Agreement-SDN-170-2023

The purpose of this Regulation is to establish the normative framework within which the Honduran Air Force shall act in the sale of Specialized Aeronautical Services, through which funds shall be collected in accordance with the provisions of the Laws and Regulations, as well as Contracts and Agreements for Interinstitutional Cooperation with natural or legal persons, national or foreign, executed by the Air Force and approved by the competent authority. As well as to establish the norms that regulate the collection, use, and control of the own funds that the Honduran Air Force shall receive from the sale of Specialized Aeronautical Services. These shall be administered by the General Paymaster Office of the Honduran Air Force, as well as compliance with the procedures, actions, and responsibilities to which the sale of aeronautical services shall be subject.

It is the responsibility of the Honduran Air Force to apply this Regulation that governs the Sale of Specialized Services in accordance with the Constitutive Law of the Armed Forces and the use of resources acquired through own funds within the legal framework, in accordance with the authorized objects of expenditure and in the groups contemplated in the Classifier of Expenditures by Object of the Ministry of Finance and shall be updated according to the needs of the institution. Likewise, for its execution, the General Budget Provisions and other provisions on the matter issued by the Ministry of Finance must be observed.

This Regulation is applied in the Air Units where specialized services are provided or Scientific Research Projects of an aeronautical nature are carried out by the Honduran Air Force. The foregoing, with the purpose of guiding the actions that must be carried out to fulfill the objectives and goals that are planned. CHAPTER II CONCEPTUAL FRAMEWORK

For the purposes of this Regulation, the following definitions and acronyms shall be taken into account. In case of terms not defined, the concept contained in other applicable Military Laws and Regulations in force shall be taken into account. AIRCRAFT: It is any machine or apparatus that can be sustained and moved in the atmosphere, by reactions of the air that are not the reactions of the same against the surface of the earth or water. CONTRACTOR OR CONSUMER: It is any natural or legal person, national or foreign, who acquires the Specialized Aeronautical Services provided by the Honduran Air Force through the Unit for the Sale of Aeronautical Services of the Honduran Air Force. HONDURAN AIRSPACE: It is that in which the State of Honduras exercises sovereignty and jurisdiction in the airspace and in the subsoil of its continental and island territory, territorial sea, contiguous zone, exclusive economic zone, and continental shelf. FAH: Honduran Air Force. OWN FUNDS: It is the monetary amount collected through the sale of services by the State Secretariats, received through public and private institutions to collaborate in national development, as a result of the activities carried out with the use of their equipment, human resources, and infrastructure. INSTALLATIONS: They are the lands, buildings, hangars, offices, structures, equipment, aerodromes, landing strips, ramps, and all movable or immovable property owned by the State assigned to the Honduran Air Force for the fulfillment of its mission. SCIENTIFIC RESEARCH: It is an ordered and systematic process of inquiry in which, through the rigorous application of a set of methods and criteria, the study, analysis, or inquiry around aeronautical matters is pursued, with the subsequent objective of increasing, expanding, or developing knowledge. SEDENA: State Secretariat of the Office of National Defense. RESPONSIBLE OFFICES: Those that, within the organizational structure of the Honduran Air Force, intervene in the use, management, and control of the sale of aeronautical services and own funds. PGFAH: General Paymaster Office of the Honduran Air Force. AIR TRANSPORT: It is the series of acts intended to transfer from a point of origin to a point of destination by air, passengers, cargo, or mail. UVESAFAH: Unit for the Sale of Aeronautical Services of the Honduran Air Force. TITLE II SERVICES PROVIDED BY THE HONDURAN AIR FORCE CHAPTER I UNIT FOR THE SALE OF AERONAUTICAL SERVICES OF THE FAH (UVESAFAH).

UVESAFAH is a legally created unit, whose main purpose is the collection of own funds, through the item of the sale of various services, which allows for administrative, operative, and technical functioning, specifically in the sales of specialized aeronautical services, respecting the chain of command of the FAH in decision-making.

Due to the specialized nature of functions, UVESAFAH is administered technically and administratively by an Officer of the Branches or Services of the Honduran Air Force with the minimum rank of Major, called the Manager of UVESAFAH, appointed by the General Commander of the FAH, who shall act in accordance with the Law and in accordance with the directives and orders issued by the General Commander of the FAH, respecting the Chain of Command.

The main office of UVESAFAH is located in the Central Complex of the Honduran Air Force, in the facilities of the Hernán Acosta Mejía Air Base (HAM), in the city of Comayagüela, municipality of the Central District, department of Francisco Morazán, providing its specialized aeronautical services at the National Level in each of its air bases, located at:

• 1)

  Comayagua (Colonel José Enrique Soto Cano Air Base);

• 2)

  La Lima, Cortés (Colonel Armando Escalón Espinal Air Base); and 3) La Ceiba, Atlántida (Colonel Héctor Caraccioli Moncada Air Base).

Natural or legal persons, whether national or foreign, who require the specialized aeronautical services provided by UVESAFAH, must submit a written request to this Unit and this Unit, in turn, shall be responsible for making the pertinent coordinations for their entry into the facilities, following the procedures established in the Normal Operating Procedure (NOP).

The FAH through UVESAFAH shall carry out the sale of specialized aeronautical services at its Air Bases at the National Level, such as:

• a)

  Specialized aeronautical services, such as specialized technical assistance in hydraulic systems, electricity, engines, avionics, and/or propellers, among others.

• b)

  Ground Support Equipment (tow tractors, assistance from electrical plants 28 VDC, 115 VAC, pneumatic plant, and/or forklifts).

• c)

  Ground Handling (Aircraft assistance on the ground).

• d)

  Ramp and/or hangar rental.

• e)

  Aircraft engine oil analysis.

• f)

  Structural washing of aircraft.

• g)

  Non-destructive inspections NDI (by its acronym in English Non Destructive Inspection).

• h)

  Other services that may be established, collecting funds in accordance with the provisions of the laws and regulations, as well as in contracts or Interinstitutional Cooperation agreements executed by the Air Force and approved by the competent authority.

• i)

  Any other activity related to, derived from, or similar to those mentioned and that have as their purpose the sale of aeronautical services.

UVESAFAH shall act within the standards established by the Honduran Civil Aeronautical Agency (AHAC), among other entities in relation to air activities subject to its regulation, permits, updates, and aeronautical authorizations.

The specialized technical personnel who execute the work of Specialized Technical Services shall be qualified and authorized by the Honduran Civil Aeronautical Agency (AHAC), with a license as an Aviation Mechanic, T-I and/or T-II, in accordance with the regulations and guidelines of AHAC and the FAH through UVESAFAH. CHAPTER II RESEARCH PROJECTS IN THE AERONAUTICAL FIELD

The FAH shall carry out scientific research projects in the aeronautical field, to contribute to national development, strengthening capacities for the defense of the integrity of Honduran territory, promoting flight safety, and modernizing the institution. The following activities shall be carried out prior to analysis and authorization of the competent authorities:

• a)

  Certification of aeronautical workshops, through application to AHAC.

• b)

  Meteorological studies.

• c)

  Update of aeronautical charts.

• d)

  Development of air transport, through application to AHAC.

• e)

  Design and manufacturing of unmanned aircraft.

• f)

  Preparation of informative bulletins for aeronautical maintenance.

• g)

  Others required in the aeronautical field. CHAPTER III CONSTRUCTION, REPAIR, RECONVERSION

The regularization of the execution of own funds shall be through the activity of maintenance of the operational organization and military equipment of the Executing Unit of the Honduran Air Force; if necessary, it shall create a work activity in accordance with the needs, specifically source 12, own funds; in accordance with the growth of UVESAFAH, as to its sale of services, an Executing Unit shall be created that will regulate its budget execution and funds shall be allocated to investment programs, operation, research, innovation, and development of UVESAFAH and the Air Bases of the FAH.

In order to enhance the existing air facilities for the development of the research projects mentioned and to improve the specialized aeronautical services provided by the FAH, the funds obtained through these specialized services shall be allocated for the following:

• a)

  Repair, maintenance, and enhancement of FAH aircraft.

• b)

  Repair, maintenance, and enhancement of ground support equipment.

• c)

  Purchase and calibration of special tools for aviation.

• d)

  Purchase of personal protective equipment.

• e)

  Construction, repair, or extension of ramps and taxiways.

• f)

  Purchase of tools required for the tool rooms of the FAH.

• g)

  Construction or remodeling of hangars.

• h)

  Personal services (Expenditure Group 20000).

• i)

  Goods and supplies (Expenditure Group 30000).

• j)

  Capitalizable goods (Expenditure Group 40000).

• k)

  Transfers (Expenditure Group 50000).

• l)

  Others that are needed and useful for the FAH. TITLE III COLLECTION, MANAGEMENT OF FUNDS AND RESPONSIBILITIES CHAPTER I ON THE COLLECTION OF FEES

The collection of the fee shall be in accordance with the fee table proposed by the UVESAFAH administration personnel and approved by the General Commander of the FAH, and must be in accordance with the prices handled in the aeronautical field at the national and international level.

In the month of January of each year, a review of prices shall be conducted to propose their modification or update according to:

• a)

  Dollar price.

• b)

  Fuel price.

• c)

  Electricity price.

• d)

  Any other cost that implies making changes. CHAPTER II FINANCIAL MANAGEMENT OF OWN FUNDS

The following shall be considered own funds:

• a)

  Sale of specialized aeronautical services.

• b)

  Payments made by Insurance Companies.

• c)

  For services and assistance provided to national and foreign aircraft.

• d)

  Donations, inheritances, bequests received from societies, associations and individuals, whether national or foreign, from international organizations or social security institutes, among others.

• e)

  Income received.

• f)

  Among others

It is the responsibility of the PGFAH to incorporate own funds in the annual budget formulation.

Own funds received must be deposited in a checking account at the Central Bank of Honduras in the name of the Secretary of State in the Office of National Defense / Honduran Air Force / Own Funds; registering the required signatures.

Resources obtained through own funds shall be allocated exclusively to authorized spending objects and in the groups contemplated in the Expenditure Classification by Object of the Ministry of Finance and shall be updated in accordance with the needs of the institution. Likewise, for its execution, the General Budget Provisions for Income and Expenses of the Republic for each fiscal year and others issued by the Ministry of Finance on this matter must be observed.

Expenses generated by the subscription of agreements, accords or institutional alliances, whether national or international, shall be incurred in accordance with the nature and obligations acquired therein and their regulation shall be subject to what is established in the procedure of this Regulation, as well as to the General Budget Provisions for Income and Expenses of each fiscal year.

UVESAFAH shall submit to the General Payroll Office of the FAH a monthly report on the income collected in the previous month for own funds, so that it may be sent to the Budget Department of the Joint Chiefs of Staff and this in turn to the Secretary of State in the Office of National Defense.

It is the responsibility of the Manager of UVESAFAH to provide a monthly report to the General Payroll Office of the FAH on the execution of resources for own funds, so that it may be sent to the Budget Department of the Joint Chiefs of Staff and this in turn to the Secretary of State in the Office of National Defense.

The Internal Audit Unit of SEDENA shall conduct the audits that are necessary and shall exercise controls in accordance with what is established in this Regulation and other applicable provisions for the subsequent control of operations generated with own funds resources.

The use of own funds resources for purposes unrelated to and/or different from the nature, functions and utility of the Honduran Air Force is prohibited. CHAPTER III RESPONSIBILITIES

The FAH is not responsible for damages, deterioration, destruction or total or partial loss of any material or equipment due to causes not attributable to the institution, especially those caused by nature; likewise the contractor shall sign a document whereby they release the Honduran Air Force / State of Honduras from all responsibility for damages suffered by aircraft that are parked on the ramp or hangars of this institution and that are caused by case of force majeure and act of God; in any case, if it is due to negligence that is duly proven otherwise.

The FAH shall create contingency plans that shall be conducted every three (03) months so that its aeronautical services are completely safe and there is an immediate response to any incident, in accordance with what is established in the Emergency Operating Procedure (POE).

It is the responsibility of the FAH to draw up a contract for each service provided, which shall be signed by the Commander General of the FAH and when the preparation of Inter-institutional Collaboration Agreements is required, they shall be signed by the Secretary of State in the Office of National Defense or failing that, issue a signature delegation agreement so that these may be signed by the Commander General of the FAH and the contractor of the service or their Legal Representative, with UVESAFAH maintaining a log and monitoring for compliance thereof.

The Manager of UVESAFAH shall inform in writing the Commander General of the FAH of any anomaly or discrepancy in air safety standards or other provisions that have been violated, who shall conduct responsibility deductions corresponding to the responsible party.

UVESAFAH has the responsibility to subscribe to insurance each year, with sufficient and permanent coverage to cover any eventuality or damage caused to equipment, aircraft or any property of those who contract its services, damage that may be caused through the development of its specialized aeronautical services sales activities. CHAPTER IV ATTRIBUTIONS

The General Commander of the FAH, within his attributions, shall present to the Ministry of State in the Office of National Defense (SEDENA) for the respective approval the following:

• a)

  Proposals for Scientific Research projects in the aeronautical field.

• b)

  Proposals to hire those national or foreign companies necessary to carry out repair, maintenance, and upgrading of FAH aircraft.

• c)

  Proposals for signature or delegation of signature of Inter-institutional Collaboration Agreements.

In addition to the attributions already established, the FAH shall have the following:

• a)

  Establish internal procedures and standards, which must be complied with in the different types of specialized aeronautical services to be provided in the aeronautical field.

• b)

  Ensure that this Regulation and corresponding provisions are complied with.

• c)

  Impose sanctions in accordance with the procedures established in the Laws and military Regulations in force, when non-compliance with this regulation is verified.

The FAH, to maintain better control of the services to be provided and the execution of Research Projects, must have properly trained personnel in the following areas:

• a)

  Administrative.

• b)

  Technical Specialists in Aviation Mechanics, qualified and authorized by the Honduran Civil Aeronautics Agency (Specialist Mechanics, Technical Supervisors and Technical Inspectors).

• c)

  Engineering disciplines comprising electronics, mechanics, hydraulics, civil, mechatronics, and Flight Engineers.

• d)

  Inspection and evaluation of aircraft.

• e)

  Military Aviator Pilots (Pilots, Co-pilots, Ship Captains and Test Pilots).

• f)

  Other Specialists in the Technical and Aeronautical areas deemed necessary to strengthen the stated objectives.

During the day, the personnel on duty shall be responsible for maintaining a log of events, recording entries and exits of aircraft and crews to the military ramp, in accordance with what is established in the Normal Operating Plan (PON).

The Uniform to be used by Personnel assigned to the Aeronautical Services Sales Unit of the Honduran Air Force (UVESAFAH) shall be different from the military Uniform to have better acceptance with the aeronautical client and other sectors.

The Honduran Air Force, through UVESAFAH, shall appoint a manager, who shall be in charge of maintaining direct communication with the Ministry of State in the Office of National Defense (SEDENA) to expedite processes regarding the sale of services.

This Regulation of the Specialized Aeronautical Services Sales Unit of the Honduran Air Force and the Administration of Own Funds shall enter into force as of the date of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, on the fourteenth (14) day of the month of November of the year two thousand twenty-three (2023). COMMUNICATE AND PUBLISH: ATTORNEY JOSÉ MANUEL ZELAYA ROSALES SECRETARY OF STATE OF THE MINISTRY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ATTORNEY ELENA MICHELLE VALLECILLO FUENTES GENERAL SECRETARY OF THE MINISTRY OF STATE IN THE OFFICE OF NATIONAL DEFENSE