Local Laws

CRIMINAL PENALTIES: While you are traveling in Guatemala, you are subject to its laws. Foreign laws and legal systems can be vastly different from our own. Persons violating Guatemala’s laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Guatemala’s are severe, and convicted offenders can expect long jail sentences and heavy fines. In Guatemala, driving under the influence could land you immediately in jail. If you break local laws in Guatemala, your U.S. passport won’t help you avoid arrest or prosecution.

There are also some things that might be legal in the country you visit, but are still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the U.S. government is aware of your circumstances, you should request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas. If you are arrested in Guatemala, you have the option to request that the police, prison officials, or other authorities alert the U.S. Embassy of your arrest and to have communications from you forwarded to the U.S. Embassy.

SPECIAL CIRCUMSTANCES:

Customs: Guatemalan customs authorities may enforce strict regulations concerning temporary importation into or export from Guatemala of items such as antiquities and other cultural property. You should declare any amount of cash exceeding 10,000 USD that you bring into the country or the money may be confiscated by the authorities. It is advisable to contact the Embassy of Guatemala in Washington, D.C. or one of Guatemala’s consulates in the United States for specific information regarding customs requirements. Enforcement of laws to protect intellectual property rights in Guatemala are inconsistent. As stated above, in Guatemala, counterfeit CDs and DVDs are openly sold on the streets of major cities in violation of copyright laws. A number of raids and prosecutions have been pursued; however, resource constraints and lack of coordinated government action impede efficient enforcement efforts. Piracy of works protected by copyright and infringement of other forms of intellectual property, such as trademarks, remain problematic. Transactions involving such products are illegal and bringing them back to the United States may result in forfeitures and/or fines.

Marriage: Non-Guatemalan citizens who wish to marry in Guatemala are required to provide proof of identity and civil status (indicating whether they are single or divorced). Prior notice of the marriage must be given in the Diario de Centro América (Guatemala's Official Record) and any large-circulation daily newspaper for 15 days. The marriage must take place within six months of the publication of the notice or the publication loses validity and a new one is required with additional expense.

Suspicion of Outsiders: Guatemala is a country with many different and firmly held local beliefs and customs. Particularly in small villages, residents are often wary and suspicious of outsiders. In the past, Guatemalan citizens have been lynched for suspicion of child abduction, so we recommend that U.S. citizens keep a distance from local children, and refrain from actions that could fuel such suspicions. In addition, U.S. citizens are advised to be aware of and to avoid activities that might unintentionally violate a cultural or religious belief. The following recommendations will help residents and visitors alike to increase their safety:

• Avoid gatherings of agitated people. Attempting to intervene may put you at risk of attacks from mobs.
• Avoid close contact with local children, including taking photographs, especially in rural areas. Such contact can be viewed with deep suspicion and may provoke panic and violence.

Beaches and Lakes: Beware of strong currents, riptides, and undertow along Guatemala's Pacific coast beaches. They pose a serious threat to even the strongest swimmers. In 2014, three drownings of U.S. citizens in the Pacific Ocean off the coast of Guatemala were reported. In July 2011, a U.S. citizen drowned as a result of the undertow in this area and two U.S. citizens drowned in the same area in February 2012. Signs warning of treacherous surf are rare and confined mostly to private beaches owned by hotels. Lifeguards are rarely present on beaches. Lake Atitlan, one of the most popular tourist destinations, is deep enough to have dangerous undercurrents.

Volcanic Activity: There are currently four active volcanoes in Guatemala. Volcanic activity has on occasion forced evacuations of nearby villages. In September 2012, increased activity of the Fuego Volcano caused the evacuation of several villages. Past eruptions of the Pacaya Volcano near Guatemala City have briefly closed Guatemala City's international airport.

Tourists planning to climb the Pacaya and/or Agua volcanoes during Guatemala’s rainy season (May through October) should plan their climb for the morning hours when thunderstorms are less likely to occur. Climbers should monitor the weather situation and return to the base of the volcano as quickly and safely as possible if thunderstorms gather. INGUAT has organized an active community-based tourism program in San Vicente Pacaya to minimize the risk of armed robbery on Pacaya. Climbing volcanoes in groups is still highly advisable to reduce the risk of robbery and assault.

Earthquakes: Guatemala is a geologically active country. Visitors should be aware of the possibility of earthquakes at any time and make contingency plans.

Storms: Both the Caribbean and Pacific coasts of Guatemala are vulnerable to hurricanes and tropical storms from mid-May through November. Mudslides and flooding during the May to November rainy season often kill dozens of people and close roads. General information about natural disaster preparedness is available locally from the National Disaster Reduction Coordination Office (CONRED) and from the U.S. Federal Emergency Management Agency (FEMA). Please consult CONRED for updates on natural disasters or tropical storms and hurricanes.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: While there is no legal recognition of same-sex partnerships or marriages, private same-sex sexual activity between consenting adults is legal. Antidiscrimination laws exist, but do not include specific protections based on sexual orientation or gender identity. LGBT rights groups regularly allege that police officers engage in extortion by waiting outside clubs and bars frequented by LGBT persons to demand that those engaged in sexual activities pay protection money or pay to avoid jail. Police often harass male and transgender individuals they believe to be sex workers, many of whom are minors. According to LGBT rights groups, gay and transgender individuals often experience police abuse. A lack of trust in the judicial system and a fear of further harassment or social recrimination discourage victims from filing complaints. There is general societal discrimination against LGBT persons in access to education, health care, employment, and housing. For further information on LGBT travel, please read our Information for LGBT Travelers page.

ACCESSIBILITY: While in Guatemala, individuals with disabilities may find accessibility and accommodation very different from in the United States. Travelers who are disabled and need to use a wheelchair will find access for the disabled limited in Guatemala. Except for major hotels, some government buildings and major museums that have special access ramps for the disabled, most buildings remain wheelchair-inaccessible. Mayan ruins such as Tikal do not provide special access for the disabled.