Executive Decree Pcm-052-2021 and Pcm-053-2021 - New Migratory Requirements June 2021

These decrees establish new biosecurity requirements for entering and leaving Honduras by air and land during the COVID-19 pandemic. Travelers must present negative COVID-19 test results (PCR, ELISA or antigen) taken within 72 hours before arrival, or complete vaccination certificate, in addition to completing online pre-registration and mandatory mask use. It affects all national and foreign citizens traveling.

Whereas, in accordance with Article 245, numerals 2, 7, and 11 of the Constitution of the Republic, it is the responsibility of the President of the Republic, among other attributions, to direct the General Policy of the State and represent it; restrict or suspend the exercise of rights, in accordance with the Council of Ministers, subject to what is established in this Constitution; issue Agreements and Decrees and issue Regulations and Resolutions in conformity with the Law.

Whereas, in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has the supreme direction and coordination of the Centralized and Decentralized Public Administration, and may, in the exercise of his functions, act by himself or in Council of Ministers.

Whereas, the Council of State Secretaries, presided by the President of the Republic, has developed Working Tables to analyze the impact of the measures approved in the health sphere, to prevent contagion and save lives in the face of the Coronavirus Pandemic, including among these the gradual reopening of the national and international civil aviation sector.

Whereas, the Honduran Civil Aeronautics Agency (AHAC) is a decentralized entity of the State Secretariat in the Office of National Defense (SEDENA) and is the body responsible for issuing regulations, exercising supervision and oversight over all activities related to civil aviation that are carried out in the Republic of Honduras; in this regard, making use of the powers that the Law grants it, it prepared a TECHNICAL-OPERATIONAL STRATEGY FOR THE ACTIVATION OF COMMERCIAL AIR TRANSPORT, which is divided into four (4) phases that allow a gradual and progressive activation for the opening of the country's international airports, with the first phase comprising a series of preparatory actions based on two (2) axes, one sanitary consisting of the approval of biosecurity protocols presented by airlines and entities involved in airport activities, and the other consisting of ensuring operational safety through technical inspection of operators and airports; the second phase consists of the gradual activation of national flights; the third, in the gradual activation of international operations; and the fourth, in the definitive activation of all air activities.

Whereas, to give continuity to the TECHNICAL-OPERATIONAL STRATEGY FOR THE ACTIVATION OF COMMERCIAL AIR TRANSPORT, it is necessary to have the gradual and progressive opening of borders by air at the commercial level, adopting all biosecurity measures at the country's international airports, to prevent the spread of the COVID-19 Pandemic and to guarantee in this way the protection of the human person, which constitutes the supreme end of society and the State.

Whereas, due to COVID-19, some countries have established biosecurity provisions and migratory policies, restricting entries and exits to these countries; therefore, there is currently a number of Honduran citizens stranded abroad with expired or about-to-expire passports, and due to these provisions, they cannot request a new passport, which is necessary for the renewal of their residences and to avoid incurring fines or even to avoid being detained, among others, and it is necessary to seek alternative solutions for these fellow countrymen.

Whereas, through Executive Decree Number PCM-077-2020, published in the Official Gazette "La Gaceta" on August 9, 2020, the activation of commercial air transport was ordered, taking as a basis the TECHNICAL-OPERATIONAL STRATEGY FOR THE ACTIVATION OF COMMERCIAL AIR TRANSPORT.

Whereas, it is an inescapable duty of the President of the Republic, in Council of Ministers, to take the necessary actions to maintain order in the Nation and to make decisions in the economic sphere and security measures to protect the population.

Whereas, in accordance with Article 245, numerals 2, 7, and 11 of the Constitution of the Republic, it is the responsibility of the President of the Republic, among other attributions, to direct the General Policy of the State and represent it; restrict or suspend the exercise of rights, in accordance with the Council of Ministers, subject to what is established in this Constitution; issue Agreements and Decrees and issue Regulations and Resolutions in conformity with the Law.

Whereas, in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has the supreme direction and coordination of the Centralized and Decentralized Public Administration, and may, in the exercise of his functions, act by himself or in Council of Ministers.

Whereas, it is of national interest to guarantee the flows of regular travelers in an orderly and safe manner, the permanent promotion, support for the development and operation of national and foreign companies that operate internal and international public land transport services, with the purpose of contributing to the economic development of the country in all its aspects and manifestations.

Whereas, Honduras as a member of the International Covenant on Economic, Social and Cultural Rights, recognizes the right of every person to the enjoyment of the highest possible level of physical and mental health.

Whereas, the National Immigration Institute, declared a National Security Organism, is a Decentralized Entity of the State Secretariat in the Offices of Governance, Justice and Decentralization; it has, among other attributions, the authority to regulate the entry and exit of national and foreign persons and the permanence of the latter in Honduran territory; in this regard, making use of the powers that the Law grants it, it prepared a TECHNICAL-OPERATIONAL STRATEGY FOR THE GRADUAL AND CONDITIONAL REOPENING OF LAND BORDERS, articulated with the institutions that operate at the Land Borders of the country.

Whereas, the TECHNICAL-OPERATIONAL STRATEGY FOR THE GRADUAL AND CONDITIONAL REOPENING OF LAND BORDERS is divided into stages, in line with the provisions for gradual opening issued by the Government of the Republic, which will allow the gradual and conditional activation of land border operations for entry and exits of nationals and foreigners and of international land transport for passengers, in compliance with the biosecurity protocols established within the framework of the State of Emergency, decreed by the COVID-19 Pandemic and with the intervention of various government and private institutions that are involved in the operations and management of land borders.

Whereas, through Executive Decree Number PCM-097-2020, published in the Official Gazette "La Gaceta" on October 9, 2020, the Gradual and Conditional Reopening of Honduras's Land Borders was ordered, for entry and exit from the country of nationals and foreigners, taking as a basis the TECHNICAL-OPERATIONAL STRATEGY FOR THE GRADUAL AND CONDITIONAL REOPENING OF LAND BORDERS.

Whereas, through Executive Decree Number PCM-097-2020, published in the Official Gazette "La Gaceta" on October 9, 2020, the Gradual and Conditional Reopening of Honduras's Land Borders was ordered, for entry and exit from the country of nationals and foreigners, taking as a basis the TECHNICAL-OPERATIONAL STRATEGY FOR THE GRADUAL AND CONDITIONAL REOPENING OF LAND BORDERS established by the National Immigration Institute (INM) and the Protocols established by the State Secretariat in the Office of Health and the Honduran Institute of Land Transport (IHTT).

Whereas, it is an inescapable duty of the President of the Republic, in Council of Ministers, to take the necessary actions to maintain order in the Nation and to make decisions in the economic sphere and security measures to protect the population.

Whereas, Article 178 of the Constitution of the Republic recognizes to Hondurans the right to decent housing, for which the State must formulate and execute housing programs of social interest aimed at all sectors of the population.

Whereas, the right to housing is a human right that must be enjoyed without any discrimination.

Whereas, in accordance with what is established in Article 245, numerals 2 and 11 of the Constitution of the Republic, it is the responsibility of the President of the Republic to direct the general policy of the State and represent it, issue Agreements, Decrees, and issue Regulations and Resolutions in conformity with the Law.

Whereas, the President of the Republic has the supreme direction and coordination of the Centralized and Decentralized Public Administration. The President of the Republic, in the exercise of his functions, may act by himself or in Council of Ministers.

Whereas, Honduras is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), an instrument in which the States Parties recognize the right of every person to an adequate standard of living for himself and his family, including in this an adequate housing. Therefore, the States Parties shall adopt appropriate measures to ensure the effectiveness of this right.

Whereas, previously, the State of Honduras has authorized the creation of programs intended to benefit sectors of the population that provide special services to the Nation as a stimulus and support for the work carried out by them.

Whereas, the work carried out by health personnel implies an enormous personal and family sacrifice due to the risk caused by the high degree of exposure to the COVID-19 virus; this work has been provided without rest during long working hours, prioritizing the well-being of patients and the general population; and this sacrifice must be valued and rewarded with additional benefits that provide better conditions for health personnel.

Whereas, in the interest of uniformity in the enjoyment of benefits for access to improvement and access to housing, the Government of the Republic considers it necessary to create a direct bonus for housing financing intended for personnel of the State Secretariat in the Office of Health, such as the Telemedicine Service and Green Code Project, who are effectively participating in the care of patients infected by COVID-19 and in preventive actions to avoid its spread, so that this Program contributes to satisfying the housing need and covers the lack of financial capacity in accordance with their income.

Whereas, Article 247 of the Constitution of the Republic establishes that State Secretaries are collaborators of the President of the Republic in the orientation, coordination, direction, and supervision of the bodies and entities of the national public administration, in the area of their competence.

Whereas, Article 29 of the General Law of Public Administration stipulates that the State Secretariat in the Office of Economic Development is responsible for the formulation, coordination, execution, and evaluation of policies related to the promotion and development of industry, technology, promotion of investments, country image, industrial parks and free zones, the relationship of the national government with Employment and Economic Development Zones (ZEDE), national and international trade in goods and services, promotion of exports, economic integration, business development, private investment, science and technology, quality management, weights and measures, compliance with the provisions of consumer protection laws and defense of competition; the investigation, rescue, and dissemination of the cultural heritage of the nation, artistic education, and the identification, conservation, and protection of the historical and cultural heritage of the nation; the development of policies related to tourism, as well as promoting the development of the tourism supply and promoting its demand, regulating and supervising the provision of tourism services, and in general, developing all kinds of activities within its competence that tend to favor and increase investments and tourist flows, both national and foreign.

Whereas, the State Secretariat in the Office of Development, in accordance with the Current Legal Framework of Honduras, participates in different Governing Boards of Government Institutions.

Whereas, in accordance with what is established in Articles 30 and 33 of the General Law of Public Administration, as well as what is established in Article 24 of the Regulations on Organization, Functioning, and Competence of the Executive Branch, the State Secretary may delegate to the State Undersecretaries, General Secretary, and General Directors the exercise of specific attributions.

Whereas, Article 36, Numeral 6 of the General Law of Public Administration establishes as an attribution of the State Secretaries the issuance of the internal organization regulations of their respective offices.