Agreement 06-2020

Purpose. To develop the provisions of the Civil Aviation Security Law of Honduras, establishing the regulations that must be observed. To protect passengers, crew members, ground personnel, users, operators of national and international air transport services, aircraft, aeronautical and airport facilities and the non-traveling public, against acts of unlawful interference carried out by persons or associations of persons that constitute a danger to the normal development of air operations and that represent a threat, as well as other activities against national heritage and public security within airports and their facilities.

Regulations on civil aviation security. When the law and this regulation make reference to regulations, it shall be understood as the set of norms and provisions that regulate the aspects provided for in the Law, including this Regulation, Joint Civil Aviation Rules (MRAC-17), National Programs, Civil Aviation Security Directives. The Airport Security Division shall promote, in coordination with other institutions involved in civil aviation security matters, the regulations that contain programs, procedures, mechanisms and others necessary in order to safeguard the security of operations against acts of unlawful interference.

Definitions. For the purposes and effects of this regulation, the definitions or technical terms used in matters of civil aviation security shall have the meanings recognized by the International Civil Aviation Organization (ICAO), the Civil Aviation Security Law of Honduras, and in their absence, in the National Programs.

State Aircraft. Aircraft used in military, customs, or police services shall be considered State aircraft. Civil aviation regulations do not apply to such aircraft, which shall be governed by the protocols issued by the competent authority. Acts of unlawful interference and other acts that threaten civil aviation security involving State aircraft and/or foreign States shall be subject to the applicable rules of international law. CHAPTER II Of the Authority of Civil Aviation Security

The following are regulatory entities in matters of civil aviation security: 1. The National Council of Defense and Security: It is the highest permanent body of the State created by constitutional provision, responsible for directing, designing, and supervising general policies in matters of Security, National Defense, and Intelligence, the latter being executed through the National Directorate of Investigation and Intelligence DNII. 2. The National Directorate of Investigation and Intelligence. It is the entity responsible for developing investigation and strategic intelligence activities, to protect the rights and freedoms of citizens and residents in the country; prevent and counteract internal and external threats against the constitutional order, among others; and execute the public policies that the National Council of Defense and Security establishes in matters of defense and security. 3. Airport Security Division. Dependent on the National Directorate of Investigation and Intelligence (DNII), it has the purpose of providing security, regularity, and efficiency in a permanent and sustained manner, providing the necessary safeguards against acts of unlawful interference through the Civil Aviation Security Law of Honduras, regulations, Joint Civil Aviation Rules, programs, recommendations, methods, and legal procedures established, both in domestic and international law; likewise, to maintain the security of national and foreign operators duly authorized to operate in the national airspace, fundamentally in airports that provide services to both national and international flights. To ensure compliance with responsibilities in the processes of national and international civil aviation, with the ultimate aim of guaranteeing national security in general and citizen security in particular. CHAPTER III Of the Airport Security Division

The Airport Security Division. It is the competent authority in matters of civil aviation security for the application of the Civil Aviation Security Law of Honduras and is responsible for the application and compliance with regulations in this matter. The competence of the DSA does not relieve the airport operator or exploiter, security service providers, aircraft operators, and other service providers, of complying with certain general obligations for the purpose of maximizing the efficiency of the application of security measures and procedures in synergy with exploitation operations and services related to it.

Of the Authority of the DSA. The highest authority of the Airport Security Division rests with the Chief of the DSA, who is responsible for exercising the powers granted to him by article 22 of the Civil Aviation Security Law of Honduras, ensuring compliance with the duties and obligations of the DSA, exercising control over the personnel and activities of such institution. Said Chief is appointed and/or removed by the National Director of Investigation and Intelligence (DNII).

Other functions of the Chief of the DSA. In addition to the powers contemplated in article 22 of the Civil Aviation Security Law of Honduras, the following functions are established:

• 1)

  To adopt and apply the necessary measures to ensure compliance with international regulations on civil aviation security ratified by the State of Honduras;

• 2)

  To take internal measures that it deems necessary for the administration and functioning of the Organ under its charge;

• 3)

  In matters of Civil Aviation Security, to represent the State of Honduras before the International Civil Aviation Organization (ICAO), the Central American Air Navigation Services Corporation (COCESNA), and International Civil Aviation Bodies of which Honduras is or is not a member; as well as in national and international forums on the subject that are held.

Administrative organization of the DSA. To fulfill its functions, the DSA shall have the necessary, sufficient, and appropriate organizational, operational, and functional structure for the achievement of its purposes, comprising at least the following structure: a) DSA Directorate b) DSA Subdirectorate c) Legal Technical Advisory d) Public Relations e) Training Department f) Operations Department g) Quality Control Department h) Certification and Recertification Department i) Administration Department; and, j) Others that are created and are necessary for proper functioning. With regard to the different qualities and hierarchical situations of the officials and employees of the Division, what is provided for in the Internal Personnel Regulation of the DNII, the Personnel Functions Manual of the Airport Security Division, and current regulations shall be observed. Within the hierarchical structure, the Chief of the DSA may delegate or assign the powers to DSA personnel detailed in article 22 of the Civil Aviation Security Law of Honduras and others established in the current National Program.

Budget structure DSA. For the purpose of creating new departments, sections, and other dependencies that involve budgetary allocation to finance positions for the following fiscal year, the DSA, through the DNII, shall request authorization by submitting a justifying request indicating the functions to be executed. The departments and sections existing at the time this regulation enters into force shall not be subject to the authorization and approval process indicated above.

Personnel. Civil aviation security personnel hired for the Airport Security Division must undergo recruitment, selection, and contracting processes, through the Human Resources Division of the DNII, which is detailed in the National Program for Civil Aviation Security Instruction (PNISAC). The DSA must have technical personnel and other employees that are required for the best fulfillment of the functions attributed in the regulations governing civil aviation security. This personnel shall be selected in accordance with what is established in the National Program for Civil Aviation Security Instruction (PNISAC); in addition, it shall be subject to a special salary regime that the DNII shall approve once it considers the specialty of the matter and the recommendations issued by ICAO.

Own funds of the DSA. The DSA shall define and apply the rates generated by the administrative or technical actions carried out in the fulfillment of its functions or powers. The rates shall be approved by the Director of the DNII and published in the Official Gazette "La Gaceta". The DSA shall prepare and propose to the DNII the special procedure for rates in which it ensures that these funds are used for functions specific to the DSA.

Every activity carried out by the DSA may be carried out ex officio or at the request of a party. Any follow-up to an activity carried out by the DSA shall have a value established in this chapter and shall be borne by the user.

A RATE FOR ACTIVITIES is created that shall be applied to all those natural or legal persons who require the DSA to perform activities related to normal functions such as: identification card, permits, follow-up to audits, inspections and tests, training, certification and recertification, review and approval of security programs, quality control and instruction, security studies and investigations. Cost of Airport Security Identification Card (CSA) The collection of the table established above shall be made starting from the second follow-up that is carried out on the recommendations that were established.

When the specific activity requested or ex officio from the time stipulated in the last paragraph of the previous article must be carried out outside the city seat, in addition to the values established in the table above, the applicant must cover the expenses of accommodation, food, and transportation for the transfer of the official or employee of the DSA who will carry out the activity, in accordance with the meal allowance table for public sector employees in effect at the time of carrying out the same; considering in the case of transportation the following:

• a)

  If it is in a city where there is no airport, it shall be by land;

• b)

  If it is in a city where there is an airport, it shall be by air; and,

• c)

  If it is outside the country it shall be by air. For purposes of the cost of the rate, it shall be subject to the time established in the following table:

In the case of specific training activities, the reproduction of didactic material, the venue and refreshments shall be provided by the applicant. In the case of training programs organized by the DSA, the reproduction of didactic material, the venue and refreshments shall be provided by the DNII from the DSA's own funds.

In the case of airport security services activities, the time and personnel required shall depend on the study conducted for such activity.

The fees established in the Rate Schedule included in this Chapter shall be reviewed every two years by the Chief of the DSA and authorized by the Director of the DNII, and in exceptional cases due to changes in the public sector per diem table, considered for this calculation.

Specific activities not contemplated in this regulation shall be subject to the provisions established by the Chief of the DSA, using as reference an activity similar to the one requested.

The applicant for a specific activity shall submit a written request to the Airport Security Division Chief, who shall forward it to the corresponding department so that it determines the time necessary to carry out the activity and issues a form with the value of the fee that the user must pay.

The Department responsible for carrying out the activity, once it has received the deposit of the fee paid by the user, shall send the original to the Administrative Department DSA and a copy shall remain under its custody in the respective file. Once the specific activity is concluded, the Department responsible shall send a report to the DSA Chief and to the Administrative Department DSA.

Competent body to impose sanctions. The Airport Security Division (DSA) is the competent body to impose administrative sanctions applicable to natural or legal persons for the commission of violations provided for in the Law, Programs, in this Regulation and the Regulations on Sanctions for Violations of Civil Aviation Security (AVSEC).

Admonition. The Chief of the Airport Security Division (DSA) may impose administrative or pecuniary sanctions for violations of the Law, Regulations on Sanctions for Violations of Civil Aviation Security (AVSEC), Programs and Security Directives, with the exception of those violations in cases that are not within its jurisdiction as established in Article 16 of the Law. Sanctions must be applied depending on the gravity of the violations and their consequences for Civil Aviation Security. Upon initiating an administrative proceeding for the commission of an violation, prior to the application of a sanction, the Airport Security Division (DSA) must warn the violator to remedy the reason for the sanction; this criterion must be applied if upon opening the file it is detected that there is insufficient merit to continue the sanctioning process.

Criterion for applying a sanction. When determining the type and appropriate measure of the sanction to be applied, the following must be considered: the nature of the violation, the intent of the violator (whether it was deliberate or without malicious intent), the possible or actual danger to civil aviation security, the level of responsibility of the violator, their record of violations, their attitude toward the violation, including whether they voluntarily disclosed the violation and whether they adopted any measure to correct it, and the consequence of the sanction as a deterrent to others in similar situations. The administrative procedure to be applied for the knowledge of airport violations shall be the one established in the Regulations on Sanctions for Violations of Civil Aviation Security (AVSEC).

Classification of violations. Violations are classified as minor, serious and very serious, which must be sanctioned in accordance with what is established in the Law, the Regulations on Sanctions for Violations of Civil Aviation Security (AVSEC), without prejudice to others that may be included in the future by recommendations of the International Civil Aviation Organization (ICAO) which is the international body, or by competent authority. Such sanctions shall be established in accordance with international regulation, based on Special Drawing Rights in accordance with the exchange rate of the Central Bank of Honduras (BCH) at the time it becomes effective within a period of 5 business days counted from the day after the violator was notified. Against the sanctioning resolutions issued by the DSA, an appeal may be filed, which shall be presented to the Division, and it shall forward it with the corresponding report to the National Directorate of Investigation and Intelligence (DNII) for its decision; if it is dismissed, it shall determine that the violator shall pay, in addition to the fine, the interest accrued from the time payment was due.

Minor Violations. A fine of one hundred (100) to three hundred (300) Special Drawing Rights must be imposed for the commission of those violations considered minor, in the following cases:

• 1)

  The violation of the National Program for Civil Aviation Security Instruction (PNISAC) and regulations related to it, by personnel working in airport facilities related to the instruction necessary for contracted personnel;

• 2)

  The hiring of personnel to work in airport facilities without accreditation or authorization by the Airport Security Division (DSA) in application of its regulations;

• 3)

  The failure to observe formal or documentary obligations in the compliance with airport security regulations or programs;

• 4)

  Failure to submit the documentation corresponding to the Airport Security Division within the deadlines, formats and other conditions established in the different programs and other civil aviation security standards;

• 5)

  Failure to respect codes of conduct at an Airport and/or Aerodrome or aboard an aircraft; and,

• 6)

  Failure to comply with the instructions of Airport personnel or members of the flight crew.

Serious Violations: A fine of three hundred one (301) to seven hundred (700) Special Drawing Rights must be imposed for the commission of those violations considered serious, in the following cases:

• 1)

  The recurrence of a minor violation;

• 2)

  Verbally and/or physically assaulting DSA personnel, airport personnel and flight crew, disturbing order and discipline at the Airport and/or Aerodrome or aboard the aircraft;

• 3)

  The violation of procedures for the application of standards, dispositions and security measures;

• 4)

  Failure to comply with the security requirements ordered by the Competent Authority; and,

• 5)

  Non-compliance with the National Program for Quality Control, Airport Security Program, Operator Security Program and Security Program of the Special Services Supply Company that undermine the execution of the National Program for Civil Aviation Security (PNSAC).

Very Serious Violations: A fine of seven hundred one (701) to three thousand (3000) Special Drawing Rights must be imposed for the commission of those violations considered very serious, in the following cases:

• 1)

  The recurrence of a serious violation;

• 2)

  The disclosure of information related to the capabilities or deficiencies of the Civil Aviation Security System;

• 3)

  Operating without having the corresponding security programs authorized by the competent authority;

• 4)

  Carrying out operations and activities over areas where operations have been limited, suspended or prohibited in accordance with current legal provisions;

• 5)

  Issuing false reports or documents;

• 6)

  For communication, knowingly of false reports, transport of explosives, weapons and other dangerous devices, thereby putting civil aviation security at risk; and,

• 7)

  Introducing and/or allowing the transport of weapons, dangerous articles, flammable materials, explosives and in general all dangerous goods without complying with the corresponding dispositions and/or without having the respective authorization.

The procedure to be followed in the verification of facts, the application of sanctions and the knowledge of administrative remedies are those established in the Law, this regulation and the Regulations on Sanctions for Violations of Civil Aviation Security (AVSEC).

The exercise of the administrative sanctioning power is independent of the eventual occurrence of crimes or offenses of a penal nature, in such sense, the imposition of a sanction for administrative violation does not exclude the application of a penal sanction. The DSA shall inform the Public Ministry when it detects the possible occurrence of a crime.

In the prosecution and investigation of infractions related to Civil Aviation Security and National Security, the Airport Security Division (DSA) must assist the Public Ministry (MP) in all proceedings. SECTION II ADMINISTRATIVE REMEDIES

Any natural or legal person affected by administrative decisions imposed by the Airport Security Division (DSA) may file against such sanctions the legal remedies in the terms established in the Administrative Procedure Law. SECTION III APPEAL REMEDIES

The Appeal Remedy must be filed before the Airport Security Division and it must forward it to the National Investigation and Intelligence Directorate (DNII) for its decision, together with the file and its report, within a period of five (5) business days. The period for filing the remedy must be fifteen (15) business days from the day following notification of the resolution.

Against the resolutions issued by the National Investigation and Intelligence Directorate (DNII) dismissing the Appeal Remedy, the Reconsideration Remedy shall apply. Reconsideration may be requested within ten (10) business days following notification of the challenged act.

The Resolution of the Reconsideration Remedy shall terminate the Administrative Process.

If any of the remedies established in this chapter are not used within the prescribed period, it shall be understood as dismissed and the corresponding proceeding shall be available. CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS.

Coordination. In accordance with what is prescribed in Articles 33 and 34 of the Civil Aviation Security Law of Honduras, coordination and update meetings must be held with the entities involved, for the updating of measures, strategies, and legal provisions that have been issued and are related to civil aviation security aspects. These meetings must be coordinated by the Chief of the DSA who shall notify the DNII Director.

Criteria for making requests before the DSA, requests made to the DSA must be framed within the Procedures Manual and must be accessible and known to the user.

The provisions of this regulation do not prevent the issuance of other regulatory norms that after this instrument may be necessary for the effective and proper application of the Law.

Conflict between Norms. For purposes of the Regulation, when a conflict arises between a civil aviation norm and another of equal hierarchy, the civil aviation norm shall prevail. When there is conflict between two civil aviation norms of equal hierarchy, the one that protects to the greater extent the safety of air operations shall prevail. SECOND: This Regulation shall enter into force as of the day following its publication in "La Gaceta" Done in the city of Comayagüela, municipality of the Central District, on the 06th day of the month of October of the year 2020. CARLOS ROBERTO ALDANA ZELAYA NATIONAL DIRECTOR OF INVESTIGATION AND INTELLIGENCE GUILLERMO GUSTAVO THUMANN CONDE GENERAL SECRETARY