Guatemala
Retail_Trading_Status
- Analysis ID
- #676
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- 2025-12-12 04:21
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Executive Summary
Retail cryptocurrency trading is legally permitted in Guatemala but remains unregulated. The Banco de Guatemala (BANGUAT) and Superintendencia de Bancos (SIB) have repeatedly clarified that while cryptocurrencies are not legal tender, their private use and exchange are not prohibited. A specific legislative framework, 'Bill 6538' (Ley de Criptomonedas), was introduced in May 2025 to regulate the sector and establish a licensing regime, but it has not yet been enacted into law. Currently, no specific licenses are required to trade, and activities are conducted at the user's own risk without consumer protection.
Key Pillars
Superintendencia de Bancos (SIB): Primary financial regulator; issues warnings about the lack of consumer protection and supervises the banking sector's interaction with crypto.
Banco de Guatemala (BANGUAT): Central bank responsible for monetary policy; maintains that the Quetzal is the sole legal tender and crypto assets are not state-backed.
Intendencia de Verificación Especial (IVE): Likely future AML/CFT supervisor under proposed legislation; currently monitors financial flows for suspicious activity generally.
Landmark Laws
Bill 6538 (Ley de Criptomonedas) (Iniciativa de Ley 6538)
- Proposed in May 2025 by Deputy Shirley Rivera. Aims to regulate the use, exchange, and storage of crypto assets, requiring platforms to register with the SIB and comply with AML/KYC standards. It would recognize crypto as a valid method of payment if accepted voluntarily.
- Source
Monetary Law (Ley Monetaria) (Decreto No. 17-2002) - Enacted: 2002-05-01
- Establishes the Quetzal as the only legal tender in Guatemala. Articles 1 and 2 are frequently cited by BANGUAT to clarify that cryptocurrencies do not have legal tender status.
- Source
Considerations
No Consumer Protection: The SIB explicitly states that crypto platforms are 'not under vigilance,' meaning users have no recourse in case of fraud or bankruptcy.
Banking Access: Banks are prohibited from holding crypto on their balance sheets and may block transactions to known crypto exchanges due to de-risking policies.
Taxation: While no specific crypto tax law exists, capital gains are generally taxed at 10% under the general tax regime (Ley de Actualización Tributaria).
Pending Regulation: The regulatory landscape is in transition with Bill 6538 under consideration; if passed, it would shift the status to 'Allowed-Regulated'.
Notes
The regulatory environment is dynamic due to the introduction of Bill 6538 in mid-2025. While currently 'Allowed-UnRegulated', the passage of this bill would rapidly shift the status to 'Allowed-Regulated'. Traders should monitor legislative updates closely.
Remaining Uncertainties
- The exact timeline for the approval of Bill 6538 is unknown.
- It is unclear if the SIB will issue interim guidelines before the full law is passed.
- The specific tax reporting requirements for crypto assets remain undefined by the SAT (Superintendencia de Administración Tributaria).
Detailed Explanation
Detailed Explanation
Retail cryptocurrency trading is legally permitted but remains unregulated in Guatemala. The Banco de Guatemala (BANGUAT) and the Superintendencia de Bancos (SIB) have clarified that while cryptocurrencies are not legal tender, their private use and exchange are not prohibited. This status is underpinned by the existing Monetary Law (Decreto No. 17-2002), enacted on May 1, 2002, which establishes the Quetzal as the sole legal tender. Consequently, crypto assets are not state-backed, and their use is conducted entirely at the user's own risk. The primary financial regulators, the SIB and BANGUAT, have issued repeated warnings about the lack of consumer protection, explicitly stating that crypto platforms are 'not under vigilance,' meaning users have no formal recourse in cases of fraud, loss, or platform insolvency. Currently, no specific licenses are required to operate a cryptocurrency exchange or to trade as an individual, and there is no dedicated regulatory framework governing these activities. The regulatory environment is in a state of transition, however, due to the introduction of specific legislation aimed at establishing a formal oversight regime. In May 2025, Deputy Shirley Rivera introduced Bill 6538 (Ley de Criptomonedas) to the Guatemalan Congress. This proposed law seeks to regulate the use, exchange, and storage of crypto assets, requiring platforms to register with the SIB and comply with Anti-Money Laundering and Know-Your-Customer (AML/KYC) standards. It would also recognize cryptocurrency as a valid method of payment if voluntarily accepted by parties. The bill has not yet been enacted, but its passage would fundamentally shift the country's status from 'Allowed-Unregulated' to 'Allowed-Regulated.' In the interim, significant restrictions persist, particularly regarding banking access. Banks are prohibited from holding cryptocurrencies on their balance sheets and often engage in de-risking by blocking transactions to known crypto exchanges. From a taxation perspective, while no specific crypto tax law exists, capital gains from trading are generally subject to a 10% tax under the country's general tax regime, the Ley de Actualización Tributaria.
Summary Points
I. Regulatory Status
* Retail cryptocurrency trading is Allowed-Unregulated.
* Activities are legally permitted but operate without a specific regulatory framework or consumer protections.
* All trading and exchange is conducted at the user's own risk.
II. Key Regulatory Bodies
* Superintendencia de Bancos (SIB): The primary financial regulator; issues public warnings about risks, supervises the banking sector's interaction with crypto, and would become the licensing authority under proposed Bill 6538.
* Banco de Guatemala (BANGUAT): The central bank; maintains that the Quetzal is the sole legal tender and that cryptocurrencies are not state-backed.
* Intendencia de Verificación Especial (IVE): Currently monitors financial flows for suspicious activity; is designated as the likely future AML/CFT supervisor for the crypto sector under the proposed Bill 6538.
III. Important Legislation
* Bill 6538 (Ley de Criptomonedas) (Iniciativa de Ley 6538)
* Status: Proposed in May 2025, not yet enacted.
* Purpose: Aims to establish a comprehensive regulatory and licensing regime for crypto assets.
* Key Provisions: Would require platforms to register with the SIB, comply with AML/KYC standards, and recognize crypto as a valid payment method if accepted voluntarily.
* Monetary Law (Ley Monetaria) (Decreto No. 17-2002)
* Status: Enacted on May 1, 2002.
* Purpose: Establishes the legal foundation of the national currency.
* Key Provisions: Articles 1 and 2 define the Quetzal as the only legal tender in Guatemala, a point frequently cited to clarify crypto's non-legal-tender status.
IV. Compliance Requirements
* No specific licenses are currently required to operate a cryptocurrency exchange or to trade.
* There is no formal AML/KYC regime specifically for cryptocurrency activities at present.
* General tax obligations apply; capital gains from trading are generally taxed at 10% under the Ley de Actualización Tributaria.
V. Notable Restrictions or Limitations
* No Consumer Protection: The SIB explicitly states crypto platforms are 'not under vigilance,' offering users no recourse for fraud or platform failure.
* Banking Access Restrictions: Banks are prohibited from holding crypto on their balance sheets and commonly block transactions to crypto exchanges as a de-risking measure.
* Legal Tender Status: Cryptocurrencies are not legal tender and are not backed by the state.
VI. Recent Developments or Notes
* The regulatory landscape is dynamic and in transition due to the introduction of Bill 6538 in mid-2025.
* Passage of this bill would rapidly shift the country's status from 'Allowed-Unregulated' to 'Allowed-Regulated.'
* Market participants should monitor legislative updates from the Guatemalan Congress closely.
Full Analysis Report
Full Analysis Report
As of December 2025, the regulatory status of retail cryptocurrency trading in Guatemala is 'Allowed-UnRegulated'. The country operates under a permissive but cautionary framework where the buying, selling, and holding of digital assets by individuals is not prohibited by law. However, the government has not yet enacted specific legislation to supervise Virtual Asset Service Providers (VASPs), leaving the sector without a formal licensing regime or consumer protection mechanisms.
The primary stance of the authorities, specifically the Banco de Guatemala (BANGUAT) and the Superintendencia de Bancos (SIB), is one of risk warning rather than prohibition. Through various press releases and circulars, they have emphasized that the Quetzal is the only legal tender and that cryptocurrencies are not backed by the state. Consequently, any citizen investing in crypto does so at their own risk. The SIB has explicitly stated that platforms selling cryptocurrencies are 'not under vigilance' or inspection, distancing the formal financial sector from crypto intermediaries.
A significant legislative development occurred in May 2025 with the introduction of Bill 6538 (Ley de Criptomonedas) to the Congress of the Republic. This bill seeks to establish a comprehensive legal framework that would require crypto exchanges and wallet providers to register with the SIB, implement robust AML/KYC protocols, and ensure cybersecurity standards. The bill also proposes recognizing the voluntary use of crypto as a means of payment, distinct from legal tender. However, as of late 2025, this bill remains in the legislative process and has not yet been enacted.
Operationally, retail traders in Guatemala can access international exchanges and peer-to-peer (P2P) markets. However, the interface with the local banking system poses challenges. Guatemalan banks, acting under SIB guidance to manage risk, do not offer direct crypto services and may occasionally block transactions related to crypto exchanges. Despite this, there is no blanket 'bank ban' on individuals using their funds for these purposes, provided they can navigate the banking sector's risk appetite. Tax obligations fall under the general 'Ley de Actualización Tributaria', where profits from crypto trading are likely treated as capital gains, subject to a 10% tax rate, though enforcement on this specific asset class is not yet systematic.
As of December 2025, the regulatory status of retail cryptocurrency trading in Guatemala is 'Allowed-UnRegulated'. The country operates under a permissive but cautionary framework where the buying, selling, and holding of digital assets by individuals is not prohibited by law. However, the government has not yet enacted specific legislation to supervise Virtual Asset Service Providers (VASPs), leaving the sector without a formal licensing regime or consumer protection mechanisms. The primary stance of the authorities, specifically the Banco de Guatemala (BANGUAT) and the Superintendencia de Bancos (SIB), is one of risk warning rather than prohibition. Through various press releases and circulars, they have emphasized that the Quetzal is the only legal tender and that cryptocurrencies are not backed by the state. Consequently, any citizen investing in crypto does so at their own risk. The SIB has explicitly stated that platforms selling cryptocurrencies are 'not under vigilance' or inspection, distancing the formal financial sector from crypto intermediaries. A significant legislative development occurred in May 2025 with the introduction of Bill 6538 (Ley de Criptomonedas) to the Congress of the Republic. This bill seeks to establish a comprehensive legal framework that would require crypto exchanges and wallet providers to register with the SIB, implement robust AML/KYC protocols, and ensure cybersecurity standards. The bill also proposes recognizing the voluntary use of crypto as a means of payment, distinct from legal tender. However, as of late 2025, this bill remains in the legislative process and has not yet been enacted. Operationally, retail traders in Guatemala can access international exchanges and peer-to-peer (P2P) markets. However, the interface with the local banking system poses challenges. Guatemalan banks, acting under SIB guidance to manage risk, do not offer direct crypto services and may occasionally block transactions related to crypto exchanges. Despite this, there is no blanket 'bank ban' on individuals using their funds for these purposes, provided they can navigate the banking sector's risk appetite. Tax obligations fall under the general 'Ley de Actualización Tributaria', where profits from crypto trading are likely treated as capital gains, subject to a 10% tax rate, though enforcement on this specific asset class is not yet systematic.
Source Evidence
Primary and secondary sources cited in this analysis
"Las monedas virtuales no son monedas de curso legal en el país... las plataformas... no se encuentran bajo la vigilancia e inspección de la Superintendencia de Bancos."
"El Quetzal es la única moneda de curso legal... las criptomonedas no son respaldadas por el Estado."
"Propuesta de ley para regular el uso, intercambio y almacenamiento de criptomonedas y activos digitales en Guatemala."
"On May 12, 2025, Bill No. 6538 was introduced... proposing the approval of the Cryptocurrency Law in Guatemala."
"The country of Guatemala is on its way to an official regime of crypto as Bill No. 6538 was presented to the Congress in June of 2025."
Web Sources (14)
Sources discovered via web search grounding
Search queries used (9)
- Banco de Guatemala criptomonedas comunicado oficial
- legalidad bitcoin guatemala 2025
- Superintendencia de Bancos Guatemala regulación criptoactivos
- Guatemala crypto regulation status 2024 2025
- impuestos criptomonedas guatemala
- Ley de Criptomonedas Guatemala aprobada 2025
- impuesto ganancias capital criptomonedas Guatemala SAT
- Superintendencia de Bancos Guatemala crypto exchange registration 2025
- Guatemala Bill 6538 status December 2025
https://coinfomania.com/cryptocurrency-regulation-in-guatemala/
https://www.congreso.gob.gt/noticias_congreso/13641/2025/1
https://es.beincrypto.com/guatemala-diputada-presenta-propuesta-regular-uso-criptomonedas/
https://ariaslaw.com/en/new-detail/2494/1/guatemala-has-taken-a-major-step-toward-crypto-regulation
https://hackenproof.com/blog/for-business/crypto-regulations-latin-america-2025-2026
https://blockgt.com/2025/05/28/ley-de-criptomonedas-en-guatemala/
https://www.sib.gob.gt/c/document_library/view_online_get_file?folderId=7808011&name=DLFE-37181.pdf
https://guatemala.cuentanos.org/articles/10032201653789
https://igcpa.org.gt/wp-content/uploads/2021/08/1.-Criptomoneda-un-enfoque-legal-fiscal-y-contable-Dr-Mendoza-y-Lic-Estaymer.pdf
https://www.sib.gob.gt/web/sib/atencion-al-usuario/suscripciones
https://www.binance.com/es-LA/square/post/24955116090818
https://www.fundacionlibertad.com/articulo/cual-es-el-estatus-legal-de-las-criptomonedas-en-guatemala
https://www.sib.gob.gt/
https://news.bitcoin.com/cryptocurrency-bill-draft-introduced-in-guatemalan-congress/