US embassy cable - 04GUATEMALA3244

UNCLAS GUATEMALA 003244 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER, ASEC, KCRM, EFIN, KHLS, KPAO, GT 
SUBJECT: GUATEMALA: 2004 ANNUAL TERRORISM REPORT 
 
REF: STATE 245841 
 
1.  The following is Embassy Guatemala's submission for the 
2004 Annual Terrorism Report: 
 
Begin text: 
 
There were no significant acts of international terrorism in 
Guatemala in 2004.  The Government of Guatemala has supported 
the war on terrorism in international fora such as the UN and 
OAS and cooperates fully with the United States.  Guatemala 
signed the Inter-American Convention Against Terrorism but 
has not yet ratified it.  In 2004, Guatemala redoubled 
efforts to cooperate with Mexico on border security through 
the bilateral High-Level Group for Frontier Security 
(GANSEF).  The Guatemalan Government also created and filled 
a high-level counterterrorism czar position to coordinate 
interagency efforts on counterterrorism issues. 
 
Severe resource constraints, corruption, and an ineffective 
criminal justice system are some of the impediments facing 
Guatemala in its struggle against transnational crime threats 
such as drug trafficking and alien smuggling.  Guatemala's 
northern border with Mexico lacks effective coverage by 
police or military personnel, and controls at its southern 
and eastern borders with El Salvador have been relaxed as 
part of the Central American integration process.  Guatemala 
lacks the technology and manpower to effectively monitor 
transit of possible international terrorists.  Nevertheless, 
Guatemalan authorities provided strong cooperation to U.S. 
requests for assistance in the investigation of possible 
terrorism leads. 
 
Guatemalan authorities have responded favorably to requests 
for enhanced security of official U.S. property and personnel 
on an as-needed basis.  Guatemalan law enforcement 
authorities do not have wiretapping authority, but the 
government is studying the issue to determine if 
constitutional stipulations on privacy apply to this area. 
Law enforcement authorities can initiate physical 
surveillance of terrorist suspects, but the police have 
limited capabilities.  Military intelligence personnel were 
involved in counterterrorism investigations in the past, but 
the military downsizing has reduced military intelligence 
capabilities, and the reform of military doctrine has 
eliminated any internal security roles for the Guatemalan 
military.  Terrorism suspects -- like detainees suspected of 
any other type of crime -- can only be held for six hours 
before being charged. 
 
Guatemala was removed from the Financial Action Task Force 
(FATF) list of Non-Cooperative Countries and Territories 
(NCCT) in July 2004 after the FATF determined that Guatemala 
had made sufficient progress in eliminating deficiencies in 
Guatemala's anti-money laundering regime.  These measures 
have included the creation of a Financial Intelligence Unit, 
passing comprehensive banking legislation, and bringing the 
offshore banking sector under the effective supervision of 
the Financial Intelligence Unit. 
 
Guatemala has taken a number of initiatives with regard to 
terrorist financing.  Article 391 of the Guatemalan Penal 
Code sanctions all preparatory acts leading up to a crime, 
and terrorist financing can be considered an offense under 
this Article.  Technically, both judges and prosecutors could 
issue a freeze order on terrorist assets, but no test case 
has validated these procedures.  There is no known credible 
evidence of terrorist financing in Guatemala, and the 
Guatemalan Government along with the financial sector, has 
been very cooperative in looking for such funds.  Specific 
legislation to address terrorist financing is currently being 
considered by the Guatemalan Congress. 
 
Guatemalan civil aviation and port authorities have been very 
responsive to U.S. requests for assistance in investigating 
potential terrorism leads.  The Guatemalan Government is 
currently working to enhance overall maritime and aviation 
security and counterterrorism capabilities in order to remain 
in compliance with rising international standards.  However, 
organized crime and smuggling rings continue to operate in 
Guatemala's principal ports and airports, and, together with 
corruption, pose an ongoing security threat. 
 
Guatemala is a party to 10 of the 12 United Nations 
conventions and protocols related to terrorism and to one OAS 
counterterrorism convention. 
 
End text. 
HAMILTON