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Run: 52e9f4b3... | Guatemala - Retail Trading Status

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Allowed-Unregulated High Confidence
Created: 2025-12-12 04:21
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Step 1: Base Research

View Full
Allowed-Unregulated High Confidence
Created: 2025-12-12 04:21
Step 1

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.

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.

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

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'.

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.

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).
  • 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).

Source Evidence

Comunicado de Prensa: Uso de Monedas Virtuales primary

"Las monedas virtuales no son monedas de curso legal en el país... las plataformas... no se encuentran bajo la vigilancia e inspección de la..."

Banco de Guatemala Clarification on Cryptocurrency primary

"El Quetzal es la única moneda de curso legal... las criptomonedas no son respaldadas por el Estado."

Iniciativa de Ley 6538 (Ley de Criptomonedas) primary

"Propuesta de ley para regular el uso, intercambio y almacenamiento de criptomonedas y activos digitales en Guatemala."

Guatemala Has Taken a Major Step Toward Crypto Regulation secondary

"On May 12, 2025, Bill No. 6538 was introduced... proposing the approval of the Cryptocurrency Law in Guatemala."

Cryptocurrency Regulation in Guatemala - Coinfomania secondary

"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."

Comunicado de Prensa: Uso de Monedas Virtuales primary

"Las monedas virtuales no son monedas de curso legal en el país... las plataformas... no se encuentran bajo la vigilancia e inspección de la..."

Banco de Guatemala Clarification on Cryptocurrency primary

"El Quetzal es la única moneda de curso legal... las criptomonedas no son respaldadas por el Estado."

Iniciativa de Ley 6538 (Ley de Criptomonedas) primary

"Propuesta de ley para regular el uso, intercambio y almacenamiento de criptomonedas y activos digitales en Guatemala."

Guatemala Has Taken a Major Step Toward Crypto Regulation secondary

"On May 12, 2025, Bill No. 6538 was introduced... proposing the approval of the Cryptocurrency Law in Guatemala."

Cryptocurrency Regulation in Guatemala - Coinfomania secondary

"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

coinfomania.com

https://coinfomania.com/cryptocurrency-regulation-in-guatemala/

congreso.gob.gt

https://www.congreso.gob.gt/noticias_congreso/13641/2025/1

beincrypto.com

https://es.beincrypto.com/guatemala-diputada-presenta-propuesta-regular-uso-criptomonedas/

ariaslaw.com

https://ariaslaw.com/en/new-detail/2494/1/guatemala-has-taken-a-major-step-toward-crypto-regulation

hackenproof.com

https://hackenproof.com/blog/for-business/crypto-regulations-latin-america-2025-2026

blockgt.com

https://blockgt.com/2025/05/28/ley-de-criptomonedas-en-guatemala/

sib.gob.gt

https://www.sib.gob.gt/c/document_library/view_online_get_file?folderId=7808011&name=DLFE-37181.pdf

cuentanos.org

https://guatemala.cuentanos.org/articles/10032201653789

igcpa.org.gt

https://igcpa.org.gt/wp-content/uploads/2021/08/1.-Criptomoneda-un-enfoque-legal-fiscal-y-contable-Dr-Mendoza-y-Lic-Estaymer.pdf

sib.gob.gt

https://www.sib.gob.gt/web/sib/atencion-al-usuario/suscripciones

binance.com

https://www.binance.com/es-LA/square/post/24955116090818

fundacionlibertad.com

https://www.fundacionlibertad.com/articulo/cual-es-el-estatus-legal-de-las-criptomonedas-en-guatemala

sib.gob.gt

https://www.sib.gob.gt/

bitcoin.com

https://news.bitcoin.com/cryptocurrency-bill-draft-introduced-in-guatemalan-congress/

14 sources

coinfomania.com

https://coinfomania.com/cryptocurrency-regulation-in-guatemala/

congreso.gob.gt

https://www.congreso.gob.gt/noticias_congreso/13641/2025/1

beincrypto.com

https://es.beincrypto.com/guatemala-diputada-presenta-propuesta-regular-uso-criptomonedas/

ariaslaw.com

https://ariaslaw.com/en/new-detail/2494/1/guatemala-has-taken-a-major-step-toward-crypto-regulation

hackenproof.com

https://hackenproof.com/blog/for-business/crypto-regulations-latin-america-2025-2026

blockgt.com

https://blockgt.com/2025/05/28/ley-de-criptomonedas-en-guatemala/

sib.gob.gt

https://www.sib.gob.gt/c/document_library/view_online_get_file?folderId=7808011&name=DLFE-37181.pdf

cuentanos.org

https://guatemala.cuentanos.org/articles/10032201653789

igcpa.org.gt

https://igcpa.org.gt/wp-content/uploads/2021/08/1.-Criptomoneda-un-enfoque-legal-fiscal-y-contable-Dr-Mendoza-y-Lic-Estaymer.pdf

sib.gob.gt

https://www.sib.gob.gt/web/sib/atencion-al-usuario/suscripciones

binance.com

https://www.binance.com/es-LA/square/post/24955116090818

fundacionlibertad.com

https://www.fundacionlibertad.com/articulo/cual-es-el-estatus-legal-de-las-criptomonedas-en-guatemala

sib.gob.gt

https://www.sib.gob.gt/

bitcoin.com

https://news.bitcoin.com/cryptocurrency-bill-draft-introduced-in-guatemalan-congress/

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.