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August 15, 2018In force

PCM-53-2018

Poder Ejecutivo

  • Decree: PCM-53-2018
  • Published: August 15, 2018
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,719
  • Category: Commercial

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree creates the National Logistics Council (CNL), an organization under the Presidency responsible for designing policies to improve the supply chain, reduce transportation costs, and simplify import-export procedures. It benefits businesses, exporters, and consumers by making Honduras more competitive as a regional logistics platform.

Considerations

Whereas, in accordance with Article 245, numerals 2 and 11 of the Constitution of the Republic of Honduras, it corresponds to the Constitutional President of the Republic, among other attributions, to direct the general policy of the State and represent it; to issue Agreements, Decrees and to issue Regulations and Resolutions in accordance with the Law.

Whereas, in consonance with Article 4 of the General Law of Public Administration, reformed by Legislative Decree No. 266-2013, published on the twenty-third (23) of January 2014, it states that the creation, modification or suppression of the Secretaries of State or of Decentralized Organisms or Entities, can only be done by the President of the Republic in Council of Secretaries of State.

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

Whereas, as established in Article 14, numeral 1) of the General Law of Public Administration reformed by Legislative Decree No. 266-2013, the President of the Republic by Decree in Council of Secretaries of State may issue within the Centralized Administration, the norms required to determine the competence of the Offices by the Secretaries of State and to create the internal dependencies that may be necessary for proper administration.

Whereas, the Republic of Honduras is located in a privileged geographical position that facilitates excellent connectivity with other countries of the Hemisphere, which grants it competitive and strategic advantages to develop itself as a logistics platform for the region.

Whereas, the creation and development of logistics facilities can result in a significant reduction in maritime freight costs, given that they generate an increase in the frequency of use of means of transport, which form part of the supply logistics chain; and as all members of the chain are called to reduce inventory costs, increase the quantity and diversity of goods and inputs available for the local market, and enable a better scenario for timely supply, for the benefit of the industrial, commercial and consumer sector in general.

Whereas, all of the above makes it possible to raise the level of competitiveness of the country and of national exporters and, therefore, it is the obligation of the State to create the necessary conditions for the prompt development of logistics activities.

Whereas, by virtue of the geographical location of the country, it is imperative that it must have air, maritime and land infrastructure and the success of a competitiveness strategy depends not only on the times and costs of installation and development associated with it, but also on the use of simplified customs procedures, based on proven best international practices.

Whereas, to the extent that economic operators involved in the international logistics chain offer to the Customs Administrations a high level of guarantees in matters of security, including their certification as Authorized Economic Operators (AEO), they may benefit from simplified customs procedures.

Whereas, the country has invested in recent years in having appropriate infrastructure for the development of the country as a logistics platform for the region.

Whereas, in order to achieve such objectives, it is necessary that the State establish a clear norm that makes viable the logistics operations and services, adjusted to the best international practices, and that promotes national and foreign investment.

Articles

Article 1.-

The NATIONAL COUNCIL OF LOGISTICS (CNL) is hereby created as a governing body of logistics development policy, assisting in processes carried out with the private sector for economic development and improvement of the country's competitiveness. It shall be dependent on the Presidency of the Republic, to which it shall render direct account of its functioning.

Article 2.-

The National Council of Logistics (CNL) has as its main objective to propose to the President of the Republic a Logistics Development Policy that allows for efficient progress in order to coordinate, investigate, promote and develop specific actions to improve the processes of the logistics supply chain or value chain; as well as matters related to the optimization and rationalization of processes, reduction of timeframes, minimization of procedures for exports and imports, enhancement of efficient modes and multimodality, use of technologies, generation of statistics and other related matters, encompassing both the public and private sectors.

Article 3.-

The National Council of Logistics (CNL), to achieve its objective, shall coordinate the implementation of national policies regarding transportation, investments in infrastructure and regulation of international commerce that promote activities linked to the country's Logistics Sector, and shall ensure that the set of service systems necessary to cover wholly or in part the supply chain or value chain of goods and services are in accordance with national objectives.

Article 4.-

The functions of the National Council of Logistics (CNL) are:

  • a)

    To advise, formulate, evaluate and propose to the President of the Republic plans, programs and projects of national-impact logistics development to be implemented;

  • b)

    To recommend the formulation of studies for periodic comparative analysis of the state of national logistics development;

  • c)

    To propose technical standards necessary for greater development in logistics;

  • d)

    To promote the development of logistics through research, extension and dissemination actions;

  • e)

    To provide advisory services and propose strategies for the introduction of new technologies in the exploitation of logistics services;

  • f)

    To identify, analyze and recommend regulatory mechanisms for optimization and rationalization of processes concerning the reduction of timeframes, minimization of procedures linked with international commerce, in coordination with the corresponding governmental institutions;

  • g)

    To coordinate joint actions with other public and private organisms aimed at enhancing the efficiency, capacity and competitiveness of the logistics system;

  • h)

    To periodically report to the President of the Republic on the results of the Council, on the evolution and compliance of the National Logistics Plan in the country, the progress and difficulties recorded in its implementation;

  • i)

    To approve plans, strategies or national activities in logistics matters that contribute to the development of the country;

  • j)

    To propose modifications to the National Logistics Plan, based on its advances and changes that emerge in the discipline; and,

  • k)

    Such other functions as the President of the Republic may assign.

Article 5.-

The National Council of Logistics (CNL) has the responsibility to lead, implement, develop and monitor all actions that enable the country to become a Regional Logistics Platform and must coordinate its actions with national policies regarding transportation, investments in infrastructure and regulation of international commerce established by the Executive Branch.

Article 6.-

The National Council of Logistics (CNL) shall be comprised of: a) Three (3) Principal members and their respective Alternate from the Public Sector, appointed by the President of the Republic with voice and vote; and, b) Two (2) Principal members and their respective Alternates from the Private Sector, appointed by the Honduran Council of Private Enterprise (COHEP), with voice. The Presidency of the CNL may only be held by representatives of the public sector and shall be appointed by the President of the Republic. In addition to its principal members, the CNL shall form a Working Committee that shall be responsible for managing and proposing to the CNL the work plan to be developed and shall be integrated by the highest authorities of the following institutions:

  • a)

    Secretariat of State in the Office of General Government Coordination (SCGG);

  • b)

    Secretariat of State in the Offices of Infrastructure and Public Services (INSEP);

  • c)

    Secretariat of State in the Office of Economic Development (SDE);

  • d)

    Secretariat of State in the Office of Finance (SEFIN);

  • e)

    The Sanitary Regulation Agency (ARSA);

  • f)

    The Customs Administration;

  • g)

    National Service of Agro-food Sanitation and Safety (SENASA);

  • h)

    National Port Enterprise (ENP);

  • i)

    Honduran Institute of Land Transportation (IHTT); and,

  • j)

    Other entities proposed by the CNL. In case of temporary absence of one of the Working Committee members, the immediately lower authority shall be named as substitute. The members of this Council and Committee must perform their functions in an honorary capacity.

Article 7.-

The National Council of Logistics (CNL) shall have the support of a Technical Unit of Logistics Execution (UTEL), primarily responsible for monitoring the execution of activities assigned by the CNL, with the National Council of Logistics required to submit to the Presidency of the Republic a quarterly report of progress. The decisions issued by the CNL must be monitored through the UTEL in order to provide follow-up and ensure compliance.

Article 8.-

The Coordinator of the UTEL shall be the Secretary of the CNL, who shall convene ordinary sessions once per month and extraordinary sessions at the request of at least three (3) of its members; furthermore, persons deemed convenient by the CNL may participate as invitees according to the needs of the subject matter to be addressed. There shall be quorum for CNL sessions when at least three of the principal members or their respective alternates are present either in person or through any other means. Decisions must be approved by simple majority of the CNL members. In case of a tie, the President of the Council has a tiebreaking vote. In case of temporary absence of the President, the Presidency may be assumed by another member, who shall be designated by the President of the Council.

Article 9.-

For the fulfillment of the UTEL's functions, an annual budget allocation shall be provided within the budget of the Presidency of the Republic. For the fulfillment of the CNL's objective, it may also be financed by external cooperation and contributions from the Private Sector through the UTEL.

Article 10.-

The UTEL shall be the technical support body to the CNL, which must be staffed by professionals specialized in logistics matters and shall be responsible for coordinating and monitoring the execution of assigned activities. The unit must be headed by a Coordinator, appointed by the CNL, who must be a university professional in logistics matters or a related field, and preferably must have experience and knowledge in this area in both the public and private sectors.

Article 11.-

The functions of the UTEL are the following:

  • a)

    To support the National Council of Logistics (CNL) in the planning of actions to ensure the diligent execution of its functions;

  • b)

    To coordinate with the members of the Working Committee of the National Council of Logistics (CNL) and other public and private institutions linked to the logistics sector at the national level, the aspects to be submitted for approval of the Council;

  • c)

    To coordinate with the corresponding bodies the preparation of the National Logistics Plan;

  • d)

    To monitor the activities of the entire National Council of Logistics (CNL) and the impact of the plans and actions on its performance, as well as preparation of periodic reports;

  • e)

    To support the Secretary of the National Council of Logistics (CNL) in the convening of sessions;

  • f)

    To prepare the Agenda and draft the corresponding minutes of each session;

  • g)

    To follow up on the decisions and agreements taken by the National Council of Logistics (CNL);

  • h)

    To prepare the necessary base documents to inform the National Council of Logistics (CNL); and,

  • i)

    Other functions that the National Council of Logistics (CNL) may assign.

Article 12.-

For the functioning of the CNL and UTEL, manuals and internal regulations formulated by the Technical Unit of Logistics Execution (UTEL) and approved by the National Council of Logistics (CNL) shall be developed.

Article 13.-

This Decree shall enter into force as of the date of its publication in the Official Journal "LA GACETA". Done in the Constitutional Hall in the city of Tegucigalpa, Municipality of the Central District, on the sixth (06) day of the month of August of Two Thousand Eighteen (2018). BE IT COMMUNICATED AND PUBLISHED.

Notes

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