Agreement 264-2019

The purpose of this general regulation is to regulate the provisions of the Organic Law of the State Secretariat in the Office of Security and the National Police of Honduras approved by Legislative Decree 18-2017, dated May 31, 2017, regarding the organization, direction, coordination and functioning of the State Secretariat in the Office of Security and the National Police of Honduras; which shall hereinafter be referred to as the ORGANIC LAW.

This regulation is of general application and mandatory compliance for the State Secretariat in the Office of Security hereinafter referred to as THE SECRETARIAT and the National Police hereinafter referred to as THE POLICE; special regulations must also be issued to regulate specific activities described in the Organic Law. TITLE II STATE SECRETARIAT IN THE OFFICE OF SECURITY CHAPTER I COMPETENCIES AND FUNCTIONS OF THE SECURITY SECRETARIAT

The State Secretariat in the Office of Security, which shall hereinafter be referred to as "THE SECRETARIAT", is an organ of the Executive Power, which, together with the Council of State Secretaries and the National Council of Defense and Security, are responsible for the formulation of the National Public and Citizen Security Policy. THE SECRETARIAT is responsible for designing and implementing programs, plans, projects and citizen security strategies, matters relating to the maintenance and restoration of public order for peaceful and harmonious coexistence, the prevention, criminal investigation, combat, prosecution, control, coercibility, repression and deterrence of crimes, infractions and violations, the security of persons in their life, honor, beliefs, freedoms, assets and human rights; assistance in the preservation of the environment, public morality and public and private property; close cooperation with migration authorities for the prevention, migration control, illicit trafficking in persons and human trafficking; the registration and control of weapons and explosives; assistance to public powers; the regulation and control of private security services and other services; and matters concerning the education, training and capacity-building of members of THE POLICE; as well as the actions necessary, in coordination with other authorities, for the effective fight against drug trafficking, terrorism, organized crime, smuggling and tax evasion. Furthermore, THE SECRETARIAT is responsible for the performance of the functions assigned to it by the Organic Law.

The Secretary of State in the Office of Security must observe the principles of legality, impartiality, objectivity and due process in the performance of his authority to issue agreements on the appointment and termination of personnel of THE SECRETARIAT and members of the Police Career. He may issue appointment agreements for those who have satisfactorily completed the respective admission process and other requirements previously established in this Law, the Police Career Law and its regulations. Termination Agreements of personnel of THE SECRETARIAT and THE POLICE must be based on the grounds for termination and/or conclusion of the respective Police Career, established in the Organic Law, Police Career Law and corresponding regulations. This provision does not apply to personnel designated as "trust employees" of the Secretary of State in the Office of Security.

The delegation by the Secretary of State to the General Director of THE POLICE for the issuance of Agreements referred to in numeral 18 of Article 7 of the Organic Law must be subject to the formalities of Law. In such cases the General Director of THE POLICE may only issue appointment and termination agreements for members of the Category of Agents, Ranks and Non-commissioned Officers, observing the principles of legality, impartiality, objectivity, due process and under the same precepts established in the preceding article. The violation of this rule constitutes a serious fault and must be considered as abuse of authority. For the purposes of what is established in the preceding paragraph, abuse of authority shall be understood as that which is committed by an active official or police officer who has been invested with public and legal faculties while performing his duties, executing actions opposed or contrary to the obligations imposed by law, causing physical, moral or material harm to third parties.

In accordance with the powers indicated in Article 7 of the Law, the Secretary of State in the Office of Security shall order in writing and when necessary the application of trustworthiness evaluation tests for the following reasons: 1. To personnel of THE SECRETARIAT and members of the police career who compete for promotions, scholarships, courses and training, as well as those who aspire to occupy certain positions in the organizational structure of THE SECRETARIAT and THE POLICE, which must be applied by the Preventive Trust Control Center. 2. To applicants for initial admission as members of the police career or to occupy positions as officials of THE SECRETARIAT; such tests must be applied by the Preventive Trust Control Center. 3. For reasons of controls, permanence, internal investigation and others that are established in the respective manuals and protocols, shall order the trustworthiness certification of personnel of THE SECURITY SECRETARIAT and members of the police career through the Police Disciplinary Affairs Directorate (DIDADPOL), until such time as the Superintendency for the Application of Trustworthiness Evaluation Tests takes office. 4. Others that may be legally established.

The Secretary of State in the Office of Security in the performance of his duties shall authorize the development of cultural, social, sports and recreation activities for both personnel of THE SECRETARIAT and members of the police career; as well as the coordination and execution of inter-institutional and even international sports activities and competitions, with representation by a delegation of the Police Institution, at least once a year; which shall promote the strengthening of morale, discipline, patriotic sentiment, as well as the respect and institutional belonging of its members. In the development of the aforementioned activities, the promotion of ethics and institutional values, respect and enhancement of the Institutional Image, as well as discipline, courtesy and exemplary conduct by members representing the Institution must be promoted. CHAPTER II ORGANIZATION OF THE STATE SECRETARIAT IN THE OFFICE OF SECURITY SECTION I COMMON ASPECTS OF ORGANIZATION

THE SECRETARIAT has the organizational structure described in the Organic Law and in this Regulation. Notwithstanding, the Secretary of State may create, suppress, modify, reorganize and merge the directorates, departments, units and other dependencies that compose it, in accordance with the provisions of the General Law of Public Administration and its amendments.

To create, modify, merge or eliminate dependencies linked to the Operational Level of THE SECRETARIAT which corresponds to THE POLICE, the Secretary of State must require a Technical Report from the Police Strategic Board. Said Technical Report must contain an analysis of the causes justifying the modification, the purpose, administrative feasibility, impact and an estimate of the operating costs when it is the creation of a new organ of THE POLICE, and must have the corresponding budgetary availability and under the understanding that a new organ should not be created when it implies duplication of functions with others already existing. SECTION II DEPENDENCIES ATTACHED TO THE OFFICE OF THE SECRETARY OF STATE IN THE OFFICE OF SECURITY

The Office of THE SECRETARIAT of State in the Office of Security has the following dependencies attached under its direct command: the Unit of Legal Services and the Unit of Transparency and Access to Public Information.

The Unit of Legal Services, in the exercise of its functions depends hierarchically on the Secretary of State in the Office of Security, shall be at the service of both THE SECRETARIAT and the National POLICE, shall conduct the necessary coordinations with THE GENERAL SECRETARIAT and has the following organization:

• 1)

  Director;

• 2)

  Section of Legal Representation:

  • a)

    Area of Conciliation: i. Conciliation Offices; ii. Transit Conciliators;

  • b)

    Area of Prosecution; i. Legal Departments of the National Directorates; ii. Legal Offices of the Departmental and Municipal Headquarters of THE POLICE;

• 3)

  Section of Legal Advice; a. Legal Specialist.

In addition to the powers defined in Article 6 of the Organic Law, it has the following: 1. To exercise the administrative and judicial prosecution of THE SECRETARIAT and THE POLICE in representation of institutional interests. 2. To direct, coordinate and supervise the correct handling of legal and judicial matters of THE SECRETARIAT, as well as those conducted in the Departments and Legal Offices of THE POLICE and its Directorates. 3. To advise legally and timely the head of THE SECRETARIAT and THE POLICE on matters within its competence. 4. To exercise the legal defense of employees of THE SECRETARIAT and THE POLICE, subject to judicial proceedings for acts derived from service; without prejudice that the latter may assign his own defense, prior waiver of institutional legal service. 5. To issue opinions, legal criteria, reports, proposals and legal recommendations that are requested by the Secretary of State. 6. To prepare the Annual Operational Plan of the Unit of Legal Services jointly with all areas of the unit for its proper functioning at the national level. 7. To advise in the preparation of draft Laws, analysis and application of laws, decrees, regulations, contracts, agreements, among others; 8. To address legal consultations and legal provisions formally required by authorities, governmental institutions; and those required by officials of THE SECRETARIAT and THE POLICE related to the exercise of office. 9. To prepare agreements, contracts and opinions required for THE SECRETARIAT and THE POLICE and follow them up until their formalization. 10. To have representation in acquisition processes of THE SECRETARIAT and THE POLICE in order to ensure the legality of the acts. 11. To keep legal services personnel properly trained and updated in legal and administrative matters. 12. To participate in all types of proceedings, hearings and meetings in which its presence is required. 13. To compile and file the Laws, Regulations and legal administrative provisions that are competent to THE SECRETARIAT to form the legal library of the Unit of Legal Services. 14. To conduct supervision and necessary coordinations with Conciliators in matters of Transit and Social Coexistence on matters within their competence; and keep respective records of the cases they manage. 15. Others that are delegated to it by the Secretary of State, within the framework of its competencies.

THE POLICE and its Directorates must have a Legal Department, which is referred to in Article 80 of the Organic Law, dependent hierarchically and functionally on the Unit of Legal Services of THE SECRETARIAT described in the preceding article. It must be headed by a representative of the Area of Prosecution of the Unit of Legal Services of THE SECRETARIAT and shall also have legal specialists from the area of Legal Advice and the Area of Conciliation in the dependencies where required. Such officials serve as a link with the Unit of Legal Affairs of THE SECRETARIAT and are responsible for ensuring compliance with legal provisions and providing effectively the legal services described in Article 12 of this Regulation and other applicable regulations.

The Unit of Transparency and Access to Public Information, attached to the Office of THE SECRETARIAT, is responsible for managing requests for public information from both authorities and the general public, in accordance with applicable regulations. It is responsible for the following functions:

• 1)

  To supervise and guarantee the timely dissemination and communication of institutional public information through electronic means and the website of THE SECRETARIAT and THE POLICE;

• 2)

  To promote a culture of transparency and accountability at all levels of the Institution;

• 3)

  To guarantee access to authorized information within the framework of the Law of Transparency and Access to Public Information and the Law on Classification of Public Documents Related to National Security and Defense in matters within its competence, or other applicable regulations. 4. To serve as a link between the various administrative units of the entity and the citizenry, in order to manage queries made. 5. To establish the manuals and protocols for its internal functioning. 6. To guarantee the publication of public information that must be disseminated ex officio in the transparency portal of THE SECRETARIAT and THE POLICE, which allows for the permanent updating of the National Public Information System. 7. To facilitate consultation processes on the institutional services provided to the national and international user, with the purpose of improving institutional management, with the exception of reserved information. 8. Others that are established within the framework of its competencies. SECTION III DEPENDENCIES ATTACHED TO STATE UNDER-SECRETARIATS

The Technical Unit for Inter-institutional Coordination is responsible for administering, coordinating and providing technical assistance on National Information Systems responsible for the process of collection, capture, processing, analysis and dissemination of information related to regional and national indicators on security matters; it also handles the preparation of descriptive situational, technical-analytical and statistical documents with the purpose of achieving the standardization of effective and reliable data that allow providing official and quality statistical information for making informed actions in matters of security. In the performance of its functions, UTECI must conduct the necessary coordinations with the institutions that have participation in the collection, processing and analysis of related data.

UNIT FOR MANAGEMENT AND SUPPORT TO LOCAL GOVERNMENTS (UGAGLO). The Unit for Management and Support to Local Governments is the department of the Sub-Secretariat of State in the Office of Inter-institutional Affairs, responsible for proposing, coordinating and carrying out support projects for the management of local governments with citizen participation, through the execution of programs that contribute to the strengthening of peace, coexistence and citizen security; and perform the necessary coordinations with the departments of the Directorate of Prevention and Community Services and the Directorate of Inter-institutional Affairs and the NATIONAL POLICE, in the areas of its competence.

CENTER FOR STUDIES AND ANALYSIS IN CITIZEN SECURITY (CEASCI). The Center for Studies and Analysis in Citizen Security is the department of the Sub-Secretariat of State in the Office of Inter-institutional Affairs, responsible for preparing studies and research on criminality and violence in general, and issuing recommendations that facilitate the determination of prevention programs. It must also evaluate the impact of said programs, with the objective of contributing to the reduction of violence; as well as provide advisory services to public and private institutions in the design of programs for prevention and reduction of criminality. SECTION IV GENERAL SECRETARIAT

POWERS AND DUTIES. In addition to the powers and duties described in the Organic Law, the General Secretariat shall also have the following:

• 1)

  To direct, coordinate and supervise the activities carried out by the administrative units under its command;

• 2)

  To organize, coordinate and ensure compliance with the institutional agenda of the Secretary and Sub-Secretaries of State;

• 3)

  To supervise the administrative and judicial proceedings activities of THE SECRETARIAT and THE NATIONAL POLICE;

• 4)

  To supervise the management of legal advisory activities, institutional communication, those related to external cooperation and others that the Secretary of State may delegate;

• 5)

  To issue resolutions, agreements, rulings, communications, certificates, transcriptions, certifications, authenticated documents and other documents within its competence;

• 6)

  To be responsible for the issuance and receipt of official communications and documents of THE SECRETARIAT, as well as to receive requests to the Office and ensure their timely response, within the legal time limits established;

• 7)

  To maintain the registry of Decrees and Agreements issued on matters of the branch; the registry, control and efficient safekeeping of case files; and the general archive of the Office;

• 8)

  To establish and manage a system of control, monitoring, resolution and timely response to requests, inquiries, suggestions, claims and complaints from users and public or private entities and forward them to the appropriate person for efficient management; and, 9. Other powers and duties established in the laws and regulations on the matter.

GENERAL ARCHIVE. The General Archive Unit is responsible for administering and safeguarding THE SECRETARIAT's archive in documentary and digital form; containing the decrees, agreements, resolutions, rulings, opinions, reports, administrative case files, transcriptions, certifications, requests, complaints, official letters, correspondence and other documentation issued by THE SECRETARIAT; for which purpose it must maintain the necessary books of records and physical and electronic controls in accordance with legal formalities.

CONTROL AND REGISTRY. The Control and Registry Unit is the unit dependent on THE GENERAL SECRETARIAT, responsible for maintaining and supervising the registry and control of all documentation that enters and of the Resolutions issued by THE SECRETARIAT and its digitalization through efficient electronic mechanisms; monitoring the quality of processes and procedures that are developed and issuing the corresponding recommendations for improvement. SECTION V INTERNAL AUDIT

POWERS AND DUTIES. The Internal Audit is the body responsible for exercising fiscal control over THE SECRETARIAT and all of its departments in order to verify the correct collection of revenues and execution of current and investment expenditures, in such a way that the principles of legality and truthfulness are complied with; as well as the other powers and duties in accordance with the Organic Law of the Superior Court of Accounts and its regulations. If as a result of its functions it discovers facts that may generate administrative responsibilities, it must immediately communicate with the Secretary of State, so that he may issue the corresponding corrective measures and must follow up on the decisions adopted. In the case of not adopting or not applying measures, it must communicate with the Court, within the established legal time limits. When the audit reveals indications of civil or criminal responsibility, the Internal Auditor must communicate with the Superior Court of Accounts, so that it informs the competent authorities and instructs the corresponding civil and penal actions. It must also remit a copy of the audit proceedings to the Directorate of Police Disciplinary Affairs (DIDADPOL), in order for it to proceed with the corresponding investigation, for the alleged commission of serious or very serious offenses. SECTION VI DIRECTORATE FOR CONTROL OF PRIVATE SECURITY SERVICES AND OTHER SPECIAL SERVICES.

DIRECTORATE FOR CONTROL OF PRIVATE SECURITY SERVICES AND OTHER SPECIAL SERVICES. In accordance with the provisions of Article 14 of the Organic Law, the Directorate for Control of Private Security Services and Other Special Services is the technical, administrative and specialized body responsible for authorizing, controlling, supervising, evaluating, regulating and training services related to the security of persons, property, premises, events, transportation of persons and valuables, weapons among others, provided by legally authorized private security companies; which are regulated by the Law on Private Security Services and Other Special Services. This Directorate also has the obligation to plan and direct training programs on private security services for the personnel of private security companies and members of the Municipal Police. SECTION VII DIRECTORATE OF POLICE DISCIPLINARY AFFAIRS (DIDADPOL)

DIRECTION AND ADMINISTRATION OF DIDADPOL. In addition to the powers and duties described in Article 18 of the Organic Law, it is the responsibility of the Director of Disciplinary Affairs to direct, administer and supervise the Directorate of Police Disciplinary Affairs, as well as to implement the legal mechanisms and instruments that are approved for its organization, functioning and procedures, through the regulations and manuals that are necessary. The Directorate of Police Disciplinary Affairs (DIDADPOL) has the responsibility of Certifying the personnel of THE SECRETARIAT and members of the police career through the application of trust tests through the Preventive Trust Control Center (DIPOL), until the Superintendency for the Application of Trust Tests (SAPEC) enters into operation. To this end, the Directorate must prepare the Protocol for the Certification of said officials through trust evaluation tests, taking into account international standards on the matter, human rights and the parameters established in Legislative Decree 254-2013 which governs SAPEC.

OBLIGATION TO COOPERATE WITH DIDADPOL. In accordance with the provisions of Article 19 of the Organic Law, police and military authorities who refuse to cooperate and provide the information required by the Directorate of Police Disciplinary Affairs, who obstruct or delay such requests without justification, shall incur criminal, civil and administrative responsibility as appropriate. Likewise, they are obligated to provide the necessary cooperation and information required by DIDADPOL in matters of its competence; failure to comply shall result in the responsibilities described in the preceding paragraph. Private individuals are obligated to appear before the formal summons issued by DIDADPOL, which must indicate mainly the date, time, place and the purpose of their appearance.

SPECIAL REGULATIONS. The Directorate of Police Disciplinary Affairs must issue its Special Regulation, which shall regulate aspects related to its internal organization, functioning and administrative career applicable to officials who provide services in said Directorate. There must also be a Disciplinary Regulation in which the disciplinary procedure applicable to both members of the police career and personnel of THE SECRETARIAT is regulated; in which the offenses, sanctions and corresponding remedies are established. SECTION VIII ADMINISTRATIVE MANAGEMENT

ADMINISTRATIVE MANAGEMENT. The Administrative Management, for the efficient performance of its powers and duties, has under its charge the direction, coordination and supervision of the Human Resources Sub-management, the Material Resources and General Services Sub-management, the Budget Sub-management and the National Assets Unit, which must have their respective regulations, manuals and functioning protocols that are deemed necessary, which facilitate the correct administration and execution of resources. Likewise, there is an Integrated Management System, which is the administrative platform that consolidates Human Resources, Logistics and Financial Resources for their due control, with the purpose of making transparent and improving all administrative processes of THE SECRETARIAT and THE POLICE.

HUMAN RESOURCES SUB-MANAGEMENT. The Human Resources Sub-management is responsible for directing, executing, planning, advising, coordinating and supervising the management of personnel of THE SECRETARIAT; as well as processing the respective personnel actions in accordance with the Special Regime of Personnel of THE SECRETARIAT. Among its main functions are the following:

• 1)

  To ensure the correct application of legal provisions, as well as policies, manuals and guidelines on the administration of human resources;

• 2)

  To issue and supervise the execution of policies and guidelines on personnel administration of THE SECRETARIAT, in accordance with the Organic Law and its respective regulation;

• 3)

  To direct and coordinate recruitment and selection processes, evaluation, hiring, appointment and termination of human resources of THE SECRETARIAT, in compliance with applicable legal and regulatory provisions;

• 4)

  To administer the personnel database, which contains information regarding the status of THE SECRETARIAT's personnel, in each of their case files;

• 5)

  To plan and coordinate training processes that allow the professional development of human resources of THE SECRETARIAT, as well as the updating of knowledge and skills of personnel;

• 6)

  To follow up on disciplinary processes for THE SECRETARIAT's personnel and supervise the correct application of disciplinary measures;

• 7)

  To establish and manage registries and controls of attendance, absences, leaves, vacations, permits, application of disciplinary measures of THE SECRETARIAT's personnel, through efficient electronic systems;

• 8)

  To establish a system for performance evaluation and conduct periodic evaluations of THE SECRETARIAT's personnel;

• 9)

  To organize and develop programs or activities regarding occupational health and safety, social welfare and family recreation for THE SECRETARIAT's personnel.

• 10)

  To prepare the Manual of Functions, Classification of Positions and Salaries of THE SECRETARIAT, which must contain the nomenclature of each position or class, the duties, responsibilities and most important requirements for the performance of each position; and ensure its updating every two years.

• 11)

  Other powers and duties that may be delegated to it by the Secretary of State, within the framework of its competencies.

BUDGET SUB-MANAGEMENT. The Budget Sub-management is responsible for administering, directing, controlling and preparing the budget allocated to THE SECRETARIAT and monitoring its execution, as well as efficiently maintaining the accounting and financial records of resources, the review and control of expenditures, in accordance with the general budget provisions and other applicable regulations. Among its main functions are the following: 1. To formulate the Annual Budget Draft of THE SECRETARIAT, in coordination with the Unit for Planning and Evaluation of Management and with the different budget-executing units; with the objective that it responds to the Institutional Operating Plans. 2. To receive the Annual Operating Plan of each department of THE SECRETARIAT and THE POLICE, for its integration within the Institutional Operating Plan; 3. To control and monitor the budget execution of THE SECRETARIAT and THE POLICE, as well as ensure compliance with the regulations and procedures necessary for correct execution. 4. To comply with the provisions of the General Budget of the Republic and with the budget allocations for specific programs of THE SECRETARIAT and THE POLICE. 5. To evaluate and propose budget modifications according to institutional needs. 6. To publish the institutional budget execution in coordination with the Unit of Transparency and Access to Public Information of THE SECRETARIAT; 7. To maintain updated the registries and files of budget control and accounting; 8. To monitor the Integrated Financial Administration System (SIAFI). 9. To prepare reports on budget and financial execution and submit them to the appropriate bodies. 10. To make payments for Public Services and Social Security Contributions. 11. To authorize and supervise the payments corresponding to goods and/or services acquired, in accordance with current regulations. 12. To authorize and supervise the management of Funds allocated for Special Operations of THE POLICE, which must be utilized in accordance with the established manuals and protocols. 13. To issue and supervise the development of policies and guidelines on financial and budgetary matters of THE SECRETARIAT and THE POLICE. 14. Other powers and duties that may be delegated to it by the Secretary of State, within the framework of its competencies.

SUB-MANAGEMENT OF MATERIAL RESOURCES AND GENERAL SERVICES. The Sub-management of Material Resources and General Services is responsible for directing, supervising, advising, administering and efficiently controlling the procurement and contracting processes for goods and services of THE SECRETARIAT, in order to supply basic services such as transportation, cleaning, maintenance, equipment supply, furniture and office supplies that facilitate its activities. Among its main functions are the following:

• 1)

  To satisfy in a timely manner the distribution, maintenance and safekeeping of material resources and services of THE SECRETARIAT and THE POLICE;

• 2)

  To receive the purchase and service requests from all departments of THE SECRETARIAT and THE POLICE;

• 3)

  To ensure that purchasing, procurement and contracting activities for goods and services are carried out in accordance with the standards established in the State Contracting Law and the General Budget Provisions;

• 4)

  To maintain an updated registry of goods and services suppliers and of payments to suppliers;

• 5)

  To provide maintenance and cleaning of buildings and facilities, office equipment and other goods of THE SECRETARIAT and THE POLICE;

• 6)

  To authorize and guarantee the supply of fuel, supply of materials and supplies, messenger services, cleaning, maintenance and other services that may be necessary in the development of the various activities of THE SECRETARIAT and THE POLICE, maintaining the corresponding controls and records that ensure their rational and efficient use;

• 7)

  To coordinate activities that require transportation for official use of personnel of THE SECRETARIAT and THE POLICE, as well as provide the necessary services;

• 8)

  To perform maintenance and repair of vehicles owned by THE SECRETARIAT and THE POLICE, for their efficient operability and maintain the corresponding records;

• 9)

  To supervise and control the entry and exit of all material goods, subject to inventory, in accordance with the internal control procedures approved by THE SECRETARIAT and THE POLICE;

• 10)

  To advise and provide technical opinion in those cases in which THE SECRETARIAT and THE POLICE require acquiring, selling, donating or receiving real property through any legitimate means. 11. To manage and update the training of personnel on maintenance, use and handling of furniture. 12. To ensure that the vehicles of THE SECRETARIAT and THE POLICE are in optimal conditions, properly insured and have the current registration and inscription documents. 13. To issue and supervise the development of policies and guidelines of THE SECRETARIAT and THE POLICE, on matters of its competence. 14. Other powers and duties that may be delegated to it, within the framework of its competencies.

UNIT FOR PLANNING AND EVALUATION OF MANAGEMENT (UPEG). It is responsible for the analysis, design and evaluation of policy, programs, plans and projects of THE SECRETARIAT in accordance with the Policy on Public Expenditure and Investment, and must perform the following functions: 1. The preparation of Annual Operating Plans and operational programming in the medium and long term. 2. Periodic evaluation of plans, defining efficiency and effectiveness indicators. 3. Conduct of studies that define spending and investment priorities for the budget draft and financing of projects. 4. Formulation of Technical Standards for the design and operation of information systems and statistics. 5. Evaluation of programs under the responsibility of autonomous institutions sectorially linked to THE SECRETARIAT. SECTION IX DIRECTORATE OF MODERNIZATION, INTERNATIONAL AFFAIRS AND EXTERNAL COOPERATION

DIRECTION OF MODERNIZATION, INTERNATIONAL AFFAIRS AND EXTERNAL COOPERATION. For the efficient performance of its functions, the Direction of Modernization, International Affairs and External Cooperation is assisted by the units of Modernization; Unit of International Affairs and External Cooperation and Project Management Unit, as well as others that may be established according to their needs. For the proper coordination of these units, corresponding manuals and protocols shall be developed.

MODERNIZATION UNIT. The Modernization Unit is responsible for coordinating, executing and evaluating institutional reform measures, monitoring and supervising their implementation in accordance with the programs of THE SECRETARIAT, with the purpose of strengthening institutional capacities. Furthermore, it has the following attributions:

• 1)

  Monitor and supervise the implementation of reforms by THE SECRETARIAT and THE POLICE;

• 2)

  Design formats for detecting training needs at the national level and prepare diagnoses in this matter;

• 3)

  Coordinate jointly with the Administrative Management, the implementation of training programs;

• 4)

  Ensure that the Institution has state-of-the-art information and communication technologies to provide efficient services with transparency to the citizenry;

• 5)

  Prepare the Annual Operating Plan and Draft Budget of the Modernization Unit and evaluate its execution quarterly;

• 6)

  Coordinate, review and propose the updating of existing regulations, manuals and protocols of THE SECRETARIAT and THE POLICE and the development of those necessary for its efficient operation;

• 7)

  Propose management models for the reengineering of processes, procedures and services in coordination with the Direction of Planning, Operating Procedures and Continuous Improvement of THE POLICE, with the purpose of improving efficiency and transparency in administration, as well as strengthen administrative simplification;

• 8)

  Collect evidence of the implementation of Plans, Programs and Projects of THE SECRETARIAT and THE POLICE, and evaluate management, with emphasis on improvement; and, 9. Other matters that may be assigned to it, within the scope of its competence.

UNIT OF INTERNATIONAL AFFAIRS AND EXTERNAL COOPERATION. The Unit of International Affairs and External Cooperation has the responsibility of formulating, organizing, coordinating and aligning external cooperation strategies for the execution of institutional programs and projects in accordance with the provisions of current national laws and Financing Agencies. Furthermore, it has the following functions:

• 1)

  Provide the support and advice required by THE SECRETARIAT and THE POLICE for proper administration and compliance with commitments and actions in matters of external cooperation;

• 2)

  Coordinate with the General Secretariat and the Project Management Unit and others as required, the design of strategies for projects and programs in matters of international cooperation;

• 3)

  Identify institutional needs and priorities for external cooperation, in order to direct them in the areas required in order of priority;

• 4)

  Advise THE SECRETARIAT in the processes of negotiation of external cooperation programs and projects and prepare technical reports and other supporting documents for such negotiations between THE SECRETARIAT of State and the cooperating agency or body;

• 5)

  Request from the Police Strategic Board, the Report of Analysis and Recommendations regarding the execution of Agreements with international Police agencies or Institutions;

• 6)

  Plan and direct actions of supervision and evaluation of projects in coordination with the Project Management Unit quarterly and submit corresponding Reports to the Secretary, regarding their status;

• 7)

  Identify sources of financing for the execution of programs and projects that THE SECRETARIAT requires, in accordance with the order of priority of needs;

• 8)

  Prepare an annual report of activities and results, and submit it for consideration by higher authorities; and, 9. Other matters that may be assigned to it, within the scope of its competence.

PROJECT MANAGEMENT UNIT. The Project Management Unit is responsible for the administration, management, direction, coordination, execution, evaluation and monitoring of investment programs and projects of THE SECRETARIAT, financed with public funds and external funds such as investment loans, sectoral programs and donations; and is responsible for establishing a system of control and monitoring of the execution of said projects. Furthermore, it has the following functions:

• 1)

  Guarantee transparency in the use and management of THE SECRETARIAT's financial resources allocated to the execution of projects within its competence;

• 2)

  Administer and execute the financial resources allocated to each cooperation program or project. 3. Administer the human resources providing services in each of the programs, as well as follow-up in case of technical cooperation. 4. Conduct the management and administration of reimbursable and non-reimbursable financing agreements, carrying out operations based on each Agreement; 5. Unify the technical, administrative and financial processes of financed projects. 6. Keep the necessary records and controls on cooperation projects and programs managed or executed by THE SECRETARIAT and THE POLICE, in order to direct cooperation in accordance with the order of priorities. 7. Plan the execution of financed programs and projects, within the framework of Cooperation Agreements or Accords, in order to ensure compliance with the established conditions. 8. Conduct the processes of contracting and acquisition of works and goods and services linked to programs and projects under the responsibility of THE SECRETARIAT, in accordance with applicable legislation. 9. Submit reports of physical and financial execution in accordance with the requirements of the cooperating partner; 10. Make the necessary coordinations with the dependencies of THE SECRETARIAT that execute activities related to the matters of its competence, as well as provide them with cooperation, advice and reports they require. 11. Other matters that may be assigned to it, within the scope of its competence.

DIRECTION OF STRATEGIC COMMUNICATION AND PROTOCOL. For the efficient performance of the attributions of the Direction of Strategic Communication and Protocol (DICEP) described in article 26 of the Organic Law, it shall have the following basic organization:

• a)

  Unit of Internal and External Communication;

• b)

  Unit of Ceremonial and Protocol; and,

• c)

  Other units as may be established. They shall exercise their activities independently. The Direction of Strategic Communication and Protocol has the following functions:

  • 1)

    Direct, plan, advise and develop institutional strategy in matters of image and communication;

  • 2)

    Channel and coordinate interviews of the authorities of THE SECRETARIAT and THE POLICE in the media;

  • 3)

    Provide authorized information on the institutional policies, programs and actions;

  • 4)

    Provide updated informative material to media and institutional social networks, regarding the main actions carried out by THE SECRETARIAT and THE POLICE, with prior authorization from the Secretary of Security, both internally and externally;

  • 5)

    Provide clarifications through press releases and authorized social networks, regarding information that has been distorted or is false related to security actions or other activities of THE SECRETARIAT and THE POLICE;

  • 6)

    Administer the social networks of THE SECRETARIAT and THE POLICE that are authorized, in accordance with the guidelines and image and communication strategies previously defined;

  • 7)

    Evaluate the effectiveness and impact of communication programs through the press, media and social networks;

  • 8)

    Organize and direct press conferences of THE SECRETARIAT of Security, convoke journalists when required; and provide informative bulletins on information authorized by THE SECRETARIAT. 9. Direct, coordinate, organize and supervise important ceremonies and events of THE SECRETARIAT and THE POLICE, in order that they are carried out in accordance with the established protocols; 10. Manage with governmental and ecclesiastical entities everything related to coordination of official events of THE SECRETARIAT and THE POLICE; 11. Monitor news transmitted through different media, television, radio and social networks, with coverage twenty-four hours a day; and, 12. Other matters assigned to it, within the scope of its competencies.

SPECIAL REGIME OF PERSONNEL OF THE SECRETARIAT OF SECURITY. By virtue of article 29 of the Organic Law, the Special Career Regime applicable to officials and employees of THE SECRETARIAT was created, which is regulated in the Regulation of the Special Career Regime of Personnel of the Secretariat of State in the Office of Security, in which the labor relations of personnel are defined, the conditions of entry, selection, labor stability and permanence, promotion, professional development, rights, duties, prohibitions, methods of evaluation, certification, benefits, general disciplinary provisions and other personnel aspects necessary for the efficient management of THE SECRETARIAT's human talent.

DISCIPLINARY REGIME APPLICABLE TO PERSONNEL OF THE SECRETARIAT. In accordance with the provisions of the last paragraph of article 29 of the Organic Law, the general procedures of the disciplinary regime provided for in both the Organic Law and the Police Career Law are applicable to THE SECRETARIAT's personnel and THE POLICE's auxiliary personnel. However, the matters related to types of infractions, sanctions and disciplinary measures applicable to them shall be governed in accordance with the provisions of the corresponding Disciplinary Regulation.

TRANSITION OF SECRETARIAT PERSONNEL. Employees and officials of THE SECRETARIAT who, upon the entry into force of the Organic Law, are under the Civil Service Law Regime, may transfer to the Special Career Regime of THE SECRETARIAT's Personnel, in which case they shall retain their seniority and the pension system to which they contribute, subject to the corresponding trust evaluation and certification process. Those who do not wish to join the special Career regime of THE SECRETARIAT's Personnel may request their voluntary retirement with the right to recognition of benefits established in the Civil Service Law; likewise, those who voluntarily submitted to the trust evaluation and certification process and did not qualify shall receive the same benefits. All servers of THE SECRETARIAT shall be subject to the special regime, in accordance with the provisions established in the corresponding legislation, and must contribute to the Honduran Institute of Social Security (IHSS).

PURPOSE. The Special Career Regime of THE SECRETARIAT's Personnel, regulated through its Special Regulation, has the objective of guaranteeing to THE SECRETARIAT's officials and employees their labor stability, objectivity and transparency in the processes of selection and recruitment, performance evaluations and corresponding certification; legality and objectivity in administrative procedures; as well as recognition of the rights that are theirs.

SCOPE OF APPLICATION. The Special Career Regime of THE SECRETARIAT's Personnel is applicable to all personnel in service at THE SECRETARIAT, in accordance with the requirements provided for in its Regulation, Manuals and other corresponding legal instruments. Excluded from the application of this Regime are the Manager and Administrative Sub-managers, the directors and heads of Units of the Auxiliary Level and Control Level of THE SECRETARIAT; personnel under the modality of contract to provide their manual, professional or technical services; personnel appointed provisionally or temporarily; and the Secretary's trusted servers, defined in the Position Classification Manual.

ADMINISTRATION AND CONTROL OF THE SPECIAL REGIME. It is the responsibility of the Human Resources Sub-management to direct, administer, manage and control the Special Career Regime of THE SECRETARIAT's Personnel, other personnel in service at THE SECRETARIAT and other related activities; for which it shall have the units and offices it requires for the efficient exercise of its attributions.

NATIONAL POLICE. The National Police is a civil institution at the service of the citizenry, with competence for the provision of police service throughout the national territory, is professional, technical, of community nature, hierarchical, apolitical, non-deliberative, disciplined and subordinate to Constitutional Power; its members are committed to compliance with the Law, order and security throughout the Republic. THE NATIONAL POLICE is governed under the special regime of Police Career provided for in the Organic Law and the Police Career Law, as well as the respective regulations and manuals.

ATTRIBUTIONS OF THE NATIONAL POLICE. In addition to those established in article 32 of the Organic Law, the institutional attributions of THE POLICE are the following: 1. Require for verification, the identification of any person in public thoroughfare or during police operations or actions, with the purpose of carrying out the corresponding identity verification, for purposes of crime prevention or by reason of inquiries into a criminal act. 2. Conduct searches, inspections, raids, evictions and other police actions against persons, installations, vehicles or other objectives identified in accordance with established procedures; and must observe strict respect for the human rights of persons, the guarantees and rights recognized in the Constitution and the Law. 3. Promote joint work between THE POLICE, Municipalities, local authorities, public institutions and companies, for the prevention of crimes aimed at a culture of peaceful coexistence. 4. Other dispositions established legally and by regulation.

ORDERS. An order is the external manifestation of the will of the superior hierarchical authority with power, which entails its obedience, observance and immediate execution. They may be verbal or written and must be legitimate, clear, precise, logical, timely and related to the police service or function.

PROPER CHANNELS. Proper channels is a procedure that allows for the agile transmission between the hierarchical lines of the Institution, orders, instructions and directives related to service. Proper channels may be omitted in the face of special facts or circumstances, when compliance would result in harmful outcomes. Regarding matters related to disciplinary affairs, proper channels do not exist.

ILLEGITIMACY OF THE ORDER. An order shall be considered illegitimate when:

• 1)

  The order issued leads to the commission of crimes, violation of Laws and institutional norms;

• 2)

  Legitimate orders issued by a superior of higher rank are violated;

• 3)

  When it exceeds the limits of the competence or functions of the member of the police career who receives the order; and, 4. When they are harmful to human rights.

MANDATORY NATURE OF THE ORDER. Compliance with a legitimate order is mandatory; however, when the subordinate has doubts about the legitimacy or inadvisability of the order, he shall immediately and respectfully advise the superior who issued it. If there is insistence, the order must be issued in writing and it must be complied with without delay. If the order leads to the commission of a crime, the subordinate is not obligated to obey it and must immediately communicate to a higher instance following the proper channels and/or in default thereof to the competent authority. The member of the police career who issues an illegal or illegitimate order shall incur a disciplinary offense, without prejudice to the criminal or civil responsibility that corresponds. SECTION III OF POLICE SERVICE

NATURE OF POLICE SERVICE. In accordance with article 38 of the Organic Law, THE POLICE is a professional institution, of preventive, deterrent, and crime control service, of a community nature, founded on citizen participation, solidarity, and recognition of the need to interact with the community. It shall emphasize citizen participation as well as social control of its management.

PERMANENT SERVICE. The permanent and continuous service provided by THE NATIONAL POLICE to which article 39 of the Organic Law refers must not affect the right to rest of members of the police career; for which reason the Human Resources Directorate must ensure and guarantee that the shifts for the provision of police service or function in the national territory contemplate rest time or leave for personnel, without harming the permanent service that must be provided to citizens, except in situations of national emergency. Members of the police career must at all times perform their functions with efficiency, honor, dedication, and vocation, and must intervene in defense of the Constitution, the Law, and public security at any time and place, whether or not they are on duty hours; to that effect, they are protected with all legal benefits that correspond to them.

PROVISION OF POLICE SERVICE. Police service or function can only be performed by active members of THE POLICE protected under the police career system. The exercise of police function requires specialized knowledge acquired through comprehensive professional and technical training processes that contribute to professional, cultural, social, and economic development, with emphasis on discipline, ethics, respect for human rights, and fundamental guarantees.

NON-POLICE SERVICE. Auxiliary personnel occupying positions in THE POLICE for the provision of non-police services performing administrative, professional, or technical support tasks to police management must be subject to the hierarchy of THE POLICE in accordance with the Organic Law, Law of the Police Career, regulations, and respective manuals.

EQUITABLE POLICE SERVICE. Members of THE POLICE in the exercise of their positions are obligated to act with absolute impartiality and without any discrimination, and must provide professional and efficient service at all times, without distinction by reason of race, nationality, social class, sex, religion, or political ideologies.

GENDER EQUITY. The General Directorate of THE POLICE must ensure respect for gender equity and equality of rights, duties, obligations, and opportunities for all members of THE POLICE, promoting institutional strategies and programs aimed at strengthening gender equity. SECTION IV NATIONAL MODEL OF COMMUNITY POLICE SERVICE (MNSPC)

ACTIONS OF COMMUNITY POLICE SERVICE. THE POLICE must promote throughout the national territory the National Model of Community Police Service (MNSPC) that allows fostering a culture of peaceful coexistence and citizen participation, through the development of preventive, proactive, and educational actions and programs, establishing bonds of trust and proximity between police and community that contribute to security, the reduction of violence and risk factors for the population, as well as to the strengthening of confidence in the Police Institution.

COMMUNITY POLICE PROGRAMS. The philosophy of the national model of community police service must be implemented progressively throughout the national territory, for which it must adopt the following measures:

• 1)

  Assign sufficient personnel duly equipped and trained;

• 2)

  Conduct analysis and diagnosis of the community environment, identification of its needs and its inhabitants, seeking to provide timely, appropriate, and effective response to its demands, with security, prevention, and promotion of values being paramount;

• 3)

  Execution of proximity activities that generate bonds of trust with the community, local authorities, and private companies;

• 4)

  Coordinate actions and programs jointly with Municipal Police Forces, in areas where required;

• 5)

  Establish alliances with local authorities and key actors, to jointly respond to community needs and analyze security situations and their possible solutions.

• 6)

  Provide service in facilities with a pleasant environment for community assistance and labor welfare.

• 7)

  Account for its management when so required.

• 8)

  Others that may be established for the execution of community programs defined by police high command.

EMPLOYMENT OF TECHNOLOGICAL SYSTEMS AND ELECTRONIC RECORDS IN POLICE SERVICE. THE POLICE must employ technological systems and electronic records for the better fulfillment of its institutional functions that contribute to effectiveness in the capacity to respond to the community, such as:

• 1)

  Video surveillance systems on roads and public spaces determined according to criminal incidence and conflictivity;

• 2)

  Systems and devices for instantaneous electronic verification of the unique personal identity registry, vehicle registry, and weapons registry, which contribute to the effective identification of violators of the Law; and, 3. Others that may be determined. The Telematics Directorate shall endeavor to ensure that THE POLICE has the necessary tools for the operability of such systems, has the responsibility to authorize their use, establish security measures, maintain the registry and control of equipment and its assignment; as well as provide timely maintenance thereof for its efficient operability.

EFFICIENT RECORDS. THE POLICE must have records and databases on physical or electronic media that allow verification and follow-up of criminal activity at the national level such as: records of missing persons, stolen vehicles, registry of identification and passports that have been stolen or lost; registry of vehicles, ships, or aircraft linked to the commission of unlawful acts or subject to seizure measures; registry of legal entities linked to crimes; national or international registries of most-wanted persons; registry of violators of the General Law of Land Transportation and Traffic; as well as other registries specific to police function. As well as the necessary infrastructure for these purposes. Said database, with prior authorization from the General Directorate of THE POLICE may feed the systems and devices for instantaneous electronic verification, described in numeral 2 of the preceding article and their use shall be subject to the respective manuals and protocols. SECTION V POLICE PROCEDURES

POLICE PROCEDURES. The procedures for carrying out police operations and actions including checkpoints, searches, apprehensions, detentions, captures, and others, to which article 40 of the Organic Law refers, must be carried out in accordance with the provisions contained in THE POLICE Manual of Police Procedures. The Manual of Procedures professionalizes police conduct and regulates the Use of Force and Firearms, is mandatory knowledge and compliance for all members of the Police Career; and, ignorance thereof does not exempt from the criminal, civil, or disciplinary responsibility that corresponds.

GRADUATED USE OF FORCE AND FIREARMS. In the performance of its functions THE POLICE must always make progressive, differentiated, proportional, equitable, and graduated use of force and weapons. The use of force and weapons is considered legitimate only when employed to the extent strictly necessary for the effective performance of police functions, which it may employ when it finds itself in imminent danger of its life and that of third parties, respecting human rights for the purpose of restoring public order.

GOVERNING PRINCIPLES OF THE USE OF FORCE AND FIREARMS. THE POLICE for the use of Force and Firearms must observe the following Principles: 1. Principle of Legality: requires that force be used to enforce a legal duty or protect a legal right and the means to preserve order must be contemplated in the law. 2. Principle of Proportionality: Must choose among effective means, those that cause the least harm to the integrity of persons and their property, in accordance with the circumstances of danger. 3. Principle of Necessity: Refers to the deployment of force by the police officer when preventive and deterrent means do not provide protection and put persons in danger. 4. Principle of Rationality: Ability to decide which level of force to apply according to the scenario being faced. 5. Principle of Temporality: Refers to the fact that the use of force must be limited to the fulfillment of the objective that motivated its deployment.

PROGRESSIVE USE OF FORCE. The progressive use of force is the appropriate selection of force options that THE POLICE must use to provide an immediate response to the level of submission or aggressiveness of the citizen, in logical and legal sequence of cause and effect. The member of the police career for the use of force and firearms must comprehensively evaluate the following situations:

• 1)

  Submission of the Suspect:

  • a)

    Cooperative;

  • b)

    Passive Resistant;

  • c)

    Active Resistant;

  • d)

    Non-lethal Aggressive;

  • e)

    Lethal Aggressive;

• 2)

  Risk Perception;

• 3)

  Levels of Force:

  • a)

    Physical presence;

  • b)

    Use of non-violent means (eye contact, conversation, negotiation and mediation);

  • c)

    Physical Control;

  • d)

    Defensive use of non-lethal weapons (use of baton, water, tear gas);

  • e)

    Lethal Force: use of firearms.

GENERAL DIRECTORATE. The General Directorate is the superior hierarchical body commanding the National Police, responsible for its direction and proper administration, with observance of the principles of discipline and hierarchy of the high police command. The General Directorate shall be exercised by an officer of the Category of General Officers or, in the absence thereof, an officer with the rank of Police Commissioner, who meet the profile and requirements established in the Organic Law and the Police Career Law. The selection of the Subdirector of THE POLICE shall proceed in the same manner.

APPOINTMENT OF THE DIRECTOR AND GENERAL SUBDIRECTOR. In accordance with the provisions of article 45 of the Organic Law, for the appointment of the General Director and Subdirector of THE POLICE, the Secretary of State in the Office of Security must send to the President of the Republic the list of candidates who meet the legal requirements to occupy both positions. Such candidates must be selected for their nomination, taking into consideration seniority in rank, years of service, professional merits qualified based on demonstrable competencies, having successfully passed the Confidence Evaluation Tests and other requirements described in the Police Career Law.

SELECTION OF CANDIDATES. The selection of candidates for the positions of General Director and Subdirector of THE POLICE shall be carried out through the proposal of the General Director of the National Police, who shall evaluate the required requirements according to weighting criteria detailed in the corresponding regulation or manual, presenting before the Secretary of State in the Office of Security, who in turn shall present the proposal of the suitable candidates to the President of the Republic for his appointment and oath of office.

CESSATION OF OFFICE. The General Director of THE POLICE, the Subdirector and the Inspector General must cease their functions for the same causes established in article 46 of the Organic Law, as well as those provided for in the Police Career Law and its regulation.

INSPECTIONS DEPARTMENT OF THE GENERAL INSPECTORATE. It is responsible for conducting inspections by teams composed of personnel from different Directorates, who shall be appointed by the Inspector General of the National Police, with the fundamental purpose of verifying the operational readiness of THE POLICE, which shall also be responsible for performing the following functions: 1. Execute the stages of planning, execution, final report in the inspection of the different units of the National Police 2. Record the findings found in the different areas of the inspected units (Human Resources, Material Resources, Planning, Telematics or others). 3. Execute the inspection plan in each of the Inspections to be carried out. 4. Carry what is necessary to conduct the Inspection (Forms, inspection guides, required formats "report drafting format, improvement plan format, among others", prior information required, logistical means, camera, laptop computers, among others). 5. Apply the Inspection Guides, as appropriate, with the review and approval of the Inspector General. 6. Comply with the instructions issued by the Inspector General and by the officer coordinating the supervision. 7. Others that are assigned to it in accordance with the Law, regulations or the nature of the unit The other departments or units dependent on the General Inspectorate shall be regulated in the respective functions manual.

EXECUTIVE SECRETARIAT OF THE GENERAL DIRECTORATE. The Executive Secretariat is the unit attached to the General Directorate of THE POLICE, responsible for directing, organizing, executing and supervising the administrative and documentary management matters dispatched by the General Directorate and Subdirectorate; it must channel the inquiries, requests and suggestions presented before the General Directorate, in order to provide timely response; issue certifications and countersign the signature of the Director; prepare reports, notes, agreements, resolutions and other documents required by the Director; maintain the general file of the Office; as well as exercise the other functions delegated to it by the Directorate within the scope of its competencies.

OFFICE OF CEREMONIAL AND POLICE PROTOCOL. The Office of Ceremonial and Police Protocol is the unit under the direct command of the General Directorate of THE POLICE responsible for organizing, coordinating and supervising official, social and cultural acts of the Institution, such as change of command, graduation ceremonies, promotions, funeral services, delivery of decorations and distinctions; participation in governmental events and ceremonies, international organizations and other protocol activities that require Institutional representation. It shall act in accordance with the manuals, protocols and guidelines approved by THE SECRETARIAT. Likewise, the AIR POLICE UNIT is the specialized unit of THE POLICE in operations of aerial transport and police surveillance, in aerial search and rescue operations in cooperation with other authorities, transfer of human and material resources, support to other authorities in aerial surveillance and security. This Unit in an operational manner shall be directed by the General Director of the Police and by the Secretary of State in the Office of Security.

STRATEGIC POLICE DIRECTORATE. It is a superior body in charge of advising the General Directorate of THE POLICE on technical and operational aspects of police service, as well as exercising the other functions indicated in the Organic Law and respective Regulations. The Strategic Police Directorate is presided over by the General Director of THE POLICE, while the Subdirector shall participate and act as Executive Secretary, and it is also composed of the Inspector General, the Directors of the executive level of THE POLICE; and, extraordinarily the NATIONAL Directors of Operational and Executive Level of THE POLICE may be called according to needs. They shall meet ordinarily once (1) per week and as many times as required. Minutes shall be kept of each session showing the matters discussed and the respective recommendations, which must be signed by each participant. The Strategic Police Directorate has as its purpose the exercise of the powers provided in articles 54 and 57 of the Organic Law, the convocations made to its members are mandatory except for the exceptions established in its Regulation.

CONTINUOUS IMPROVEMENT UNIT. The Continuous Improvement Unit is the unit attached to the Directorate of Planning, Operational Procedures and Continuous Improvement, in charge of advising, directing and promoting the execution of a quality model, as well as the promotion of a quality culture in the performance of the functions of the members of the Institution, through the implementation of strategic continuous improvement guidelines, with the objective of achieving greater efficiency and effectiveness in the provision of police services. In addition to the powers referred to in article 61 of the Organic Law, it has the following responsibilities:

• 1)

  Periodically evaluate the strategic and operational guidelines established by the General Directorate and executed by the Police Units at the national level, proposing continuous improvement actions; must provide reports and conduct the necessary coordination with the Modernization Unit of THE SECRETARIAT;

• 2)

  Direct the process of implementing a quality model and continuous improvement guidelines that contribute to management oriented towards results and the generation of a quality culture in the institution;

• 3)

  Design self-evaluation methodologies of service in determined areas of the institution;

• 4)

  Prepare manuals and instructions required for the implementation of the quality model;

• 5)

  Direct the stages of formulation, monitoring and evaluation of the Institutional Strategic Plan, in coordination with the different offices related to this matter;

• 6)

  Coordinate and develop together with the Directorate of Police Education, training programs aimed at promoting a quality culture in the Institution; and, 7. Others delegated to it within the scope of its competencies. The other units dependent on the Directorate of Planning, Operational Procedures and Continuous Improvement shall be regulated in the respective functions manual.

PREVENTIVE TRUST CONTROL CENTER. It is the unit of the Directorate of Police Intelligence (DIPOL), in charge of conducting confidence tests solely to police aspirants, candidates for promotion, courses, scholarships and other officials who aspire to occupy positions in both THE POLICE and THE SECRETARIAT. During the application of such tests, the evaluated person must be guaranteed respect for human rights and human dignity, due process, as well as compliance with the parameters and protocols established by the Superintendency for the Application of Confidence Evaluation Tests as the governing body in this matter. The other departments and units dependent on the Directorate of Police Intelligence shall be regulated in the respective functions manual.

DEPARTMENT OF ATTENTION TO MORALE, SOCIAL WELFARE AND HEALTH. It is the unit attached to the Directorate of Human Resources, responsible for ensuring the welfare and comprehensive development of the members of THE POLICE, through the promotion and execution of social welfare and health programs focused on social security and social assistance, basic services of medical and psychological assistance, legal advice on specific matters arising from the exercise of their functions, sports, recreational, cultural activities and eventual health prevention measures, among others; in accordance with the policies and guidelines established by THE SECRETARIAT.

CHAPLAINCIES OF THE SECRETARIAT OF STATE IN THE OFFICE OF SECURITY AND THE NATIONAL POLICE. It is responsible for providing personnel, whether operational, administrative or auxiliary, spiritual services founded on the Bible, to satisfy at all times and places their emotional and spiritual needs, in order to strengthen their Christian faith, promote and strengthen values, ethical and moral principles, in order to contribute to the effective fulfillment of the institutional mission. The following are established as objectives of the Chaplaincy: a. Establish general guidelines for Catholic and Evangelical religious services. b. Consolidate the structure of religious services throughout the national territory. The other departments and offices dependent on the Directorate of Human Resources shall be regulated in the respective functions manuals.

INFRASTRUCTURE DEPARTMENT. It is responsible for supervising and supporting the planning, design and organization of engineering projects, construction, remodeling, repair of police facilities, buildings, shooting ranges, workshops, parking areas, training areas, green spaces and recreation areas; update a registry of the physical condition of Infrastructure of the National Police and participate in different bidding processes. The other departments and units dependent on the Directorate of Logistics shall be regulated in the respective functions manuals.

DEPARTMENT OF INTER-INSTITUTIONAL AFFAIRS: responsible for the following functions: 1. Advise the National Directorates and operational units in the preparation of plans, projects and budgets for the strengthening of the community component in their areas of responsibility. 2. Concentrate and direct external cooperation to develop programs and projects in the identified and targeted areas in order to avoid duplication of efforts and optimize the use of resources. 3. Evaluate and monitor the implementation of the MNSPC by operational units at the national level. 4. Develop accompaniment activities to operational units to encourage the implementation of work with a community approach. 5. Monitor police education processes in the community component. 6. Create regional support teams to monitor the implementation of the National Community Police Model. The other departments and units dependent on the Directorate of Inter-Institutional and Community Affairs shall be regulated in the respective functions manuals.

INTERNAL ORGANIZATION. The internal organization and operation of the Directorates of the Advisory Level of THE POLICE, which integrate the Police Strategic Board, are regulated in their special Regulations, as provided in article 56 of the Organic Law.

NATIONAL DIRECTORATES. The National Directorates are operative dependencies of THE POLICE and, in addition to the powers established in the Organic Law, are responsible for advising, planning and supervising the execution of security strategies and actions according to their area of competence, which are required for the provision of effective police service to the population. Each National Directorate is headed by a General Commissioner or Police Commissioner, prior to compliance with the profile established for each position.

CREATION OF NEW UNITS. The National Directors, when the situation demands it, may propose to the General Director the creation or modification of administrative and operative units of their Directorates. The General Director must submit the proposal to the Secretary of State in the Office of Security, who, after evaluating them and prior to technical opinion from the Police Strategic Board, may approve said proposal through an Agreement.

TERRITORIAL ORGANIZATION. For the efficient provision of services, THE POLICE has the following territorial organization: 1. Police Regional Commands (JRP): Police territorial division comprising several Departments according to their geographic location. 2. Departmental Police Units (UDEP): Police authority established for the provision of services by Departments, according to factors of territory and criminal incidence. 3. Metropolitan Police Units (UMEP): Police authority established for the provision of services in one or several Municipalities, determined according to factors of population, criminal incidence, territorial extension and others to be determined, there may be more than one within the same Department. 4. Municipal Commands (JM): Police authority established for the provision of service in the Municipalities of Honduras. 5. Police Districts (DP): Police territorial division determined by districts comprised in specific Municipalities. 6. Police Stations and Police Substations (EP and SEP): Permanent police dependencies in charge of citizen security in specific communities or neighborhoods, distributed geographically within Municipal Commands or Police Districts, according to factors of population and criminal incidence. 7. Fixed and Mobile Police Outposts (PPF and PPM): The police authority that is established in specific locations for the fulfillment of a mission in a permanent or temporary manner; and, 8. Others established as a result of the needs of the police service. THE SECRETARIAT through an Agreement may expand or modify said territorial organization for the provision of police services, prior to the opinion issued by the National Defense and Security Council, as established in article 78 of the Organic Law.

PERSONNEL OF THE NATIONAL DIRECTORATES. In accordance with article 77 of the Organic Law, the personnel of the National Directorates is comprised of members of the police career and professionals required according to the area of competence and service needs. They shall be trained by the Police Education Directorate. Said personnel may only enter the Institution through an Appointment Agreement or under the modality of a Contract issued or authorized by the Secretary of State in the Office of Security, or by whom they delegate, prior to approval of the entry requirements and selection processes established in the Organic Law, Police Career Law, respective Regulations and Manuals.

COMMON ORGANIZATION OF NATIONAL DIRECTORATES. In accordance with the provisions of article 80 of the Organic Law, the National Directorates have the following common organization: 1. National Director: Hierarchical superior of the Directorate in charge. 2. National Sub-Directorate: In charge of covering temporary absences of the National Director, supervising and exercising the functions delegated to it; 3. Executive Secretariat: In charge of handling documentary and secretarial matters of the National Directorate in general; 4. Legal Department: Liaison and coordination body with the Legal Services Unit of THE SECRETARIAT, in charge of advising and managing legal matters of the National Directorates, in accordance with the regulations, directives and guidelines issued by the Legal Services Unit of THE SECRETARIAT. 5. Administrative Division: Body responsible for coordinating, controlling and supervising administrative support and logistical services, control and management of personnel actions determined in the Law, necessary for the efficient operation of each Directorate; being responsible for the correct administration of said resources. It must have a trained Officer for each area, who shall serve as liaison with the Administrative and Financial Directorate, Human Resources Directorate and Logistics Directorate of THE POLICE respectively, who must act in accordance with the regulations, directives and guidelines issued by said Directorates regarding their area of competence. 6. Operative Division: Body responsible for coordinating, planning, executing and supervising operative and intelligence actions necessary for the fulfillment of the functions of the Directorates, according to the subject matter of their competence; 7. Support Units: Correspond to the units responsible for advising, coordinating and managing matters regarding technological equipment and its maintenance; and in financial matters authorized by the General Director; that are required for the efficient operation of each Directorate; being responsible for the correct administration of the assets and resources assigned. It must have a trained Officer for each area, who shall serve as liaison with the Financial Directorate and the Telematic Directorate of THE POLICE respectively, who must act in accordance with the regulations, directives and guidelines issued by said Directorates regarding their area of competence. The organization and operation of the National Directorates of THE POLICE shall be regulated through the corresponding Organization and Functions Manual.

ALLOCATION OF RESOURCES FOR SPECIAL OPERATIONS. THE POLICE shall have a special fund for special operations, which shall be assigned by THE SECRETARIAT in accordance with the Law on Reward and Payment of Informants, and previously established internal control processes. Furthermore, the General Director of THE POLICE may authorize the allocation of Reimbursable Funds to the National Directorates that require them in order to carry out special operations in cases of high social impact. The amount of said Fund must be set by the General Director, taking into account the complexity of the case and the difficulties in obtaining information that allows its clarification. It must be administered and controlled by the Finance Officer of the respective Directorate, in accordance with applicable regulations, who is responsible for maintaining records and accounting for it periodically; its use is subject to annual audits by the Internal Audit Unit of THE SECRETARIAT.

DEPARTMENTAL AND METROPOLITAN UNITS OF PREVENTION AND COMMUNITY SECURITY. The Departmental and Metropolitan Units of Prevention and Community Security are the operative units of THE POLICE ascribed to the National Directorate of Prevention and Community Security, with coverage in the Departments and Municipalities of the national territory, responsible for executing actions of prevention, dissuasion and immediate reaction against the commission of crimes and violations; guarantee the protection of people and their assets; as well as the exercise of their rights and civil liberties, ensure the maintenance of public order and peaceful coexistence, among others defined in the Organic Law. Its actions are framed under the community police service model.

SCHOOL POLICE DIVISION. A joint regulation issued by the Secretaries of State in the Office of Security; Internal Governance, Justice and Decentralization; and, Education, as well as by the Board of Directors of the Association of Municipalities of Honduras (AMHON), shall regulate the School Police Division. This Division must direct its actions toward the prevention of risk situations such as infractions to criminal law, gang membership, drug addiction, harassment, family violence and bullying, in which the life and physical integrity of students are endangered, thereby strengthening citizen security. It shall also fulfill the following functions:

• 1)

  Design and implement programs to prevent violence in all its manifestations;

• 2)

  Guarantee safe spaces in educational centers;

• 3)

  Keep the school administration informed of any student risk situations, in order to intervene immediately;

• 4)

  Develop control and surveillance actions at the entrance of previously identified educational centers and schools, and their surroundings;

• 5)

  Provide surveillance and support during public, sports, recreational and cultural activities of identified educational centers and schools;

• 6)

  Coordinate with the corresponding bodies the carrying out of road safety actions, prevention of drug use, gang membership, student violence, family violence and others;

• 7)

  Coordinate with the Ministry of Education prevention, education and training programs in educational centers and schools identified under risk factors; and, 8. Others assigned within the scope of their competence.

TOURIST POLICE DIVISION. The Tourist Police Division is responsible for providing protection and assistance to national or foreign tourists, both in the country's tourist zones and in air, land and maritime terminal facilities, with the purpose of facilitating their stay and reducing the risk of crimes, to positively influence the image of the country as a tourist destination. It shall also fulfill the following functions:

• 1)

  Plan, execute and supervise actions of protection, security and assistance to tourists;

• 2)

  Provide security in tourist interest zones identified in the country, in response to the demand for such activity and crime rates in this matter;

• 3)

  Carry out prevention and information programs for tourists, in order to prevent violations of their rights. 4. Safeguard and preserve cultural, archaeological, historical heritage and natural resources. 5. Maintain permanent dissemination actions directed at inhabitants regarding the importance of tourist protection and security. 6. In cases where tourists are involved in any police situation, judicial matter, victim of crime or others, must immediately inform the Embassy of the country of origin. 7. Maintain surveillance over persons suspected of criminal acts with special emphasis on child sexual exploitation and commercial exploitation. 8. Propose and develop awareness and protection programs for the environment and cultural heritage; and, 9. Others established within the scope of their competence.

GENDER EQUITY DIVISION. The Gender Equity Division is the dependency of THE POLICE, comprised of personnel specialized in the matter, responsible for promoting and fostering equal opportunities and non-discrimination, as well as the planning and execution of prevention programs against gender violence and its strengthening. Furthermore, it shall have the following powers:

• 1)

  Advise on the formulation of institutional programs aimed at promoting gender equity in the provision of police services;

• 2)

  Strengthen gender equity, incorporating its bases in all plans, programs, projects and normative instruments of THE POLICE.

• 3)

  Ensure that the gender equity approach is incorporated in the strategic and operational planning processes of the different dependencies of THE POLICE.

• 4)

  Review and update the procedures for handling cases of domestic, intrafamily and sexual violence against women.

• 5)

  Address situations of discrimination on the grounds of gender both in the provision of police service, as well as in internal relations in THE POLICE, issuing recommendations for corrective actions that may be necessary.

• 6)

  Provide support and assistance to the community in the prevention of crimes of violence against women on the grounds of gender.

• 7)

  Others established within the scope of their competence

INTERPOL. The Central National office of the International Organization of Criminal Police (INTERPOL), has the responsibility of coordinating, promoting and executing reciprocal police cooperation at the international level, for the fight against transnational crime, in compliance with the International Treaties and Conventions signed by Honduras and other applicable regulations. Among its main functions are the following: 1. Inform the General Director and Sub-Director of all actions carried out by the unit. 2. Coordinate, promote and execute reciprocal cooperation with member countries of the Organization in order to prevent and repress criminal activities. 3. Identify, locate and manage the necessary coordination with the competent authorities, to apprehend persons required at the international level for the purposes of extradition. 4. Detect the entry into the country of international criminals, as well as carry out actions to locate and detain fugitives against whom a capture order has been issued by a competent Court, and in accordance with domestic law. 5. Location and search for persons reported as missing due to crimes of Human Trafficking, trafficking in organs, sex tourism crimes, homicides, child abduction and other crimes connected to organized crime. 6. Promote technical scientific exchange in police matters, with foreign police bodies and institutions at the forefront in the world. 7. Monitoring and control of the Recovery of stolen vehicles, stolen vehicles, land motor vehicles, aircraft, vessels and other similar or illicitly appropriated goods in the Central American area. 8. Follow-up on vehicle theft reports in the different Police Database Systems, as well as in INTERPOL records. 9. Others established in accordance with the regulations of the INTERPOL Organization.

OPERATIONS DIVISION. The Operations Division is responsible for planning, coordinating and executing under the technical legal direction of Public Ministry Prosecutors, the actions and investigative activities regarding crimes, violations or infractions within its competence and provide the support required by the authorities for the judicialization of cases. Among its main functions are the following:

• 1)

  Conduct proceedings to verify the existence of a criminal act, the identification of victims and perpetrators, the degree of responsibility and participation thereof;

• 2)

  Receive complaints and information of crimes, violations or infractions presented by natural or legal persons and process them accordingly;

• 3)

  Receive statements from persons who can provide information and data of interest for the investigation of crimes;

• 4)

  Participate in searches, inspections and investigations carried out following the formalities prescribed by Law;

• 5)

  Coordinate with justice operators and other entities, the development of joint activities, in order to conduct investigation and judicialization processes of cases;

• 6)

  Record the status of persons, things and places through examinations, inspections, plans, photographs and other technical operations;

• 7)

  Apprehend and capture presumed perpetrators of crimes and put them at the order of competent authority, submitting to the rules for detention or capture established in the Criminal Procedural Code;

• 8)

  Others established in the Law and corresponding manuals.

FORENSICS DIVISION. The Forensics Division is the specialized technical body of the DPI, responsible for applying knowledge, methods and techniques of scientific investigation aimed at determining perpetrator identification based on the analysis of evidence collected during or related to the investigation; it shall conduct forensic examinations, reports or forensic opinions and technical-scientific investigations, or other analyses that are required for the clarification of crimes, under the direction of the Public Ministry in the terms of the Criminal Procedural Code. For the fulfillment of its functions, it shall have properly equipped laboratories for fingerprinting, forensic chemistry, document examination, ballistics, facial composite, forensic photography, forensic graphology, forensic informatics, forensic video and others as required, for which it must have the corresponding protocols of action.

CRIMINOLOGY DIVISION. The Criminology Division of the DPI, is responsible for analyzing and studying the causes for which the crime was committed, its reasons, the environment of the perpetrator, the victim and other characteristics that allow establishing mechanisms of prevention and action against crime. It must direct and coordinate the reception of information in criminal matters from different official entities, to feed the databases of records on persons and assets related to the investigation.

DEPARTMENTAL AND METROPOLITAN INVESTIGATION UNITS. The Departmental and Metropolitan Investigation Units are responsible for providing investigation services and other operational functions of the DPI as determined by Law and this regulation, in the different Departments or Municipalities at the national level, in accordance with factors of population, criminal incidence, territorial extension, and others to be determined. The chiefs and service personnel in the Departmental and Metropolitan Investigation Units shall maintain proper respect for institutional discipline and hierarchy; however, in the exercise of their powers they are obliged to obey constitutional, legal, and regulatory provisions; therefore, they shall only heed instructions from competent authorities or hierarchical superiors that fall within the cited regulations. SECTION VI ORGANIZATION OF THE NATIONAL DIRECTORATE OF ROADS AND TRANSPORT (DNVT)

NATIONAL DIRECTORATE OF ROADS AND TRANSPORT. For the effective fulfillment of the powers described in the Law that Regulates the Use and Circulation of Land Motor Vehicles, the National Directorate of Roads and Transport has the following organization:

• 1)

  Conciliation Department;

• 2)

  Department of Engineering and Traffic Accident Investigation;

• 3)

  Department of Control and Security of the National Vehicle Fleet;

• 4)

  Traffic Police Squadrons;

• 5)

  Departmental Traffic Units;

• 6)

  Metropolitan Traffic Units;

• 7)

  Others to be determined; Their functions are determined in the current Traffic Law and its regulation. SECTION VII DEPENDENCIES ASSIGNED TO THE NATIONAL DIRECTORATE OF SPECIAL FORCES (DNFE)

COMPREHENSIVE GOVERNMENTAL UNIT FOR SPECIAL SECURITY RESPONSE (TIGRES). The Comprehensive Governmental Unit for Special Security Response (TIGRES) is the tactical unit of THE POLICE, specialized in permanent and sustained dissuasive operations as well as the development of special plans focused on strategic points and sectors in urban or rural areas in situations of high risk in accordance with the criminal phenomenon of greater impact; in order to reduce crime; it shall exercise the other powers established by the respective regulation or manual.

UNIT FOR THE MAINTENANCE OF PUBLIC ORDER (UMO). It is the unit specialized in immediate police reaction actions such as demonstrations, riots, strikes and shall be responsible for executing all those operations against actions that provoke disruption of public order; The other functions and actions that correspond to this unit shall be established in the respective manual and protocol of action. The other units dependent on the National Directorate of Special Forces shall be regulated in the respective functions manual. SECTION VIII DEPENDENCIES ASSIGNED TO THE NATIONAL POLICE ANTI-DRUG DIRECTORATE (DNPA)

INTELLIGENCE DEPARTMENT. The Intelligence Department has as its main mission to coordinate and develop processes of collection, production, and dissemination of intelligence related to combating drug trafficking and its related crimes, with the purpose of effectively supporting the generation, evaluation, and implementation of plans, goals, and operational actions for the anti-drug struggle and related crimes. It must also provide support to other national and international entities with intelligence information and in the execution of previously authorized anti-drug operations and in timely coordination with the police high command.

DEPARTMENT OF SPECIAL INVESTIGATIONS. The Department of Special Investigations is responsible for developing, under the technical legal direction of the Public Prosecutor's Office (MP) criminal investigation procedures against drug trafficking and related crimes and cooperating with the Police Investigation Directorate and other State investigation bodies in activities related to this matter, for which it shall maintain the necessary communication and coordination with justice operators in order to plan joint investigation activities and criminalization of cases within the scope of its competence, in the terms established by the Criminal Procedure Code.

DEPARTMENT OF SPECIAL OPERATIONS. The Department of Special Operations is the specialized body for carrying out reaction and intervention operations aimed at the seizure of drugs, weapons, money, and assets; detention of suspects of drug-related crimes and related crimes; it shall also implement control checkpoints in ports, airports, and determined points used in illicit drug trafficking and prohibited substances, in coordination with competent authorities and other special bodies. The other departments and units dependent on the National Police Anti-Drug Directorate shall be regulated in the respective functions manuals. SECTION IX DEPENDENCIES ASSIGNED TO THE NATIONAL DIRECTORATE OF BORDER POLICE SERVICES (DNSPF).

MIGRATORY POLICE UNIT. The Migratory Police Unit of THE POLICE is responsible for collaborating and coordinating with the National Immigration Institute (INM) activities related to the control of entry and exit of persons in Honduran territory, joint verifications to detect crimes related to human trafficking and smuggling, drug trafficking and related crimes, as well as the falsification of travel documents and placing cases at the order of the competent authority; among others established in the respective manual or regulation.

CUSTOMS POLICE UNIT. The Customs Police Unit is in charge of the function of directing and implementing programs and strategies to counter the entry of smuggling and tax fraud in the country, in coordination with the competent authority in matters of tax collection; as well as participating in inspection operations and investigations directed by the Public Prosecutor's Office, related to crimes of smuggling, tax evasion, and tax fraud.

AIRPORT POLICE UNIT. The Airport Police Unit is responsible for safeguarding and guaranteeing the security of persons, luggage, and cargo that are in air terminals; it shall also develop prevention programs and activities and in the detection of possible crimes and infractions.

UNIT FOR THE CONTROL OF CIVIL AVIATION AND VESSELS. The Unit for the Control of Civil Aviation and Vessels in coordination and support with the General Directorate of Civil Aeronautics (DGAC), shall maintain special control of all aircraft registered in Honduras without exception, including sports aviation and foreign-registered aircraft that operate in airspace for periods exceeding forty-eight (48) hours; in the same way, it shall provide the collaboration required by the General Directorate of Merchant Marine (DGMM) regarding the control of vessels; in order to exercise police control to prevent and identify the entry of aircraft and vessels related to illegal activities and provide immediate communication to the corresponding authorities.

PORT POLICE UNIT. The Port Police Unit is in charge of coordinating and providing support in all port terminals of the country, in the planning and implementation of measures to prevent and control crimes or infractions occurring in said terminals; as well as to unify procedures that optimize the control of cargo with international destinations and others that shall be established in the respective manual or regulation. CHAPTER V NATIONAL DIRECTORATE OF POLICE EDUCATION SECTION I ORGANIZATION

ORGANIZATION OF THE NATIONAL DIRECTORATE OF POLICE EDUCATION. For the performance of its functions, in addition to the common organization for all National Directorates established in article 80 of the Organic Law, the Police Education Directorate shall exercise the Rectorship of the UNPH and shall have, in addition, the following organization: 1. General Secretariat: in charge of legalizing the educational processes of formation, training, specialization, and professionalization of the police education system and its study centers, in accordance with Higher Education standards. 2. Executive Secretariat: responsible for executing the legal part in coordination with the legal departments of the Study Centers of the National Directorate, 3. Administrative Vice-Rectorship: in charge of management and administrative, financial, and logistical control in an efficient and timely manner of the Directorate and its bodies, as well as the well-being of personnel; 4. Department of Recruitment and Personnel Selection: dependent on the Administrative Vice-Rectorship shall be in charge of managing in coordination with the Human Resources Directorate of THE POLICE, with DIPOL and the Preventive Trust Control Center the processes of recruitment, selection, and admission of aspiring students in police study centers. 5. Academic Vice-Rectorship: in charge of planning and development of curriculum design proposals; planning and programming of activities and academic matters of the Study Centers, supervision and evaluation of the teaching process and the assurance of educational quality. 6. Department of Supervision, Evaluation, and Educational Quality: dependent on the academic vice-rectorship is responsible for organizing, planning, and executing the different evaluations required for admission to police study centers; in addition to supervising and evaluating school infrastructure and processes for ensuring police educational quality; having to make the necessary coordination with related bodies. 7. Department of Academic Management: dependent on the academic vice-rectorship shall be responsible for supporting the development of study programs, the evaluation of teaching and learning process, continuous improvement and processes that contribute to the generation of a quality culture that allow the optimization of educational service and police competencies. It shall function in interaction with the Unit of Planning and Continuous Improvement of the Police. 8. Vice-Rectorship of Linkage and Civic Culture: in charge of managing cultural change within the police institution through the adoption of the community service model and promotion, dissemination, and training in matters of security and coexistence and fostering relations between the community and the police; 9. Others to be established by regulation.

REGULATION OF THE POLICE EDUCATION SYSTEM. Concerning the Police Education System, as well as the organization and operation of Police Training Centers, not foreseen in this Regulation, shall be governed by what is established in the Higher Education Law, the Academic Standards of Higher Education, the Statute of the UNPH, the Manuals and the Special Regulations that govern police education at its different levels. SECTION II GENERAL ASPECTS OF POLICE FORMATION

POLICE TRAINING CENTERS. Police Formation is the process that has as its purpose the initial formation, continuous formation, training, updating, specialization, and improvement of the Police Force that is offered through Police Educational Centers referred to in article 96 of the Organic Law and which are the following:

• 1)

  National Police University of Honduras (UNPH);

• 2)

  Training Center for Police Officers (CCOP);

• 3)

  National Police Academy (ANAPO) 4. Training Center for Police, Classes, and Non-Commissioned Officers (CCPCS) 5. Police Technical Institute (ITP) 6. School of Criminal Investigation (EIC); 7. Centers of Technical Schools of Police Specialties (CETEP); and, 8. Other Centers created by Law.

TECHNICAL ASPECTS AND GENERAL CRITERIA FOR POLICE TRAINING. In addition to the teaching of technical and specialized aspects referred to in Article 96 of the Organic Law, general criteria for Police Training are established founded on Human Rights, competency-based training and community police service, professionalization and police specialization, as well as in the recognition of discipline, vocation for service, teamwork, respect for hierarchies, respect for human life and the principle of legality.

It is the responsibility of the Police Education Directorate to maintain teaching programs permanently updated according to institutional needs at least every three (3) years and based on previously established technical criteria, conducting annual monitoring. Police service personnel must remain permanently subject to continuous training processes for the strengthening of their capacities, skills and knowledge, which ensure their professional and technical development. SECTION III POLICE TRAINING SUBSYSTEMS

INITIAL TRAINING REGIME. Applicants to the Basic Scale police are trained at the ITP and cadets of the Officers Scale are trained at ANAPO; both are governed by the Special Regime established in the corresponding Special Regulations.

REGIME OF CONTINUOUS TRAINING, CAPACITY BUILDING, SPECIALIZATION AND POLICE PERFECTION. Continuous Training is broken down into Qualifying Courses for the Promotion of all police scales, into training courses, into Police Specialization Programs and into Police Perfection Programs. Qualifying Courses for Promotion provide the necessary police competencies for the professional exercise of positions related to police rank and are governed by the Police Career Law, by the Promotion Regulations and by the Special Regulation of the Regime of Continuous Training, Capacity Building, Specialization and Police Perfection. Training courses provide situational and emerging police competencies in the field of security and police performance and are governed by the Police Career Law and by the Special Regulation of the Regime of Continuous Training, Capacity Building, Specialization and Police Perfection. Police Specialization Programs provide specialized police competencies in the field of security and police performance necessary for the performance of specific technical functions and are governed by the Police Career Law and by the Special Regulation of the Regime of Continuous Training, Capacity Building, Specialization and Police Perfection. And Police Perfection Programs provide strategic police competencies that allow the critical accumulation of police knowledge and learning, are supported by the organizational figures of Police Tutoring, for induction into the organizational world, and Police Mentoring, for police perfection, and are governed by the Police Career Law and by the Special Regulation of the Regime of Continuous Training, Capacity Building, Specialization and Police Perfection. SECTION IV OF THE UNPH

THE NATIONAL UNIVERSITY OF THE POLICE OF HONDURAS (UNPH). The National University of THE POLICE (UNPH) is the center of studies responsible for higher education of THE POLICE, which has as its mission to professionally train police officers and police personnel of the Basic Scale. The UNPH is organized in accordance with the Statute of the National University of THE POLICE of Honduras (UNPH) in force and the provisions of the Organic Law, the Higher Education Law, respective regulations and other applicable regulations.

UNIVERSITY PATRIMONY. The patrimony of the UNHP shall include financial allocations

from THE SECRETARIAT, subsidies, income from tuition and other internal administrative procedures, inheritances, bequests, donations and any other income of lawful origin; being the responsibility of the Rector the administration, control and accountability of said assets, in accordance with the legal provisions in force on the matter. CHAPTER VI GENERAL PROVISIONS OF POLICE CAREER SECTION I MEMBERS OF THE POLICE CAREER

MEMBERS OF THE POLICE CAREER. According to the provisions of Article 99 of the Organic Law, active police service personnel in their different categories and ranks are considered members of the Police Career, who have obtained a degree in police studies from an accredited police training center in the country or abroad and who have an appointment agreement issued by the competent authority; therefore, they are regulated under the personnel regime established in the Police Career Law. Students, applicants, cadets, midshipmen and agents of Police training centers referred to in Article 100 of the Organic Law are excluded from this provision, which are governed by the Special Regime established in the corresponding special regulations, who become members of the Police Career, once they have satisfactorily approved the admission requirements and have the respective Appointment Agreement issued by THE SECRETARIAT, for the provision of active service in THE POLICE.

PERSONNEL REGIME OF THE POLICE CAREER. The personnel regime that regulates the labor relations and conduct of members of the police career is governed according to the provisions of the Police Career Law, its regulation and respective manuals. Aspects relating to Promotions of police career personnel shall be developed through the Promotion, Promotion, Distinctions and Honors Regulation and Manual; regarding matters of suitability evaluations, performance and conduct, a corresponding Manual shall also be issued.

REGIME OF AUXILIARY PERSONNEL. The Regime of Auxiliary Personnel referred to in Article 101 of the Organic Law is applicable to civil or non-police personnel in the category of Police Auxiliaries or Police Auxiliary Class, who temporarily or permanently provide professional, administrative, technical or specialized services in support of police service. Such personnel must be trained in accordance with the requirements of the Police Education Directorate and are subject to the special regime stipulated in Chapter I, Title VI of the Police Career Law and respective regulations. Such personnel in the performance of their functions must not carry firearms, nor participate in operations or actions typical of a police officer that require special training.

POLICE CATEGORIES AND RANKS. For the creation or modification of police categories and ranks referred to in Article 103 of the Organic Law, the State Secretary in the Secretariat of Security based on institutional needs, shall require a favorable technical opinion from the Police Strategic Board. SECTION II SUSPENSION

SUSPENSION IN GENERAL. Employees of THE SECRETARIAT and members of the police career shall be suspended for the reasons and in the manner

contemplated in the Organic Law, Police Career Law and its Regulations.

PROHIBITIONS DUE TO SUSPENSION. Suspension in the terms of Article 117 of the Organic Law, applicable to THE SECRETARIAT personnel and members of the police career entails the prohibition of exercising the functions and authority conferred by their position; of exercising any position within the Institution, performing remunerated functions or employment in public entities while said measure lasts and others determined in the respective regulations and manuals. In the case of members of the police career, in addition to the above, it entails the prohibition of directing, planning or participating in operations, using the uniform, equipment, weaponry and insignia of THE POLICE, such equipment must be delivered immediately to the superior in charge of the unit to which it is assigned, leaving a record of this act. Non-compliance with these provisions constitutes a Very Serious offense.

SUSPENSION BY FORMAL PROCESSING ORDER. Employees of THE SECRETARIAT and members of the police career to whom a formal processing order has been issued for willful crime shall be immediately suspended from their position, without pay. Such suspension shall operate automatically, as soon as knowledge is had of the imputation of said formal processing order and shall not require any formality, except that these actions are derived from service or that there are indications of legitimate self-defense, fortuitous case or force majeure. In case a firm conviction is handed down, the proper course is the cancellation of the Appointment Agreement without further proceedings and without liability for the State. Unless these actions are derived from service or that there are indications of legitimate self-defense, fortuitous case or force majeure. A record of all of the above must be kept in the file and corresponding personnel records, non-compliance with this provision by the responsible official shall result in the civil, disciplinary and criminal liabilities that correspond. Excluded from the suspension measure established in this article are cases derived from the legitimate exercise of their position, in police service.

SUSPENSION BY DISCIPLINARY PROCEEDING. Suspension by disciplinary proceeding is the administrative act through which an active member of the police career or THE SECRETARIAT personnel is suspended from their functions, due to disciplinary proceeding for Serious and Very Serious Offenses, for which they shall be assigned to the performance of tasks that do not interfere with the disciplinary investigation, for the period established in the Disciplinary Regulation. CHAPTER VII DISCIPLINARY REGIME SECTION I DISCIPLINARY PROCESS

DISCIPLINARY REGIME. The disciplinary regime provided for in the Organic Law and developed in the Police Career Law establishes the general disciplinary norms and procedures with the purpose of regulating, preventing, investigating and sanctioning the infractions incurred by both THE SECRETARIAT personnel and THE POLICE; without prejudice to the criminal, civil or administrative responsibility that corresponds.

DISCIPLINARY PROCESS. The general norms of the disciplinary process provided for in Chapter I, Title V of the Organic Law, as well as the disciplinary provisions contained in the Police Career Law and respective regulations, are mandatory and of

general application to all employees of THE SECRETARIAT and members of the police career. Matters concerning types of offenses, types of sanctions, disciplinary measures and applicable disciplinary procedure shall be fully developed in the Disciplinary Regulation of the DIDADPOL. Ignorance of such regulations shall not exempt from liability those who violate them.

CERTIFICATION OF DISCIPLINARY BACKGROUND. The issuance of certifications or reports regarding disciplinary background or history to entities or private persons is prohibited, given that they are considered classified personal information. Nevertheless, upon request of official entities, by order of a judge, or at the request of the interested party in accordance with the Law, certifications or reports on such background shall be granted. Whoever fails to comply with this provision shall incur the corresponding liability.

OBLIGATION OF COLLABORATION. The obligation of collaboration of personnel of THE SECRETARIAT and of THE POLICE, with DIDADPOL the body in charge of disciplinary investigation, to which reference is made in article 19 of the Organic Law, also falls upon the unit chief or whoever is acting in their stead, or the most senior police officer present at the time of attending to the request from DIDADPOL, prior to reporting to the Hierarchical Superior. The foregoing applies to all requests for information, documentation, and other legally permitted materials required for matters within its competence. Failure to comply with this obligation warrants the corresponding administrative-disciplinary liability.

TERMS OF THE DISCIPLINARY PROCESS. The terms of the process indicated in article 113 of the Law shall be computed as follows: 1. The investigative phase of the disciplinary process must be established within a term not to exceed seventy-five (75) business days, counted from the date on which official knowledge of the fact was obtained. 2. Upon conclusion of the above term, the Directorate of Police Disciplinary Affairs (DIDADPOL) must elevate to THE SECRETARIAT the technical opinion with the corresponding recommendation within a term of ten (10) business days. 3. THE SECRETARIAT must proceed to issue the corresponding resolution to justifiably dismiss charges or discipline the faults committed within a term of fifteen (15) business days; once the sanctioned party is notified, they shall have the right to file a motion for reconsideration within the term of ten (10) business days. 4. Once the reconsideration process is exhausted and the accused has been duly notified within a term of five (5) business days, they have the right to appeal before the Administrative Contentious Jurisdiction within a term of fifteen (15) business days. 5. In cases in which no grounds are found, the Director of Police Disciplinary Affairs through a reasoned order shall proceed to archive the properly numbered file, which shall be sent in consultation to THE SECRETARIAT so that it may ratify or revoke the resolution within a term of fifteen (15) business days. 6. The rights and actions of the sanctioning authority to discipline or justifiably terminate a member of THE POLICE or personnel subject to the present Law shall prescribe within a term of thirty (30) calendar days, counted from the date on which the administrative remedies are exhausted, as provided in article 114 of the Organic Law. Non-compliance with the provisions set forth in this article constitutes a violation of duties and must result in the corresponding criminal, civil, and administrative liability for the official responsible for applying such measures.

MONITORING OF CRIMINAL CASES. It is the obligation of the Directorate of Police Disciplinary Affairs (DIDADPOL) to monitor and maintain a record of criminal proceedings to which personnel of THE SECRETARIAT and members of the police career are subject, for the purpose of communicating to the Human Resources Directorate of THE POLICE the suspension of salaries and other corresponding administrative actions. Should a provisional or definitive dismissal be rendered or should the party be declared innocent by means of a final judgment, personnel of THE SECRETARIAT as well as members of the police career may be reinstated to THE POLICE with all the rights that would have corresponded to them had they not been convicted, including unpaid salaries, provided that they present the respective certification from the jurisdictional authority within thirty (30) calendar days following its issuance.

CASES OF FLAGRANTE DELICTO. In cases of flagrante delicto in the commission of a crime by a member of the police career or personnel of THE SECRETARIAT, they shall be placed immediately at the disposal of the Public Ministry. Without prejudice to the administrative and disciplinary liabilities that may apply.

ELABORATION OF MANUALS. The present Regulation must be developed through the respective Manuals, which shall be issued by THE SECRETARIAT by means of Ministerial Agreements, within a term not to exceed one hundred twenty (120) business days from the publication of the present regulation; non-compliance with this provision shall give rise to the disciplinary measures that the present regulation determines against those responsible for the involved departments. The manuals shall form an integral part of the present Regulation and the Organic Law of THE NATIONAL POLICE, and must be disseminated among all members of THE NATIONAL POLICE.

EFFECTIVE DATE. The present Regulation shall take effect on the day following its publication in the Official Gazette "La Gaceta". Being of execution. BE IT PUBLISHED. JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF SECURITY MANUEL DE JESUS LUNA GUTIERREZ GENERAL SECRETARY