Agreement 018-2004 - Regulations of the Migration and Foreigners Law

The object of this Regulation is to develop the procedures and mechanisms for the application of the Migration and Foreigners Law.

The scope of this Regulation shall extend to all services in matters of migration and foreigners affairs, regulating and establishing the administrative procedures in this matter applied by the Secretariat of Governance and Justice, and the General Directorate of Migration and Foreigners Affairs, without prejudice to what is established in the Administrative Procedure Law and the Administrative Simplification Law. This Regulation shall develop the procedures and administrative requirements applicable to:

• 1)

  The career in migration and foreigners affairs services;

• 2)

  Residence, special permits for stay, migratory qualities and categories;

• 3)

  The National Registry of Foreigners;

• 4)

  Naturalization;

• 5)

  Migration documents and visas;

• 6)

  Entry and stay;

• 7)

  Departure and return;

• 8)

  Rejection, deportation, expulsion, and extradition;

• 9)

  Fees for migration and foreigners affairs services;

• 10)

  Means of transport;

• 11)

  Infractions and sanctions; and, 12. The other migration processes that derive from the application of the Migration and Foreigners Law and from international agreements, treaties, and conventions.

The General Directorate of Migration and Foreigners Affairs, dependent on the Secretariat of State in the Offices of Governance and Justice, is responsible for applying the Migration and Foreigners Law and this Regulation, as well as the execution of the migration policy of the State of Honduras. The General Directorate of Migration and Foreigners Affairs shall be headed by a Director General who shall be assisted by a Deputy Director, a Registry Secretary, as well as by the Department Heads, migration officers, and employees appointed for such purposes.

The General Directorate of Migration and Foreigners Affairs, for the effective fulfillment of its functions, is structured as follows: 1. General Directorate: Responsible for the application of the Migration and Foreigners Law and this Regulation, the direction, coordination, and administration of the General Directorate of Migration and Foreigners Affairs, as well as the issuance and authorization of resolutions and migration documents in accordance with the Law. 2. General Sub-Directorate: Responsible for assisting the General Directorate and executing the activities delegated to it by the Director General. 3. Registry Secretariat: Responsible for the receipt of applications whose processing corresponds to the General Directorate of Migration and Foreigners Affairs, the registration for the control and custody of files, for ensuring that matters in process are resolved within the established time frames, for the general archive, for the authorization of the signature of the Director General or Deputy Director General in the orders and resolutions, and for their notification and transcription to the interested parties, for the issuance of certifications and marginal notes on documents, and for the coordination and supervision of legal services and the Citizen Services Unit. 4. Department of International Migration: Responsible for migration statistics, for liaison in matters of migration and foreigners affairs with public and private institutions, national and international organizations and forums, as well as the coordination of activities with migration delegations, for the preparation of projects and documents in matters of migration and foreigners affairs, for the assessment and authorization of temporary stay for refugees or foreigners in special situations who may opt for a special permit for stay, and for assisting returned Hondurans. 5. Department of Foreigners Affairs: Responsible for the National Registry of Foreigners, for extensions of stay for foreigners, for the issuance and renewal of the residence card and the special permit for stay card. 6. Department of Passports: Responsible for the issuance of regular passports, emergency passports, and special travel permits, as well as the provision of printing services for identification documents to other public or private institutions with which agreements are entered into. 7. Department of Investigation and Analysis: Responsible for migration alerts, for the assessment regarding the granting of consulted visas, for the necessary follow-up to ensure compliance with the conditions under which the residence permit, special permit for stay, naturalization were granted, and for the investigation of complaints related to the migration issue and foreigners affairs services. 8. Department of Inspection: Responsible for the inspection of public and private work centers, places of public entertainment, education centers, hotels, lodgings, and similar facilities, for the detention and custody of foreigners in irregular situations, for the delivery of citations authorized by the Registry Secretariat, for the conduct of operations, for the control of clandestine immigration, and for the execution of deportations and expulsions of foreigners. 9. Migration Delegations: Responsible for exercising the functions of inspection, regulation, and migration control, foreigners affairs services, and other activities delegated to them by the General Directorate in the Agreement of creation and Manual of Functions, at the migration control ports or internal control sites of the country. 10. Department of Information Technology: Responsible for defining policies in matters of information and communication technologies, as well as the administration of electronic data networks, the maintenance of equipment and programs, their licensing, and updating of technological platforms, according to the criteria and supervision of the Information Technology Center of the Secretariat of State in the Offices of Governance and Justice. 11. Department of Administration: Responsible for the custody of the assets of the General Directorate of Migration and Foreigners Affairs, and for the administrative processing of all matters related to the formulation and execution of the budget. 12. Department of Human Resources: Responsible for handling matters related to personnel, including the preparation and updating of manuals of functions, the development and training of personnel programs, evaluation and supervision of human resources of the General Directorate at the national level, as well as the processing of the different personnel actions in matters of human resources that corresponds to it in accordance with the Law.

The General Directorate of Migration and Foreigners Affairs must have a manual of functions in which the specific responsibilities of each of its units are detailed in accordance with the Migration and Foreigners Law and this Regulation.

The career in migration and foreigners affairs services is based on the principles of equality, stability, and efficiency, and shall be aimed at forming a body of specialized personnel for the provision of migration and foreigners affairs services. The provisions of this Regulation are complementary to those established in the Civil Service Law and its Regulation.

The hierarchy of the positions of career migration officers shall be subject to the following scale:

• 1)

  Delegates;

• 2)

  Sub-delegates;

• 3)

  Inspectors; and, 4. Sub-inspectors; The administrative and service personnel of the General Directorate of Migration and Foreigners Affairs shall be subject to the provisions established in the Civil Service Law.

Delegates are migration officers responsible for the functions and activities of border delegations, air, maritime, and interior control, established to exercise migration regulation and control in the country. Sub-delegates are migration officers responsible for the supervision of the activities carried out by inspectors and sub-inspectors, assisting delegates and substituting for them in their absence.

Inspectors are migration officers responsible for executing the activities derived from the function of inspection, regulation, and migration control in accordance with what is established in the manual of functions and Agreement of creation. Sub-inspectors shall develop in the migration delegations and the Department of Inspection administrative activities and some of an operational nature authorized in accordance with what is established in the manual of functions; likewise, they shall assist inspectors in the execution of inspection activities for migration control and foreigners affairs services, and constitute the entry level for the career in migration and foreigners affairs services.

In addition to what is established in the Civil Service Law and its Regulation, delegates and sub-delegates must meet the following minimum requirements:

• 1)

  Possess a secondary education diploma;

• 2)

  Five years of experience in activities of migration regulation and control;

• 3)

  Not have committed serious or very serious infractions as established in the Civil Service Law and its Regulation, the Migration and Foreigners Law, this Regulation, and the Internal Regulation of the Secretariat of Governance and Justice;

• 4)

  Possess skills and abilities in decision-making, capacity for analysis, facility in communication and report writing;

• 5)

  Possess knowledge in computing, manual of functions of delegations, Migration and Foreigners Law and its Regulation, Constitution of the Republic, Conventions, Agreements, and Decrees in migration matters. 6. Have completed the training courses to advance to the immediately superior category.

In addition to what is established in the Civil Service Law and its Regulation, inspectors must meet the following minimum requirements:

• 1)

  Possess a secondary education diploma;

• 2)

  Three years of experience in the performance of functions as sub-inspector;

• 3)

  Possess knowledge in computing, personal security and physical facilities security, knowledge of agreements and decrees in migration matters and the Migration and Foreigners Law; and, 4. Have completed the training courses to advance to the immediately superior category.

In addition to what is established in the Civil Service Law and its Regulation, sub-inspectors must meet the following minimum requirements:

• 1)

  Possess a secondary education diploma;

• 2)

  Have knowledge in computing and personal security; and, 3. Possess knowledge of the Migration and Foreigners Law and its Regulation.

The General Directorate of Migration and Foreigners Affairs shall prepare the manual of positions which shall contain the classification of positions and grades, and the specific description of the responsibilities, functions, and activities of career migration officers, including administrative and service personnel.

Migration officers may be transferred from their functional positions to a similar position, or promoted to the immediately superior position, provided that they meet the requirements established in this Regulation.

Career migration officers shall not be removed from their positions for political reasons and shall enjoy stability in their positions according to their specialization, merits, and experience in the migration field and foreigners affairs services, with the objective of guaranteeing efficiency in the administration of migration policy.

OBLIGATIONS. Career migration officers are obligated to comply with the functions that are established for the delegation or office to which they are assigned, with respect for human rights, to enforce the Migration and Foreigners Law and its Regulations, to make correct use of the uniform and its insignia, to protect the equipment and material that is under their responsibility. They shall likewise comply with the conventions, decrees, agreements and resolutions in migration matters, with the circulars and any other provision emanated from the Secretariat of State in the Offices of Governance and Justice, and the General Directorate of Migration and Foreigners.

MIGRATORY CATEGORIES. Foreign nationals who enter the national territory may be admitted under the following migratory categories: 1. Non-residents; or, 2. Residents.

FOREIGN NON-RESIDENTS. These are foreign nationals who, with the corresponding permit, enter the country temporarily and, according to the reason for travel, shall be classified as:

• 1)

  Tourists;

• 2)

  Travelers in transit;

• 3)

  Delegates or commercial representatives and traveling agents;

• 4)

  Travelers for purposes of sports, official mission, health, conventions, conferences and special events;

• 5)

  Public entertainment artists;

• 6)

  Special visitors;

• 7)

  Temporary migrant workers;

• 8)

  Cross-border workers; and, 9. International transport crew members. Any foreign national who enters the country with any of the subcategories mentioned in this article shall accredit, when migration authorities deem it necessary, that they have sufficient economic means to live decently during their stay in the country and to leave it upon completion of the authorized period of stay. Tourists, travelers in transit, delegates on official mission and special visitors shall not be able to engage in lucrative activities while they remain in the country.

AUTHORIZATION OF ACTIVITIES AND CHANGE OF CATEGORY OR MIGRATORY STATUS. Foreign non-residents may only dedicate themselves to the development of the activities authorized in their entry permit; however, they may request a change to another category or migratory status, provided that such change is justified and they comply with the requirements established for this purpose.

FOREIGN RESIDENTS. Foreign nationals who fall under the following cases may acquire resident status:

• 1)

  Annuitants;

• 2)

  Pensioners;

• 3)

  Investors;

• 4)

  The spouse, minor children, dependent adult children, and parents of the persons mentioned in the preceding numerals;

• 5)

  Foreign nationals by virtue of being spouse of a Honduran by birth;

• 6)

  Foreign nationals who are grandparents, parents or siblings of Hondurans by birth;

• 7)

  The immigrated; and, 8. Those who, not being included in the preceding numerals and in duly justified cases, are authorized by the Secretariat of State in the Offices of Governance and Justice.

PRESENTATION OF APPLICATION. The application for residence shall be presented before the General Secretariat of the Secretariat of State in the Offices of Governance and Justice, if the applicant is in the country or before a Honduran diplomatic official or consular agent, if the applicant is outside Honduras.

GENERAL REQUIREMENTS. 1. Present an application directed to the Secretary of State in the Offices of Governance and Justice; 2. Tax stamps required by law that shall be affixed to the application, for each of the applicants; 3. Include in the application a contact address and telephone number of the place where the immigrant will reside; 4. Power of Attorney authenticated by Notary expressing the general information of the legal representative, the powers with which they are vested, their address and telephone number, fax or email, as applicable; 5. The applicant and each of their relatives shall present a recent photograph of 6 centimeters in height by 5 centimeters in width taken from the front, noting on the reverse side the name of each of them as applicable; 6. Original certification of migration movement, issued by the General Directorate of Migration and Foreigners; 7. Original application for entry authorized by a Honduran Consul, duly authenticated and legalized. In case the foreign national is in Honduras, the presentation of the entry application shall not be necessary; 8. Certificate of criminal history of the country of origin and of their last residence, duly authenticated; 9. Original certification of having no complaints or criminal history, issued by the General Directorate of Criminal Investigation; 10. Medical certification issued within the six months prior to the presentation of the application; 11. Photocopy of the passport, duly authenticated; 12. Any other information or document that the Secretariat of State in the Offices of Governance and Justice may require for the most accurate resolution of the matter; and, 13. All documents originating from abroad shall be presented duly legalized and those authorized in a foreign language shall be officially translated by the Secretariat of Foreign Affairs or in the consulates of Honduras.

CONDITIONS. Residency as a rentier may only be granted to foreign nationals who must prove that they enjoy permanent, lawful, and stable income generated abroad or within the national territory, not less than two thousand five hundred United States Dollars (US $2,500.00) monthly or its equivalent in national currency. Rentiers may not engage in activities for which they earn salaries or any other type of remuneration or compensation, except for the provision of professional services to entities of the Public Administration, universities or other institutions of the national education system, subject to the limitations established in the Constitution and the laws. However, they may make investments in industrial, agroindustrial, agricultural, artisanal, tourism, housing, commercial, services or other projects of national interest, authorized by the Secretariat of State in the Offices of Governance and Justice, being obligated to pay the respective taxes and to comply with all other obligations imposed by Honduran laws on the exercise of such activities.

SPECIAL REQUIREMENT. In addition to the general requirements established in Article 22 of this Regulation, resident rentiers by their condition as such must present to the General Secretariat a certificate proving that they possess property, securities or any other income-generating means, together with duly authenticated supporting documents. They must likewise present evidence that the income will be received in Honduras through an institution of the national financial system. THIRD SECTION OF PENSIONED RESIDENTS Article 25.- CONDITIONS. Residency as a pensioner may only be granted to foreign nationals who must prove that they enjoy permanent and stable pensions generated abroad, not less than one thousand five hundred United States Dollars (US $1,500.00) monthly or its equivalent in national currency.

SPECIAL REQUIREMENT. In addition to the general requirements established in Article 22 of this Regulation, resident pensioners by their condition as such must present to the General Secretariat a certificate from the institution from which they receive the pension. They must likewise present evidence that the pension will be received in Honduras through an institution of the national financial system. FOURTH SECTION TARIFF EXEMPTIONS AND EXONERATIONS

INTRODUCTION OF HOUSEHOLD GOODS AND OTHER ITEMS. Resident rentiers and pensioners shall enjoy tariff exemptions and exoneration from all import taxes on a one-time basis for the introduction of household goods, as well as clothing, jewelry, sporting goods and other items of personal or family use. In the case of transfer of the goods referred to in this article, carried out within three years following their entry into the national territory, the taxes that were exonerated must be paid.

INTRODUCTION OF MOTOR VEHICLE. Resident rentiers or pensioners may import, free of all import taxes, tariffs and sales taxes, one motor vehicle for their personal or family use, which may be transferred in any manner, exonerated from such taxes, after five years have elapsed from the date of entry of the vehicle into the country, upon prior presentation to the General Secretariat of proof of having deposited in any institution of the national banking system, an amount not less than the income or pensions corresponding to the minimum income established in the Migration and Foreigners Law, during said five-year period.

EXEMPTION FROM INCOME TAX PAYMENT. The resident rentier or pensioner shall be exempt from the payment of income tax only with respect to the income or pensions they receive. If the beneficiary renounces their status as a resident rentier or pensioner or their residency is cancelled under the terms established by Article 58 of the Migration and Foreigners Law, they must pay the taxes from which they were exonerated.

INVESTMENTS BY RESIDENT RENTIERS OR PENSIONERS. Resident rentiers or pensioners may make investments exceeding the amounts established for resident investors without losing or changing their migratory status or the benefits that the Migration and Foreigners Law grants them. FIFTH SECTION OF RESIDENT INVESTORS

AREAS OF INVESTMENT. Foreign nationals who invest their capital in any branch of lawful economic activity in Honduras may acquire the status of resident investor. Foreign nationals who invest their capital in certificates, securities or bonds of the State of Honduras and of national financial institutions may also acquire this status.

FINANCIAL CONTROL AND SUPERVISION. The Ministry of State in the Office of Governance and Justice shall exercise control and supervision of all types of activities carried out by foreign investors, for which purpose it shall require the collaboration of any public or private institution.

CONDITIONS TO BE COMPLIED WITH. Foreign nationals wishing to acquire the status of investor resident shall comply with the following conditions: 1. Invest their capital in the investment areas listed in Article 31 of the Law of Migration and Foreigners; and, 2. The investment shall be for a minimum of fifty thousand Dollars of the United States of America (US $ 50,000.00) or its equivalent in national currency. The Ministry of State in the Office of Governance and Justice shall not authorize residence when the foreigner proposes to make investments restricted for them by the Constitution of the Republic and other national laws.

GUARANTEES AND OBLIGATIONS. With respect to guarantees, obligations, registration, documents, procedures and other requirements, the provisions established by the Ministry of State in the Office of Governance and Justice shall be followed, as well as other existing regulations governing investments in Honduras.

SPECIAL REQUIREMENTS. In addition to the general requirements established in Article 22 of this Regulation, foreign nationals requesting investor resident status shall, by reason of such status, comply with the following special requirements: 1. Present to the Ministry of State in the Office of Governance and Justice a feasibility study and a proposed timeline, as well as the amount of the investment. 2. The interested party shall present with their application a deposit certificate not less than five thousand Dollars of the United States of America (US $ 5,000.00) or its equivalent in national currency issued by the Central Bank of Honduras, at the disposal of the Ministry of State in the Office of Governance and Justice, to guarantee that the investment will be made; 3. Evidence of application for registration or proof of being registered in the Investors Registry of the Ministry of State in the Office of Industry and Commerce. Once it is certified that the investment has been made, the guarantee shall be returned to the investor within a period of one year.

RESIDENTS BY FAMILY RELATIONSHIP. Foreign nationals who are grandparents, parents and siblings of Hondurans by birth may apply for residence by family relationship, and in addition to complying with the general requirements established in Article 22 of this Regulation, shall prove the respective family relationship.

RESIDENTS BY MARITAL RELATIONSHIP OR DE FACTO UNION. Foreign nationals who contract marriage or establish a de facto union recognized with Hondurans may acquire residence after three (3) years from the celebration of the marriage or recognition of the de facto union. In addition to complying with the general requirements established in Article 22 of this Regulation, such foreign nationals shall prove the marital relationship or recognized de facto union and attach to the application an original certification of the Birth Certificate and a photocopy of the Identity Card of the Honduran spouse or household partner, duly authenticated by Notary. The Ministry of Governance and Justice, before granting residence by marital relationship or de facto union, shall verify that the spouses comply and have complied with the obligations established in the Family Code and that the foreign spouse has not violated the Constitution of the Republic, the Law of Migration and Foreigners, this Regulation and other national laws.

RIGHT TO CHANGE OF MIGRATORY STATUS. In case of dissolution of the marital relationship or de facto union, the resident shall lose this migratory status as of the date the respective resolution is issued; however, they shall have the right to obtain another migratory status provided they meet the established requirements. The foreigner shall not lose their residence in case of death of their spouse or household partner, except in those cases in which they have been convicted by final judgment for the death of the spouse or household partner.

IMMIGRANT RESIDENTS. To acquire the status of immigrant resident, foreign nationals who are residents or hold a special permit for permanence shall comply with the following requirements:

• 1)

  To have remained in the country for a period of no less than five consecutive years;

• 2)

  To have maintained their respective identification card in force during the time period established in the preceding numeral;

• 3)

  Not to have violated the Constitution of the Republic, the Law of Migration and Foreigners, this Regulation and other national laws; and, 4. Not to have been deported, expelled or convicted in a foreign country. In no case shall mere permanence grant immigrant status to foreign nationals in an irregular situation of stay.

SUBMISSION OF APPLICATION. The application for immigrant resident status shall be submitted to the General Secretariat of the Ministry of Governance and Justice, complying with the following requirements:

• 1)

  Number and date of the resolution of the residence permit or special permit for permanence;

• 2)

  Registration number in the National Registry of Foreigners;

• 3)

  Original evidence that the foreign resident or one with special permit for permanence maintained their identification card in force during the established time period;

• 4)

  Photocopy of the current identification card, duly authenticated by Notary;

• 5)

  Evidence of not having violated the Law of Migration and Foreigners;

• 6)

  Legal stamps that shall be affixed to the application, for each of the applicants;

• 7)

  Power of Attorney authenticated by Notary with the general information of the legal representative and the powers with which they are invested, address, telephone number, fax and email address, as appropriate;

• 8)

  The applicant and each of their relatives shall present a recent photograph of 6 centimeters in height by 5 centimeters in width taken from the front, noting on the reverse the name of each one as appropriate;

• 9)

  Original evidence of not having complaints or criminal records; and, 10. Original evidence of not having pending cases in the criminal jurisdiction courts of the applicant's domicile.

ESTABLISHMENT OF CONDITIONS. The Ministry of Governance and Justice may establish for foreign nationals who settle in national territory the conditions that it deems appropriate regarding the activities to which they shall devote themselves. Likewise, it shall ensure that residents or foreign nationals with special permits for permanence are persons useful to the country and have the necessary resources for their subsistence and that of persons under their economic dependence.

SPECIAL PERMITS FOR PERMANENCE. The General Directorate of Migration and Foreigners may grant special permits for permanence in the country for a maximum period of five years to foreign nationals who, for justified causes, request it for the following reasons:

• 1)

  Students at any level of the national education system, including persons conducting professional internships;

• 2)

  Refugees and stateless persons;

• 3)

  Asylees;

• 4)

  Migrant workers with permanence exceeding three months;

• 5)

  Foreign nationals performing social service;

• 6)

  Religious persons;

• 7)

  Foreign nationals who voluntarily provide humanitarian and charitable services to the country;

• 8)

  Foreign nationals in commercial or public entertainment activities;

• 9)

  Foreign nationals hired as temporary employees by a natural or legal person;

• 10)

  Scientists, professionals, athletes and technical or specialized personnel, hired by natural or legal persons established in the country;

• 11)

  Entrepreneurs and executive personnel of domestic or foreign commercial corporations authorized to conduct commercial activities in the country;

• 12)

  Spouse and minor children or dependent adult children, grandparents and parents of the persons described in the preceding numerals;

• 13)

  Members of churches whose highest authorities have entered into agreements for migration facilitation with the Ministry of Governance and Justice;

• 14)

  Foreign nationals hired by projects or programs financed by the Honduran Government, foreign governments, international organizations, or by governmental institutions; and, 15. Others that the General Directorate of Migration and Foreigners deems appropriate, for reasons of national interest, humanitarian reasons or in reciprocity with other States. Natural or legal persons, whether public or private, are obligated to notify within a period no greater than five business days the end of the relationship with the foreigner that motivated the granting of the special permit for permanence of the migratory categories included from numeral 4 to numeral 13 of this article.

GENERAL REQUIREMENTS. Foreign nationals requesting a special permit for permanence shall comply with the following requirements:

• 1)

  Present an application directed to the General Director of Migration and Foreigners, for each of the petitioners;

• 2)

  Stamps required by law which shall be affixed to the application and duly paid;

• 3)

  Include in the application an address and telephone number for contact;

• 4)

  Power of Attorney authenticated by Notary expressing the general information of the legal representative, the powers with which they are invested, their address and telephone number, fax or email address, as appropriate;

• 5)

  The applicant and each of their relatives shall present a recent photograph of 6 centimeters in height by 5 centimeters in width taken from the front, noting on the reverse the name of each one as appropriate;

• 6)

  Certificate of criminal record from the country of origin and last residence, when applicable, duly authenticated;

• 7)

  Original certification extended by the General Directorate of Criminal Investigation of not having complaints against them or criminal records, when they are over eighteen years of age;

• 8)

  Medical certification with an age not exceeding six months from the date of submission of the application;

• 9)

  Photocopy of the Passport, duly authenticated;

• 10)

  Any other information or document required by the General Directorate of Migration and Foreigners for the most accurate decision on the matter;

• 11)

  All documents originating from abroad shall be presented duly legalized and those authorized in a foreign language officially translated by the Ministry of Foreign Affairs or in the consulates of Honduras.

STUDENTS. Foreign nationals wishing to conduct studies at any level of the national education system may request a special permit for permanence in the student category, for the duration of their studies or their professional internship. In addition to the general requirements established in Article 43 of this Regulation, interested parties requesting a special permit for permanence in the student category shall comply with the following special requirements:

• 1)

  Evidence of admission extended by the institution where the foreigner will conduct their studies or professional internship;

• 2)

  Demonstrate the means of subsistence while their studies or professional internship last, and in the case of minors, an undertaking agreement of the natural or legal person responsible for their stay in the country.

REFUGEES. The General Directorate of Migration and Foreigners shall grant a special permit for permanence to foreign nationals to whom refugee status has been recognized when they are in the following cases:

• 1)

  Due to well-founded fears of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinions, are outside the country of their nationality and are unable or unwilling to avail themselves of the protection of that country due to such fears;

• 2)

  Due to lack of nationality and for the reasons set forth in the preceding numeral, are outside the country in which they had habitual residence, and are unable or unwilling to return to it;

• 3)

  Have fled their country because their life, security or freedom have been threatened by any of the following reasons:

  • a)

    Generalized, serious and continuous violence;

  • b)

    Foreign aggression understood as the use of armed force by a State against the sovereignty, territorial integrity or political independence of the country of origin;

  • c)

    Internal armed conflicts arising between the armed forces of the country they are fleeing and armed forces or groups;

  • d)

    Massive, permanent and systematic violation of human rights;

  • e)

    Suffer persecution through sexual violence or other forms of gender-based persecution based on violations of human rights enshrined in international instruments. 4. All persons who depend directly on the refugee and who constitute a family unit shall also be considered refugees; likewise, persons who accompany the refugee or have joined them subsequently, provided that they are under their dependence. Foreign nationals who are legally in Honduran territory and feel threatened by the reasons expressed in the preceding article may also request a special permit for permanence as refugees. Applications shall be submitted to the General Directorate of Migration and Foreigners or to the Migration Delegations, which shall forward the applications to the central office for resolution.

INTERVIEWS. The refugee applicant shall be interviewed as necessary, in an individual and confidential manner, to obtain all information related to their identity, nationality, domicile and the reasons on which their application is based. Such interviews shall be conducted at the migration delegations or in the Department of International Migrations through the Refugee Section of the central office. When the refugee applicant does not speak the Spanish language, they may be assisted by a translator provided by the liaison office of the United Nations High Commissioner for Refugees (UNHCR). Prior to recognition of refugee or stateless status, the Department of International Migrations shall issue the corresponding opinion on the appropriateness of such recognition.

INVESTIGATIONS. The General Directorate of Migration and Nationality in coordination with officials of the liaison office of the United Nations High Commissioner for Refugees (UNHCR) shall conduct the pertinent investigations with the objective of determining the truthfulness of the information provided by the applicant, who may present the documentation that he or she deems necessary when it is possible to do so. While the General Directorate of Migration and Nationality pronounces itself on the case, the Department of International Migrations shall authorize the temporary stay of the foreign applicant for a period not to exceed ninety (90) days, renewable for thirty (30) days when necessary. The Department of International Migrations by means of the Refugees Section shall establish the procedures and formats that will be used for interviews, inquiries, and initial permits for stay in the country.

EXCLUDED FROM THE CONCEPT OF REFUGEE. The provisions of this Section shall not apply to persons with respect to whom there are well-founded reasons to believe they have committed any of the following crimes or acts:

• 1)

  Crime against peace, war crime, or any crime against humanity as defined in international instruments;

• 2)

  Serious common crime committed outside of Honduras and which is classified as such in Honduran legislation before requesting refugee status; and, 3. Acts contrary to the purposes and principles established in the Charter of the United Nations.

NON-REFOULEMENT, RESETTLEMENT, AND REPATRIATION. In no case shall a person or group of persons who find themselves in any of the situations set forth in article 42 of the Migration and Nationality Law be obligated to return to the country where their rights are threatened. Nor shall anyone who requests refuge or a refugee be returned, whether from the border, port, or airport, or once they have entered national territory. With regard to the resettlement of a refugee to a third country or his or her repatriation to the country of origin, the General Directorate of Migration and Nationality shall coordinate the corresponding actions with the United Nations High Commissioner for Refugees and other authorities related to the case.

EXTRADITION OF A REFUGEE APPLICANT. The extradition of a refugee applicant shall proceed only if it is proven that his or her application was not based on the reasons provided for in article 42 of the Migration and Nationality Law.

PROHIBITION OF DEPORTATION OR EXPULSION. Persons with pending recognition of refugee status shall not be deported or expelled from national territory, nor shall those who have been granted such status, except for reasons of security or public order that are clearly justified. No pecuniary or any other type of sanction shall be imposed on the refugee applicant due to irregular entry or stay in national territory; likewise, he or she shall be exempt from paying the corresponding fees for migration and nationality services procedures and airport fees.

EXEMPTION FOR REFUGEES. Refugees shall be exempt in case of requesting a residence from the following documentation:

• 1)

  Certificate of criminal history from the country of origin;

• 2)

  Legalization of documents from abroad;

• 3)

  Photocopy of the passport, when due to their condition they do not have one; and 4. Any other document that must be issued in the country of origin and which it is not possible for them to obtain.

RIGHT TO FAMILY REUNIFICATION. Every refugee has the right to obtain family reunification with the relatives who make up such group, which shall be based on criteria of consanguinity, affinity, or dependence. Prior to the approval of the entry of the persons requested for the purpose of family reunification, the Department of International Migrations shall issue an opinion on its merits.

PROCEDURES FOR FAMILY REUNIFICATION. For the foreign national to whom the General Directorate of Migration and Nationality has granted a special permit of stay under the refugee category, for purposes of family reunification the following procedure shall be followed:

• 1)

  Submit a request addressed to the Director General of Migration and Nationality;

• 2)

  Include in the request the full name and nationality of the foreign national with refugee status, the number and date of the special permit of stay resolution, and the number of the registration in the National Register of Foreigners;

• 3)

  Certification or original document that accredits the kinship bond of the members of the family group;

• 4)

  Photocopy of current identification card;

• 5)

  Original certification of the case evaluation issued by the United Nations High Commissioner for Refugees (UNHCR). Applications for the restoration of family unity shall be considered of special interest and priority.

VOLUNTARY REPATRIATION. Refugees who voluntarily wish to return to their country of origin or habitual residence may do so through voluntary repatriation, for which they must express it in writing to the Department of International Migrations of the General Directorate of Migration and Nationality. The voluntary repatriation request shall contain the express statement of the refugee, determining clearly the reasons for which he or she requests it and the certainty that his or her personal integrity will be guaranteed, releasing the State of Honduras from responsibility for any occurrence subsequent to repatriation. The Department of International Migrations in coordination with the United Nations High Commissioner for Refugees (UNHCR) shall carry out the voluntary repatriation and shall ensure that it is carried out under the best conditions of safety and respect for the person.

RECOVERY OF REFUGEE STATUS. A refugee who has been repatriated may request refugee status again only for reasons arising after his or her repatriation and must do so by written application submitted to the Director General of Migration and Nationality. In the application, the reasons for which recovery of refugee status is being requested must be clearly stated, and the requirements established in the Migration and Nationality Law and in this Regulation must be met. Additionally, two passport-sized photographs and an original certification of the new case evaluation issued by the Honduras representative of the United Nations High Commissioner for Refugees (UNHCR) shall be attached to the application.

COEXISTENCE AND LOCAL INTEGRATION. Honduran authorities shall facilitate refugees' coexistence and their integration into Honduran society. To achieve the above objective, the Government of Honduras shall request the support of the United Nations High Commissioner for Refugees (UNHCR) and human rights organizations.

AUTHORIZATION TO TRAVEL. The foreign national with refugee status in Honduras who wishes to travel abroad shall submit a request addressed to the Director General of Migration and Nationality, and must include in said request the following information:

• 1)

  Full name and nationality of the applicant;

• 2)

  Number and date of the special permit of stay resolution;

• 3)

  Number of the registration in the National Register of Foreigners;

• 4)

  Photocopy of current identification card; and, 5. Justification of the reason for travel endorsed by the United Nations High Commissioner for Refugees (UNHCR). Prior to its approval by the General Directorate, the Department of International Migrations must issue an opinion on the permit for the departure of the requesting foreign national. Migration Delegates shall not permit a refugee to leave if he or she does not present the corresponding permit from the General Directorate to leave the country. SECTION FIVE OF STATELESS PERSONS

RECOGNITION OF STATELESS STATUS. The Government of Honduras through the Ministry of State in the Offices of Governance and Justice shall recognize stateless status to every foreign national who is in national territory and lacks specific nationality. The non-possession of identification documents shall not be sufficient proof for a foreign national to be recognized as stateless. Excepted are foundling infants who acquire Honduran nationality in accordance with what is prescribed in the Constitution of the Republic. The General Directorate of Migration and Nationality through the Department of International Migrations shall conduct and exhaust all possible evidentiary means to demonstrate that the foreign national lacks specific nationality. Once stateless status is recognized, the General Directorate of Migration and Nationality shall grant a special permit of stay under the terms and conditions established by the Ministry of Governance and Justice.

DOCUMENTATION AND REGISTRATION OF STATELESS PERSONS. Once stateless status is recognized and the special permit of stay is granted, the General Directorate of Migration and Nationality, through the Department of International Migrations, shall document and register the stateless person in the National Register of Foreigners. SECTION SIX OF ASYLEES

REQUIREMENTS. The Government of Honduras through the Ministry of State in the Offices of Governance and Justice shall recognize the right to territorial asylum to foreign nationals who request it, provided that any of the following circumstances concur:

• 1)

  Political persecution due to the overthrow of the regime of a previous government in their country of origin;

• 2)

  The existence of well-founded fears of violation of human and civil rights due to political causes;

• 3)

  For political crimes or common crimes connected to political crimes, duly proven. Once the condition of asylee is recognized, the General Directorate of Migration and Nationality shall grant a special permit of stay under the terms and conditions established by the Ministry of Governance and Justice. Asylum may also be granted to the spouse of the asylee, the children of the spouses, and the paternal and maternal grandparents of the children of such spouses when so requested.

APPLICATION FOR ASYLUM. The foreigner who requests asylum must do so before the General Secretariat of the Secretariat of State in the Offices of Governance and Justice, and must include in their application the following information:

• 1)

  Full name and nationality;

• 2)

  Place and date of birth;

• 3)

  Name and surname of parents and their nationality;

• 4)

  Profession or trade;

• 5)

  Marital status;

• 6)

  Contact information;

• 7)

  Particular characteristics for physical identification;

• 8)

  Name, surnames and nationality of family members, if accompanying them; and, 9. Place and date of entry into Honduras. In addition to the aforementioned data, the application must be accompanied by any identification document, two passport-sized photographs and a letter specifying the reasons for which they are requesting asylum in Honduras.

INVESTIGATIONS AND THEIR APPROVAL. The Secretariat of Governance and Justice, in collaboration with the Secretariat of Foreign Relations, through the consulate or diplomatic representation of Honduras accredited in the country of origin or source of the foreigner, shall conduct the necessary investigations to determine the veracity of the applicant's information.

LOSS OF ASYLUM STATUS. Asylum status shall be lost for the following reasons:

• 1)

  Leaving the country without the corresponding authorization from the General Directorate of Migration and Foreigners;

• 2)

  Committing acts that endanger the sovereignty and security of the State;

• 3)

  Committing acts that threaten good relations between Honduras and other States;

• 4)

  The commission of crimes within national territory. In the first case, deportation shall proceed and in the three latter cases, expulsion shall proceed. In the event that deportation or expulsion of an asylee is ordered, under no circumstances shall they be delivered to the country whose government demands them.

AUTHORIZATION TO TRAVEL. The foreigner with recognition of asylum status in Honduras who wishes to travel abroad shall submit an application directed to the General Director of Migration and Foreigners, and must include in said application the following information:

• 1)

  Full name and nationality of the applicant;

• 2)

  Numbers and dates of the asylum resolution and special residence permit, registration number in the National Register of Foreigners and photocopy of the current identification card; and, 3. Reason for travel. Prior to approval by the General Directorate, the Department of International Migration shall issue an opinion on the exit permit of the requesting foreigner. Migration Delegates shall not allow the departure of a foreigner with asylum status if they do not present the corresponding authorization from the General Directorate to leave the country. Likewise, they shall not allow their re-entry if the General Directorate has issued a migration alert for justified cause. SEVENTH SECTION MIGRANT WORKERS

MIGRANT WORKERS WITH SPECIAL RESIDENCE PERMIT. The General Directorate of Migration and Foreigners may grant special residence permit under the category of migrant worker to the foreigner who enters the country with the purpose of carrying out remunerated activities for a term exceeding three (3) months, which require skilled labor. In addition to the general requirements established in Article 43 of this Regulation, to obtain special residence permit in the category of migrant worker, the following special requirements must be met:

• 1)

  Application for permit submitted by the natural or legal person who requires the services of the foreigner;

• 2)

  Declaration of the activity to which they will dedicate themselves during their stay in the country;

• 3)

  Certification issued by the employer assuming responsibility for the subsistence of the foreign worker during their stay, departure from the country upon expiration of the permit and notification to the General Directorate of the termination of the employment relationship, in accordance with what is established in the final paragraph of Article 42 of this Regulation;

• 4)

  Certification issued by the Secretariat of State in the Offices of Labor and Social Security that certifies that the employer complies with what is established in Article 137 of the Constitution of the Republic and in Article 11 of the Labor Code regarding foreign workers; and, 5. Justification that the foreigner is qualified for the work they will perform. EIGHTH SECTION FOREIGNERS IN SOCIAL SERVICE

FOREIGNERS IN SOCIAL SERVICE. The General Directorate of Migration and Foreigners may grant special residence permit under the category of social service for a period exceeding three (3) months to foreigners who enter the country to fulfill service in different social areas, professional practice as a requirement to obtain an academic degree, or commutation of mandatory services for social service due to conscientious objection or analogous circumstance, in accordance with the legal provisions of the country of origin. In addition to the general requirements established in Article 43 of this Regulation, those interested who request special residence permit in the category of social service shall comply with the following special requirements: 1. Certification from the public or private agency or institution for which the foreigner will provide their social service; and, 2. Certification that certifies the means of subsistence while the foreigner remains in Honduras providing their social service. If the foreigner provides or performs humanitarian services on a voluntary basis and for the benefit of the State of Honduras, the General Directorate of Migration and Foreigners shall provide them all corresponding migration facilitations. NINTH SECTION RELIGIOUS PERSONS

FOREIGNERS WHO PROVIDE SERVICES TO CHURCHES. The General Directorate of Migration and Foreigners may grant special residence permit under the category of religious services for a period exceeding three (3) months to foreigners who request it to provide their services to any of the churches whose legal status has been recognized by the State of Honduras. Foreigners who request special residence permit to provide religious services to churches that do not have a migration facilitation agreement with the Secretariat of Governance and Justice, in addition to the general requirements established in Article 43 of this Regulation, shall comply with the following special requirements: 1. Certification of provision of religious services issued by the church where the foreigner will provide their services; and, 2. Certification of accreditation of means of subsistence while the foreigner remains in Honduras providing their services as a religious person. Foreigners who request special residence permit to provide religious services to churches that have a migration facilitation agreement with the Secretariat of Governance and Justice shall only present to the General Directorate of Migration and Foreigners the documents required in the respective agreement. TENTH SECTION FOREIGNERS BY CONTRACT

CONTRACTED BY PRIVATE COMPANIES. The General Directorate of Migration and Foreigners shall authorize special residence permit in the category of foreigners by contract to foreigners hired by the private company as employees for a period exceeding three (3) months in various areas of their specialization such as professionals, technical personnel or specialists, management personnel of national or foreign commercial companies, confidential personnel, athletes, scientists and others.

SPECIAL REQUIREMENTS. In addition to the general requirements established in Article 43 of this Regulation, those interested who request special residence permit in the category of foreigners by contract for private companies shall comply with the following special requirements: 1. Employment contract issued by the private company for which the foreigner will provide their services, duly authenticated by Notary. 2. Certification issued by the employer assuming responsibility for the subsistence of the foreign worker during their stay, departure from the country upon expiration of the permit and notification to the General Directorate of the termination of the employment relationship, in accordance with what is established in the final paragraph of Article 42 of this Regulation; 3. Certification issued by the Secretariat of State in the Offices of Labor and Social Security that certifies that the employer complies with what is established in Article 137 of the Constitution of the Republic and in Article 11 of the Labor Code regarding foreign workers; 4. Accreditation from educational institutions or professional or technical training of the foreigner, duly authenticated, that the applicant possesses the capacity and knowledge for the work they will perform; 5. Copy authenticated by Notary of the deed of incorporation or declaration of individual merchant; 6. Copy of the current operating permit, authenticated by Notary; 7. Certification from the Executive Direction of Revenue (DEI) of having commenced operations and the commercial establishment being in operation; and, 8. Statement of results and balances authorized by a duly registered accountant.

CONTRACTED BY CENTRALIZED OR DECENTRALIZED STATE INSTITUTIONS. The General Directorate of Migration and Foreigners shall authorize special residence permit to foreigners directly hired by centralized or decentralized state institutions for a period exceeding three (3) months, meeting the following requirements: 1. Employment contract issued by the State institution for which the foreigner will provide their services; and, 2. Copy of passport or travel document.

CONTRACTED BY PUBLIC LAW ENTITIES. The General Directorate of Migration and Foreigners shall authorize special residence permit in the category of foreigners by contract to foreigners hired by public law entities, for a period exceeding three (3) months, in addition to what is established in Article 43 of this Regulation, they shall comply with the following special requirements:

• 1)

  Employment contract issued by the public law entity for which the foreigner will provide their services, duly authenticated;

• 2)

  Certification issued by the public law entity assuming responsibility for the subsistence of the foreign worker during their stay, departure from the country upon expiration of the permit and notification to the General Directorate of the termination of the employment relationship, in accordance with what is established in the final paragraph of Article 42 of this Regulation;

• 3)

  Certification issued by the Secretariat of State in the Offices of Labor and Social Security that certifies that the public law entity complies with what is established in Article 137 of the Constitution of the Republic and in Article 11 of the Labor Code regarding foreign workers.

CONTRACTED BY INTERNATIONAL ORGANIZATIONS. The General Directorate of Migration and Foreigners shall authorize special residence permit to foreigners directly hired by foreign governments or international organizations, for a period exceeding three (3) months, meeting the following requirements: 1. Employment contract issued by foreign governments or international organizations for which the foreigner will provide their services; and, 2. Copy of passport or travel document. The foregoing shall be understood without prejudice to what is established in treaties, agreements or international conventions ratified by the State of Honduras. ELEVENTH SECTION PROFESSIONALS

EXERCISE OF A UNIVERSITY PROFESSION. The General Directorate of Migration and Foreigners may grant special residence permit in the category of professional or to exercise a university profession, for a period exceeding three (3) months, in addition to complying with the requirements established in Article 43 of this Regulation, they shall comply with the following special requirements:

• 1)

  Accredit economic capacity to establish their professional office or employment contract of the company or institution for which the foreigner will provide their services, duly authenticated;

• 2)

  Degree certificate that certifies academic qualification, duly authenticated; and, 3. Certification or certificate of incorporation of the degree issued by the National Autonomous University of Honduras; The foregoing shall be understood without prejudice to what is established in the laws or in the treaties, agreements or international conventions ratified by the State of Honduras. TWELFTH SECTION DEPENDENTS OR FAMILY MEMBERS

DEPENDENTS OR FAMILY MEMBERS. The General Directorate of Migration and Foreigners may authorize special residence permit to the spouse, to minor or dependent adult children of the spouses and the paternal and maternal grandparents of their children when so requested by the foreigner to whom special residence permit has been granted. In addition to complying with the requirements established in Article 43 of this Regulation, the dependents or family members of the foreigner to whom special residence permit has been granted shall comply with the following special requirements:

• 1)

  Accredit marital bond or common-law union through authenticated document;

• 2)

  Accredit kinship through authenticated document;

• 3)

  Accredit the dependency of adult children through authenticated document; and, 4. Accredit the economic solvency of the foreigner who enjoys special residence permit. The special residence permits extended to family members and dependents shall have the limitations established in Article 141 of this Regulation. THIRTEENTH SECTION

SPECIAL RESIDENCE PERMITS FOR HUMANITARIAN REASONS OR NATIONAL INTEREST. The General Directorate of Migration and Foreigners may authorize special residence permits whenever it deems it appropriate for reasons of national interest, humanitarian reasons or in reciprocity with other States. The resolution by which the General Directorate of Migration and Foreigners grants special residence permit for the causes stated in the preceding paragraph must be duly motivated taking into account the special circumstances of each case. CHAPTER V PROVISIONS COMMON TO RESIDENTS AND FOREIGNERS WITH SPECIAL RESIDENCE PERMIT

REGISTRATION IN THE NATIONAL REGISTRY OF FOREIGNERS. Foreign residents or those with special permission to remain are obligated to register in the National Registry of Foreigners within thirty days following the date of issuance of the respective resolution certification. The Secretariat of Governance and Justice and the General Directorate of Migration and Foreigners shall not deliver the certification of the resolution of residence or special permission to remain without having completed the registration in the National Registry of Foreigners. Regardless of their age, minor children and adult dependent children of the foreign resident or with special permission to remain shall register individually with all their personal data in the National Registry of Foreigners and shall have the right to be issued the respective identification. Each individual registration shall incur the corresponding fee payment. Likewise, registered foreigners are obligated to inform the General Directorate of Migration and Foreigners of any changes that occur in the data inherent to their migratory status, domicile, and marital status, if applicable, within thirty days following the change.

MIGRATORY QUALITIES AND CATEGORIES. Migratory qualities shall be attributed to foreign residents. Migratory categories, for their part, shall be attributed to foreigners with special permission to remain. Foreign residents who wish to change their migratory quality or who lose it for reasons established in the Law shall have the right to request another migratory quality, provided that the requirements established in the Migration and Foreigners Law and this Regulation are met. Foreigners with special permission to remain who wish to change their migratory category or who lose it for reasons established in the Law shall have the right to request another migratory category, provided that the requirements established in the Migration and Foreigners Law and this Regulation are met.

PROHIBITION OF HOLDING TWO OR MORE SIMULTANEOUS MIGRATORY QUALITIES OR CATEGORIES. No foreigner may hold two or more migratory qualities or categories simultaneously. Foreigners are prohibited from engaging in activities other than those which have been expressly authorized to them, under penalty of losing residence or special permission to remain and being expelled from national territory.

GROUNDS FOR LOSS OF RESIDENCE OR SPECIAL PERMISSION TO REMAIN. Foreign residents or those with special permission to remain shall lose their status for the following cases:

• 1)

  For falsity duly proven in declarations, reports, or documents presented in the application;

• 2)

  For non-compliance with the obligations established in the Migration and Foreigners Law or this Regulation;

• 3)

  For foreign residents remaining outside the country for more than twelve consecutive months without permission from the General Directorate of Migration and Foreigners; and, 4. For foreigners with special permission to remain remaining outside the country for more than six consecutive months without permission from the General Directorate of Migration and Foreigners.

NON-ADMISSION OR CANCELLATION OF PERMANENCE FOR PUBLIC INTEREST. The Secretariat of State in the Offices of Governance and Justice, for reasons of public interest, may prevent the admission or definitively cancel the permanence of foreign residents or those with special permission to remain who may endanger public order, national security, the country's international relations, and for other duly justified reasons.

RESPONSIBLE INSTITUTION. The National Registry of Foreigners shall be under the charge of the General Directorate of Migration and Foreigners and shall be governed by the conditions and requirements established in this Regulation. All authorities in the country and Honduran diplomatic and consular representatives accredited abroad shall assist the General Directorate of Migration and Foreigners in the functions related to the National Registry of Foreigners.

CONFIDENTIALITY OF THE REGISTRY. The National Registry of Foreigners shall be for the exclusive use of the General Directorate of Migration and Foreigners, and information about it shall only be provided to competent authorities that request it and about their own file to registered foreigners or their legal representatives.

RIGHT TO RESIDENCE CARD OR SPECIAL PERMANENCE CARD. The National Registry of Foreigners shall issue to registered foreigners the residence card or special permanence card in accordance with their migratory quality or category. The residence card and special permanence card may be issued for up to five years. In the case of students, the special permanence card shall be issued for one year.

REQUIREMENTS FOR CARD RENEWAL. Foreign residents or those with special permission to remain shall present for card renewal two recent photographs and the previous card and the receipt of payment of the corresponding fee. According to the migratory quality or category, the foreigner shall present the certifications issued within thirty (30) days prior to the renewal request, as follows:

• 1)

  Income earners: Proof from a national financial system institution that the foreigner continues to receive income and has brought into the country the amounts established in the Law;

• 2)

  Pensioners: Proof from a national financial system institution that the foreigner continues to receive the pension and has brought into the country the amounts established in the Law;

• 3)

  Investors: Certification from the Secretariat of State in the Offices of Industry and Commerce that the foreigner continues to be an investor in accordance with the amounts established in the Law. 4. By marital relationship: Original certification of the marriage certificate. 5. By common-law union: Original certification of the common-law union. 6. Students: Proof from the educational institution that he/she has passed the courses for which he/she enrolled in the previous year and that he/she is enrolled to continue his/her studies. 7. Foreigners in Internships: Proof from the institution, organism, or company in which he/she performs the internship. 8. Long-term migrant workers: Work certification from the natural or legal person for whom the foreigner provides services. 9. Foreigners in social service: Proof from the institution or organism for which the foreigner performs social service. 10. Religious personnel: Proof from the church for which he/she provides services. 11. Foreigners by contract: Work certification from the private company, state institution, foreign government, international organism, or public law entity for which the foreigner provides services. 12. Professionals: Work certification from the company, organism, or institution for which the foreigner provides professional services or evidence that he/she engages in professional activity independently. 13. For humanitarian reasons or national interest: The migratory authorities shall decide in each case whether renewal proceeds. 14. Dependents or family members: Proof from the father, mother, or guardian; holder of the resolution of residence or special permission to remain that the marital bond, common-law union, or dependency of adult children subsists.

EFFECTS IN PUBLIC AND PRIVATE ACTS. The residence card and the special permanence permission card in effect are valid identification documents for foreigners in Honduras.

CHANGE OF MARITAL STATUS, DOMICILE, AND ACTIVITIES. Foreigners registered in the National Registry of Foreigners are obligated to inform the General Directorate of Migration and Foreigners of changes in marital status, domicile, and activities to which they dedicate themselves, within thirty days following a change. All authorities, hospital institutions, health professionals, associations of foreigners, and the general public are obligated to report to the General Directorate of Migration and Foreigners the death of any foreigner who has died in national territory. The General Directorate of Migration and Foreigners shall request the cooperation of diplomatic missions and consuls of foreign countries in Honduras for this same purpose.

CONTENT OF THE REGISTRY. In the National Registry of Foreigners, the corresponding file of each registered foreigner shall contain the following information:

• 1)

  Names and surnames;

• 2)

  Nationality;

• 3)

  Place and date of birth;

• 4)

  Marital status;

• 5)

  Profession or trade;

• 6)

  Fingerprints;

• 7)

  Distinguishing marks;

• 8)

  Date and number of the resolution of residence or special permission to remain; 10. Place and date of entry to the country; 11. Exact address of domicile, excluding asylees; 12. Passport number or travel document when applicable; 13. Authorized migratory quality or category; 14. Authorized time of permanence; and, 15. Name and nationality of parents. Each registration shall carry a correlative number according to its date and code, in accordance with the authorized migratory quality or category, which shall be generated automatically by the computer system of the General Directorate of Migration and Foreigners.

TIME AND REQUIREMENTS TO QUALIFY FOR NATURALIZATION. The State of Honduras through the President of the Republic has the authority to grant, deny, or cancel Honduran nationality by naturalization. Foreigners who have legally resided in the country for the time required by the Constitution of the Republic according to their nationality may apply for Honduran nationality by naturalization and must also meet the following requirements:

• 1)

  Have civil capacity in accordance with the legislation of their country of nationality;

• 2)

  Possess patrimony, profession, trade, activity, or lawful industry that allows him/her to live independently, or depend economically on their spouse or parents;

• 3)

  Have observed good conduct and not have been sentenced for a crime before and during their permanence in the country or not have been required by the authorities of another State for the commission of a common crime; and, 4. Pass the written examination of general knowledge of history, geography, and the Constitution of the Republic of Honduras and be able to write, read, and speak the Spanish language. The Secretariat of Governance and Justice shall schedule the knowledge examination referred to in numeral 4 of this article, which shall be administered four times per year at the rate of one examination per quarter and shall be conducted collectively. In exceptional cases and duly authorized by the Secretariat of Governance and Justice, the examination may be conducted individually and outside the scheduled dates. In the event that the foreigner does not pass the knowledge examination, he/she shall have a second and final opportunity six (6) months after the first examination is administered.

APPLICATION AND REQUIREMENTS. The naturalization application shall be presented to the General Secretariat of the Secretariat of Governance and Justice with the following requirements:

• 1)

  Power of Attorney authenticated by Notary expressing the general information of the legal representative, the powers with which he/she is invested, his/her address and telephone number, fax, or email address, if applicable;

• 2)

  Original passport;

• 3)

  Recent photograph of the applicant six (6) centimeters in height by five (5) centimeters in width, taken from the front, noting on the reverse the name of the bearer;

• 4)

  Original birth certificate of the applicant duly legalized to have legal effect in Honduras;

• 5)

  Original marriage certification if married to a native-born Honduran issued within thirty (30) days prior to the submission of the application and if the marriage took place abroad, the certification must be legalized to have legal effect in Honduras;

• 6)

  Original birth certificate of the Honduran spouse and of children, if any;

• 7)

  State in the application the number and date of the residence resolution or special permission to remain;

• 8)

  Original certification of registration in the National Registry of Foreigners; 10. Proof of not having committed violations of the Migration and Foreigners Law and this Regulation; 11. Certification of migratory movement issued by the General Directorate of Migration and Foreigners. 12. Medical Certification; 13. Original certification of having no complaints, issued by the General Directorate of Criminal Investigation; 15. Original certifications from the courts of his/her domiciles in Honduras of not having criminal records; 16. Demonstrate that he/she possesses patrimony, profession, trade, activity, or lawful industry that allows the applicant to live independently, or that he/she depends economically on his/her spouse or parents; 17. Sworn declaration in the terms referred to in article 64 of the Migration and Foreigners Law, and the signature of the declarant must be authenticated by a Notary; 18. Current certifications of solvency of municipal taxes and income tax; 19. Certification of solvency from IHSS and INFOP in case the applicant is the owner of businesses or commercial enterprises; All documents proceeding from abroad shall be presented duly legalized and those authorized in a foreign language officially translated by the Secretariat of Foreign Relations or by the consulates of Honduras. In the application, a clear statement shall be made of the places where the petitioner has resided in national territory, specifying exact addresses and telephone numbers. Additionally, he/she must state his/her current exact address and telephone numbers.

OATH-TAKING AND REGISTRATION. Once the resolution is issued in which the letter of naturalization is granted, the President of the Republic or the Secretary of Governance and Justice by delegation shall administer the following oath: "I promise to be faithful to the Republic of Honduras, comply with and enforce its Constitution and its laws, defend it, honor its patriotic symbols, respect its heroes, and fulfill my civic duties." The Secretariat of Governance and Justice shall remit ex officio the transcript of the naturalization resolution and the oath-taking record to the National Registry of Persons and to the General Directorate of Migration and Foreigners, for the purpose of issuing the naturalized Honduran his/her identity card and making the respective notation in the National Registry of Foreigners. The Secretariat of Governance and Justice shall not deliver the certification of the naturalization resolution or the transcript thereof without the registration having been completed in the National Registry of Persons and the naturalized Honduran having been issued his/her identity card and the resolution having been noted in the National Registry of Foreigners.

LOSS OF NATURALIZATION. The condition of naturalized person is lost in the following cases:

• 1)

  By naturalization in a foreign country;

• 2)

  By cancellation of the naturalization certificate;

• 3)

  When the naturalized Honduran becomes unworthy of Honduran nationality; and, 4. When it has been acquired with falsity of declaration or of the required requirements or documents presented. TITLE VII MIGRATION DOCUMENTS AND VISAS CHAPTER I OF MIGRATION DOCUMENTS

MIGRATION DOCUMENTS. In accordance with the Migration and Foreign Nationality Law, the following are considered migration documents:

• 1)

  Passport;

• 2)

  Special travel permit;

• 3)

  Safe-conduct; and, 4. Other officially recognized documents, contemplated in the conventions, agreements or international treaties ratified by Honduras. FIRST SECTION OF PASSPORTS

PASSPORT OR OTHER TRAVEL DOCUMENT FOR IDENTIFICATION ABROAD. To identify themselves abroad, Hondurans shall provide themselves with a passport or in special cases with another travel document issued by the General Directorate of Migration and Foreign Nationality, or by the diplomatic missions and consulates of Honduras. Public officials shall provide themselves with a diplomatic or official passport in accordance with the regulations issued by the Secretariat of Foreign Relations. Hondurans may identify themselves with their identity card or any other document established in international agreements on the matter.

CLASSIFICATION OF PASSPORTS. Passports are classified as diplomatic, official, ordinary, emergency, and provisional.

ISSUANCE OF PASSPORTS. The issuance of ordinary passports, emergency passports and special travel permits shall be the responsibility of the Secretariat of State in the Offices of Governance and Justice through the General Directorate of Migration and Foreign Nationality. The issuance of diplomatic and official passports shall be the responsibility of the Secretariat of State in the Office of Foreign Relations, through the General Directorate of Diplomatic Protocol.

REQUIREMENTS TO OBTAIN A PASSPORT. To obtain an ordinary passport, the interested party must comply with the following requirements: 1. Make the payment for the passport at an authorized banking agency. Upon making the payment, an appointment slip shall be delivered containing the date and time at which the applicant will be attended at the offices of the General Directorate of Migration and Foreign Nationality. 2. On the date and time indicated, the applicant must appear at the offices of the General Directorate of Migration and Foreign Nationality of their convenience with the following documents:

• a)

  Identity Card;

• b)

  Payment receipt from the Bank;

• c)

  Appointment slip issued by the Bank; and,

• d)

  Previous passport, in case a credit has been granted for the validity thereof. 3. Minors under 18 years of age must appear accompanied by both parents or by the father or mother exercising parental authority and in their absence by their guardians or legal representatives, who must present their identity card, an authorization for passport issuance signed by both parents or by the father or mother exercising parental authority, their guardians or legal representatives, authenticated by a notary public, and the original birth certificate of the minor. 4. Young adults between the ages of 18 and 21 years must comply with the requirements established in the preceding paragraph, with the difference of presenting the identity card instead of the birth certificate. 5. In the case that the mother, the father or both parents are outside the country, the authorization for the minor to obtain the passport must be legalized to be effective in Honduras. 6. Minors who have contracted marriage or who have been emancipated or of age, are not required to present authorization from parents or guardians to obtain the passport. In these cases they shall present the document that proves one of the circumstances previously mentioned.

REQUIREMENTS TO OBTAIN A PASSPORT ABROAD. To obtain an ordinary passport abroad, the interested party must comply with the following requirements:

• 1)

  Purchase a postal money order in the name of the General Treasury of the Republic of Honduras from any of the offices or authorized agents of the postal service of the United States of America (USPS) or in other countries, postal or bank money order in the name of the General Treasury of the Republic of Honduras;

• 2)

  Present themselves at the Honduras consulate of their convenience with the following documents: a) Postal or bank money order; and, b) Identity Card. 3. In case of not having an Identity Card, the procedure shall be as follows:

  • a)

    The consular agent shall proceed to capture the applicant's data in the system. In those consulates that do not have the system, the consular agent shall fill out the corresponding form.

  • b)

    In cases where the information is captured in the system, the General Directorate of Migration and Foreign Nationality shall request the National Registry of Persons to confirm it and once the information is confirmed, it shall proceed to authorize the electronic issuance of the passport.

  • c)

    In cases where the information is captured in a form, it must be accompanied by the fingerprints of the applicant and a recent photograph. The General Directorate of Migration and Foreign Nationality shall consult with the National Registry of Persons if the applicant is registered and once the information is verified, it shall proceed to authorize the issuance of the passport manually. The Secretariat of Governance and Justice, through the General Directorate of Migration and Foreign Nationality, shall send to the Secretariat of Foreign Relations the instructions and authorized forms for the request and issuance of ordinary passports manually by those consulates that do not have an electronic system. 3. Minors under 18 years of age must appear accompanied by both parents or by the father or mother exercising parental authority and in their absence by their guardians or legal representatives, who must present their identity card, an authorization for passport issuance signed by both parents or by the father or mother exercising parental authority, their guardians or legal representatives, authenticated by a notary public, and the original birth certificate of the minor. 4. Young adults between the ages of 18 and 21 years must comply with the requirements established in the preceding paragraph, with the difference of presenting the identity card instead of the birth certificate. 5. In the case that the mother, the father or both parents are in Honduras, the authorization for the minor to obtain the passport must be authenticated by a notary. 6. Minors who have contracted marriage or who have been emancipated or of age, are not required to present authorization from parents or guardians to obtain the passport. In these cases they shall present the document that proves one of the circumstances previously mentioned.

VALIDITY OF THE PASSPORT. Ordinary passports shall have a validity period of five or ten years. In the case of minors, passports shall only be granted with a validity period of five years.

NON-RENEWAL OF PASSPORT. Once the validity period of an ordinary passport has expired, it cannot be renewed and the interested party must obtain a new one.

EMERGENCY PASSPORT. The Secretariat of Governance and Justice through the General Directorate of Migration and Foreign Nationality may issue emergency passports to foreigners with the status of refugee, asylee, stateless persons or those foreigners who have lost their travel documents and whose countries of origin do not have diplomatic or consular representation in Honduras. The emergency passport shall have a validity period of one year and does not exempt the obligation to obtain the corresponding travel permit each time the foreigner leaves the country.

ISSUANCE OF PASSPORT ABROAD. The issuance of ordinary passports and safe-conducts abroad shall be the responsibility of the Secretariat of Foreign Relations, through diplomatic and consular representations, in accordance with the technical specifications and security criteria determined by the Secretariat of Governance and Justice. The diplomatic and consular representations shall submit to the General Directorate of Migration and Foreign Nationality the reports that the Secretariat of Governance and Justice deems appropriate. SECOND SECTION OF SPECIAL TRAVEL PERMIT AND SAFE-CONDUCT Article 103.- SPECIAL TRAVEL PERMIT. The General Directorate of Migration and Foreign Nationality in duly qualified cases shall issue special permits valid for a single trip to persons who individually or collectively, such as national artistic, sports, cultural or excursionist delegations, need to travel to other countries. It shall also do so for foreigners in specially qualified situations.

QUALIFIED CONDITIONS. The General Directorate of Migration and Foreign Nationality shall grant special travel permits to nationals or foreigners in the following cases:

• 1)

  For reasons of health;

• 2)

  For trips of delegations such as sports, artistic or cultural;

• 3)

  For meetings of an official nature; and, 4. By resolution of expulsion or deportation in the case of foreigners who do not have a valid travel document and whose country of origin has no diplomatic or consular representation in Honduras.

THE SAFE-CONDUCT AND ITS VALIDITY. The safe-conduct shall be issued by diplomatic and consular representations to Hondurans who are abroad without their passport and shall be valid only to return to Honduras. THIRD SECTION OF CANCELLATION AND RETENTION OF DOCUMENTS

CANCELLATION AND RETENTION. The General Directorate of Migration and Foreign Nationality shall proceed to the retention and cancellation of Honduran passports that show signs of alteration or falsification, as well as the retention of foreign passports with these same characteristics, without prejudice to what is established in other legal provisions. Special travel permits and safe-conducts shall lose their validity when the Honduran enters the national territory; the migration authorities shall retain and cancel them at the ports of entry and exit of the country. Likewise, they shall retain diplomatic and official passports that have lost their validity, remitting them to the General Directorate of Diplomatic Protocol of the Secretariat of Foreign Relations and ordinary passports to the General Directorate of Migration and Foreign Nationality. CHAPTER II OF VISAS

OF VISAS. The entry visa to Honduras shall be issued to foreigners when so required, through the diplomatic or consular representations of Honduras, in accordance with the provisions issued by the Secretariat of Foreign Relations, with prior agreement with the Secretariat of Governance and Justice. The visas granted to foreigners do not guarantee their entry into the territory of the Republic of Honduras. The visa only constitutes a preliminary authorization for entry and does not confer the right to remain in the country beyond the period for which it has been granted by the respective Migration Officer at the port of entry. The period for which the residence of a foreigner with a visa in Honduras may be authorized shall be determined in each case in accordance with the instructions that shall be issued for such purpose by the General Directorate of Migration and Foreign Nationality. The foreigner who wishes to continue in the country beyond the authorized period of residence must submit, three (3) days before its expiration, a request to the General Directorate of Migration and Foreign Nationality.

SPECIAL REGIME OF CONSULTED VISAS. The Government of Honduras shall establish a special regime of consulted visas whose issuance requires prior authorization from the General Directorate of Migration and Foreign Affairs. This regime shall be issued by Agreement of the President of the Republic countersigned by the Secretariats of Internal Governance and Justice and of Foreign Affairs. The Agreement shall contain the list of countries subject to the special regime, the authorization procedures and mechanisms of entry. The Secretariat of Foreign Affairs, the diplomatic missions and the consulates of Honduras shall strictly observe the special regime of consulted visas and may not authorize the entry of nationals of countries that require prior consultation with the General Directorate of Migration and Foreign Affairs, without such Directorate having issued a favorable ruling.

VISAS FOR INVESTORS. Visas for investors, requirements, procedures and benefits thereof shall be regulated by the provisions of the regulatory norms established regarding migratory facilities for foreign investors or in the conventions, agreements and international treaties on the matter.

AUTHORIZATION OF ENTRY WITHOUT VISA. In cases of urgency and for duly qualified reasons the General Directorate of Migration and Foreign Affairs may authorize in writing the entry of foreigners without consular or consulted visa in the following cases:

• 1)

  By written and motivated request of the Branches of State;

• 2)

  By written and motivated request of foreign governments or international organizations; and 3. For humanitarian reasons. The Director General of Migration and Foreign Affairs may exempt from payment of the corresponding fee those foreigners authorized to enter without visa for humanitarian reasons.

REQUIREMENTS FOR AUTHORIZING ENTRY VISA. Every entry visa shall be issued in the passport or in another valid travel document. An entry visa shall not be granted to those who have any of the impediments specified in article 81 of the Migration and Foreign Affairs Law or when the entry of a person has been prohibited by written orders of the Director General of Migration and Foreign Affairs.

ENTRY AND MIGRATORY CONTROL. All national and foreign persons entering the country shall do so exclusively through the ports enabled for such purpose and shall be subject to migratory control. The migration service has priority to monitor and inspect the entry and exit of persons in international maritime, air and land transit, and shall collaborate with health and security authorities for the fulfillment of its functions.

ENTRY REQUIREMENTS. To enter the national territory, foreigners must comply with the following requirements:

• 1)

  Identify themselves through valid travel documents;

• 2)

  Provide to the migration authorities the information requested of them;

• 3)

  Meet the required conditions for the entry permit; and, 4. Present medical certification, submit to medical examination or quarantine when Honduran health authorities deem it necessary. Entry of foreigners with safe conduct shall not be permitted, except in cases where there exists a treaty, convention or agreement on the matter or in the case that the foreigner is in transit through the national territory to proceed to their country of origin or residence. In the case of non-resident foreigners, the passport must have a minimum validity of three (3) months.

CASES IN WHICH ENTRY TO THE COUNTRY SHALL NOT BE PERMITTED. The General Directorate of Migration and Foreign Affairs shall deny entry to the country to the foreigner, even if in possession of the respective visa, who finds themselves in any of the following cases:

• 1)

  When by provision of the State's migratory policy their entry or residence in the country is prohibited;

• 2)

  When they suffer from diseases in accordance with what is established by Honduran health authorities;

• 3)

  When they suffer from acute, chronic, mild psychosis or dementia and in general those with disabilities who for this reason cannot be responsible for themselves. In the case of minors who find themselves in these conditions or of persons with disabilities in general, the migratory authority may permit entry to the country when they are under the care and responsibility of national or foreign persons who, in the judgment of the General Directorate of Migration and Foreign Affairs, offer sufficient guarantee that they can care for them and assume responsibility for them adequately;

• 4)

  When they suffer from mental alterations or alterations of their state of consciousness or conduct that makes them irresponsible for their acts or causes them personal, social or family difficulties for living harmoniously in the country;

• 5)

  Those who are members of gangs, cartels or other associations of illicit character, extremist or fundamentalist groups that practice, promote or encourage violence in any of its forms, beggars, vagrants, witches, sorcerers, healers, fortune tellers or charlatans, or those who practice prostitution or those who intend to introduce them to practice it, drug addicts and those engaged in illegal trafficking in heroin and narcotics, illegal trafficking of persons and arms, and in general all those who live at the expense of the aforementioned, accompany them, exploit or encourage in any form their activity;

• 6)

  Those who advise, incite, teach or practice disobedience to Honduran laws and authorities, the overthrow of the Honduran government, the disregard of the democratic system of government or promote or act against it or ally themselves with causes or countries that aggress against Honduras and its national interests;

• 7)

  Those who have suffered conviction for common crimes, excluding common crimes connected to political crimes; and 8. Those who have been sanctioned with deportation or expulsion and have not obtained permission to re-enter. In any of the cases mentioned and without any prior proceeding, the General Directorate of Migration and Foreign Affairs shall immediately proceed to the reembarkation of the foreigner whose entry is rejected. If the foreigner in the conditions described in this article is already in the national territory, the General Directorate of Migration and Foreign Affairs shall proceed to their immediate deportation.

IRREGULAR ENTRY OR RESIDENCE. The entry or residence of foreigners is considered irregular when they find themselves in any of the following situations:

• 1)

  Having entered through a port of entry not officially enabled;

• 2)

  Having entered through an official port without the corresponding registration;

• 3)

  When any of the norms regulating the entry and residence of foreigners in Honduras have not been complied with; and, 4. Exceeding the authorized time of residence.

INITIAL TIME OF RESIDENCE. The General Directorate of Migration and Foreign Affairs may authorize the initial residence of a non-resident foreigner in the following manner: 1. Travelers in transit for sports, conventions, health, conferences, scientific, special events, delegates or commercial representatives, traveling agents and public entertainment artists, thirty (30) days. 2. Temporary migrant workers, cross-border workers and international transport crew members, thirty (30) days. 3. Tourists, official mission, special visitors, asylum and refuge applicants, ninety (90) days. 4. Travelers in transit three (3) days. The foregoing provisions shall be applied without prejudice to what is established in international agreements, conventions or treaties and in circulars or provisions issued by the Secretariat of State in the Offices of Internal Governance and Justice or the General Directorate of Migration and Foreign Affairs.

EXTENSIONS. The General Directorate of Migration and Foreign Affairs may authorize extensions of residence to non-resident foreigners in the following manner: 1. In the cases established in numerals 1 and 2 of the preceding article, two extensions of thirty (30) days or a single extension of sixty (60) days maximum. 2. Travelers in transit a single extension of up to three (3) days, under justified reasons subject to prior evaluation by the General Directorate of Migration and Foreign Affairs. In the cases established in numerals 1 and 3 of the preceding article and in situations duly justified by the General Directorate of Migration and Foreign Affairs, it may grant a single extension of thirty (30) additional days, after the ninety (90) days established by the Law.

REQUIREMENTS FOR LEAVING THE COUNTRY. Every person who leaves the national territory shall do so through the ports of exit officially established, carry the necessary documentation and submit to migratory control. Persons who intend to leave the country must also: 1. Be of legal age or not be subject to parental authority or guardianship; otherwise they must travel accompanied by the persons who exercise parental authority or guardianship over them and in default, present the authorization duly authenticated to leave the country granted by such persons. In the case that the parents or one of them are abroad, the authorization must be authenticated by the Honduran diplomatic or consular representative. 2. In the case of persons eighteen (18) years of age and under twenty-one (21) years of age, authorization may be granted only once, which shall remain valid until the minor adult reaches the age of majority. 3. Minors who have contracted marriage or who have been emancipated or granted legal capacity are not required to present authorization from parents or guardians to leave the country. In these cases they shall present the document that proves one of the circumstances previously mentioned. 4. In the case of Hondurans leaving to work abroad, they must prove that they have been contracted with the guarantees established in the Labor Code and other applicable laws. Honduran sailors must present to the migratory authority at the port of departure the individual embarkation voucher issued by the General Directorate of Employment and signed by the Chief of the Foreign Affairs Department or by the Internal Control Delegates. The authorization for the departure of minors may be individual or collective and shall be used only once, for which purpose the Migration Delegate shall retain the original authorization.

CASES IN WHICH DEPARTURE FROM THE COUNTRY MUST BE PREVENTED. Migration authorities shall prevent the departure from the country of every person against whom there exists an order preventing departure or a warrant of capture decreed by a competent court. Likewise, the departure of minors and foreigners who do not have the corresponding authorization shall be prevented, when in accordance with the Law and this Regulation they must obtain it.

CASES IN WHICH REJECTION APPLIES. The rejection of a foreigner is immediate and shall apply in the following cases:

• 1)

  When they do not meet the entry requirements or do not present the migratory documents required by the Migration and Foreign Affairs Law;

• 2)

  When there exists a prohibition of entry ordered by competent authority;

• 3)

  When they find themselves in one of the situations indicated in Article 81 of the Migration and Foreign Affairs Law;

• 4)

  When they are caught in the attempt to enter the country through a port not enabled for such purpose or evading the respective migratory control; and, 5. When they have been deported or expelled from the country and have not obtained permission to re-enter issued by the competent authority.

CIRCUMSTANCES IN WHICH DEPORTATION APPLIES. The General Directorate of Migration and Foreign Affairs shall proceed to deport every foreigner who finds themselves in any of the following circumstances:

• 1)

  When they enter or remain in the country with false documents, without prejudice to the corresponding criminal sanction;

• 2)

  When after their residence or special permission of residence has been cancelled, they continue in the country;

• 3)

  When they have entered the country clandestinely or without complying with the norms on admission of foreigners; and 4. When they exceed the authorized time of residence without leaving the country; however, the General Directorate of Migration and Foreign Affairs may commute the deportation by a pecuniary sanction equivalent to ten percent (10%) of the minimum wage in effect for the service sector, for each month of overstay.

CASES IN WHICH EXPULSION APPLIES. The Secretariat of State in the Offices of Internal Governance and Justice shall order the expulsion of foreigners when they are included in the following cases:

• 1)

  Those convicted of crimes after serving their sentence or having obtained a pardon;

• 2)

  Those who engage in illicit activities or activities not authorized in their entry permit, special permission of residence or residence;

• 3)

  Those who threaten the health, economy, environment, international peace and international relations of Honduras with other friendly countries;

• 4)

  Those who participate in movements of any nature that use or encourage violence to achieve their objectives, in riots, in disruptive meetings or favor or promote in any manner armed conflicts of national and international character, social instability, ungoverability, non-compliance with the Law or social or political agitation;

• 5)

  When they have entered the country concealing their condition as deportees or expellees from Honduras, without prejudice to the corresponding criminal sanction;

• 6)

  When they fraudulently make use of or attribute to themselves a migratory status or category different from that which has been granted to them by the Honduran migratory authorities;

• 7)

  Those who have obtained residence, special permission of residence or naturalization in fraudulent form or whose naturalization certificate has been cancelled; and, 8. Those who engage in activities different from those for which they have been authorized or fraudulently practice a profession or trade.

EXEMPTION FOR DEPORTED OR EXPELLED PERSONS. Foreign nationals rejected, deported or expelled through the country's international airports or borders shall be exempt from all payment of taxes, fees or administrative services that result from their departure.

OBLIGATION OF THE COURTS OF THE REPUBLIC. The courts of the Republic shall place at the disposal of the migration authorities, for their deportation or expulsion, foreign nationals who have been convicted of committing a crime during their stay in the country, once the sentence has been served. Likewise, for compliance with what is prescribed in this Article, the General Directorate of Migration and Foreigners through the Inspection Department or the Interior Control Migration Delegations, shall maintain the corresponding statistics on foreign nationals tried and convicted by the Courts of the Republic with the objective that expulsions be carried out in the shortest time possible after the sentence has been served. CHAPTER IV OF EXTRADITION

COMPETENT AUTHORITY. The delivery or receipt of extradited persons in accordance with the Law and the international treaties ratified by the State of Honduras shall be the responsibility of the Secretariat of State in the Office of Governance and Justice in coordination with the Secretariat of State in the Office of Foreign Relations and other authorities related to the case. When it concerns the extradition of a foreign resident, the Secretariat of State in the Office of Governance and Justice shall proceed first with the cancellation of residency.

TITLE X FEES FOR MIGRATION SERVICES SOLE CHAPTER OF FEES FOR MIGRATION SERVICES

SECRETARIAT OF STATE IN THE OFFICE OF GOVERNANCE AND JUSTICE. The migration services and corresponding documents issued by the Secretariat of State in the Office of Governance and Justice in favor of national and foreign persons shall be subject to the payment of fees and charges in accordance with the following tariffs: 1. Residencies for renters, pensioners and investors $300.00 2. Residencies for spouses, minor children, dependent adult children, and the grandparents of the latter. $150.00 3. Residencies for spouses of Hondurans by birth or common-law union. $200.00 4. Residencies for being grandparents, parents or siblings of Hondurans by birth. $200.00 5. Residency for Central American immigrants $300.00 6. Residency for Ibero-American immigrants $400.00 7. Residency for immigrants of other nationalities. $500.00 8. Naturalizations for Central Americans. $200.00 9. Naturalizations for Ibero-Americans. $300.00 10. Naturalizations for remaining nationalities. $400.00 11. Change of migration status $100.00 12. Waiver for motor vehicle $300.00 13. Waiver for household furnishings $200.00 14. Request for pardon for reentry of expelled or deported foreign nationals $300.00 15. Individual knowledge examination and outside of scheduled date to apply for Honduran nationality by naturalization $100.00 16. Permission for resident renters or pensioners to engage in remunerated activities. $200.00

GENERAL DIRECTORATE OF MIGRATION AND FOREIGNERS. The migration services and corresponding documents issued by the General Directorate of Migration and Foreigners in favor of national and foreign persons shall be subject to the payment of fees and charges in accordance with the following tariffs: 1. Passport for five years $35.00 2. Passport for ten years $50.00 3. Emergency passport for one year validity $35.00 4. Passport issued at consulates for five years $60.00 5. Passport issued at consulates for ten years $75.00 6. Special travel permit per person (over 12 years old) $10.00 7. Special permit of permanence for each year $100.00 8. Registration of special permit of permanence and residency $20.00 9. Registration change of migration status $20.00

10. Extensions of permanence for non-resident foreign nationals for each month. $20.00 11. Books or electronic register of guests authorized at hotels for each fiscal period: Hotels with 1 to 25 rooms Hotels with 25 to 50 rooms Hotels with 50 to 100 rooms Hotels with more than 100 rooms $25.00 $50.00 $75.00 $100.00 12. Visa request consulted $100.00 13. Change of migration category $100.00 14. Modifications of conditions within the same migration category $50.00 15. Annual special permit of permanence for students at any level of the national education system $50.00 17. Programming of urgent appointment for passport issuance $20.00 18. Rescheduling of appointment for passport issuance generated by the system. $5.00 19. Entry of non-Central American foreign nationals by the land route $3.00 20. Exit of foreign nationals by air route $3.00 21. Certifications, certificates or attestations L. 150.00 Excepted from the charges established in items 19 and 20 of this article are all foreign nationals holding an official or diplomatic passport.

FORM OF PAYMENT. Fees and charges shall be paid upon delivery of official receipt of payment from the General Treasury of the Republic, collected through authorized institutions of the national financial system and abroad in the manner provided in Article 98 of this Regulation

TITLE XI MEANS OF TRANSPORT SOLE CHAPTER OF MEANS OF TRANSPORT

INSPECTION OF MEANS OF TRANSPORT. Migration officers shall subject to migration inspection, both upon entry and exit from the country, the means of national and international transport, passengers and crew.

OBLIGATION OF MEANS OF TRANSPORT. National and international transport companies, terrestrial, maritime and aerial, have the obligation to ensure through their agents or employees that the documentation of foreign nationals traveling within and outside the country complies with the legal and regulatory requirements demanded. The foreign national whose entry is rejected for lacking these requirements shall leave the country at the expense of the respective transport company, without prejudice to the sanctions that correspond to it in accordance with the Migration and Foreigners Law and this Regulation. Stowaways shall be returned to their place of origin or departure at the expense of the company that transported them to the country.

LODGING, CUSTODY AND OTHER EXPENSES. Once the violation of the Law by the transport company is proven and it cannot immediately return the passenger, it shall be obligated to cover the expenses of lodging, custody and other expenses caused by the foreign national it transported without valid documents or corresponding requirements. The foregoing provision shall also be applicable to transit passengers who do not meet the migration requirements for entry.

OBLIGATION TO PRESENT EMBARKATION OR DISEMBARKATION MANIFESTS. National and international passenger transport companies are obligated to present to the migration authorities, both upon entry and exit from the country, the documents and manifests of embarkation or disembarkation which shall contain the following information:

• 1)

  Names, surnames, nationality and age of passengers and crew;

• 2)

  Passport number or travel document of passengers and crew; and, 3. Reason or company name of the enterprise. Likewise, the personnel of international air, maritime and land transport companies, both national and foreign, are obligated to collaborate with the General Directorate of Migration and Foreigners in the collection of information about travelers leaving and entering the country.

ISSUANCE OF THE ENTRY AND EXIT CARD FOR INTERNATIONAL MIGRATION MOVEMENTS. International air, maritime or land transport means are obligated to issue the Entry and Exit Card for international migration movements and provide their passengers with the same, in accordance with the specifications established by the General Directorate of Migration and Foreigners.

OBLIGATION OF CREW. Crew members and personnel of national and international means of transport that arrive or leave the country shall provide themselves with documentation that certifies their identity and their condition as such. Likewise, they are obligated to comply with migration control and the requirement of visa when applicable. TITLE XII INFRACTIONS AND SANCTIONS CHAPTER I INFRACTIONS AND SANCTIONS OF PUBLIC OFFICIALS AND EMPLOYEES

INFRACTIONS AND SANCTIONS. Officials or employees of the General Directorate of Migration and Foreigners or those who provide related services in other State departments, diplomatic or consular agents and those who are delegated migration functions and who breach the provisions of the Migration and Foreigners Law, without prejudice to any criminal liability that may apply, shall be sanctioned with a fine of half a minimum wage to three minimum wages taking as reference that established for the service sector, temporary suspension from office or dismissal, when they incur in the following infractions:

• 1)

  Failing to inform the migration authorities of reports or data they have about the irregular entry, permanence or exit of foreign nationals or nationals in the country;

• 2)

  Permitting, participating in or facilitating the irregular entry of foreign nationals;

• 3)

  Permitting, participating in or facilitating the irregular exit of nationals or foreign nationals from the country;

• 4)

  Maliciously or with notorious negligence obstructing the processing of migration matters;

• 5)

  Intervening for themselves or through third parties to obtain personal benefit in the management of matters handled in these departments or making charges not established in this Regulation; and, 6. Improperly withholding or failing to issue within the established time period, the documents to which the interested party is entitled. CHAPTER II INFRACTIONS AND SANCTIONS OF NATURAL OR LEGAL PERSONS

SANCTION APPLICABLE TO HOTEL OWNERS. The owners, administrators, managers or persons in charge of hotels, boarding houses and similar establishments shall be sanctioned with a fine of one minimum wage to three minimum wages taking as reference that established for the service sector, when they incur in the following infractions:

• 1)

  Failure to comply with the obligation to maintain a guest register;

• 2)

  Lodging foreign nationals without the corresponding registration; and 3. Refusing to provide information about guests or to cooperate with the migration authority.

OF TRANSPORT COMPANIES. National or international transport companies, air, maritime or land-based shall be sanctioned with a fine of one minimum wage to five minimum wages taking as reference that established for the service sector, when they incur in the following infractions:

• 1)

  Failure to deliver the list of passengers and crew or resistance to the inspection of the means of transport;

• 2)

  Transporting foreign nationals without their respective migration documentation; and 3. Breach of the obligation to transport to the place of origin or departure at their own expense foreign nationals whose entry is rejected for lacking the requirements established in the Migration and Foreigners Law. 4. Failure to issue the entry and exit card for international migration movements. 5. Failure to comply with the obligation to cover the expenses of lodging, custody and other expenses caused by the foreign national it transported without valid documents or corresponding requirements, as well as transit passengers who do not meet the migration requirements for entry.

SANCTIONING AUTHORITY. The fines established in this Regulation shall be imposed by the General Directorate of Migration and Nationality following a hearing of the violator, without prejudice to the criminal actions that may apply. Natural or legal persons to whom a pecuniary sanction is imposed in application of the Migration and Nationality Law may make use of the pertinent remedies. TITLE XIII GENERAL AND FINAL PROVISIONS CHAPTER I GENERAL PROVISIONS

RIGHTS OF FOREIGNERS, FAMILY MEMBERS OR DEPENDENTS WITH RESIDENCE OR SPECIAL PERMIT OF PERMANENCE. Foreigners who have obtained residence or special permit of permanence by virtue of being relatives or dependents of foreigners with residence or with special permit of permanence shall not lose their migratory status or category in the following cases:

• 1)

  By death of the foreigner holding the residence or special permit of permanence;

• 2)

  By naturalization of the foreigner holding the residence or special permit of permanence; and, 3. By cancellation of the residence or special permit of permanence to the foreigner holding it, provided that the Ministry of Governance and Justice, or the General Directorate of Migration and Nationality as appropriate, deem continued permanence in the country advisable.

OBLIGATIONS OF FOREIGNERS, FAMILY MEMBERS OR DEPENDENTS WITH RESIDENCE OR SPECIAL PERMIT OF PERMANENCE. Foreigners who have obtained residence or special permit of permanence by virtue of being relatives or dependents of foreigners with residence or with special permit of permanence shall have the obligation to request the change of their migratory status or category in the following cases:

• 1)

  Upon reaching the age of majority, except where the relationship of dependency continues for reasons of study, disability or other circumstances duly justified to the satisfaction of the Ministry of Governance and Justice or the General Directorate of Migration and Nationality;

• 2)

  By having contracted marriage;

• 3)

  By emancipation or coming of age; and, 4. By engaging in remunerated activities.

USE OF ELECTRONIC MEANS. The use of electronic signatures and means is authorized for all proceedings conducted before the Ministry of Governance and Justice. Likewise, the use of computer and digital systems is authorized to maintain internal controls and files. The General Directorate of Migration and Nationality shall authorize the registration of guests in hotels, lodgings and similar establishments by means of electronic systems or control books. In the case of electronic registration, written request shall be submitted to the General Directorate of Migration and Nationality, accompanied by a description of the equipment and programs available for such purpose.

TRUST PERSONNEL. For the purposes of the Migration and Nationality Law and this Regulation, trust personnel shall mean any person in a company who:

• 1)

  Makes management decisions;

• 2)

  Represents it directly; or, 3. Makes decisions that compromise the administration of its material, human or financial resources.

APPLICATIONS FOR FORGIVENESS. Deported or expelled foreigners may request forgiveness in order that the prohibition of entry to the national territory be suspended, after two (2) years have elapsed in the case of deportation and five (5) years in the case of expulsion. The presentation of the application for forgiveness does not obligate the State of Honduras to grant forgiveness or authorize the re-entry of the foreigner.

SUBMISSION OF THE APPLICATION. The application for forgiveness shall be submitted before the Ministry of Governance and Justice, complying with the following requirements:

• 1)

  Stamps required by law which shall be affixed to the application, for each of the applicants;

• 2)

  Authenticated Power of Attorney expressing the personal information of the legal representative, the powers with which he is vested, his address and telephone number, fax or email address, as appropriate;

• 3)

  A recent color photograph of 6 centimeters in height by 5 centimeters in width taken from the front; and 4. Any other information or document required by the State Ministry in the Offices of Governance and Justice for the most accurate resolution of the matter. All documents originating abroad must be presented duly legalized and those authorized in a foreign language officially translated by the State Ministry in the Office of Foreign Relations or by the consulates of Honduras.

ADMINISTRATIVE REMEDIES. With respect to the challenge of resolutions and rulings, it shall be subject to the remedies provided for in the Administrative Procedure Law. CHAPTER II FINAL PROVISIONS

VISA REGIME. While the provisions on consular visas and the special regime of consulted visas whose issuance requires prior authorization from the migration and nationality authorities, established in Articles 75, 76, 77 and 78 of the Law, are being issued, the authorization and issuance of visas shall be carried out in accordance with what is established in Executive Decree Number 001-SG-01 of August 6, 2001, which contains the "Instruction for the Issuance of Visas to Foreigners". Cases not provided for shall be regulated by exchange of notes between the Ministry of Governance and Justice and the Ministry of Foreign Relations. The regulation for the issuance of consular visas and the special regime of consulted visas, as well as the instruction for migration officers at the migration ports referred to in Article 107 of this Regulation, shall be in force forty-five (45) days after publication of this Regulation in the Official Gazette La Gaceta.

PROCESSING OF APPLICATIONS SUBMITTED BEFORE THE MIGRATION AND NATIONALITY LAW BECAME EFFECTIVE. Applications submitted before the Ministry of Governance and Justice and before the General Directorate of Population prior to the effectiveness of the Migration and Nationality Law and this Regulation shall be processed and resolved in accordance with the prior legislation.

EFFECTIVENESS OF THE REGULATION. This Regulation shall become effective on the date of its publication in the Official Gazette "La Gaceta".