Agreement between the United Nations and the Republic of Honduras on Measures to Accelerate the Import, Export and Transit of Shipments

Definitions For the purposes of this Agreement: 1.1 By "Disaster" is understood: A serious disruption of the functioning of society, which causes great loss of human life, material loss or environmental damage and exceeds the capacity of the affected society to cope with it using its own resources. The term encompasses all disasters regardless of their cause (that is, of natural origin or caused by man). 1.2 By "Disaster relief personnel" is understood: Persons, groups of persons, teams and units constituted that provide humanitarian assistance within the framework of a United Nations relief operation. The following are examples of disaster relief personnel that may act in any disaster case: United Nations Delegates; Experts on mission on behalf of the United Nations; Emergency intervention personnel responsible for assisting refugees and internally displaced persons; International search and rescue teams; Medical teams; Specialized teams provided by foreign military, civil defense and civil protection organizations (RMDC teams-military, civil defense resources); United Nations Disaster Assessment and Coordination Team (UNDAC). 1.3 By "Articles in the possession of disaster relief personnel" is understood: All equipment, supplies, provisions, personal effects and other articles sent to or transported by disaster relief personnel in order to fulfill their obligations, and to help such personnel to live and work in the country where the disaster has occurred during the entire duration of their mission. 1.4 By "Relief shipments" is understood: Goods, such as vehicles and other means of transport, food, medicines, clothing, blankets, tents, prefabricated houses, water purification and storage equipment, or other essential goods sent as aid to persons affected by the disaster. 1.5 By "United Nations relief operations" is understood: Assistance and/or intervention, by the United Nations, by a United Nations body or on its behalf, during or after the disaster to meet basic needs for protection of life and subsistence. This operation may be of an emergency or prolonged nature. 1.6 By "Emergency" is understood: A sudden event, and generally unforeseen, that requires the adoption of immediate measures to reduce its adverse consequences.

Organizations participating in United Nations relief operations These Organizations are: - United Nations (UN). - United Nations bodies. - Intergovernmental organizations (IGO), intergovernmental (IGO) and non-governmental (NGO) certified by the United Nations as authorized participants within the framework of United Nations relief support. - Carriers contracted by the United Nations, a body of the United Nations or a GOV/IGO/NGO authorized by the United Nations for the transport of shipments in relief shipments and articles in the possession of disaster relief personnel.

Facilitation measures for United Nations relief operations The Government of the Republic of Honduras agrees: 3.1 With respect to exports: 3.1.1. To eliminate any prohibition or economic restriction on exports, as well as all export duties or taxes, with respect to goods contained in relief shipments intended for countries that have suffered disasters or in the possession of disaster relief personnel; 3.1.2. To accept on export, as a general rule, written statements prepared by the United Nations, its bodies, or organizations participating in United Nations relief operations, as specified in Article 2 of this Agreement, of relief shipments as proof of the content and intended use of such shipments; 3.1.3. To adopt the measures necessary so that the customs authorities at the places where exports are made are in a position to:

• a)

  examine quickly, only when necessary for reasons of security and/or drug control/contraband, and when appropriate, applying the sampling system or selective techniques, taking into account the summary declaration, the content of relief shipments and articles in the possession of disaster relief personnel, and certify the results of this examination related to that declaration,

• b)

  when possible, place these shipments under customs seal when this measure allows avoiding delays in the shipment of goods in the final stages of transport;

• c)

  Allow these shipments to be presented for customs clearance at any approved customs office, and in the case of States where there are emergency warehouses, prior to the need to proceed with actual export; and,

• d)

  Allow these shipments to be placed in customs warehouses for subsequent export, in order to provide humanitarian assistance; 3.2 With respect to transshipment or transit: 3.2.1. To allow operators, under the supervision of the corresponding public authorities, to unload transshipment cargo, including shipments in containers and pallets, so that they can select and reorder shipments for further transport without examination of the same, except for reasons of security or in special circumstances, and subject only to the provision of simple documentation when necessary; 3.2.2. Insofar as possible, to facilitate the transport of relief shipments and articles in the possession of disaster relief personnel that are in customs transit, taking duly into account all measures adopted in accordance with paragraph 3.1.3, above; 3.3. With respect to imports: 3.3.1. To permit the admission free of import duties and taxes, or levies that have an equivalent effect, and free from any prohibition or economic restriction on imports with respect to a) All relief shipments imported by the United Nations or its bodies, or by organizations participating in relief operations in case of disaster undertaken by the United Nations, as indicated in Article 2 of this Agreement, for free distribution by these bodies, or under their control, to disaster victims in its territory, especially when these shipments consist of food, medicines, clothing, blankets, tents, prefabricated houses or other essential articles; b) articles in the possession of disaster relief personnel providing humanitarian assistance; 3.3.2. To facilitate temporary admission, with conditional exemption from import duties and taxes, of all equipment needed by the United Nations or its bodies or organizations participating in relief in case of disaster, as detailed in Article 2 of this Agreement, and used by them under their control in actions undertaken to alleviate the effects of a disaster and, whenever possible, without requiring a guarantee, but preserving the commitment made by these organizations to re-export the equipment; This equipment includes, among other things, the following - transmission and communication equipment; - water purification and storage equipment; - all equipment, machinery, instruments and electronic devices needed by technical specialists, for example, doctors, engineers, communications technicians, logistics officers, community workers, and to fulfill their obligations; - equipment not directly related to relief operations but used to address and overcome the consequences of natural disasters and similar disasters, for example, for the removal of contamination from buildings and territories, inspection of industrial structures, etc.; - items for administrative activities, for example office equipment, computers, photocopiers and typewriters, consumable supplies, items for personnel safety and administrative manuals and documents; - tents, prefabricated and mobile units for personnel accommodation and related materials, including kitchen and dining equipment and other supplies, sanitary items and items for safety in facilities; - articles in the possession of disaster relief personnel; - means of transport and spare parts, and equipment for their repair; - animals for rescue operations, for example specially trained dogs; 3.3.3. To authorize, and take appropriate arrangements so that relief shipments, including shipments found in containers and pallets, and articles in the possession of disaster relief personnel, may be examined and/or released outside the hours and places normally established, and to eliminate all charges for customs storage; 3.3.4. To allow operators and importers to submit the customs manifest and details on the entry of products before the arrival of relief shipments in order to facilitate immediate release; 3.3.5. To perform, when necessary, a physical examination of the cargo, in the form of sampling or on a selective basis, and to perform these examinations as quickly as possible; 3.3.6. To make arrangements so that the greatest possible number of relief shipments can pass through customs quickly after their arrival, by means of submission of a provisional import document or a legally acceptable electronic equivalent, subject to compliance, within a fixed period, with customs requirements and other requirements.

Application of facilitation measures The measures provided for in Article 3 shall apply: - to relief shipments and articles in the possession of disaster relief personnel sent to areas affected by disasters by any of the organizations mentioned in Article 2 of this Agreement; - by customs at the points of entry and/or exit, whether or not informed by the higher administration about a certain relief shipment and/or articles in the possession of disaster relief personnel.

Special adjustments The United Nations and the Government of the Republic of Honduras may enter into special adjustments to this Agreement.

Non-waiver of immunity clause Nothing contained in this Agreement shall be considered a waiver, express or implied, of any immunity, judgment or legal proceedings, or of any privilege, exemption or immunity enjoyed, or which may be enjoyed, by the United Nations and its personnel under the Convention on Privileges and Immunities of the United Nations approved by the General Assembly on February 13, 1946.

Entry into force, amendment and denunciation 7.1. This Agreement shall enter into force within 10 days after its signature by both parties. 7.2. This Agreement may only be amended by written instrument signed by both parties. 7.3. This Agreement may be denounced by either party within 90 days after its written notification to the other party. II. Communicate this Agreement for the corresponding legal purposes. LET IT BE COMMUNICATED: ROBERTO MICHELETTI BAÍN Secretary of State in the Office of Foreign Affairs. CARLOS LÓPEZ CONTRERAS National Congress Secretariat CERTIFICATION The undersigned, First Secretary of the National Congress CERTIFIES: Point No. 10, numeral 2) of Record No. 56, which contains the session held on Wednesday, the thirteenth of January of two thousand ten that literally states: "10.- With the permission of the Chamber the following matters were presented: CORRESPONDENCE. a) Official Letter No. 022-2010-MP-GM, dated January 7 of this year, sent by the Secretary of State in the Office of the Presidency, presenting the proposal to form the Board of Directors of the Authority for Protection of the Lake Yojoa Basin (HONDULAGO), in accordance with Article 9, of the Law for Protection of the Lake Yojoa Basin and Article 65 of its Regulation, made up of the following citizens: * JORGE ALBERTO PALMA GUTIÉRREZ, of legal age, Forest Engineer, married, Honduran and of this address, with Identity Card No. 0601-1947-00469, as General Director. * MARIO ENRIQUE CHINCHILLA GUERRA, of legal age, married, Lawyer, Honduran and of the address of the Central District, with Identity Card No. 0801-1953-03770, as Legal Director. * LUIS ERNESTO MALDONADO CRUZ, of legal age, married, Bachelor of Business Administration, Honduran and of this address, with Identity Card No. 0318-1978-00086, as Administrative and Financial Director. * MAURICIO FERMÍN RECONCO FLORES, of legal age, married, Agronomist Engineer, Honduran and of this address, and with Identity Card No. 0801-1960-00545, as Environmental Director. The present proposal is opened for discussion in its sole debate. Sufficiently discussed. It is approved. It is approved. The honorable deputy Adriana de Jesús Guevara Moncada intervened in this regard." This certification is issued in the city of Tegucigalpa, municipality of the Central District, on the nineteenth day of the month of January of two thousand ten. CARLOS ALFREDO LARA WATSON FIRST SECRETARY OF THE NATIONAL CONGRESS 23 E 2010.