Reform to Articles of the Law on Diplomatic and Consular Service of Honduras 2014

Reform Articles 1, 4; 7; 13; 14; 15; 17; 19; 23; 24; 26; 27; 28 numeral 1); 29; 30 numerals 7) through 14); 31; 33; 40; 49; 61 numeral 5); 62; 65; 68; 91; 92 first paragraph and 106 of the LAW OF THE DIPLOMATIC AND CONSULAR SERVICE OF HONDURAS, contained in Decree No 80-2013, dated May 21, 2013, published in the Official Gazette La Gaceta on June 7, 2013, which shall be read with the following new wording:

This Law is the legal instrument for the application of Honduras' Foreign Policy, to contribute to the preservation of sovereignty and national security, to maintain and ensure peace, political stability and the economic and social prosperity of all its inhabitants, which shall be executed through the Ministry of State in the Department of Foreign Affairs. Likewise, it establishes the Special Regime of the Diplomatic and Consular Service of Honduras, which includes all officials and public servants registered in the Diplomatic and Consular Register, in order to ensure the professionalization of the Service, in accordance with national interests and in accordance with the norms established in the Constitution of the Republic and the laws, treaties and international agreements. Without prejudice to the provisions set forth in Article 70, the provisions of this Law do not apply to:

• 1)

  Officials and public servants at the free appointment and removal of the President of the Republic;

• 2)

  Officials and public servants not incorporated into the Diplomatic and Consular Register, who perform functions in the Foreign Service;

• 3)

  Officials and public servants under the Civil Service Regime or other special regimes;

• 4)

  Assimilated Officials and Attachés; and, 5) Public servants who perform as Consultants.

For the purposes of this Law, the following shall be understood as:

• 1)

  The Ministry: The Ministry of State in the Department of Foreign Affairs;

• 2)

  Secretary of State: The Secretary of State in the Department of Foreign Affairs;

• 3)

  Undersecretary of State: One of the Undersecretaries of State in the Department of Foreign Affairs;

• 4)

  Embassy: The Diplomatic Mission of Honduras accredited before another State;

• 5)

  Consular Office: The office in charge of consular affairs and consular protection;

• 6)

  Permanent Mission: The representation of Honduras accredited before an international organization;

• 7)

  Head of Mission: The holder of an Embassy, a Permanent Mission or a Consular Office;

• 8)

  Consular Section: The office of an Embassy that performs consular functions;

• 9)

  Diplomatic and Consular Service: The officials and public servants who work in the Internal Service and in the External Service of the Ministry, incorporated into the Diplomatic and Consular Register;

• 10)

  Internal Service: The officials and public servants who work in the Ministry, incorporated into the Diplomatic and Consular Register;

• 11)

  External Service: The officials and public servants who work in the Embassies, Permanent Missions and Consular Offices of Honduras, whether or not incorporated into the Diplomatic and Consular Register;

• 12)

  Salary: It is the only monthly compensation that the State, through the Ministry, must pay to the official for his performance in the Internal Service or in the External Service;

• 13)

  Comparative Factor: It is the percentage valuation to establish the comparison parameters between the geographic location, cost of living, typology, concurrence and country of assignment of the Embassy, Permanent Mission and Consular Office. In the case of Heads of Mission, the differentiation according to the complexity of the attributions assigned and country of destination shall also be taken into account;

• 14)

  Monthly Allowance: It is that which is granted monthly to the official, while exercising a position in the External Service, in compensation for the work performed, calculated according to the Comparative Factor established by the Ministry and which does not form part of his salary;

• 15)

  Operating Expenses: Those are the resources allocated exclusively to cover expenses directly linked to the operation of Embassies, Permanent Missions and Consular Offices;

• 16)

  Representation Expenses: Those that have a direct relationship with the mission or position performed by an official and that do not constitute a salary supplement, determined in accordance with what is established in the General Budget Provisions;

• 17)

  Attachés: Public servants appointed and accredited by the Ministry to perform different tasks in areas related to diplomatic functions;

• 18)

  Assimilated Officials: Public servants appointed in Embassies, Permanent Missions and Consular Offices at the proposal of other departments of the Public Administration, charged to their own budget, and under the authority of the Head of Mission;

• 19)

  Diplomatic and Consular Register: It is the systematization of the Diplomatic and Consular Service, which shall have a Registry of Officials of the Diplomatic and Consular Service in a situation of active service, availability or retirement;

• 20)

  Diplomatic and Consular Register Commission: The one in charge of conducting the system of the Diplomatic and Consular Service, studying and proposing the incorporations and promotions, as well as availabilities and retirements of officials and public servants in the Diplomatic and Consular Register; and, 21) Academy: Diplomatic Academy José Cecilio del Valle. When reference is made to the Career Diplomatic and Consular Service, the Diplomatic and Consular Service shall be understood.

The Ministry shall develop as its own the respect, dissemination and defense of the principles of non-intervention and self-determination of peoples, the promotion of Honduras' interests in a context of peace and respect for international law, based on co-responsibility between the government and the various social actors, ensuring a deep connection with Honduran communities abroad, to defend effectively and efficiently their rights and interests.

Officials and servants of the External Service of Consular category are placed in the following ranks:

• 1)

  Consul General;

• 2)

  Consul;

• 3)

  Vice Consul; and, 4) Consular Agent.

At the request of the Ministry, officials and public servants of the External Service of diplomatic category may perform consular functions in accordance with the following equivalencies:

• 1)

  Minister Counselor equivalent to Consul General;

• 2)

  Counselor equivalent to Consul;

• 3)

  First Secretary equivalent to Vice Consul; and, 4) Second Secretary equivalent to Consular Agent.

For the different areas related to diplomatic functions, the Ministry may appoint and accredit officials and public servants with the rank of Attaché, when permitted by the receiving State. These must act as technical advisors in different specializations, are subject to the authority of the Head of the Mission and enjoy diplomatic status while performing as such. In no case may Attachés be incorporated into the Diplomatic and Consular Register.

If necessary, for the better performance of diplomatic and consular functions, the Ministry may authorize, within the limits of the allocation of Operating and Representation Expenses, the local hiring of technical, administrative, security, service, maintenance and driver personnel. This personnel must be hired by the Head of Mission respecting the national legislation of that country and always within the budgetary limits of the operating and representation expenses allocated to the Mission. The contracts signed by the Head of Mission must terminate without exception, on December 31 of each year and disputes that may arise in the contracts must be resolved in accordance with applicable legislation.

Honorary Consuls may be appointed when necessary and if permitted by the receiving State. The zone in which he exercises jurisdiction must have a significant Honduran population or an economic or political interest of special relevance to Honduras. The designated person must be prominent in the community, enjoy an excellent reputation and offer his facilities for the operation of an Ad Honorem Consular Office.

The Diplomatic and Consular Register is the systematization of the Diplomatic and Consular Service, which must have a registry of officials and public servants incorporated, according to their rank, level, precedence and history, in accordance with what is established in this Law and its Regulations.

The ranks in the Diplomatic and Consular Register are the following:

• 1)

  Ambassador;

• 2)

  Minister;

• 3)

  Minister Counselor;

• 4)

  Counselor;

• 5)

  First Secretary;

• 6)

  Second Secretary;

• 7)

  Third Secretary. Each of the ranks must have three (3) levels, structured in consideration of professional qualifications, experience and precedence, for the purposes of defining salary allocation and estimating the professionalization of the Service. Such ranks must maintain their respective equivalencies in the consular category, in accordance with what is established in Articles 14 and 65 of this Law.

The Diplomatic and Consular Register Commission is responsible for conducting the system of the Diplomatic and Consular Service and ruling on matters relating to the entry and promotions, transfers, rotations, availabilities and retirements of officials and public servants in the Diplomatic and Consular Register, in accordance with its regulations. Likewise, it is in charge of the selection of human resources, their annual evaluation, registry, rank, level, merit, seniority and other related matters. The Commission must be presided over by the Director General of Foreign Policy and is also composed of the Secretary General, the Director of the Academy, the Director General of Consular Affairs, the Human Resources Sub-Manager and two (2) representatives of the Diplomatic and Consular Service in active status. The Human Resources Sub-Manager must act as Secretary of the Commission.

The Commission referred to in the preceding Article must meet ordinarily every three (3) months and extraordinarily when necessary, by convocation of the Director General of Foreign Policy.

The Diplomatic and Consular Register Commission has the following powers:

• 1)

  To conduct the system of the Diplomatic and Consular Service;

• 2)

  To issue resolutions on the entries, promotions, transfers, rotations, availabilities and retirements of officials and public servants in the Diplomatic and Consular Register, in accordance with its regulations or in any other matter related to the Diplomatic and Consular Service Regime;

• 3)

  To convoke applicants to the selective tests for entry to the Diplomatic and Consular Service; and, 4) To annually evaluate the officials and public servants of the Diplomatic and Consular Service, on the basis of performance criteria established by the Regulations of the Commission. In any case, any resolution issued by the Diplomatic and Consular Register Commission may be appealed before the Secretary of State.

The Diplomatic and Consular Service is a professionalized, specialized, hierarchical, disciplined public function, subordinated and based on the principle of merit and structured as a Special Regime of Civil Service.

The requirements for entry into the Career Diplomatic and Consular Service are the following:

• 1)

  To be of Honduran nationality by birth;

• 2)

  Not to be a resident or citizen of another State;

• 3)

  To be over twenty-three (21) years of age;

• 4)

  To be in the full exercise of his civil and political rights;

• 5)

  To hold a university degree from a duly accredited academic institution;

• 6)

  To enjoy good health;

• 7)

  To present a Criminal Background Certificate;

• 8)

  To present a Police Background Certificate;

• 9)

  To be of notoriously good conduct;

• 10)

  Not to have pending legal proceedings against the State of Honduras;

• 11)

  To have sufficient knowledge of at least one foreign language;

• 12)

  To approve the Diploma of the Diplomatic Academy;

• 13)

  To approve the entrance examination; and, 14) To comply with the requirements established for the rank or level, as applicable.

The official or servant who enters the Diplomatic and Consular Service and therefore the Diplomatic and Consular Register shall start at the rank of Third Secretary or the one corresponding according to his academic credentials and professional experience, being subject to the transfers and rotations established in Chapter III, Section Six of this Law.

The entry, promotion, availability or retirement of officials and public servants of the Diplomatic and Consular Service to the Diplomatic and Consular Register, or the declaration of nullity thereof, must be done by means of Resolution of the Diplomatic and Consular Register Commission.

Availability is a condition of inactivity of the official or public servant of the Career Diplomatic and Consular Service; it can only be decided by the Diplomatic and Consular Register Commission or at the request of the interested party, which is approved by means of Resolution.

Officials and public servants of the Diplomatic and Consular Service exercise positions in the External Service for a minimum term of three (3) years and a maximum of four (4) consecutive years, being rotated to the Internal Service for the same period of time and vice versa. The aforementioned terms may vary in consideration of the needs of the Service.

It is the responsibility of the Heads of Consular Offices to comply with the following specific obligations:

• 1)

  To direct, execute and coordinate the functions established in the Job Profile Manual of the External Service;

• 2)

  To protect and promote, in their respective Consular Jurisdictions, the interests of Honduras and the rights of its nationals;

• 3)

  To promote cultural and commercial exchange, investment and tourism;

• 4)

  To exercise, when appropriate, functions of civil registrars;

• 5)

  To exercise notarial functions in acts and contracts celebrated in the country where accredited that must have legal effects in Honduran territory in accordance with what the Notary Code and its Regulations provide;

• 6)

  To observe and execute the other measures contemplated in Decree No. 263-2011 dated January 19, 2012 Consular Services and Acts of Consular Protection, its Regulations, Circulars and instructions received from the Embassy to which they are assigned and from the Ministry;

• 7)

  To send monthly to the Ministry the report of Income from Consular Services and Acts of Consular Protection;

• 8)

  To send monthly to the Embassy to which it is assigned and to the Ministry, the Management Report, the Operating and Representation Expenses Report and the Staff Attendance Report, in accordance with the formats established by the Ministry;

• 9)

  To present his Statement of Assets before the Superior Court of Accounts, as well as to furnish the bond in accordance with the Law; and,

• 10)

  To send an Annual Report of Activities in accordance with the institutional guidelines contained in the Instructional Manual for the Preparation of Reports.

Consular officials cannot make any collections, such as: fees, honoraries, commissions or other charges that are not established in the Regulations of Decree No 263-2011 of January 19, 2012 Consular Services and Acts of Consular Protection and by other legal provisions. The violation of this Article gives rise to dismissal and entails administrative and criminal responsibility.

All officials and public servants of the Internal Service and the External Service receive a salary that is determined in consideration of the position, rank or level they hold, as applicable, for which the following Table of Equivalencies of Positions is established: TABLE OF EQUIVALENCIES OF POSITIONS IN THE INTERNAL SERVICE IN THE DIPLOMATIC SERVICE IN THE CONSULAR SERVICE Administrative Ambassador _______________ Minister _______________ Executive Minister Counselor Consul General Technical Administrative III Counselor Consul First Secretary Vice Consul Technical Administrative II Second Secretary Consular Agent Technical Administrative I Third Secretary _______________ Attaché _______________ Operative _______________ _______________

For the purposes of this Law and its Regulations, Comparative Factor is called the percentage valuation that allows establishing the parameters of comparison between the geographic location, cost of living, typology, concurrence and country of assignment of the Embassy, Permanent Mission or Consular Office. In the case of Heads of Mission, the differentiation according to the complexity of the attributions assigned and the country of destination must also be taken into account.

For the achievement of the purposes and objectives established in this Law, the SCHOOL OF INTERNATIONAL RELATIONS AND DIPLOMACY shall henceforth be called the DIPLOMATIC ACADEMY JOSÉ CECILIO DEL VALLE, whose purpose is the continuing education, training, instruction and professionalization of officials and public servants of the Diplomatic and Consular Service. The Academy is governed by its Internal Regulations.

The Ministry of State in the Department of Finances must authorize and execute monthly the total incorporation into the Budget of the Ministry, of the collections for the issuance of passports abroad and other consular proceedings. This budgetary incorporation shall be carried out through the automatic extension mechanism, provision for the performance of Mobile Consulates, the acquisition of passport booklets, payment of service and equipment maintenance contracts for data capture and passport issuance; as well as to improve professional capabilities, allocations according to the Comparative Factor, the acquisition of equipment, the arrangement of diplomatic and consular offices and operating expenses of the Ministry.

Officials and public servants who have more than twenty (20) continuous years in a situation of availability or retirement must be separated from the Diplomatic and Consular Register by means of Resolution of the Commission.