Agreement 008-2025
- Decree: 008-2025
- Published: January 30, 2025
- Gazette: 36,753
- Category: Administrative
Summary
This agreement approves a regulation establishing how the Special Protection Unit will pay travel allowances and travel expenses to its officials and security personnel. It defines daily amounts based on job position, geographic location, and country, ensuring they have resources to travel safely while protecting officials at risk.
Considerations
Whereas Article 6 of the Law of Special Protection of Public Officials and Former Public Officials at Extraordinary Risk, as amended by Legislative Decree No. 106-2021 dated December 10, 2021, published in the Official Gazette La Gaceta No. 35,802 dated December 20, 2021, creates the Special Protection Unit (UEP), as a technical, specialized and permanent entity.
Whereas Article 2 of Decree No. 143-2021 dated January 15, 2022, published in the Official Gazette La Gaceta No. 35,825 dated January 18, 2022, establishes that for the application of Articles 6, 7 and 10 of Legislative Decree No. 323-2013, as amended by Decree No. 106-2021, the Unit is understood to be an entity of public law and independent with categorization as an institution of the Public Sector without assignment to a cabinet and which shall enjoy administrative, technical, financial and budgetary autonomy for purposes of the Budget of Income and Expenditures of the Republic.
Whereas in accordance with the provisions of Article 7 of the Law of Special Protection of Public Officials and Former Public Officials at Extraordinary Risk, as amended by Legislative Decree No. 106-2021 dated December 10, 2021, published in the Official Gazette La Gaceta No. 35,802 dated December 20, 2021, the Special Protection Unit (UEP) is the entity responsible for providing protection and security services to the natural persons at risk described in the aforementioned Law; in addition to preparing the respective risk analyses and recommending the pertinent protection schemes.
Whereas by Legislative Decree No. 323-2013 dated January 15, 2014, published in the Official Gazette La Gaceta No. 33,467 dated July 1, 2014, the Law of Special Protection of Public Officials and Former Public Officials at Extraordinary Risk was approved with its amendments contained in Decrees 106-2021 and 143-2021, published in the Official Gazette La Gaceta No. 35,802 and No. 35,825 dated December 20, 2021 and January 18, 2022, respectively; with the purpose of establishing the legal framework that regulates the implementation of special protection measures for natural persons who have provided or provide services to the State and who, as a direct consequence of decisions and actions inherent to their position, are exposed to extraordinary risks and real threats against their integrity or that of their family unit.
Whereas Article 10 of the Law of Special Protection of Public Officials and Former Public Officials at Extraordinary Risk, as amended by Legislative Decree No. 106-2021 dated December 10, 2021, published in the Official Gazette La Gaceta No. 35,802 dated December 20, 2021, establishes that the Special Protection Unit (UEP) must have the basic resources necessary to provide the protection service to the protected subject, including the security and mobility expenses of the protected public official or former public official and the personnel assigned to their protection, covering the operational expenses and costs necessary to provide real protection in the lives of public officials and former public officials and all logistical mechanisms that guarantee security and protection.
Whereas Article 2 of Decree No. 143-2021 dated January 15, 2022, published in the Official Gazette La Gaceta No. 35,825 dated January 18, 2022, establishes that expenses incurred by the Special Protection Unit in the acquisition, contracting and execution of goods, services, works and human resources, which if made public would put at risk the integrity of the institution's personnel or the protected subject, shall have the character of confidential and shall be carried out through expedited administrative procedures.
Whereas Article 2 of Legislative Decree No. 143-2021 dated January 15, 2022, published in the Official Gazette La Gaceta No. 35,825 dated January 18, 2022, establishes that it is the responsibility of the Director of the Special Protection Unit to provide legal representation thereof, as well as the authority to appoint and remove personnel, authorize compensation, remuneration, protection schemes and other powers inherent to their position that may be as necessary as required for the fulfillment of the objectives of the Law of Special Protection of Public Officials and Former Public Officials at Extraordinary Risk.
Whereas by Resolution No. CNDS-004/2023 dated June 5, 2023, issued by the National Defense and Security Council, the citizen JORGE ALBERTO ROSA ZELAYA was appointed to the position of Director of the Special Protection Unit (UEP).
Whereas the General Law of Public Administration, in its Article 116, establishes the following: "The acts of the organs of Public Administration shall adopt the form of Decrees, Agreements, Resolutions or Orders."
Articles
DEFINITIONS: For the purposes of this Regulation, the following terms shall have the meaning expressed hereinafter:
- a)
PER DIEM: Amount of money allocated daily to cover expenses for accommodation when officials must travel and remain outside the city of their workplace in accordance with an official assignment or mission. "Accommodation expenses" shall be understood as lodging and meals.
- b)
PER DIEM TABLE: Chart where categories, amounts, geographic zones, duration of travel, and payment currency are defined.
- c)
ENTERTAINMENT EXPENSES: Amount allocated exclusively to authorized officials to cover entertainment expenses in order to carry out the assigned mission or achievement of the Institution's objectives. ARTICLE 3.- GENERAL PROVISIONS: This Regulation applies to both officials and employees of the Special Protection Unit, as well as to personnel assigned to the protection schemes of subjects protected by the Special Protection Unit. Officials, employees, or assigned personnel, on official travels, shall lodge in places that, in addition to providing security, correspond to the category and dignity of the position they hold. The number of participants in each trip shall be limited to what is strictly necessary in accordance with the nature of the mission, its importance, and the complexity of the matter that motivates the trip. The duration of the trip shall be limited to the time necessary and exclusively to the days required for the fulfillment of the official mission. Personnel assigned to a special protection scheme for an official or former official at risk shall only be recognized for per diem payment for trips conducted within the country. No supplementary per diem payment and other travel expenses shall be recognized without prior authorization from the Director of the Special Protection Unit, for the time that exceeds what is provided for in the travel plan, when for unjustified reasons or due to negligence attributed to the official, employee, personnel assigned to the Special Protection Unit, or to the protection schemes of the protected subject, additional time has been used for the fulfillment of the assigned mission.
INVITATIONS TO EVENTS OR MISSIONS: The Director of the Special Protection Unit may authorize the payment of per diem to officials or employees of other State institutions and Senior Officers of the Armed Forces of Honduras, National Police, and National Direction of Investigation and Intelligence, for participation in missions or events of the Unit. Per diem shall be calculated by aligning the hierarchical category of the invited official or employee with those defined in this Regulation. ARTICLE 5.- ADVANCES FOR ENTERTAINMENT EXPENSES: Advances for entertainment expenses must be approved prior to an official travel mission taking place. In duly justified cases, these expenses may be approved subsequently. Officials of the Special Protection Unit may utilize entertainment expenses when the nature of their work justifies it. These expenses must be settled immediately after they are executed.
ADVANCES FOR PER DIEM AND OTHER TRAVEL EXPENSES: In order for the Administrative Management to carry out the corresponding procedures, the Advance for Per Diem and Other Travel Expenses must be presented, duly authorized, at least three (03) business days in advance. ARTICLE 7.- SETTLEMENT OF ENTERTAINMENT EXPENSES: Every official to whom entertainment expenses are authorized must present to the Administrative Management the respective settlement in the same form as the Per Diem Settlement. For recognition of entertainment expenses, the presentation of corresponding invoices shall be indispensable, accompanied by a report with the following details:
- a)
Principal official being entertained and their companions.
- b)
Reason for the entertainment.
- c)
Name and signature of the official responsible for the expense.
- d)
Name and signature of the official who authorized the expense.
- e)
When payment is made with a credit or debit card, the corresponding invoice and statement must be attached; otherwise it will not be recognized as an expense. Non-compliance with this Article shall require the reimbursement of amounts advanced for this purpose. ARTICLE 8.- TRAVEL REPORTS: All officials, employees, or personnel assigned to the Special Protection Unit must present the corresponding summary report, in the prescribed format, which must be attached to the respective settlement containing at minimum the name of the place(s) visited; the purpose of the trip; name, position, and signature of the immediate supervisor. ARTICLE 9.- HIERARCHICAL CATEGORIES: For the application of this Regulation, per diem and travel expenses shall be provided in accordance with the following categorization:
GEOGRAPHIC ZONES: For the application of this Regulation, per diem and travel expenses shall be provided in accordance with the following categorization: I.- GEOGRAPHIC ZONES WITHIN THE COUNTRY.- Zone I: Comprises the departments of Bay Islands and Gracias a Dios and the cities of Tegucigalpa, San Pedro Sula, Comayagua, Siguatepeque, Santa Bárbara, Puerto Cortés, La Lima, Juticalpa, Catacamas, El Progreso, Olanchito, Tela, La Ceiba, Trujillo, Tocoa, Santa Rosa de Copán, Copán Ruinas, Choluteca, San Lorenzo, and Danlí.- Zone II: Comprises the departmental capitals not included in Zone I and the following places: El Paraíso, Marcala, Choloma, and Villanueva.- Zone III: Comprises the rest of the country. GEOGRAPHIC ZONES OUTSIDE THE COUNTRY.- Zone I: Africa, Asia, Oceania, and Europe.- Zone II: Canada, United States of America, Mexico, South America, Panama, and the Caribbean.- Zone III: Central America and Belize. ARTICLE 11.- PER DIEM TABLE FOR MISSIONS WITHIN THE COUNTRY (Value in Lempiras) CATEGORY ZONE I ZONE II ZONE III I L 3,500.00 L 3,000.00 L 2,500.00 II L 3,000.00 L 2,500.00 L 2,000.00 III L 2,500.00 L 2,000.00 L 1,500.00
PER DIEM TABLE FOR MISSIONS OUTSIDE THE COUNTRY (Value in Dollars) CATEGORY ZONE I ZONE II ZONE III I $ 650.00 $ 550.00 $ 450.00 II $ 550.00 $ 450.00 $ 350.00 III $ 450.00 $ 350.00 $ 250.00
PROCEDURES FOR CALCULATING PER DIEM: Per diem shall be calculated based on hierarchical categories, geographic zones, periods of the mission, and the per diem tables of this Regulation. Per diem shall be calculated as follows:
- a)
The daily per diem allocation shall be computed for each night the traveler remains outside their office on official matters. Fifty percent (50%) of the daily rate shall be recognized for a fraction of a day;
- b)
For official trips carried out on the same day without involving overnight stay outside the urban area, meal expenses shall be recognized for each meal time in the amount of two hundred lempiras (L 200.00) regardless of the employee's category.
- c)
When invitations come from governments, institutions, and organizations to participate in official activities within or outside the country, with paid expenses less than those established, the difference shall be paid in accordance with this Regulation.
- d)
For national or international trips in which lodging and meals are provided, the traveler shall be recognized thirty percent (30%) of per diem; if lodging is provided, forty percent (40%) shall be recognized; if meals are provided, sixty percent (60%) of per diem shall be recognized.
PER DIEM TABLE FOR MISSIONS OUTSIDE THE COUNTRY (Value in Dollars) CATEGORY ZONE I ZONE II ZONE III I $ 650.00 $ 550.00 $ 450.00 II $ 550.00 $ 450.00 $ 350.00 III $ 450.00 $ 350.00 $ 250.00
PER DIEM TABLE FOR MISSIONS OUTSIDE THE COUNTRY (Value in Dollars) CATEGORY ZONE I ZONE II ZONE III I $ 650.00 $ 550.00 $ 450.00 II $ 550.00 $ 450.00 $ 350.00 III $ 450.00 $ 350.00 $ 250.00 ARTICLE 14.- SETTLEMENT PROCEDURES: Every person without exception to whom advances for per diem and other travel expenses have been granted must present to the Central Management within five (5) business days of their return the settlement in the corresponding form. Those travelers who, due to immediate assignment of other work, vacations, or leaves, do not settle within the established deadline, must do so within five (5) business days of returning to their duties. After the previous period, the official or employee who has not presented the settlement shall be requested in writing by the Central Management, granting a new deadline of 3 (three) days to settle, after which the Central Management shall quantify so that the pertinent deduction is made through payroll within a maximum period of three (3) months. No official, employee, or assigned personnel with a pending settlement shall be authorized for new advances for per diem or travel expenses. ARTICLE 15.- TRIPS NOT PERFORMED: If after approval of travel authorization, the trip is not carried out for any reason, officials, employees, or assigned personnel shall return within a maximum period of three (3) business days counted from the date of cancellation of the trip, the amounts received as advances in the same form, except for expenses that have been incurred and are not recoverable in relation to the trip. If after work has begun, a work mission is interrupted due to force majeure or an act of God, per diem shall be recognized proportional to the time elapsed. ARTICLE 16.- Any situation not provided for in this Regulation shall be resolved by Agreement by the Director of the Special Protection Unit.
EFFECTIVE DATE: This Regulation shall enter into force as of the date of its approval. SECOND: This Agreement is of immediate execution and has legal force. LET IT BE EXECUTED. Given in the city of Tegucigalpa, municipality of the Central District, on the second (2) day of the month of January of two thousand twenty-five (2025). (SIGNATURE AND SEAL) JORGE ALBERTO ROSA ZELAYA.- Director.- Special Protection Unit.- (SIGNATURE AND SEAL).- VÍCTOR PASTOR LOZANO MORAZÁN.- Secretary General.- Special Protection Unit.- Extended in the city of Tegucigalpa, municipality of the Central District, on the second (2) day of the month of January of two thousand twenty-five (2025). VÍCTOR PASTOR LOZANO MORAZÁN Secretary General Special Protection Unit
Related laws
- Acuerdo Ministerial No. SEN-008-2025 — Cancelación del cargo de Secretaría General a Ericka Lorena Molina Aguilar (Decree SEN-008-2025, 2025)
- Acuerdo Ministerial No. SEN-008-2025 — Cancelación de Secretaria General de la Secretaría de Estado en el Despacho de Energía (Decree SEN-008-2025, 2025)
- Acuerdo No. SEDECOAS-008-2025 — Nombramiento ad honorem como Director de Contrataciones del Fondo Hondureño de Inversión Social (Decree SEDECOAS-008-2025, 2025)
- Resolución No. DNII-015-2025 — Aprobación del Programa Nacional de Certificación y Recertificación (PNCR) (Decree DNII-015-2025, 2025)
- Acuerdo No. 008-2025 — Aprobación del Reglamento Administrativo de Viáticos y Otros Gastos de Viaje (Decree 008-2025, 2025)