You are here: Home • CLACDS • Our Research • Legal Framework for Concessions in Guatemala (Spanish)

Legal Framework for Concessions in Guatemala (Spanish)

0200	Infraestructura de Transportes
211	Legal Framework for Concessions in Guatemala (Spanish)	- Umaña, Mario
The private sector's involvement in infrastructure financing, construction, refurbishing, operation, maintenance, and modernization is a global phenomenon resulting from fiscal crises and the reengineering of the government. Domestic and international sources of debt and equity financing combine with the use of project finance to create scenarios favoring the development of public work concessions. The Sectoral Council of Transportation Ministers of Central America (COMITRAN) and the Central American Commission on Sea Transportation (COCATRAN) have incorporated the promotion of these mechanisms as a part of their regional policies. This paper analyzes the Guatemalan juridical framework for concessions, highlighting that country's leadership on this matter in the region, as well as weaknesses of the model resulting from the lack of specialized legislation, the legislative approval of contracts, and the use of inappropriate juridical patterns. A number of reforms are recommended to ensure the sustainability of the process.
October, 1998	17 Pages