Agreement 084-2021

PURPOSE. The purpose of this Regulation is to develop in detail the provisions of the Consumer Protection Law, in order to facilitate its implementation and compliance.

In relation to what is provided in Article 2, the Consumer Protection Law is applicable to: 1. Consumer relationships that are contracted or acquired in the national territory, by any means or mechanism of purchase and sale. 2. Consumer relationships between natural or legal persons. 3. Consumer relationships between consumers and suppliers. 4. The commercialization of public or private goods or services. 5. Public services and private activities of national public interest that are not provided for in specific legislation. Article 3. The following are excepted from the application of the Consumer Protection Law: 1. Public services and private activities of national public interest that have their own regulatory body and specific legislation. 2. Those consumer relationships between suppliers when they acquire, store, use or consume goods or services that bear specific relationship to their commercial business and to integrate them into processes of production, transformation, commercialization or provision to third parties. 3. Contracts that give rise to consumer relationships of goods or services between consumers (natural person who is not a merchant).

The Secretary of State in the Office of Economic Development through the General Directorate of Consumer Protection (DGPC) is the Enforcing Authority of the Consumer Protection Law, this Regulation and other complementary legal provisions emanating from the Law.

PARTICIPATION OF MUNICIPAL GOVERNMENTS. The Enforcing Authority in relation to what is provided in Article 5 of the Law, once agreements are signed with municipal governments, shall train municipal personnel within the scope of the competencies attributed in the Consumer Protection Law and may arrange for municipal governments to: 1. Propose to the competent authority in educational matters, the formulation and incorporation of formal and non-formal education plans for consumers within the official plans of basic, secondary and higher education, within the scope of their jurisdictions. 2. Collect, process, prepare, disseminate and publish information to provide consumers with better knowledge of the characteristics of goods or services, prices, purchase conditions, quality and other matters of interest to consumers. 3. Organize, conduct and disseminate through the mass media of the municipality, market studies, quality control, price statistics and provide all information of interest to consumers. 4. Promote the creation, organization and development of consumer associations in the municipal territory. 5. Maintain a Municipal Registry of Consumer Associations. 6. Maintain a Public Registry of Offenders at the municipal level. 7. Receive inquiries, requests and complaints from consumers in their jurisdiction, as well as conduct inspections and expert assessments related to the implementation of the Law. 8. Request reports, opinions and expert opinions from public and private entities in relation to the subject matter of the Law, which shall be obligated to address the request within the stipulated period. 9. Order on its own initiative or at the request of a party the holding of hearings with the participation of complainants, alleged offenders, witnesses and experts.

For the purposes of this Regulation, the following terms shall have the meaning indicated below: 1. THE LAW: The Consumer Protection Law contained in Decree No. 24-2008, issued by the National Congress on April 10, 2008. 2. THE REGULATION: Regulation of the Consumer Protection Law. 3. THE DIRECTORATE: The General Directorate of Consumer Protection or the organism that replaces it in this matter. CHAPTER II BASIC BASKET

By virtue of what is established in article 8 of the Law, the Enforcement Authority shall annually prepare a forecasting plan to help neutralize speculation regarding price increases in products that make up the basic basket of seasonal demand and those that by national emergency are decreed as basic and require State participation.

The forecasting plan shall include the following components: 1. Market Study:

• a)

  Production costs, raw materials, value chain.

• b)

  National demand and consumption.

• c)

  Retail and wholesale prices of raw materials and finished products.

• d)

  Comparative monthly and annual reports to determine price trends by season. 2. Price agreement of basic basket products with the private sector. 3. Manage the support of other public or private institutions for the creation of programs or projects in which basic food basket products are marketed at low prices that serve as price stabilizers and speculators neutralizers. 4. Disseminate weekly and monthly price reports to counter speculation through advertising campaigns and press conferences.

The Enforcement Authority shall be responsible for executing an information system in which, on a daily basis, data on production, demand, consumption, wholesale and retail prices, qualities and production costs of a package of popular consumption products are recorded that, evaluated in terms of nutritional and food value, would be defined as LIST OF PRODUCTS FOR FOOD SECURITY.

ACTIVITIES TO BE DEVELOPED BY THE INFORMATION SYSTEM:

• a)

  Create a list of basic basket products for Food Security, which will be monitored by the system and will be reviewed annually.

• b)

  Generate detailed statistics that allow knowledge of the behavior of basic basket products in order to offer present and future governments fundamental information for planning the scope of food security and sovereignty in the country.

• c)

  Identify irregular market behaviors that may be caused by speculative activities that cause distortion in commercial relations between economic agents participating in the different productive chains present in the country.

• d)

  Monitor, analyze and notify, on a permanent basis, the behavior and price trends of the List of Products for Food Security, under the framework of an early warning system for consumer protection purposes.

DECEPTIVE USE OF DISTINCTIVE SIGNS: by virtue of what is established in article 9 numeral 7 of the Law, suppliers of goods that market products called originals must guarantee their authenticity, accrediting the information provided by the manufacturer. CHAPTER III CONSUMER ASSOCIATIONS

LEGAL PERSONALITY. Civil organizations with legal personality that have been established for purposes other than the protection and defense of consumers, for the purposes of the provisions in the final paragraph of article 11 of the Law, shall present jointly with the registration application request, the following information and/or documentation:

• a)

  Certified copy of its registration in the corresponding registry as a legal person.

• b)

  Copies of the assembly minutes in which the composition of the governing body in office was approved, duly signed by the president and/or secretary.

• c)

  Copy of the assembly agreement minutes duly registered by which the change or expansion of its purpose to act as a consumer association was decided.

• d)

  Statement and/or accounting statement of the last fiscal year or opening balance, as applicable, certified by a registered accountant.

• e)

  Proof of compliance with tax, provisional and fiscal obligations corresponding to the type of organization making the request.

• f)

  Any other information or documentation that evidences the activities carried out or to be carried out in favor of consumer defense, information and education, as required by the enforcement authority.

REGISTRATION. The Enforcement Authority, once it has verified compliance with the requirements established in the Law and in the regulations, shall proceed to register in the National Registry of Consumer Associations, non-profit organizations that request it, having previously issued the corresponding resolution. In the event that it is denied, the interested parties may proceed in accordance with the provisions of the second paragraph of article 82 of the Law. The registration of the Association in the National Registry shall imply the possibility of acting throughout the national territory, said circumstance shall be provided for in the Organization's bylaws, so that registration in the same is viable.

The foregoing without prejudice to other requirements that may be determined by the Enforcement Authority.

When an organization makes a request before a municipal government, requesting its registration as a consumer association in the National Registry, the latter shall act as receiver of the applications and documents presented by the interested organizations, and shall remit the background information to the enforcement authority within a period of 10 business days, counted from the date of its receipt, so that it in turn proceeds with the registration procedures, in accordance with the provisions of the Law.

Consumer Associations already existing as of the date the Law enters into force shall prove to the enforcement authority their duly legalized constitutive document, for the sole purpose of their registration in the National Registry of Consumer Associations. Registration shall proceed provided that the bylaws comply with the requirements and purposes provided for in section 11 of chapter I of the Law. Otherwise, they shall be adapted for the purposes of their registration.

CANCELLATION OF LEGAL PERSONALITY. Consumer Associations recognized as such that fail to comply with the prohibitions established in Article 18 and other provisions of the Consumer Protection Law, without prejudice to the sanctions provided for in Article 97 of the Law, may be removed from the Registry and in case of recidivism may have their authorization to operate as a Consumer Association revoked.

Promotion of Claims. In the case of the provisions in article 15 of the Law and failure of the attempted conciliation agreement between consumers and suppliers, promoted by consumer associations, the latter may promote before the competent administrative and jurisdictional bodies the claims raised by consumers.

In relation to the prohibitions established in article 18 numeral 5 of the Law, Consumer Associations are prohibited from: 1. Using the results of investigations, surveys and monitoring published by the Enforcement Authority for advertising or commercial purposes. 2. Conducting actions that generate speculation in the prices of basic basket products and other products as determined by the Enforcement Authority. 3. Any other action that contravenes the provisions of the Law and this regulation.

Suppliers by virtue of what is established in article 19 numeral 3 of the law, the liquidation should be understood as the retail sale, with large price reductions, which a business makes due to closure, bankruptcy, reform or relocation of the establishment.

Suppliers by virtue of what is established in article 19 numeral 4 of the law, must place a sign, sticker or decal indicating the means of payment accepted in addition to cash, at the entrance of the establishment.

LEGAL METROLOGY. The verification of instruments, methods and official standards of measurement shall be carried out in accordance with what is established in the consumer protection law, standards, technical regulations, regulations or health, environmental and other applicable legal provisions.

REGARDING CALIBRATION CERTIFICATES. Providers, by virtue of what is established in article 19 numeral 7 of the law, must have current calibration certificates for measuring instruments, which must be issued by an official entity or an accredited company that has technical competencies in the matter.

COMPETENCIES AND ACCREDITATION. By virtue of what is established in the previous article, companies that provide calibration services for measuring instruments must demonstrate their technical competencies before the National Quality System (SNC) through the Honduran Accreditation Body (OHA), which shall issue a certificate. Companies accredited outside the national territory must have recognition of accreditation by the Honduran Accreditation Body (OHA).

By virtue of what is established in article 19 of the Law, the following obligation is established for providers of goods and services: to guarantee the protection of consumers' personal information, using control mechanisms of security and transparency.

In the case of the prohibitions stated in article 20 numeral 1 of the Law, the Enforcement Authority shall follow the following procedure: 1. Conduct inspections in order to verify the fact. 2. Request accounting documents such as; purchase and sale invoices, imports and exports, and inventories and any other document related to the investigated facts. 3. In the event of determining the existence of this abusive practice or conduct, the Enforcement Authority shall order the immobilization of the product. 4. Conduct an inventory of the immobilized units to which it shall place an immobilization seal and number. This fact shall be recorded in an official record. 5. The Enforcement Authority shall appoint a depositary or custodian of the immobilized products whose cost shall be borne by the provider.

That, due to its harmful effects on society, the Enforcement Authority, in favor of the defense of consumer rights and in consideration of its protected interests, shall take the measures established in this regulation for the benefit of the community, understanding as damage caused:

• 1)

  When there is speculation regarding the increase in prices of basic food basket products with the purpose of causing price increases or causing any other economic harm to the consumer at any time;

• 2)

  When from the speculation it results in the shortage of basic food basket products in the national market for their subsequent commercialization at a higher price. 3. When basic food basket products are intentionally hidden, by virtue of the existence of a national shortage. 4. When there is a shortage of any basic food basket product, which shall be determined by the Competent Authority.

COMPLAINTS BOOK: The complaints book provided for in Article 21 in physical or digital form of the Law shall have the purpose of allowing consumers or users to record their complaint or claim regarding conduct that harms dignified and equitable treatment by providers, as well as any other non-compliance or breach provided for by the Law.

AUTHORIZATION OF PHYSICAL OR DIGITAL COMPLAINTS BOOK: The Enforcing Authority through the general director, deputy general director or through municipal governments within its jurisdiction in order to ensure compliance with the obligation established in the previous article, shall proceed to authorize the complaints book once the requirements are met.

REQUIREMENTS FOR AUTHORIZATION OF PHYSICAL OR DIGITALIZED COMPLAINTS BOOK. 1. Authorization request submitted by the owner or legal representative, attached operating permit or deed of incorporation of the company. 2. Single notebook with a minimum of two hundred (200) pages duly initialed and numbered. 3. Labeled with the name complaints book accompanied by the name of the establishment. 4. The digital complaints book must have an electronic platform that provides access via the internet in a simple and free manner. 5. Have an access button to the platform from the establishment's portal. 6. Provide free access to the enforcing authority to provide proper follow-up to the complaints filed. 7. Have a database of complaints received from consumers. 8. Provide the user with a complaint number for their follow-up.

DISPLAY OF COMPLAINTS BOOK. To ensure the effectiveness of the use of the physical or digital complaints book by consumers, it must be displayed and located near the collection or customer service areas, it shall be mandatory to display a sign at the checkout line or customer service area that informs that a complaints book is available to the consumer.

COMPLAINTS BOOKS IN POOR CONDITION OR LACK OF PAGES: The establishment whose complaints book is in poor physical condition and the lack of pages or manipulation of information is observed, shall be seized by personnel of the Enforcing Authority, which shall be recorded in an official report. The establishment within a period of five (5) business days must proceed to replace the complaints book, having to comply with the requirements established in article 30 hereof, after said period has elapsed and the replacement has not been made, the administrative process shall be initiated and the establishment shall be subject to a warning sanction or in case of recurrence a monetary fine.

Providers are, under the terms established by Law, those who by their experience or habitual provision of a determined activity possess greater information about the good or service subject matter of the transaction than a consumer. The information referred to in article 22 of the Law, alludes both to the essential characteristics of the goods and services at the time of their acquisition, as well as that which must be supplied in case of changes or conditions that arise after the acquisition of goods or services, in presentation to the final consumer or in wholesale presentation in order to achieve traceability that guarantees the safety of said products and in compliance with mandatory legal or contractual imperatives established by the parties. Providers must previously deliver, where applicable and free of charge, a copy of the contract that will govern the consumer relationship. For the dissemination of any message referring to verifiable characteristics of a good or advertised service, the advertising provider must previously have the evidence that supports the veracity of said message. Likewise, in the dissemination of testimonial advertising the advertiser must be capable of documenting and proving that it is based on authentic and recent experiences of a witness.

Regarding the price display provided for in article 25 of the Law, when they are exhibited financed, the cash price, the total financed price, the down payment or premium if any, the quantity and amount of installments, the effective annual interest rate applied, calculated on the cash price and the detail of any additional charges applicable must be indicated. Establishments that sell products and display their price in foreign currency must place a sign next to the cash register with the value of the exchange rate of the day authorized by the BCH, clearly visible to the consumer and the consumer may pay it in the currency of their choice.

GOODS. The display of goods prices must be carried out per unit, product, group or set of the same good that is exposed to public view in a clear, visible, horizontal and legible manner. When by its nature it is extremely difficult or costly, the display may be carried out by means of lists or catalogs, which must be displayed in places of access visible to the public and in sales or service locations at their disposal.

SERVICES. In the case of services, prices must be displayed through lists placed in locations that allow for clear visualization or contracting of these. When the nature of the offered service does not allow the display of a fixed price, the average price of the offered service must be placed. Likewise, the variation factors of this must be indicated.

GASTRONOMY. In establishments of the gastronomic sector, in all its specialties, including bars, restaurants and pastry shops, price display must be carried out by means of lists located at the door of the commercial premises and with views to the street and inside the premises, being able to be carried out in this latter case by means of individual lists that will be delivered to each customer (menu, bill of fare).

FUELS. Those who directly commercialize fuel to end consumers must display their prices per unit of measurement, according to whether they are liquids or gases. The aforementioned information must be displayed during the entire business hours in such a way that from the roadways of each of its accesses it is clearly visible so as to allow the consumer to exercise the option of entering the sales location. Gas stations that are operating must provide the consumer with free water and air service, for which they must maintain them in good conditions for use and accessible to the consumer.

By virtue of what is established in article 26 of the law with respect to the difference in change, establishments that display fractional prices are obligated to have coins in stock to provide complete change to the consumer.

When the provider makes charges in foreign currency and the payment is in cash, it must provide the difference in change in the same currency in which the payment was made.

APPLICATION OF RESTRICTIONS: by virtue of what is established in articles 27, 28, 29, 31 of the law, when in advertising, offers, discounts, raffles, contests and promotions, the word restrictions apply appears in their announcements for the fulfillment of what was advertised, they must be displayed and be easily understandable and indicate the places and sites of access to the information in order to guarantee the right to information of the consumer.

In relation to offers issued by providers, when they limit quantitatively their offer of goods and services, they must inform the quantity they have available to cover it, with indication of quantity in each commercial establishment or branch if commercialization is carried out in more than one. When the limitation refers to the quantity of goods or services that may be acquired or contracted by each consumer, they must inform this circumstance when making the offer. When for any reason contradictory indications have been included in an offer, it shall always be interpreted in the manner most favorable to the consumer or user.

by virtue of what is established in articles 27, 28, and 29 of the law, in advertising, offers, discounts and promotions, suppliers must comply with the following requirements: 1. Previous selling price 2. Percentage and discount value 3. Total amount to be paid. Products that are being marketed for the first time and do not have a previous price are excepted.

Those who organize or promote contests, raffles or promotions in the terms of article 31 of the Law must comply with the following conditions, without prejudice to other conditions that the enforcement authority may establish: I. The information detailed below must be displayed in each point of sale of the promoted product or service, in a prominent and easily visible manner for the consumer:

• a)

  Complete list of addresses of the locations where the promotion applies.

• b)

  Enumeration of prizes to be awarded, indicating the quantity of each one and the specification of its quality or model, if applicable.

• c)

  Mathematical probability of award of prizes in case the mechanisms adopted allow it to be known; and if not possible, at least an estimate thereof.

• d)

  Expenses that may result for the beneficiary of the award of prizes.

• e)

  Start and end date of the promotion and its geographic scope.

• f)

  Complete requirements for participation.

• g)

  Procedures or means of dissemination through which the award of prizes will be communicated.

• h)

  Place and date of delivery of the prizes, as well as the maximum period for their claim.

• i)

  Intended destination for unclaimed prizes.

• j)

  Mechanisms for awarding the prizes and the manner in which the effective delivery of the prizes will be certified. In no case may the organizer of the raffle or promotion appropriate the goods affected by the event. II. In addition to the information recorded in the preceding section, those responsible must keep for TWO (2) years, at the disposal of the enforcement authority: a. The list of prize winners, as well as the destination given to unclaimed prizes if any. b. The promotion shall not be considered concluded before the scheduled end date without having awarded all the offered prizes and having given the intended destination to the unclaimed ones. III. The information detailed below must be recorded when contests, raffles or promotions are published in a medium other than points of sale: a. The available units of the product subject to contest, raffle or promotion, and b. The validity of the promotion, the date or dates of the contest and raffle.

In relation to the provisions in the last paragraph of article 33 of the Law, when a receipt or similar documentation is issued, being authorized by tax regulations, the document issued for the sale of movable property may contain only a generic description of the property or a reference to the category to which it belongs, but always in a manner that is easily identifiable by the consumer. The inclusion of delivery periods and conditions may be omitted when delivery is made at the time of the transaction; likewise, the inclusion of payment conditions may be omitted when payment is made in cash.

Suppliers that carry out the marketing of movable property through electronic means must comply with the requirements established in article 33 of the Law and carry out the issuance of sales documents electronically. CHAPTER V WARRANTIES

The warranty to which the supplier commits includes damages, the damages resulting from the harmful act, may be settled through this administrative channel or otherwise must be determined judicially by demand of the consumer.

The subjects enumerated in Article 35 of the Law shall be responsible for the guarantee, both in the commercialization of new and used goods.

When the consumer makes a claim to the provider for the purchase or contracting of a good, up to thirty (30) calendar days for manufacturing defect, the provider must grant the consumer the exchange of the good within a period of fifteen (15) calendar days, for another with identical or different characteristics of the same value, failing that the refund of money. The immediate exchange shall not be carried out when the fault or defect is caused by the consumer. The foregoing, without prejudice to what is established in articles 34 and 35 of the Law.

WARRANTY PERIOD. By virtue of what is established in article 35 of the Law, the provider is obligated to transfer to the consumer the warranty granted by the manufacturer of the good, the time shall begin to run from the date of purchase and it may not be reduced.

EXTENDED WARRANTY. When the provider offers the consumer an extended warranty service, it may not have the same protection coverage as that extended by the manufacturer, if its period of validity runs simultaneously. The acquisition of extended warranty may not be conditioned to the consumer, the acceptance must be in writing.

WARRANTY LIMITATION. The warranty may not be limited to specifications not established by the manufacturer of the good.

Regarding the obligation provided for in Article 36 of the Law, if the item were to be transported to a factory or workshop to effectuate the warranty and the party responsible for it does not do so within a maximum period of 72 hours counting from the communication of the product defect, the consumer may order the transport without prior notification to the warranty responsible party, with the latter being obligated to pay the current freight and insurance amounts in the market plus damages and losses derived from its failure to act. It should be noted that these damages and losses must be determined by the competent judicial authority. The transport must be made to the repair center closest to the place where the item is located, unless the warranty responsible party indicates another. The foregoing, without prejudice to the sanctions imposed by the Enforcement Authority for non-compliance with said obligation.

A supply of new parts and spare parts must be ensured during the validity of the warranty. The use of used parts shall be permitted only in those cases where new parts do not exist in the national market and there is express authorization from the consumer.

The consumer is understood to be deprived of the use of the item from the moment the good was received or withdrawn by the warranty responsible party for purposes of its repair, which fact must occur within 72 hours of the defect of the good being communicated to him, the period of deprivation shall end when the responsible party delivers it again to the consumer.

Regarding the case of unsatisfactory repair provided for in Article 39 of the Law, "optimal conditions" shall be understood as those necessary for normal use, with adequate treatment and following the usage and maintenance standards provided by the manufacturer. The replacement of the item with another of "identical characteristics" must be carried out considering the period of use and the general condition of the one being replaced, as well as the quantity and quality of the repairs covered by the warranty that should have been performed on it. The same criteria shall be followed to evaluate the current market price of the item, and for this purpose, where applicable, the Special Regulation for depreciation, amortization, and depletion of assets, issued by the Executive Directorate of Revenue, must be considered.

For the case provided for in Article 40 of the Law, the provisions of the preceding article shall apply. CHAPTER VI COMMERCIALIZATION, IDENTIFICATION AND INSPECTION OF GOODS AND SERVICES

In accordance with what is provided in Article 41 of the Law, an Advisory Council is hereby created within the scope of the Enforcement Authority for the issuance of Technical Regulations, which shall be composed of all governmental bodies with specific competencies in the provision of goods and services and by representative entities of the private sector, business chambers, professional associations, Consumer Associations, universities and research centers.

The Advisory Council shall have the purpose of assisting, collaborating and issuing opinions, rulings and recommendations to the Enforcement Authority, regarding the issuance of the different Technical Regulations that, within the framework of its powers and attributions, it must enact.

Through the respective Administrative Resolution, the Enforcement Authority shall regulate the composition of the Council, its conditions and modes of operation, as well as any other circumstance necessary to fully comply with the purposes provided for in Article 41 of the Law.

SAMPLING PROCEDURE. When samples must be extracted to verify compliance with the Law, as provided for in Article 42 thereof, they shall be prepared by wrapping the product, tying or sealing the container with any method that ensures the inviolability of the sample and its correct identification, which must be signed by the parties involved. For the purposes of this Article, the inspected party must provide the necessary elements for the preparation of the samples. When samples must be extracted for subsequent analysis, three identical samples of the product shall be prepared in the manner established in the preceding paragraph, which shall be taken at random and designated as "Original," "Duplicate," and "Triplicate." The "Triplicate" sample shall remain in the possession of the inspected party, who shall be designated as its faithful custodian and shall be informed of the criminal liability that this implies, based on the provisions of Article 346 of the Penal Code. In the same act, the inspected party must establish a domicile. The "Original" and "Duplicate" samples shall be withdrawn by the official, with the "Original" sample being used to perform the analysis and the "Duplicate" sample being retained in the acting office.

When the analysis of the "Original" sample results in the product being found to be in violation of the Law or its Regulatory Standards, a counter-verification analysis shall be conducted in the presence of or by the interested party, on the "Duplicate" and "Triplicate" samples. When the analysis of the "Duplicate" sample reveals a violation, the analysis shall be concluded and the violation confirmed; otherwise, the analysis of the "Triplicate" sample shall proceed. The results shall be recorded in a report or protocol signed by the parties, and the interested party may challenge the analysis only in said act, by specifically formulating its objections and the grounds for each one of them.

The interested party who must appear for the analysis shall be cited in a reliable manner, with notice of no less than three (3) business days, making known to him the place, date and time of performance of the analysis as well as that he must accompany the "Triplicate" sample, under warning that if he fails to appear the result of the analysis of the "original" sample shall be deemed final. In the same citation he shall be notified of the place where the "Triplicate" sample is located, as well as that from the moment he proceeds to withdraw it he assumes the obligation of faithful depositary thereof.

Destination of Samples. If the analysis of the "Original" sample reveals an infraction, the samples that prove necessary to perform any subsequent counter-verification shall be preserved in the acting office until the corresponding Administrative Resolution is issued. In this state and depending on the nature of the analyzed product, those that can be adjusted to law or reused in the production process shall be made available to the interested party for the term of thirty (30) days, under warning of being considered abandoned in case of not being withdrawn within the established period, the Enforcement Authority being able to dispose of their destination. If the result of the analyses reveals that there is no infraction, the samples shall remain at the disposal of the interested party in the manner established in the previous paragraph. CHAPTER VII PROVISION OF SERVICES

The Enforcement Authority may, via Administrative Resolution, establish the requirements, formalities or mechanisms that must be observed in the records of termination of the requested service provided for in Article 48 of the Law.

In compliance with the provisions of Article 48 of the Law, the consumer at any time may rescind the contracting of a service that has been performed by telephone, electronic or similar means and the termination may be carried out through these same means.

In compliance with the provisions of Article 48 of the Law, service providers shall, in the cancellation of contracts for services, deliver the corresponding settlement statement.

The consumer may exempt the service provider from the obligation to previously communicate the performance of tasks or use of materials not included in the budget, as provided for in Article 51 of the Law. In this case, the consumer shall manifest that decision expressly and, unless impossible, writing in their own handwriting the respective clause.

It is considered that the term provided for in Article 52 of the Law begins to run from when the service provision concluded. When, due to the characteristics of the case, it is not possible to verify the efficiency of the service immediately upon completion, it shall begin to run from when the conditions are met in which it can be verified.

WARRANTY FOR SERVICES.- The warranty for services corresponds to thirty (30) days following the date on which the service concluded and the same may be extended up to a maximum of 60 days in those services whose economic value is high. It applies when the consumer makes correct use or utilization of the good in compliance with the conditions of validity thereof.

ELECTRONIC COMMERCE.- Sales made using electronic commerce must comply with the same provisions established in the Consumer Protection Law for conventional sales.

By virtue of what is established in article 58 of the Law, providers that carry out the sale of goods or services through electronic commerce, social networks or similar means, are obligated to provide the consumer with electronic mail, telephone or physical address of the business in a manner that guarantees the consumer's right to file a complaint.

HOME SALES. To exercise the right of revocation provided for in Article 59 of the Law, the consumer must make the good or product available to the seller without having used it and maintaining it in the same condition as when received, with the provider being obliged to refund to the consumer all amounts received through the same payment method used by the consumer.

IMPROPER CHARGES. Pursuant to the provisions of Article 61 of the Law, an improper charge occurs when the consumer receives a good or service that had not been requested and the provider had no right to charge, or that has been improperly charged by error. The provider shall be obligated to accept the return of the good or cancel the service and refund the amount charged. The refund of the improper charge must be made within a maximum period of five (5) days. CHAPTER VIII SECURITY OF GOODS AND SERVICES

EARLY WARNING. - Pursuant to the provisions of Article 6 numeral 2 and 64 of the Law, the Enforcement Authority may issue alerts in order to protect the life, health and safety of consumers and ensure the presence of safe products in the market. Likewise, when there is an alert regarding goods or products, the provider is obliged to inform the Enforcement Authority of such fact. The Department must issue an informative alert to interested parties regarding the good or product that due to its dangerousness cannot be marketed in the country, and if necessary, will request the support of other authorities with competence in the matter. The Enforcement Authority shall conduct surveillance of those national or imported products with early warning to ensure they are withdrawn from commerce.

The duty to inform consumers provided for in Article 65 of the Law shall be communicated to consumers, in addition to other means that the Enforcement Authority deems pertinent, through sufficient advertising announcements. This communication to consumers must comply with the following characteristics:

• a)

  It must be disseminated with promptness.

• b)

  It must be appropriate to the risk that is noted.

• c)

  The size and frequency of the notice must be adequate considering the type of risk to be warned about.

• d)

  It must be clear regarding the nature of the danger to which consumers are exposed. CHAPTER IX ABUSIVE PRACTICES AND CLAUSES

ABUSIVE PRACTICES.- Pursuant to the provisions of Article 68 of the Law, other practices considered abusive and in violation of consumer rights are regulated, which are detailed as follows: 1. Limiting liability for damage caused to the economic interests of the consumer by a third party within its establishment. 2. Failing to post warnings in spaces and places that may be considered a risk to the life or health of consumers. 3. Limiting the rights of preferential care groups and not providing the discounts that correspond to them by law. 4. Charging or adding the tip for services to the invoice, since the payment of a tip is compensation from the consumer for the quality of the service received. 5. Charging full amounts for services provided by fraction of time. 6. Charging amounts higher than those agreed upon without having been accepted by the consumer. 7. Carrying out actions or practices that violate human dignity and that embarrass, ridicule, render absurd, or cause discomfort to consumers. 8. Creating false expectations with consumers regarding advertising conducted through any means of communication. 9. Failing to guarantee the protection of consumers' personal information without the adequate use of security control and transparency mechanisms.

Abusive terms or clauses shall be considered those that inequitably affect the consumer or user in the comparison between the rights and obligations of both parties.

When the contractual clauses of adhesion contracts or similar ones fall within those classified as abusive, based on the provisions of Article 69 of the Law, Norms and Regulations, the Enforcement Authority shall record the fact and the allegedly infringed provision, imputing the alleged infractor so that he may file his defense and offer the evidence that supports his right. The procedure established by Chapter V of the Law shall apply. If the enforcement Authority maintains its criterion, in the final resolution that is adopted it shall require him to remove the clause and to notify such circumstance to consumers within the term that said authority sets for him. In case of non-compliance, the sanctions provided for in Article 94 of the Law shall be applied. In the proceedings that are conducted by application of Article 69 of the Law, the opening of a conciliation proceeding shall not be permitted.

REQUIREMENTS THAT CONTRACTS MUST COMPLY WITH, by virtue of what is established in article 70 of the Law, contracts must comply with the following requirements: 1. It must be in writing. 2. In Spanish language. 3. The lettering must be legible and its size must not be less than 2.5 millimeters. 4. Maintain adequate contrast between the form and background of the document. 5. The clauses of the contracts must be clear and easily understood by the consumer. 6. The consumer's acceptance must be given by means of a signature stamped on the same contract.

Within the framework of the National Consumer Protection System (SINPAC) created in Article 104 of the Law, the Enforcement Authority shall work in coordination with the respective agency, for the removal of abusive clauses from standard contracts referred to in Article 71 of the Law.

CHAPTER X DETERMINATION OF PRICES, TARIFFS OR MARKETING MARGINS

When the competent authority declares the situation of calamity, emergency or disaster provided for in Article 73 of the Law, the measure must include:

• 1)

  The precise causes that motivate the declaration;

• 2)

  The Territory that will be affected by it;

• 3)

  Its duration, which may not exceed a period of one month, each time it is decreed. At this point the reason supporting the request for the maximum time period must be expressed and clearly motivated. If the measure is not motivated in accordance with the terms provided by the Law or the requirements set forth in this Article are not observed, the nullity of what was done shall be determined. This request may be made by any person or institution that accredits legitimate interest or subjective right that may be violated. If before the maximum deadline set for the declaration expires, the causes that motivated the issuance of the measure have disappeared, its effects shall cease immediately and in such case every citizen has the right to request its review. The extension provided for in the second paragraph of Article 74 of the Law will require its declaration by the same means provided for in the first paragraph of this Article for its issuance. In this case, the special circumstances that motivate the granting of the extension must be specified. When the declaration of emergency, calamity or disaster has regional or sectoral scope, the determination, if applicable, of the price, tariff or maximum marketing margin shall apply only in that area. The declaration of emergency decreed may not affect the normal functioning of State agencies, with regard to the provision of goods and services.

In the administrative resolution that, where applicable, determines the fixing of price, tariff, or maximum commercialization margin, the existence of hoarding, speculation, shortage, or refusal to sell the goods provided for in numeral 1) of Article 73 of the Law must be verified on the basis of irrefutable means of proof. Likewise, the type, quality, and quantity of the goods covered by the determination must be precisely determined in all cases. CHAPTER XI ADMINISTRATIVE PROCEDURE

COMPLAINT AND EX OFFICIO PROCESS. By virtue of what is established in Article 75 of the Law, the Competent Authority shall act ex officio or at the request of an interested party. In the event that a consumer files a complaint and does not make a request with personal remuneration, the Competent Authority shall conduct the ex officio process. The aforementioned process shall be carried out in application of the process established in Articles 80, 81, 82, and 83 of the Law.

NOTIFICATION. Administrative notification in the cases provided for in the Consumer Protection Law shall be carried out by the General Directorate in compliance with what is established in Chapter VII of the Administrative Procedure Law.

The notification form provided for in the second paragraph of Article 76 of the Law must contain:

• a)

  The authority issuing it.

• b)

  The name and surname of the person, business name, or trade name to whom the summons is made.

• c)

  The reason for the summons.

• d)

  Place, day, and time in which the summoned party must appear.

• e)

  The transcription of the effects of non-appearance, established in Article 77 of the Law.

• f)

  Place and date of issuance and signature of the authorized official. The summons shall be made to the alleged offender and shall be delivered at his establishment if he is found there; and if he is not found, delivery shall be made to any of his relatives or employees who are present at the premises. The foregoing is without prejudice to the different alternative means provided for by the Law to effect notifications that the Competent Authority may order, which must always respect the right of defense in court of the accused. The complainant is not a party to the summary proceeding. His intervention is exhausted with the conciliation stage, except for the intervention that the Competent Authority deems pertinent in order to better resolve with regard to the submission of evidence.

If the summoned provider does not appear, without prejudice to what is provided in Article 77 of the Law, the conciliation stage shall be deemed exhausted and the proceedings shall continue according to their status.

The conciliation proceeding provided for in Article 78 of the Law only proceeds in cases of complaints by individuals or Consumer Associations on their behalf. In no case does it proceed when dealing with actions initiated ex officio by the Enforcement Authority. The cited provider must prove the capacity that he or she invokes with the corresponding legal instrument from which his or her character as an authorized representative with sufficient powers, president or legal representative of the required firm arises.

If the alleged offender does not present a defense to the imputation made, whether these actions are initiated ex officio or by complaint, he or she shall be deemed confessed and the sanctioning resolution shall be issued. This fact must be made known to the alleged offender at the time of notifying him or her of the corresponding imputation. This, without prejudice to the fact that, from the study of the case, the Enforcement Authority determines that the facts that gave rise to the complaint by a party or ex officio are notoriously inaccurate or implausible. ARTICLE 91. - ALTERNATIVE MEANS FOR FILING COMPLAINTS. By virtue of what is established in article 84 of the Law, complaints may be received through the following means: 1. Via Telephone. 2. Via Electronic Means. The Enforcement Authority shall issue the processes for the handling of claims, complaints and reports.

REQUIREMENTS FOR THE FILING OF A COMPLAINT. By virtue of what is established in article 85 numeral 3, for the filing of a complaint, documents must be presented that demonstrate the commercial relationship that is the subject of the complaint and others that are deemed necessary to prove the facts alleged.

In order to qualify a complaint as malicious or without just cause, in the terms of Article 91 of the Law, it must have been previously substantiated in accordance with the procedure provided for in Chapter V of the Law. Likewise, in order for the declaration of malicious or without just cause to proceed, the applicant must prove the falsity of the imputation or at least the absence of reasonable grounds for complaining.

In the event that the consumer sees his or her interests affected or threatened and decides to resort in the first instance to the administrative authority, he or she must exhaust that remedy in order to be able to initiate, if applicable, judicial actions on the matter. CHAPTER XII SANCTIONS AGAINST PROVIDERS

For purposes of application and graduation of fines provided for in article 93 of the Law, the Enforcement Authority may consider separately or jointly the parameters or criteria established therein, in addition to others it deems relevant, with the purpose of measuring the sanction to be applied with equity and proportionality.

TYPES OF INFRACTIONS: infractions shall be classified as: very serious, serious and less serious. Very Serious: Those that by action or omission of the provider cause a risk to life, health and human safety in the acquisition, use or consumption of goods and services. Serious: Those that go against the economic interests of consumers. Less Serious: Those that do not imply a risk to life, health and human safety and do not violate the economic interests of the consumer.

By virtue of what is established in Article 94 of the Protection Law, the classification of infractions is carried out and the amount of minimum wages to be imposed for the first infraction is established.

By virtue of what is established in Article 94 of the Law, the warning shall only be applicable to those who infringe the Law for the first time. Recidivism shall be applied in accordance with what is established in article 89 of the Law.

INFRACTION FOR EXPIRED PRODUCT. By virtue of what is established in the preceding article, regarding the classification of sanctions for the first infraction, account must be taken of the type and quantity of product, the damage it may cause to the consumer's health and the economic capacity of the establishment.

CLASSIFICATION OF INFRACTIONS OF THE CONSUMER PROTECTION LAW INFRACTION REFERENCE ARTICLES TYPE OF INFRACTION APPLICABLE PECUNIARY SANCTION INFRACTIONS THAT JEOPARDIZE THE LIFE, HEALTH AND HUMAN SAFETY OF CONSUMERS. Offering or selling to the consumer goods for consumption or health without the proper authorization, registration or license from the competent authority. 20 paragraph 12 VERY SERIOUS For the first time 6 to 10 minimum wages. Offering or selling goods after their expiration date. 20 paragraph 13 VERY SERIOUS For the first time 6 to 10 minimum wages. Offering or using experimentally, importing or marketing materials, raw materials, goods or services whose production and commercialization is prohibited or not approved in their country of origin or manufacture. 20 paragraph 14, 64. VERY SERIOUS For the first time 6 to 10 minimum wages. Failing to withdraw from the market goods or services that, after their introduction into the production market, it becomes known are dangerous. 19 paragraph 2 VERY SERIOUS For the first time 6 to 10 minimum wages. Failing to comply with the instructions and norms established in the commercialization of goods and services whose use may pose a risk to the health or physical integrity of consumers. Article 62, 63 VERY SERIOUS For the first time 6 to 10 minimum wages. For commercializing goods or services that after their introduction into the consumer market it becomes known are dangerous and such fact is not reported to the Authority and to consumers. Article 65 VERY SERIOUS For the first time 6 to 10 minimum wages. ACTIONS THAT ATTACK THE HONOR OR IMAGE OF THE CONSUMER. Performing actions and/or charges that threaten or damage the honor or image of consumers. 20 paragraph 4, Article 67 and 68 paragraph 6 SERIOUS For the first time 1 to 5 minimum wages. Failing to guarantee the conditions of dignified care or treatment of the consumer. Article 67 SERIOUS For the first time 1 to 5 minimum wages. Denying or conditioning the provision of goods or services to the consumer for reasons of race, sex, class, religion, age and any other harmful to human dignity; 68 paragraph 3 SERIOUS For the first time 1 to 5 minimum wages. Circulating information or any other action that discredits the consumer because of actions taken in exercise of their rights; 68 paragraph 5 SERIOUS For the first time 1 to 5 minimum wages. Failing to provide special and priority care when it comes to underage consumers, disabled persons, pregnant women and elderly adults 9 paragraph 14 SERIOUS For the first time 1 to 5 minimum wages. INFRACTIONS THAT ATTACK THE ECONOMIC INTERESTS OF CONSUMERS. The protection of their economic interests through fair and non-discriminatory or abusive treatment by providers of goods or services. 9 paragraph 2 SERIOUS For the first time 1 to 5 minimum wages. The freedom of choice of good or service. 9 paragraph 3 SERIOUS For the first time 1 to 5 minimum wages. Conditioning the acquisition of goods or services to other goods or services not required by the consumer. Excepted are those which in accordance with commercial usage and custom are offered together 68 paragraph 1 SERIOUS For the first time 1 to 5 minimum wages. The freedom of contracting. 9 paragraph 4 SERIOUS For the first time 1 to 5 minimum wages. Denying the provision of goods or services to the consumer. In cases where modalities, conditions or limitations have been established in accordance with the terms of this Law, these must be timely and publicly reported to the consumer. 68 paragraph 2 SERIOUS For the first time 1 to 5 minimum wages. Placing seals, glues, adhesive tapes or similar mechanisms on goods preventing the consumer from their free use, except those used by the manufacturer for warranty purposes; 20 paragraph 7 SERIOUS For the first time 1 to 5 minimum wages. Conditioning the warranty of goods or services to the acquisition of spare parts, materials and supplies offered by the same provider, without allowing the consumer freedom of contracting. 20 paragraph 8 SERIOUS For the first time 1 to 5 minimum wages. Using misleading advertising, coercive or discriminatory sales modalities and abusive practices and clauses imposed to the detriment of their economic interests. 9 paragraph 6 SERIOUS For the first time 1 to 5 minimum wages. Failure to provide full compensation to the consumer in case of damage caused by non-compliance with what was agreed in the transaction and/or violation of the provisions hereof and other laws by the provider. 9 paragraph 8 SERIOUS For the first time 1 to 5 minimum wages. Hoarding, speculating, adulterating, causing shortages or denying the sale of goods for consumption or health, as well as essential supplies, raw materials, materials, containers, packaging and semi-finished products necessary for their production and commercialization with the purpose of causing an increase in their prices or any other economic damage to the consumer; 20 paragraph 1, 68 paragraph 8 and VERY SERIOUS For the first time 6 to 10 minimum wages. Failing to maintain in good working condition and properly calibrated weights, measures, registers, scales and other measuring instruments used in the business or establishment. 19 paragraph 7 VERY SERIOUS For the first time 6 to 10 minimum wages. For issuing quotations that do not contain the requirements 19 paragraph 10 and 11 SERIOUS For the first time 1 to 5 minimum wages. established in the Law and non-compliance with the conditions of quotations made to the consumer. Adulterating the weight, mass, volume or any other measure specified, as well as the quality and expiration date of the goods offered. 20 paragraph 10 VERY SERIOUS For the first time 6 to 10 minimum wages. Failing to provide the right to renegotiate contractual clauses that have established obligations that, due to supervening facts, make them excessively burdensome, being able in this case to propose a modification of the contract. 9 paragraph 9 SERIOUS For the first time 1 to 5 minimum wages. The lack of effective prevention and repair of patrimonial or any other damages and full compensation for losses caused to the consumer, related to individual or general or collective impact interests and rights, and access to administrative and judicial bodies for this purpose. 9 paragraph 11 SERIOUS For the first time 1 to 5 minimum wages. Establishing fractional prices for the different elements of a good or service that constitutes a unit, when the purpose ensures the operation of the good or service, is the increase of the normal price for said good or service or to conceal the full value of the good. 68 paragraph 7 SERIOUS For the first time 1 to 5 minimum wages. Charging a price higher than displayed, reported or published. 20 paragraph 2 SERIOUS For the first time 1 to 5 minimum wages. Making charges based on historical consumption averages in the provision of services. 20 paragraph 3 SERIOUS For the first time 1 to 5 minimum wages. Requesting, requiring or allowing the consumer to sign in blank, in whole or in part, any document, contract or negotiable instrument that constitutes an obligation for the consumer. 20 paragraph 5 SERIOUS For the first time 1 to 5 minimum wages. Managing or executing collection of any document or negotiable instrument before the agreed date. 20 paragraph 6 SERIOUS For the first time 1 to 5 minimum wages. Denying the consumer the validity of the warranty when the good is reviewed or repaired in a shop outside the provider and this is not prohibited in the manufacturer's warranty conditions. 20 paragraph 9 SERIOUS For the first time 1 to 5 minimum wages. Publishing or using foreign currency to national currency conversion factors and rates different from those authorized by the competent institution. 20 paragraph 11 SERIOUS For the first time 1 to 5 minimum wages. Displaying signs in establishments or establishing clauses in contracts that limit the rights of the consumer. 20 paragraph 15, 69. SERIOUS For the first time 1 to 5 minimum wages. Marketing products with their price in foreign currency and its exchange in national currency is not established. Article 25 SERIOUS For the first time 1 to 5 minimum wages. Increasing the displayed price when it is paid in a single payment with a credit card, debit card, purchase card or any other similar card. Article 25 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance in the difference of change, in those cases where differences in money arise from the total amount to be paid and the provider does not have sufficient quantity for the return of the corresponding change, the difference or rounding shall always be in favor of the consumer. Article 26 LESS SERIOUS For the first time warning, in case of recidivism graduated fine starting from 1 minimum wage. Failing to comply with previously established parameters in relation to the modalities, conditions, limitations or restrictions of the offers. Article 28 and 29 LESS SERIOUS For the first time Warning, in case of recidivism graduated fine starting from 1 minimum wage. Non-compliance with contractual obligation. Article 32 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the warranty of goods and services. Article 34, 35, 37, 39, 52 and 53 SERIOUS For the first time 1 to 5 minimum wages. For making charges for transfer of products under warranty to factory or return of goods. Article 36 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the deadline for repair of goods under warranty. Article 38 SERIOUS For the first time 1 to 5 minimum wages. Denying the option of substitution of the good Article 40 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance by providers of financial services and credit sales for consumption with the prohibitions established. Article 44 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the interest rate in the provision of financial services and credit sales. Article 45, 46 SERIOUS For the first time 1 to 5 minimum wages. Denying the right of contractual rescission. Article 48 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance in the use of materials used in repairs stipulated in service provision contracts. Article 49 SERIOUS For the first time 1 to 5 minimum wages. Deficiency in service provision. Article 52 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the deadline for delivery of the invoice for services provided. Article 55 SERIOUS For the first time 1 to 5 minimum wages. Failing to provide the consumer, in the case of home sales, by mail and other similar means, the right of revocation of contractual acceptance. Article 57, 58 and 59 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the deadline to return the amount paid for revocation of contractual acceptance. Article 60 SERIOUS For the first time 1 to 5 minimum wages. Making charges to the consumer for a good or service not required. Article 61 SERIOUS For the first time 1 to 5 minimum wages. For contracts containing Abusive Clauses. Article 69 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements that adhesion contracts or similar must contain in accordance with what is established by the General Consumer Protection Directorate. Article 70 SERIOUS For the first time 1 to 5 minimum wages. Failing to comply with the maximum selling prices determined in the corresponding Price Stabilization Agreement. Article 72 VERY SERIOUS For the first time 6 to 10 minimum wages. Failure to appear at conciliation hearing Article 77 SERIOUS For the first time 1 to 10 minimum wages VI. NON-COMPLIANCE WITH THE DUTY TO INFORM CONSUMERS. Non-compliance with the Duty of Information, on the part of providers by failing to provide appropriate, clear, truthful and timely information about the goods and services they market. 9 paragraph 5, 19 paragraph 3, 22, 23, 25, 47, 65. SERIOUS For the first time 1 to 5 minimum wages. Failing to supply the consumer with timely, truthful, appropriate and sufficient information regarding the price and essential characteristics of the goods or services, so that the consumer can make an adequate and reasonable choice. 19 paragraph 2 SERIOUS For the first time 1 to 5 minimum wages. For failing to comply with the obligation to issue contracts and/or other documents relating to consumer relations, violating the provisions of the law, which shall be deemed non-existent. 19 paragraph 5 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with what is provided in the relevant norms relating to the labeling of goods, with producers, manufacturers, packagers and those ordering packaging or manufacturing, fractioners, 19 paragraph 8, SERIOUS For the first time 1 to 5 minimum wages. assemblers and importers being responsible for the truthfulness of the content. Non-compliance with the content of the indications recorded on the labels, wholesalers and retailers shall be responsible for the truthfulness, except when they exhibit documentation that reliably identifies the true responsible parties for their manufacture, assembly, fractionation, importation or marketing. 19 paragraph 9 SERIOUS For the first time 1 to 5 minimum wages. Failing to comply with the labeling requirements established in other laws and regulations, for pre-packaged or pre-packaged goods for consumption or health. Article 23 SERIOUS For the first time 1 to 5 minimum wages. Failing to comply with the duty to inform consumers that the goods they market present some deficiency, are used or rebuilt and this information is omitted from their sales documents. Article 24 SERIOUS For the first time 1 to 5 minimum wages. Establishing contractual clauses in contracts that make consumer obligations excessively burdensome. Article 9 paragraph 9 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with advertising carried out in advertisements, prospectuses, circulars, labels, packaging, boxes, manuals or other means of dissemination. Article 30 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements established by the Enforcement Authority for raffles, contests and promotions. Article 31 SERIOUS For the first time 1 to 5 minimum wages. Failing to comply with the requirements that sales documents must contain. Article 33 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements that a warranty certificate must contain. Article 35 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements that must be recorded in financial operation contracts and in credit for consumption contracts. Article 43 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with contractual modalities. Article 47 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements that a budget must contain in the provision of a service. Article 50, 51 SERIOUS For the first time 1 to 5 minimum wages. Non-compliance with the requirements that subdivision developers, builders, promoters and other persons involved in the advice and sale to the public of land lots or homes intended as dwellings must comply with, in real estate transactions. Article 114 SERIOUS For the first time 1 to 5 minimum wages. OTHER INFRACTIONS Failing to allow free access to Enforcement Authority personnel to its establishments making available to them the documents and other elements necessary for the actions carried out. Article 19 paragraph 6 SERIOUS For the first time 1 to 5 minimum wages. Malicious Complaint. Article 91 SERIOUS For the first time 1 to 5 minimum wages Infractions committed by consumer associations. Article 18 and 97 LESS SERIOUS For the first time warning, in case of recidivism graduated fine starting from 1 minimum wage. Not having the complaints book duly authorized or for finding complaints books with missing pages. Article 21 LESS SERIOUS Not clearly indicating in the places of access to the establishment when payment methods other than cash are accepted. Article 19 paragraph 4 LESS SERIOUS Non-compliance with the requirements that sales documents must contain. Article 33 LESS SERIOUS *The applicable pecuniary sanctions shall be increased for recidivism in infractions of the Consumer Protection Law in compliance with what is established in article 89 thereof, respecting principles of equity, proportionality and rationality by evaluating and analyzing the documentation found in the file: the damage resulting from the infraction to the consumer, the provider's position in the market, the economic capacity of the offender duly proven through its financial statements, the amount of economic benefit obtained from the infraction, the severity of the risks, the severity of the social damages arising from the infraction and its generalization, recidivism and other relevant circumstances of the case. ** In the case of recidivism for the first time, a pecuniary sanction equal to the original sanction increased by one (1) minimum wage shall be applied. ***In the case of recidivism for the second time, a pecuniary sanction equivalent to double the last applied sanction shall be applied. ****In case of reaching the limit of the pecuniary sanction applicable according to the type of infraction, the criteria of applicability and graduation of sanctions contained in articles 89, 93 and 94 of the Consumer Protection Law shall continue to be applied.

In relation to the provisions of Article 100 of the Law, the Registry of Actions of General or Collective Impact is created, which shall be regulated by the National Enforcement Authority.

Consumer arbitration shall have the purpose of addressing and resolving, with binding effect, the claims of consumers and users, in relation to the rights and obligations arising from this Law. Only matters susceptible to settlement may be submitted to the arbitration process. The rules issued for this purpose must guarantee the participation of consumer associations and business chambers in their composition. Consumer arbitration shall be free of charge for the parties, shall be voluntary in nature, and its acceptance must be expressly stated in writing. Its choice by the consumer must always be subsequent to the occurrence of any potential consumer dispute. The Award issued by the Consumer Arbitration Court shall not be subject to appeal and once final shall produce effects identical to res judicata for both parties. It shall be equivalent to a court judgment and may be enforced through the channels prescribed in local procedural rules. Arbitrators shall decide the dispute presented according to equity or through arbitration on the merits, in which case the Enforcement Authorities may establish the requirements to be an arbitrator and the procedures to be carried out in each case. Legal representation shall not be mandatory to appear before Consumer Arbitration Courts. CHAPTER XIII SINPAC

Public and private organizations related to the activities of the National Consumer Protection System, established in Article 104 of the Law, must provide the Enforcement Authority with all the collaboration it requires for the fulfillment of its functions.

The SINPAC shall be composed, in addition to the representative of consumer organizations provided for in Article 105 of the Law, by the following State entities and Institutions listed below, or the agencies that succeed them in their functions: National Autonomous Service of Aqueducts and Sewers, National Banking and Insurance Commission, National Telecommunications Commission, State Secretariat of the Health Office, State Secretariat of the Tourism Office, State Secretariat of the Offices of Public Works, Transportation and Housing, State Secretariat of

In relation to the provisions of Article 100 of the Law, the Registry of Actions of General or Collective Impact is created, which shall be regulated by the National Enforcement Authority.

Consumer arbitration shall aim to hear and resolve, in a binding manner, the claims of consumers and users, in relation to the rights and obligations arising from this Law. Only matters susceptible to settlement may be submitted to the arbitral process. The regulations issued for this purpose must guarantee the participation of consumer associations and business chambers in their composition. Consumer arbitration shall be free of charge for the parties, shall be voluntary in nature, and its acceptance must be expressly stated in writing. Its selection by the consumer must always occur after the eventual consumer dispute arises. The Award issued by the Consumer Arbitral Court shall not be appealable and once final shall produce effects identical to res judicata for both parties. It shall be equivalent to a judicial sentence and may be enforced through the means prescribed in local procedural rules. Arbitrators shall decide the controversy presented according to equity or through arbitration of law, in which case the Enforcement Authorities may establish the requirements to be an arbitrator and the procedures to be carried out in each case. Legal representation shall not be mandatory to appear before Consumer Arbitral Courts. CHAPTER XIII SINPAC

The public and private organizations related to the activities of the National Consumer Protection System, established in Article 104 of the Law, must provide the Enforcement Authority with all the collaboration required for the fulfillment of its functions.

SINPAC shall be composed, in addition to the representative of consumer organizations provided for in Article 105 of the Law, of the following State entities and institutions listed below, or the organizations that succeed them in their functions: National Autonomous Service of Aqueducts and Sewers, National Commission of Banks and Insurance, National Commission of Telecommunications, State Secretariat of Health, State Secretariat of Tourism, State Secretariat of Public Works, Transportation and Housing, State Secretariat of Education, Commission for the Defense and Promotion of Competition, and Consumer Protection and Elderly Care Prosecution Office.

In its capacity as coordinator of the policy of the National Consumer Protection System and for the achievement of the purposes provided in Article 106 of the Law and other applicable provisions, the Enforcement Authority shall issue the respective internal regulations, stipulating the conditions and procedures for the functioning of SINPAC, which shall maintain coordination with the specific regulations of the entities. In addition to the powers provided by the Law, SINPAC may carry out coordinated and joint inspection tasks among the different organizations that comprise it, as well as exchange information reciprocally on a permanent basis regarding the activities and policies of its members, in relation to each sector of activity.

In relation to the approval of public service regulations provided for in Article 113 of the Law, if they have been previously authorized by the specific regulatory authority of the sector of activity and by virtue of its own legal norms, the enforcement authority of the Law shall proceed to approve them within the framework of SINPAC and in coordination with the specific supervisory authority.

This regulation shall enter into force on the day of its publication in the Official Gazette "La Gaceta" SECOND: Completely repeal Executive Agreement No. 15-2009 published in the Official Gazette La Gaceta on April 15, 2009. CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION By Delegation of the President of the Republic Executive Agreement 043-2020 dated October 01 MARIA ANTONIA RIVERA IN CHARGE OF THE SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT Legislative Branch DECREE No. 113-2021 THE NATIONAL CONGRESS, CONSIDERING: That the Regulation of the Central American Uniform Customs Code establishes the Use of Non-Intrusive or Non-Invasive Controls. This regulation indicates that when customs services exercise control using non-intrusive or invasive inspection equipment, they must be applied taking into account, in addition to the results of risk analysis, other mechanisms that allow users of the Customs Service to effect the rapid dispatch of their merchandise, with times and operational costs that do not constitute a barrier to trade. CONSIDERING: That the Customs Administration of Honduras may implement non-intrusive or invasive inspection equipment that allows facilitating and expediting foreign trade operations, promoting the use of technologies, and seeking the adoption of simplified procedures that contribute to the facilitation and acceleration of Foreign Trade Operations and National Security. CONSIDERING: That the modernization, efficiency, technical improvement and transparency in customs and logistics operations carried out in Honduras ports are a fundamental element to position the country as an attractive and competitive destination for investments and in particular for International Trade activities. CONSIDERING: That the work of permanent modernization of the Customs Inspection activity is not