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Saturday, September 12, 2026 · Guatemala CityQ7.6282 per US$+0.00%
ADVANCE GUATEMALA
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Smuggling and customs fraud: the $CA 3,000 / 3 % FOB threshold and 7–10 years' prison

Dossier
Taxes and incentives03-impuestos.md
Domain
impuestos/aduanasimpuestos/aduanas
Audited
Audited

Under the Customs Fraud and Smuggling Act (Decreto 58-90, art. 6) the act is a crime when the customs value of the goods exceeds the equivalent of three thousand Central American pesos ($CA 3,000) or 3 % of the shipment's total FOB value, whichever is lower; below that threshold it is a tax infraction resolved administratively by SAT (undeclared surplus goods follow the National Customs Act instead). Penalties (art. 7, item a as amended by Decreto 20-2006): principals, seven to ten years' prison; accomplices, two to four; accessories, one to two; public officials or customs agents who are accomplices or accessories receive the principal's penalty. In every case a fine equal to the value of the goods and the cancellation of the business licence are added, on top of customs and ordinary sanctions (art. 9: disqualification as an accessory penalty).

The research is written in English; quoted figures, source names and the titles of legal instruments stay in the language their source published them in.

Figures

Crime threshold (customs value)Decreto 58-90, art. 6
$CA 3,000 or 3 % of the shipment's FOB, whichever is lowerin force
Penalty for principalsDecreto 58-90, art. 7 (Decreto 20-2006)
7 to 10 years' prison + fine equal to the goods' valuein force

Caveat

Consolidated text published by SAT, read article by article; not the official gazette nor legal advice. Confirm reforms after the capture date before acting.

Sources

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This layer is research: read from public sources by the archive's own team, every claim cited with the date it was consulted, and audited where it is marked so. It has not entered the verified store — no figure here was fetched back from its source or stamped with a retrieval time — so it wears no red provenance numeral and never mixes with the verified figures.