Smuggling and illicit trade represent one of the most complex challenges for Guatemala’s security and economy. These phenomena not only affect the fiscal collection and competitiveness of the formal market, but also feed organized crime networks, says Juan Carlos Buitrago, Colombian expert in customs security and intelligence.
Buitrago worked together with other professionals in a study on smuggling in Guatemala and determined that state institutions do not have the ability to combat this problem.
The specialist added that the study evidenced structural factors such as institutional fragility and lack of research capacity to face smuggling effectively. In addition, he indicated that the challenge requires coordinated actions between the public and private sectors, as well as the implementation of more rigorous control mechanisms at the borders.
Buitrago commented that the situation is aggravated by the participation of transnational criminal structures that use smuggling as a means for money laundering.
What problems have identified in the country in customs security and intelligence?
We did a very complete job in Guatemala with international experts in the process of characterizing the problem of smuggling and illicit trade.
From the smuggling factors a road map was designed, a national strategy against this problem, which is an illicit trade modality.
We prefer to address it as an illicit trade, which is not only smuggling, but also the falsification, modification and alteration of products, unfair competition, tax evasion and money laundering.
There is a global campaign that includes all phenomena that multidimensionally affect society in general. From there arose a national strategy to prevent and intervene illegal trade in Guatemala, and was presented to the National Security Council. However, with the change of government, in the transition, it was decided to expect that its implementation was carried out by the new authorities, who are already taking up that national strategy with the support of experts, with the purpose that a turn can be generated in the face of this problem.
This study identified specific problems, what are they?
The first of them is corruption. Here we have reiterated one of our positions: If there is smuggling, illicit trade, crime, crime and violence is because there is corruption.
The second factor is institutional fragility. Guatemala and neighboring countries have a very weak standard of institutional capacity to investigate, intervene and control illicit trade and smuggling especially.
Borders are porous, intelligence and research agencies do not know how to investigate smuggling, the Public Ministry does not have specialized and strong units … If you want to end, mitigate or control smuggling, you have to open research processes to dismantle the corrupt that are behind, because there are always corrupt behind.
The third is to remove the goods and assets from these structures, in addition to going behind the leaders. If this is not done, in eight or fifteen days after a search will be opening a new winery, because they have the resources to regenerate, rearrange and continue in that vicious circle of criminal economy. These factors are important when it comes to strengthening the ability of institutions; You have to work and intervene them, and this was what the study threw in Guatemala and what we have seen in Latin America and the Caribbean.
A very strong prosecutor’s office to fight against smuggling is fundamental, and Guatemala does not have it. The Prosecutor’s Office has no resources, personal or expertise, and there is no approach to dismantle structures, to remove money and chase the corrupt. Simply seizes merchandise, it takes out the product from the market, reduces consumer damage, but does not solve the problem.
What are the smuggling solutions in Guatemala?
The importance of public-private work and understand that this is not only a police function of customs or justice; It is a phenomenon that has to involve the private sector and all the actors of society, including the Academy.
We have a strategy together with the Academy and with multilateral organisms. But what do you need? Trust, because there is no. There is no credibility, either an effective response or security guarantees.
The private sector mobilizes resources and efforts in research, information, analysis, training and equipment, even for the authorities, but there are no security guarantees.
How does drug trafficking benefit with smuggling?
Today the main asset, the gold of drug trafficking, to wash the money and incorporate it into the criminal economy system, is the cigarette.
Something crucial in this fight is to understand that behind smuggling and illicit trade there are mafias. There is the tobacco poster that operates from South Korea, India, Cambodia, Türkiye, China and then arrives in Paraguay to traffic it throughout the continent.
There is an overproduction of illegal and falsified cigarettes that have flooded the market in the United States, Latin America and the Caribbean. That business is using it to monetize the money resulting from drug trafficking, because it is the least risk, lower cost, greater ease and utilities generates them. That tobacco poster also operates in Guatemala.
Is it viable to create a customs police in Guatemala to combat smuggling and money laundering?
More than a customs policeman, a very powerful border police are needed. The big problem in Latin America is that: they are porous borders, very weak, there is no institutionality and there is no cooperation between countries.
I do not recommend a customs police, because in Colombia it was created to address a conjunctural problem. It became a very important and effective organism, but is generating a serious problem to the police: personnel deficiency, and customs has not been able to strengthen that capacity it should have.
How to prevent the police from being part of that smuggling system and not part of corruption?
You have to give the police first guarantees. If the institution does not give them legal guarantees of security and protection so that they can fulfill their work, there will be no change.
Supervision mechanisms must be maintained and have a very strong anti -corruption mechanism, and monitor the economic heritage of officials, especially those who are in high -risk positions due to their function, such as customs inspectors.
The polygraph and reliability tests must be maintained, so that the police know that we are evaluating it every six months and that if the polygraph does not pass, it cannot continue in its position.