Agreement-SDN-083-2019

The purpose of this Special Regulation is to establish the normative framework within which the FNH shall act in the sale and offer of Specialized Services, Cabotage and Maritime Transport, regulating activities concerning these, such as: The Safety of persons and merchandise that are transported in vessels or naval ships, scientific research projects of naval nature, cabotage services and specialized work in dry dock and floating facilities carried out by the Naval Repair Center (CRN), which shall be administered by FNH personnel. Compliance with the legislation to which the provision of these services shall be subject and the procedures, actions and responsibilities pre-established for each of the responsible parties is imperative.

It is the responsibility of the FNH to create and apply this Special Regulation that regulates the provision and sale of specialized services in accordance with the Constitutional Law of the Armed Forces.

This Regulation contemplates operational procedures, responsibilities in the handling of equipment or merchandise to be transferred from one place to another, preventive measures for accidents in cases of force majeure or unforeseen events and other provisions relating to its objective.

The FNH, as part of the organizational structure of the Armed Forces, through this Special Regulation has as a priority interest the execution and implementation of scientific research projects of naval nature that contribute to national development, as well as cabotage service and maritime transport.

This Special Regulation shall be applied in land units where specialized services are provided or Scientific Research Projects of naval nature are carried out by the FNH and in vessels or ships of the FNH that are dedicated to providing Cabotage or Maritime Transport services. The foregoing, with the purpose of guiding the actions that must be carried out to comply with the objectives and goals that are foreseen. CHAPTER II CONCEPTUAL FRAMEWORK

For the purposes of this Special Regulation, the following definitions and acronyms shall be taken into account. In the case of undefined terms, the concept recorded in the other Laws and Regulations of the FNH or other applicable regulations shall be taken into account. WASTEWATER: Water with impurities from discharges of different origins; mainly domestic and industrial. BILGE WATER: The product of the collection, treatment and disposal of all oily liquids resulting from small leaks in pipes, joints and pumps, which could spill as a consequence of the normal operation of the engine plant in the bilge. SELF-MANAGEMENT: The use of any method, skill and strategy through which the participants in an activity can guide the achievement of their objectives with autonomy in the management of resources. It is carried out through the establishment of goals, planning, programming, task monitoring, self-evaluation, self-intervention and self-development. BATHYMETRY: Set of techniques for measuring the depths of the sea, rivers, etc. As well as the generation of nautical charts of the waters of the coasts, roadsteads, bars, navigable channels and ports of Honduras. CABOTAGE: The transport of equipment, merchandise and passengers between the ports of the same country, sailing relatively close to the coast. NAUTICAL CHART: A scale representation of navigable waters and adjacent land regions. It normally indicates the depths of water and terrain heights, nature of the bottom, details of the coast including ports, hazards to navigation, location of lights and other navigation aids. CRN: Naval Repair Center. DGMM: General Directorate of Merchant Marine. DRY DOCK: The name of the facilities intended to place vessels out of the water to carry out repairs to their external part, which is submerged in water (underwater hull). DREDGING: The operation that consists of cleaning and deepening a body of water, through the removal of rocks and sediments. STOWAGE: Distribution and proper placement of cargo in a vessel. BIOLOGICAL STUDIES: Those dedicated to studying life and its processes. It is a science that investigates the origin, evolution and properties of living beings. As well as they analyze the characteristics of individual organisms and species as a whole, studying the interactions between them and with the environment. HYDROGRAPHIC STUDIES: Those that consist of the description and systematic study of planetary water bodies, especially continental water resources. FNH: Honduran Naval Force. SCIENTIFIC INVESTIGATIONS: An ordered and systematic process of inquiry in which, through the rigorous application of a set of methods and criteria, the study, analysis or investigation into naval matters is pursued, with the subsequent objective of increasing, expanding or developing the knowledge that is held of these. METEOROLOGY: The discipline that deals with the study of atmospheric phenomena, the properties of the atmosphere and especially the relationship with atmospheric weather and the surface of the earth and the seas. MOTOR VESSEL: A vessel equipped with a motor, generally intended for the transport of persons or merchandise. WHARF: A wharf is a construction of stone, concrete, brick or wood made in the water, either in the sea, a lake or a river, anchored in the aquatic bed by means of bases that hold it firmly and that allows ships and vessels to dock for the purpose of carrying out the tasks of loading and unloading passengers or merchandise. SUPERSTRUCTURE: The part of the hull that emerges above the waterline up to the ship's rail. UNDERWATER HULL: The part of the hull that is submerged in the water, below the waterline. OCEANOGRAPHY: Science that studies the waters, the bottoms of the seas and oceans, from the physical, chemical and biological point of view, as well as their flora and fauna. BREAKWATER: A thick wall built at the edge of the sea, beach or port to protect them from the force of water and allow vessels to take shelter in bad weather. SEDENA: Secretariat of State in the Office of National Defense. BILGE: The space found below the engine room of vessels, just above the double bottoms, where liquids from leaks of water pipes, oily remains from engine leaks, etc. go to. WEARING COURSES: The layer that is placed on the base. Its main objective is to protect the pavement structure, waterproofing the surface. MARITIME TRANSPORT: The activity of transporting persons (passengers) or things (solid, liquid or gaseous cargo) by sea from one geographical point to another aboard a ship. CHAPTER III SCOPE OF OPERATIONS

The FNH shall provide its cabotage and maritime transport services where they are required and where it has the capacity to provide them, nationally or internationally, subject to the maritime legislation in force in each case.

To provide effectively and adequately the services provided by the FNH, it must comply with the provisions established in this regulation for each of them.

This article details where the respective services will be provided:

• a)

  Specialized Services: CRN and through FNH vessels in areas where required;

• b)

  Cabotage: Between ports at the national level;

• c)

  Maritime Transport: At the international level from one geographical point to another aboard a vessel or ship, according to the capacity that the FNH has;

• d)

  Research Projects: CRN, seas, ports, national waters and oceans that wash our coasts;

• e)

  Reconstructions, repairs and reconversions: CRN, ports, rivers, lagoons, lakes and national waters. TITLE II SERVICES PROVIDED BY THE HONDURAN NAVAL FORCE CHAPTER I OF THE NAVAL REPAIR CENTER

The area where the CRN is developed shall be operated and administered by the FNH, in order to promote national and foreign investment so that its consequent activities are developed within a special regime and in an environment consistent with socioeconomic growth, the safety of persons, the good condition of goods, sustainable and lasting development with environmental protection as well as the tourist vocation of the area. The net profits obtained shall be allocated to the investment, operation, research, innovation and development programs of the CRN or in the Surface Units of the FNH.

The CRN shall provide services such as:

• a)

  Services of pilots and tugboats for berthing and unberthing;

• b)

  Provide electricity;

• c)

  Provide fresh water to areas that require it;

• d)

  Oil changes and collection of used oil;

• e)

  Discharge and collection of bilge water;

• f)

  Discharge and collection of wastewater;

• g)

  Design, construction, repair, maintenance and repowering of vessels, motor vessels, maritime and river artifacts of all kinds;

• h)

  Supply of provisions and naval articles to vessels,

• i)

  Lodging and meals for visitors and crews;

• j)

  Importation and exportation of marine spare parts;

• k)

  Stay of civil vessels under the custody of the FNH;

• l)

  Sale of products and services in general; and,

• m)

  Any other activity related, derived or similar to those mentioned and that have the purpose of providing maritime services.

In the event that the contractor assigns civilian personnel for any service contracted by him, he must request in writing the entry of said personnel to the CRN facilities, being responsible for covering the medical expenses for illness or accident, which include this personnel.

The CRN shall act within the standards established by the DGMM, in relation to maritime activities subject to its regulation and authorization, as well as the observance of the measures issued in matters of protection of the marine environment. CHAPTER II OF CABOTAGE AND MARITIME TRANSPORT

In the provision of Cabotage services, the following shall be included:

• 1)

  Transfer of equipment, light and heavy vehicles, as well as construction and industrial machinery;

• 2)

  Transfer of solid and liquid merchandise;

• 3)

  Transfer of persons;

• 4)

  Others, according to its capacity.

The vessels that provide the cabotage service shall be subject to the International Maritime Conventions of which the Republic of Honduras is a State party and shall comply with the provisions, laws and regulations of the DGMM, being able to be inspected by it, they must also have the certificates, navigation patents and other documents issued by the DGMM.

The cargo to be transported on the vessel may be stowed within containers or any other means that provides adequate protection against inconveniences that may arise during transport.

The FNH is authorized to provide transportation services for persons or cargo at the national and international level, in compliance with the respective provisions established in this Regulation and other applicable provisions. CHAPTER III OF RESEARCH PROJECTS

The FNH may carry out scientific research projects of a Naval nature, to contribute to national development, strengthen the integrity of Honduran territory, promote maritime commerce, and modernize the institution. These shall be carried out at the request of interested parties and after analysis and authorization by the competent entities for the following activities:

• a)

  Evaluation of Biological Studies and Research Fishing;

• b)

  Bathymetry and other Hydrographic studies;

• c)

  Oceanography;

• d)

  Meteorology;

• e)

  Update of nautical charts;

• f)

  Development of maritime transport;

• g)

  Design and construction of vessels;

• h)

  Preparation of informational bulletins for maritime navigation assistance;

• i)

  Others. CHAPTER IV CONSTRUCTION, REPAIR AND RECONVERSION

In order to strengthen the existing naval installations for the development of the aforementioned Research Projects and, therefore, to improve the services to be provided at the CRN, coastal navigation and maritime transport, the funds obtained through these specialized services shall be allocated for the following:

• a)

  Repair, maintenance and strengthening of FNH vessels;

• b)

  Repair, maintenance and strengthening of heavy and light equipment at the CRN (travelift, cranes, welding equipment, forklifts, trucks, sandblast equipment, etc.);

• c)

  Support for coastal navigation and maritime transport vessels;

• d)

  Dry dock;

• e)

  Docks;

• f)

  Breakwaters;

• g)

  Dredging;

• h)

  Hangars;

• i)

  Runway surfaces;

• j)

  Areas on land, water and anchorage in buoys for the safekeeping and storage of vessels;

• k)

  Others that the FNH may require. TITLE III BILLING, MANAGEMENT AND RESPONSIBILITIES CHAPTER I ON BILLING OF RATES

The billing of the rate shall be according to a table proposed by the FNH administration personnel, through the appropriate channel and approved by SEDENA, and must be in accordance with the prices managed at the national level.

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

• a)

  Dollar price;

• b)

  Fuel price;

• c)

  Water price;

• d)

  Electrical energy price;

• e)

  Any other factor that implies making changes. CHAPTER II ON FINANCIAL MANAGEMENT

The collections made due to the provision of FNH services shall be deposited into the account of the FNH General Payroll Office, which shall be used for the purposes set forth in Article 18.

Payments made for the provision of services shall be recorded in accounting books duly authorized, folioed and sealed; an audit shall be conducted twice per year by the FNH Office of the Inspector General.

A receipt shall be issued with a copy to the FNH General Payroll Office, Administrative Section of the Unit, and the original to the person contracting the services. CHAPTER III ON RESPONSIBILITIES

The FNH shall not be responsible for damage or loss of any material or equipment due to force majeure and acts of God, but shall be responsible in cases of negligence duly proven.

It shall be the responsibility of the FNH, through the crew of the vessel providing coastal navigation and maritime transport services, to ensure that passenger personnel wear, at all times while aboard, their respective life jacket, as well as to maintain on board the equipment recommended by the International Maritime Organization (IMO) for the safety of life at sea. Furthermore, compliance with maritime safety norms and provisions of the DGMM shall be required.

The FNH shall create contingency plans that shall be practiced every three (03) months so that its services are completely safe and there is an immediate response to any incident, and these must be approved by the DGMM.

It shall be the responsibility of the FNH to prepare a contract for each service provided, which shall be authorized and signed by the General Commander of the FNH and the contractor, maintaining a log of the same.

The Ship's Commander, in accordance with the regulations of the DGMM and acting within the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers of 1978 as amended (STCW 78, as it is known by its English acronym), shall appoint one (01) member of the crew with the rank of Officer or Non-Commissioned Officer to be responsible for coordinating in advance the receipt, stowing and delivery of cargo and merchandise that will be transported by means of a document called the Manifest of Cargo, in accordance with the available space on the vessel.

The DGMM shall inform in writing the FNH of any anomaly or discrepancy in maritime safety norms or other provisions that have been violated, and the FNH shall make responsibility deductions to the Ship's Commander, the most senior person on board, or in any case to any member of the crew.

When the service of the travelift crane is requested to lift, move, or place heavy equipment or vessels, the requester shall be responsible for reimbursing any costs for damages caused to the CRN deck, if these are due to weight or to the requester having been untruthful at the moment of requesting the service, with the exception of when they are due to negligence of FNH members.

In the event of an incident at sea, the Ship Commander shall establish immediate communication with the General Commander of the FNH, the Commander of the corresponding Naval Squadron, or any other person in a position to provide assistance, requesting what is necessary to ensure the success of the mission. TITLE IV FINAL PROVISIONS CHAPTER I PERSONNEL AND SERVICES

The FNH, in order to exercise better control of the services to be provided and the execution of research projects, shall have adequately trained personnel in the following areas:

• a)

  Administrative;

• b)

  Engineering, which includes electrical, electronic, mechanical, welding, hydraulic, civil, mechatronic, and oceanographic;

• c)

  Inspection and evaluation of vessels; and d) Other areas deemed necessary to strengthen for the aforementioned purposes.

The gangway of the CRN shall be established where the Quartermaster service shall be provided during the day, and the Quartermaster shall maintain the log of incidents and the entry or exit of civilian personnel or materials.

The Deck Officer of the CRN shall be responsible for all coordination relating to its services. As well as providing the Quartermaster with the list of citizens duly authorized to enter the facilities.

At the gangway of the CRN during nighttime hours, sentinel service shall be conducted, who shall be responsible for internally guarding the CRN facilities and the vessels in the custody of the FNH. CHAPTER II POWERS AND DUTIES

The General Commander of the FNH, within his powers and duties, shall present to SEDENA for respective approval the following:

• a)

  Proposals for scientific research projects of a naval nature;

• b)

  Proposals to contract those national or foreign companies necessary to carry out the Provision of Specialized Services, Coastal Navigation, and Maritime Transport;

• c)

  Propose the modification or updating of tables containing the fee schedules for Services Provided by the FNH.

In addition to the legal powers and duties already established, the FNH shall have the following:

• a)

  Establish internal procedures and regulations, which must be complied with in the different types of services to be provided.

• b)

  Ensure that this regulation and corresponding provisions are complied with.

• c)

  Impose sanctions when non-compliance with this regulation is verified. CHAPTER III EFFECTIVE DATE

This Special Regulation governing the Sale of Specialized Services of Coastal Navigation and Maritime Transport of the Honduran Naval Force shall take effect as of the date of its publication in the Official Journal La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, on the fourth (04) day of the month of November of the year two thousand nineteen (2019). LET IT BE COMMUNICATED AND PUBLISHED. GENERAL (R) FREDY SANTIAGO DIAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ATTORNEY PERLA FLORES MARADIAGA GENERAL SECRETARY OF THE SECRETARIAT OF NATIONAL DEFENSE