The Congress of the Republic of Guatemala has permitted the Complete Regulation for the Prevention and Suppression of Cash Laundering or Different Property and the Financing of Terrorism (recognized as Decree 15-2026).
A complete of 160 members permitted the invoice with 147 votes in favor. The regulation shall be debated for the third time after the extraordinary session, and can come into drive three months after it’s printed within the Official Gazette.
The brand new regulation, first introduced in September 2025, updates a 25-year-old authorized framework and explicitly features a cryptocurrency sector underneath direct state supervision for the primary time within the Central American nation's historical past.
Change platforms, custodians and digital asset service suppliers Thought-about topic to necessary previous to Particular Verification Investigation (IVE).native or not doesn't matter.
The regulation repeals earlier laws enacted in 2001 and 2005 geared toward unifying monetary administration insurance policies and following the suggestions of the Monetary Motion Job Power (FATF).
This determination is in response to the obsolescence of earlier authorized instruments within the face of present market dynamics. and the emergence of latest digital property within the international economic system. With this, Guatemalan authorities search to strengthen the nation's worldwide confidence amongst traders and the correspondent banking system.
The Decree, which continues to be awaiting formal publication and the event of technical rules, defines the precautionary method as transferring from conventional banking to all financial actions.
Digital asset service suppliers (PSAVs) have to adapt their operations Has the identical administration tasks as a financial institution and different regulated entities.
In accordance with legislative paperwork reviewed by CriptoNoticias, the rules will regulate sure actions inside the cryptocurrency ecosystem, together with trade, storage, switch, issuance of digital property, and administration of buying and selling platforms.
Testing and id verification (KYC) required by authorities shall be strictly enforced To stop cash laundering and terrorist financingSubsequently, we don’t predict or assure that you’ll routinely get hold of a business license for operation.
Regulated suppliers should register with the Banking Supervision Authority by a particular verification physique. Failure to adjust to this registration will end in administrative sanctions starting from $500 to $500,000. It will depend on the severity of the failure.
Firms within the crypto sector shall be pressured to undertake a risk-based method. This consists of growing a prevention handbook that features monetary crime mitigation insurance policies, appointing a compliance officer from senior administration, and conducting common inner and exterior audits as required by the FATF.
One other necessary level of this invoice is that Prohibition of anonymity within the buying and selling of digital property. Platforms should apply strict due diligence or know-your-customer insurance policies, which require figuring out and verifying the id of customers and end-beneficiaries by trusted sources earlier than establishing business relationships.
Equally, rules require tighter controls when processing operations utilizing expertise that makes it troublesome to hint funds.
In the case of reporting, crypto corporations report anomalous transactions that lack a transparent financial or authorized foundation on to the IVE by suspicious transaction experiences.
Equally, there’s a requirement to keep up every day data and often report money transactions exceeding $10,000 or native foreign money equal.
Earlier strategies on cryptocurrencies and privateness
Guatemala's new regulation geared toward mitigating cash laundering and coping with digital currencies has destroyed Initiative 6538, which sought to control using Bitcoin (BTC) and different digital property within the nation, as this media reported.
In actual fact, details about this invoice is now not obtainable on the Guatemalan Congress's transparency portal, and as an alternative of highlighting the crypto sector, it has sparked debate over the content material of the brand new regulation. It's simply that it's included within the broader rules to adjust to FATF.
Equally, this regulation raises deep debates in regards to the ethical and moral nature of Bitcoin, which straight impacts its nature. By strictly prohibiting anonymity in transactions and requiring strict due diligence or know-your-customer insurance policies, the Guatemalan state Enhance individuals's private privateness.
As well as, suppliers have the next obligations: Totally establish and confirm the id of customers and supreme beneficiaries We acquire info by trusted sources earlier than establishing business relationships, use expertise that protects the privateness of funds, and implement tighter controls when processing enterprise.
This oversight represents a direct contradiction to the elemental rules of financial freedom and particular person sovereignty that created Bitcoin and reworked the technique of inclusion. In nationwide monetary supervision mechanisms.
Adaptation to Decree 15-2026 has additionally induced debate within the enterprise surroundings, because it considerably will increase operational and compliance prices for corporations which have beforehand operated exterior the surveillance radar underneath FATF requirements. It defines the finer factors and technical thresholds that govern the day-to-day operations of digital asset suppliers. As soon as the chief department points supplemental rules.
(Translate tag) Anti-money laundering (AML)
