After several months of discussion among various actors, the Executive presented the law initiative that creates a port authority and will allow private investment for the construction and operation of ports and terminals in Guatemala.
The government authorities presented the general law initiative of the port system, which will establish a port authority with various powers in the regulation of sea ports.
The bill, presented to the Congress of the Republic by the General Secretariat of the Presidency, will cover an existing legal vacuum. It will also allow the modernization and implementation of technology in national ports, as well as the participation of private investors in the construction and operation of port terminals, under a new regulatory scheme.
The presentation of the project, carried out by President Bernardo Arévalo at the facilities of the National Palace of Culture, occurs on the eve of the subscription of the contract between the Corps of Engineers of the United States Army (USACE) and the Ministry of National Defense, for the modernization and expansion of the facilities of the Port Company Quetzal (EPQ), in Escuintla, scheduled for this Thursday, May 23.
This initiative is part of the legislative economic agenda. For several years there was discussion about the need to have a general law of the port system, so it will now enter the discussion process in Congress during the second semester.
What is it?
Before being appointed as the head of the Superintendence of Tax Administration (SAT), Werner Ovalle was president of the National Port Commission (CPN), which led the discussion of the proposal, with the support of the Organization of American States (OAS), representatives of other government institutions and delegates of the organized private sector.
The official indicated that the project has been an effort based on the last law approved by Congress, Decree 26-2024, “Law of the designated authority of the National Port System”, in which the importance of the modernization of the maritime sector is underlined. Therefore, the document was presented to initiate its validation and approval.
“It is important to have an updated law, not only to address the current problems, but based on good international practices and the recommendations that have been received to be able to attend them,” Ovalle said after participating in a forum of the Guatemalan Chamber of Commerce (AMCHAM).
“The new regulations will apply technological innovations, ports will be expanded at the national level, public-private investment will be promoted and processes automation will be advanced”
Werner Ovalle, Chief of SAT
According to Ovalle, with the new regulations, technological innovations will be applied, ports will be expanded nationwide, public-private investment will be promoted and progress will be made in process automation, not only in customs service, but in all the institutions involved, through platforms that facilitate the internment of goods.
“It is a strategic vision that is consolidating,” reiterated the Superintendent, who explained that in the project’s elaboration process there was the support of the OAS through the port commission. It is a regulation based on good international practices.
First advance
Jorge Gómez, president of the Board of Directors of Integrated Export Services (SIEX), of the Guatemalan Association of Exporters (AGEXPORT), commented that the initiative must be seen as a public-private joint effort, through the CPN, which was the institution responsible for generating the inputs.
In these discussions, port needs were analyzed with the objective that the system is functional, agile and allows continuous modernization and improvement, in line with the growth of foreign trade.
He recalled that when the initiative is presented, the provisions of Law 26-2024, which stipulated the presentation of a legal proposal for the strengthening of the port system.
“The progress satisfies us, although doubts persist about whether it contains all the elements that as a private sector we consider necessary, important and fundamental for international trade,” he said.
On these doubts, the Siex manager clarified that it is necessary to be certain about the current and future needs of the business sector and advance the following phases until it becomes an executing regulation.
Waleska Sterkel, Executive Director of Amcham, said that everything related to port and road infrastructure has support, and that, in conjunction with the support of the USA. UU., And the firm planned with Usace, as well as the analysis of the rail system, important efforts are anticipated to improve infrastructure, administration and safety in the terminals.
A unique authority
For the Critical Infrastructure Consultant Enrique Godoy, this initiative must be understood in the broad sense of the concept of port, which not only includes maritime, but also the terrestrial – border points – and the aerial ones.
In his opinion, the Port Authority must be unique, with powers to regulate maritime, land and aerial ports, as an entity superior to individual operations.
“The positive thing is that a port law is being created, because there is no national regulation that regulates the operation of the ports. In my opinion, it falls short because it only focuses on sea ports, and not on all ports”
Enrique García, Critical Infrastructure Consultant
He explained that currently the operations of the ports are regulated by the laws that created them, but there is no law that generally regulates the port operation, even for the creation of a private maritime terminal, so it is necessary to establish a governing body of the port system.
From that regulation, public-private alliances or public ports could be established.
“The positive thing is that a port law is being created, because there is no national regulation that regulates the operation of the ports. In my opinion, it falls short because it only focuses on sea ports, and not all ports. It could be used to create an authority that also manages airports,” he concluded.
Arévalo asks to speed up approval
During a press conference, the ruler Bernardo Arévalo, informed that the proposal of law was delivered to Congress on Thursday, May 15, and one of its objectives, is the creation of an autonomous and specialized port authority that directs the port planning of the State, which also has the mandate that regulates, NORM, monitor and sanction all the different actors involved.
Arévalo required the deputies to “assume their responsibility”, so that the initiative is known in the shortest possible time “to approve this law that will allow Guatemala to have ports that respond to the needs of the 21st century.”
He concluded that the rule would allow the country to have legislation that gives public and private instances that operate within the port system, taking advantage of two oceans.
With information from Leslie Sánchez