Agreement-SDN-061-2025

The scope of application of this Regulation comprises the airspace and maritime space of the Republic of Honduras in accordance with Article 12 of the Constitution of the Republic and other applicable national and international regulations.

The purpose of this Regulation is to establish the standards and procedures to which official, humanitarian, and military aircraft entering in condition of overflight and/or landing in Honduran territory must be subject, as well as warships, other State vessels, intended for non-commercial purposes and other submersible vehicles that navigate, dock or anchor in national jurisdictional waters.

This Regulation shall not be applicable to: 1. Warships or State vessels engaged in commercial activities that must comply with all provisions and obligations imposed on regular commercial navigation; and, 2. Military aircraft and/or warships of belligerent States or States in conflict, because their entry, stay and departure shall be regulated exclusively by International Law and special measures adopted by the State of Honduras, case by case. TITLE II DEFINITIONS

For purposes of this Regulation, the following definitions are established: 1. Internal Waters: According to the United Nations Convention on the Law of the Sea, 1982, internal waters are all those found within the baseline, established in accordance with the Convention itself, including anchorages, estuaries, fluvial and lacustrine waters, even if they are not considered navigable waterways. 2. Territorial Sea: Understood as the breadth of its territorial sea up to a limit not exceeding 12 nautical miles from the baselines determined in accordance with UNCLOS 1982, the Straight Baselines Law and other applicable regulations. 3. Warship: A warship is understood to be any vessel belonging to the Armed Forces of a State, which bears the distinctive external signs of the warships of its nationality, which is under the command of an officer duly designated by the Government of that State, whose name appears in the corresponding officers' register or equivalent and whose crew is subject to the discipline of the regular Armed Forces. Likewise, private vessels contracted by the requesting State for the transport of troops or military supplies are included, provided that such vessels are commanded by an Officer duly designated by the Government of that State, whose name appears in the corresponding officers' register or equivalent and whose crew is subject to military discipline. 4. State Vessel Intended for Non-Commercial Purposes: A State vessel intended for non-commercial purposes is understood to be any merchant vessel belonging to a State whose mission is to transport cargo intended for humanitarian aid, armament or other similar cargo without the existence of payment of maritime freight, or vessels belonging to a State intended for other tasks such as school ships, hospital ships, scientific research vessels or others that must be defined by the State whose flag the vessel flies. Vessels intended for the transport of Heads of State and Government, High-Ranking Military Officials, Diplomatic Corps, Government Officials and others duly accredited are included. If there is no clear definition of the type of vessel made by the Flag State, it shall be the responsibility of the General Directorate of Merchant Marine, through the Maritime Security Department, to define the type of vessel in question. 5. Immunity: Warships, as well as vessels belonging to a State or operated by it and used exclusively for an official non-commercial service, enjoy complete immunity from jurisdiction on the high seas with respect to any State other than its flag State. However, this rule is applicable to all maritime spaces in which a warship finds itself, except with regard to compliance with the rules of passage through territorial seas and internal waters. 6. Passage: Passage, as defined in the International Convention on the Law of the Sea, 1982, is the act of navigating through the territorial sea for the purpose of traversing such sea without entering internal waters or calling at a roadstead or port installation outside internal waters, or proceeding towards internal waters or leaving them, or calling at one of the roadsteads or port installations or leaving them. Passage must be rapid and uninterrupted. However, passage includes stopping and anchoring, but only insofar as they constitute normal incidents of navigation or are imposed on the vessel by force majeure or serious difficulty or are undertaken for the purpose of rendering assistance to persons, vessels or aircraft in danger or in manifest grave difficulty. 7. Dangerous Goods: Any object or substance transported by air or sea that may constitute a risk to health, safety, property or the environment and that appears on the list of dangerous goods regulated in different international conventions. 8. UNCLOS 1982: The United Nations Convention on the Law of the Sea, 1982 (UNCLOS) approved in Montego Bay, Jamaica, December 10, 1982 and in force since November 16, 1994. 9. Classification of Visits by Warships: According to the nature of the request and authorization of a warship visit to Honduran jurisdictional waters, visits are classified as: a. Official Visits: When made at the request of a foreign State or by invitation of the State of Honduras, following what is established in this Regulation. b. Unofficial Visits: When the Government of a foreign State so requests and the State of Honduras so authorizes, by mutual agreement, to avoid giving it particular relevance and the stopover and stay in Honduran port is for the purpose of making repairs, fueling or rest of the crew of such vessel. c. Operational Visit: When a force or warship or State vessel intended for non-commercial purposes enters Honduran jurisdictional waters for the purpose of participating in naval or combined military exercises, humanitarian assistance, hospital assistance, search and rescue, scientific cooperation, sanitary, hydrographic or oceanographic, or when they carry out activities of transport of personnel or military cargo, as logistical support, training and crew training. d. Entry of Vessels that Do Not Have the Character of a Visit: Warships or State vessels intended for non-commercial purposes that enter jurisdictional waters and/or Honduran ports as a result of forced arrival due to meteorological causes, breakdowns, sanitary reasons and other similar unforeseen causes shall not have the character of a visit. In these cases, the assistance they need shall be provided, in accordance with local possibilities and as a demonstration of humanitarian solidarity from the Government of the Republic of Honduras. When such a warship or State vessel intended for non-commercial purposes in forced arrival carries a Head of State or outstanding representative personality, it may be conferred the status of an official visit, prior urgent diplomatic notification. 10. Unauthorized Maneuvering: For purposes of Title IV of this Regulation, all actions that may put human life at sea at risk, vessel safety, maritime traffic, marine environment and port facilities are understood. 11. Foreign Aircraft: Those that are not part of the State of Honduras and are not registered in the National Aeronautical Registry (RAN), according to the Civil Aeronautics Law and its Regulation, and for purposes of the application of this Regulation shall be understood as such the classification established in Article 5. 12. Submersible Vehicles: A vessel designed to operate both on the surface and below the surface of the water, or exclusively below the surface of the water, may be autonomous or assisted by a mother vessel, manned or unmanned. Its design is adopted for various types of maritime activities including: The transport of cargo of great weight and volume, marine exploitation, recreation, oceanography, equipment recovery, etc. Likewise, the following terminology should be understood: a. SEDENA: Secretariat of State in the Ministry of National Defense b. SRECI: Secretariat of State in the Ministry of Foreign Affairs and International Cooperation c. FNH: Naval Force of Honduras d. FAH: Honduran Air Force e. COFAH: Air Force Operations Center of Honduras f. FF.AA: Armed Forces of Honduras g. AHAC: Honduran Civil Aeronautics Agency h. DGMM: General Directorate of Merchant Marine i. EMC: Joint Staff j. JEMC: Joint Staff Command k. UNCLOS (1982): United Nations Convention on the Law of the Sea TITLE III OVERFLIGHT AND/OR LANDINGS

For purposes of the application of this Regulation, an aircraft is any machine or apparatus that can be sustained in the atmosphere by air reactions other than reactions of the air against the surface of the earth or water.

Aircraft shall be subdivided into official, humanitarian and military: 1. Official aircraft are: Those that transport State officials, diplomats and/or international missions, as well as those that carry out official State missions. 2. Humanitarian aircraft are: Those that provide assistance for humanitarian purposes to save lives, maintain human dignity, in prevention or to provide assistance in situations of emergency or unforeseen circumstance. 3. Military aircraft are: Those belonging to Armed Forces of a foreign State or equivalent institutions duly registered and all those that have belligerent characteristics, distinctive military signs, transport armament or explosives that are under the command of military personnel in active service.

The request for overflight or landings over national territory shall be submitted through a verbal note from the embassy or international organization, which must be channeled through the SRECI, who shall forward it in writing to the SEDENA; attaching Forms SDN 001 and SDN 002. If the request mentioned in the previous paragraph is made on non-business days and hours, it must be sent to the SEDENA through electronic means through the SRECI. If the request meets the requirements established in this Regulation, it shall be forwarded to the JEMC, who in turn shall give instructions to the FAH for the assignment of the diplomatic clearance number and transponder code.

Foreign military, official and humanitarian aircraft may not transit or land in national territory if they do not have authorization granted by the SEDENA. The request must be directed to the SRECI through the respective diplomatic mission, or by the interested international organization, and must adhere to the following timeframes: 1. When the flight transports dangerous cargo as established in Annex 18 to the Convention of the International Civil Aviation Organization (ICAO) (Safe Transport of Dangerous Goods by Air), with a minimum period of ten (10) business days in advance. Any modification to what was requested must be submitted with three (3) business days in advance. 2. When the flight is military logistics and maintenance and does not transport dangerous cargo, with a minimum period of five (5) business days. Any modification to what was requested must be submitted with two (2) business days in advance. 3. When it comes to official flights, with a minimum period of forty-eight (48) hours. Any modification to what was requested must be submitted with twenty-four (24) hours in advance. 4. When it comes to humanitarian flights with a period of twenty-four (24) hours. However, in cases of extreme urgency it must be carried out at the moment of becoming aware of the need for overflight.

Requests for overflight or landing of foreign aircraft of an official, humanitarian and military character must complete the requirements defined in forms SDN 001 and SDN 002. In the request, the complete itinerary that the aircraft will have must be included, with dates, times, routes, places of departure and landing, information of the mission and the activities of its passengers. In the case of aircraft that transport weapons, they must specify brand, model, serial number, caliber, ammunition and magazines. In no case may any type of unauthorized war armament be transported over national territory, even if the preset form issued by the Secretariat of National Defense has been completed. Aircraft that provide humanitarian services must not be armed, nor transport armed personnel.

In situations of national emergency or natural disasters, foreign aircraft that provide services within the country, whether of a humanitarian character, in rescue missions or in cooperation, shall obtain the respective authorizations, giving priority to these situations. The SRECI must notify electronically to the SEDENA and it in turn must communicate to the JEMC, with a copy to the General Command of the Honduran Air Force.

The authorization for overflight or landing over national territory shall have a validity of seventy-two (72) hours, as of the date of the flight and which for reasons of force majeure or unforeseen circumstance could not be carried out as planned. If the flight is not carried out within the established time period, another request must be submitted following the process established in Articles 5 and 6 of this Regulation, being able to amend the submitted request, as long as the conditions of the first request are maintained.

Foreign aircraft entering or leaving national territory shall be obligated to use the routes, points and altitude that were authorized by the air traffic control centers. Likewise, it must use the transponder code assigned by the Air Force Operations Center of Honduras.

The SEDENA may prohibit or restrict overflight in certain zones and times of national territory, for military or public security reasons and due to exceptional circumstances, overflights within national territory may be temporarily prohibited.

Aircraft that present breakdowns, lack of fuel or adverse meteorological conditions that prevent them from continuing with their pre-established trajectory and need to land at an airport different from the one indicated in their itinerary, may request an emergency landing if necessary, preferably at airports in the country with international category, otherwise at aerodromes or controlled airfields and must be subject to applicable legislation. Subsequently, it shall submit a report on what occurred to the corresponding entities. If the aircraft presents defects, faults or there are meteorological conditions that prevent its departure from national territory, it must notify the SEDENA, accompanied by proof of justified cause, if it exists, it shall be granted seventy-two (72) hours for its departure.

In case of national and international health emergency, serious disturbance of peace, invasion of national territory or any other general calamity, the SEDENA may temporarily suspend the entry into national territory of foreign aircraft through a provision or order established by emergency decree.

No foreign aircraft that flies over or lands on national territory may utilize surveillance systems, cameras, or recording systems.

Overflight permits may not be authorized for a period exceeding that established in this Regulation.

If an accident occurs during an overflight or landing, the investigation and actions shall be subject to the provisions of the Convention on International Civil Aviation of 1944 (Chicago Convention Annex 13), and shall be the responsibility of the Aircraft Accident and Incident Investigation Commission (CIAIA), attached to SEDENA of the Republic of Honduras. TITLE IV APPLICABLE NORMS FOR THE TRANSIT AND ENTRY OF WARSHIPS AND STATE VESSELS INTENDED FOR NON-COMMERCIAL PURPOSES

This Title aims to establish and regulate the transit, entry, visit, or stay of warships and state vessels intended for non-commercial purposes in jurisdictional waters and ports of the Republic of Honduras, which carry out operational, logistical, humanitarian, protocol, or academic activities in jurisdictional waters that include maritime, fluvial, or lacustrine spaces in times of peace.

Aircraft of foreign Armed Forces that alight or land on water in Honduran jurisdictional waters shall be considered as such provided that they are commanded by an Officer duly designated by the Government of that State whose name appears in the corresponding officers' roster or its equivalent and whose personnel are subject to military discipline. Aircraft embarked on foreign warships are considered an integral part of their weapons systems; therefore, they shall be governed by this Regulation.

Aircraft embarked on warships, in order to conduct flights in Honduran airspace, shall submit the formal request following the specifications of the pertinent articles of this Regulation.

Aircraft embarked on warships and authorized to fly over Honduran airspace shall comply with all provisions established in this regulation, current national regulations, and those established by SEDENA and AHAC. Aircraft embarked on warships and authorized to conduct flights or overflights according to this regulation shall have the following prohibitions: 1. The use of photographic or filming equipment without proper authorization from SEDENA. 2. Overflight of military installations, Air Bases, Naval Bases, and restricted state infrastructure without prior and explicit authorization from the State of Honduras. 3. Flying with explosives, bombs, depth charges, or other analogous weapons. 4. Use of their weapons. 5. Use of their radio equipment on unauthorized frequencies. 6. Embark or disembark commercial cargo. 7. Failure to comply with their Flight Plan previously authorized by SEDENA and AHAC. 8. Board unauthorized passengers. 9. Interfere in any manner with communications.

Applications for entry of warships or state vessels intended for non-commercial purposes must be channeled by SRECI to SEDENA with at least forty-five (45) days in advance of the entry of said vessels into Honduran jurisdictional waters. In the case of warships or state vessels intended for non-commercial purposes that by exercise of the Right of Transit intend to navigate through Honduran jurisdictional waters, they must submit the application through SRECI to SEDENA with at least seven (7) days in advance of said transit. The compliance with said periods is excepted in cases of emergency caused by natural disasters, calamity, or others requiring forced arrival of vessels, with prior authorization from the corresponding authorities mentioned above.

SEDENA shall authorize by means of the corresponding SDN 003 format, the entry or transit of warships or state vessels intended for non-commercial purposes to jurisdictional waters (interior waters and territorial sea) of Honduras. It must notify the Maritime Authority and the FNH. Vessels in passage through Honduran jurisdictional waters shall complete the SDN 004 form pre-established by SEDENA.

Applications shall specify:

• 1)

  Entity of the applicant;

• 2)

  Date, time, and port of arrival;

• 3)

  Name and official registration of the vessel;

• 4)

  Main characteristics;

• 5)

  Mission to be carried out in the country;

• 6)

  Name of the Captain in Command, list of crew members and passengers (if applicable); and, 7. Information contained in the pre-established form.

In the case of forced arrival, the Commander of the Warship or State Vessel intended for non-commercial purposes may make the application through use of the Global Maritime Distress and Safety System (GMDSS) to the Port Captain in whose jurisdiction the vessel must enter or navigate and to the Chief of Operations of the Naval Force, who in turn shall immediately notify the Maritime Authority of Honduras, the JEMC, and the Secretary of State in the Office of National Defense, who shall notify SRECI and the Presidency of the Republic. The required form must be completed, stating the reason for the forced arrival.

Warships and others intended for non-commercial purposes that enter Honduran ports shall comply with the laws and regulations of the Coastal State relating to passage through the territorial sea in accordance with the provisions of UNCLOS 1982; in the event of non-compliance with any national or international regulation or failure to comply with what was authorized, the State of Honduras may require it to immediately leave said waters and initiate international responsibility proceedings for any damage or loss.

Warships and others intended for non-commercial purposes must display clear and identifiable signs as vessels in service of a government and authorized for such purpose.

In the territorial sea, submarines or other military submersible vehicles must navigate on the surface and fly their flag in accordance with article 20 of UNCLOS 1982.

Warships or State vessels intended for non-commercial purposes must refrain from entering Honduran jurisdictional waters without having received the authorization provided for in this regulation, with the exception of cases of forced arrival.

As a general rule, the number of warships or State vessels intended for non-commercial purposes of the same State that may be found in Honduran jurisdictional waters shall not exceed two (2) vessels, except by special authorization granted by the Government of the Republic of Honduras through SEDENA, excepting vessels intended for humanitarian aid.

SEDENA may authorize the entry of warships or State vessels intended for non-commercial purposes, in a number greater than that specified in article 33 of this regulation when it concerns military exercises previously agreed upon or humanitarian operations or search, rescue and salvage operations, or other circumstances that warrant it. Said approval must be reported by SRECI to the respective State.

The duration of stay of warships or State vessels intended for non-commercial purposes, according to the type of visit, shall be as follows: 1. Official Visit: They shall not remain longer than 15 days in Honduran ports nor more than 20 days in Honduran jurisdictional waters. 2. Unofficial Visit: They shall not remain longer than 7 days in Honduran ports nor more than 15 days in Honduran jurisdictional waters. 3. Operational Visit: They shall not remain longer than 7 days in Honduran ports nor more than 15 days in Honduran jurisdictional waters. 4. The duration of stay specified in this article shall not apply in the following cases: a. Official visits by foreign heads of state. b. Conduct of combined naval operations. c. Conduct of humanitarian activities of search, rescue and salvage, sanitary, scientific, hydrographic or oceanographic activities. d. Forced arrival. e. In application of existing Bilateral Conventions.

Prohibited activities in Honduran jurisdictional waters: 1. Warships or State vessels intended for non-commercial purposes are prohibited from interrupting the regular navigation of other vessels or causing extreme danger to the navigation of other vessels through unauthorized maneuvers. 2. It is prohibited to conduct artillery exercises, missile launches, rockets, torpedoes or depth charges, mine laying or sweeping, amphibious landings and other naval-military activities, except when vessels have entered in operational visit and participate in combined naval maneuvers with the FNH and have been expressly authorized by SEDENA. 3. It is prohibited to conduct hydrographic, oceanographic, geodetic, topographic, meteorological, magnetic, electromagnetic, geophysical, seismic, hydrobiological work, collection of marine fauna or flora, soundings, submarine explosions, filming, bathymetric and bathythermographic work, except when the vessel or vessels have been specifically authorized by SEDENA. In these cases, accompaniment must be established through members of the FNH or the Maritime Authority, as appropriate, and delivery of all information gathered to SEDENA. Prior to the authorization granted for the conduct of any activity mentioned in this subsection, the pronouncement of governmental institutions that have competence in the matter must be requested. 4. It is prohibited to conduct maintenance work on vessel hulls, except when done in dry docks and with supervision of the Maritime Authority and the FNH. 5. It is prohibited to conduct fishing, hunting or similar activities, landing of personnel on islands, islets and cays. 6. It is prohibited nighttime navigation with lights off and radio silence and navigation in reserve zones. 7. It is prohibited the loading or unloading of merchandise or commercial articles. The exception is provisioning of the vessel, which must be handled by a shipping agency authorized by the Maritime Authority. 8. It is prohibited the landing of armed personnel, armed minor vessels or others, without prior authorization by SEDENA. 9. It is prohibited the landing and flight of embarked aircraft without prior authorization from SEDENA. 10. It is prohibited the execution of the death penalty in Honduran jurisdictional waters. 11. It is prohibited entry into roadsteads, ports and other sea passages without the proper presence of a Honduran pilot-practitioner on board. 12. It is prohibited the discharge of contaminants, waste and other analogous substances, comprised in MARPOL Convention 73/78 as amended directly into the sea. Discharges of waste may be conducted, following the protocols established in national and international legislation. Notwithstanding what is provided in this Regulation, when there are reasons of national security or public interest, SEDENA may temporarily suspend or deny navigation to foreign vessels in Honduran maritime spaces. Likewise, when there are matters related to the combat of terrorism, smuggling, piracy at sea, illegal trafficking of persons, arms, organized crime and structured groups of narcotics and psychotropic substances among others, SEDENA may declare at any time, provisionally or permanently closed the innocent passage of foreign vessels in the territorial sea, indicating the term of suspension or permanent closure, in accordance with what is stipulated in article 25 of UNCLOS.

The following are obligations that must be complied with by warships or State vessels intended for non-commercial purposes: 1. The provisions in force regarding fiscal, sanitary or maritime police matters and the protection plans of Honduran ports where they arrive or dock. 2. Maritime safety regulations, marine environment protection and other national and international provisions.

All activities to be conducted by any warship or State vessel intended for non-commercial purposes must be previously scheduled with SEDENA with the naval attachés or, failing that, with the diplomatic representatives of the State of the flag of the vessel. Upon arrival of said vessel, SEDENA in coordination with the EMC shall appoint a Liaison Officer between the vessel or vessels, for purposes of coordination of activities.

SEDENA shall authorize the request for entry into territorial waters or innocent passage of military vessels and others intended for non-commercial purposes, and must notify the Maritime Authority and the FNH.

Aircraft and unmanned submersible vehicles must be subject to the national legislation in force in this matter.

Matters not contemplated in this regulation must be subject to the national legislation in force and international conventions.

Forms SDN 001, SDN 002, SDN 003 and SDN 004, described in this regulation, must be published through the web portal of the State Secretariat of the Office of National Defense, fifteen (15) days after this regulation enters into force.

This regulation shall enter into force from the date of its publication in the Official Journal 'La Gaceta'. Given in the city of Tegucigalpa, Municipality of the Central District, on the twenty-ninth (29) day of the month of April of the year two thousand twenty-five (2025). LET IT BE COMMUNICATED AND PUBLISHED. RIXI RAMONA MONCADA GODOY STATE SECRETARY OF THE OFFICE OF NATIONAL DEFENSE ATTORNEY ELENA MICHELLE VALLECILLO FUENTES GENERAL SECRETARY OF THE STATE SECRETARIAT OF THE OFFICE OF NATIONAL DEFENSE