Agreement 1618-97 - Agricultural Quarantine Regulations

This Regulation aims to establish the technical, administrative, and procedural provisions to preserve the agricultural and livestock sanitary status of the country through actions to prevent the introduction, establishment, and dispersal of pests and diseases of economic, quarantine, and social importance that threaten human and animal health and the phytosanitary status of the country.

It shall be the responsibility of the Secretary of Agriculture and Livestock (SAG) of SENASA to regulate, enforce, prohibit the production, importation, exportation, internal movement, and existence of animals, plants, their products and by-products and inputs for agricultural use, means of transport, and other means that may be carriers or transporters of pests, diseases, and other agents harmful to human and animal health, phytosanitary status, and the environment.

SENASA, through the Technical Subdirection of Animal Health and the Technical Subdirection of Plant Health, shall be the competent authority for the implementation and enforcement of this Regulation.

Without prejudice to the inherent faculties of the Secretaries of State in the Ministries of Industry, Commerce and Tourism, Finance, Interior and Justice, Public Health, Natural Resources and Environment, the projects of International Treaties, Conventions, or Agreements relating to matters covered by this Regulation shall be reported and agreed upon with SENASA. CHAPTER II DEFINITIONS

For the purposes of this Regulation, the following definitions are established: Accreditation: Delegation of powers in phytosanitary or zoosanitary matters, which will authorize SAG to natural or legal persons that meet the requirements established in the specific regulations. Harmonization: The establishment, recognition, and application of common sanitary and phytosanitary measures by the contracting parties, based on standards, guidelines, and recommendations of international conventions, codes, or treaties. Risk Analysis: The evaluation through pest and disease risk analysis methods based on biological and economic evidence of the reality of the entity, account, or spread of pests or diseases in the national territory or in the region according to the sanitary or phytosanitary measures applicable in the case, as well as the possible related biological and economic consequences; evaluation of the possible harmful effects on the health of plants and animals, the presence of additives, contaminants, toxins, or pathogenic organisms in food products, feed, and beverages. Animal: Any living being belonging to the Animal Kingdom. Free Area: A determined country, part of a country, complete countries, or parts of various countries that have been officially defined where the specific pest or disease is not present and within which, when appropriate, that condition is being officially maintained. Competent Authority: Official Animal Protection or Plant Protection Organization of a country, as well as its officials responsible for enforcing the relevant legislation. Agricultural and Livestock Quarantine Authority: SENASA, the Technical Subdirections, and its officials responsible for enforcing the relevant legislation. Shipment: A set of plants, products, or by-products of animal or plant origin, or inputs for agricultural use, including packaging, stored in warehouses or containers in a means of transport. Phytosanitary or Zoosanitary Certificate: Official document issued by the competent authority of the exporting country, by which it is certified that the inputs, plants, products, and by-products of animal or plant origin guarantee that they have been inspected following proper procedures, comply with the requirements of the importing country, and their potential risk as carriers of pests of social or economic importance. Zoosanitary Code: A technical instrument adopted by the country to facilitate international exchanges of animals, products, and by-products of animal origin and inputs for animal use, which details the requirements and sanitary guarantees that are necessary to require and establish to avoid the risk of introducing diseases associated with commercial exchanges. Quarantine: A set of technical, legal, and administrative measures established to prevent the introduction, establishment, and dispersal of a pest or disease, or to ensure its eradication. External Quarantine: A set of technical, legal, and administrative measures established to prevent the introduction into the country of pests, diseases, or any other harmful organism that may be carriers of diseases or any other means capable of causing these effects. Fiduciary Quarantine: Quarantine conducted outside an official quarantine station and executed by a private or accredited veterinarian, in full enjoyment of his professional rights, under the official supervision of SENASA. Internal Quarantine: A set of technical, legal, and administrative measures established with the purpose of preventing the dispersal within the country of exotic pests and diseases of recent introduction, endemic and enzootic of quarantine, economic, and social importance. Post-Entry Quarantine: A set of technical, legal, and administrative measures applied after entry to animals, plants, products, and by-products of animal and plant origin and inputs for agricultural use, from places of high phytosanitary or zoosanitary risk, or to which a potential risk for human or animal health, plant health, and the environment has been technically and scientifically proven in the entry process. Seizure: Confiscation by competent authorities of animals, plants, products, and by-products of animal and plant origin and inputs for agricultural use that have caused an infraction or that are potential dangers as transmitters, carriers, or spreaders of pests and diseases, contaminants, or any other danger that puts at risk human and animal health, plant health, and the environment. Denaturalization: Modification of the physical and chemical properties of a material. Destruction: Elimination through physical or chemical methods. Disinfection: Operation whose main objective is to eliminate pathogenic agents responsible for diseases in animals and plants, including zoonoses. Disinfestation: Operation to eliminate internal and external arthropod parasites. Return: Reshipment of animals, plants, products, or by-products of animal or plant origin and inputs for agricultural use, destined to the country of origin or source or any other country. Disease: Alteration of the normal state of the body of an animal or any of its organs, which interrupts or disturbs the normal functioning thereof. Quarantine Station: An enclosure where animals or plants are kept in quarantine to be subjected to observation during a variable period and various control tests, with the objective of verifying that they are not affected by pests and diseases. Phytosanitary and Zoosanitary Inspection: Official visual observation, direct or with the aid of instruments, of animals, plants, products, and by-products of animal or plant origin, means of transport, crops, stored products, storage places, equipment and facilities or processing plants, with the purpose of detecting pests and diseases or any other abnormality that may affect human or animal health, plant health, and the environment. Inputs for Agricultural Use: Any product used in the development of activities in plants for pest and disease control such as pesticides, biological organisms beneficial to agriculture such as parasitoids and entomopathogens, veterinary products, biologics and other related substances, or in agricultural production such as fertilizers, plant nutrients, growth regulators, adjuvants (adhesives, emulsifiers) and other related products; animal feed, vegetable propagative materials (seeds, cuttings, slips, buds, and others) and animals (semen, embryos, and ova), as well as biotechnological materials. They include organic fertilizers and soil. Lot: A number of units of the same animal or plant species, product of animal or plant origin, or input for agricultural use. Phytosanitary or Zoosanitary Measure: Any provision issued by competent authority and based on law or regulation, which includes, among others, the criteria established for the final product; methods of processing and production, testing, inspection, certification, and approval procedures, requirements related to the transport of animals or plants or materials necessary for their subsistence during transport, provisions related to statistical methods, sampling procedures, and risk evaluation methods relevant; prescriptions regarding packaging and labeling directly related to food safety to protect the life and health of persons, the life and health of animals, or to preserve plants. Means of Transport: Seagoing or river vessels; aircraft; land automobiles, such as trains, cars, trailers, motorcycles; containers or similar. International Standard: Considered as such are the conventions, codes, or international treaties ratified by the State of Honduras, codes or international treaties that govern the international movement of plants, animals, products, and by-products of the same origin, as well as agricultural inputs. Agricultural and Livestock Quarantine Officer: The official authorized by SENASA to comply with and enforce the provisions of this agricultural and livestock quarantine regulation. Phytosanitary or Zoosanitary Import Permit: Official document issued by the Technical Subdirections of Animal Health or Plant Health as appropriate, in which the phytosanitary and zoosanitary requirements and procedures that must be met for the importation of animals, plants, by-products of animal or plant origin, and agricultural inputs are established, before, during, and after their entry into the country. Phytosanitary or Zoosanitary Transit Permit: Official document issued by the Technical Subdirections of Animal Health or Plant Health, as appropriate, in which the phytosanitary or zoosanitary requirements and procedures that animals, products, and by-products of animal and plant origin, and agricultural inputs must comply with are established, as well as the means of transport when entering and transiting through the national territory with destination to another country. Incubation Period: Refers to the longest period between the penetration of the pathogenic agent in the animal or plant and the presence of the first symptoms of the disease. Period of Infectiousness: Refers to the longest period during which an infected animal can be a source of infection. Pest: Any species, race, or biotype of animal or plant or harmful pathogenic agent to animals, plants, products, and by-products of animal or plant origin. Quarantinable Pests or Diseases: Those that due to their high degree of attack, infectiousness, transmissibility, dispersal, and wide range of hosts, constitute a serious risk to human or animal health, plant health, or the environment, even when they exist or do not exist under official control; if they exist, they do not have, for the most part, sufficient evidence of control if they are under official control. Exotic Pests or Diseases: Those independent of their etiological agent, whose presence has not been diagnosed in any area of the national territory, or if it had occurred has been eradicated. Product of Animal Origin: Any animal slaughtered by slaughter, hunting, or harvest, whose body or part thereof is intended for food, agroindustry, pharmaceutical industry, or other uses related to industry, as well as the results of the metabolic processes of animals, which are used as food or raw material for industry. Product of Plant Origin: Any material of plant origin harvested, extracted, or obtained, which is intended, in part or in whole, for food, agroindustry, pharmaceutical industry, and other sectors related to industry. Pathological Products: Strains of infectious agents, samples of infected material or parasites extracted from living animals or excretions, infected material or parasites extracted from living animals or excretions and tissues of organs from dead animals that are sent for diagnosis in specialized laboratories or for differentiation. Precertification: Use of one or any combination of quarantine procedures that lead to the issuance of a phytosanitary or zoosanitary certificate issued by the competent authority of the country of origin, carried out prior agreement and provided that it is technically justified by officials of the Plant or Animal Protection Organization of the country of destination or suspend them. Agricultural and Livestock Quarantine Post: A local facility, booth, or gatehouse with office and laboratory facilities, where Agricultural and Livestock Quarantine Officers are located and serves as a center of action and attention to activities related to the matter. Sanitary Slaughter: Operation executed by the veterinary administration when a disease of high economic or social risk is confirmed, consisting of producing death by physical or chemical means of one or several diseased or infected animals or those exposed to contagion. SAG: Secretary of Agriculture and Livestock. SENASA: National Service of Agricultural and Livestock Health. Technical Subdirections: The Technical Subdirection of Animal Health and the Technical Subdirection of Plant Health. By-products: Product of animal origin, or product of plant origin, processed, which based on risk analysis proves that can be carriers or transporters of agents harmful to human or animal health, plant health, or the environment. Fee: The value of the real cost of the services provided by SENASA. Treatment: Any action, physical, chemical, or biological that is applied to animals, plants, products, and by-products of animal and plant origin, in cultivation, storage, or means of transport, to installations, means of transport, or any merchandise, with the purpose of eliminating pests or diseases. Plants: All beings of the Plant Kingdom. SECOND TITLE OF AGRICULTURAL AND LIVESTOCK QUARANTINE CHAPTER I OF THE IMPORTATION OF ANIMALS, PLANTS, PRODUCTS, AND BY-PRODUCTS OF ANIMAL AND PLANT ORIGIN AND INPUTS FOR AGRICULTURAL USE

The entry into Honduras of animals, plants, products, and by-products of animal and plant origin and products and inputs for agricultural use shall be subject to compliance with the standards established in this Regulation and other regulations that SENASA establishes for this purpose, through the Technical Subdirections.

The importation of animals, plants, products, and by-products of animal and plant origin, products, and inputs for agricultural use shall be subject to obtaining a phytosanitary or zoosanitary import permit. It shall be issued to the interested party upon request, in accordance with what is established in the corresponding import requirement manuals that SENASA will prepare for this purpose. The authority of the phytosanitary or zoosanitary permit shall be carried out with a minimum of 15 days in advance of the arrival in the country of the corresponding importation, except in exceptional cases that will be contemplated in the corresponding technical procedure manuals.

The Technical Subdirections shall study the requests presented, analyzing in advance to establish requirements, restrictions, and prohibitions on the total or partial importation indicated in the request, in accordance with risk analyses and scientific evidence.

When for research purposes the importation of animals, plants, products, and by-products of animal and plant origin or products and inputs for agricultural use is required, which represent a risk to human or animal health, plant health, or the environment, by universities, research institutes, or any other public or private entity of national or international character based in the country, this may only proceed when SENASA so directs, complying with all the safety specifications that the case requires, such as post-entry quarantines, which shall be established by the Technical Subdirections in charge, in coordination with the National Committees of Animal Health and Plant Health.

Phytosanitary or zoosanitary permits shall have a validity of 30 days from the date of their issuance and may be revalidated provided that their expiration does not exceed 5 calendar days. However, the Technical Subdirections may, when necessary, modify or cancel it when there is a change in the sanitary status of the animal to be exported or for any other reason that justifies it phytosanitarily or zoosanitarily, in accordance with the regulations that such Subdirections establish for this purpose.

The units, lots, or shipments that are imported shall be accompanied by the respective phytosanitary or zoosanitary certificate, which shall indicate that the animals, plants, products, and by-products of animal and plant origin guarantee that they are in good phytosanitary or zoosanitary condition and comply with the requirements established in the respective technical manuals. The certificate shall be issued by the competent authority of the country of origin or source and shall conform to the model that appears as an annex to the text of the International Plant Protection Convention (IPPC), in the case of plants, products, and by-products of plant origin, and to the International Office of Epizootics (OIE), in the case of animals, products, and by-products of animal origin. In the event that it is considered necessary, the certificate of origin may be required.

The zoosanitary certificate from the country of origin must be reviewed under the diplomatic regime honored in that country. This requirement is excepted for zoosanitary documents that accompany shipments from countries with which there are exchanges on the matter.

Phytosanitary certificates shall not be required for fruit juices or extracts; fruits, vegetables, legumes, and edible parts of plants that are prepared and packaged in their juice or in other liquid substances; fruit pulps and hard and soft pastes; mixtures and preparations; lyophilized products; liquid mixtures for mastication of data and prepared sauces; and other products and by-products that the Technical Subdirection of Plant Health, following the corresponding risk analysis, considers do not pose a phytosanitary danger to the country.

Small quantities of plants, products, or by-products of plant origin arriving by mail, specialized postal systems, or brought by passengers from abroad may be exempted from the phytosanitary permit and the phytosanitary certificate of origin, but they cannot, however, be introduced into the country without compliance with the phytosanitary requirements established for such materials. The provisions of this Article are excepted for both sexual and asexual materials intended for planting, propagation, multiplication, or grafting.

When there is no scientific or technical evidence that a pest or disease can be controlled with the applicable phytosanitary or zoosanitary measures, the Technical Subdirections may establish provisional precautionary measures, which shall range from rejection, limitation of entry, and conducting inspections and other measures.

The Technical Subdirections shall update and periodically publish those tariff items and sub-items whose importation requires phytosanitary and zoosanitary requirements. As well as the lists of products and by-products of animal and plant origin not included in the tariff items and sub-items.

Any person coming from abroad who brings with them animals, plants, products or by-products of animal or plant origin, or products and inputs for agricultural use, is obligated to declare them before the competent authorities, for purposes of compliance with the provisions contained in this Regulation and in the corresponding technical manuals on the subject.

The introduction into the country of animals, plants, products and by-products of animal and plant origin produced and agricultural inputs in diplomatic service pouches shall be subject to the provisions contained in this Regulation and in its regulatory norms.

The requirements and conditions under which entry of animals, plants, products and by-products of animal and plant origin, products and agricultural inputs are authorized shall be verifiable through review of the documents that support them and through inspection, and shall be enforced by the Agricultural Quarantine Officer located at the authorized entry site, in accordance with that established in the respective technical manuals.

If the phytosanitary or zoosanitary inspection should reveal the existence of pests, diseases, living organisms or any other alteration related to contamination, decomposition or presence that represents a risk to human or animal health, plant health or the environment, or if any of the requirements established in this Regulation or in its regulatory provisions have not been met, the animals, plants, products and by-products of animal and plant origin and agricultural inputs may be subjected to special treatment, including quarantine, return to the country of origin or provenance, sanitary slaughter or destruction.

Animals, plants, products and by-products of animal and plant origin and agricultural inputs that are not claimed and that are considered abandoned shall be seized and subjected to destruction or sanitary slaughter or to any other procedure that guarantees their safety in accordance with that established in the corresponding technical manuals.

The costs incurred by the application of treatments, return, slaughter or destruction shall be charged to the owners, representatives or creditors thereof. The fees shall be defined by SENASA in a specific regulation that shall be updated periodically. The application of these measures shall not entitle any indemnification.

For the return of animals, plants, products and by-products of animal and plant origin, products and agricultural inputs, when there is doubt that according to the provisions this possibility exists, a maximum period of ten calendar days shall be granted, after which, if the return should not be carried out, sanitary slaughter or destruction shall be ordered without right to any indemnification.

While proceeding with the return, animals, plants, products and by-products of animal and plant origin, products and agricultural inputs, subjected to the prohibition contained in Article 23, shall remain under quarantine conditions.

The phytosanitary or zoosanitary measures adopted by the Technical Subdirections in compliance with this Regulation and its regulatory provisions and that involve return, slaughter or destruction, shall be communicated to the animal health or plant health authorities of the exporting country, in accordance with the procedures established for that purpose by said Subdirections.

The importation of animals, plants, products and by-products of animal and plant origin, products and agricultural inputs shall be made exclusively through the places authorized by SENASA.

The authorities of the Executive Revenue Directorate and the Customs Agencies, at ports, airports and border crossings, shall expeditiously deliver to the Agricultural Quarantine Officers the shipping manifests of animals, plants, products and by-products of animal and plant origin and agricultural inputs that are presented for introduction into the country, for purposes of the corresponding phytosanitary and zoosanitary control.

Plant products intended for propagation shall, in addition to the phytosanitary certificate, bear the official certificate of seed quality from the country of origin.

The introduction of soil, plants accompanied by soil, straw, chaff or humus and materials derived from plant decomposition is prohibited.

The authorities of the Executive Revenue Directorate shall exercise responsibility for the receipt of baggage of passengers and crew members of the means of transport, are obligated to retain any class of animals, plants, products and by-products of animal and plant origin and agricultural inputs that attempt to be introduced into the country without compliance with phytosanitary and zoosanitary requirements and to give the corresponding notice to the Agricultural Quarantine Officers of the respective location.

The authorities of the Executive Directorate of Revenue shall not be able to process the entry, removal from storage, transfer, or rediversion of shipments of animals, vegetables, products and by-products of animal and vegetable origin, products and inputs for agricultural use, that do not have the phytosanitary or zoosanitary permit and the approval of the Agricultural Quarantine Officers of the respective location.

The introduction into the country of animals, vegetables, products and by-products of animal and vegetable origin and inputs for agricultural use to Free Trade Zones, in accordance with the provisions contemplated in this Regulation, except for exceptions that a risk assessment may consider pertinent, which SENASA deems appropriate, which must be included in the respective technical procedures manuals.

Veterinary products, animal feed and products of animal origin produced in pre-certified establishments and pesticides for agricultural use that wish to be imported shall be subject to what is established in this Regulation and other specific Regulations on the matter.

The introduction into the country of specimens of flora and fauna in danger of extinction, in accordance with the International Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), shall require the prior presentation of the certificate of the competent CITES authority of the country of origin and provenance, when they come from countries different from that of their origin, or from countries that comply with this requirement. The specimens shall be returned to said authorities of the country of origin or provenance.

International events of an agricultural nature, such as fairs, exhibitions and others of this kind, in which the introduction into the country of animals, vegetables, products or by-products of animal or vegetable origin, products and inputs for agricultural use takes place, shall be governed by the provisions established in this Regulation and by those specific provisions that SENASA establishes, through the Technical Sub-directorates. CHAPTER II ON THE EXPORT OF ANIMALS, VEGETABLES, PRODUCTS AND BY-PRODUCTS OF ANIMAL AND VEGETABLE ORIGIN AND INPUTS FOR AGRICULTURAL USE

The export of animals, vegetables, products and by-products of animal and vegetable origin and inputs for agricultural use shall be subject to the phytosanitary and zoosanitary control of SENASA, through the Technical Sub-directorates.

For the export of animals, vegetables, products and by-products of animal and vegetable origin, when required by the importing country or demanded by the Honduran government, the Technical Sub-directorates shall issue the corresponding phytosanitary or zoosanitary certificates, upon request, inspection and compliance with the requirements of the importing country and other existing regulations on the matter in Honduras.

The model format of the phytosanitary certificate shall be adjusted to that established by the International Convention on Plant Protection (IPPC), and that of the zoosanitary certificate, to that established by the International Office of Epizootics (OIE). In the case of exports subject to bilateral agreements, these shall be subject to the procedures established therein.

Phytosanitary and zoosanitary certificates shall be transferable and delivered solely to animals, vegetables, products and by-products of animal and vegetable origin in the quantities and on the dates specified therein. They shall be issued for a single shipment and any alteration prior to that shall be valid.

SENASA, through the Technical Sub-directorates, shall establish the most appropriate inspection procedures to guarantee the sanitary quality of animals, vegetables, products and by-products of animal and vegetable origin to be exported, in such a way that they comply with national and international standards and the specific requirements of importing countries. In the case of exports subject to bilateral agreements, these shall be subject to the procedures established therein, which shall be included in the technical procedures manuals for this purpose.

SENASA, through the Technical Sub-directorate of Plant Health, shall establish the phytosanitary requirements that are considered necessary for the management of cultivations, nurseries and vegetable packing plants, products, and by-products of vegetable origin intended for export in accordance with the requirements of importing countries or special regulations.

The authorization of phytosanitary and zoosanitary certificates for the export of products and by-products of animal and vegetable origin and inputs for agricultural use shall only be granted for those that were received in registered shipments that are under SENASA inspection, when required by the importing country or when there are internal provisions on the matter.

The phytosanitary or zoosanitary inspection for export products may be supported by a zoosanitary or phytosanitary certification issued respectively by an Agronomist Engineer or Veterinary Doctor, duly accredited.

The export of animals, vegetables, products and by-products of animal and vegetable origin included within the enumerated species of extinction shall always be permitted when the request is accompanied by the corresponding permit from the OIE authorities and other provisions that exist in Honduras regarding this matter.

It shall be the responsibility of SENASA, through the Technical Sub-directorates, to establish and maintain quarantine stations for animals and vegetables or to enable special places for the performance of quarantines in case it is considered necessary. Post-entry quarantine actions may be carried out directly by SENASA or through agreements, contracting, or accreditation.

Every quarantine station shall have the basic infrastructure and biosecurity measures necessary to carry out quarantine actions of inspection, isolation, diagnosis, treatment, destruction and slaughter of animals and plants, which ensure total control of the propagation and dissemination of pests and diseases should they arise.

In cases where quarantines are conducted outside official quarantine stations, through agreements, delegation or accreditation, the properties or land that serve as quarantine sites shall have the security, isolation, observation and preservation conditions as appropriate for animals or plants.

In the case of livestock, when there are no inspection posts near ports of entry, the Technical Subdirection of Animal Health may designate an observation zone adjacent to the point of entry, in which inspection activities can be carried out efficiently.

In cases where it is necessary to quarantine products or by-products of animal or plant origin, or inputs for agricultural use, the agricultural quarantine stations may be utilized.

The period during which animals, plants, products of animal and plant origin and inputs for agricultural use shall remain under quarantine shall be determined taking into account the incubation periods, infectivity, safety of laboratory testing and the phytosanitary or zoosanitary status of the country of origin or source.

All expenses incurred during the quarantine period shall be borne by the interested party and the fees shall be established in the special regulations which the SENASA is authorized to issue for this purpose. CHAPTER IV OF PLACES AND ROUTES OF IMPORTATION AND EXPORTATION

It is the responsibility of SENASA through the Technical Subdirections to determine the customs posts through which the importation or exportation of animals, plants, their products and by-products and inputs for agricultural use shall be permitted, or to establish the pertinent requirements for such purposes.

Importations or exportations of animals, plants, products and by-products of animal and plant origin and inputs for agricultural use shall be conducted exclusively through the places in which Agricultural Quarantine Control Posts are established; by the disposition of this Regulation, these places are:

• a)

  Airports: Toncontín (Tegucigalpa), Ramón Villeda Morales (La Lima), Palmar (B/A Soto Cano), Golosón (La Ceiba) and Roatán (Bay Islands).

• b)

  Maritime Ports: Pto. Cortés (Cortés), Pto. Castilla (Colón), Pto. Ceiba (Pto. Atlántida) in the Atlantic Ocean and Pto. Henecán (Valle) in the Pacific Ocean.

• c)

  Border Crossings: Agua Caliente and El Florido (with Guatemala), El Poy and El Amatillo (with El Salvador), Las Manos, La Fraternidad and Guasaule (with Nicaragua).

Notwithstanding the provisions of the preceding Article, SENASA may authorize other places and establishments in accordance with their facilities and priorities and those of international commerce.

SENASA shall establish the methodologies and procedures for phytosanitary and zoosanitary control at ports and border crossings. Any decision in this regard shall be supported by pest and disease risk analysis based on biological evidence. The methodologies and procedures shall be determined in the corresponding technical procedure manuals.

The Executive Branch, at the request of the SAG, shall provide the local facilities for the location of offices, laboratories and others required for the operation of Agricultural Quarantine.

SENASA shall maintain equipped with office, laboratory, communication and inspection equipment as may be necessary the agricultural quarantine posts established at ports, airports and border crossings and other places authorized for international commerce.

Inspection processes shall be initiated at the moment of arrival of animals, plants, products of animal and plant origin and inputs for agricultural use, in accordance with what is established in the corresponding technical procedure manuals.

Agricultural Quarantine Officers shall accompany in the inspection of the baggage of passengers and crew members, conducted by Customs authorities. In cases of complaint or verification of the presence of animals, plants, products or by-products of animal or plant origin or inputs for agricultural use they may request a detailed inspection of said baggage.

In cases that it deems necessary, SENASA through the Technical Subdirections may establish special pre-inspection and pre-certification mechanisms in the country of origin, which may be conducted directly by the Technical Subdirections, or where applicable through agreements or convocations with the competent authorities of that country, in accordance with the procedures established in the respective technical procedure manuals. The costs generated by this activity shall be provided for in the Fees Regulation. CHAPTER IX OF MEANS OF TRANSPORT

Means of transport shall be subjected upon arrival in the country to phytosanitary and zoosanitary inspection and control, at ports, seaports, border crossings or any other place of entry, in accordance with the procedures indicated in this Regulation and in the corresponding technical procedure manuals.

Independently of existing legislation on transport and customs, in accordance with the risk assessment of animals, plants, products and by-products of animal and plant origin and agricultural inputs, SENASA through the Technical Subdirectorates may order the inspection of these products that come under the transit modality in the respective phytosanitary or zoosanitary import permit.

For inspection aboard means of transport, maritime, aerial and terrestrial authorities within the scope of their responsibility shall provide the necessary facilities to the Agricultural Quarantine Officers for the fulfillment of their function.

If the phytosanitary or zoosanitary inspection carried out on means of transport reveals the existence of contamination or the presence of water that represents a risk to human or animal health, plant health or the environment, or if disease has been diagnosed in transported animals or if any of the statutory requirements has not been met, they may be subjected to total or partial treatment, prohibition of entry into the country, docking at wharves, within wharves or fugaracabe, sealing of compartments or departure from the country.

To prevent the introduction of pests and diseases into the country, every means of transport arriving at ports and airports from abroad shall be subjected to treatment in accordance with existing regional agreements. At terrestrial posts compliance with whatever procedures the case may warrant shall be adhered to.

Products and by-products of animal and plant origin coming from abroad and passengers and crew members of means of transport shall not be unloaded in the country.

Surpluses and food waste from means of transport arriving in the country from other countries should receive sterilization treatment or be destroyed by incineration, at the expense of the companies owning them or their representative agencies, and must have the respective permit issued by the Secretariat of Natural Resources and the Environment in the case of incineration.

It is prohibited to introduce into the country foodstuffs, meats, hides, packings, excessive materials and others that have been used or produced in the transport of animals. At the end of unloading, all these materials shall be sterilized or destroyed and the vehicles or containers disinfected and disinsected.

Vehicles or containers used for the transport of animals must be constructed or conditioned in a manner that ensures the safety and welfare of the animals to be transported.

The sale of animals, plants, products and by-products of animal and plant origin and agricultural use inputs is prohibited when, during the transport procedure, they remain temporarily in the national territory or in territorial waters.

The Agricultural Quarantine Officers stationed at ports shall participate in the Reception Commission of maritime vessels arriving in the national territory, for which purpose the Executive Directorate of Revenue and other pertinent authorities shall provide the facilities that the case may require.

Transport companies that bring animals, plants, products and by-products of animal and plant origin and agricultural inputs into the country shall require prior to loading the documentation provided for in this Regulation.

Shipping companies, airlines or other means of transport shall be obligatorily required to present to the Agricultural Quarantine Officers, prior to or simultaneously with the arrival of the means of transport, a copy of the corresponding cargo manifest and others that may be requested of them. CHAPTER X OF ALERT AND EMERGENCY MEASURES

When there is initial evidence of the presence of outbreaks of pests or diseases of an endemic character or diseases of an exotic character, which require alert actions by producers and the State, the Secretariat of Agriculture and Livestock may declare by resolution the state of phytosanitary or zoosanitary alert, with the purpose of implementing the pertinent measures that allow reducing the risk and dissemination or effecting the control or eradication of the agent that caused said state.

When there are official confirmations of the presence in the national territory, or in an area thereof, of explosive outbreaks of pests or endemic diseases subject to eradication or control campaigns or diseases of an exotic character that require emergency actions, the Secretariat of Agriculture and Livestock may declare by resolution the state of phytosanitary or zoosanitary emergency.

The Executive Branch shall convene in situations of plant health or animal health emergencies the National Committees for Animal Health or Plant Health, depending on the case in question, which shall be responsible for implementing the emergency plan, which shall be previously prepared by the Technical Subdirections. The declaration of a state of emergency shall define the terms of immediacy and concentration in the search and extraordinary financing required to address the situation.

In cases of declaration of alert or plant health or animal health emergency, the Secretariat of Agriculture and Livestock through SENASA shall be authorized to implement the quarantine measures that are deemed necessary for the control or eradication of the pest or disease that originated such state.

In cases of plant health or animal health emergency, the following measures may be applied, among others:

• a)

  Interception, re-exportation, seizure, sanitary slaughter, destruction or denaturation as the case may be of animals, plants, products and byproducts of animal and plant origin and agricultural inputs in the process of introduction to the country, at places of entry or in any part of the national territory.

• b)

  Application of pest or exotic disease eradication treatments in any part of the national territory.

• c)

  Total or partial eradication or destruction of crops or harvested or postharvested products affected by exotic pests or diseases or emerging endemic diseases and implementation of bans in any part of the national territory.

• d)

  Control of transportation from or to affected areas.

• e)

  Application of sanitary and epidemiological surveillance measures and others that are deemed pertinent to prevent reinfestation.

• f)

  The measures referred to in this Article shall be of immediate execution, shall have a preventive and temporary character and shall be applied without prejudice to any applicable sanctions. CHAPTER XI ON THE DECLARATION OF QUARANTINE AREAS

SENASA through the Technical Subdirections shall have the authority to declare zones or quarantine areas when for plant health or animal health reasons, based on technical and scientific facts, such declaration is warranted.

The declaration of zones or quarantine areas may be established when the Secretariat of Agriculture and Livestock is executing campaigns for control and eradication of pests or diseases. CHAPTER XII ON THE DECLARATION OF FREE AREAS

SENASA shall be the authorized entity to establish internally and submit for consideration of international organizations, through officially recognized channels, the declaration of areas free from pests and diseases and the technical and administrative procedures established by the International Office of Epizootics (OIE) and the International Plant Protection Convention (IPPC) and others accepted under the Agreement on the Application of Sanitary and Phytosanitary Measures of the WTO. CHAPTER XIII ON PRODUCTION AND STORAGE LOCATIONS

SENASA through the Technical Subdirection of Plant Health is authorized to determine cultivation areas, planting seasons, peremptory periods for the destruction of residues and stubble, destruction or treatment of plantations, location of internal quarantine deposits and other quarantine operations when necessary to prevent, control or eradicate pests, diseases or other harmful agents to agriculture.

SENASA through the Technical Subdirections is authorized to visit and inspect any warehouse or storage site of products and byproducts of plant origin intended for national commerce, importation or exportation, as well as to prescribe the sanitary measures that are deemed pertinent. CHAPTER XIV ON INTERNATIONAL NORMS

For the application of phytosanitary and zoosanitary measures within international commerce of animals, plants, their products and byproducts, SENASA through the Technical Subdirections shall use as a reference framework the guidelines established in the Agreement on the Application of Sanitary and Phytosanitary Measures of the WTO, approved in HONDURAS by Decree No. 177-94 of December 27, 1994.

SENASA shall base the elaboration and application of phytosanitary and zoosanitary measures on the codes and guidelines of International Organizations recognized by the WTO, in particular by the Codex Alimentarius Commission, the International Office of Epizootics (OIE) and on international and regional organizations that operate within the framework of the International Plant Protection Convention (IPPC). CHAPTER XV ON THE ZOOSANITARY CODE

For the application of zoosanitary measures for commerce of animals, their products and byproducts and inputs for animal use, the Technical Subdirection of Animal Health shall use the Phytozoosanitary Law as a reference framework relying on the International Zoosanitary Code of the International Office of Epizootics (OIE), as well as the other codes and manuals of this organization and others prepared by institutions affiliated with Honduras through international agreements.

For purposes of identification of the zoosanitary measures that shall be applied in commerce of animals, their products and byproducts and inputs for animal use, the Secretariat of Agriculture and Livestock through SENASA shall adopt the national zoosanitary code in which it shall use the first four digits of the tariff system in force in Honduras according to letters to differentiate what are animals or products of the same tariff chapter and item.

Only professionals in Agronomy at the upper and middle levels and Veterinary Surgeons may exercise the functions of Agricultural Quarantine Officers, provided they are duly registered, in full exercise of their professional rights and trained in this matter.

For entry into the Agricultural Quarantine Service, applicants shall comply with the requirements established in the Civil Service Law and pass technical knowledge, aptitude and suitability examinations that SENASA shall establish for this purpose, which shall be recorded in the corresponding technical manuals.

Agricultural Quarantine Officers shall be of an administrative nature and may only be removed from their positions when they incur in acts outside the Law.

Duly registered Veterinary Physicians in full exercise of their professional rights, whether private or accredited, may conduct fiduciary quarantines. Prior to conducting fiduciary quarantines for Animal Health, they must obtain authorization from SENASA, in accordance with the procedures established in the technical procedure manuals.

SENASA shall provide Agricultural Quarantine Officers with a uniform and an identification card or credential identifying them as such, with necessary identification, which shall be mandatory to use in the exercise of their functions. The characteristics, provision, and use of uniforms, identification cards, and safety equipment shall be defined and regulated by SENASA.

For the fulfillment of their functions, Agricultural Quarantine Officers, in the exercise of their functions, are authorized to, with prior notice, board any class of vehicle at ports, airports, border crossings, or any other site in the national territory, as well as to enter crops, storage facilities, lodging, or processing areas for the purpose of complying with the provisions of this Regulation and other applicable provisions on the matter.

In addition to what is established in Article 107, SENASA officials or accredited officials responsible for applying quarantine measures are authorized and empowered to execute technical actions of monitoring, epidemiological tracing, collection, diagnosis, and compliance with provisions emanating from this Regulation and other resolutions and standards issued by the Secretariat of Agriculture and Livestock. These actions shall be carried out in border areas and throughout the national territory.

The measures established by the Technical Subdirections must be strictly complied with under the responsibility of the organisms or entities that participate or intervene in imports or exports, subject to phytosanitary or zoosanitary control.

No authority, agency, or organism other than SENASA is empowered to revoke or modify the measures it issues in defense of agricultural health, except for those that, by competence, resolve cases of appeal, writ of amparo, and similar remedies, as provided by law.

Agricultural Quarantine Officers may request and have the right to receive support from civil and military authorities when the case requires it.

Acts of disrespect toward Agricultural Quarantine Officers, in the exercise of or by reason of the exercise of their functions, shall be punished with the same penalties that Honduran legal provisions establish for offenses committed by grievances against authorities and those contemplated in this Regulation. TITLE FOUR ON NATIONAL AND INTERNATIONAL COORDINATION

It shall be the responsibility of SENASA, through the Technical Subdirections, to:

• a)

  Formulate coordination mechanisms in the field of agricultural health, through specific instruments of understanding with those national institutions related to or complementary to its activities, such as State Secretariats, research and technology transfer institutions, universities, producer associations, professional associations, public and private agricultural associations, and with all entities that facilitate the fulfillment of its objectives.

• b)

  Establish and maintain collaborative relationships with international organizations, collaborating countries, and others directly or indirectly linked to the field of agricultural health and that develop activities at the national, regional, or international level, such as regional programs for animal and plant health, technical assistance, training, harmonization, financing, and phytosanitary and zoosanitary information.

• c)

  Participate permanently, to the extent of its resources, in international and regional organizations related to the field of agricultural health, to promote in those organizations the development and periodic review of standards, guidelines, and recommendations relating to all aspects of phytosanitary and zoosanitary measures.

• d)

  Promote the integration and harmonization of its actions with those existing regional and international provisions and definitions in recognized institutions, such as FAO, PAHO, WHO, OIE, OIRSA, and CITES, among others.

• e)

  Work toward the integration and harmonization of its phytosanitary and zoosanitary services, following regional and international regulations, with a view to facilitating the movement of agricultural trade between countries, primarily in the Central American region, without compromising its phytosanitary and zoosanitary security.

• f)

  Coordinate the establishment and execution of security and control measures in the areas of animal health and plant health, especially in cases of possible negative consequences of improper use of agricultural inputs and zoonotic diseases with the Secretariat of Health.

The Secretariat of Agriculture and Livestock shall coordinate with the Secretariat of Foreign Affairs and Honduran Diplomatic and Consular Representations the provision of information on phytosanitary and zoosanitary procedures and requirements, as well as the exchange of technical and legal information of a quarantine nature. TITLE FIVE ON THE OBLIGATIONS OF NATURAL AND LEGAL PERSONS

Every natural or legal person, public or private, has the obligation to allow the entry of Official SENASA Officials, in the exercise of their functions, to any movable or immovable property, including means of transport, for the purpose of conducting inspections, supervisions, taking samples, conducting investigations for the existence of pests, diseases, or toxic residues, establishing surveillance measures, verifying the results of treatments, and performing any other operation related to the application of these phytosanitary and zoosanitary measures. In cases of phytosanitary emergency, official officials may conduct the aforementioned activities without prior notice at any day and time considered necessary.

Every owner, lessee, usufructuary, occupant, or person in charge of any title of land, property, immovables, crops, or livestock, as well as every agricultural or livestock professional or technician, has the obligation to immediately report to SENASA the emergence of pest or disease outbreaks, the existence or suspicion of toxic residues that place at risk human or animal health, plant health, and the environment, as well as to participate in alert or emergency actions that are established when necessary.

Every natural or legal person, public or private, engaged in activities regulated by this Regulation, has the obligation to comply with the phytosanitary and zoosanitary standards and procedures established, for the purpose of safeguarding human and animal health, plant health, and the environment.

The Secretariat of Industry, Commerce and Tourism, Finance, Interior and Justice, Municipal Authorities, as well as all entities that participate in international trade and in port area activities, shall provide support and backing to SENASA for the fulfillment of this Regulation and its technical manuals. TITLE SIX ON SANCTIONS

Violations of the provisions established in this Regulation and other resolutions and manuals that originate from it shall be classified and sanctioned administratively by SAG, through the Technical Subdirections, without prejudice to the penalties that correspond when they are considered to constitute a crime.

For purposes of this Regulation, infractions are classified as minor, less serious, and serious. Minor infractions shall be considered as: a) The unintentional and non-repeated omission of phytosanitary or zoosanitary certificates in introductions of small quantities of vegetables, products and by-products of plant origin, which do not have specific quarantine restrictions; written admonishment. b) The verification of non-compliance for the first time with up to two articles of this regulation, which are not considered in the group of serious infractions. Less serious infractions shall be considered as: a) The omission of some additional declaration in the Phytosanitary Certificate, provided that it can be replaced by the application of a phytosanitary treatment. b) Verification of non-compliance for the first time with up to three articles of this regulation that are not considered in the group of serious infractions; written admonishment and fine of one thousand Lempiras (Lps. 1,000.00).

The sanctions applicable for infractions of minor infractions are: a) For the unintentional and non-repeated omission of phytosanitary or zoosanitary certificates in introductions of small quantities of plants or their products, which do not have specific quarantine restrictions; written admonishment. b) For the verification of non-compliance for the first time with up to two articles of this regulation, which are not considered in the group of serious infractions; written admonishment and fine of one thousand Lempiras (Lps. 1,000.00).

The sanctions applicable for the infraction of less serious infractions are: a) For the omission of some additional declaration in the Phytosanitary Certificate, provided that it can be replaced by the application of a phytosanitary treatment; written admonishment and fine of two thousand Lempiras (Lps. 2,000.00). b) For the verification of non-compliance for the first time with up to three articles of this regulation that are not considered in the group of serious infractions; written admonishment and fine of three thousand Lempiras (Lps. 3,000.00).

The sanctions applicable for infractions or serious violations are:

• a)

  For the repetition of a minor or less serious infraction: Written admonishment and fine of ten thousand Lempiras (Lps. 10,000.00).

• b)

  For the importation into the country of animals, vegetables, products and by-products of animal or plant origin and agricultural inputs, without compliance with the requirements established in this Regulation and in their respective regulations: Confiscation, sanitary slaughter, destruction or destruction of products, by-products and inputs for agricultural use and fine of twenty thousand Lempiras (Lps. 20,000.00).

• c)

  For the transport to national territory of animals, vegetables, products and by-products of plant or animal origin from countries where exotic pests or diseases exist, without the required phytosanitary or zoosanitary documentation, written admonishment to the transportation company, return of the cargo to the country of origin and fine of thirty thousand Lempiras (Lps. 30,000.00).

• d)

  For the shipment of animals, vegetables, products or by-products of animal or plant origin to countries that have quarantine restrictions on the same, without compliance with the requirements established in binational or international protocols or national regulations on the matter; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00).

• e)

  For non-compliance with phytozoosanitary measures established for the control or eradication of a pest or disease; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00).

• f)

  The obstruction of the actions of Agricultural Quarantine Officers in the exercise of their functions; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00).

• g)

  The falsification or forgery of phytosanitary or zoosanitary documents; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00).

• h)

  The introduction into the country of animals, vegetables, products and by-products of animal and plant origin and inputs for agricultural use in Diplomatic Service pouches; written admonishment and fine of fifty thousand Lempiras (Lps. 50,000.00).

• i)

  For non-immediate compliance with the provisions imposed by Agricultural Quarantine Officers; written admonishment and fine of thirty thousand Lempiras (Lps. 30,000.00).

• j)

  For opposition to the application of treatments under the required technical conditions; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00).

• k)

  For the violation of the post-entry quarantine prescribed to animals, vegetables, products and by-products of animal or plant origin and agricultural inputs in the process of return due to phytosanitary and zoosanitary problems; written admonishment, sanitary slaughter of animals, confiscation of products and by-products and inputs for agricultural use and fine of twenty thousand Lempiras (Lps. 20,000.00).

• l)

  For the introduction of animals, vegetables, products and by-products of animal and plant origin and agricultural inputs through unauthorized places directly; written admonishment, demolition and fine of ten thousand Lempiras (Lps. 10,000.00).

• m)

  For the importation into the country of products intended for food in means of transport; written admonishment, confiscation and destruction of the products and fine of fifty thousand Lempiras (Lps. 50,000.00).

• n)

  For opposition to the destruction or sterilization of waste and food scraps originating from means of transport from abroad; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00). o) For the importation into the country of materials used in the transport of animals; written admonishment and fine of five thousand Lempiras (Lps. 5,000.00). p) For the late submission of cargo manifests by the pertinent agencies; written admonishment and fine of five thousand Lempiras (Lps. 5,000.00). q) For non-compliance with the measures adopted by SENASA in the declaration of phytosanitary and zoosanitary alert and emergencies; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00). r) For the omission of inspection in the introduction of animals, vegetables, products and by-products of animal or plant origin and agricultural inputs; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00). s) The non-declaration of animals, vegetables, products and by-products of animal and plant origin and agricultural inputs carried by passengers or crew members of means of transport; sanitary slaughter of animals, confiscation of the products, by-products and fine of twenty thousand Lempiras (Lps. 20,000.00). t) The unloading in Honduran territory of cargo in international transit; written admonishment, confiscation and destruction of products and by-products and fine of thirty thousand Lempiras (Lps. 30,000.00). u) The breaking of seals according to Article No. 169 and 172 established in the General Customs Law; written admonishment and fine of twenty thousand Lempiras (Lps. 20,000.00). v) The non-submission of the report to the competent authorities by the veterinarian responsible for fiduciary quarantine; written admonishment and fine of five thousand Lempiras (Lps. 5,000.00). w) The introduction into a free area or in execution of actions to achieve this condition of animals, vegetables, products or by-products of animal or plant origin restricted or prohibited; written admonishment, sanitary slaughter, confiscation and destruction of cultivation and fine of thirty thousand Lempiras (Lps. 30,000.00). x) Establishing cultivations in areas under prohibition; written admonishment, destruction of cultivation and fine of thirty thousand Lempiras (Lps. 30,000.00). y) For planting cultivations that are under phytosanitary measures, outside the prescribed periods; written admonishment, destruction of cultivation and fine of twenty thousand Lempiras (Lps. 20,000.00). z) For the non-destruction of waste and stubble in the periods established by the Technical Subdirectorate of Plant Health; written admonishment, destruction of waste and stubble and fine of thirty thousand Lempiras (Lps. 30,000.00). aa) For the non-destruction or treatment of plantations prescribed by SENASA; written admonishment, destruction or treatment of plantations and fine of twenty thousand Lempiras (Lps. 20,000.00). bb) For the first recurrence of the same serious infraction; written admonishment, plus payment of double the amount of the fine provided in the respective subsection. cc) For the second recurrence of the same serious infraction; written admonishment, plus payment of triple the amount of the fine provided in the respective subsection. dd) For the third or more recurrences of the same serious infraction; written admonishment, plus payment of quadruple the amount of the fine provided in the respective subsection and in case of new recurrences.

SENASA shall establish as consideration for the services provided by the Technical Subdirectorates, specific rates, whose value shall be determined on the basis of their actual cost, being able in particular cases duly justified, to establish subsidy mechanisms, which shall be specified in the procedure manuals established on this matter. In accordance with Article No. 6 of the Phytozoosanitary Law Decree No. 157-94.

This Regulation shall repeal the Health Regime for importation and exportation of animals, their products and by-products and inputs for agricultural use (Agreement No. 332 of November 22, 1962), the Regulation for Quarantine Stations (Agreement 0027-87 of January 22, 1987 and Agreement 1296-87 of July 27, 1987), and all resolutions until the approval of this regulation.

This Regulation shall enter into force as of the date of its publication in the Official Gazette "LA GACETA".

Approve in all and each of its parts Agreement No. 001357 dated October 20, 1997, issued by the Executive Branch through the State Secretariat of Public Works, Transportation and Housing, which contains the CONTRACT FOR ACQUISITION OF THE AERIAL LANDING SYSTEM BY TRANSPONDER, executed on October 17, 1997, between Lawyer Jorge Reyes Díaz, Attorney General of the Republic at that time, in representation of the State of Honduras, and Mr. Henry A. Doellfeld as authorized representative of ADVANCED NAVIGATION AND POSITIONING CORPORATION, which literally states: "STATE SECRETARIAT OF PUBLIC WORKS, TRANSPORTATION AND HOUSING (SOPTRAVI). AGREEMENT No. 001357. Dated October 20, 1997. THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC ACCEPTS, Approves in all its parts the Contract which literally states: CONTRACT FOR ACQUISITION OF THE AERIAL LANDING SYSTEM BY TRANSPONDER. We, JORGE REYES DIAZ, of legal age, married, Lawyer and of this neighborhood, acting as Attorney General of the Republic of Honduras, appointed to such position according to Legislative Decree No. 3-94 dated January 23, 1994 and in force authorized to enter into this Contract for the acquisition of an appropriate Transponder Landing System (TLS) of the State Secretariat of Honduras, which hereinafter shall be referred to as "THE GOVERNMENT" which shall be represented by the Secretary of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI), Mr. HENRY A. DOELLFELD, of legal age, single, Businessman, with Passport No. 0726041 37 issued in the United States of America, acting as "authorized representative of Advanced Navigation and Positioning Corporation (hereinafter referred to by its acronym ANPC) North American Corporation, whose address is located at P.O. Box 8 River, Oregon 97031, Telephone (541) 386-1747 Fax (541) 386-2124, with power duly conferred by the competent authorities, have agreed to execute as hereby executed in accordance with the following Articles: 1. BACKGROUND. The Government of Honduras concerned about the aerial navigation aids existing at Toncontín International Airport, which due to its particular characteristics has not been able to find an Aerial Navigation aid that permits normal and efficient operations, has decided to acquire by means of Transponder (TLS) in order to face its National and International responsibility in this sector and for such purpose has the necessary financing. 2. DEFINITIONS AND INTERPRETATIONS. Whenever the following terms are used in this Contract, it shall be understood that they mean what is expressed hereinafter: a) "THE GOVERNMENT": The Government of Honduras concerned about the aerial navigation aids existing at Toncontín International Airport, which due to its particular characteristics has not been able to find an Aerial Navigation aid that permits normal and efficient operations, has decided to acquire by means of Transponder (TLS) in order to face its National and International responsibility in this sector and for such purpose has the necessary financing.