R 121630Z FEB 09
FM USMISSION GENEVA
TO SECSTATE WASHDC 7992
INFO WORLD TRADE ORGANIZATION COLLECTIVE
DEPT OF AGRICULTURE WASHINGTON DC
USDOC WASHDC
AMEMBASSY GUATEMALA

UNCLAS GENEVA 000127 
 
 
EEB/TPP/MTAA FOR CRAFT 
USDA/FAS/ITP, MTND 
USDOC FOR ITA 
 
E.O. 12958: N/A 
TAGS: ETRD WTRO USTR GT XK XM
SUBJECT: FEBRUARY 2009 TRADE POLICY REVIEW OF GUATEMALA 
 
¶1.  SUMMARY:  WTO Members conducted the Trade Policy Review of 
Guatemala on February 4 and 6, 2009.  The head of Guatemala's 
delegation, Vice-Minister Morales, discussed Guatemala's export 
market diversification efforts and its firm belief in the 
rules-based multilateral trading system, unshaken in the current 
period of economic stress.  Members highlighted Guatemala's 
commitment to trade liberalization and advancements in the areas of 
customs procedures and protection of intellectual property rights. 
Areas of Members' concern included the large gap between bound and 
applied rates, a lack of transparency in the government procurement 
regime, and the need to phase out export subsidy programs by the 
2015 deadline.  END SUMMARY. 
 
Statement of the United States 
 
¶2.  The representative of the United States made the following 
remarks: 
 
¶3.  "The United States is pleased to welcome Vice Minister Morales, 
Ambassador Sperisen-Yurt, and the rest of the Guatemalan delegation 
to Guatemala's second Trade Policy Review.  A great deal has 
happened since Guatemala's last review in 2002, as the government 
has continued to place a high priority on trade liberalization as 
the core of its national development strategy.  Guatemala's report 
provided us with valuable background information, a useful 
perspective and a framework to understand the government's trade 
policy regime and practices since 2002.  We also appreciate the WTO 
Secretariat's comprehensive report, and thank the discussant, 
Ambassador Mario Matus, for his important contributions to this 
review." 
 
¶4.  "The United States and Guatemala enjoy a strong trade and 
economic relationship.  Our partnership takes place within the 
broader context of excellent cooperation on a variety of matters of 
mutual interest, including global UN peacekeeping efforts, ongoing 
regional security and counter-narcotics efforts.  Trade and economic 
integration between the United States and Guatemala is an important 
element of our bilateral relations and generates important benefits 
for both countries and the region.  Our bilateral trade was $7.1 
billion in two-way trade in goods during 2007." 
 
¶5.  "For many years, our trade relationship with Guatemala was 
driven by the unilateral trade preferences that the United States 
provides through the Caribbean Basin Initiative trade preferences 
program.  This program has contributed to economic growth and 
development in Guatemala.  Our bilateral relationship changed 
recently from one based on unilateral trade preferences to one based 
on reciprocal free trade through the Dominican Republic - Central 
America - United States Free Trade Agreement (DR-CAFTA), a regional 
free trade agreement between the Dominican Republic, the United 
States, and five Central American countries (Costa Rica, El 
Salvador, Guatemala, Honduras, and Nicaragua)." 
 
¶6.  "Both the Secretariat's and Guatemala's reports indicate that 
Guatemala is pursuing a strategy of trade liberalization at the 
multilateral, regional, and bilateral levels.  The United States 
commends Guatemala on its path to trade liberalization, including 
the adoption of liberalization measures -- unilaterally, regionally 
and multilaterally.  On the multilateral front, Guatemala has been 
an active and constructive participant in the Doha Round, and we 
greatly appreciate Ambassador Sperisen-Yurt's role as Chair of the 
Trade Facilitation Negotiating Group.  During the review period, 
Guatemala submitted several notifications to the WTO for example on 
domestic support for agriculture, customs valuation, and technical 
barriers to trade." 
 
¶7.  "At the regional and bilateral levels, trade liberalization and 
economic integration has been very important for Guatemala's trade 
with its neighbors.  The Central American Common Market establishes 
the framework for Guatemala's trade policy.  Moreover, CACM exports 
have been key to Guatemala's export growth, representing 28.3 
percent of its exports in 2007 and 19.3 percent of its export growth 
over the previous year." 
 
¶8.  "Entry into force of the DR-CAFTA is another important trade 
liberalizing step that Guatemala took during the review period.  The 
DR-CAFTA was signed in August 2004 and entered into force for 
Guatemala on July 1, 2006.  Under the agreement, the Parties remove 
tariff and non-tariff barriers to trade and investment, which will 
strengthen regional trade and economic integration.  The DR-CAFTA 
also includes important disciplines relating to:  customs 
administration and trade facilitation, technical barriers to trade, 
government procurement, investment, cross-border trade in services, 
financial services, telecommunications, electronic commerce, 
intellectual property rights, transparency, and labor and 
environmental protection.  As Guatemala, the United States, and our 
DR-CAFTA colleagues implement our FTA, we believe that our 
commitments will contribute widely to the multilateral trading 
 
system and expand world trade." 
 
¶9.  "In addition, Guatemala has free trade agreements with Mexico, 
the Dominican Republic and Chinese Taipei and has concluded 
agreements with Colombia, Chile, Panama and Belize, which are in the 
process of ratification.  Guatemala, together with the rest of 
Central America, is also in the process of negotiating a free trade 
agreement with the European Union." 
 
¶10.  "As noted in the Secretariat's and the government's reports, 
the period of review was an active time for trade policy 
liberalization and market opening strategies in Guatemala, and one 
in which Guatemala's trade and economic liberalization policies and 
integration have helped to mitigate the negative impact of economic 
downturn.  Guatemala implemented a number of significant 
modifications to its domestic trade regime during this review 
period.  Many of these changes were necessitated by commitments that 
Guatemala undertook in the DR-CAFTA.  These changes can only enhance 
global trade." 
 
¶11.  "In customs administration, for example, the Secretariat's 
report notes that Guatemala has continued with the process of 
reform, streamlining customs procedures and adopting the new Central 
American regulations on customs procedures and valuation and taking 
steps to improve functioning of its customs services.  During the 
period under review, Guatemala ceased to apply minimum customs 
values." 
 
¶12.  "Both reports note that Guatemala has made several amendments 
to its intellectual property legislation, which extend additional 
protection to copyrights and industrial property rights beyond the 
minimum standards provided in the TRIPS Agreement.  Since its last 
trade policy review, Guatemala has also ratified four WIPO treaties. 
 In its own report, the Guatemalan government notes recent efforts 
to reinforce the Special Prosecutor's Office for Intellectual 
Property Offences and the National Intellectual Property Committee. 
The United States welcomes these efforts and Guatemala's commitment 
to enhance the implementation and monitoring of its international IP 
obligations.  We would further welcome more specific information 
about Guatemala's activities in this regard." 
 
¶13.  "We also welcome, as the Secretariat report recognizes, that 
Guatemala has continued to build its capacity to apply technical 
regulations and sanitary and phytosanitary measures, revised its 
government procurement law, and introduced some reform in the areas 
of energy, financial services and telecommunications." 
 
¶14.  "While the United States applauds these positive efforts, we 
have concerns with some aspects of Guatemala's trade regime and the 
limitations on reform in certain areas.  We encourage Guatemala to 
continue to strengthen its technical and administrative capacity to 
apply correctly sanitary and phytosanitary measures, and we urge 
predictable, transparent and non-discriminatory application of 
Guatemala's new government procurement system." 
 
¶15.  "The tariff concessions that Guatemala grants under the free 
zones regime continue to concern us.  As the economic reform process 
continues, we want to remind Guatemala of the need to take 
preparatory steps now to fulfill its WTO and DR-CAFTA obligations 
with respect to its free zones regime." 
 
¶16.  "More broadly, as the Secretariat's report suggests, 
Guatemala's continued economic growth will depend on greater 
efficiencies and competition in the domestic marketplace.  The 
United States encourages Guatemala to continue along the path toward 
free market policies, and a regulatory framework that eliminates 
distortions and encourages competition, with a particular focus on 
the areas of electricity and telecommunications.  We underscore the 
conclusion in the Secretariat's report that the telecommunications 
sector would benefit from a stronger regulatory body and more 
competition." 
 
¶17.  "We thank the delegation of Guatemala for its willingness to 
consider these points, as well as our written questions, and welcome 
the opportunity to engage with Guatemala and other delegations in 
this discussion of Guatemala's trade policy regime." 
 
Chairperson's Summary Remarks 
 
¶18.  The Chairman, Ambassador Agah of Nigeria summarized the meeting 
as follows: 
 
¶19.  "The second Trade Policy Review of Guatemala has allowed this 
Body to appraise in detail the evolution of its trade policies since 
¶2002.  I thank Vice-Minister Morales, Ambassador Sperisen-Yurt and 
their team for engaging so constructively in this Trade Policy 
Review exercise.  I would also like to thank the discussant, 
Ambassador Matus, and Members who participated in the discussion as 
 
part of this exercise." 
 
¶20.  "This has been a very positive review.  We have heard 
widespread acknowledgement by Members of Guatemala's macroeconomic 
stability, its sustained growth during the period of the Review, and 
its commitment to trade liberalization at multiple levels. 
Guatemala has also received well-deserved commendation for the 
reforms it has undertaken in customs procedures and for its advances 
in the protection of intellectual property rights.  Through these 
and other reforms to liberalize and facilitate trade, Guatemala has 
advanced its significance as a trading partner and its 
attractiveness as a destination for investors." 
 
¶21.  "Our discussion has also highlighted the fact that a country's 
trade policies, like the multilateral trading system itself, cannot 
be seen in isolation from the broader economic environment.  Noting 
that the global financial crisis poses serious challenges for all 
countries, several Members welcomed Guatemala's sustained commitment 
to open markets.  Members also observed that the liberalization of 
trade policy in Guatemala had been one component in a broader reform 
effort leading to the strengthening of both Guatemala's market 
economy and its institutional framework.  Although some improvements 
have been made, it was, nevertheless, observed that poverty and 
inequality remain high." 
 
¶22.  "Members commended Guatemala for its support for and active 
participation in the multilateral trading system and the Doha 
Development Agenda.  They also pointed out that Guatemala has not 
used anti-dumping, countervailing duties, or safeguard measures." 
 
¶23.  "On the other hand, Members expressed concerns in relation both 
to transparency and to the ability of some agencies to carry out 
their functions effectively in several areas.  In response, 
Guatemala provided updated information on the status of institutions 
that have been established or in the process of formation, including 
their composition and procedures.  Guatemala also clarified numerous 
aspects of the government procurement process, including the terms 
under which foreign providers may participate; and provided 
additional information on the country's SPS and TBT procedures. 
Members also pointed to the wide gap between Guatemala's bound and 
applied tariff rates, noting that reducing this gap would improve 
the predictability of Guatemala's regime." 
 
¶24.  "In response to questions regarding the export subsidies 
included in its free zones regimes, Guatemala reiterated its 
commitment to meet the 2015 deadline for the elimination of these 
measures.  Some Members welcomed and acknowledged the importance of 
the ongoing efforts to adopt competition policy legislation to help 
address anti-competitive practices in the domestic market. 
Guatemala also explained several aspects of the procedures by which 
rights are granted and enforced, in response to requests by some 
Members' for additional information regarding its protection of 
intellectual property rights." 
 
¶25.  "Members also raised questions about the regulatory framework 
in the electricity, telecommunications and insurance sectors.  In 
this context, Guatemala provided updated information on the status 
of service sector reforms that have been recently enacted or are 
still pending action in the legislature.  Observing that Guatemala 
has already undertaken, on an autonomous basis, significant 
liberalization in its services sector in the years since the 
conclusion of the Uruguay Round, Members invited it to bind these 
reforms in the GATS to enhance legal certainty." 
 
¶26.  "In conclusion, we have, through this Review, gained a 
first-hand appreciation of Guatemala's significant progress since 
its first Review, and the challenges that lie ahead.  Members very 
much appreciated Guatemala's trade liberalization and other 
modernization efforts, which had gone hand-in-hand with economic 
growth.  Members thus encouraged Guatemala to continue down this 
road, in order to help its economy face the current world financial 
crisis, and further its prospects for sustainable economic growth 
and social development." 
 
¶27. "I would like to close this meeting by thanking, once again, the 
discussant and the Members who took part in this meeting for 
contributing to an informative review.  I should also thank the 
interpreters for their usual hard work.  I would also like to thank 
the delegation of Guatemala for addressing the various issues that 
Members have raised both in writing and orally.  We look forward to 
receiving responses to the follow-up questions within the next 
month." 
 
ALLGEIER