but the sources do not indicate final passage into law. All Info - H.R.7314 - 115th Congress (2017-2018): Guatemala Rule of Law Accountability Act | Congress.gov | Library of Congress

The European Union, via the Council of the EU, has imposed restrictive measures (asset freezes and travel bans) on Guatemalan individuals and entities for undermining democracy and rule of law, acting under a sanctions regime distinct from any crypto-specific framework. Guatemala: Council sanctions five individuals for undermining democracy and the rule of law - Consilium

The Malta-based Sanctions Monitoring Board (SMB) lists a "Guatemala Regime" under EU and UN sanctions, confirming the existence of an active international sanctions framework targeting Guatemala. Guatemala Regime - SMB - Sanctions Monitoring Board

No licensing regime for virtual asset service providers (exchanges, custodians, brokers, or payment processors) exists in Guatemala under any law or regulation cited in the provided sources; therefore, no applications can be submitted and no license can be granted.

No entity has been licensed to operate a crypto exchange, custody service, or digital asset business in Guatemala, based on the sources provided — the count of licensed entities is effectively zero.

The only "licensing-adjacent" framework present in the sources is the U.S. H.R. 7314 sanctions bill, which would impose asset blocking and visa bans on individuals undermining rule of law, not a business licensing mechanism. Torres Introduces Guatemala Sanctions Legislation to Combat Corruption and Money Laundering | U.S. Congresswoman Norma Torres of California's 35th District

The EU sanctions regime targets individuals and entities for political corruption, not crypto businesses; there is no licensing pathway under that regime. Guatemala: Council sanctions three individuals and one entity for undermining democracy and the rule of law - Consilium

No AML/KYC obligations specific to virtual assets have been established in Guatemala by any regulator or law cited in the provided sources; no CDD, EDD, STR, record retention, beneficial ownership, or PEP screening rules for crypto businesses are documented in these sources.

The U.S. sanctions bill H.R. 7314 describes asset-blocking and visa-denial sanctions as a response to corruption and money laundering concerns in Guatemala, but it does not create any AML/KYC obligations for crypto firms. Torres Introduces Guatemala Sanctions Legislation to Combat Corruption and Money Laundering | U.S. Congresswoman Norma Torres of California's 35th District

The EU Council sanctions press releases reference "undermining democracy and the rule of law" as the basis for asset freezes and travel bans, but they do not impose any AML/KYC duties on financial institutions or crypto service providers in Guatemala. Guatemala: Council sanctions five individuals for undermining democracy and the rule of law - Consilium

The EU Council imposed restrictive measures (asset freeze and travel ban) on five individuals on February 2, 2024, for undermining democracy and the rule of law in Guatemala — these are sanctions-designation actions, not enforcement actions against crypto firms. Guatemala: Council sanctions five individuals for undermining democracy and the rule of law - Consilium

The EU Council imposed restrictive measures on three additional individuals and one entity on June 12, 2025, under the same Guatemala sanctions regime — again, no crypto-related entity or individual was sanctioned in the provided text. Guatemala: Council sanctions three individuals and one entity for undermining democracy and the rule of law - Consilium

No enforcement action — fine, penalty, arrest, or cease-and-desist — against any crypto or virtual asset business in Guatemala appears in any of the provided sources.

The U.S. H.R. 7314 bill, if enacted, would require sanctions against individuals who "trampled the rule of law" in Guatemala, but it was only introduced in December 2018; no evidence of its enactment or subsequent enforcement appears in the sources. All Info - H.R.7314 - 115th Congress (2017-2018): Guatemala Rule of Law Accountability Act | Congress.gov | Library of Congress

A crypto business operating in Guatemala faces a high level of legal uncertainty: there is no license to obtain, no AML compliance standard to meet, and no tax treatment to follow, but this "freedom" carries the risk of regulatory action once — and if — legislation is eventually passed.

The EU sanctions regime is active and expanding (February 2024, June 2025, and January 2026 prolongation), meaning any Guatemalan-connected entity — including crypto firms — that is seen as undermining rule of law could be designated and subject to EU asset freezes. Guatemala: Council prolongs restrictive measures by a year - Consilium

The Malta Sanctions Monitoring Board listing confirms that Guatemala is under an active EU/UN sanctions regime, obligating EU-based crypto firms and financial institutions to screen against designated Guatemalan persons and entities. Guatemala Regime - SMB - Sanctions Monitoring Board

The U.S. Congress.gov record for H.R. 7314, if the bill was not passed, indicates a persistent but unfulfilled U.S. legislative effort to impose Guatemala-specific sanctions, creating potential future policy risk for Guatemalan entities and their international correspondent relationships. All Info - H.R.7314 - 115th Congress (2017-2018): Guatemala Rule of Law Accountability Act | Congress.gov | Library of Congress

Torres Introduces Guatemala Sanctions Legislation to Combat Corruption and Money Laundering | U.S. Congresswoman Norma Torres of California's 35th District

Guatemala Regime - SMB - Sanctions Monitoring Board

All Info - H.R.7314 - 115th Congress (2017-2018): Guatemala Rule of Law Accountability Act | Congress.gov | Library of Congress

Guatemala: Council sanctions three individuals and one entity for undermining democracy and the rule of law - Consilium

Guatemala: Council prolongs restrictive measures by a year - Consilium

Guatemala: Council sanctions five individuals for undermining democracy and the rule of law - Consilium