Capítulo XI. Comision contra las adicciones y el trafico ilicito de drogas

The COMMISSION AGAINST ADDICTIONS AND ILLICIT DRUG TRAFFICKING, attached to the Vice Presidency of the Republic, is hereby created, with full capacity to receive resources under any title and to carry out all acts ensuring the fulfillment of its purposes.

The commission shall study and decide the national policies for the prevention and treatments of addictions as well as the prevention of unlawful acts linked to drug trafficking in all its forms and related activities.

The specific attributions of the Commission are:

a)To plan, design and coordinate the implementation of policies and strategies for the prevention and treatment of addictions and alcoholism.

b)To issue research programs, epidemiological, scientific and pedagogical studies, informational and technical-training programs to combat the national problem of addictions, in all its aspects and implications.

c)To coordinate all activities aimed at the effective treatment of those persons who in any manner may have fallen into the misuse of the drugs referred to in this law.

d)To adopt recommendations on crime prevention and treatment of the offender arising from conclusions of congresses held by national and international bodies, especially scientific events, related to the subject matter of this law.

e)To make decisions, to formulate recommendations to be complied with at the administrative level and to be executed by the different police forces of the country and other security forces, to prevent and prosecute any unlawful activity related to illicit drug trafficking in any of its forms and related activities.

f)To issue, in coordination with the Ministry of Public Finance, appropriate measures to control customs operations for the import or export of narcotics and psychotropic substances, as well as of the other drugs referred to in this law, precursors and essential chemical substances for their manufacture.

g)To coordinate the campaigns and actions that each ministry and entity forming the Commission must carry out within the scope of its jurisdiction.

h)To promote the improvement of the existing legal framework relating to drug crimes.

i)To issue opinions on the signing and ratification of the various international agreements regarding narcotics and psychotropics.

j)To follow up on the agreements signed by Guatemala on the subject matter.

k)To propose the participation of Guatemala in those events which, due to their importance and their relation to the subject matter, so merit.

l)To maintain contacts with foreign governments and international entities, and to take steps to coordinate national action with that of other States and to obtain such assistance as may be appropriate.

m)To administer the specific funds assigned to it according to the budget line item, as well as any resources it may receive under any title, subject to the laws of the Republic relating to the management of State assets and liabilities.

n)Any others that may be necessary for the achievement of its purposes.

The Commission Against Addictions and Illicit Drug Trafficking is integrated in the following form:

a)The Vice President of the Republic, who shall preside over it.

b)The Minister of the Interior, who shall act as vice president of the commission.

c)The Minister of National Defense.

d)The Minister of Public Health and Social Assistance.

e)The Minister of Education.

f)The Minister of Agriculture, Livestock and Food.

g)The Minister of Foreign Affairs.

h)The Minister of Communications, Transportation and Public Works.

i)The Head of the Public Prosecutor's Office.

The Ministers may delegate their representation only to the vice ministers. The head of the Public Prosecutor's Office may delegate their representation only to the head of the Prosecution Section.

The commission shall appoint an executive secretary, who shall be in charge of the execution of the policies designed for the prevention and treatment of addictions, and shall further appoint the necessary personnel for its operation. The executive secretary of the commission shall meet the same qualifications as are required to be private secretary of the Presidency of the Republic and shall enjoy equal prerogatives and immunities. The executive secretary shall, in addition, specifically advise the Ministry of the Interior on drug matters.

The Ministry of the Interior, with the collaboration of the Ministry of National Defense, shall be responsible for executing the policies for the prevention and prosecution of all such unlawful activities related to drug trafficking in all its forms and related activities.

In matters of prevention and treatment of addictions, said advisory board shall be composed of the current National Council for the Prevention of Alcoholism and Drug Addiction.

The entities and dependencies of the State may assist the Commission in whatever may be requested of them. Entities whose activity has as its object the prevention and treatment of addictions shall be guided by the policies established by the Commission in this matter.

The Commission may appoint subcommissions from among its own members or composed of persons who are not members thereof. At a minimum, it shall appoint a subcommission on preventive policies and such others as are necessary, whose function shall be to develop and monitor the implementation of the strategies and measures adopted by the Commission and to seek cooperation between the investigating authorities and those of society within the framework of the programs decided upon.

The Executive Branch shall issue the regulations necessary for the proper functioning of this Commission.