US embassy cable - 05GUATEMALA2611

UNCLAS SECTION 01 OF 03 GUATEMALA 002611 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR PM/WRA AND WHA - GIOVANNI SNIDLE 
 
E.O. 12958: N/A 
TAGS: PARM, PREL, PGOV, MCAP, ASEC, KCRM, KJUS, GT, OAS 
SUBJECT: GUATEMALAN LEGAL REFORM: THE ARMS REGULATION BILL 
AND ILLICIT ARMS TRAFFICKING 
 
 
1.  (SBU) Summary:  The Guatemalan Congress is on the verge 
of approving an arms regulation bill that will transfer 
oversight of privately-owned firearms from the Defense 
Ministry to the Government (Interior) Ministry, per a 
stipulation in the Guatemalan Peace Accords.   Among other 
reforms, the bill increases penalties for illegal import, 
export or fabrication of arms and munitions.  While this 
legislation does not appear to comply with several of the 
articles in the Inter-American Convention Against the Illicit 
Manufacture and Trafficking of Firearms (CIFTA), we believe 
that it strengthens legal prohibitions against illicit arms 
trafficking.  This legislation will likely have little impact 
on violence in Guatemala because the bill focuses on 
legally-owned firearms and because current laws on illegal 
possession and use of firearms are not being enforced.  End 
Summary. 
 
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Background and Bill Highlights 
-------------------------------------- 
 
2.  (U) Among the 13 agreements that constitute the 
Guatemalan Peace Accords, the September 1996 "Agreement on 
the Strengthening of Civilian Power and on the Role of the 
Armed Forces in a Democratic Society" committed the GOG to 
restrict the possession and carry of firearms and transfer 
responsibility for registration of privately-owned firearms 
from the Ministry of Defense to the Ministry of Government, 
with the latter process to be completed the end of 1997. 
After several abortive efforts, the Guatemalan Congress is on 
the verge of approving a law that reforms regulations 
governing the possession and carry of firearms, including 
transfer of registration and monitoring responsibilities from 
the Defense to the Government Ministry. 
 
3.  (U) The bill lists the duties and powers of the new arms 
regulation agency (DIGECAM) and defines various classes of 
firearms and other weapons.  Firearms are divided into four 
categories:  defensive, sporting, offensive, and martial. 
The offensive firearms category encompasses fully automatic 
rifles, submachine guns, and all semi-automatic rifles that 
are used by military forces or that have a military 
appearance (assault rifles).  Martial firearms are defined as 
crew-served weapons, including light and heavy machine guns, 
automatic cannons, and grenade or rocket launchers.  Knives 
and other blade weapons, WMD (biological, chemical, and 
nuclear), explosives, booby traps, and experimental arms are 
also subject to DIGECAM regulation in this bill. 
 
4.  (U) The bill establishes regulations for the import, 
export, sale, and manufacture of arms and munitions.  It also 
specifies requirements for possession and for carry of 
firearms, transport of arms and munitions, possession and use 
of ammunition reloading machines, requirements for gunsmiths, 
and regulations for the operation of firing ranges. 
 
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Sanctions for Illegal Acts 
------------------------------ 
 
5.  (U) The bill specifies penalties for various violations, 
primarily prison sentences that cannot be commuted by payment 
of a fine (a common legal practice for other categories of 
crimes).  The penalties include: 
 
Illegal Importation Of: 
 defensive or sporting firearms:  4-6 years; 
 offensive firearms, WMD, explosives, etc.:  6-10 years; 
 munitions (more than 100 rounds):  2-5 years; 
 munitions (more than 500 rounds):  6-8 years; 
 munitions (more than 1000 rounds):  7-10 years. 
 
Illegal Exportation Of: 
 defensive or sporting firearms:  3-6 years; 
 offensive firearms, WMD, explosives, etc.:  6-10 years; 
 munitions (for defensive or sporting firearms):  6-10 years; 
 munitions (for offensive firearms or other weapons):  11-15 
years. 
 
Illegal Sale Of: 
 firearms:  5-8 years; 
 munitions (for defensive or sporting firearms):  3-5 years; 
 munitions (for offensive firearms):  5-8 years; 
 explosives:  10-15 years. 
 
Illegal Manufacture Of: 
 defensive or sporting firearms:  6-8 years; 
 offensive firearms:  10-15 years; 
 munitions (for defensive or sporting firearms):  1-2 years; 
 munitions (for offensive firearms):  3-5 years. 
 
Illegal Possession Of: 
 ammunition reloading machines:  2-6 years; 
 materials for manufacture or reloading of munitions:  2-6 
years; 
 offensive firearms, explosives, WMD, booby traps, or 
experimental arms:  10-15 years; 
 firearms with altered or missing serial numbers:  3-6 years; 
 munitions for offensive firearms or that are armor-piercing, 
explosive, incendiary, or  poisonous:  6-10 years; 
 five or more defensive or sporting firearms:  6-8 years. 
 
Illegal Transport Of: 
 defensive or sporting firearms:  2-6 years; 
 offensive firearms, explosives, WMD, booby traps, or 
experimental arms:  8-10 years; 
 munitions (500 or more rounds) for defensive or sporting 
firearms: 1-3 years; 
 munitions for offensive firearms:  1-3 years. 
 
-------------------------------------------- 
CIFTA Provisions and the Arms Bill 
-------------------------------------------- 
 
6.  (SBU) The GOG's Disarmament Committee has been focused on 
compliance with the UN Small Arms Plan of Action, not CIFTA. 
As such, the comments by the Disarmament Committee that were 
passed to the Guatemalan Congress dealt with the UN plan 
rather than CIFTA.  The President of the Congressional 
Committee responsible for the bill told us that the comments 
arrived too late to be incorporated into his revision of the 
bill.  Certain CIFTA provisions are addressed by the bill in 
the following manner: 
 
CIFTA Article VI, Marking of Firearms:  the bill requires 
marking of firearms by the manufacturer, but does not require 
marking by importers, nor marking upon confiscation. 
 
Article VII, Confiscation or Forfeiture:  the bill allows for 
auction of confiscated firearms that are not retained by GOG 
security forces. 
 
Article IX, Export, Import, Transit Licenses or 
Authorization:  Export and import of arms and munitions 
require the authorization of DIGECAM.  (Importation of 250 
rounds or less of ammunition for defensive firearms, or 500 
or less rounds for sporting firearms, are exempt from 
authorization provided that the firearm is legally 
registered.)  All transit of arms and munitions through 
Guatemala is banned.  The bill makes no distinction between 
importation by individuals for personal use and commercial 
importers.  Licensing requirements are not extensive and the 
bill does not address the issue of end-user certificates. 
Offensive firearms can only be imported on an individual 
basis, with the prior approval of the Ministry of Government 
for the possession and/or carry of the particular weapon. 
 
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NGO Complaints 
--------------------- 
 
7.  (SBU) NGOs advocating gun control have strongly objected 
to a deletion of the bill's prohibition, as originally 
drafted, on the private possession and carry of offensive 
weapons.  Current bill language allows for the possession of 
such weapons when justified to, and approved by, the Ministry 
of Government.  Persons wishing to carry offensive weapons 
must obtain similar permission, in addition to the standard 
requirements to obtain a license to carry a firearm.  Critics 
point to the Peace Accord language that committed the GOG to 
restrict the owning and carry of weapons, and argue that such 
weapons should only be permitted for the police and military. 
 The Guatemalan Constitution's Article 38 affirms the right 
to possess and carry firearms, however.  In both public and 
private comments, some NGO activists have insinuated that the 
bill revisions are due to an alleged conspiracy to facilitate 
arms trafficking by organized crime groups. 
 
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Comment 
----------- 
 
8.  (SBU) While this bill does not comply with some of the 
provisions of CIFTA, we do not believe that it will weaken 
any efforts to prevent, combat, and eradicate the illicit 
manufacturing and trafficking in firearms and munitions.  Nor 
will this bill likely have much impact on the precarious 
security situation in Guatemala.  The bill's principal focus 
is on registered firearms, which are greatly outnumbered by 
illegal firearms, and a dysfunctional criminal justice system 
is ill-equipped to investigate, prosecute, and judge 
violations of existing law.  Numerous media reports have 
demonstrated that the GOG is not prosecuting cases of illegal 
possession of firearms, the most recent case being the 
release from custody - on grounds of lack of evidence - of 
several presumed Mexican narcotics trafficking hired guns 
(known as "Zetas") who were arrested in Western Guatemala for 
possession of unregistered AK-47 rifles. 
DERHAM