Special Registry of Contribution Exempted Persons

The General Directorate of Control of Customs Exemptions (DGCFA) is instructed to create a Special Registry of Exemptions from Special Contributions of the Financial Sector with the objective of simplifying the application of exemptions established in Articles 9 and 44-A of the Law of Population Security, its reforms and interpretations.

The Special Registry of Exemptions from Special Contributions of the Financial Sector must register: 1. Diplomatic missions, consular offices, international organizations, Cooperation Agencies and Executing Institutions dependent on Foreign Governments in accordance with International Treaties or Conventions of which Honduras is a party. 2. Companies that administer the receipt of remittances from abroad. 3. Water Boards or Juntas de Agua with legal personality duly accredited by the Secretariat of State in the Office of Justice, Interior and Decentralization. 4. Religious institutions accredited by the Secretariat of State in the Office of Justice, Interior and Decentralization. 5. Humanitarian and Development Organizations approved by the Secretariat of State in the Office of Justice, Interior and Decentralization. 6. Private Financial Development Organizations (OPDF). 7. Persons who carry out financial operations generated as a result of the sale or commercialization of products regulated by the State, for example fuels. 8. Cooperatives legally established and recognized by the National Supervisory Council of Cooperatives (CONSUCOOP). 9. Foreign Exchange Houses legally constituted and authorized by the National Commission of Banks and Insurance (CNBS).

The persons described in numerals 2, 7 and 9 of the previous Article, in the application for the Certificate of Registry of Exemptions, must present: 1. A maximum of two certificates of accounts opened in any banking institution of the financial system. 2. Sworn Declaration of the Legal Representative stating that the account or accounts opened in the banking institution is exclusively for carrying out the financial operations described in numerals 2, 7 and 9 of the previous Article, as applicable. The certificate issued by the banking institution must state that the account or accounts, in accordance with the information provided by the client, will be used exclusively for carrying out the aforementioned operations.

The General Directorate of Control of Customs Exemptions (DGCFA) must issue the Certificate of Registry of Exemptions within a maximum period of ten (10) business days counted from the date on which the persons have provided all documents and digital supports to said General Directorate. The delivery of the Certificate of Registry of Exemptions must be carried out once the payment of exactly two hundred Lempiras (L 200.00) is verified as payment for issuance of administrative acts established in Article 49 Numeral 8 of Decree No. 17-2010. The Certificate of Registry of Exemptions shall have a validity period of one (1) year, and in the event that its expiration falls on a non-business day, it shall be understood to be extended until the first business day following, in accordance with what is established in Article 14 Numeral 7 of the Tax Code contained in Decree No. 170-2016.

The benefit of exemption from payment of Special Contributions of the Financial Sector established in Article 9 of the Law of Population Security must be applied as follows: 1. Institutions of the Public Administration must present to Financial Institutions a certified copy of the Authorization for opening an account in said Institutions, issued by the General Treasury of the Republic. 2. The persons described in Article 2 of this Agreement must present to financial institutions the Certificate of Registry of Exemptions and a copy of the Sworn Declaration of the Legal Representative presented to the General Directorate of Control of Customs Exemptions (DGCFA) in accordance with what is provided in Article 3. 3. Foreign diplomatic personnel accredited to the State of Honduras as well as other personnel with diplomatic rank of diplomatic missions, consular offices, international organizations, cooperation agencies in accordance with International Treaties or Conventions of which Honduras is a party, must present: a. The Diplomatic Identification Card or other types of special identification card issued by the Secretariat of State in the Office of Foreign Relations and International Cooperation pursuant to Basic and Special Agreements signed between the Government of the Republic of Honduras; and, b. The Certificate of Registry of Exemptions of the entities to which they belong.

The General Directorate of Control of Customs Exemptions (DGCFA) is instructed to do the following:

• 1)

  Notify Financial Institutions monthly of the list of persons registered in the Special Registry of Exemptions;

• 2)

  Publish the aforementioned list on the Web Portal of the Secretariat of State in the Office of Finance. 3. Create an automated consultation mechanism for persons registered in the Special Registry of Exemptions.

Non-compliance with the formal obligation of registration in the Special Registry of Exemptions must be sanctioned in accordance with what is established in the Tax Code contained in Decree No. 170-2016 published in the Official Gazette La Gaceta dated December 28, 2016 and the Regulations of the Registry of Exemptions contained in Agreement No. 017-2017 published in the Official Gazette La Gaceta dated April 8, 2017.

This Agreement shall enter into force on the day of its approval and must be published in the Official Gazette "La Gaceta". BE COMMUNICATED AND PUBLISHED, WILFredo cerraTo rodrÍGueZ Secretary of State in the Office of Finance cÉSar VIrGILIo aLcerro GÚNera General Secretary