Guatemalan Constitutional Court Aligns with Vance Center’s Amicus Brief in Decision Upholding Transparency and Anti-Corruption Efforts

On March 26, 2026, the Constitutional Court of Guatemala confirmed the validity of Governmental Agreement 133/2024, which requires disclosure of beneficial ownership for public contracting processes. The decision, made public in mid-April, marks an important milestone for the advancement of transparency and anti-corruption efforts in Guatemala.

In its ruling, the Court expressly acknowledged an amicus submission filed in September 2025 by the New York City Bar Association, with the support of the Cyrus R. Vance Center for International Justice. The brief, submitted with a group of five civil society organizations – Acción Ciudadana, Centro Internacional para Investigaciones en Derechos Humanos, Diálogos, Asociación Consejo Nacional Empresarial, and Involúcrate Guatemala – supported upholding the constitutionality of the Agreement.

Background

Agreement 133/2024 is part of a series of regulatory initiatives introduced by Guatemala’s executive branch to enhance beneficial ownership transparency. It forms a cornerstone of the country’s framework for ensuring integrity in public procurement processes and fulfilling its international commitments to combat corruption.

In June 2025, a Guatemalan citizen filed a constitutional challenge requesting that the Court declare Article 9(d)(ii) of the Agreement unconstitutional. On July 10, 2025, the Court provisionally suspended the application of Article 9(d)(ii) until it decided on the merits of the challenge.

The challenge concerned a provision requiring that companies provide documentation of shareholders and individuals with financial and decision-making control over the companies in order to participate in public procurement proceedings. The petitioner argued that this provision violated fundamental constitutional rights, including the right to privacy of information and freedom of industry, commerce, and labor, and requested that the Court declare Article 9(d)(ii) unconstitutional.

The Vance Center’s amicus brief argued that Agreement 133-2024 is constitutional and consistent with international anti-corruption standards, including the United Nations Convention against Corruption (UNCAC) and the Inter-American Convention against Corruption (IACAC). It also argued that transparency mechanisms are essential for preventing illicit financial flows, money laundering, and the misuse of public funds.

The amicus stated that Guatemala’s Constitutional Court should reject the action challenging the constitutionality of the article in question.

Read more about our amicus brief

The Decision

The Court’s decision aligned with the arguments presented in the amicus brief.

In its decision, the Court upheld the obligation for individuals and legal entities to disclose beneficial owners when contracting with the State, finding that the measure does not violate the rights to privacy or freedom of industry, commerce, and labor.

Notably, the Court adopted the analytical framework proposed in the amicus brief, which urged the Court to assess the constitutionality of the disclosure obligation through a structured proportionality test. The Court’s decision followed the steps set out in the brief’s proportionality test to conclude that the disclosure requirement has a constitutionally legitimate aim, and that it is suitable, necessary, and proportionate.

In an April 20 press release about the decision, Guatemala’s Ministry of Public Finance acknowledged the amicus brief submitted by the Vance Center and the group of civil society organizations. The brief was an important technical contribution that “helped to enrich the Constitutional Court’s analysis,” the statement said.

By upholding the validity of the Agreement, the Court reinforced that identifying beneficial owners and oversight in public procurement is a legitimate means for greater transparency in Guatemala. The decision confirms an important element of the country’s anti-corruption efforts and ensures these efforts and related policies align with international standards.