Executive Decree PCM-08-2024 by means of which the National Commission of the Interoceanic Railroad (CONFI) is created
Poder Ejecutivo
- Decree: PCM-08-2024
- Published: February 28, 2024
- Issuing body: Poder Ejecutivo
- Gazette: 36,472
- Category: Administrative
Summary
This decree creates the National Interoceanic Railway Commission (CONFI), a government entity that will plan and execute the construction of a train connecting the Port of Castilla on the Atlantic with the Port of Amapala on the Pacific. CONFI will have an Executive President who can contract studies, designs, manage financing and obtain necessary permits, with authority to make direct contracts for one year.
Considerations
Whereas the Constitution of the Republic establishes that the Constitutional President is responsible for directing the general policy of the State, as well as issuing Agreements, Decrees, issuing regulations and resolutions in accordance with Law (article 245, numerals 2) and 11)).
Whereas the General Law of Public Administration provides that the creation, modification or suspension of deconcentrated organisms or entities may only be carried out by the Presidency of the Republic in Council of State Secretaries (article 4).
Whereas the General Law of Public Administration establishes that the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of her functions to act by herself or in Council of Ministers (article 11).
Whereas the General Law of Public Administration establishes as an attribution of the Council of State Secretaries, to create, maintain and suppress public services and to take the measures that are necessary for their proper functioning (article 22, numeral 6).
Whereas the General Law of Public Administration establishes that deconcentrated organs or entities shall be created, modified, merged or suppressed by Decree of the Presidency of the Republic in Council of State Secretaries (article 45).
Whereas historically the proposal to initiate a project for the construction of the interoceanic railroad in Honduras emerged during the period of the President of the Republic, the Patriot José Trinidad Cabañas (1852-1855), who promoted in a visionary manner the pertinent efforts, achieving that several countries would commit to being part of this great project. It was during the government of José María Medina, in the year 1867 that the country assumed one of the largest debts in its past history to make real the construction of the Railroad that would connect the Atlantic with the Pacific "Interoceanic", however, that vision was truncated by political instability, Coups d'État, plundering and corruption.
Whereas General Francisco Morazán, Honduran national hero, fought shedding his blood for the unity of Central America; and the succession of governments in Honduras jointly with the other Central American governments, have continued with the process of integration of the region: the Central American Integration System (SICA), the Customs Union, CA4, the Free Movement of Persons, the Central American Parliament (PARLACEN), the Tripartite Agreement (Nicaragua, El Salvador and Honduras) for the management of the Gulf of Fonseca and the Central American Court of Justice.
Whereas current conditions of commercial exchange have increased at the global and regional levels, making it necessary to improve infrastructure, logistics, transport and market conditions for the economic, environmental and social development of the region. The Interoceanic Train project would fulfill the aspirations of Central American peoples, facilitating the movement of merchandise between the Atlantic Ocean and the Pacific Ocean, which will place us at the forefront of the International Commercial Transportation supply. WHEREAS the construction of the National Interoceanic Railroad, without a doubt will constitute a vital and fundamental factor for the development of the country and the region, thereby guaranteeing the well-being of present and future generations, making possible the strengthening of the economic integration system with the consequent benefits in social and environmental matters. With this purpose, it is imperative to create a governmental entity with sufficient powers and attributes to assume under its responsibility and mandate the realization of the Interoceanic Train project: studies, financing, constructive designs, which will precede the material execution of the work and the administration and management of the Great National Interoceanic Railroad Project.
Whereas according to what is established in the State Contracting Law, direct contracting may be carried out in cases involving the acquisition of spare parts or other specialized goods and services whose manufacture or sale is exclusive to those who have a registered patent or trademark, provided that there are no convenient substitutes; when circumstances require that Government operations be kept secret; and when it concerns specialized scientific, technical or artistic work (article 63, numerals 2, 4 and 6).
Articles
The NATIONAL INTEROCEANIC RAILROAD COMMISSION (CONFI) is hereby created as a decentralized entity, attached to the PRESIDENCY OF THE REPUBLIC, with functional, technical, administrative, and budgetary independence, as an entity of public interest and strategic importance for the economic and social development of Honduras and the Central American region, with its own legal personality, which shall be responsible for the planning, formulation, organization, and execution of the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT". The National Interoceanic Railroad Commission (CONFI) has authority and jurisdiction at the national level and its principal office is located in the capital of the Republic.
The National Interoceanic Railroad Commission (CONFI) shall have as its principal objective to develop the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT" to contribute to the economic and social development of the country, providing a transportation service with advanced technology and maximum efficiency, which shall connect the Atlantic Ocean and the Pacific Ocean, specifically from the Port of Castilla in the Caribbean Sea, to the Port of Amapala, in the Gulf of Fonseca.
The organic and functional structure of the National Interoceanic Railroad Commission (CONFI), to the extent not regulated in this Decree, shall be established in a Regulation, which must be issued by the Commission, within a period not to exceed ninety (90) days from the publication of this Decree.
The National Commission for the Construction of the Interoceanic Railroad (CONFI) shall be headed by an Executive President, who shall act by delegation in representation of the President of the Republic and shall be appointed or removed freely by the same. The Executive President is the Legal Representative of the Institution, responsible for executing its functions, powers, and attributions. The National Commission for the Construction of the Interoceanic Railroad (CONFI) shall be composed of the following institutions:
- 1)
The Executive President, who shall preside over the Commission;
- 2)
The Secretary of State in the Office of Finance (SEFIN); which shall act as the Commission's secretary;
- 3)
The Secretary of State in the Office of National Defense (SEDENA);
- 4)
The Secretary of State in the Offices of Infrastructure and Transport (SIT);
- 5)
The Secretary of State in the Offices of Natural Resources and Environment (SERNA); and, 6. The National Port Authority (ENP). The President of the Republic may invite, if she deems it appropriate, representatives of organizations or notable national or international citizens to be part of the Commission, with voice but without vote. In case of a tie in a vote of the Council, the President shall have double vote.
The powers of the Executive President of the National Interoceanic Railroad Commission (CONFI) are: 1. APPOINTMENT OF TECHNICAL TEAM. To appoint persons, contract companies, or form work teams with specific technical professional specialties, national or international, that are responsible for supporting the formulation of this project, programs, plans, budgets, and any other activity that becomes necessary for the planning, formulation, organization, and execution of the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT". 2. CONTRACTING. To execute the necessary contracts to conduct preliminary studies, feasibility studies, designs, budgets, pre-investment analysis, financing management, work plans, projects, and any other activity that must be undertaken for the development of the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT". 3. BILL PROJECT. To draft a Bill that regulates in a special manner everything related to the creation of the company "GRAND NATIONAL INTEROCEANIC RAILROAD", which shall be responsible for the construction and administration of the transoceanic railroad. The President shall submit it to the Cabinet Council and subsequently to the National Congress of the Republic, for its approval. 4. PERMITS. To identify and request the authorizations and permits necessary in accordance with the Law, such as: transparency, defense, security, environmental, local, tax, construction, socialization with local governments and communities, which must be previously granted for the realization of the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT". All institutions, Secretaries of State, and Public Sector Agencies shall collaborate within the framework and exercise of their legal attributions for the granting of these permits and authorizations. 5. FINANCING. To identify, manage, and generate the legal and transparency framework to negotiate the necessary financing for the implementation of the "GRAND NATIONAL INTEROCEANIC RAILROAD PROJECT", which may and must include the participation of national capital, foreign capital, whether public, private, or mixed. It is understood that, in any case, the State of Honduras must reserve for itself in a sovereign manner at least fifty-one percent (51%) of the share capital. 6. REGULATIONS. To draft and present to the Commission for its approval, the special Regulations that are necessary for the proper functioning and achievement of the objectives of the National Interoceanic Railroad Commission (CONFI). 7. SOCIALIZATION. To inform and communicate permanently to society in general, the actions and advances made by the Commission in the execution of the Project. Also to identify and meet with those sectors with whom, by reason of their interests or benefits, it is necessary to socialize this Project. 8. All other functions that may be assigned to him by the President of the Republic, either directly or by Decrees issued in Cabinet Council.
The National Interoceanic Railroad Commission (CONFI) shall have the following powers:
- 1)
To know and approve public policies within its sphere of competence, as well as the operative plans and budget of the Commission presented to it by the Executive President of CONFI;
- 2)
To know and approve the Regulations for the proper functioning of the National Interoceanic Railroad Commission (CONFI) presented by the Executive President;
- 3)
To know the contracts that, by their amount, in accordance with the State Contracting Law and their importance, should be submitted for its consideration by the President of CONFI;
- 4)
To know in the month of January of each year, the Annual Report of Activities that must be presented by the Executive President of CONFI; and, 5. To exercise the other functions in accordance with its consultative competence.
To be Executive President of the National Interoceanic Railroad Commission (CONFI), the following requirements are necessary:
- 1)
To be Honduran, at least thirty (30) years of age;
- 2)
To be in the enjoyment of civil and political rights;
- 3)
To be a professional, entrepreneur, or person of recognized capacity and suitability;
- 4)
Not to be a contractor or supplier of the State; and, 5. To have knowledge and/or experience in matters of administration and project management.
The resources of the National Interoceanic Railroad Commission (CONFI) are the following:
- a)
The amounts allocated in the General Budget of Income and Expenses of the Republic and those allocated to it through budgetary transfers;
- b)
The goods that are transferred to it by the Secretaries of State to commence its effective functioning and the goods that it acquires after its creation; and,
- c)
Those arising from agreements executed to implement the project, in addition to donations, inheritances, and bequests that it receives.
TRANSITIONAL PROVISION. For reasons of public interest and given the necessity and urgency of beginning the "Grand National Interoceanic Railroad Project", the Executive President of CONFI is authorized to execute the contracts in accordance with the powers conferred upon him by Article 5 of this Executive Decree, through the direct contracting procedure, based on the mandates of Article 63, numerals 2), 4), and 6) of the State Contracting Law. This power shall be in effect for a period of one (1) year from the publication of this Decree.
This Decree is of immediate execution and must be published in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of Central District, on the twenty-eighth (28) day of the month of February of the year two thousand twenty-four (2024). LET IT BE COMMUNICATED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO SECRETARY OF STATE IN THE OFFICE OF SOCIAL DEVELOPMENT MARLON DAVID OCHOA MARTÍNEZ SECRETARY OF STATE IN THE OFFICE OF FINANCE TOMÁS EDUARDO VAQUERO MORRIS SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION JAIME REINALDO TURCIOS OREAMUNO SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY AND FIGHT AGAINST CORRUPTION, BY LAW RICARDO ARTURO SALGADO SECRETARY OF STATE IN THE OFFICE OF STRATEGIC PLANNING FREDIS ALONSO CERRATO VALLADARES SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT DORIS YOLANY GARCÍA PAREDES SECRETARY OF STATE IN THE OFFICE OF WOMEN'S AFFAIRS HECTOR GUSTAVO SÁNCHEZ VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE CARLA MARINA PAREDES REYES SECRETARY OF STATE IN THE OFFICE OF HEALTH LUCKY HALACH MEDINA ESTRADA SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION ANGÉLICA LIZETH ÁLVAREZ MORALES SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS, BY LAW LAURA ELENA SUAZO TORRES SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE IN THE OFFICE OF ENERGY OCTAVIO JOSÉ PINEDA PAREDES SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORT LESLY SARAHÍ CERNA SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY YADIRA ESTHER GÓMEZ CHAVARRÍA SECRETARY OF STATE IN THE OFFICE OF TOURISM GLORIA ANNARELLA VÉLEZ OSEJO SECRETARY OF STATE IN THE OFFICES OF CULTURES, ARTS AND HERITAGES OF THE PEOPLES OF HONDURAS WARREN OCHOA ORELLANA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION DARÍO JOSUÉ GARCÍA VILLALTA SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO) FABIOLA CLAUDETT ABUDOJ MENA SECRETARY OF STATE FOR THE DEVELOPMENT AND FOLLOW-UP OF PROJECTS AND AGREEMENTS LIZETH ARMANDINA COELLO GÓMEZ SECRETARY OF STATE IN THE OFFICES OF CHILDHOOD, ADOLESCENCE AND FAMILY (SENAF)
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