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GUATEMALA
LEGAL PROVISION
YES
CREATION OF A CRIMINAL OFFENCE(A.1-C.1)
NO

1
`FORFEITURE A.2.b (i)
DRAFT
IN FORCE
PROPOSED

Law Against Drug Activity (Ley
contra la Narcoactividad), Decree
No. 48/92 of September, 1992,
Arts. 45 and 46 (only addresses
laundering in the context of
proceeds of drug offences)
A draft bill on money
laundering has been presented
to the national congress which
criminalizes money laundering
and related offences and
specifies that these are
“serious crimes”

Provided for in the abovementioned bill on money
laundering
FINANCIAL INFORMATION (sharing of information by competent
authorities (A. 3 .a (i))


Law Against Drug Activity (Ley
contra la Narcoactividad), Decree
No. 48/92 of September, 1992,
Arts. 56, 58 and 63
Provided for in the abovementioned bill on money
laundering
FINANCIAL INFORMATION(authorization of financial institutions
to provide information to authorities on their clients (C.2. a (i ))


Law Against Drug Activity (Ley
contra la Narcoactividad), Decree
No. 48/92 of September, 1992,
Arts. 45 and 58
Provided for in the abovementioned bill on money
laundering
FINANCIAL INFORMATION( information exchange between
courts/ authorities pursuant to international agreements (a.3.b(i)C.2.b (i))
2

With Venezuela
Approval of the Draft Central
American Convention to
Oppose Money Laundering
Offences is under
consideration
Even though the question was replied in the negative, Decree No. 48/92 , “Law Against Drug Activity” provides in article 18 for the
forfeiture (“comiso”) of proceeds of the offence.
1
2
The response was in the affirmative for question A.3. b (i) but negative for question C.2.b (i), although both questions address the
same subject matter.
GUATEMALA
LEGAL PROVISION
YES
FINANCIAL INFORMATION (direct information exchange through
international agreements) ( C.11.))
NO
DRAFT


IN FORCE
Proposed agreements with
Chile and the Draft Central
American Convention to
Oppose Money Laundering
Offences
LEGAL ASSISTANCE, (government authorized to respond to
requests for legal assistance from other governments ) (C.6.))

With Costa Rica, El Salvador,
Honduras, Nicaragua and Panama
LEGAL ASSISTANCE (government authorized to exchange
evidence and information in money laundering
investigations/prosecutions and for asset forfeiture (C.12.))

Plan of Action among the Heads
of Government of Belize, Costa
Rica, El Salvador, Guatemala,
Honduras, Nicaragua, Panama
and Mexico
SHARING OF FORFEITED ASSETS (C.7.)

INVESTIGATIVE TECHNIQUES (C.8.)

FINANCIAL TRANSACTION RECORDS (requirement to keep and
maintain clear and complete records (C.10))
EVALUATION AND RECORD-KEEPING (basis or forum for
evaluating funds transfer systems and, on the basis of the evaluation,
record-keeping measures for f.i.’s and wire transmitters (D.6))
EXTRADITION (C.13.)

PROPOSED

Approval of the draft Central
American Convention to
oppose Money Laundering is
under consideration


Provided for in the abovementioned bill on money
laundering


Provided for in the abovementioned bill on money
laundering
Plan of Action among the Heads
of Government of Belize, Costa
Rica, El Salvador, Guatemala,
Honduras, Nicaragua, Panama
and Mexico
GUATEMALA
LEGAL PROVISION
YES
NO
DRAFT
SUSPICIOUS TRANSACTION REPORTING (D.2.)
3

Provided for in the abovementioned bill on money
laundering
LARGE TRANSACTION RECORDING/REPORTING (D.3.)
4

Provided for in the abovementioned bill on money
laundering
REGULATORY/OVERSIGHT AGENCIES (authority to supervise
and impose administrative sanctions (D.4.))


Provided for in the abovementioned bill on money
laundering
ANALYSIS AND EVALUATION OF ANTI-MONEY
LAUNDERING LAWS AND OF MONEY LAUNDERING
METHODS (D.5.)


Provided for in the abovementioned bill on money
laundering. This could be
included within the functions
of the Division of Financial
Investigation
NATIONAL FORFEITURE FUND (E.2)
CENTER FOR THE COLLECTION, ANALYSIS AND SHARING
OF INFORMATION (related to money laundering (E.3))

IN FORCE
Law Against Drug Activity (Ley
contra la Narcoactividad), Decree
No. 48/92 of September, 1992,
Art. 18


PROPOSED
Provided for in the abovementioned bill on money
laundering
Provided for in the abovementioned bill on money
laundering. This could be
included within the functions
of the Division of Financial
Investigation
3 Regulation of the Monetary Board. Resolution JM-191-2001 of April 25, 2001. Art. 6(f) and Art. 18 requires the agencies to provide documentary information
to the superintendency in a period of no more than 10 days after having detected the suspicious transaction.
4 Regulation of the Monetary Board. Resolution JM-191-2001 of April 25, 2001. Art. 15 provides that a special registry be kept for transactions over $50,000
US in one day.
GUATEMALA
LEGAL PROVISION
YES
TRAINING (E.5)
NO
DRAFT
IN FORCE
PROPOSED
5
5 The regulation to prevent and detect money laundery (resolution of the Superintendency of Banks) provides under Art. 8 that each supervised institution plan
and execute a training program for their personnel. (Resolution JM-191-2001 of April 25, 2001).