MECHANISM FOR FOLLOW-UP ON THE IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION OEA/Ser.L SG/MESICIC/doc.329/12 17 May 2012 Original: Spanish Committee of Experts COMMUNICATIONS RECEIVED FROM THE DELEGATION OF THE REPUBLIC OF GUATEMALA REGARDING ITS RESPONSE TO THE QUESTIONNAIRE OF THE FOURTH ROUND OF REVIEW AND THE RESPONSE TO THESE COMMUNICATIONS Government of Guatemala Ministry of Foreign Affairs Permanent Mission of Guatemala Organization of American States Washington, D.C. M12-OEA-F.4.2.2/465-12 The Permanent Mission of Guatemala presents its compliments to the Honorable General Secretariat - The Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC) of the OAS – and hereby forwards Memorandum Number 13400157612 from Ms. Roxana Baldetti Elías, Vice-President of the Republic of Guatemala, concerning the replies to the attached Questionnaire of the Fourth Round of the MESICIC. The Permanent Mission of Guatemala avails itself of this opportunity to convey to the Honorable General Secretariat - The Mechanism for Follow-Up on the Implementation of the InterAmerican Convention against Corruption (MESICIC) of the OAS – renewed assurances of its highest consideration. [Stamp of the Permanent Mission of Guatemala to the OAS] April 20, 2012 To the Honorable General Secretariat – (MESICIC) – Organization of American States Washington, D.C. 1507 22nd Street NW - Washington, D.C. - 20037 Phone: (202) 833-4015 - Fax: (202) 833-4011 - E-mail: Guatemala@oas.org www.minex.gob.gt www.guatemala.gob.gt The Vice President of the Republic of Guatemala Roxanna Baldetti Elías Official Letter No. 16-2012 Ref.RB/if Guatemala, March 30, 2012 Dr. Jorge García Technical Secretariat of the Legal Cooperation Mechanism Organization of American States – OAS – Dear Dr. García, As an indication of our ongoing commitment, I am pleased to attach hereto the replies of the Republic of Guatemala to the Questionnaire of the Fourth Round of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption. I should like to point out that the attached document contains replies by each of Guatemala’s oversight organs. Sincerely, [Stamp of the Vice-Presidency of the Republic of Guatemala] Logo of the OAS OEA-/2.2/36/12 The General Secretariat of the OAS, through the Department of Legal Cooperation of the Secretariat for Legal Affairs, in its capacity as Technical Secretariat of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC), presents its compliments to the Permanent Mission of Guatemala to the OAS, and has the honor to refer to Note Verbale M 12-OEA-F.4.2.2/465-12 of April 20, 2012. The General Secretariat of the OAS - Department of Legal Cooperation of the Secretariat for Legal Affairs – hereby acknowledges receipt of said Note Verbale; Official Letter No.16-2012 Ref.RB/if of the Vice-President of the Republic of Guatemala, Ms. Roxana Baldetti Elías, of March 30, 2012, sent together with the aforementioned Note Verbale; and the document containing Guatemala’s reply to the Questionnaire of the Fourth Round of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC), attached to said Official Letter. Furthermore, the General Secretariat of the OAS - Department of Legal Cooperation of the Secretariat for Legal Affairs – wishes to request that the Permanent Mission kindly use its good offices to transmit the reply (attached hereto) to the Official Letter of the Vice-President of the Republic of Guatemala. It also wishes to advise that, on instructions from the Chair of the Committee of Experts of the MESICIC and pursuant to the Committee’s functions under its Rules of Procedure, the Official Letter of the Vice-President of the Republic of Guatemala, together with the replies document she attached to it, that Permanent Mission’s Note Verbale, this Note Verbale, and its attachment have all been remitted to the Committee of Experts for its information and consideration. The General Secretariat of the OAS, through the Department of Legal Cooperation of the Secretariat for Legal Affairs, avails itself of this opportunity to convey to the Permanent Mission of Guatemala to the OAS the assurances of its highest consideration. May 14, 2012 Logo of the OAS May 14, 2012 Her Excellency Ms. Roxana Baldetti Elías Vice-President of the Republic of Guatemala Excellency: I hereby respectfully acknowledge receipt of your Official Letter No. 16-2012 Ref.RB/if, addressed to my Office, together with the document attached to it containing Guatemala’s reply to the Questionnaire of the Fourth Round of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC), which were forwarded to me by the Permanent Mission of Guatemala to the OAS through Note Verbale M 12-OEA-F.4.2.2/465-12 of April 20, 2012. I would like to let you know that I have brought your Official Letter, the reply document attached to it, and the aforementioned Note Verbale to the attention of the Chair of the Committee of Experts of the MESICIC and Principal Expert of Mexico on that Committee, Mr. Alfredo Esparza Jaime. The Chair of the Committee has asked me to inform Your Excellency that, as noted in the communication addressed to your office on February 24, 2012 and sent with Note Verbale OEA/2.2/15/12 of that same date to the Permanent Mission of Guatemala to the OAS, he fully understands the situation that has arisen because the start of the new Government of the Executive Branch of Guatemala coincided with the date set by the Committee, under powers assigned to it by Articles 3.e, 19.a, and 21 of its Rules of Procedure, as the deadline by which Guatemala and the five other States Party making up the first group were to have replied to the Questionnaire of the Fourth Round of Review, and because, as Your Excellency noted in the communication that gave rise to that reply, the January 16 deadline established by the Committee expired without Guatemala’s reply to the questionnaire having been received through the pertinent channels. In light of this situation, I should like to inform you that, on instructions from the Chair of the Committee and pursuant to the functions assigned to it by its Rules of Procedure, Your Excellency’s Official Letter, together with the reply document attached to it and the accompanying Note Verbale of the Permanent Mission of Guatemala to the OAS addressed to my office have been forwarded to the Committee of Experts of the MESICIC for its information and consideration. I would to avail myself of the opportunity to convey to Your Excellency the assurances of my highest consideration. [signature] Jorge García González Director, Department of Legal Cooperation Secretariat for Legal Affairs DLCI01491E05