Guatemala

Compiled from the January 2008 Background Note and supplemented with additional information from the State Department and the editors of this volume. See the introduction to this set for explanatory notes.

Official Name:

Republic of Guatemala

PROFILE

Geography

Area: 108,890 sq. km. (42,042 sq.mi.); about the size of Tennessee.

Cities: Capital—Guatemala City (metro area pop. 2.5 million). Other major cities—Quetzaltenango, Escuintla.

Terrain: Mountainous, with fertile coastal plain.

Climate: Temperate in highlands;tropical on coasts.

People

Nationality: Noun and adjective—Guatemalan(s).

Population: (2007 est.) 13.3 million.

Annual population growth rate: (2006 est.) 2.4%.

Ethnic groups: Mestizo (mixed Spanish-Indian), indigenous.

Religions: Roman Catholic, Protestant, traditional Mayan.

Languages: Spanish, 24 indigenous languages (principally Kiche, Kaqchikel, Q’eqchi, and Mam).

Education: Years compulsory—6. Attendance—41%. Literacy—70.6%.

Health: Infant mortality rate (2005)—32/1,000. Life expectancy (2005)—69 yrs.

Work force: Services—40%; industry and commerce—37%; agriculture—15%; construction, mining, utilities—4%. Fifty percent of the population engages in some form of agriculture, often at the subsistence level outside the monetized economy.

Government

Type: Constitutional democratic republic.

Constitution: May 1985; amended November 1993.

Independence: September 15, 1821.

Government branches: Executive—president (4-year term; 1 term limit). Legislative—unicameral 158-member Congress (4-year term). Judicial—13-member Supreme Court of Justice (5-year term).

Political subdivisions: 22 departments (appointed governors); 331 municipalities with elected mayors and city councils.

Political parties: National Union for Hope (UNE), Grand National Alliance (GANA), Patriot Party (PP), Guatemalan Republican Front (FRG), National Advancement Party (PAN), Unionists (Unionistas), Encounter for Guatemala (EG).

Suffrage: Universal for adults 18 and over who are not serving on active duty with the armed forces or police. A variety of procedural obstacles have historically reduced participation by poor, rural, and indigenous people, but implementation in 2007 of voting reform legislation nearly doubled the number of voting tables, resulting in higher participation in rural areas, including among indigenous people.

Economy

Real GDP: (2007 est.) $24.13 billion.

Real GDP growth: (2007 est.) 5.7%.

Per capita GDP PPP: (2006) $4,317.

Natural resources: Oil, timber, nickel, gold.

Agriculture: (13.3% of GDP) Products—coffee, sugar, bananas, cardamom, vegetables, flowers and plants, timber, rice, rubber.

Manufacturing: (18% of GDP) Types—prepared food, clothing and textiles, construction materials, tires, pharmaceuticals.

Trade: (2006 est.) Exports—$6.0 billion: coffee, bananas, sugar, crude oil, chemical products, clothing and textiles, vegetables. Major markets-U.S. 46.2%, Central American Common Market (CACM) 27.2%, Mexico 5.9%. Imports—$11.9 billion: machinery and equipment, fuels, mineral products, chemical products, vehicles and transport materials, plastic materials and products. Major suppliers—U.S. 34.5%, CACM 9.7%, Mexico 7.9%, Japan 2.7%, Germany 1.7%.

PEOPLE

More than half of Guatemalans are descendants of indigenous Mayan peoples. Westernized Mayans and mestizos (mixed European and indigenous ancestry) are known as Ladinos. Most of Guatemala's population is rural, though urbanization is accelerating. The predominant religion is Roman Catholicism, into which many indigenous Guatemalans have incorporated traditional forms of worship. Protestantism and traditional Mayan religions are practiced by an estimated 40% and 1% of the population, respectively. Though the official language is Spanish, it is not universally understood among the indigenous population. The peace accords signed in December 1996 provide for the translation of some official documents and voting materials into several indigenous languages.

HISTORY

The Mayan civilization flourished throughout much of Guatemala and the surrounding region long before the Spanish arrived, but it was already in decline when the Mayans were defeated by Pedro de Alvarado in 1523-24. The first colonial capital, Ciudad Vieja, was ruined by floods and an earthquake in 1542. Survivors founded Antigua, the second capital, in 1543. Antigua was destroyed by two earthquakes in 1773. The remnants of its Spanish colonial architecture have been preserved as a national monument. The third capital, Guatemala City, was founded in 1776.

Guatemala gained independence from Spain on September 15, 1821; it briefly became part of the Mexican Empire, and then for a period belonged to a federation called the United Provinces of Central America. From the mid-19th century until the mid-1980s, the country passed through a series of dictatorships, insurgencies (particularly beginning in the 1960s), coups, and stretches of military rule with only occasional periods of representative government.

1944 to 1986

In 1944, Gen. Jorge Ubico's dictatorship was overthrown by the “October Revolutionaries,” a group of dissident military officers, students, and liberal professionals. A civilian President, Juan Jose Arevalo, was elected in 1945 and held the presidency until 1951. Social reforms initiated by Arevalo were continued by his successor, Col. Jacobo Arbenz. Arbenz permitted the communist Guatemalan Labor Party to gain legal status in 1952. The army refused to defend the Arbenz government when a U.S.-backed group led by Col. Carlos Castillo Armas invaded the country from Honduras in 1954 and quickly took over the government. Gen. Miguel Ydigoras Fuentes took power in 1958 following the murder of Colonel Castillo Armas.

In response to the increasingly autocratic rule of Ydigoras Fuentes, a group of junior military officers revolted in 1960. When they failed, several went into hiding and established close ties with Cuba. This group became the nucleus of the forces that were in armed insurrection against the government for the next 36 years. Four principal leftwing guerrilla groups—the Guerrilla Army of the Poor (EGP), the Revolutionary Organization of Armed People (ORPA), the Rebel Armed Forces (FAR), and the Guatemalan Labor Party (PGT)—conducted economic sabotage and targeted government installations and members of government security forces in armed attacks. These organizations combined to form the Guatemalan National Revolutionary Unity (URNG) in 1982.

Shortly after President Julio Cesar Mendez Montenegro took office in 1966, the army launched a major counterinsurgency campaign that largely broke up the guerrilla movement in the countryside. The guerrillas then concentrated their attacks in Guatemala City, where they assassinated many leading figures, including U.S. Ambassador John Gordon Mein in 1968. Between 1966 and 1982, there was a series of military or military-dominated governments.

On March 23, 1982, army troops commanded by junior officers staged a coup to prevent the assumption of power by Gen. Angel Anibal Guevara, the hand-picked candidate of outgoing President and Gen. Romeo Lucas Garcia. They denounced Guevara's electoral victory as fraudulent. The coup leaders asked retired Gen. Efrain Rios Montt to negotiate the departure of Lucas and Guevara.

Rios Montt was at this time a lay pastor in the evangelical protestant “Church of the Word.” He formed a three-member military junta that annulled the 1965 constitution, dissolved Congress, suspended political parties, and canceled the electoral law. After a few months, Rios Montt dismissed his junta colleagues and assumed the de facto title of “President of the Republic.”

Guerrilla forces and their leftist allies denounced Rios Montt. Rios Montt sought to defeat the guerrillas with military actions and economic reforms; in his words, “rifles and beans.” The government began to form local civilian defense patrols (PACs). Participation was in theory voluntary, but in reality, many Guatemalans, especially in the heavily indigenous northwest, had no choice but to join either the PACs or the guerrillas. Rios Montt's conscript army and PACs recaptured essentially all guerrilla territory—guerrilla activity lessened and was largely limited to hit-and-run operations. However, Rios Montt won this partial victory at an enormous cost in civilian deaths, in what was probably the most violent period of the 36-year internal conflict, resulting in about 200,000 deaths of mostly unarmed indigenous civilians.

On August 8, 1983, Rios Montt was deposed by his own Minister of Defense, Gen. Oscar Humberto Mejia Victores, who succeeded him as de facto President of Guatemala. Rios Montt survived to found a political party (the Guatemalan Republic Front) and to be elected President of Congress in 1995 and 2000. Awareness in the United States of the conflict in Guatemala, and its ethnic dimension, increased with the 1983

publication of the book I, Rigoberta Menchu, An Indian Woman in Guatemala.

General Mejia allowed a managed return to democracy in Guatemala, starting with a July 1, 1984 election for a Constituent Assembly to draft a democratic constitution. On May 30, 1985, after 9 months of debate, the Constituent Assembly finished drafting a new constitution, which took effect immediately. Vinicio Cerezo, a civilian politician and the presidential candidate of the Christian Democracy Party, won the first election held under the new constitution with almost 70% of the vote, and took office on January 14, 1986.

1986 to 2007

Upon its inauguration in January 1986, President Cerezo's civilian government announced that its top priorities would be to end the political violence and establish the rule of law. Reforms included new laws of habeas corpus and amparo (court-ordered protection), the creation of a legislative human rights committee, and the establishment in 1987 of the Office of Human Rights Ombudsman. Cerezo survived coup attempts in 1988 and 1989, and the final 2 years of Cerezo's government were also marked by a failing economy, strikes, protest marches, and allegations of widespread corruption.

Presidential and congressional elections were held on November 11,1990. After a runoff ballot, Jorge Serrano was inaugurated on January 14,1991, thus completing the first transition from one democratically elected civilian government to another.

The Serrano administration's record was mixed. It had some success in consolidating civilian control over the army, replacing a number of senior officers and persuading the military to participate in peace talks with the URNG. Serrano took the politically unpopular step of recognizing the sovereignty of Belize. The Serrano government reversed the economic slide it inherited, reducing inflation and boosting real growth.

On May 25, 1993, Serrano illegally dissolved Congress and the Supreme Court and tried to restrict civil freedoms, allegedly to fight corruption. The “autogolpe” (or self-initiated coup) failed due to unified, strong protests by most elements of Guatemalan society, international pressure, and the army's enforcement of the decisions of the Court of Constitutionality, which ruled against the attempted takeover. Serrano fled the country.

On June 5, 1993, the Congress, pursuant to the 1985 constitution, elected the Human Rights Ombudsman, Ramiro De Leon Carpio, to complete Serrano's presidential term. De Leon, not a member of any political party and lacking a political base but with strong popular support, launched an ambitious anticorruption campaign to “purify” Congress and the Supreme Court, demanding the resignations of all members of the two bodies.

Despite considerable congressional resistance, presidential and popular pressure led to a November 1993 agreement brokered by the Catholic Church between the administration and Congress. This package of constitutional reforms was approved by popular referendum on January 30, 1994. In August 1994, a new Congress was elected to complete the unexpired term.

Under De Leon, the peace process, now brokered by the United Nations, took on new life. The government and the URNG signed agreements on human rights (March 1994), resettlement of displaced persons (June 1994), historical clarification (June 1994), and indigenous rights (March 1995). They also made significant progress on a socioeconomic and agrarian agreement. National elections for president, the Congress, and municipal offices were held in November 1995. With almost 20 parties competing in the first round, the presidential election came down to a January 7, 1996 runoff in which National Advancement Party (PAN) candidate Alvaro Arzu defeated Alfonso Portillo of the Guatemalan Republican Front (FRG) by just over 2% of the vote. Under the Arzu administration, peace negotiations were concluded, and the government signed peace accords ending the 36-year internal conflict in December 1996. The human rights situation also improved during Arzu's tenure, and steps were taken to reduce the influence of the military in national affairs.

In a December 1999 presidential runoff, Alfonso Portillo (FRG) won 68% of the vote to 32% for Oscar Berger (PAN). Portillo's impressive electoral triumph, with two-thirds of the vote in the second round, gave him a claim to a mandate from the people to carry out his reform program.

Oscar Berger of the Grand National Alliance (GANA) party won the November 9, 2003 presidential election, receiving 54.1% of the vote. His opponent, Alvarado Colom Caballeros of the National Unity for Hope (UNE) party, received 45.9% of the vote.

Alvaro Colom of the National Unity for Hope (UNE) party won the November 4, 2007 presidential election against retired General Otto Perez Molina with 52.8% of the vote versus 47.2%.

GOVERNMENT

Guatemala's 1985 constitution provides for a separation of powers among the executive, legislative, and judicial branches of government. The 1993 constitutional reforms included an increase in the number of Supreme Court justices from 9 to 13. The reforms reduced the terms of office for president, vice president, and congressional representatives from 5 years to 4 years, and for Supreme Court justices from 6 years to 5 years; they increased the terms of mayors and city councils from 2-1/2 years to 4 years.

The president and vice president are directly elected through universal suffrage and limited to one term. A vice president can run for president after 4 years out of office. Supreme Court justices are elected by the Congress from a list submitted by the bar association, law school deans, a university rector, and appellate judges. The Supreme Court and local courts handle civil and criminal cases. There also is a separate Constitutional Court.

Guatemala has 22 administrative subdivisions (departments) administered by governors appointed by the president. Guatemala City and 331 other municipalities are governed by popularly elected mayors or councils.

Principal Government Officials

Last Updated: 2/1/2008

Pres.: Oscar BERGER Perdomo

Vice Pres.: Eduardo STEIN Barillas

Min. of Agriculture: Bernardo de Jesus LOPEZ Figueroa

Min. of Communication & Public Works: Francisco UNDA

Min. of Culture & Sports: Manuel SALAZAR Tezaguic

Min. of Defense: Ronaldo Cecilio LEIVA Rodriguez, Maj. Gen.

Min. of Economy: Luis Oscar ESTRADA

Min. of Education: Maria ACENA del Carmen

Min. of Energy & Mines: Carmen URIZAR

Min. of Environment & Natural Resources: Juan Mario DARY Fuentes

Min. of External Relations: Gert ROSENTHAL Koenigsberger

Min. of Finance: Mefi Eliud RODRIGUEZ Garcia

Min. of Government: Adela Camacho Sinibaldi de TORREBIARTE

Min. of Labor: Rodolfo COLMENARES Arandi

Min. of Public Health & Social Assistance: Alfredo PRIVADO

Attorney Gen.: Juan Luis FLORIDO

Solicitor Gen.: Luis Alfonso ROSALES

Sec. Gen. of the Presidency: Jorge Raul ARROYAVE Reyes

Pres., Bank of Guatemala: Maria Antonieta del Cid de BONILLA

Ambassador to the US: Guillermo CASTILLO

Permanent Representative to the UN, New York: Jorge SKINNER-KLEE Arenales

The Guatemalan embassy is located at 2220 R Street, NW, Washington, DC 20008 (tel. 202-745-4952; email: [email protected]). Consulates are in Washington, New York, Miami, Chicago, Houston, San Francisco, Denver, and Los Angeles, and honorary consuls in Montgomery, San Diego, Ft. Lauderdale, Atlanta, Leavenworth, Lafayette, New Orleans, Minneapolis, Philadelphia, Pittsburgh, San Juan, Providence, Memphis, San Antonio, and Seattle.

POLITICAL CONDITIONS

Congressional, municipal, and first-round presidential elections took place on September 9, 2007. The final round of presidential elections took place on November 4, 2007. Inauguration for the new president and the new Congress took place on January 14, 2008.

Common and violent crime, aggravated by a legacy of violence and vigilante justice, presents a serious challenge. Impunity remained a major problem, primarily because democratic institutions, including those responsible for the administration of justice, have developed only limited capacity to cope with this legacy. Guatemala's judiciary is independent; however, it suffers from inefficiency, corruption, and intimidation. In early December 2006, the government and the UN agreed to the creation of the joint International Commission Against Impunity in Guatemala (CICIG). On August 1, 2007, the Guatemalan Congress approved the agreement, and on January 11, 2008, Guatemala and the United Nations inaugurated the work of CICIG. An earlier Guatemala-UN agreement was ruled unconstitutional in 2004 before it was acted upon by the Guatemalan Congress. The UN Verification Mission in Guatemala (MINUGUA) ceased its 10-year project of monitoring peace accord implementation and human rights problems in November 2004 with UN Secretary General Kofi Annan declaring Guatemala had made “enormous progress in managing the country's problems through dialogue and institutions.”

ECONOMY

After the signing of the final peace accord in December 1996, Guatemala was well-positioned for rapid economic growth over the next several years, until a financial crisis in 1998 disrupted the course of improvement. The subsequent collapse of coffee prices left what was once the country's leading export sector in depression and had a severe impact on rural incomes. On a more positive note, Guatemala's macroeconomic management is sound and its foreign debt levels are modest. The Berger administration (2004-2007) made promotion of foreign investment and competitiveness a priority and implemented a series of reforms to improve transparency, combat corruption, and spur economic growth. As a result of the reforms and implementation of the U.S.Central America Free Trade Agreement (CAFTA), foreign direct investment (FDI) inflows increased from $353 million in 2006 to $535 million in 2007.

Guatemala's economy is dominated by the private sector, which generates about 85% of GDP. Agriculture contributes 13.3% of GDP and accounts for 75% of exports. Most manufacturing is light assembly and food processing, geared to the domestic, U.S., and Central American markets. Over the past several years, tourism and exports of textiles, apparel, and nontraditional agricultural products such as winter vegetables, fruit, and cut flowers have boomed, while more traditional exports such as sugar, bananas, and coffee continue to represent a large share of the export market.

The United States is the country's largest trading partner, providing 34.5% of Guatemala's imports and receiving 46.2% of its exports. The government's involvement is small, with its business activities limited to public utilities—some of which have been privatized—ports and airports, and several development-oriented financial institutions.

Guatemala ratified the U.S.-Central America Free Trade Agreement, commonly known as CAFTA, on March 10, 2005, and the agreement entered into force between Guatemala and the U.S. on July 1, 2006. CAFTA eliminates customs tariffs on as many categories of goods as possible; opens services sectors; and creates clear and readily enforceable rules in areas such as investment, government procurement, intellectual property protection, customs procedures, electronic commerce, the use of sanitary and phyto-sanitary measures to protect public health, and resolution of business disputes.

Other priorities include increasing transparency and accountability in Guatemala's public finances, broadening the tax base, and completing implementation of financial sector reforms. These measures attempt to ensure that Guatemala can comply with the standards of the international Financial Action Task Force for detecting and preventing money laundering.

The United States, along with other donor countries—especially France, Italy, Spain, Germany, and Japan—and the international financial institutions, have increased development project financing since the signing of the peace accords. However, donor support remains contingent upon Guatemalan Government reforms and counterpart financing.

According to the World Bank, Guatemala has one of the most unequal income distributions in the hemisphere. The wealthiest 10% of the population receives almost one-half of all income; the top 20% receives two-thirds of all income. As a result, about 32% of the population lives on less than $2 a day and 13.5% on less than $1 a day. Guatemala's social development indicators, such as infant mortality and illiteracy, are among the worst in the hemisphere. Chronic malnutrition among the rural poor worsened with the onset of the crisis in coffee prices. The United States has provided disaster assistance and food aid in response to natural disasters including Hurricane Stan, which caused extensive mudslides in Guatemala in October 2005.

NATIONAL SECURITY

Guatemala is a signatory to the Rio Pact and is a member of the Conference of Central American Armed Forces (CFAC). Guatemala has deployed its troops to UN peacekeeping operations in Haiti and the Congo and has observers in several other locations. The president is commander in chief. The defense minister is responsible for policy. Day-to-day operations are the responsibility of the military chief of staff and the national defense staff.

An agreement signed in September 1996, which is one of the substantive peace accords, mandated that the mission of the armed forces change to focus exclusively on external threats. However, Presidents Berger, Portillo, and Arzu used a constitutional clause to order the army to temporarily support the police in response to a nationwide wave of violent crime.

The accord calls for a one-third reduction in the army's authorized strength and budget—achieved under President Berger—and for a constitutional amendment to permit the appointment of a civilian Minister of Defense. A constitutional amendment to this end was defeated as part of a May 1999 plebiscite, but discussions on how to achieve this objective continue between the executive and legislative branches. The army has gone beyond its accord-mandated target of reducing its strength to 28,000 troops, and numbered 15,500 troops as of June 2004. Not only was this the most profound transformation of any Central American military in the last 50 years, it also illustrates the effective control the civilian government has over the military. President Berger tasked the Defense Ministry with increasing the professional skills of all soldiers. As part of the army downsizing, the operational structure of 19 military zones and three strategic brigades were recast as several military zones are eliminated and their area of operations absorbed by others. The air force operates three air bases; the navy has two port bases. Additionally, recent steps have been taken to redefine the military's mission—the military doctrine has been rewritten, and there has been an increase in cooperation with civil society to help bring about this reform.

FOREIGN RELATIONS

Guatemala's major diplomatic interests are regional security and, increasingly, regional development and economic integration. Guatemala participates in several regional groups, particularly those related to trade and the environment.

The Council of Central American Ministers of Trade meets on a regular basis to work on regional approaches to trade issues. The council signed a Trade and Investment Framework Agreement (TIFA) with the U.S. in 1998, and was part of the negotiations that led to the creation of CAFTA. Guatemala joined Honduras and El Salvador in signing a free trade agreement with Mexico in 2000, which went into effect the following year. Guatemala also originated the idea for, and is the seat of, the Central American Parliament (PARLACEN). The U.S and Central American countries signed the CON-CAUSA (Conjunto Centroamerica-USA) agreement at the Summit of the Americas in December 1994. CONCAUSA is a cooperative plan of action to promote clean, efficient energy use; conserve the region's biodiversity; strengthen legal and institutional frameworks and compliance mechanisms; and improve and harmonize environmental protection standards.

Guatemala has a long-standing claim to a large portion of Belize; the territorial dispute caused problems with the United Kingdom and later with Belize following its 1981 independence from the U.K. In December 1989, Guatemala sponsored Belize for permanent observer status in the Organization of American States (OAS). In September 1991, Guatemala recognized Belize's independence and established diplomatic ties, while acknowledging that the boundaries remained in dispute. In anticipation of an effort to bring the border dispute to an end in early 1996, the Guatemalan Congress ratified two long-pending international agreements governing frontier issues and maritime rights.

In 2001, Guatemala and Belize agreed to a facilitation process led by the OAS to determine the land and maritime borders separating the two countries. National elections in Guatemala put a temporary halt to progress, but discussions resumed in November 2005. After being named Foreign Minister in early August 2006, Gert Rosenthal reinvigorated discussions with Belize.

U.S.-GUATEMALAN RELATIONS

Relations between the United States and Guatemala traditionally have been close, although at times strained by human rights and civil/military issues. U.S. policy objectives in Guatemala include:

• Supporting the institutionalization of democracy and implementation of the peace accords;
• Encouraging respect for human rights and the rule of law, and implementation of the International Commission Against Impunity in Guatemala (CICIG);
• Supporting broad-based economic growth and sustainable development and maintaining mutually beneficial trade and commercial relations, including ensuring that benefits of CAFTA-DR reach all sectors of the Guatemalan populace;
• Cooperating to combat money laundering, corruption, narcotics trafficking, alien-smuggling, and other transnational crime; and
• Supporting Central American integration through support for resolution of border/territorial disputes.

The United States, as a member of “the Friends of Guatemala,” along with Colombia, Mexico, Spain, Norway, and Venezuela, played an important role in the UN-moderated peace accords, providing public and behind-the-scenes support. The U.S. strongly supports the six substantive and three procedural accords, which, along with the signing of the December 29, 1996 final accord, form the blueprint for profound political, economic, and social change. To that end, the U.S. Government has committed over $500 million to support peace implementation since 1997.

Violent criminal activity continues to be a problem in Guatemala, including murder, rape, and armed assaults against persons of all nationalities. In recent years the number of violent crimes reported by U.S. citizens has steadily increased, though the number of Americans traveling to Guatemala has also increased. Most U.S. assistance to Guatemala is provided through the U.S. Agency for International Development's (USAID) offices for Guatemala. USAID/Guatemala's current program builds on the gains of the peace process that followed the signing of the peace accords in December 1996, as well as on the achievements of its 1997-2004 peace program. The current program works to advance U.S. foreign policy objectives by focusing on Guatemala's potential as Central America's largest economy and trading partner of the United States, but also recognizes the country's lagging social indicators and high rate of poverty. The three areas of focus for USAID/Guate-mala's program are modeled after the Millennium Challenge Account areas—ruling justly, economic freedom, and investing in people, and are as follows:

More responsive, transparent governance, through:

• Strengthened justice; and
• Greater transparency and accountability of governments.

Open, diversified and expanding economies, through:

• Laws, policies, and regulations that promote trade and investment;
• More competitive, market-oriented private enterprises; and
• Broader access to financial markets and services.

Healthier, better educated people, through:

• Increased and improved quality of social sector (health and education) investments; and
• Increased use of quality maternal-child and reproductive health services, particularly in rural areas.

Principal U.S. Embassy Officials

Last Updated: 2/19/2008

GUATEMALA (E) Ave. Reforma 7-01, Zona 10, APO/FPO APO AA 34024, (502) 2326-4000, Fax (502) 2326-4658, INMARSAT Tel 683133345, Workweek: Mon-Thu: 7:30 to 5:00 p.m.; Fri: 7:30 to 12:30, Website: http://guatemala.usembassy.gov.

Other Contact Information

U.S. Department of Commerce
International Trade
Administration
Trade Information Center

14th and Constitution, NW
Washington, DC 20230
Tel: 800-USA-TRADE
Internet: http://trade.gov.

American Chamber of Commerce in Guatemala
5a avenida 5-55 zona 14 Europlaza,
Torre I Nivel 5
01014 Guatemala City, Guatemala
Tel: (502) 2333-3899
Fax: (502) 2368-3536
E-Mail: [email protected]

Caribbean/Latin American Action (C/LAA)
1818 N Street, NW, Suite 310
Washington, DC 20036
Tel.: 202-466-7464

TRAVEL

Consular Information Sheet

October 12, 2007

Country Description: Guatemala has a developing economy, characterized by wide income disparities. Hotels and other tourist facilities in the principal tourist sites most frequented by visitors from the United States are generally good to excellent. A peace accord, signed in 1996, ended a 36-year armed conflict. Violent crime, however, is a serious concern due to endemic poverty, an abundance of weapons, a legacy of societal violence, and dysfunctional law enforcement and judicial systems.

Entry Requirements: A valid U.S. passport is required for all U.S. citizens, regardless of age, to enter Guatemala and to depart Guatemala for return to the U.S. Even if dual nationals are permitted to enter Guatemala on a second nationality passport, U.S. citizens returning to the United States from Guatemala are not allowed to board their flights without a valid U.S. passport. Certificates of Naturalization, birth certificates, driver's licenses, and photocopies are not accepted by Guatemalan authorities as alternative travel documents. While in Guatemala, U.S. citizens should carry their passports, or a photocopy of their passports, with them at all times.

An exit tax must be paid when departing Guatemala by air. The exit tax (currently $30) is generally included in an airline ticket price, but may be charged separately. There is an additional airport security fee (20 Quetzales, approximately $2.50) that all travelers must pay at the airport.

Minors under 18 traveling with a valid U.S. passport need no special permission from their parents to enter or leave Guatemala. U.S. citizens do not need a visa for a stay of 90 days or less (that period can be extended for an additional 180 days upon application to Guatemalan immigration). A U.S. citizen whose passport is lost or stolen in Guatemala must obtain a new passport at the U.S. Embassy as soon as possible and present it, together with a police report of the loss or theft, to the Dirección de Migración (Guatemalan immigration agency), Sub-director de Control Migratorio (Sub-director for Migratory Control), to obtain permission to depart Guatemala. The agency is located in Guatemala City at 6 Avenida 3-11, Zone 4, Guatemala City. Office hours are weekdays from 8:00 a.m. to 4:00 p.m.; telephone 2411-2411. No fee is charged by Guatemalan immigration for this service.

In June 2006, Guatemala entered a “Central America-4 (CA-4) Border Control Agreement” with El Salvador, Honduras, and Nicaragua. Under the terms of the agreement, citizens of the four countries may travel freely across land borders from one of the countries to any of the others without completing entry and exit formalities at Immigration checkpoints. U.S. citizens and other eligible foreign nationals, who legally enter any of the four countries, may similarly travel among the four without obtaining additional visas or tourist entry permits for the other three countries. Immigration officials at the first port of entry determine the length of stay, up to a maximum period of 90 days. Foreign tourists who wish to remain in the region beyond the period initially granted for their visit are required to request a one-time extension of stay from local Immigration authorities in the country where the traveler is physically present, or travel outside the CA-4 countries and reapply for admission to the region. Foreigners “expelled” from any of the four countries are excluded from the entire “CA-4” region. In isolated cases, the lack of clarity in the implementing details of the CA-4 Border Control Agreement has caused temporary inconvenience to travelers.

For further information regarding entry, exit and customs requirements, travelers should contact the Guatemalan Embassy at 2220 R Street NW, Washington, DC 20008; telephone (202) 745-4952, extension 102; fax (202) 745-1908; email at [email protected] or contact the nearest Guatemalan consulate (Chicago, Denver, Houston, Los Angeles, Miami, New York, or San Francisco).

Safety and Security: Violent criminal activity continues to be a problem in Guatemala, including murder, rape, and armed assaults against foreigners. The police force is inexperienced and under-funded, and the judicial system is weak, overworked, and inefficient. Well-armed criminals know there is little chance they will be caught or punished. Traditionally, Guatemala experiences increases in crime before and during the Christmas and Easter holiday seasons.

Large demonstrations occur throughout Guatemala, often with little or no notice, and can cause serious traffic disruptions. Although most demonstrations are peaceful, they can turn violent, and travelers should avoid areas where demonstrations are taking place. The use of roadblocks and/ or blocking of public facilities, including the international airport, has increased and demonstrators may prevent tourists caught behind the blockades from leaving. In 2007 particularly virulent rumors of child stealing and of murder for organ harvesting have been reported in several different areas of Guatemala frequented by American tourists. This year numerous Guatemalan citizens have been lynched for suspicion of child stealing, and three local women who allegedly facilitated foreign adoptions were attacked by a mob that accused them of kidnapping and killing a girl whose mutilated remains were found near Camotan, Chiquimula (near the Honduran border on the main road leading to the Copan Mayan ruins). In reaction to unconfirmed reports of babies being kidnapped in the El Golfete area of the Rio Dulce (near Livingston, Iza-bal), residents of small villages in the area remain mobilized and suspicious of all outsiders, including foreigners.

Also in 2007, two foreigners (including an American citizen) and a Guatemalan kayaking on a river near Chicaman, Quiche were accused of stealing children and seized by a mob estimated at 500 persons. Although threatened, the individuals were not physically attacked. The incident occurred after the group talked and joked with a local boy on the river bank. In Sayaxche, Petén, child stealing rumors escalated into mob action against a Guatemalan couple believed to be involved in child stealing. The husband was beaten and burned to death, and the wife threatened, but eventually turned over to the police. A local American resident was also seized and threatened with death when he tried to intervene with the mob. A family of American tourists, along with several Guatemalan motorists, was held overnight at a road blockade in the same area for possible use as human shields. Mobs have also targeted police, resulting in delayed or ineffective responses by law enforcement.

Due to uncontrolled drug and alien smuggling, the Guatemalan border with Mexico is a relatively high-risk area, in particular in the northern Peten Department. The most dangerous area in that region is on the northwestern border in the area that includes the Sierra de Lacandon and Laguna del Tigre National Parks. Extra precautions are required when U.S. Government personnel travel to the region.

The following recommendations will help residents and visitors alike to increase their safety:

• Avoid gatherings of agitated people. Frustration over crime and a lack of appropriate judicial remedies has led to violent incidents of vigilantism, including lynchings, especially in more isolated, rural areas. Attempting to intervene may put you at risk of attacks from mobs.
• Avoid close contact with children, including taking photographs, especially in rural areas. Such contact can be viewed with deep alarm and may provoke panic and violence.
• Keep informed of possible demonstrations by following the local news and consulting hotel personnel and tour guides. Avoid areas where demonstrations are occurring.
• Beware of strong currents, riptides, and undertow along Guatemala's Pacific Coast beaches. They pose a serious threat to even the strongest swimmers. Signs warning of treacherous surf are rare and confined mostly to private beaches owned by hotels. Lifeguards are rarely present on beaches.

Tourists planning to climb Pacaya and Agua volcanoes during Guatemala's rainy season (May through October) should plan their climb for the morning hours, when it is less likely that thunderstorms will occur. Climbers should monitor the weather situation and return to the base of the volcano as quickly as safely possible if thunderstorms gather. In 2003, a Canadian tourist was killed by lightning while climbing Pacaya. INGUAT, the Guatemalan Tourist Institute, has organized an active community-based tourism program in San Vicente Pacaya to minimize the risk of armed robbery on Pacaya. Climbing in groups is still highly advisable for any volcano climb to reduce the risk of assault.

Security escorts for tourist groups and security information are available from the Tourist Assistance Office of INGUAT (the Guatemalan Tourist Institute) at 7a Avenida 1-17, Zona 4 Centro Civico, Ciudad de Guatemala. INGUAT's ASISTUR division has 24 hour/seven days per week direct telephone numbers for tourist assistance and emergencies, which are (502) 2421-2810 and (502) 5578-9836 and the fax is (502) 2421-2891. ASISTUR also maintains regional offices in all major tourist destinations in Guatemala, and the regional delegates provide rapid and appropriate assistance to crime and accident victims. INGUAT may be reached by its toll free number within the United States at 1-888-464-8281. You may also simply dial 1500 in Guatemala to reach INGUAT Tourist Assistance. The e-mail address is asistur@ inguat.gob.gt. Travelers may also wish to visit INGUAT's web site at http://visitguatemala.com. Tourist groups are advised to request security escorts from INGUAT, Attention: Coordinator of the National Tourist Assistance Program. There have been no incidents of armed robbery of groups escorted through the Tourist Protection Program. The request should be submitted by mail, fax or email and should arrive at INGUAT at least three business days in advance of the proposed travel, giving the itinerary, names of travelers, and model and color of vehicle in which they will be traveling. Travelers should be aware that INGUAT might not be able to accommodate all requests.

For the latest security information, Americans traveling abroad should regularly monitor the Department of State, Bureau of Consular Affair's Internet site at http://travel.state.gov, where the current Travel Warnings and Travel Alerts, including the Worldwide Caution Travel Alert, can be found. Up-to-date information on safety and security can also be obtained by calling 1-888-407-4747 toll free in the U.S., or for callers outside the U.S. and Canada, a regular toll-line at 1-202-501-4444.

Crime: The number of violent crimes reported by U.S. citizens and other foreigners has remained high in recent years. Incidents include, but are not limited to, assault, theft, armed robbery, carjacking, rape, kidnapping, and murder. Criminals often operate in groups of four or more and are confrontational and violent. Gangs are a growing concern in Guatemala City and rural Guatemala. Gang members are often well armed with sophisticated weaponry and they sometimes use massive amounts of force. Emboldened armed robbers have attacked vehicles on main roads in broad daylight. Travel on rural roads always increases the risk of a criminal roadblock or ambush. Widespread narcotics and alien smuggling activities can make remote areas especially dangerous. Though there is no evidence that Americans are particularly targeted, criminals look for every opportunity to attack, so all travelers should remain constantly vigilant.

Most tourists and visitors travel throughout Guatemala without mishap. However, violent criminal activity on the highways continues, and tourists, among others, have been targeted. Many of the robbery attempts have occurred in daylight hours on main highways. Carjacking incidents and highway robberies are often violent. Four Americans were killed in highway robbery attempts in 2002 and three killed and one wounded in 2003. In 2004 one American tourist was murdered, and women and children were raped in highway assaults. Several highway assaults of American citizens also took place in 2005, but without serious injury to the victims. In 2006, there were 19 incidents of assault against Americans in motor vehicles reported to the Embassy, none of which involved death or injury. In nine of these incidents, the victims were arriving at Guatemala City's airport.

In 2007 there has been an increasing number of carjacking incidents and armed robberies of travelers who have just arrived on international flights, most frequently between 6:00 a.m and 10:00 am, but also in the evening. In the most common scenario tourists or business travelers who land at the airport around 7:00 am are held up by armed men as their vehicle departs the airport. Private vehicles, taxis and shuttle buses have been attacked. Typically, the assailants steal money, passports, and luggage, and in some but not all cases, the assailants steal the vehicle as well. Recently, many of these attacks have taken place far from the airport, just as travelers arrived at their homes, or in less busy areas of the city. Laptops are frequently targeted, so carry them inconspicuously in a backpack or other carryon luggage. Victims who did not resist the attackers were not physically injured. The Embassy advises its own employees to seek alternative routes for exiting the airport.

In some cases, assailants have been wearing full or partial police uniforms and have used vehicles that resemble police vehicles, indicating that some elements of the police might be involved. Armed robberies have occurred within minutes of the tourist's vehicle being stopped by the police. U.S. Embassy personnel continue to observe heightened security precautions in Guatemala City and on the roads outside the capital city. U.S. tourists are urged to be especially aware of safety and security concerns when traveling on the roads in Guatemala. Rather than traveling alone, use a reputable tour organization. Stay in groups; travel in a caravan consisting of two or more vehicles; and, stay on the main roads. Ensure that someone not traveling with you is aware of your itinerary. Resist the temptation to stay in hotels that do not have adequate security. Travel after dark anywhere in Guatemala is extremely dangerous. It is preferable to stay in the main tourist destinations. Do not explore back roads or isolated paths near tourist sites. Pay close attention to your surroundings, especially when walking or when driving in Guatemala City. Refrain from displaying expensive-looking jewelry, large amounts of money, laptop computers, or other valuable items. Finally, if confronted by criminals, be aware that resistance may provoke a more violent response.

Avoid low-priced intra-and inter-city buses (recycled U.S. school buses); they are often attacked by armed robbers and are poorly maintained and dangerously driven. More than 100 bus drivers and passengers died in 2006 in robberies staged by holdup gangs that target public transportation, both urban and inter-city. The use of modern inter-city buses some-what improves security and safety. There have been, however, several attacks on travelers on first-class buses on highway CA-2 near the border areas with both Mexico and El Salvador and on highways CA-1 and CA-9 near the El Salvador border and in the highlands between Quetzalt-enango and Sololá. Be cautious with personal items such as backpacks, fanny packs, and passports while riding buses, because tourists’ possessions are a favorite target of thieves.

Foreign residents of Guatemala have special concerns. Since December 1999, when the Government of Guatemala appointed a Special Prosecutor to investigate all American citizen murders, twenty-four American citizen residents and six American citizen tourists have been murdered, and suspects have been convicted in only two cases. There have been “express” kidnappings in recent years, primarily in Guatemala City, in which a relatively small ransom that can be quickly gathered is demanded. U.S. citizens have been kidnapped in recent years. At least one incident of a random kidnapping, in which the victim was grabbed off the street in an affluent neighborhood of the city, occurred in December 2003 and resulted in a physical and sexual assault.

Pickpockets and purse-snatchers are active in all major cities and tourist sites, especially the central market and other parts of Zone 1 in Guatemala City and the city of Antigua. In a common scenario, an accomplice distracts the victim, while an assailant slashes or simply steals a bag or backpack while the victim's attention is diverted.

As in other countries, criminals also use a number of scams to steal money and possessions from tourists in Guatemala. In one popular scam, robbers place a nail in a parked vehicle's tire. The vehicle is then followed by the robbers who pose as “good Samaritans” when the tire becomes flat and the victims pull to the side of the road. While “help” is being rendered, the contents of the car are stolen, often without the knowledge of the victims. However, in some cases, the robbers have threatened the tourists with weapons. Parking areas in and around the Guatemala City International Airport are particularly prone to this crime. In another scam, victims are approached in a hotel, restaurant or other public place by an individual claiming there is some sort of problem with his or the would-be victim's automobile in the parking lot. On the way to investigate the “problem,” usually in a remote or concealed area near the parking lot, the robber pulls a gun on the victim demanding cash, credit cards and other valuables. A third popular scam involves various attempts to acquire a victim's ATM card and PIN number. Some sophisticated criminals have even placed boxes outside ATM kiosks that record PIN numbers when unsuspecting victims believe they must enter their PIN number to gain entry to the ATM foyer. After recording PIN numbers, robbers then steal the owner's ATM card to complete their crime. There are dozens of techniques scammers can use to rob victims of money and possessions. While most people mean no harm, always be cautious when strangers approach you for any reason or make unusual requests.

Parents adopting children in Guatemala have also been victimized in public places and at their hotels by police (or individuals dressed as police) who have threatened to arrest foster mothers and turn adoptive children over to orphanages, but released them in exchange for significant payments, often approaching $1000. Such threats have no basis in Guatemalan law, and should be immediately reported to the Embassy.

For security reasons, the Embassy does not allow U.S. government employees to stay in hotels in Zone 1 in Guatemala City and urges private travelers to avoid staying in this area Do not hail taxis on the street in Guatemala City. Use radio-dispatched taxis or taxis from major hotels instead.

The main road to Lake Atitlan via the Inter-American Highway (CA-1) and Solola is safer than the alternatives, though attacks in recent years have made traveling in a caravan highly recommended, even on the Inter-American Highway. Robbery and assault have been frequently reported on secondary roads near the lake with the highest number of incidents occurring on the RN-11 (Las Trampas road) parallel to the east side of the lake. Robbers have used mountain roads advantageously to stop buses, vans and cars in a variety of ways.

Armed attacks have occurred on roads from Guatemala City to the Peten. Visitors to the Mayan ruins at Tikal are urged to fly to nearby Flores and then travel by bus or tour van to the site. Violent attacks have occurred in the Mayan ruins in the Peten, including in the Cerro Cahui Conservation Park, Yaxha, the road to and inside Tikal Park, and in the Tikal ruins. Tourist police (POLI-TUR) patrols inside the park have significantly reduced the violent crime incidents inside the park, but travelers should nevertheless remain in groups and on the principal trails leading to the Central Plaza and the Temple IV complex, and avoid remote areas of the park.

POLITUR (a joint police/Guatemalan Tourism Institute initiative) is present in all major tourist destinations. They should be contacted in case of any criminal incident in such areas, even if minor.

Information for Victims of Crime: The loss or theft abroad of a U.S. passport should be reported immediately to the local police and the nearest U.S. Embassy or Consulate. If you are the victim of a crime while overseas, in addition to reporting to local police, please contact the nearest U.S. Embassy or Consulate for assistance. The Embassy/Consulate staff can, for example, assist you to find appropriate medical care, contact family members or friends and explain how funds could be transferred. Although the investigation and prosecution of the crime is solely the responsibility of local authorities, consular officers can help you to understand the local criminal justice process and to find an attorney if needed.

Medical Facilities and Health Information: A full range of medical care is available in Guatemala City, but medical care outside the city is limited. Guatemala's public hospitals frequently experience serious short-ages of basic medicines and equipment. Care in private hospitals is generally adequate for most common illnesses and injuries, and many of the medical specialists working in them are U.S. trained and certified.

Information on vaccinations and other health precautions, such as safe food and water precautions and insect bite protection, may be obtained from the Centers for Disease Control and Prevention's hotline for international travelers at 1-877-FYI-TRIP (1-877-394-8747) or via the CDC's Internet site at http://www.cdc.gov/travel/default.aspx. For information about outbreaks of infectious diseases abroad consult the World Health Organization's (WHO) web site at http://www.who.int/en. Further health information for travelers is available at http://www.who.int/ith.

Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policy applies overseas and whether it will cover emergency expenses such as a medical evacuation.

Traffic Safety and Road Conditions: While in a foreign country, U.S. citizens may encounter road conditions that differ significantly from those in the United States. The information below concerning Guatemala is provided for general reference only, and may not be totally accurate in a particular location or circumstance. Driving in Guatemala requires one's full attention, and safe drivers must take extraordinary efforts to drive defensively to avoid dangerous situations.

Traffic rules are only casually observed. Many drivers do not use their turn signals to alert other drivers. Instead, a common custom is for a driver or passenger to stick a hand out the window and wave it to indicate that they will be taking an unspecified action. Speed limits, lane markings and stop signs are frequently ignored. Passing blindly on winding and/or steep mountain roads, poorly designed surfaces, and unmarked hazards, including frequent landslides and precarious temporary highway repairs, present additional risks to motorists.

Common public transportation is by local recycled school busses, which serve every town in the country. Criminal activity and frequent fatal accidents, however, make the low-priced inter-city buses particularly dangerous. Modern inter-city buses offer some security from highway violence, but armed attacks are increasing, showing that all buses are vulnerable.

Although city streets are lit, secondary and rural roads have little to no illumination. Driving outside of urban areas at night is dangerous and not recommended. The Inter-American Highway (CA-1) and the road from Guatemala City to the Caribbean coast (CA-9) are especially dangerous due to heavy traffic, including large trucks and trailers. There are no roadside assistance clubs, however a roadside assistance force (PROVIAL) patrols most of the major highways in the country. PROVIAL can be contacted by calling 2422-7878. Their vehicles are equipped with basic tools and first aid supplies, and their services are free. Police patrol the major roadways and may assist travelers, but the patrols are sporadic and may be suspended due to budget restraints. For roadside assistance, travelers may call the police by dialing 120 or the fire department by dialing 122 or 123. Cellular telephone service covers most areas frequented by tourists.

Valid U.S. driver's licenses are accepted for the first 30 days of a visit, and international driving permits are accepted in Guatemala for extended stays. Guatemala's road safety authorities are the Department of Transit and the Joint Operations Center of the National Police. Drivers use the right-hand side of the road in Guatemala, and speed limits are posted (in kilometers) depending on the condition of the road. Speed limits are different in rural and urban areas, but are rarely enforced. Drivers often drive at the absolute maximum speed possible for the particular vehicle at the time. These drivers share the road with slow vehicles, some barely able to manage 20 miles per hour, creating a hazardous mix of velocities. Turning right on red is not permitted unless otherwise posted, and drivers must yield when entering a traffic circle. Seat belts must be worn in Guatemala, but there are no laws regarding the use of child safety seats. It is against the law for drivers to operate cellular phones while driving.

People found driving under the influence of alcohol or other drugs are arrested and may serve jail time. In an accident resulting in injury or death, every driver involved is taken into custody and the vehicle(s) impounded until a judge determines responsibility in a re-enactment of the accident.

Visit the web site of Guatemala's national tourist office and national authority responsible for road safety at http://www.inguat.gob.gt or via e-mail at [email protected] or [email protected].

Aviation Safety Oversight: TheU.S. Federal Aviation Administration (FAA) has assessed the Government of Guatemala's Civil Aviation Authority as being in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for the oversight of Guatemala's air carrier operations. For more information, travelers may visit the FAA's Internet web site at http://www.faa.gov.

Special Circumstances: A major renovation of the international terminal at La Aurora International Airport in Guatemala City is currently under way. Until completion in late 2007 or early 2008, there is a temporary reconfiguration of arrival and departure vehicle traffic and major construction works inside the terminal.

Guatemalan customs authorities may enforce strict regulations concerning temporary importation into or export from Guatemala of items such as antiquities and other cultural property. It is advisable to contact the Embassy of Guatemala in Washington or one of Guatemala's consulates in the United States for specific information regarding customs requirements. In many countries around the world, counterfeit and pirated goods are widely available. Transactions involving such products are illegal and bringing them back to the United States may result in forfeitures and/ or fines. Non-Guatemalan citizens who wish to marry in Guatemala are required to provide proof of identity and civil status (indicating whether they are single or divorced). Prior notice of the marriage must be given in the Diario de Centro America (Guatemala's Official Record) and any large circulation daily newspaper for fifteen days. The marriage must take place within six months of the publication of the notice.

Disaster Preparedness: Guatemala is a geologically active country. Visitors should be aware of the possibility of earthquakes at any time and the need for contingency plans. There are also four active volcanoes. Volcanic activity, such as that of Fuego Volcano near Antigua in January 2003, and again in January 2006, has on occasion forced evacuations of nearby villages; the January-February 2000 activity of Pacaya Volcano near Guatemala City also briefly closed Guatemala City's international airport. Both the Caribbean and Pacific coasts of Guatemala are also vulnerable to hurricanes and tropical storms from June through November. Mudslides and flooding during the May to November rainy season often kill dozens of people and close roads. General information about natural disaster preparedness is available via the Internet from the U.S. Federal Emergency Management Agency (FEMA) at http://www.fema.gov.

Criminal Penalties: While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offences. Persons violating Guatemalan laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Guatemala are severe, and convicted offenders can expect long jail sentences and heavy fines.

Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States.

Children's Issues: For information on international adoption of children and international parental child abduction, see the Office of Children's Issues website at http://travel.state.gov/family.

Registration and Embassy Locations: Americans living or traveling in Guatemala are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department's travel registration web site and to obtain updated information on travel and security within Guatemala. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.

The latest security information is available from the Embassy, including its web site, http://guatemala.usembassy.gov. The Consular Section is open for citizen services, including registration, from 7:30 a.m. to 12:00 noon and 1:00 p.m. to 3:30 p.m. Monday through Thursdays and 7:30 a.m. to 11:30 a.m. Fridays, excluding U.S. and Guatemalan holidays. The second and last Friday of each month are reserved for administrative matters; therefore, routine citizen services are not provided. Emergency services are available at all times. The U.S. Embassy is located in Guatemala City at Avenida La Reforma 7-01, Zone 10; telephone (502) 2-326-4000 during Embassy business hours (8:00 a.m. to 5:00 p.m.), or (502) 2-331-2354 for emergencies during non-business hours; fax (502) 2-332-4353; Internet web site: http://guatemala.usembassy.gov.

International Adoption

September 2007

The information in this section has been edited from a report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Adoption section of this book and review current reports online at http://travel.state.gov/family.

Disclaimer: The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and current understanding.

Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

Alert: The U.S. Embassy in Guatemala has occasionally received reports of Guatemalan police in and around some of the major hotels in Guatemala City attempting to extort money from adopting parents by threatening to take the biological or foster mother and the prospective or adopted child into custody. We know of no legal basis under local Guatemalan law for such actions and encourage all U.S. citizens who encounter similar experiences to report them immediately to their local lawyer and the American Citizens Services section at the U.S. Embassy in Guatemala City. Please read the Guatemala Country Specific Information at: http://travel.state.gov/ for updated information about security and other local conditions.

Please Note: The U.S. Embassy in Guatemala schedules specific immigrant visa appointment dates and times for all adoption cases and issues “Pink Slips” that contain this information. Prospective adoptive parents are urged not to travel to Guatemala until the “Pink Slip” has been issued.

Patterns of Immigration: Please review current reports online at http://travel.state.gov/family.

Adoption Authority: The Social Services Agency Bienestar Social has been named Hague Convention Central Authority for Guatemala. The Guatemalan Solicitor General's Office (Procuradoría General de la Nación, PGN) is also an adoption authority in Guatemala. Adoptions must be finalized through the PGN.

Eligibility Requirements for Adoptive Parents: Under Guatemalan law, prospective adoptive parents may be married or single and must be at least 18 years old. There are no requirements for an age-difference between the prospective adoptive parent and the child. There are also no disqualifying medical ineligibilities.

Residency Requirements: The Government of Guatemala has no residency requirements for prospective adoptive parents.

Time Frame: Based on the results of a survey conducted by the U.S. Embassy in 2005 of prospective adoptive parents, an adoption of a Guatemalan child takes on average 9 and a half months from start to finish. Since the introduction of the requirement for a second DNA test in August, 2007, up to two weeks of additional processing time should be expected.

Adoption Agencies and Attorneys: Since 1977, adoptions are handled as an administrative matter and attorneys and notaries participate in all aspects of the adoption process within Guatemala. The U.S. based adoption agency serves as the adoptive family's agent, and the Guatemalan attorney serves as an agent for the adoptive family's agency. Therefore, prospective adoptive parents should be kept informed of all aspects of the identification, care, and adoption process of their prospective adoptive children by the U.S. based adoption agency or agent. If prospective adoptive parents have hired an agency in the United States to assist in the adoption, the agency is responsible for keeping them informed about their case. Prospective adoptive parents should ask their agency for the name(s) of their attorney(s) and whether anyone in the attorney's office speaks English, etc. The United States Government is not in a position to inquire on individual adoption cases from the Guatemalan authorities.

Some families have worked directly with an attorney in Guatemala instead of an intermediary agency in the United States. Unfortunately, some parents have experienced problems working directly with Guatemalan attorneys, and prospective adoptive parents are encouraged to research their options before selecting an attorney. The best method of finding a competent attorney is to obtain referrals from families who have had satisfactory experiences working with a specific attorney. The U.S. Government cannot assume responsibility for the professional ability or personal integrity of Guatemalan attorneys.

Adoption Fees: The Solicitor General's office (PGN) does not charge any fees for adoptions. Based on the results of a survey of prospective adoptive parents conducted by the U.S. Embassy in 2005, families should expect to pay an average of $27,000 (in a range from $17,300 to $45,000) to adopt a Guatemalan child. According to Guatemalan press reports, some Guatemalan lawyers charge up to $35,000 for each adoption. One lawyer quoted in the local press said that he earns between $15,000 and $20,000 per adoption.

Adoption Procedures: (The following applies to adoption procedures before the Hague Adoption Convention comes into force in Guatemala on January 1, 2008): Intercountry adoptions in Guatemala are currently processed under a “notarial” system. Please see the Warning above about processing intercountry adoptions in Guatemala at this time. In many cases, Guatemalan attorneys personally take physical custody of and propose potential orphans to U.S. adoption service providers, who in turn offer the child or children to their American client prospective adoptive parents. If the prospective adoptive parents accept the referral they receive from their U.S. agency, the prospective adoptive parents must provide the attorney with a “power of attorney” to act on their behalf to complete the adoption.

In most cases the same attorney represents the birth parent(s), the adopting parent(s) and the child(ren) in the Guatemalan government proceedings. When viewed in comparison to normal U.S. legal procedures, this is a conflict of interest, and prospective adoptive parents should take that into consideration when initiating a Guatemalan adoption.

Prospective adoptive parents must receive receipt of “pre-approval” from the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS/USCIS) office in Guatemala before their attorney can submit their dossier to the Guatemalan authorities. After obtaining clearance from a social worker under the supervision of a family court to proceed with a potential adoption case, the attorney submits the case to the Guatemalan Solicitor General's Office (Procuradoría General de la Nación, PGN) for review.

The PGN reviews the adoption case for signs of fraud or irregularities before providing its approval for the adoption to proceed. Once the PGN approves the case, the Guatemalan attorney (the notary) authorizes the adoption deed and registers it at the Civil Registrar where the child's birth was registered. The Guatemalan birth mother needs to provide final approval for the adoption at the time of the adoption deed. Upon registration of the adoption deed with the Civil Registrar, the adoptive parents in the U.S. are legally responsible for their child(ren). Finally, the Guatemalan attorney requests a second birth certificate listing the new adoptive parents as the legal parents of the child based upon the final adoption. Following issuance of the new birth certificate and submission of other documents, the attorney then requests and receives, normally on the same day, the child's Guatemalan passport. With these final documents, the attorney submits the complete case file, including the 1-600 orphan visa petition, to DHS/USCIS in Guatemala.

Required Documents: The Government of Guatemala reviews adoptions on a case-by case basis and will provide information on necessary documents to the U.S. based adoption agency and/or attorney. The Department of State is not in a position to provide a definitive list of requirements at this time.

Embassy of Guatemala:
2220 R Street, N.W.
Washington, DC. 20008
Tel (202) 745-4952
Fax (202) 745-1908
[email protected]

Guatemala also has consulates in Chicago, Denver, Houston, Los Angeles, Miami, New York, and San Francisco.

U.S. Immigration Requirements: Prospective adopting parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions. Please see the International Adoption section of this book for more details and review current reports online at http://travel.state.gov/family.

DHS/USCIS Review Of Birth Mother Information And DNA Testing: Problems occur when U.S. citizens are encouraged to adopt children who do not meet the U.S. immigration definition of “orphan.” In some cases, these children may have been obtained by illegal means, perhaps even stolen. The DHS/USCIS office at the U.S. Embassy requires DNA testing in all cases where an identifiable birth mother is alleged to have released the child, because the use of a false birth mother to release “her child” is one method used to circumvent proper relinquishment procedures. Occasionally DHS/USCIS must also interview and investigate the birth mother. DNA tests must be performed by one of the laboratories in the United States approved by DHS. The Embassy contracts with Guatemalan doctors, referred to as panel physicians, to take the samples necessary for the test. Fees for the DNA analysis differ among the laboratories, but range from approximately $400 to $600. Results are generally available within two weeks. After receiving the results, it can take up to 6 weeks for DHS/USCIS to approve the case. The fee for taking the DNA samples is approximately $140, which includes packaging of the samples and courier shipment to the laboratory in the United States.

Effective August 6, 2007, the U.S. Embassy in Guatemala requires a second DNA test, to verify that the adopted child for whom an immigrant visa is being requested is the same child matched at the beginning of the adoption process with the birth parent.

The Embassy is taking this step in response to concerns about the unregulated adoption process in that country. The Embassy already requires one DNA match between a relinquishing parent and prospective adoptive child as part of the immigrant visa process for Guatemalan children adopted by American citizens. This new procedure applies to adoption cases finalized by Guatemalan authorities and submitted to the Embassy on or after August 6, 2007. If the result of the DNA examination results in a negative match, the case will be terminated immediately.

Before Traveling To Guatemala: Before adoptive parents make airline reservations for themselves or for an escort and the child, they should confirm with their Guatemalan attorney or U.S. adoption agency that the consular section has issued the appointment letter (“Pink Slip”) with a specific immigrant visa interview appointment date and time. They should also confirm that:

• If the paperwork was filed in the United States, that the Consular section has received a notice of approval of the 1-600 petition, and the adoptive parent has all required documents for the interview, including the child's Guatemalan passport and has or can obtain prior to the appointment date the medical exam results.
• If the 1-600 will be filed in Guatemala, that the Consular section has received a notice of approval of the I-600A application, and that the DHS/USCIS office has approved the adoption documents and cleared the adoptive family for the appointment (after review of the Guatemalan adoption paperwork). Prospective adoptive parents should review the list of required documents to ensure that they are available for the visa interview, including the child's Guatemalan passport and has or can obtain prior to the appointment date the medical exam results.

U.S. Embassy
Avenida Reforma 7-01, Zona 10
Guatemala City, Guatemala
Email: [email protected]
Fax at: 011-502-2326-4674
Website:
http://guatemala.usembassy.gov

Additional Information: Specific questions about adoption in Guatemala may be addressed to the U.S. Embassy in Guatemala. General questions regarding intercountry adoption may be addressed to the Office of Children's Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.