Decree Nº 48-97: Mining law and its regulations

This document is part of the source library for NRGI's 2017 Resource Governance Index, a comprehensive measure of the quality of natural resource governance in oil, gas and mineral-rich countries. To access the full dataset and all other index resources, visit https://resourcegovernanceindex.org.

Data and Resources

Additional Info

Field Value
Sector Mining
Country Guatemala
Year 1997
RGI Edition Year 2017
Topic Contract transparency and monitoring, Licensing and negotiation, Measurement of environmental and social impacts, Open data, Revenue management, Revenue sharing, Sovereign wealth funds, State-owned enterprises, Subnational governance, Tax policy and revenue collection
Document Type Statute
RGI Sub-component Licensing
RGI Questions 1.1.3c: Prior to each license process, is the licensing authority required to disclose the rules governing the licensing process, such as auction or negotiation rules?,
1.1.5a: Following each licensing process, is the licensing authority required to disclose the list of companies that submitted license applications (in the case of a first-come, first served; or negotiation round) or bids (in the case of an auction)?,
1.1.5d: Are there rules that companies can follow to appeal licensing decisions?,
1.2.6a: Is the government required to make all payments to the national treasury or deposit them into a national resource account, aside from amounts legally retained by SOEs?,
1.3.3b: Is there a requirement for environmental mitigation management plans to be publicly disclosed?,
1.3.7b: Are there specific procedures governing the resettlement of land users when project development interferes with their access to or use of land?,
1.4c: What is the name of the largest company in which the government has a controlling share (i.e. an SOE)?,
2.2b: Are there specific rules governing the transfer of extractive resource revenues (i.e. are these rules distinct from those governing other types of transfers)?,
2.2c: Do rules specify that subnational governments of producing areas should receive a higher share of extractive resource revenues than those of non-producing areas?,
2.3b: If there are multiple natural resource funds, which is the largest?
Did this document contribute to RGI scoring? Used for scoring
Are the RGI questions here tagged with law and/or practice Law
Publisher Ministerio de Energía y Minas
Author Congreso de la República
Source or API link http://www.mem.gob.gt/wp-content/uploads/2015/06/2._Mining_Law_and_its_Regulation.pdf
Maintainer Natural Resource Governance Institute
Maintainer Email Natural Resource Governance Institute