The following overview identifies common legal considerations. It does not replace a project-specific regulatory analysis.
Energy, petroleum and local content
Petroleum projects and supply-chain activities can engage production and service contracts, local-content requirements, tax and customs treatment, environmental authorisation, land and port arrangements, employment, immigration, insurance, financing and dispute resolution.
Official petroleum information is published by the Ministry of Natural Resources through the Petroleum Management Programme. Businesses participating in the petroleum supply chain should also determine whether registration, procurement, planning or reporting obligations administered through the Local Content Register apply to them.
Fraser & Housty advises on commercial arrangements, corporate structuring, regulatory compliance, local-content considerations, land and property matters, financing, employment and disputes connected with the sector.
Mining and natural resources
Mining activities may require mineral tenure, prospecting or mining permissions, land-access arrangements, environmental approval, operating permits and compliance with production, reporting, royalty, tax, export and anti-money-laundering requirements.
The principal sector authority is the Guyana Geology and Mines Commission. Environmental requirements may involve the Environmental Protection Agency.
Legal work in the sector may include due diligence on mineral rights, joint ventures, investment agreements, financing, equipment and service contracts, land access, environmental obligations, employment, offtake arrangements and contentious proceedings.
Infrastructure, construction and public procurement
Roads, bridges, ports, airports, utilities, housing and commercial developments frequently involve multiple public and private parties. Their legal requirements may encompass land acquisition, planning, environmental approval, procurement, financing, construction contracts, security packages, insurance, performance obligations and claims management.
Public opportunities and procurement documents are published by the National Procurement and Tender Administration. Procurement oversight information is available from the Public Procurement Commission.
Project documents should clearly allocate design, delay, cost, site, approval, variation, payment, performance, health-and-safety and termination risks.
Banking, finance, securities, insurance and pensions
Financial-sector activities are regulated according to the nature of the institution, product and transaction. The Bank of Guyana supervises licensed financial institutions and other regulated financial sectors, while the Guyana Securities Council regulates securities activities.
The Financial Intelligence Unit receives and analyses information relating to suspected money laundering, terrorist financing and proceeds of crime.
Relevant legal work may include licensing, financing, mortgages and charges, bond and note transactions, regulatory submissions, insurance, pensions, compliance programmes, enforcement and financial disputes.
Property and development
Guyana’s property system includes transports, certificates of title, state and other leases, mortgages and a variety of registered or equitable interests. The applicable title system and transaction process must be identified for each property.
Property and development work may include:
- title investigation and searches;
- acquisitions and disposals;
- commercial and residential leases;
- mortgages and secured lending;
- subdivisions and development schemes;
- easements, restrictive covenants and access rights;
- planning and environmental approvals;
- construction and management arrangements; and
- property litigation.
Relevant institutions include the Deeds and Commercial Registries Authority, the Central Housing and Planning Authority and the Environmental Protection Agency.
Telecommunications, technology and intellectual property
Telecommunications businesses may require licences, spectrum or equipment permissions, regulatory approvals and compliance with service and consumer requirements. The Telecommunications Agency publishes sector legislation and licensing information. The Public Utilities Commission regulates specified public utilities, including telecommunications services.
Technology arrangements may also raise questions about software licensing, intellectual property, data handling, confidentiality, outsourcing, cybersecurity, consumer protection and competition. Trademark, patent, design and related registry functions are administered through the Deeds and Commercial Registries Authority. Competition and consumer matters fall within the remit of the Competition and Consumer Affairs Commission.
Trade, manufacturing and product regulation
Businesses importing, exporting, manufacturing or distributing goods should consider customs, tariff classification, valuation, product standards, labelling, agency and distribution arrangements, intellectual property, consumer protection and foreign-exchange requirements.
The Guyana Revenue Authority administers customs and trade requirements. Standards and conformity information is available from the Guyana National Bureau of Standards.
Guyana’s international trade information and WTO commitments are available from the World Trade Organization.
Shipping, maritime, aviation and logistics
Transport and logistics operations may involve vessel or aircraft registration, operating approvals, safety regulation, port or airport arrangements, cargo and charter contracts, customs, insurance, employment, financing and casualty or cargo claims.
The Maritime Administration Department is responsible for important aspects of maritime administration and safety. The Guyana Civil Aviation Authority regulates civil aviation.
Employment and workforce mobility
Businesses operating in Guyana must address employment contracts, workplace policies, compensation, leave, termination, occupational safety, industrial relations and statutory contributions.
The Ministry of Labour and Manpower Planning publishes employment and occupational-safety information. Foreign workers should consult the Immigration Support Services portal for applicable visa and landing-permission requirements.
Regulatory decisions and disputes
Government licences, procurement decisions, tax assessments, environmental approvals and other regulatory actions may engage statutory appeal procedures, administrative review or constitutional remedies. Commercial disputes may proceed through negotiation, mediation, arbitration or the courts, depending upon the contract and circumstances.
Fraser & Housty advises on regulatory engagement, risk management, negotiations, litigation, appeals, judicial review and other dispute-resolution processes.