Agreement-CU-E-072-05-2024

OBJECTIVE.

SCOPE.

PROMOTION OF INSTRUMENTS.

VALIDITY.

RESPONSIBLE PARTY FOR PROCESSING.

CLASSIFICATION OF INSTRUMENTS.

TERMINOLOGY. CHAPTER II PROCEDURE.

INITIATIVE.

REQUEST.

NEGOTIATION WITH THE COUNTERPARTY.

REQUIRED OPINIONS.

MODIFICATION OF THE INSTRUMENT.

FINAL OPINION.

APPROVAL AND SIGNATURE OF INSTRUMENTS.

AUTHORITY TO SIGN.

SIGNATURE MECHANISMS.

SIGNATURE AD REFERENDUM.

EXCHANGE.

REGISTRATION, FILING AND PUBLICATION.

IMPLEMENTATION AND FOLLOW-UP.

RENEWAL. CHAPTER III. FINAL PROVISIONS.

REPEAL.

TRANSITORY PROVISIONS.

ENTRY INTO FORCE. REGULATIONS ON COOPERATION INSTRUMENTS OF THE AUTONOMOUS NATIONAL UNIVERSITY OF HONDURAS. CHAPTER I. GENERAL PROVISIONS.

OBJECTIVE. The objective of this Regulation is to regulate the internal procedure for processing, approval, signature, ratification, registration, management and follow-up of all cooperation instruments, regardless of the form by which they are designated, that the UNAH enters into with other institutions, whether of a bilateral or multilateral character, with public or private legal entities, national or international.

SCOPE. This Regulation shall apply to cooperation instruments whose purposes fall within the substantive functions of the UNAH, such as those of an academic, research, outreach, well-being and student life nature or similar.

PROMOTION OF INSTRUMENTS. In order to achieve the objectives stipulated in Article 3 of the Organic Law of the UNAH, the execution of instruments with national and international entities shall be promoted, based on the principles contained in Article 4 of said Law and which are in keeping with the purposes of higher education, in accordance with the Academic Standards of the UNAH and in respect of its autonomy.

VALIDITY. Only cooperation instruments that have followed the procedure stipulated in this Regulation shall be valid and enforceable.

RESPONSIBLE FOR PROCESSING. For the processing of the instruments contemplated in this rule, the following shall be responsible: a. The Office of Academic Affairs (VRA): In those cases in which all subscribing parties are national. b. The Office of International Relations (VRI): In those cases in which one or more subscribing parties are foreign, or in the case of an international organization, even if it has a seat in Honduras. For purposes of this Regulation, both shall be designated generically as the "Responsible Office."

CLASSIFICATION OF INSTRUMENTS. Cooperation instruments shall be classified in the following manner: a. LETTER OF INTENT. The Letter of Intent is a document in which the intention of the parties to establish cooperation ties is reflected, without stipulating concretely enforceable obligations. b. AGREEMENT. The agreement is a document in which legally enforceable obligations and rights for the parties are created. By their scope, agreements are classified as: i. FRAMEWORK AGREEMENT: It is one through which a commitment to common collaboration is created between the signing parties, encompassing multiple areas of action and that may subsequently be specified in specific activities. ii. SPECIFIC AGREEMENT: It is one that defines and regulates the actions of the parties in a particular area and is formalized through the implementation of concrete activities. For the execution of this type of agreement, it shall not be necessary to execute a Framework Agreement in order to execute a Specific Agreement.

TERMINOLOGY. The instruments contemplated in this Regulation may be executed under any name or title, whether letter, agreement, accord, memorandum or other, notwithstanding, they shall be classified in accordance with the previous article according to their nature, content and scope and shall be processed according to the class to which they correspond. The responsible Vice-Rectory shall be responsible for classifying the instruments after receiving the execution request from the interested unit. In case there is a difference between the name or title of the instrument executed and its classification in accordance with this Regulation, the responsible Vice-Rectory shall note the fact to avoid confusion and shall process it in accordance with the figure that corresponds to it.

CHAPTER II. PROCEDURE.

INITIATIVE. The following departments of UNAH may request the execution of an instrument in accordance with this Regulation: a. The Rectory. b. The Faculties. c. The University Centers. d. The University Regional Centers. e. The Board of University Management. f. The Vice-Rectorships. g. The Executive Secretariats. h. The General Secretariat. i. The Office of the General Counsel.

REQUEST. The request for execution of an instrument shall be made by means of an official letter addressed by the interested department to the responsible Vice-Rectory, in which it shall set forth the following: a. Identification of the interested unit. b. Identification of the type of instrument to be executed. c. The statement of reasons and objectives that justify the execution of the instrument. d. Identification, legal constitution, if applicable, general information and contact data of the counterparty. e. Determination of financial and budgetary aspects, if applicable. f. Designation of persons or units responsible for the execution of the instrument and other information that is deemed relevant, at the request of the responsible Vice-Rectory. In case the department that promotes an instrument is the Academic Vice-Rectory or International Relations, this step shall be omitted and the file shall proceed directly to opening. The responsible Vice-Rectory must ensure that contact with the counterparty is made directly with the departments or persons who hold the necessary powers and representation for the negotiation and execution of the instrument. It shall likewise ensure that the counterparty is legally constituted in accordance with applicable regulations.

NEGOTIATION WITH THE COUNTERPARTY. Once the initial draft is prepared, the responsible Vice-Rectory together with the interested unit, shall negotiate the drafting with the counterparty in accordance with applicable legislation and regulations.

REQUIRED OPINIONS. Once the drafting of the instrument has been negotiated with the counterparty, the responsible Vice-Rectory shall request opinions in accordance with the following: a. LETTERS OF INTENT: Letters of intent shall have: i. Final opinion of the responsible Vice-Rectory. b. FRAMEWORK AGREEMENTS: Framework agreements shall have: i. Legal opinion of the General Counsel of UNAH. ii. Final opinion of the responsible Vice-Rectory. c. SPECIFIC AGREEMENTS: Specific agreements shall have: i. Legal opinion of the General Counsel of UNAH. ii. Opinion of the Executive Secretariat of Administration and Finance (SEAF), if the agreement contains budgetary implications for UNAH. iii. Opinion of the Academic Vice-Rectory (VRA), only if the agreement contains academic implications. If the VRA is the responsible Vice-Rectory, it shall include in its final opinion matters related to the aspects indicated in the document. iv. Opinion of any other department that the responsible Vice-Rectory deems necessary, according to the content of the agreement. v. Final opinion of the responsible Vice-Rectory. The opinions contemplated in this article that are requested by the responsible Vice-Rectory shall be issued by the concerned departments within ten (10) business days following receipt of the request.

MODIFICATION OF THE INSTRUMENT. Insofar as it is reasonable, the responsible Vice-Rectory shall seek to modify the instrument in accordance with the requested opinions, reserving under its responsibility, the decision and the manner of making the modifications, justifying what corresponds in its final opinion. The counterparty shall be notified of the modifications for their respective approval.

FINAL OPINION. Once all requested opinions are received and pertinent modifications agreed upon with the counterparty, the responsible Vice-Rectory, within ten (10) business days following the date of receipt of the last opinion, shall issue a final opinion that expresses the background of the case and the advisability, necessity or appropriateness of executing the instrument in question.

APPROVAL AND EXECUTION OF INSTRUMENTS. For the approval of instruments submitted to the University Council, the responsible Vice-Rectory shall send to the Rectory of UNAH the integrating final opinion together with the negotiated version of the instrument and the other opinions issued by the consulted bodies, so that it may be timely referred to the University Council for its approval. The approval of the agreement shall be discussed by the University Council in its next ordinary session, without prejudice to the fact that, if deemed necessary, its discussion may be requested in an extraordinary session in accordance with the Organic Law of UNAH. If the execution of the agreement is approved by the University Council, it may proceed directly to its execution, without the need for the respective approval minutes to be ratified in the following session. Notwithstanding the foregoing, the Secretariat of the University Council shall immediately send to the responsible Vice-Rectory the minutes of its approval, for the purpose of forming the respective file. In the case of letters of intent, approval of the instrument by the University Council shall not be necessary and the Rectory may execute them after receiving the final opinion of the responsible Vice-Rectory. For cases in which it is necessary to amend or add addenda to an already executed instrument, it shall be managed in the same manner as the original instrument, requesting the corresponding opinions to obtain the approval of the University Council, in accordance with the provisions of article 11 of this Regulation.

AUTHORITY TO SIGN. Only the Rector of UNAH, or whoever acts in his stead, has the authority to execute instruments in the name of UNAH. The Rector, through written authorization, may delegate the authority to execute Agreements to the Vice-Rectors, Executive Secretaries, Deans and Directors of University Centers and University Regional Centers, issuing a copy of the authorization for knowledge and file of the responsible Vice-Rectory. Instruments executed in violation of this rule shall have no validity and shall not legally bind UNAH.

SIGNING MECHANISMS. UNAH may make use of electronic signature or other technological means to execute the instruments contemplated in this Regulation and shall likewise recognize the validity of documents signed by these means in accordance with current regulations on the use of electronic signatures.

AD REFERENDUM SIGNATURE. In duly qualified circumstances, in which the execution of an agreement is favorable to the interests and strategic planning of UNAH, the Rector or the person to whom it is delegated may execute it before it is approved by the University Council. Once the instrument is executed, the Rector shall immediately notify the University Council of the fact and shall continue with the ordinary approval procedure with the corresponding opinions.

EXCHANGE. Once the document is executed in accordance with the established procedure, it shall be sent to the responsible Vice-Rectory, which shall be responsible for sending it to the counterparty and shall ensure that it receives the copy executed by all subscribing parties.

REGISTRATION, FILING AND PUBLICATION. Once the instrument is executed by all involved parties, the original file together with the signed instrument shall be sent to the General Secretariat of UNAH for its registration and filing, with copies remaining for the files of the Rectory and of the responsible Vice-Rectory. The documentary supports referred to in this article may be registered, filed and published in electronic media. The General Secretariat shall publish the instrument by the pertinent means so that it is accessible to the general public. The responsible Vice-Rectory shall notify the interested unit of the execution of the instrument for the corresponding purposes.

IMPLEMENTATION AND MONITORING. Once the instrument is executed, the departments specifically designated shall be responsible for its implementation and monitoring. Such department shall periodically present to the responsible Vice-Rectory a results report on the activities carried out under the instrument, in accordance with the nature of it. The Vice-Rectory of International Relations in compliance with article 24, numeral 4 of the Organic Law of UNAH, shall organize, direct, supervise and periodically evaluate compliance with the cooperation instruments executed by UNAH with foreign institutions or international organizations.

RENEWAL. In case it is in the interest of the parties to renew the validity of an instrument, such renewal may be agreed upon by means of an exchange of notes between the parties, without the need for approval by the University Council, provided that in the new edition of the document the substance or scope of the original is not altered and there is budgetary availability for its execution. The renewal may be requested by the interested unit to the responsible Vice-Rectory, justifying the necessity or convenience of extending the validity of the instrument in question. In any case, to manage the renewal of any instrument, it is required to request again the opinions according to what is established in article 11 of this regulation. The execution of cooperation instruments containing automatic renewal clauses is prohibited. CHAPTER III. FINAL PROVISIONS.

REPEALING CLAUSE. Agreement 341-2008 of the UNAH Transition Commission is hereby repealed in its entirety, consisting of the Regulations for Procedures for the Presentation, Approval, Signature, Registration and Management of Agreements to be entered into by the National Autonomous University of Honduras and other Institutions.

TRANSITORY PROVISIONS. Those instruments that are in process at the time this Regulation enters into force shall be processed in accordance with the procedure described herein.

ENTRY INTO FORCE. This Regulation shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". SECOND: Instruct the General Secretariat of UNAH to manage and promote its publication in the Official Gazette "La Gaceta". THIRD: This Agreement is of immediate execution and shall enter into force on the day of its publication in the Official Gazette "La Gaceta". BE IT COMMUNICATED." (Signed and Sealed) CARMEN JULIA FAJARDO CARDONA, SECRETARY. cc: Msc. Patricia Durón Varela, Secretary of the University Board of Directors. cc: Dr. Lourdes Rosario Murcia, Academic Vice-Rectory a.i. cc: Ph.D. Javier López Padilla, Vice-Rector a.i. of International Relations. cc: Ph.D. Mario Arístides Contreras, Vice-Rector of Orientation and Student Affairs. cc: Deans of Faculties. cc: Directors of University Regional Centers. cc: Atty. Gloria Caridad Alvarado, General Counsel of UNAH. cc: Atty. José Alexander Ávila, General Secretary UNAH. cc: File." And for the corresponding legal purposes, this document is executed in the University City "José Trinidad Reyes", on the tenth (10) day of the month of June of two thousand twenty-four (2024). (Signed and Sealed) CARMEN JULIA FAJARDO CARDONA, SECRETARY. cc: File oaz/is" And for its publication in the Official Gazette "LA GACETA", this CERTIFICATION is executed in Tegucigalpa M.D.C., University City "José Trinidad Reyes", on the seventh day of the month of August of the year two thousand twenty-four. ABG. JOSÉ ALEXANDER ÁVILA VALLECILLO GENERAL SECRETARY JAAV/adpd Cc: File