November 10, 2022

Rep. Torres Demands Action from Secretaries Austin & Blinken Following Continued Military Equipment Transfers to Guatemala

Washington, D.C. – In response to the United States Department of Defense's recent transfer of military equipment to the Guatemalan government, Congresswoman Norma J. Torres (CA-35) sent a letter earlier this week to Defense Secretary Lloyd J. Austin III and Secretary of State Antony Blinken calling for further oversight and action regarding the recent transfers. The letter also follows a report from the U.S. Government Accountability Office (GAO) which found that the government of Guatemala used military Jeeps sourced from the U.S. to intimidate American embassy officials in 2018.

The letter reads, in part, "In no circumstance should United States donated military equipment be used to undermine democracy and free speech. Nor should this equipment be used to intimidate our own government and citizens. Our government needs strong policies in place to stop these egregious acts from happening. This is a matter of good policy, national security, and common sense."

Since 2021, Rep. Torres has successfully pushed for restrictions on the transfer of military equipment to nations with a history of abuse against their own people, including Guatemala. The Congresswoman has also called for the Guatemalan government to #ReturntheJeeps in response to the 2018 incident.

While the current transfer uses funding that predates these restrictions, the Departments of Defense and State have still not committed to limiting the transfer of military equipment to Guatemala, and as indicated by the recent GAO report, have failed to put any policies in place to accurately record and respond to the misuse of military equipment provided by the U.S. As a Member of the Appropriations Committee, Congresswoman Torres secured the inclusion of $61.5 million for anti-corruption and rule-of-law efforts in Central America in a government funding bill earlier this year.

The full text of the letter can be found HERE and below:

Dear Secretary Blinken and Secretary Austin:

I write to express my deep disappointment and opposition to the United States Department of Defense's transfer of additional military equipment to the government of Guatemala without consideration for the impact on the people of Guatemala, and without the Departments of Defense and State making needed changes to their end-use monitoring systems for military equipment. Absent reform, the current plans and efforts are undermining democracy and the rule of law in Central America.

On October 13th, the Department of State announced the transfer of 95 vehicles, including trucks and motorcycles to the Guatemalan Army by the Department of Defense. The total value of these items was some $4.4 million. I am concerned that without additional safeguards, this equipment will be ripe for further misuse by the military.

As you know, in 2018, the Guatemalan military misused military jeeps provided under this program to harass and intimidate protestors, human rights activists, and even U.S. State Department personnel. These issues were not fully investigated until they received attention from both the press and my office. The result was that none of these jeeps have been confiscated, although jeeps then en route to Guatemala have been held in a U.S. facility instead of being transferred to the Guatemalan government. To the best of my understanding, all of these jeeps remain in Guatemala. And unfortunately, in the years since, there continue to be reports of the misuse of these vehicles against protestors and indigenous communities to crush dissent and steal land from vulnerable communities.

Unfortunately, these events uncovered a troubling lack of transparency, accountability, and oversight of military equipment transferred to other countries. That is why I included language in the fiscal year 2022 National Defense Authorization Act mandating a General Accountability Office (GAO) study of end-use monitoring of military equipment by the Department of Defense and State in the Northern Triangle. The report, entitled "DOD and State Need Improved Policies to Address Equipment Misuse," was released on November 2nd, 2022.

I am dismayed to see what this report uncovered. GAO concluded that the Departments of Defense and State have no policies in place to record misuse allegations, nor does the Department of Defense have policies in place for investigating misuse at all for certain types of equipment. In addition, in the case of Guatemala, while the Departments were aware of misuse by the Guatemalan government of the military jeeps provided to them, neither Department accurately recorded that information, and did not have policies to guide further investigations. Additionally, the report indicated the Department of Defense failed to implement enhanced end-use monitoring on sensitive equipment because it does not maintain accurate date on which equipment falls under that category.

These are serious problems. In no circumstance should United States donated military equipment be used to undermine democracy and free speech. Nor should this equipment be used to intimidate our own government and citizens. Our government needs strong policies in place to stop these egregious acts from happening. This is a matter of good policy, national security, and common sense.

Additional restrictions have been placed on the transfer of military equipment since 2021. While my understanding is that the funding used for the current transfer predates these policies, given the news that has come out in the years since, I strongly believe that more stringent oversight and regulation must occur on all appropriated funding for military transfers to Guatemala and other nations with a history of abuse against their own people. I urge the Departments of Defense and State to commit to limiting the transfer of military equipment to Guatemala, as well as additional Central American governments who misuse military equipment against their peoples, until additional oversight mechanisms are in place for all appropriated funds, regardless of the year they were appropriated.

Moreover, I believe that the Department of Defense should immediately implement ALL recommendations made by the GAO in its report. I fail to understand the Department's objections to these recommendations and believe that the Department of Defense should be held to a higher standard of conduct than what is currently occurring with regard to end-use monitoring.

Like you, I share a deep commitment to protecting the well-being of our citizens, and to promoting our national interests around the world. However, when we fail to plan for oversight of taxpayer funded projects, and we take steps that help undermine our values in other nations, I believe that we undermine our national interest as well.

I look forward to your response.

Sincerely,

Norma J. Torres

Member of Congress

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