Agreement-INHGEOMIN-08-02-2024

This agreement updates the fees charged by INHGEOMIN (Honduran Institute of Geology and Mines) for services to small-scale metal and gemstone miners, including inspections, environmental monitoring, and exports. Prices range from $600 to $2,000 USD depending on the service. It affects all small miners who need these services to operate legally.

Whereas, by Legislative Decree No. 238 – 2012 dated January 23, 2013 and published in the Official Gazette La Gaceta on April 2, 2013, the General Mining Law was approved and by Executive Agreement No. 042 – 2013 dated August 2, 2013, published in the Official Gazette La Gaceta on September 4, 2013, the Regulations of the General Mining Law were approved, thereby creating the Honduran Institute of Geology and Mines "INHGEOMIN", as the Mining Authority at the national level authorized to regulate mining activity, grant mining rights, supervise their exercise, consolidate its Registry, maintaining an updated database of mineral resources in the country accessible to interested parties; it also being responsible for certifying the quality and quantity of mineral resources prior to their exportation, through the different Customs offices of the Country, which shall serve as the basis for calculating national and municipal taxes.

Whereas Article 39 of the Regulations of the General Mining Law establishes that the Mining Authority is the entity authorized to grant permits for small-scale metallic mining and gemstones or precious stones. In the case of small-scale non-metallic mining, the granting of permits corresponds to the Municipal Authority.

Whereas, by Executive Agreement Number 088 B-2018 dated December 22, 2018 and published in the Official Gazette La Gaceta on April 29, 2019, the Special Regulations for Artisanal Mining and Small-Scale Mining (MAPE) were approved, considering that artisanal mining and small-scale mining activities generate economic growth in the communities where they are carried out, being of vital importance for their development.

Whereas Article 15 of the Special Regulations for Artisanal Mining and Small-Scale Mining (MAPE) establishes that Small-Scale Mining shall be subject to the tax rates and royalties that govern productive activities in the country for such purpose, in accordance with their production quantities, area and profits obtained; as well as to the service rates issued by the Mining Authority and Municipal Authority, as applicable.

Whereas Article 38 of the Special Regulations for Artisanal Mining and Small-Scale Mining (MAPE) establishes that the objective of MAPE under the conditions set forth in the applicable legal regulatory provisions to Artisanal Mining and Small-Scale Mining is to promote full employment, eliminate underemployment and unemployment, foster productivity and competitiveness, the accumulation of scientific and technological knowledge, while also promoting the development of mining at the national level. CONSIDERING: By Executive Agreement No. 126-2023, the Engineer CARLOS MAURICIO MARADIAGA ROBLES was appointed, effective May 8, 2023, by the President of the Republic of Honduras, to the position of Executive Director of the Honduran Institute of Geology and Mines "INHGEOMIN".

Whereas the acts of the Public Administration shall adopt the form of Decrees, Agreements, Resolutions or Directives.

Whereas Agreements shall be issued for particular decisions made outside the procedures in which participants intervene as interested parties and general acts issued in the exercise of regulatory authority. The reasoning in these acts shall be preceded by the designation of the authority that issues them and followed by the formula "AGREES".

Whereas Agreements, Resolutions and Directives shall be signed by the head of the body that issues them and authorized by the official indicated in the legal provisions.

Whereas the last modification to the rates and services provided by INHGEOMIN to the small-scale metallic mining and gemstones or precious stones sector was under Agreement No. 18/09/2021 published in the Official Gazette La Gaceta on October 4, 2021. This modification is now outdated regarding the costs to generate these services.