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4/27/2021

Treasury Sanctions Current and Former Guatemalan Officials for Engaging in Corrupt Activities | U.S. Department of th…

Treasury Sanctions Current and Former Guatemalan Officials for
Engaging in Corrupt Activities
April 26, 2021

WASHINGTON — Today, the U.S. Department of the Treasury’s O ice of Foreign Assets
Control (OFAC) sanctioned one current and one former Guatemalan government o icial for
their roles in corruption in Guatemala. This action targets Gustavo Adolfo Alejos Cambara,
the former Chief of Sta for the Alvaro Colom presidential administration, and Felipe Alejos
Lorenzana, an elected delegate to the Congress of the Republic of Guatemala. These
individuals are designated pursuant to Executive Order (E.O.) 13818, which builds upon and
implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators
of serious human rights abuse and corruption around the world. These sanctions reinforce
actions taken last year by the U.S. Department of State to publicly designate both
individuals, and their immediate family members, under Section 7031(c) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act due to their
involvement in significant corruption.
“When elected o icials in Guatemala pursue self-enrichment in their o icial duties, it is an
a ront to democratic principles in the region,” said Treasury Secretary Janet L. Yellen. “This
action serves to shine a light on corruption and promote accountability for those who would
seek to thwart the judicial process.”
Today’s actions were undertaken in close coordination with the United Kingdom, which has
established a new anti-corruption sanctions regime. Coordinated actions using these global
sanctions regimes enable likeminded partners to form a unified front to identify, promote
accountability for, and disrupt access to the international financial system by corrupt actors
and their networks. The United States will continue to engage closely with our allies to
impose tangible and significant consequences on those who engage in corruption.

CORRUPTION IN GUATEMALA’S JUDICIAL SELECTION
PROCESS

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Since the Government of Guatemala’s decision not to renew the mandate of the United
Nations-established International Commission Against Impunity in Guatemala (CICIG) in
2019, which is an organization that was originally created to work with the Guatemalan
Attorney General’s O ice to investigate corruption-related cases, certain Guatemalan
politicians, many of whom are the targets of criminal investigations in Guatemala, continue
to thwart anti-gra policies. These o icials have sought to eliminate Guatemala’s Special
Prosecutor against Impunity (FECI), tasked with investigating CICIG-assigned cases.
According to investigations by the Guatemalan Attorney General’s O ice, they have also
sought to exert influence on the judicial selection process for appointing magistrates to
Guatemala’s high courts. The current selection process to appoint magistrates to
Guatemala’s Supreme Court of Justice (CSJ) and Court of Appeal began in June 2019 but has
faced many irregularities and procedural failures.
In February 2020, FECI discovered that while in pre-trial detention for his prior alleged
corrupt activities, Gustavo Adolfo Alejos Cambara (Gustavo), the former Chief of Sta for the
Alvaro Colom presidential administration from 2008–2012, had been seeking to influence the
judicial selection process for magistrates to the CSJ and Court of Appeals. To do this,
Gustavo reportedly facilitated payments to congressional representatives and judges on the
CSJ, in coordination with Felipe Alejos Lorenzana (Felipe), to influence an outcome at both
institutions that would secure Gustavo’s future release from prison, dismiss the corruption
charges against him, and protect Felipe — as well as CSJ judges — from future prosecution
due to corruption.
As a result of FECI’s investigation, the Guatemalan Attorney General’s O ice requested an
injunction with respect to the judicial selection process. The Public Prosecutor’s O ice
argued that the candidate rosters submitted had been tampered with and influenced by
individuals who were facing criminal charges. The Constitutional Court reviewed the report
prepared by the Public Prosecutor’s O ice that described Gustavo’s relationships and ruled
that the judges would instead be elected by vote; any candidates deemed unsuitable would
be excluded from the election.
Additionally, Gustavo, who is currently under house arrest, has been the target of several
corruption-related investigations. For instance, in 2019, Gustavo was accused of receiving
bribes from a businessman as part of a corruption network involving money laundering and
bribery in government construction contracts in Guatemala. Gustavo reportedly purchased
o shore assets in Panama and Belize in an e ort to obfuscate these funds; Gustavo also
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purchased property that was later gi ed to o icials in exchange for political favors. FECI
issued an arrest warrant against Gustavo related to this these alleged corrupt activities.
Felipe, an elected delegate to the Congress of the Republic of Guatemala for the 2020–2024
term, is a close associate of Gustavo. Felipe allegedly facilitated bribes and payments from
private construction firms for ongoing or potential state infrastructure contracts to
congressional representatives, with the goal of ensuring congressional support of
Constitutional Court magistrates and alternates, who would support a future Constitutional
Court ruling favoring Felipe’s immunity, keeping Felipe and other congressional
representatives out of jail.
Gustavo and Felipe are designated pursuant to E.O. 13818 for being foreign persons who are
current or former government o icials, or persons acting for or on behalf of such an o icial,
who are responsible for or complicit in, or who have directly or indirectly engaged in,
corruption, including the misappropriation of state assets, the expropriation of private assets
for personal gain, corruption related to government contracts or the extraction of natural
resources, or bribery.

SANCTIONS IMPLICATIONS
As a result of today’s action, all property and interests in property of the persons above that
are in the United States or in the possession or control of U.S. persons are blocked and must
be reported to OFAC. In addition, any entities that are owned, directly or indirectly, 50 percent
or more by one or more blocked persons are also blocked. Unless authorized by a general or
specific license issued by OFAC, or otherwise exempt, OFAC’s regulations generally prohibit
all transactions by U.S. persons or within (or transiting) the United States that involve any
property or interests in property of designated or otherwise blocked persons. The
prohibitions include the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any blocked person or the receipt of any contribution or provision
of funds, goods, or services from any such person.

GLOB AL MAGNITSKY
Building upon the Global Magnitsky Human Rights Accountability Act, E.O. 13818 was issued
on December 20, 2017, in recognition that the prevalence of human rights abuse and
corruption that have their source, in whole or in substantial part, outside the United States,
had reached such scope and gravity as to threaten the stability of international political and
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economic systems. Human rights abuse and corruption undermine the values that form an
essential foundation of stable, secure, and functioning societies; have devastating impacts
on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent
conflicts; facilitate the activities of dangerous persons; and undermine economic markets.
The United States seeks to impose tangible and significant consequences on those who
commit serious human rights abuse or engage in corruption, as well as to protect the
financial system of the United States from abuse by these same persons.
Click here to view more information on today’s designation.
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