From the approval of the Decree 26-2024which establishes the Designated authority of the National Port Systemtwo regulations must be created that will put the law and the Ship Protection Code and Port Infrastructure (PBIP). Both rules of rules must be ready at the latest June 30. According to Fernando SurianoDeputy Minister of Transportation of Ministry of Communications, Infrastructure and Housing (CIV)the regulations will be presented in April.
Carlos SteigerAGEXport logistics expert, said the port system of Guatemala mobilizes more than 70 % of the country’s foreign trade, both in exports and imports. This complemented SteigerIt means that this system is a key element for the economic development of Guatemala.
According to information granted to Free press By Suriano, the law stipulates that three regulations should be worked. The two regulations in process are the following: The Regulation of Law 26-2024 and the Regulation of the PBIP Code. According to Suriano, the first regulation is complete at 70%, while that of the PBIP Code is 60%. Both regulations have a delivery deadline on June 30, 2025.
The third regulation is internal, according to Leonel MolinaGeneral Director of the National Port Commission (CPN)and refers to GENERAL COORDINATION SESSIONS REGULATION. Nevertheless, Molina He explained that said document will not have application outside the Designated authority.
While the person in charge of applying the PBIP Code It will be the CPNthe Port Authority It will be the unity responsible for regulating everything concerning the ports from an integral point of view, explained the vice minister of the Civ. Currently, Suriano emphasizes that the characteristics that such authority will have are being discussed.
CONTENT OF THE REGULATIONS
He Specific Regulation of the Lawhe said Fernando Surianowill be in charge of operationalizing the regulations. According to the Deputy Minister, this regulation will develop the governance of authority and its functions. In addition, it will regulate the Articles from 1 to 11 and 16 of the approved law, which establish the objective of the norm, the powers of the governing body and the functions of the operational coordinator. He also describes, he added Surianothe role of the Civ as a normative entity.
On the other hand, the PBIP Code Regulation will develop the Articles from 17 to 40 of the law, which address aspects of security, compliance and sanctions. “It is based on developing PBIP protection competences,” he reiterated Surianowho added that the document was prepared in conjunction with the CPN and the Ministry of National Defense (Mindef). Each entity has worked on a specific part of the regulation: The Mindef In relation to ships, The CPN in the regulation of the ports and the Port Affairs Unit (APORT) in the sanctioning regime.
Both regulations will be presented to the plenary at the end of April, Suriano said: “Then, with the endorsement of the plenary, they will be sent to the CIV for their final review and their presidency referral for the signing of the government agreement,” said the vice minister.
The PBIP code
For Carlos Steiger, it is very important that the ports be safe for the flow of goods that travel through the port system. The ship protection code and port infrastructure (PBIP) is a set of international safety standards. If these are not fulfilled, Steiger warned that the Port System of Guatemala runs the risk of being listed as little safe.
This means, according to Steiger, that shipping companies, both containing and graneraized load, could decide to avoid the ports of Guatemala, not complying with the safety standards established in the PBIP code.
Steiger explained that the PBIP code evaluates the risks and establishes preventive measures to prevent ships and ships being used in illegal activities. “Recall that international trade is exposed to any type of threat and, in that sense, it is sought that all actors involved in the supply chain guarantee security in foreign trade,” said Steiger.
What should be expected from the Port Authority
The Port Authorityaccording to Fernando Surianoit is an issue that is currently under discussion. “We must define whether two separate institutions will be managed or if they will be unified. In that case, we would have to update the regulation, ”said the Deputy Minister.
Suriano explained that different models are analyzed for this entity: an additional decentralized authority, a semi -automotive body or a unit within the Ministry of Communications, Infrastructure and Housing (CIV). However, Suriano stressed that best practices in the region point to an autonomous authority. At this time, the Deputy Minister said, there is only one article by the Executive that points to the CIV as the governing body, so it would be necessary to include this provision in a law.
For his part, Carlos Steiger indicated that the port system has specific needs, from physical growth to digital, in addition to the need for investments to strengthen and expand the country’s ports. However, Steiger warned that this will only be possible if there is an authority that guarantees compliance with current operational standards.
“The authority must be an entity capable of making its own decisions to enforce a strategic vision of the port system,” said Steiger. From this authority, he stressed, greater legal certainty would be achieved.
Steiger stressed that delay times could be reduced by having a regulatory entity, especially due to the inter -institutionality that would be handled. “This probably enhances foreign trade operations that currently exist in Guatemala,” said Steiger.
On the other hand, the times in the bingers would also be reduced, which in turn could reduce the costs of the products in the local market.