US embassy cable - 05GUATEMALA2260

C O N F I D E N T I A L GUATEMALA 002260 
 
SIPDIS 
 
E.O. 12958: DECL: 09/24/2015 
TAGS: PREL, SNAR, CVIS, CASC, KCRM, EAID, PHUM, GT 
SUBJECT: AMBASSADOR CALLS ON GUATEMALAN CONGRESS 
 
 
Classified By: Amb. James Derham for reasons 1.4 (b) & (d). 
 
1. (C) Summary:  The president of the Guatemalan Congress, 
Jorge Mendez Herburger (JMH), predicted to the Ambassador 
that Article 98 would be approved "by Halloween."  The 
Ambassador also stressed the need for, and JMH agreed to, 
legislative action on anti-crime measures, CAFTA 
implementation, and adoptions.  End summary. 
 
2. (C) In his introductory call on JMH September 13, the 
Ambassador urged the GOG to push for congressional 
ratification of Article 98 ahead of the Rome Statute.  He 
said we were concerned by reports of a renewed push in the 
Congress to ratify the Rome Statute.  The Ambassador pointed 
out that Nethercutt Amendment and ASPA sanctions could kick 
in, suspending ESF and other assistance, if Guatemala 
ratified the Rome Statute without having ratified first our 
Article 98 agreement.  JMH said he and the Berger 
Administration understood the need to approve Article 98 
before the Rome Statute, and he predicted the Congress would 
approve Article 98 "by Halloween." 
 
3. (C) The Ambassador noted our appreciation of cooperation 
to combat organized crime, including narcotics trafficking 
and alien smuggling.  He made a pitch for legislation to 
authorize modern investigation and prosecutorial tools, such 
as wiretaps with judicial oversight, controlled deliveries, 
undercover operations and an anti-conspiracy law.  JMH 
claimed there had been progress on a civil intelligence bill 
that included wiretap authority.  He reported that an Arms 
and Munitions Bill received its first reading, and he said 
the Congress had also undertaken some reforms of the judicial 
system that would reduce the dilatory tactics available to 
defense lawyers while still providing the necessary 
safeguards. 
 
4. (C) The Ambassador noted that congressional action would 
be needed to implement CAFTA.  In that connection, he 
encouraged JMH to consider other legislation to strengthen 
rule of law and improve the investment climate, including 
transparency and anti-corruption laws.  JMH said the Foreign 
Trade and Economic Affairs Committee had begun working on 
CAFTA implementation legislation.  He added that the 
congressional leadership remained committed to pushing a 
package of "compensatory measures" for those who might be 
adversely affected by CAFTA. 
 
5. (C) JMH said he had received dozens if not hundreds of 
e-mails from American citizens who were opposed to new 
adoptions legislation pending in the Congress.  The 
Ambassador confirmed that the USG continued to support the 
enactment of adoptions legislation consistent with the Hague 
Convention on Intercountry Adoptions.  JMH noted that the 
Chairman of the Family and Minors Committee was meeting 
concurrently with embassy officers. 
 
DERHAM