Executive Decree PCM-32-2024 by which a State of Emergency is declared in the Honduran Institute of Land Transportation (IHTT)

This decree declares a state of emergency at the Honduran Land Transportation Institute (IHTT) following a cyberattack that paralyzed its systems in February-March 2024. It authorizes the IHTT to directly purchase (without bidding) technological equipment, servers, and software for 20 million lempiras to restore its operations and protect user and transporter data.

Whereas the Constitution of the Republic establishes that the President has charge of the General Administration of the State and its representation, having among its powers to direct the general policy of the State and represent it, issue Agreements and Decrees and issue regulations and resolutions in accordance with the Law, administer Public Finances, create, maintain and suppress public services and take the measures that are necessary for the proper functioning of these, as well as the other powers conferred upon it by the Constitution and the laws (article 245, numerals 2, 11, 19, 35 and 45).

Whereas the General Law of Public Administration provides that the President of the Republic has charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of its functions to act by itself or in Council of Ministers (article 11).

Whereas by means of Legislative Decree number 155-2015 published in the Official Gazette "La Gaceta" on March 30, 2016, edition number 33,995, with the primary purpose of obtaining for users of the public service and special transportation service the greatest and best conditions of quality, safety, comfort, efficiency, economy and representativeness, the "Law on Land Transportation" was approved, by means of which the Honduran Institute of Land Transportation (IHTT) was created, which has the exclusive power to apply said Law and its regulations (articles 1 and 4).

Whereas it was public knowledge that the public services provided by the Honduran Institute of Land Transportation (IHTT) were seriously affected during the months of February and March of the present year, due to a cyber attack of data ransomware, which progressively resulted in the total cessation of institutional operations, compromising the operability of the IHTT and putting at risk the data of users and transporters. This situation was aggravated due to a series of critical deficiencies in the security infrastructure of the institutional operating systems and the use of obsolete equipment and servers, which keeps the institution's systems exposed to multiple vulnerabilities.

Whereas the interruption of the systems of the Honduran Institute of Land Transportation (IHTT) had significant repercussions in various operational areas, including the reception of new requests, the management of files, the imposition of fines for infractions committed by concessionaires, as well as the issuance of Operating Permits, Operating Certificates, Special Permits and Temporary Permits, in view of which some transporters were forced to suspend the provision of transportation services, mobility and access to fundamental services for the population were affected, and it implied for the IHTT a loss of income collection amounting to more than Twenty-Five Million Lempiras (L25,000,000.00).

Whereas following the aforementioned incident, the Department of Information Technologies, Communication, Knowledge and Learning (TICCA) of the Honduran Institute of Land Transportation (IHTT) issued a report on the state of the institutional technological infrastructure at the national level, revealing the presence of obsolete servers, outdated computer programs (software) and lack of licenses for critical security devices, noting the urgent need to strengthen information security policies, adequately update and maintain technological infrastructure, develop continuous cybersecurity training programs for operators and adopt measures to address emerging cyber threats, in order to guarantee the continuity and efficiency of public services in the field of land transportation in Honduras.

Whereas in order to restore, protect and guarantee the continuity of the provision of fundamental public services provided by the Honduran Institute of Land Transportation (IHTT), it is necessary to carry out the immediate and urgent contracting of goods and services such as cloud services, computers, document management systems, servers, firewalls, among others that are necessary to strengthen the technological infrastructure of the institution.

Whereas the State Secretariat of the Treasury (SEFIN) carried out a modification of TWENTY MILLION LEMPIRAS (L20,000,000.00) of the budgetary structure of the Honduran Institute of Land Transportation (IHTT), in view of the fact that the operating system, servers, networks and all the technological equipment of the institution was subject to a cyber attack, for which reason the acquisition of servers, technological equipment, goods and emergency services is required to normalize the operations of the institution.

Whereas the State Contracting Law establishes that direct contracting may be carried out when the purpose is to provide for the needs occasioned by a situation of emergency, under the provisions established in article 9 of the same law (article 63 numeral 1).

Whereas in accordance with the State Contracting Law, the declaration of a State of Emergency shall be made by Decree of the President of the Republic in Council of Ministers. Likewise, it is established that when emergency situations occur caused by exceptional circumstances that substantially affect the continuity or timely and efficient provision of public services, the supply of goods or services or the provision of consulting services that are strictly necessary may be contracted, without being subject to the requirements of bidding and other regulatory provisions, without prejudice to supervision functions (article 9).

Whereas the Constitution of the Republic in its Article 72 establishes "The free expression of thought by any means of dissemination, without prior censorship. Those who abuse this Right and those who by direct or indirect means restrict or prevent the communication and circulation of ideas and opinions are responsible before the Law".

Whereas the Constitution of the Republic establishes in its Article 328 "The Economic System of Honduras is founded on principles of efficiency in production and social justice, in the distribution of wealth and national income, as well as in the harmonious coexistence of the factors of production that make possible the dignification of work as the principal source of wealth and as a means of realization of the human person".

Whereas the Constitution of the Republic establishes in its Article 332 that "The exercise of economic activities corresponds primarily to individuals: However, the State, for reasons of public order and social interest, may reserve the exercise of certain basic industries, exploitation and services of public interest and issue measures and economic, fiscal and public security laws, to channel, stimulate, supervise...