Tackling Significant Corruption Abroad

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The Special Economic Measures (Guatemala) Regulations, registered as SOR/2024-23 on February 15, 2024, under the Special Economic Measures Act (SEMA), aim to tackle serious human rights violations and significant corruption in Guatemala. These regulations emerged from concerns expressed by the Canadian government regarding systemic issues within the country, particularly following a troubling electoral process in 2023, where public officials allegedly undermined democracy to retain control over judicial systems and influence election outcomes.

Guatemala has faced ongoing corruption and human rights abuses, particularly affecting justice actors, human rights defenders, and journalists. The termination of the International Commission against Impunity in Guatemala (CICIG) in 2019 marked a significant decline in efforts to combat corruption. Under President Alejandro Giammattei (2020–2024), there were systematic efforts to dismantle anti-corruption initiatives, which included targeting activists, replacing independent judges, and manipulating judicial processes to shield corrupt officials from prosecution. The situation worsened during the 2023 electoral process, where corrupt practices were employed to suppress the candidacy of Bernardo Arévalo, an anti-corruption candidate from the Semilla Party. Despite his unexpected victory, the outgoing administration and Attorney General Maria Consuelo Porras used various tactics to challenge Arévalo’s legitimacy and impede his governance.

The regulations are designed to support democratic governance by reinforcing the newly elected government’s efforts to implement democratic reforms and fulfill its mandate, hold accountable those engaged in corruption and human rights abuses to deter similar future actions that contribute to instability and impunity, and express solidarity with the Guatemalan populace while emphasizing Canada’s commitment to democracy, rule of law, and the right to free and fair elections. To this end, the regulations establish a new sanctions regime focused on Guatemala, identifying four individuals linked to significant corruption and human rights violations. These individuals are subject to comprehensive prohibitions, including a ban on transactions for any individual or entity in Canada or Canadians abroad with the listed individuals, property restrictions requiring Canadians to disclose if they possess property belonging to listed persons, and exceptions allowing transactions with international organizations for humanitarian aid and payments under pre-existing contracts. The regulations also allow listed individuals to apply for removal from the designated list through the Minister of Foreign Affairs, who evaluates such requests based on established criteria.

The Special Economic Measures (Guatemala) Regulations aim to hold accountable those responsible for corruption and human rights abuses in Guatemala. By targeting corrupt officials and demonstrating support for the democratically elected government, Canada aims to contribute to a more stable and just Guatemala, ultimately benefiting its citizens and fostering a culture of transparency and accountability.

Canada (SOR/2024-23) March 6, 2024