Capítulo VI. Cooperación internacional

In order to facilitate judicial proceedings and investigations relating to the crimes referred to in this Law, the Public Prosecutor's Office and the competent judicial authorities may provide assistance to and request assistance from the competent authorities of other countries for:

a)Receiving testimony or taking statements from persons.

b)Presenting judicial documents.

c)Conducting inspections and seizures.

d)Examining objects and places.

e)Providing information and elements of evidence.

f)Delivering originals or authentic copies of documents and case files related to the case, including banking, financial and commercial documentation.

g)Identifying or detecting the proceeds, instrumentalities and other elements for evidentiary purposes.

h)Any other form of reciprocal judicial assistance authorized by domestic law.

The competent authorities may also provide assistance to and request assistance from the competent authorities of other countries to establish the identity, whereabouts and activities of persons with respect to whom there are reasonable suspicions that they participate in the crime of financing of terrorism.

Persons who are detained or serving a sentence in the national territory may be transferred to another State provided there is judicial authorization and provided it is for purposes of giving testimony or for identification or to help obtain evidence necessary for the investigation or prosecution of the crimes established in the international instruments to which Guatemala is a party. For such purpose the following conditions must be met:

a)That the person freely gives his or her consent, once informed, and;

b)That both States agree, subject to the conditions they consider appropriate, especially with regard to the duration of the proceeding.

For purposes of this article, the competent authorities of Guatemala, under their strictest responsibility, shall ensure compliance with the following requirements:

a)The State to which the person is transferred shall be authorized and required to keep such person detained and in due custody, unless the State from which such person was transferred requests or authorizes otherwise.

b)The State to which the person is transferred shall without delay comply with its obligation to return him or her to the custody of the State from which he or she was transferred.

Law already signed with respect to money laundering

c)The State to which the person is transferred may not require the State from which he or she was transferred to initiate extradition proceedings for his or her return.

d)The time the person has remained detained in the State to which he or she has been transferred shall be taken into account for purposes of deducting it from the sentence to be served in the State from which he or she was transferred.

e)The person shall not be subjected to any other restriction of his or her personal liberty in the territory of the State to which he or she is transferred, in relation to acts or convictions prior to his or her departure from the territory of the State from which he or she was transferred.

f)The cost of transfer, custody and security of the persons to be transferred shall be borne by the State to which they will be transferred.

The competent authorities of Guatemala are empowered to promote the conclusion of agreements with other States in this matter.

The administrative assistance and exchange of information carried out by the Special Verification Intendency with counterpart entities of other countries, in matters of financing of terrorism, shall be governed by the provisions established in the Law Against Money Laundering or Other Assets. For this purpose, the memoranda of understanding or cooperation agreements executed in matters of money laundering or other assets may include matters relating to the financing of terrorism.

Without prejudice to the foregoing, the Superintendency of Banks, through the Special Verification Intendency, may enter into memoranda of understanding for the exchange of information in matters of financing of terrorism.