US_Guatemala Coop

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA CONCERNING COOPERATION REGARDING THE EXAMINATION OF APPLICATIONS FOR PROTECTION

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA, hereinafter individually an "Party" or collectively "the Parties",

WHEREAS Guatemala regulates its relations with other countries in accordance with international principles, rules and practices with the purpose of contributing to the maintenance of peace and freedom, the respect and defense of human rights, and the strengthening of democratic processes and institutions internationals that guarantee mutual and equitable benefit between States; considering, on the other hand, that Guatemala will maintain relations of friendship, solidarity and cooperation with those States whose economic, social and cultural development is analogous to that of Guatemala, such as the right of people to migrate and their need for protection;

WHEREAS Guatemala currently incorporates in its domestic legislation dynamic migration laws that force Guatemala to recognize the right of every person to emigrate or immigrate, so that any migrant can enter, remain, transit, leave and return to their national territory as to its national legislation; considering, also, that in situations not provided for by domestic legislation, the norm that most favors the migrant should be applied, being that by analogy, people who wish to legally enter the national territory should be given shelter and temporary care; whereas for these reasons it is necessary to promote cooperation agreements with other States that respect the same principles described in the Guatemalan migration policy, regulated by the National Migration Authority;

WHEREAS Guatemala is part of the 1951 Convention relating to the Status of Refugees, held in Geneva on July 28, 1951 (the "1951 Convention") and the Protocol on the Status of Refugees, signed in New York on 31 January 1967 (the "1967 Protocol"), of which the United States is a party, and reaffirming the obligation of the parties to provide protection to refugees who meet the requirements and who are physically in their respective territories, in accordance with its obligations according to those instruments and subjects. to the respective laws, treaties and declarations of the Parties;

RECOGNIZING especially the obligation of the Parties to comply with the principle of non-refoulement of non-refoulement, as follows from the 1951 Convention and the 1967 Protocol, as well as the Convention against Torture and Other Cruel, Inhuman Treatment or Punishment o Degrading, signed in New York on December 10, 1984 (the \'93Convention against Torture\'94), subject to the respective reservations, understandings and declarations of the Parties and reaffirming their respective obligations to promote and protect human rights and fundamental freedoms in line with its obligations in the international arena;

RECOGNIZING and respecting the obligations of each Party in accordance with its national laws and policies and international agreements and arrangements;

STRESSING that the United States of America and Guatemala offer refugee protection systems that are consistent with their obligations under the 1951 Convention and / or the 1967 Protocol;

DECIDED to maintain the status of refuge or equivalent temporary protection, as an essential measure in the protection of refugees or asylees, and at the same time wishing to prevent fraud in the process of requesting refuge or asylum, an action that undermines its legitimate purpose; and determined to strengthen the integrity of the official process to request the status of refuge or asylum, as well as public support for said process;

AWARE that the distribution of liability related to requests for protection must in practice ensure that persons who need protection are identified and that violations of the basic principle of non-refoulement are avoided; and, therefore, committed to safeguarding for each applicant the status of refuge or asylum that meets the necessary conditions for access to a complete and impartial procedure to determine the application;

AGREE the following:

ARTICLE 1

For the purposes of this Agreement:

1. "Request for protection" means the request of a person of any nationality, to the government of one of the Parties to receive protection in accordance with their respective institutional obligations arising from the 1951 Convention, the 1967 Protocol or the Convention against the Torture, and in accordance with the respective laws and policies of the Parties that comply with these international obligations, as well as to receive any other equivalent temporary protection available under the immigration law of the receiving party.
2. "Applicant for protection" means any person who submits a request for protection in the territory of one of the parties.
3. "System to determine protection" means the set of policies, laws, administrative and judicial practices that the government of each party uses to decide on protection requests.
4. "Unaccompanied minor" means an applicant for protection who has not reached eighteen (18) years of age and whose father, mother or legal guardian is not present or available to provide care and custody in the United States of America or in Guatemala, where the unaccompanied minor is located.
5. In the case of immigration to Guatemala, policies regarding laws and migration address the right of persons to enter, remain, transit and leave their territory in accordance with their internal laws and international agreements and arrangements, and permanence Migration means permanence for an authorized period of time according to the immigration status granted to people.

ARTICLE 2

This Agreement does not apply to applicants for protection who are citizens or nationals of Guatemala; or who, being stateless, usually reside in Guatemala.

ARTICLE 3

1. To ensure that protection applicants transferred to Guatemala by the United States have access to a system to determine protection, Guatemala will not return or expel protection applicants in Guatemala, unless the applicant abandons the application or is is denied through an administrative decision.
2. During the transfer process, persons subject to this Agreement shall be the responsibility of the United States until the transfer process is completed.

ARTICLE 4

1. The responsibility for determining and concluding in its territory requests for protection shall fall to the United States, when the United States establishes that this person:
to. he is an unaccompanied minor; or
b. arrived in the territory of the United States:
i. with a validly issued visa or other valid admission document, other than transit, issued by the United States; or
ii. without the United States of America requiring him to obtain a visa.
2. Notwithstanding paragraph 1 of this article, Guatemala shall evaluate the requests for protection one by one, in accordance with what is established and authorized by the immigration authority in its migration policies and laws and in its territory, of the persons who they meet the necessary requirements under this Agreement, and they arrive in the United States at an entry port or between ports of entry, on or after the effective date of this Agreement. Guatemala will evaluate the request for protection, in accordance with the initial implementation plan and the standard operating procedures referred to in article 7, paragraphs 1 and 5.
3. The Parties shall apply this Agreement with respect to unaccompanied minors in accordance with their respective national laws,
4. The Parties shall have procedures to ensure that the transfers from the United States to Guatemala of the persons covered by this Agreement are compatible with their obligations, national and international laws and respective migration policies.
5. The United States will make the final decision that a person meets the requirements for an exception under Articles 4 and 5 of this Agreement.

ARTICLE 5

Notwithstanding any provision of this Agreement, any party may, at its own discretion, examine any request for protection that has been submitted to that Party when it decides that it is in its public interest to do so.

ARTICLE 6

The Parties may:

1. Exchange information when necessary for the effective implementation of this Agreement subject to national laws and regulations. Such information will not be disclosed by the recipient country except in accordance with its national laws and regulations.
2. The Parties may regularly exchange information regarding laws, regulations and practices related to their respective systems to determine immigration protection.

ARTICLE 7

1. The Parties shall develop standard operating procedures to assist in the implementation of this Agreement. These procedures will incorporate provisions to notify in advance, to Guatemala, the transfer of any person under this Agreement. The United States will collaborate with Guatemala to identify the right people to be transferred to the territory of Guatemala.
2. The operating procedures shall incorporate mechanisms to resolve disputes that respect the interpretation and implementation of the terms of this Agreement. Unplanned cases that cannot be resolved through these mechanisms will be resolved through diplomatic channels.
3. The United States plans to cooperate to strengthen the institutional capacities of Guatemala.
4. The Parties agree to regularly evaluate this Agreement and its implementation, to remedy the deficiencies found. The Parties shall carry out the evaluations jointly, the first being within a maximum period of three (3) months from the date of entry into operation of the Agreement and the following evaluations within the same deadlines. The Parties may invite, by mutual agreement, other relevant organizations with specialized knowledge on the subject to participate in the initial evaluation and / or cooperate to comply with this Agreement.
5. The Parties plan to complete an initial implementation plan, which will gradually incorporate, and address, among others: a) the procedures necessary to carry out the transfer of persons in accordance with this Agreement; b) the number or number of people to be transferred; and c) institutional capacity needs. The Parties plan to make this Agreement operational at the end of a gradual implementation plan.

ARTICLE 8

1. This Agreement shall enter into force through an exchange of letters between the parties indicating that each party has complied with the national legal procedures necessary for the Agreement to enter into force. This Agreement will be valid for two (2) years and may be renewed before its expiration through an exchange of letters.
2. Any Party may terminate this Agreement by means of written notification to the other Party three (3) months in advance.
3. Any party may, immediately after notifying the other party in writing, suspend for an initial period of up to three (3) months the implementation of this Agreement. This suspension may be extended for additional periods of up to three (3) months by means of a written notification to the other party. Any party may, with the written consent of the other, suspend any part of this Agreement.
4. The Parties may, in writing and by mutual agreement, make any modification or addition to this Agreement. These shall enter into force in accordance with the relevant legal procedures of each Party and the modification or addition shall constitute an integral part of this Agreement.
5. No provision of this Agreement shall be construed in a manner that obliges Parties to disburse or commit funds.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective governments, sign this Agreement.

DONE on July 26, 2019, in duplicate in the English and Spanish languages, both texts being authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: Kevin K. McAleenan, Acting Secretary of National Security.

FOR THE GOVERNMENT OF THE REPUBLIC OF GUATEMALA: Enrique A. Degenhart Asturias, Minister of the Interior.