Constitutional Law of the Armed Forces

The Armed Forces of Honduras are a permanent national institution, essentially professional, apolitical, obedient and non-deliberative. They are instituted to defend the territorial integrity and sovereignty of the Republic, maintain peace, public order and the rule of the Constitution, the principles of free suffrage and alternability in the exercise of the Presidency of the Republic.

The Armed Forces are an indivisible institution, whose organization is founded on hierarchy and discipline. Its members form a category of servants of the Nation called military personnel.

For the achievement of its purposes, the Armed Forces shall dedicate themselves essentially to their preparation, training and other military functions established by Law. They shall also act as a factor of development of the country, for which purpose they shall cooperate with the Executive Branch in the tasks of literacy, education, agriculture, conservation of natural resources, public works, communications, health, agrarian reform, emergency situations and other similar matters, provided that the service does not suffer detriment.

Members of the Armed Forces are the Officers, Non-Commissioned Officers, Officer Cadets, Enlisted Personnel and Auxiliary Personnel designated in their organic tables; who shall be subject to the provisions of this Law and to other provisions that regulate their functioning. Their personnel strength shall be in relation to the needs of the country, in accordance with what is established in the Constitution of the Republic.

The Military Court is established for crimes and military offenses. For the detention of those prosecuted for military crimes or offenses and the enforcement of sentences, military prisons are created. A special regulation shall govern their functioning.

The organization and functioning of militias not contemplated in this Law is prohibited. Governmental security bodies not dependent on the defense department and private ones shall be authorized, regulated and supervised by the Commander-in-Chief of the Armed Forces, upon the opinion of the Public Security Force.

Military Service is compulsory for all citizens between 18 and 30 years of age. A special Law shall regulate its functioning.

In case of international war, all Hondurans, without exception, are obligated to provide military service.

In case of war, when a state of siege or national emergency is decreed, all armed bodies and governmental dependencies that are in a position to support military operations shall be placed under the control of the Armed Forces for the duration of such situation upon order of the General Commander of the Armed Forces.

The Armed Forces are constituted by: a) Personnel; and, b) Property. (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

The Armed Forces shall be constituted by: a) Human Resources; and, b) Material Resources.

Personnel is constituted by the Officers, Non-Commissioned Officers, Officer Cadets, Enlisted Personnel and Auxiliary Personnel who are in a condition of permanence or availability. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

Human Resources are constituted by: The Officers, Non-Commissioned Officers, Officer Cadets, Enlisted Personnel and Auxiliary Personnel, who are filling their organic tables.

The property of the Armed Forces is constituted by: Weaponry, equipment, materials, livestock and other movable and immovable property recorded in the respective books thereof, which may be acquired by:

• a)

  Manufacture or construction;

• b)

  Purchase;

• c)

  Donation;

• ch)

  Requisition and seizure in accordance with Law; and, d) Any other means provided for in the laws. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

Material Resources are constituted by: weaponry, equipment, materials, livestock and other movable and immovable property recorded in the respective books thereof, which may be acquired by:

• a)

  Manufacture or construction;

• b)

  Purchase;

• c)

  Donation;

• ch)

  Requisition and seizure in accordance with Law; and, d) Any other means provided for in the laws.

The reserve of the Armed Forces is constituted by the set of citizens and goods that are provided to be used in complement of permanent personnel and available resources and of the goods of the Armed Forces, in case of international war or national emergency. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end, as an annex, and which in its relevant part states:

The Reserve of the Armed Forces is constituted by the set of human and material resources that are provided to be used as a complement to military operations, in case of international war or national emergency. A regulation shall govern the content of this Article.

The reserve of personnel shall be constituted by: a) Reserve with training; and, b) Reserve without training. Its organization shall be subject to the respective regulation.

The reserve with training shall be formed by able-bodied citizens who have served in the military.

The reserve without training shall be formed by all able-bodied Hondurans who have not served in the military.

The reserve of goods shall be constituted by public and private goods that at any given moment may contribute to the purposes contemplated in Article 3 of this Law. Its use and indemnification shall be governed by special laws and regulations.

In order to guarantee the fulfillment of its mission, the Armed Forces are organized into:

• a)

  General Command of the Armed Forces;

• b)

  Commander-in-Chief of the Armed Forces;

• c)

  Superior Council of the Armed Forces;

• d)

  Ministry of State in the Offices of Defense and National and Public Security;

• e)

  Army;

• f)

  Air Force;

• g)

  Naval Force;

• h)

  Public Security Force; and, i) Special Commands.

The General Commander and the Commander-in-Chief of the Armed Forces constitute the High Command which shall establish the general policy thereof.

The General Command of the Armed Forces is the highest hierarchical level thereof.

It corresponds constitutionally to the President of the Republic the command of the Armed Forces, who in the capacity of General Commander, shall issue his orders through the Commander-in-Chief.

The attributions of the General Commander are:

• a)

  To dispose of military forces in accordance with the Law;

• b)

  To maintain intact the independence, honor of the Republic and the integrity and inviolability of national territory;

• c)

  To maintain peace and internal security of the Republic and to repel any attack or external aggression;

• d)

  To permit, with prior authorization of the National Congress, the departure of Honduran troops to serve in foreign territory, in accordance with international treaties and conventions for operations regarding the maintenance of peace;

• e)

  To declare war and make peace during recess of the National Congress, which shall be convened immediately;

• f)

  To permit or deny, with prior authorization of the National Congress, the transit through Honduran territory of troops from another country;

• g)

  To grant promotions from Second Lieutenant to Captain or their equivalents inclusive, at the proposal of the Commander-in-Chief;

• h)

  To propose, jointly with the Commander-in-Chief of the Armed Forces before the National Congress, promotions from Major to General;

• i)

  To mobilize the reserves through the Commander-in-Chief of the Armed Forces, in the following cases:

  • 1)

    International war;

  • 2)

    Disturbances of internal peace;

  • 3)

    National emergency due to natural disaster;

  • 4)

    Exercises and maneuvers; and, 5) Personnel replacements.

• j)

  In case of international war, to order the activation of the Theater of War, with the advice of the National Council of Defense and Public Security;

• k)

  To approve the Regulation of Promotions and that of Military Decorations and Distinctions; and,

• l)

  To confer Decorations, in accordance with the respective Regulation.

The Presidential Honor Guard is the military unit whose principal mission is to guarantee the security of the President of the Republic.

The Presidential Honor Guard shall be organized by the number of Officers and Troops necessary for the fulfillment of its mission.

The personnel of the Presidential Honor Guard shall be composed of Officers and Troops from the Organic Cadre of the Armed Forces, remaining subject to what is determined by Military Laws and Regulations.

The Presidential Honor Guard shall comply with the norms of ceremonial protocol of the government house in official acts and shall be governed by its Internal Regulation.

The Commander in Chief of the Armed Forces is the superior command organ with direct authority over the same, from which the Commander in Chief shall exercise his functions, in accordance with the Constitution of the Republic, the present Law, and other applicable provisions.

The Commander in Chief of the Armed Forces is composed of:

• a)

  The Commander in Chief of the Armed Forces;

• b)

  Heads of organisms; and,

• c)

  Heads of dependencies.

The Commander in Chief of the Armed Forces shall be elected by the National Congress from a slate of three candidates proposed by the Superior Council of the Armed Forces; the slate of three must be composed of General or Senior Officers with the rank of Colonel of the Military Branches or its equivalent, on active duty, born Honduran.

The Commander in Chief of the Armed Forces shall serve in his functions for five years and may only be removed from his office in accordance with the prescriptions of the Constitution of the Republic and the present Law.

No relative of the President of the Republic or of his legal substitutes within the fourth degree of consanguinity or second degree of affinity may be proposed for Commander in Chief of the Armed Forces.

No person who has already served as Commander in Chief of the Armed Forces or who has exercised that office for more than half of the constitutional term may be proposed by the Superior Council of the Armed Forces in the slate of three for Commander in Chief thereof.

The Commander in Chief of the Armed Forces, upon taking office, shall make the following Oath of Law: "I promise to be faithful to the Republic, to comply with and enforce the Constitution and the Laws". SECTION III OF POWERS AND AUTHORITIES

The powers and authorities of the Commander in Chief of the Armed Forces are:

• a)

  To ensure compliance with the mandates that the Constitution of the Republic, the Constitutive Law of the Armed Forces, other laws and regulations impose on the Armed Forces;

• b)

  To comply with and enforce the orders and provisions issued by the President of the Republic in the exercise of his constitutional powers with respect to the Armed Forces;

• c)

  To issue the regulations, directives, instructions and orders that govern the organization, distribution, functioning and administration of the Armed Forces. Operational provisions shall be issued through the Joint General Staff, and administrative provisions through the State Secretariat of the National Defense and Public Security Offices and corresponding dependencies;

• ch)

  To order the preparation of plans and programs that are beneficial to the development and advancement of the Armed Forces and to supervise their compliance;

• d)

  To ensure compliance with the programs of functioning and development of the Armed Forces with due authority and probity;

• e)

  To inspect personally or through the Inspector General, or through commissions appointed for that purpose, the different forces, organisms, dependencies and institutions that make up the Armed Forces;

• f)

  To order the preparation or updating of national defense plans;

• g)

  To authorize, regulate and control through the State Secretariat of the National Defense and Public Security Offices, the production, importation, exportation, storage, transfer, loan, transport, purchase, sale, registration and carrying of all kinds of weapons, ammunition, explosives and other similar implements;

• h)

  To request from the National Congress the services of foreign military and civilian missions to advise the Armed Forces;

• i)

  To contract military and civilian instructors for the technical and scientific training of the Armed Forces;

• j)

  To accept or decline scholarships offered by the governments of other countries to pursue studies considered beneficial for the professional advancement of the Armed Forces;

• k)

  To issue through the State Secretariat of the National Defense and Public Security Offices, the organizational agreements of the Armed Forces;

• l)

  To propose to the President of the Republic, with prior favorable opinion of the Joint General Staff, agreements for promotions of Officers of the Military Branches and Services or their equivalents, from the rank of Sub-Lieutenant up to Captain or its equivalent, inclusive;

• ll)

  To propose to the National Congress, jointly with the President of the Republic, with prior favorable opinion of the Joint General Staff, promotions for officers of the Armed Forces, from the rank of Major up to the rank of General, inclusive;

• m)

  To assign to properly qualified personnel while on duty, and with prior opinion of the Joint General Staff, ranks from Sub-Lieutenant up to Captain or their equivalents, inclusive;

• n)

  To convene and preside over the meetings of the Superior Council of the Armed Forces; o) For reasons of security, may enter into acts and contracts that are strictly exclusive to the Armed Forces; and, p) Other powers that the laws confer upon him. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

The powers and authorities of the Commander in Chief of the Armed Forces are: a)....;b)....;c).....;ch).....;d)....;e).....;f)....;g)....; h) To request from the National Congress, through the President of the Republic and Commander General, authorization to obtain the services of foreign military and civilian missions to advise the Armed Forces; i) To contract military and civilian instructors, national or foreign, for the technical and scientific training of the Armed Forces; j)....; k)....; l)....; m)....; n)....; ñ)....; o)....; and, p)...... CHAPTER IV OF THE ORGANISMS UNIQUE SECTION OF GENERALITIES

Organisms are those entities created for the purpose of providing the personnel, means and technical resources necessary for the Commander in Chief of the Armed Forces to exercise efficiently the command, training, supervision, control and coordination thereof.

The organisms of the Commander in Chief are:

• a)

  Joint General Staff;

• b)

  Inspector General of the Armed Forces;

• c)

  The National Defense College; and, ch) Others that may be created.

The organisms and dependencies shall be constituted by directorates, departments and sections, which shall be the constituent organs thereof, according to the needs of the service.

The Joint General Staff is the superior technical military organism for advising, planning, coordination and supervision of the Armed Forces. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

The Joint General Staff is the superior technical military organism for advising, planning, coordination and supervision of the Commander in Chief.

For the performance of its functions, the Joint General Staff shall be organized into:

• a)

  Headquarters;

• b)

  Sub-Headquarters;

• c)

  Coordination General Staff;

• ch)

  Special General Staff; and,

• d)

  Others.

The Chief of the Joint General Staff shall be a General or Senior Officer with the Rank of Colonel of the Armed Forces or its equivalent, and Honduran by birth.

The organization of the Joint General Staff shall have the appropriate flexibility, in accordance with the organic and operational needs of the Armed Forces. It shall be governed by its Internal Regulations. SECTION II OF ATTRIBUTIONS

The attributions of the Joint General Staff are:

• a)

  To prepare strategic plans for land, sea and air operations of the Armed Forces, in accordance with the National Defense Plan;

• b)

  To transmit instructions and orders of an operational nature, issued by the Commander in Chief of the Armed Forces;

• c)

  To require from subordinate commands all the information necessary for the fulfillment of its functions;

• d)

  To maintain and develop the unity of doctrine of the Armed Forces;

• e)

  To issue opinions on the technical aspects of draft bills and military regulations;

• f)

  To prepare and review the campaign and technical regulations of the Armed Forces;

• g)

  To permanently maintain coordination with different levels of command for the development of the activities within its competence and to exercise the corresponding supervision;

• h)

  To plan and supervise maneuvers or military exercises of a technical or strategic level;

• i)

  To supervise the organization and programs of higher military education institutions;

• j)

  To issue opinions on promotion for all officers of the Armed Forces in accordance with the Constitution of the Republic, this Law and other applicable provisions;

• k)

  To issue opinions, submit reports, prepare plans and orders, formulate recommendations, in accordance with the provisions of the Commander in Chief of the Armed Forces; and,

• l)

  Others that may be assigned in its Regulations. CHAPTER VI OF THE GENERAL INSPECTORATE OF THE ARMED FORCES SECTION I OF GENERAL MATTERS

The General Inspectorate is an organism of the Command in Chief of the Armed Forces, which supervises the activities of the different Forces in everything concerning personnel, training, discipline, morale, weapons and equipment, security of installations and other specific aspects that the Commander in Chief of the Armed Forces may designate; striving to obtain, maintain and strengthen the doctrinal unity of the Armed Institution.

The General Inspectorate of the Armed Forces shall be organized in accordance with the operational needs thereof. Its own regulation shall govern it; its activities shall be coordinated by the Inspection Manual, the directives, instructions and orders issued by the Commander in Chief of the Armed Forces.

The Inspector General of the Armed Forces shall be a General or Senior Officer with the Rank of Colonel of the Armed Forces or its equivalent and Honduran by birth.

The Inspector General of the Armed Forces shall report directly to the Commander in Chief of the Armed Forces, from whom he shall receive missions, directives and orders and to whom he shall report on their fulfillment. He shall coordinate with the Chief of the Joint General Staff all those activities that are necessary for the performance of his functions, specifically in relation to the training of units and the functioning of services. He shall have at his disposal the personnel of officers, troops, specialists and auxiliaries assigned to him by the Commander in Chief of the Armed Forces.

In case of prolonged absence, the Inspector General of the Armed Forces shall be replaced by the General or Senior Officer designated by the Commander in Chief of the Armed Forces.

Inspections conducted on any Force have the purpose of examining and evaluating the degree of Operational Readiness of the inspected unit and providing the Commander in Chief of the Armed Forces with reliable, objective and impartial information regarding its functioning.

The Inspector General of the Armed Forces has as his mission: To plan, coordinate, direct, control and execute the activities foreseen in the inspection manual, in order to help maintain the operational and administrative efficiency of the different Forces, Dependencies and Special Commands.

The General Inspectorate of the Armed Forces shall be organized as follows:

• a)

  Inspector General of the Armed Forces;

• b)

  Permanent Committee of Inspectorate, constituted by:

  • 1)

    Inspector General of the Army;

  • 2)

    Inspector General of the Air Force;

  • 3)

    Inspector General of the Naval Force;

  • 4)

    Inspector General of the Public Security Force;

  • 5)

    Inspector General of the Services of the Armed Forces;

• c)

  Department of Planning and Evaluation, constituted by: 1) Planning Section; and 2) Evaluation and Statistics Section.

• d)

  Department of Inspections, constituted by:

  • 1)

    Support Section;

  • 2)

    Body of Technicians and Specialists; and,

• e)

  Others to be assigned. SECTION II OF ATTRIBUTIONS

The General Inspectorate of the Armed Forces has the following attributions:

• a)

  To direct and coordinate the inspection system of the Armed Forces;

• b)

  To supervise the application and compliance with the regulations and orders issued by the Commander in Chief of the Armed Forces;

• c)

  To supervise military instruction and discipline of all members of the Armed Forces, through actions of permanent inspection;

• d)

  To inform the Commander in Chief of the Armed Forces and the respective Commanders of all observations obtained during inspections and recommend corrective measures to remedy deficiencies; and,

• e)

  To conduct annual inspections of all Forces, Dependencies and Special Commands of the Armed Forces, and such visits as may be convenient in accordance with the instructions of the Commander in Chief of the Armed Forces.

The activities of the General Inspectorate of the Armed Forces shall be governed by its Regulation and the Inspection Manual approved for such purpose.

For the functioning of the inspection system, the Permanent Committee of General Inspectorate shall serve as the executing, normative, coordinating and evaluating body of joint activities, in accordance with the Inspection Manual of the General Inspectorate of the Armed Forces. It shall be presided over by the Inspector General of the Armed Forces. CHAPTER VII OF THE NATIONAL DEFENSE COLLEGE SECTION I OF GENERAL MATTERS

The National Defense College is the highest center of study of the Armed Forces, responsible for the training of selected military and civilian personnel, so that in joint action in the political, economic, social and military fields, they participate in national strategic planning.

General and Senior Officers of the Armed Forces who have completed Command and Staff studies, public officials and citizens who have distinguished themselves in the political, economic and social field of the Nation shall be selected and invited as participants. Only Honduran citizens by birth may be admitted. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex, and which in its relevant part states:

General and Senior Officers of the Armed Forces who have completed Command and Staff studies, public officials and citizens who have distinguished themselves in the political, economic and social field of the nation shall be selected and invited as participants. Only Honduran citizens by birth may be admitted.

The philosophical basis of the National Defense College shall be to establish itself as a center of research so that its conclusions serve as doctrinal guidelines and recommendations for the planning of National Defense.

The National Defense College shall be under the authority of the Commander in Chief of the Armed Forces. It shall be under the command of a General or Senior Officer with the Rank of Colonel of the Branches or equivalent, and shall be denominated Director of the National Defense College and must be Honduran by birth.

The Direction of the National Defense College, in addition to its teaching functions, is the body responsible for advising, planning, developing, supervising and coordinating the operation of all military study centers of the Armed Forces, unifying professional knowledge, investigating and developing military doctrines appropriate to them. SECTION II OF THE ORGANIZATION AND CONSTITUTION

The National Defense College for the fulfillment of its mission and functions shall be organized and constituted in the manner established by its Internal Regulations.

The Commander in Chief of the Armed Forces shall designate the personnel of Staff Officers, Teaching, Troops and Auxiliaries, equipment, materials, movable and immovable property necessary for its operation. SECTION III OF THE COMMAND AND STAFF SCHOOL

The Command and Staff School is the institution of higher studies in which Officers are trained in the procedures of the General Staff and the Command of large units. In addition to the educational function, it shall cooperate with the National Defense College in the tasks of research and development of national military doctrine.

The Command and Staff School shall be under the authority of the Commander in Chief of the Armed Forces and shall be under the command of a Senior Officer, with the Rank of Colonel of the Branches or equivalent. His position shall be denominated Director of the Command and Staff School and must be Honduran by birth. SECTION IV OF THE ORGANIZATION AND CONSTITUTION

The Command and Staff School shall be organized and constituted in the manner established by its Internal Regulations.

The Commander in Chief of the Armed Forces shall designate the personnel of Staff Officers, Teaching, Troops, Auxiliaries, equipment, materials, movable and immovable property necessary for its operation. SECTION V OF THE TRAINING SCHOOLS

The Training Schools are those dedicated to specialized instruction in the Branches, Bodies and Services. They shall be governed by their respective Regulations. SECTION VI OF THE FORMATION SCHOOLS

The Formation Schools are those that have as their fundamental mission the professional preparation of Cadet Officers aspiring to be Officers of the different branches, bodies and services. They shall be governed by their respective regulations. SECTION VII OF THE PARAMILITARY SCHOOLS

The Paramilitary Schools are those educational centers organized jointly by the Commander in Chief of the Armed Forces and the Ministry of State for Public Education, in order to prepare the cadres of Reserve Officers of the Armed Forces from among the elements of Honduran youth. Its operation shall be regulated by a Special Regulation. CHAPTER VIII OF THE DEPENDENCIES SOLE SECTION OF GENERAL PROVISIONS

Dependencies are those entities created for the purpose of providing the Armed Forces with logistical, administrative, social security and other services.

The following are dependencies of the Commander in Chief of the Armed Forces:

• a)

  General Audit Office;

• b)

  General Paymaster's Office;

• c)

  Chief Administrative Officer;

• ch)

  Military Welfare Institute;

• d)

  Military Industry;

• e)

  Public Relations Department; and,

• f)

  Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in the pertinent part states:

The following are Dependencies of the Commander in Chief of the Armed Forces:

• a)

  General Audit Office;

• b)

  General Paymaster's Office;

• c)

  Chief Administrative Officer;

• ch)

  Military Welfare Institute;

• d)

  Military Industry;

• e)

  Public Relations Department;

• f)

  Ceremonial and Protocol Department;

• g)

  History Department; and,

• h)

  Others that may be established. CHAPTER IX OF THE GENERAL AUDIT OFFICE OF THE ARMED FORCES

The General Audit Office is the dependency of the Armed Forces responsible for providing legal advice, issuing opinions, recommending standards of control and administrative oversight, as well as standards of coordination and liaison with judicial authorities, military courts and military prisons; and, proposing amendments, repeal and enactment of military laws through the appropriate channels. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in the pertinent part states:

The General Audit Office is the Dependency with responsibility for the prior and subsequent fiscal oversight of the Bodies, Dependencies and Units of the Armed Forces; it shall also have the powers to provide legal advice; as well as to issue opinions, recommend standards of administrative control and oversight and coordination; likewise, it shall function as liaison between the Commander in Chief of the Armed Forces and the military judicial and penitentiary systems; and may also propose the enactment of military laws, reforms and repeals, through the appropriate channels.

The General Audit Office shall also be responsible for advising on the appointment of personnel of the Dependency and military courts, supervising and directing procedures, where applicable, and overseeing the management of funds and assets of the Armed Forces, issuing written judgments. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex.

The General Audit Office shall be headed by a Senior Officer with the Rank of Colonel of the Arms, Corps or Services; his position shall be called General Auditor of the Armed Forces and shall be appointed by the Commander in Chief and must be Honduran by birth. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in the pertinent part states:

The General Audit Office shall be headed by a General or Senior Officer with the Rank of Colonel of the Arms, Corps or Services; his position shall be called General Auditor of the Armed Forces and shall be appointed by the Commander in Chief.

The General Audit Office shall have direct relation with the Body, Commands of Forces, Units and Dependencies of the Armed Forces; and, in the exercise of its powers, organization and functioning, it shall be governed by this Law and its Regulations.

The prior or subsequent fiscal oversight of the Commander in Chief and the General Auditor shall be conducted by a commission that, for this purpose, shall be appointed by the Superior Council of the Armed Forces. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex. CHAPTER X OF THE GENERAL PAYMASTER'S OFFICE OF THE ARMED FORCES SOLE SECTION

The General Paymaster's Office of the Armed Forces is the dependency responsible for administering the funds allocated in the General Budget of Income and Expenditures of the Republic, in accordance with what is prescribed in the Constitution of the Republic and other applicable laws.

The General Paymaster's Office of the Armed Forces shall be headed by a senior officer of the Arms, Corps or Services with the Rank of Colonel or its equivalent and shall be called General Paymaster of the Armed Forces and must be Honduran by birth. It shall be governed by its Internal Regulations. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in the pertinent part states:

The General Paymaster's Office of the Armed Forces shall be headed by a General or Senior Officer of the Arms, Corps or Services, with the Rank of Colonel or its equivalent, and shall be called General Paymaster of the Armed Forces; must be Honduran by birth and shall be governed by the respective Regulations.

The General Paymaster of the Armed Forces must guarantee his responsibility in accordance with the Law.

In order to facilitate the fulfillment of the constitutional mission assigned to the Armed Forces, the Ministry of Finance in the Offices of Public Credit, through the State Department in the Offices of National Defense and Public Security, shall provide by advance quarterly installments to the General Paymaster's Office of the Armed Forces, the necessary funds for the execution of the budgetary programs corresponding to the branch. CHAPTER XI OF THE CHIEF ADMINISTRATIVE OFFICER OF THE COMMANDER IN CHIEF OF THE ARMED FORCES SOLE SECTION

The Chief Administrative Officer is the dependency of the Commander in Chief of the Armed Forces, which assists the latter in specific administrative activities. A Special Regulation shall regulate its organization and functions.

The Chief Administrative Officer of the Commander in Chief of the Armed Forces shall be a Senior Officer and Honduran by birth. CHAPTER XII OF THE MILITARY WELFARE INSTITUTE SOLE SECTION

The Military Welfare Institute is the dependency with legal personality, functional autonomy and its own assets, whose primary mission is the protection, welfare and social security of members of the Armed Forces affiliated to it. It shall be governed by its own Law and Regulations.

The Board of Directors is the superior body of the Military Welfare Institute, which shall be composed of the Commander in Chief of the Armed Forces, who shall preside over it, the Chief of the Joint General Staff, the Secretary of State in the Ministry of National Defense and Public Security, the Inspector General of the Armed Forces, the General Commanders of the Forces, or their legal substitutes. Additionally, it shall be composed of a principal representative and an alternate representative of retired officers, who shall be appointed by the Board of Directors at the proposal of the Management.

The executive body of the Military Welfare Institute is the Management, which shall be headed by a Senior Officer and Honduran by birth. He shall be appointed by the Commander in Chief of the Armed Forces, at the proposal of the Board of Directors. CHAPTER XIII OF THE MILITARY INDUSTRY SOLE SECTION

The Military Industry is the dependency intended to satisfy the demand for materials and equipment of the Armed Forces for National Defense and to cooperate in the industrial development of the country. It shall be governed by its Internal Regulation.

The Military Industry shall be under the command of a Senior Officer of the Arms, Corps or Services and shall be Honduran by birth. His position shall be called General Manager. CHAPTER XIV OF THE PUBLIC RELATIONS, PROTOCOL AND CEREMONIAL AND HISTORY DIRECTORATE SOLE SECTION

The Public Relations Directorate of the Armed Forces is the dependency whose primary mission is to serve as the official communication body between the Armed Forces and the general citizenry, through its own means or other existing means. It shall be governed by its Internal Regulation.

The Public Relations Directorate shall be under the command of a Senior Officer, his position shall be called Director of Public Relations of the Armed Forces and shall be Honduran by birth.

The Protocol and Ceremonial Directorate of the Armed Forces is the dependency whose primary mission is to plan, coordinate and supervise all protocol and ceremonial acts carried out by the Armed Forces. It shall be governed by the respective Regulation. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

The Protocol and Ceremonial Directorate shall be under the command of a Senior Officer, his position shall be called Director of Protocol and Ceremonial and shall be Honduran by birth. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

The History Directorate of the Armed Forces is the dependency whose primary mission is to plan, coordinate, supervise and execute actions aimed at rescuing, preserving and disseminating the cultural and historical heritage of the Armed Forces. It shall be governed by the respective regulation. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

The History Directorate shall be headed by a Senior Officer, his position shall be called Director of History and shall be Honduran by birth. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex. CHAPTER XV OF THE MILITARY ENLISTMENT DIRECTORATE SOLE SECTION

The Military Enlistment Directorate shall be under the command of a Senior Officer and shall be called Director of Military Enlistment and shall be Honduran by birth.

The Military Enlistment Directorate, belonging to the Joint General Staff, has the responsibility to carry out the Military Service enlistment process; as well as the registration, control and organization of military reserves. It shall be governed by what is established in this Law, the Military Service Law and in the respective regulations. CHAPTER XVI OF THE SUPERIOR COUNCIL OF THE ARMED FORCES SECTION I OF GENERAL PROVISIONS

The Superior Council of the Armed Forces is the consulting body on all matters related to the armed institution. It shall act as a decision-making body in matters of its competence and as a Superior Court of the Armed Forces in matters submitted to its jurisdiction.

The Superior Council of the Armed Forces shall be presided over by the Commander in Chief of the Armed Forces and in case of his absence, by the Chief of the Joint General Staff. A member of the same shall act as secretary.

The Superior Council of the Armed Forces shall have its headquarters in the capital of the Republic, and may meet in any place in the country when circumstances so require.

The Superior Council of the Armed Forces shall be composed of:

• a)

  The Commander in Chief of the Armed Forces;

• b)

  The Chief of the Joint General Staff;

• c)

  The Secretary of State in the Offices of National Defense and Public Security;

• d)

  The Inspector General of the Armed Forces;

• e)

  The Deputy Chief of the Joint General Staff;

• f)

  The Commanders General of Force;

• g)

  The Chiefs of General Staff of the Forces;

• h)

  The Inspectors General of the Forces;

• i)

  The Commanders of Units at the Brigade level;

• j)

  The Commander of the Command of Logistics Support of the Armed Forces;

• k)

  The Director of the National Defense College; and,

• l)

  The Commander of the Communications Corps of the Armed Forces. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its relevant part states:

The Superior Council of the Armed Forces shall be composed of:

• a)

  Commander in Chief of the Armed Forces;

• b)

  Chief of the Joint General Staff;

• c)

  Secretary of State in the Offices of National Defense and Public Security;

• d)

  Inspector General of the Armed Forces;

• e)

  Auditor General of the Armed Forces;

• f)

  General Paymaster of the Armed Forces;

• g)

  Commander CALFFA;

• h)

  Director of the National Defense College;

• i)

  Commanders General of the Force;

• j)

  Chiefs of General Staff of Force;

• k)

  Brigade Commanders;

• l)

  Battalion Commanders or equivalent;

• ll)

  Directors of Centers of Higher Studies, training, and Officer formation;

• m)

  Commanders of Air and Naval Bases; and,

• n)

  Commander of the Communications Corps of the Armed Forces.

The Superior Council of the Armed Forces shall meet in ordinary sessions four times per year, prior to convocation.

The Superior Council of the Armed Forces, in order to hold its ordinary sessions, shall be convoked by its President.

The Superior Council of the Armed Forces shall be convoked by the Commander in Chief of the same to hold extraordinary sessions in any of the following cases:

• a)

  At the request of the President of the Republic, in his capacity as Commander General of the Armed Forces;

• b)

  When the Commander in Chief of the Armed Forces deems it convenient due to special circumstances; and,

• c)

  At the written request submitted to the President of the Superior Council of the Armed Forces through its Secretary, and signed by one third of its members.

The Superior Council of the Armed Forces shall be governed by its Internal Regulations.

In order for the Superior Council of the Armed Forces to hold ordinary and extraordinary sessions, the presence of at least two thirds of its members is required.

The titular members of the Superior Council of the Armed Forces shall be replaced in case of absence by their legal alternates.

The recommendations and resolutions of the Superior Council of the Armed Forces shall be adopted by the favorable vote of the majority of its members. In case of a tie, the President of said Council shall have a tiebreaking vote.

Resolutions legally adopted by the Superior Council of the Armed Forces in matters of its competence as a decision-making body or as a Superior Court shall be complied with and no appeal shall be admitted. SECTION II OF THE POWERS AND DUTIES

The powers and duties of the Superior Council of the Armed Forces are:

• a)

  To know the general guidelines of the National Defense plans;

• b)

  To establish objectives for the development of the Forces and evaluate the process of their execution;

• c)

  To propose to the National Congress the slate of candidates for the election of the Commander in Chief of the Armed Forces;

• d)

  To propose, within fifteen days following the definitive absence of the Commander in Chief of the Armed Forces, the slate of candidates so that the National Congress may elect whoever is to fill the vacancy for the remainder of the period for which he was elected;

• e)

  To know and recommend the draft Budget of the National Defense and Public Security Branch;

• f)

  To appoint commissions composed of Officers or duly qualified Civilians for the study of specific matters and of interest to the Armed Forces;

• g)

  To convoke Officers to sessions and invite civilian persons to know matters of interest to the Armed Forces related to the activity or position that they perform; and,

• h)

  To know the national plans for socio-economic development. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its relevant part states:

The powers and duties of the Superior Council of the Armed Forces are:

• a)

  To know the general guidelines of the National Defense plans;

• b)

  To establish objectives for the development of the Forces and evaluate the process of their execution;

• c)

  To propose to the National Congress the slate of candidates for the election of the Commander in Chief of the Armed Forces;

• d)

  To propose, within fifteen days following the definitive absence of the Commander in Chief of the Armed Forces, the slate of candidates so that the National Congress may elect whoever is to fill the vacancy for the remainder of the period for which he was elected;

• e)

  To know and recommend the draft Budget of the National Defense and Public Security Branch;

• f)

  To appoint commissions composed of Officers or duly qualified civilians for the study of specific matters and of interest to the Armed Forces;

• g)

  To call Officers and invite qualified civilian personnel to know or require information on matters of interest to the Armed Forces;

• h)

  To know the national plans for socio-economic development; and,

• i)

  Other powers to be assigned by Regulation. CHAPTER XVII OF THE SECRETARY OF STATE IN THE OFFICES OF NATIONAL DEFENSE AND PUBLIC SECURITY SECTION I OF GENERAL PROVISIONS

The Secretary of State in the Offices of National Defense and Public Security, in addition to the functions that legally correspond to it, shall also perform the duties of an administrative body of the Armed Forces, and shall exercise its functions in accordance with the Constitution of the Republic, this Law, and other applicable legal norms.

The Secretary of State in the Offices of National Defense and Public Security shall be appointed freely by the President of the Republic, and must meet the requirements established in the Constitution of the Republic. The Under-Secretary of State in the Offices of National Defense and Public Security shall meet equal requirements. (*)

(*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex, and which in its operative part states:

The Secretary of State in the Offices of National Defense and Public Security shall be appointed freely by the President of the Republic, and must meet the requirements established in the Constitution of the Republic. The Under-Secretary of State in the Offices of National Defense and Public Security shall meet equal requirements. SECTION II OF ATTRIBUTIONS

The attributions of the Secretary of State in the Offices of National Defense and Public Security are:

• a)

  To countersign the decrees, regulations, agreements, orders and measures issued by the General Commander of the Armed Forces;

• b)

  To countersign all agreements issued by the Commander in Chief of the Armed Forces;

• c)

  To countersign the orders and administrative instructions issued by the Commander in Chief of the Armed Forces;

• ch)

  To present to the Executive Branch for discussion and approval the draft budgets and general application regulations, and to the National Congress, with prior authorization from the President of the Republic, the bills that it deems appropriate;

• d)

  To authorize, regulate and control the production, importation, exportation, storage, transfer, lending, transportation, purchase, sale, registration of inscription, and carrying of arms, ammunition, explosives and other similar implements of non-military use, as ordered by the Commander in Chief of the Armed Forces;

• e)

  To present annually to the Legislative Branch, within the first fifteen days of its installation, a report of the work carried out by the Armed Forces; and,

• f)

  The others designated by the laws. CHAPTER XVIII OF THE ARMY SECTION I

  OF THE GENERALITIES

The Army is the Force that contributes to the fulfillment of the constitutional mission assigned to the Armed Forces, primarily in the terrestrial space. It shall be governed by its regulations and other laws.

The command of the Army corresponds to the Commander in Chief of the Armed Forces. (*) (*) Suppressed by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex. SECTION II OF THE CONSTITUTION

The Army is composed of Officers, Non-Commissioned Officers, Officer Cadets, Soldiers, and auxiliary personnel, organized in Arms and services, as well as by weapons, equipment, materials and other movable and immovable property registered in its property and inventory books.

The Arms of the Army are:

• a)

  Infantry;

• b)

  Cavalry;

• c)

  Artillery;

• ch)

  Combat Engineering; and, d) Communications.

The Services of the Army are: a) Logistic; and, b) Administrative. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex, and which in its operative part states:

The Services of the Army are: a) Logistic; and, b) Personnel. SECTION III OF ORGANIZATION

For the fulfillment of its mission, the Army shall be organized in:

• a)

  General Command of the Army;

• b)

  General Staff of the Army;

• c)

  General Inspectorate of the Army;

• ch)

  Centers of Military Studies of the Army;

• d)

  Combat Units;

• e)

  Combat Support Units; and,

• f)

  Combat Service Support Units.

The General Command is the highest level of the Army, from which the General Commander exercises his functions in accordance with this Law, other applicable laws and regulations. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex, and which in its operative part states:

The General Command is the highest level of the Army, from which the General Commander exercises his functions in accordance with this Law, other applicable Laws and Regulations. It shall be under the command of a General or Senior Officer of the Arms, in active service. His position shall be denominated General Commander of the Army.

The General Staff of the Army is the advisory, planning, coordination and supervision body thereof. It shall be governed by its Internal Regulation.

The General Inspectorate is an organ of the General Command of the Army, which supervises the activities of the subordinate commands, regarding organization, personnel strength, instruction, discipline and other specific aspects that the Force Commander may designate. It shall be governed by its Internal Regulation.

Centers of Military Studies of the Army are considered those dedicated to the teaching of military knowledge in the different Arms and Services that compose the Army, divided into: a) Training Schools; and, b) Capacity-Building Schools.

The following are considered Training Schools:

• a)

  The Military School "General Francisco Morazán";

• b)

  The Non-Commissioned Officers School; and,

• c)

  Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

The following are considered Training Schools of the Army:

• a)

  The Military Academy;

• b)

  The Non-Commissioned Officers School; and,

• c)

  Others that may be established.

The following are considered Schools of Instruction:

• a)

  School of Application for Officers;

• b)

  School of Training of the Arms;

• c)

  Technical School of the Armed Forces;

• ch)

  School of Special Training;

• d)

  School of Application for Non-Commissioned Officers; and,

• e)

  Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

The following are considered Schools of Instruction: a)....; b....; c) Technical School of the Army; ch)....; d)....; and, e)....

Combat Units include:

• a)

  Infantry Units;

• b)

  Cavalry Units, constituted by:

  • 1)

    Mounted;

  • 2)

    Armored; and, 3) Aerial.

• c)

  Special Forces Units.

Combat Support Units include:

• a)

  Artillery Units, constituted by: 1) Field Artillery; and, 2) Anti-Aircraft.

• b)

  Combat Engineering Units; and,

• c)

  Communications Units. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

Combat Support Units include:

• a)

  .....; 1) .....; and, 2) .....

• b)

  Engineering Units; and,

• c)

  .....

Combat Service Support Units include: a) Logistic Service: 1) Engineering; 2) Transportation; 3) Medical; 4) Veterinary; 5) Supply; 6) War Materiel; and, 7) Others. b) Administrative Services:

• 1)

  Administration;

• 2)

  Military Justice;

• 3)

  Military Police;

• 4)

  Adjutancy General;

• 5)

  Music;

• 6)

  Chaplaincy;

• 7)

  Security and Intelligence; and, 8) Others. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

Combat Service Support Units include: a) Logistic Service: 1) Transportation; 2) Medical; 3) Veterinary; 4) Supply; 5) War Materiel; and, 6) Others. b) Personnel Services:

• 1)

  Administration;

• 2)

  Military Justice;

• 3)

  Military Police;

• 4)

  Military Adjutancy;

• 5)

  Music;

• 6)

  Chaplaincy; and, 7) Others. CHAPTER XIX OF THE AIR FORCE SECTION I OF GENERAL PROVISIONS

The Air Force contributes to the fulfillment of the constitutional mission assigned to the Armed Forces, principally in national airspace. It shall be governed by this Law and its regulations.

The Command of the Air Force shall be in charge of a General or Senior Officer, with the rank of Colonel in the Branch, military pilot aviator. His position shall be denominated Commander General of the Air Force and must be Honduran by birth.

The Air Force shall have jurisdiction over national airspace, airstrips, airports, air facilities, military air bases and commands. In case of international war or national emergency and for reasons of security, all airstrips, airports and air facilities of the Republic shall be under the control and supervision of the Air Force.

The Air Force is constituted by Officers, Non-Commissioned Officers, Cadet Pilots, Troops, Auxiliary Personnel, organized in branches and services as well as by armaments, equipment, materials and other movable and immovable property, registered in its property books and inventories. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

The Air Force is constituted by Officers, Non-Commissioned Officers, Cadet Pilots, Technical Students, Technicians, Troops, Auxiliary Personnel, organized in Branches and Services, as well as by Armaments, equipment, materials and other movable and immovable property, registered in its property books and inventory.

Branches of the Air Force include: a) Aviation; and, b) Communications.

The Services of the Air Force are: a) Logistics; and, b) Administrative. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in the relevant part states:

The Services of the Air Force are: a) Logistics; and, b) Personnel. SECTION III OF THE ORGANIZATION

For the fulfillment of its mission and the exercise of Command, the hierarchical organization of the Air Force shall be as follows:

• a)

  General Command of the Air Force;

• b)

  General Aeronautical General Staff;

• c)

  General Air Inspectorate;

• ch)

  Center of Aeronautical Studies;

• d)

  Commands of Air Bases, and,

• e)

  Air Security Corps. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in the relevant part states:

For the fulfillment of its mission and the exercise of Command, the hierarchical organization of the Air Force shall be as follows:

• a)

  General Command of the Air Force;

• b)

  General Aeronautical General Staff;

• c)

  Air Force Inspectorate;

• ch)

  Centers of Aeronautical Studies; and,

• d)

  Command of Air Bases.

The General Command is the highest level of Command of the Air Force, from which the Commander exercises his functions in accordance with this Law, its regulations, and other applicable laws.

The General Aeronautical General Staff is the body responsible for advisory, planning, coordination, and supervision of the force. It shall be governed by its Internal Regulations.

The General Air Inspectorate is the body of the General Command of the Air Force, which supervises the activities of the subordinate Commands, with respect to organization, personnel, training, discipline, morale, armament and equipment, security of installations, and other specific matters that the Commander of the Air Force may designate.

Centers of Aeronautical Studies are considered those dedicated to teaching knowledge in the discipline of aviation in all its fields, and are divided into: a) Schools of Formation; and, b) Schools of Training.

Schools of Formation are considered: a) Military Aviation School "Captain Roberto Barahona"; and, b) Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in the relevant part states:

Schools of Formation are considered: a) Military Aviation Academy; and, b) Others that may be established.

Schools of Training are considered: a) Technical Specialization School "Colonel Gustavo Zerón Cruz"; and, b) Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in the relevant part states:

Schools of Training are considered:

• a)

  Training School for Officers;

• b)

  Training Schools for Non-Commissioned Officers;

• c)

  Technical Specialization School; and, ch) Others that may be established.

Air Bases are considered those subordinate Commands that have the responsibility for executing the directives, instructions, and orders issued by the General Command, with respect to the mission corresponding to the Air Force. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in the relevant part states:

Air Bases are considered those subordinate Commands that have the responsibility to administer, organize, and execute the directives, instructions, and orders issued by the General Command, with respect to the mission corresponding to the Air Force.

Air Base Commands comprise:

• a)

  Combat Units;

• b)

  Combat Support Units; and,

• c)

  Combat Support Services Units.

Combat Units are the following:

• a)

  Electronic Warfare Units;

• b)

  Fighter Units;

• c)

  Bombing Units; and, ch) Helicopter Units.

Combat Support Units are the following:

• a)

  Reconnaissance Units;

• b)

  Advanced Air Control Units;

• c)

  Air Defense Units;

• ch)

  Air Transport Units;

• d)

  Air Base Security Units; and,

• e)

  Meteorology Units. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the complete text of which appears at the end as an annex, and which in the relevant part states:

Combat Support Units are the following:

• a)

  .....;

• b)

  .....;

• c)

  .....;

• ch)

  .....;

• d)

  Installation Security Units; and, e).....

Combat Support Services Units are the following: a) Logistic Services: 1) Engineering; 2) Land Transport; 3) Medical; 4) Supply; 5) War Material; and, 6) Others. b) Administrative Services:

• 1)

  Aeronautics;

• 2)

  Administration;

• 3)

  Military Justice;

• 4)

  General Adjutancy;

• 5)

  Chaplaincy;

• 6)

  Music; and,

• 7)

  Others. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the complete text of which appears at the end as an annex, and which in the relevant part states:

Combat Support Services Units are the following: a) Logistic Services: 1) Engineering; 2) Land Transport; 3) Medical; 4) Supply; 5) War Material; and, 6) Others. b) Personnel Services:

• 1)

  Aeronautics;

• 2)

  Administration;

• 3)

  Military Justice;

• 4)

  General Adjutancy;

• 5)

  Chaplaincy;

• 6)

  Music; and,

• 7)

  Others.

A Command responsible for exercising the functions of internal security of the bases and teaching centers of the Air Force is considered an Air Security Corps. A Special Regulation shall govern its organization and functioning. CHAPTER XX OF THE NAVAL FORCE SECTION I OF GENERAL PROVISIONS

The Naval Force contributes to the fulfillment of the constitutional mission assigned to the Armed Forces, principally in maritime, river and lake space, maintaining the security of the coasts and maritime borders and preserving the resources of the sea in territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf. It shall be governed by its Internal Regulation and other applicable legal provisions.

The Command of the Naval Force shall be in charge of an Admiral Officer or Senior Officer with the Rank of Ship Captain of the General Corps. His position shall be called Commander General of the Naval Force and must be a Honduran by birth.

The Naval Force shall have jurisdiction over naval districts and bases, as well as over waters, islands, islets, cays and national maritime port zones.

It is the responsibility of the Naval Force to supervise, coordinate and regulate maritime transport and the Merchant Marine of Honduras, exercising these functions in accordance with the respective laws. SECTION II OF THE CONSTITUTION

The Naval Force is constituted by Officers, Non-Commissioned Officers, Naval Cadets, Technicians, Sailors, Marines and Auxiliary Personnel, organized in Corps and Services, as well as by ships, weapons, equipment, materials and other movable and immovable property registered in its property books and inventories. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the complete text of which appears at the end as an annex, and which in the relevant part states:

The Naval Force is constituted by Officers, Non-Commissioned Officers, Naval Cadet Gentlemen, Technical Students, Technicians, Petty Officers, Sailors, Marines and Auxiliary Personnel, organized in corps and services, as well as by ships, weapons, equipment, materials and other movable and immovable property registered in its property books and inventories.

The Corps of the Naval Force are the following:

• a)

  General Corps;

• b)

  Engineering Corps;

• c)

  Marine Infantry Corps; and, ch) Naval Communications Corps. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the complete text of which appears at the end as an annex, and which in the relevant part states:

The Corps of the Naval Force are the following:

• a)

  General Corps;

• b)

  Naval Engineering Corps;

• c)

  Naval Communications Corps;

• ch)

  Naval Artillery Corps;

• d)

  Naval Aviation Corps;

• e)

  Seamanship Corps; and,

• f)

  Marine Infantry Corps.

The Services of the Naval Force are the following: a) Logistic Services; and, b) Administrative Services. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the complete text of which appears at the end as an annex, and which in the relevant part states:

The Services of the Naval Force are:

• a)

  Logistics Services;

• b)

  Personnel Services; and,

• c)

  Specialized Services. SECTION III ON ORGANIZATION

For the fulfillment of its mission, the Naval Force is organized into:

• a)

  General Command;

• b)

  General Naval Staff;

• c)

  General Naval Inspectorate;

• ch)

  Naval Study Centers; and,

• d)

  Naval Base Commands. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its relevant part states:

For the fulfillment of its mission, the Naval Force is organized into:

• a)

  General Command;

• b)

  General Naval Staff;

• c)

  Naval Force Inspectorate;

• ch)

  Naval Study Centers;

• d)

  Naval Base Commands;

• e)

  Superintendence of the Merchant Marine;

• f)

  Combat Units;

• g)

  Combat Support Units; and,

• h)

  Combat Service Support Units.

The General Command is the highest level of Command of the Naval Force, from which the General Commander exercises his functions in accordance with this Law, other applicable laws and regulations.

The General Naval Inspectorate is the body of the General Command of the Naval Force, which supervises the activities of subordinate commands with respect to organization, personnel, instruction, discipline, morale, weaponry and equipment, security of facilities and other specific aspects designated by the Commander of the Naval Force.

The General Naval Inspectorate is the body of the General Command of the Naval Force, which supervises the activities of subordinate commands with respect to organization, personnel, instruction, discipline, morale, weaponry and equipment, security of facilities and other specific aspects designated by the Commander of the Naval Force.

Naval Study Centers are considered those dedicated to the teaching of naval discipline knowledge in all its fields, and are divided into: a) Training Schools; and, b) Capacity Building Schools.

Training Schools are considered: a) The Naval Academy; and, b) The School of Apprentice Sailors.

Capacity Building Schools are considered:

• a)

  Naval Technical School;

• b)

  Military Diving School; and,

• c)

  Others that may be established.

Naval Base Commands are considered those subordinate commands that are responsible for the execution of the directives, instructions and orders emanating from the General Command, with respect to the mission corresponding to the Naval Force.

Naval Base Commands comprise:

• a)

  Combat Units;

• b)

  Combat Support Units; and,

• c)

  Combat Service Support Units.

The Superintendence of the Merchant Marine is the body of the Naval Force, which controls, executes, administers and supervises everything related to the Merchant Marine, and is governed by applicable laws, regulations and Treaties. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex.

Combat Units are:

• a)

  Patrol Gunboat Units;

• b)

  Anti-Submarine and Escort Units;

• c)

  Mine Warfare Units;

• ch)

  Submarine Units;

• d)

  Light Patrol Units; and,

• e)

  Marine Infantry Units. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its relevant part states:

Combat Units are:

• a)

  Gunboat and Missile Units;

• b)

  Anti-Submarine and Escort Units;

• c)

  Mine Warfare Units;

• ch)

  Submarine Units;

• d)

  Patrol Units; and,

• e)

  Marine Infantry Units.

Combat Support Units are:

• a)

  Amphibious Landing Units;

• b)

  Communications, Command and Control Units;

• c)

  Engineering and Combat Units;

• ch)

  Search and Rescue Units; and,

• d)

  Intelligence Reconnaissance Units. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its relevant part states:

Combat Support Units are the following:

• a)

  Amphibious Landing Units;

• b)

  Reconnaissance and Intelligence Units;

• c)

  Communications, Command and Control Units;

• d)

  Combat Engineering Units; and,

• e)

  Artillery Units Composed of: 1) Coastal Artillery; and, 2) Anti-aircraft Artillery.

Combat Service Support Units are the following: a) Logistic Service, which comprises: 1) Engineering; 2) Transportation; 3) Supply; 4) War Material; and, 5) Medical Services. b) Administrative Services which comprise:

• 1)

  Meteorology;

• 2)

  Administration;

• 3)

  Hydrography;

• 4)

  Legal Services;

• 5)

  Navigation Aids;

• 6)

  Adjutancy;

• 7)

  Merchant Marine;

• 8)

  Music;

• 9)

  Chaplaincy; and, 10) Others. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

Combat Service Support Units are the following: a) Logistic Services which comprise: 1) Supply; 2) Medical Services; 3) Transportation; 4) Engineering; and, 5) Supply Administration. b) Personnel Services, which comprise:

• 1)

  Supply;

• 2)

  Legal Services;

• 3)

  Adjutancy;

• 4)

  Music;

• 5)

  Chaplaincy; and, 6) Others. c) Specialized Services, which comprise:

  • 1)

    Meteorology;

  • 2)

    Hydrography;

  • 3)

    Oceanography;

  • 4)

    Navigation Aids; and,

  • 5)

    Others. CHAPTER XXI OF THE PUBLIC SECURITY FORCE SECTION I OF GENERAL PROVISIONS

The Public Security Force is that which contributes to the fulfillment of the constitutional mission assigned to the Armed Forces, mainly in the preservation of public order, protection of persons and property, and execution of resolutions, mandates and dispositions emanated from competent authority. It shall be governed by the provisions of this Law and its corresponding regulations.

The Command of the Public Security Force shall be in charge of a General or Senior Officer with the Rank of Colonel of the Police Corps. His position shall be denominated Commander General of the Public Security Force and must be a Honduran by birth. SECTION II OF THE CONSTITUTION

The Public Security Force is constituted by Officers, Non-commissioned Officers, Cadet Gentlemen, Agents and Auxiliary Personnel, organized in Corps and Services, as well as by armament, equipment, materials and other personal and real property, registered in its property and inventory books. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its pertinent part states:

The Public Security Force is constituted by Officers, Non-commissioned Officers, Cadet Gentlemen, Technical Students, Agents and Auxiliary Personnel, organized in Corps and Services, as well as by armament, equipment, materials and other personal and real property, registered in the books of its property and inventory.

The following are corps of the Public Security Force:

• a)

  Order and Security Police;

• b)

  Finance Police;

• c)

  Traffic Police;

• d)

  National Investigation Police;

• e)

  Special Services Police;

• f)

  Rural Police;

• g)

  Auxiliary Female Police;

• h)

  Communications; and,

• i)

  Others that may be established.

The following are services of the Public Security Force: a) Logistic Services which comprise:

• 1)

  Engineering;

• 2)

  Transportation;

• 3)

  Medical Services;

• 4)

  Veterinary;

• 5)

  Supply Administration;

• 6)

  War Material;

• 7)

  Others that may be established. b) Administrative Services which comprise:

  • 1)

    Administration;

  • 2)

    Legal Services;

  • 3)

    Military Police;

  • 4)

    Adjutancy;

  • 5)

    Music;

  • 6)

    Chaplaincy;

  • 7)

    Security and Intelligence; and, 8) Others that may be established.

The following are services of the Public Security Force: a) Logistic Services, which comprise:

• 1)

  Engineering;

• 2)

  Transportation;

• 3)

  Medical Services;

• 4)

  Veterinary;

• 5)

  Supply Administration;

• 6)

  War Material; and, 7) Others that may be established. b) Personnel Services, which comprise:

  • 1)

    Administration;

  • 2)

    Legal Services;

  • 3)

    Military Police;

  • 4)

    Adjutancy;

  • 5)

    Music;

  • 6)

    Chaplaincy; and 7) Others that may be established. SECTION III OF THE ORGANIZATION

For the fulfillment of its mission, the Public Security Force shall be organized into:

• a)

  General Command of the Public Security Force;

• b)

  General Staff of the Public Security Force;

• c)

  Inspector General of the Public Security Force;

• d)

  Police Training Centers; and,

• e)

  Police Corps.

The General Command is the highest command level of the Public Security Force, from which the Commander General exercises his functions in accordance with this Law, other applicable laws and regulations.

The General Staff of the Public Security Force is the advisory, planning, coordination and supervision body of the Public Security Force. It shall be governed by its Internal Regulations.

The Inspector General of the Public Security Force is the body of the General Command that shall supervise the activities of subordinate commands with respect to organization, personnel, training, discipline, morale, armament, equipment, security of installations and other aspects designated by the Commander of the Public Security Force.

Police Training Centers are considered those dedicated to the teaching of knowledge of the police discipline in all its fields and are divided into: a) Training Schools; and, b) Professional Development Schools.

The following are considered Training Schools: a) The National Police School "General José Trinidad Cabañas"; and, b) Others that may be established.

The following are considered Training Institutions: a) Police Instruction School "Captain General José Santos Guardiola"; and, b) Others that may be established.

Police Bodies are considered those subordinate Commands that are in charge of executing the directives, instructions and orders emanating from the General Command regarding the mission corresponding to the Public Security Force. CHAPTER XXII OF THE SPECIAL COMMANDS OF THE ARMED FORCES

SECTION I OF GENERAL PROVISIONS

Special Commands are considered those units created for the purpose of providing the Armed Forces with special services.

The following are special commands of the Armed Forces:

• a)

  Territorial Forces Bodies;

• b)

  Special Forces Command;

• c)

  Military Police Bodies;

• ch)

  Logistics Support Command; and,

• d)

  Others that may be established. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its relevant part states:

The following are Special Commands of the Armed Forces:

• a)

  Logistics Support Command;

• b)

  Armed Forces Communications Body; and,

• c)

  Others that may be established. SECTION II OF THE TERRITORIAL FORCES BODY

The Territorial Forces Body is the unit in charge of guaranteeing territorial control, air security and vital installations, as well as complementing public order functions in necessary cases. Its units, according to the situation, shall function under operational control of the respective Military Region Commander. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex.

The Commander of the Territorial Forces Body of the Armed Forces shall be a Senior Officer of the Arms and Honduran by birth. He shall be subordinate to the Commander in Chief of the Armed Forces. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text

appears at the end as an annex. SECTION III OF THE SPECIAL FORCES COMMAND

The Special Forces Command is a grouping of units in charge of carrying out special missions for which special skills, abilities and technical training are required. It shall receive specific orders from the Commander in Chief of the Armed Forces. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex.

The Commander of the Special Forces Command of the Armed Forces shall be a Senior Officer of the Arms and Honduran by birth. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex. SECTION IV OF THE MILITARY POLICE BODY

The Military Police Body is the unit of the Armed Forces in charge of enforcing the norms and provisions relating to discipline, law and order, as well as other functions that may be assigned to it by the Commander in Chief of the Armed Forces. It shall be governed by its Internal Regulations. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex.

The Commander of the Military Police Body of the Armed Forces shall be a Senior Officer of the Arms. His position shall be denominated Provost General and must be Honduran by birth. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex. SECTION V OF THE LOGISTICS SUPPORT COMMAND

The Logistics Support Command is the unit of the Armed Forces whose purpose is to satisfy the needs of acquisition, storage, supply, transportation, maintenance, repair, collection and disposal of weapons, materials and equipment of the Armed Forces.

The Commander of the Logistics Support Command of the Armed Forces shall be a senior officer with the rank of Colonel. He shall be subordinate to the Commander in Chief of the Armed Forces and must be Honduran by birth. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its relevant part states:

The Commander of the Logistics Support Command of the Armed Forces shall be a General or Senior Officer or equivalent. He shall be subordinate to the Commander in Chief of the Armed Forces and must be Honduran by birth. TITLE IV OF TERRITORIAL DIVISION SINGLE CHAPTER OF JURISDICTION

For the exercise of Command, the fulfillment of the mission and in accordance with military needs, the national territory shall be divided into:

• a)

  Military Regions, for the Army;

• b)

  Police Regions, for the Public Security Force;

• c)

  Air Bases, for the Air Force; and,

• d)

  Naval Bases, for the Naval Force. Their number and jurisdiction shall be determined by the Commander in Chief of the Armed Forces. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its pertinent part states:

For the exercise of Command, the fulfillment of the mission and in accordance with military needs, the national territory shall be divided into Regions and Bases, as follows:

• a)

  Military Regions, for the Army;

• b)

  Police Regions, for the Public Security Force;

• c)

  Air Bases, for the Air Force; and,

• d)

  Naval Bases, for the Naval Force.

  Their number and jurisdiction shall be determined by the Commander in Chief of the Armed Forces.

The Territorial Division has as its purpose:

• a)

  To establish greater control and a convenient distribution of the Armed Forces and their means, for the purposes of national defense and security, the conservation of peace and public order;

• b)

  To facilitate the tactical-strategic study of the area of each Region;

• c)

  To geographically delimit the area of responsibility of the different commands; and,

• d)

  To establish the territorial jurisdiction of the Military Justice courts.

For greater efficiency of the commands, the military regions may be divided into Districts and Sections; and the Regions of the Public Security Force, into Delegations and Sub-Delegations.

In time of war, the national territory becomes a Theater of War, which is divided into an interior zone and one or more operational theaters.

In case of national emergency or when circumstances warrant it, the Commander in Chief of the Armed Forces may order the creation of Independent Territorial Commands. TITLE V OF COMMAND UNIQUE CHAPTER OF AUTHORITY AND POWERS

Command is the authority vested in every military member, regardless of their rank, for the exercise of the legal and regulatory powers that correspond to them.

Every military member with Command is responsible for ensuring that personnel, weapons, equipment, installations and means under their Command are used for the specific purposes of service and for the other purposes established by the Constitution of the Republic, this Law and other applicable provisions.

The Command of Combat Units and Combat Support Units corresponds exclusively to Officers of the Combat Arms, and that of Combat Service Support Units corresponds to Officers of the Services. In special circumstances, Officers of the Combat Arms may exercise Command in Service Units. (*)

(*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its pertinent part states:

The Command of Combat Units and Combat Support Units corresponds exclusively to Officers of the Combat Arms or their equivalent, and that of Combat Service Support Units corresponds to Officers of the Services. In special circumstances, Officers of the Combat Arms or their equivalent may exercise Command of the Service Units.

For the exercise of Command and the determination of responsibilities in the performance of any position, every Officer shall be appointed by Agreement of the Commander in Chief of the Armed Forces, issued through the State Secretary in charge of the Offices of National Defense and Public Security. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its pertinent part states:

For the exercise of command and the determination of responsibilities in the performance of any position, every officer shall be appointed at the request of the respective Commander in Chief of the Armed Forces, issued through the State Secretary in charge of the Offices of National Defense and Public Security.

No Officer may perform Command functions in two or more units or dependencies simultaneously, except in those cases where due to special circumstances and on a temporary basis the Commander in Chief of the Armed Forces considers it necessary. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its pertinent part states:

No Officer may perform Command functions in two or more Units, organizations or dependencies simultaneously.

The Command of Units at the Brigade level or its equivalent shall be exercised by a General or Senior Officer with the rank of Colonel of the Combat Arms, Honduran by birth. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its pertinent part states:

The Command of Units at the level of Brigade or its equivalent shall be exercised by a General or Senior Officer with the rank of Colonel of the Armed Forces or its equivalent and shall be Honduran by birth.

The Command of Units at the level of Battalion or its equivalent shall be exercised by a Senior Officer of the Armed Forces, Honduran by birth. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its relevant part states:

The Command of Units at battalion level, Air Base, Naval Base or its equivalent, shall be exercised by a Senior Officer of the Armed Forces with the rank of Colonel or Lieutenant Colonel and shall be Honduran by birth. In the absence of officers with the latter rank, said position shall be occupied temporarily by an officer with the rank of Major or its equivalent.

The Officer appointed Commander of a Military Region is the highest authority in his jurisdiction; consequently, all military units and offices located therein shall be subordinate to him, with the exception of those which by express disposition of the Commander in Chief of the Armed Forces, are placed under another command.

The Command of Auxiliary Officers shall be limited to the assigned function. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its relevant part states:

The Command of Auxiliary Officers and Non-Commissioned Officers shall be limited to the assigned function.

For the fulfillment of the exercise of Command and comprehensive knowledge of the geographical, economic, social and political characteristics of the country, Officers of the Armed Forces shall be subject to the rotating service system, which establishes permanence in each unit, organism, office or institution for a period not exceeding three years, with the exception of those cases which by disposition of the Commander in Chief of the Armed Forces, remain in a position for a longer time. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its relevant part states:

For the fulfillment of the exercise of Command and comprehensive knowledge of the geographical, economic, social and political characteristics of the country, Officers of the Armed Forces shall be subject to the rotating service system, which establishes permanence in each unit, organism, office, for a period of three years, with the exception of those cases which by disposition of the Commander in Chief of the Armed Forces, remain in a position for a longer time.

The formalities of transfer and receipt of Command of the units, organisms and offices shall take place in their respective headquarters in the presence of the Commander in Chief of the Armed Forces or his representative. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its relevant part states:

The formalities of transfer and receipt of Command of the units, organisms and offices shall take place in their respective headquarters, in the presence of

the corresponding authority.

For the appointment of the different commands or positions of the Armed Forces, the following factors shall be taken into consideration:

• a)

  Rank;

• b)

  Seniority in Rank;

• c)

  Professional capacity;

• d)

  Conduct; and, e) Services Rendered.

Every Officer shall hold the position for which he has been appointed, by corresponding agreement. TITLE VI OF THE HIERARCHICAL SCALE CHAPTER I OF GENERAL PROVISIONS

Rank is the title that expresses the category of a person in the military hierarchy.

Military ranks shall only be granted to Hondurans by birth. They are acquired by rigorous promotion and shall be granted in accordance with what is established in the applicable laws and regulations.

The rank of officer is conferred by means of the respective decree or agreement and the corresponding commission; it constitutes a personal and lifetime right, and can only be deprived of it by a final judicial sentence. The ranks in the categories of Auxiliary Officer and Non-Commissioned Officer are excepted.

Rank in the Enlisted Personnel is accredited by means of the corresponding diploma, which shall be registered in the Personnel Department of the respective Force. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

Rank in the Enlisted Personnel is accredited by means of the corresponding diploma, which shall be registered by the Personnel Department of the respective Force.

In accordance with their professional or technical training, officers of the Armed Forces shall be classified in any of the following categories, in order of precedence:

• a)

  Of the Arms or Corps;

• b)

  Of the Services; and,

• c)

  Auxiliary.

Officers of the Arms or Corps are those who are trained for the exercise of command of Combat Units, Combat Support Units, and Police Corps.

Officers of the Services are those who are trained in the different doctrines of Logistics and Administrative Services. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

Officers of the Services are those who are trained in the different doctrines of Logistics and Personnel Services.

Auxiliary Officers are those who provide their professional or technical services on a temporary basis in any of the units, organisms, or dependencies of the Armed Forces. Their appointment, rank assignment, and discharge shall be made by agreement issued by the Commander-in-Chief of the Armed Forces, prior to the opinion of the Joint General Staff.

In accordance with their training, Non-Commissioned Officers are specialists or technicians who are promoted for the purpose of providing Technical-Professional support in accordance with the needs of each Force and shall be governed by this Law and the respective Regulations. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex. CHAPTER II OF THE HIERARCHICAL SCALE

The Hierarchical Scale of the Army comprises the following categories and ranks:

• a)

  General Officers:

  • 1)

    General;

  • 2)

    Lieutenant General; and, 3) Brigadier General.

• b)

  Senior Officers: 1) Colonel; 2) Lieutenant Colonel; and, 3) Major. c) Subaltern Officers: 1) Captain; 2) Lieutenant; and, 3) Sub-Lieutenant. d) Enlisted Personnel of the Arms:

  • 1)

    Brigadier Sergeant;

  • 2)

    Master Sergeant;

  • 3)

    First Sergeant;

  • 4)

    Second Sergeant;

  • 5)

    Sergeant;

  • 6)

    First Corporal;

  • 7)

    Corporal;

  • 8)

    First Class Soldier; and, 9) Soldier. e) Enlisted Personnel of the Services:

    • 1)

      Master Technical Sergeant;

    • 2)

      First Technical Sergeant;

    • 3)

      Second Technical Sergeant;

    • 4)

      Technical Corporal; and,

    • 5)

      Specialist Soldier. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

The Hierarchical Scale of the Army comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigadier General. b) Senior Officers: 1) Colonel; 2) Lieutenant Colonel; and, 3) Major.

c) Subaltern Officers: 1) Captain; 2) Lieutenant; and, 3) Sub-Lieutenant. ch) Non-Commissioned Officers: 1) Non-Commissioned Officer 3, Master Chief; 2) Non-Commissioned Officer 2, Master Sergeant; and, 3) Non-Commissioned Officer 1, Master. d) Enlisted Personnel of the Arms:

• 1)

  Master Sergeant;

• 2)

  First Sergeant;

• 3)

  Second Sergeant;

• 4)

  Sergeant;

• 5)

  Corporal;

• 6)

  First Class Soldier; and, 7) Soldier. e) Enlisted Personnel of the Services:

  • 1)

    Master Technical Sergeant;

  • 2)

    First Technical Sergeant;

  • 3)

    Second Technical Sergeant;

  • 4)

    Technical Corporal; and,

  • 5)

    Specialist Soldier.

The Hierarchical Scale of the Air Force comprises the following categories and ranks: a) General Officers: 1) General; 2) Lieutenant General; and, 3) Brigadier General. b) Senior Officers: 1) Aviation Colonel; 2) Aviation Lieutenant Colonel; and, 3) Aviation Major. c) Subaltern Officers: 1) Aviation Captain; 2) Aviation Lieutenant; and,

3) Aviation Sub-Lieutenant. ch) Non-Commissioned Officers:

• 1)

  Master Chief Sergeant;

• 2)

  Master Sergeant Major;

• 3)

  Master Sergeant;

• 4)

  Technical Master Sergeant;

• 5)

  First Technical Sergeant;

• 6)

  Second Technical Sergeant;

• 7)

  Technical Corporal;

• 8)

  First Class Aero Technician; and, 9) Basic Aero Technician. d) Air Police Personnel:

  • 1)

    First Sergeant of Air Police;

  • 2)

    Second Sergeant of Air Police;

  • 3)

    Air Police Sergeant;

  • 4)

    Air Police Corporal;

  • 5)

    First Class Air Policeman; and,

  • 6)

    Air Policeman. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

The Hierarchical Scale of the Air Force comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigadier General. b) Senior Officers: 1) Aviation Colonel; 2) Aviation Lieutenant Colonel; and, 3) Aviation Major. c) Subaltern Officers: 1) Aviation Captain; 2) Aviation Lieutenant; and, 3) Aviation Sub-Lieutenant. ch) Non-Commissioned Officers: 1) Non-Commissioned Officer 3, Master Chief;

2) Non-Commissioned Officer 2, Master Sergeant; and, 3) Non-Commissioned Officer 1, Master. d) Ranks: 1) Technical Master Sergeant; 2) First Technical Sergeant; 3) Second Technical Sergeant; 4) Technical Corporal; 5) First Class Aero Technician; and, 6) Basic Aero Technician. e) Air Police Personnel:

• 1)

  First Sergeant of Air Police;

• 2)

  Second Sergeant of Air Police;

• 3)

  Air Police Sergeant;

• 4)

  Air Police Corporal;

• 5)

  First Class Air Policeman; and,

• 6)

  Air Policeman.

The Hierarchical Scale of the Naval Force comprises the following categories and ranks: a) Admiral Officers: 1) Admiral; 2) Vice-Admiral; and, 3) Rear-Admiral. b) Senior Officers: 1) Ship Captain; 2) Frigate Captain; and, 3) Corvette Captain. c) Subaltern Officers: 1) Ship Lieutenant; 2) Frigate Lieutenant; and, 3) Frigate Ensign. ch) Seamen Personnel of the General Corps: 1) Boatswain I; 2) Boatswain II; 3) Boatswain III; 4) Deck Corporal; and, 5) Deck Seaman.

d) Marine Infantry Personnel:

• 1)

  Brigadier Sergeant of Marine Infantry;

• 2)

  Master Sergeant of Marine Infantry;

• 3)

  First Sergeant of Marine Infantry;

• 4)

  Second Sergeant of Marine Infantry;

• 5)

  Marine Infantry Sergeant;

• 6)

  First Corporal;

• 7)

  Marine Infantry Corporal; and, 8) Marine Infantryman. e) Technical Personnel of the Services:

  • 1)

    Boatswain I;

  • 2)

    Boatswain II;

  • 3)

    Boatswain III;

  • 4)

    Specialist Corporal;

  • 5)

    Specialist Seaman; and,

  • 6)

    Apprentice Seaman. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

The Hierarchical Scale of the Naval Force comprises the following categories and ranks: a) Admiral Officers: 1) Vice-Admiral; and, 2) Rear-Admiral. b) Senior Officers: 1) Ship Captain; 2) Frigate Captain; and, 3) Corvette Ensign. c) Subaltern Officers: 1) Ship Lieutenant; 2) Frigate Lieutenant; 3) Frigate Ensign. ch) Non-Commissioned Officers: 1) Non-Commissioned Officer 3, Master Chief; 2) Non-Commissioned Officer 2, Master Sergeant; and, 3) Non-Commissioned Officer 2, Master.

d) Seamen Personnel of the General Corps: 1) Boatswain I; 2) Boatswain II; 3) Boatswain III; 4) Deck Corporal; and, 5) Deck Seaman. e) Marine Infantry Personnel:

• 1)

  Master Sergeant of Marine Infantry;

• 2)

  First Sergeant of Marine Infantry;

• 3)

  Second Sergeant of Marine Infantry;

• 4)

  Marine Infantry Sergeant;

• 5)

  First Corporal;

• 6)

  Marine Infantry Corporal; and, 7) Marine Infantryman. f) Technical Personnel of the Services:

  • 1)

    Boatswain I;

  • 2)

    Boatswain II;

  • 3)

    Boatswain III;

  • 4)

    Specialist Corporal;

  • 5)

    Specialist Seaman; and,

  • 6)

    Apprentice Seaman.

The Hierarchical Scale of the Public Security Force comprises the following categories and ranks: a) General Officers: 1) Lieutenant General; and, 2) Brigadier General. b) Senior Officers: 1) Police Colonel; 2) Police Lieutenant Colonel; and, 3) Police Major. c) Subaltern Officers: 1) Police Captain; 2) Police Lieutenant; and, 3) Police Sub-Lieutenant. ch) Enlisted Personnel of the Services:

I) Law and Order Police, Traffic Police, Treasury Police, and Female Police:

• 1)

  Master Sergeant;

• 2)

  First Technical Sergeant;

• 3)

  Second Technical Sergeant;

• 4)

  Technical Corporal;

• 5)

  Specialist Agent; and, 6) Agent. II) Investigation Police:

  • 1)

    First Inspector;

  • 2)

    Second Inspector;

  • 3)

    First Sub-Inspector;

  • 4)

    Second Sub-Inspector; and,

  • 5)

    Detective. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, the full text of which appears at the end as an annex, and which in its operative part states:

The Hierarchical Scale of the Public Security Force comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigade General. b) Senior Officers: 1) Police Colonel; 2) Police Lieutenant Colonel; and 3) Police Major. c) Subaltern Officers: 1) Police Captain; 2) Police Lieutenant; and, 3) Police Sub-Lieutenant. ch) Non-Commissioned Officers:

• 1)

  Non-Commissioned Officer 3, Chief Master;

• 2)

  Non-Commissioned Officer 2, Senior Master; and, 3) Non-Commissioned Officer 1, Master. d) Enlisted Personnel of the Services:

  I. Law and Order Police, Traffic Police, Treasury Police and Female Police. 1) Sergeant Major; 2) First Technical Sergeant;

• 3)

  Second Technical Sergeant;

• 4)

  Technical Corporal;

• 5)

  Specialist Agent; and, 6) Agent. II. Investigation Police:

  • 1)

    First Inspector;

  • 2)

    Second Inspector;

  • 3)

    First Sub-Inspector;

  • 4)

    Second Sub-Inspector; and,

  • 5)

    Detective.

The Hierarchical Scale of Auxiliary Personnel comprises the following categories and ranks: a) Auxiliary Officers:

• 1)

  Auxiliary Captain;

• 2)

  Auxiliary Lieutenant; and,

• 3)

  Auxiliary Sub-Lieutenant. b) Professionals; and, c) Specialist Technicians. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its operative part states:

The Hierarchical Scale of Auxiliary Personnel comprises the following categories and ranks: a) Auxiliary Officers:

• 1)

  Auxiliary Captain;

• 2)

  Auxiliary Lieutenant; and 3) Auxiliary Sub-Lieutenant. b) Civilian Personnel: 1) Professionals; and, 2) Specialist Technicians.

For purposes of nomenclature, the name of the corresponding Arm or Service shall be added to the rank designation, with the exception of General Officers who shall be identified by their rank. TITLE VII OF THE OFFICER SENIORITY LIST AND OFFICER STATUS CHAPTER UNIQUE OF THE SENIORITY LIST AND STATUS

The Officer Seniority List is the statistical table where the status, category, name, time of service and seniority in rank is recorded, including the number of the decrees or agreements regarding the promotions of Armed Forces officers personnel. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its operative part states:

The Officer Seniority List is the statistical table where the status, category, name, time of service and seniority in rank is recorded.

Officers of the Armed Forces may be in Active status and in Inactive status. Active status comprises Officers in Permanent condition and in Available condition.

Officers in Permanent condition are those who:

• a)

  Serve in Organic Cadres of the Units, Organisms and divisions of the Armed Forces;

• b)

  Conduct studies abroad, by order of superior command; and,

• c)

  Perform functions in Defense Attaché offices or in the different liaison offices with national and international organisms.

Officers in Available condition are those who, while in Active status, do not serve in the Organic Cadres of the Armed Forces, such as in the following cases:

• a)

  Those who perform functions in any of the State organisms by order of the High Command, with the exception of Auxiliary Officers;

• b)

  Those who are on leave for a period not exceeding one year by written authorization of the Commander in Chief of the Armed Forces;

• c)

  Those who are under criminal prosecution, until the respective condemning sentence becomes final;

• ch)

  Those who are prisoners of war; and,

• d)

  Those who are declared missing, for a period not exceeding one year. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its operative part states:

Officers in Available condition are those who, while in Active status, do not serve in the Organic Cadres of the Armed Forces, such as in the following cases:

• a)

  Those who perform functions in any of the State organisms by order of the High Command. Auxiliary Officers are excepted.

• b)

  Those who are on leave for a period not exceeding one year, by written authorization of the Commander in Chief of the Armed Forces.

• c)

  Those who are under criminal prosecution, until the respective condemning sentence becomes final;

• ch)

  Those who are prisoners of war; and,

• d)

  Those who are declared missing, for a period not exceeding one year.

Officers in Inactive status are those who are in the following condition: a) Retired; and, b) Definitive Separation.

Officers in Retirement are those in Inactive status for any of the following reasons:

• a)

  For having reached the age limit established by the respective laws;

• b)

  For having completed the time of service established;

• c)

  For having requested it after 18 years of service;

• ch)

  For disability;

• d)

  For having reached the age limit corresponding to the rank, in accordance with the Personnel Regulations; and,

• e)

  By order of the Commander in Chief of the Armed Forces, in the manner established in the Personnel Regulations. (*)

  (*) Amended by Decree Number 197-84 dated October 27, 1984 whose full text appears at the end as an annex, and which in its operative part states:

Officers in Retirement are those in Inactive status for any of the following reasons:

• a)

  For having reached the age limit established by the respective laws;

• b)

  For having completed the time of service established by Law;

• c)

  For having requested it after 18 years of service;

• ch)

  For disability; and,

• d)

  For having reached the age limit corresponding to the rank, in accordance with the Personnel Regulations.

Officers in Definitive Separation are those in Inactive status for any of the following reasons:

• a)

  Death;

• b)

  Dishonorable Separation from Service;

• c)

  Final condemning sentence that entails the accessory penalty of removal or separation from service; and, ch) Being missing or disappeared for more than one year.

Officers in Reserve are those in Inactive status and fit for service, who:

• a)

  Are under 55 years of age;

• b)

  Have requested Inactive status and it has been granted in accordance with Law;

• c)

  Are graduates of Paramilitary Schools; and, ch) Are graduates of a reserve officers preparatory center.

Service time shall be considered as the time accumulated from the date of granting the rank of sub-lieutenant or its equivalent, until the date of calculation, considering only the status of Active Duty. Service time shall not be computed for those who pass to the status of availability due to failures in service.

Seniority in rank shall be established in accordance with promotion for advancement. The order of seniority within promotions shall be established in accordance with the respective merit roster.

The promotions of general and senior officers of the branches, corps, and services shall be granted by the National Congress upon joint proposal of the President of the Republic and the Commander in Chief of the Armed Forces. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

The promotions of General Officers and Senior Officers shall be granted by the National Congress, upon joint proposal of the President of the Republic and the Commander in Chief of the Armed Forces, upon prior recommendation of the Supreme Council of the Armed Forces.

To be declared fit for promotion to the immediate rank, the officer must meet the requirements established in the Promotion Regulations.

The promotions of junior officers in the branches, corps, and services shall be granted by the President of the Republic upon proposal of the Commander in Chief of the Armed Forces.

To be declared fit for the immediate rank, the officer must meet the requirements established in the Promotion Regulations for Officers.

The ranks of Auxiliary Officers shall be granted by the Commander in Chief of the Armed Forces, following study and opinion of the General Staff of the Force, in accordance with what is established in this Law and in the Promotion Regulations for Officers. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

The ranks of Auxiliary Officers shall be granted by the Commander in Chief of the Armed Forces, upon proposal of the respective Commands, following study and opinion of the General Staff of the Force, in accordance with what is established in this Law and in the Promotion Regulations for Officers.

The appointment and promotion of Non-Commissioned Officers is an attribute of the Commander in Chief of the Armed Forces, upon proposal of the respective Force Commanders. The rank of Non-Commissioned Officer shall be accredited with the corresponding Agreement and Diploma. (*) (*) Added by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

The promotions of enlisted personnel shall be granted by the Force Commanders, Directors, Unit Commanders, organisms or dependencies of the Armed Forces, and shall be subject to what is established in the respective laws and regulations. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

The promotions of Enlisted Personnel shall be granted by the Force Commanders, Directors of Study Centers, Unit Commanders, Organisms or Dependencies of the Armed Forces, and must be registered with the General Staff of the Force.

To grant promotions of Enlisted Personnel, the Force Commander, the Unit Commander, Director, head of an organism or dependency of the Armed Forces shall be subject to what is established in the respective laws and regulations. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

To grant promotions of Enlisted Personnel, the Force Commander, the Unit Commander, Director of the Study Center, Head of an Organism or Dependency of the Armed Forces shall be subject to what is established in the respective laws and regulations.

Military decorations and distinctions shall be granted to members of the Armed Forces, to military personnel of friendly nations, and to civilian persons, nationals or foreigners, in recognition of heroic acts, distinguished services, and relevant merits.

Military decorations and distinctions shall be awarded by the General Commander of the Armed Forces; and, by the General Commanders of each Force in accordance with what is established in the Regulations on Military Decorations and Distinctions. TITLE X OF MILITARY COURTS

Military Courts are the competent jurisdictional organs to hear cases involving crimes and offenses of a military nature and the administration of justice in the Military Forum, which shall be administered free of charge in the name of the Republic. When a crime or offense of a military nature involves a civilian or a retired military member, the matter shall be handled by the competent authority of the common forum.

Military jurisdiction shall be governed by the norms that exclusively regulate it and the jurisdictional function, both in judging and in enforcing what is judged, corresponds exclusively to the military courts of the Republic in time of peace.

All members of the Armed Forces are subject to the jurisdiction and competence of the Military Courts. In no case may military courts extend their jurisdiction over persons who are not in active service in the Armed Forces.

The Fiscal Ministry is the representative organ of the Armed Forces in the military courts, which has the mission of promoting the action of justice in defense of the interests protected by military laws.

Military judges and authorities are independent in the performance of their jurisdictional functions and shall be responsible in the exercise of their attributions. Equal responsibility shall be borne by all those persons who intervene in judicial proceedings.

Military justice shall be administered by the following courts and authorities: a) In time of peace:

• 1)

  Military Judges of Instruction;

• 2)

  Military Judges of First Instance;

• 3)

  Military Courts of Appeals; and, 4) Supreme Court of Justice. b) In time of war: 1) Courts Martial; and, 2) General Command of the Armed Forces.

In each Military Region there shall function a Military Court of First Instance, which shall hear cases that arise within its jurisdiction.

Military Judges of Instruction are:

• a)

  The Sub-Commanders of the Military Regions:

• b)

  The District Commanders;

• c)

  The Section Commanders, and;

• d)

  Others as may be established.

Military Judges of First Instance are those appointed upon the proposal of the General Audit Office, who must be licensed legal professionals and Officers of the Armed Forces.

Military Judges of First Instance may not be suspended, removed, transferred temporarily, except for the causes and with the guarantees established by military laws.

The Military Rehabilitation System is established for the confinement and treatment of prosecuted and condemned military personnel. It shall be governed by the respective Regulations. (*) (*) Added by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex. CHAPTER I OF HONOR COURTS

Honor Courts are committees appointed by the Commander-in-Chief of the Armed Forces, Force Commanders, Directors, Unit Commanders, Military Study Centers, Organisms and Departments, to hear acts of a dishonorable character committed by Officers of the Armed Forces, to the detriment of professional ethics, prestige, dignity and honor for themselves or for the institution.

In each unit, military study center, organism and department, when necessary, an Honor Court shall be established, which shall be comprised of five members and which shall be governed by the respective legal provisions and regulations. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984 whose complete text appears at the end as an annex, and which in its pertinent part states:

In each unit, military study center, organism and department, when necessary, an Honor Court shall be established, which shall be governed by the respective legal provisions. TITLE XI OF DEFENSE ATTACHÉS AND LIAISON OFFICERS CHAPTER I OF DEFENSE ATTACHÉS

Defense Attachés shall have diplomatic character and shall form part of the Honduran delegation accredited in the respective country. They shall be governed by the corresponding law.

The Head of the Executive Branch, through the Ministry of State in charge of Foreign Affairs, may appoint to serve in Embassies officials who are not career personnel, in the positions of Defense Attachés who may be members of the Armed Forces of Honduras, whether from the Army, Navy, or Air Force. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its relevant part states:

The Head of the Executive Branch, through the Ministry of State in charge of Foreign Affairs and at the proposal of the Commander in Chief of the Armed Forces, may appoint to serve in the Embassies of Honduras abroad in the positions of Defense Attachés members of the Armed Forces of Honduras in Active status.

To be a Defense Attaché, it is required to be a General or Senior Officer and Honduran by birth. His position shall be denominated Defense Attaché; however, if he represents one of the forces, he shall be denominated Military Attaché, Air Attaché, Naval Attaché, or Police Attaché, as appropriate. They shall be governed by the respective law and its internal regulations. CHAPTER II OF LIAISON OFFICERS

Liaison Officers are those appointed by the Commander in Chief of the Armed Forces to maintain close coordination and official communication between the Armed Forces and other national and international entities. Their functions and powers shall be governed by their Internal Regulations. TITLE XII OF GENERAL AND TRANSITORY PROVISIONS CHAPTER I OF GENERAL PROVISIONS

The National Flag and Coat of Arms are representative symbols of the Nation; their safeguard and custody are entrusted to the Armed Forces. Their use shall be governed by their Special Regulations.

The principles of the trilogy—Loyalty, Honor, Sacrifice—are the moral foundation upon which the existence of the Armed Forces is based and constitute their motto in the performance of their sacred mission.

The Commander in Chief of the Armed Forces may make use of the Board of Commanders as an advisory body regarding the Institution's policy, which he shall convene when he deems it necessary. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex.

The Board of Commanders shall be composed of the following Officers:

• a)

  The Chief of the Joint General Staff;

• b)

  The Secretary of State in charge of National Defense and Public Security;

• c)

  The Inspector General of the Armed Forces;

• d)

  The General Commanders of Force; and,

• e)

  The Chief of the Army General Staff. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex.

Members of the Board of Commanders and General Officers shall have an Aide-de-Camp and shall be accompanied by him in all official and service acts. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex.

The Chief of the Army General Staff shall have the rank of a General Commander of Force in all acts concerning him in that respect. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex.

For the performance of their functions, the General Commanders of Force shall convene their immediate subordinate Commanders when they deem it convenient.

No military officer shall express opinions on matters of service that denigrate or censure the Armed Forces, threaten public order or State security. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end as an annex, and which in its relevant part states:

No military officer in active service shall express opinions on matters of service that denigrate or censure the Armed Forces, threaten public order or State security.

Violation of the provisions of the preceding Article shall result in the offender being placed in a situation of permanent separation and discharged dishonorably, prior to agreement by the Superior Council of the Armed Forces, acting as a decision-making body and superior tribunal thereof, without prejudice to the corresponding criminal action.

It is prohibited to usurp ranks, or to use uniforms, insignia, decorations, documents, distinctive marks and weapons that belong exclusively to the Armed Forces, without having the proper authorization for it. The violation of the foregoing shall be sanctioned in accordance with the corresponding criminal provisions.

The use of weapons, equipment, uniforms, insignia, decorations and distinctive marks of the Armed Forces shall be regulated by the respective Regulation.

When an officer in retirement status makes mention of the rank that belongs to him, he must state the military status in which he finds himself.

Officers who find themselves in active status may request their separation from service, remaining in the status that corresponds to them by reason of age and length of service.

The officer who attains the rank of General Officer shall have the option to extend his length of service for 35 years, when the High Command deems it convenient. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end, as an annex.

The deposit of officers of the Armed Forces is created, to place those who temporarily do not have assignment in the Organic Tables of the Armed Forces, for reasons of vacancy, temporary physical disability and other causes not subject to military penal jurisdiction. Their stay in the Deposit may not exceed two years, after which time, the Commander in Chief of the Armed Forces shall determine their status.

Those Officers who pursue studies abroad and in the country who hold positions in public administration or who find themselves on special missions ordered by the Commander in Chief of the Armed Forces shall remain assigned to the Command in Chief of the Armed Forces.

Arms and Corps are denominated as the set of units and forces, combatants, which by having the same organization and identical properties and means of action are preferentially suited for a determined modality of combat. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end, as an annex, and which in its operative part states:

Arms and Corps are denominated as the set of Units which, by having the same organization and identical properties and means of action are preferentially suited for a determined modality of combat.

Services are denominated as the set of units and forces which, having the same organization and identical property and means of action are especially suited to satisfy each one of the needs of the forces both in time of peace and in war. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end, as an annex, and which in its operative part states:

Services shall be denominated as the set of units which, having the same organization and identical property and means of action are especially suited to satisfy each one of the needs of the Armed Forces, both in time of peace and in war.

Officers may organize themselves as promotions at the Armed Forces level, with the authorization of the Commander in Chief. A special regulation shall govern their organization and functioning.

The officer who has passed to retirement status, in accordance with the laws, may only be reincorporated into active service, in the status of reservist, in the following cases: a) International war or internal commotion, with prior summons from the Commander in Chief of the Armed Forces, and, b) Hiring for special services, after six months of having been retired. (*) (*) Reformed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end, as an annex, and which in its operative part states:

The Officer who has passed to retirement status, in accordance with the laws, may only be reincorporated into active service, in the status of reservist, in the following cases: a) International war or internal commotion, with prior summons from the Command in Chief of the Armed Forces; and, b) Hiring for special services.

General officers who have held any position within the Board of Commanders or the National Council of Defense and Security shall have the option to retire to assume a diplomatic position, with the rank of ambassador or its equivalent. (*) (*) Repealed by Decree Number 197-84 dated October 27, 1984, whose complete text appears at the end, as an annex.

Auxiliary civilian personnel of the Armed Forces not affiliated with the Military Social Security Regime shall be subject to military laws and regulations; however, when discharged without justified cause, they may appeal to the Commander in Chief of the Armed Forces, who shall resolve the matter in accordance with the provisions of the respective Regulation. (*) (*) Amended by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex, and which in its operative part states:

Auxiliary civilian personnel of the Armed Forces, not affiliated with the Military Social Security Regime, shall be subject to military laws and regulations.

The manufacture, importation, distribution and sale of arms, ammunition, explosives and other similar implements is reserved as an exclusive faculty of the Armed Forces. CHAPTER II OF TRANSITIONAL AND FINAL PROVISIONS

While the Naval Force and the Public Security Force do not have in their organic structures officers of the corresponding branch or corps who meet the rank requirements to exercise the General Command and other positions of the Force, these shall be exercised by officers from other forces.

While the National Defense College enters into operation, the Command and General Staff School shall perform its functions, without prejudice to its own.

While the Officer Training Schools do not have the capacity to fully meet the needs of the Armed Forces, the status of complementary officer is established. A special regulation shall govern its operation. (*) (*) Suppressed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

While the Schools for Non-Commissioned Officers do not exist, the designation of this rank shall be that of class. (*) (*) Suppressed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

The current Classes School shall temporarily function as a Non-Commissioned Officers Training School. (*) (*) Suppressed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

When the Joint General Staff cannot be integrated with representation from all Forces and the Commander in Chief of the Armed Forces belongs to the Naval Force or Air Force, the Chief of the Joint General Staff shall be an Army Officer. (*) (*) Suppressed by Decree Number 197-84 dated October 27, 1984, whose full text appears at the end as an annex.

This Law shall enter into force as of the date of its publication in the Official Gazette "La Gaceta", repealing the Constitutive Law of the Armed Forces, issued by Decree Law No. 963, dated July 14, 1980, as well as other legal provisions that conflict with it. Given in the city of Tegucigalpa, Central District in the Meeting Hall of the National Congress, on the fifth day of the month of July in the year nineteen hundred eighty-four. 1Published in the Official Gazette "La Gaceta" Number 24382 dated August 2, 1984. DECREE NUMBER 197-84 THE NATIONAL CONGRESS DECREES:

To amend Decree No. 98-84 of July 5, 1984, which contains the Constitutive Law of the Armed Forces, with regard to Articles 10, 11, 12, 13, 37 subsections h), e) and i), 41, 58, 72, 73, 75, 78, 95, 104, 106, 112, 114, 118, 119 subsection c), 121 subsection b), 122, 126, 128, 129, 134, 135, 136, 139 subsection d), 140, 146, 147, 148, 149, 158, 159, 160, 163, 165, 175, 183, 184, 191, 192, 193, 194, 195, 197, 198, 199, 205, 208, 210, 211, 212, 213, 214, 216, 219, 221, 226, 230, 231, 232, 246, 248, 258, 267, 268, 270 and 272, which shall read as follows:

The Armed Forces shall be constituted by: a) Human Resources; and, b) Material Resources.

Human Resources are constituted by: Officers, Non-Commissioned Officers, Officer Cadets, Enlisted Personnel and Auxiliary Staff, who are filling their organic structures.

Material Resources are constituted by: weapons, equipment, materials, livestock and other personal and real property recorded in the respective books of the Armed Forces, which may be acquired by:

• a)

  Manufacture or construction;

• b)

  Purchase;

• c)

  Donation;

• ch)

  Requisition and seizure in accordance with the Law; and, d) Any other means provided for in the laws.

The Reserve of the Armed Forces is constituted by the set of human and material resources that are provided to be used as a complement to military operations, in case of international war or national emergency. A regulation shall govern the content of this Article.

The powers and duties of the Commander in Chief of the Armed Forces are: a)....;b)....;c).....;ch).....;d)....;e).....;f)....;g)....; h) To request from the National Congress, through the President of the Republic and General Commander, authorization to obtain the services of foreign military and civil missions to advise the Armed Forces; i) To contract military and civil instructors, whether national or foreign, for the technical and scientific training of the Armed Forces; j)....;k)....;l)....;m)....;n)....;ñ)....;o)....; and, p)......

The Joint General Staff is the superior technical military body for advisory, planning, coordination and supervision of the Commander in Chief.

General Officers and Senior Officers of the Armed Forces who have completed Command and General Staff studies, public officials and citizens who have distinguished themselves in the political, economic and social sphere of the nation shall be selected and invited as participants. Only Honduran citizens by birth may be admitted.

The Dependencies of the Commander in Chief of the Armed Forces are:

• a)

  General Audit Office;

• b)

  General Payroll Office;

• c)

  Chief Clerk's Office;

• ch)

  Military Welfare Institute;

• d)

  Military Industry;

• e)

  Public Relations Directorate;

• f)

  Ceremonial and Protocol Directorate;

• g)

  Historical Directorate; and,

• h)

  Others as may be established.

The General Audit Office is the Dependency responsible for prior and subsequent auditing of the Bodies, Dependencies and Units of the Armed Forces; it shall also have the powers to advise on legal matters; as well as to issue opinions, recommend norms of control and administrative and coordination auditing; likewise, it shall function as a liaison between the Commander in Chief of the Armed Forces and the military and penitentiary judicial systems; and may also propose the enactment of military laws, reforms and repeals, through the appropriate channels.

The General Audit Office shall be headed by a General or Senior Officer with the rank of Colonel of the Arms, Corps or Services, and his position shall be denominated General Auditor of the Armed Forces and shall be appointed by the Commander in Chief.

The General Payroll Office of the Armed Forces shall be headed by a General or Senior Officer of the Arms, Corps or Services, with the rank of Colonel or its equivalent, and shall be denominated General Paymaster of the Armed Forces; he must be Honduran by birth and shall be governed by the respective Regulation.

The Superior Council of the Armed Forces shall be comprised of:

• a)

  Commander in Chief of the Armed Forces;

• b)

  Chief of the Joint General Staff;

• c)

  Secretary of State in the Departments of National Defense and Public Security;

• ch)

  General Inspector of the Armed Forces;

• d)

  General Auditor of the Armed Forces;

• e)

  General Paymaster of the Armed Forces;

• f)

  Commander CALFFA;

• g)

  Director of the National Defense College;

• h)

  General Commanders of the Force;

• i)

  Chiefs of General Staff of Force;

• j)

  Brigade Commanders;

• k)

  Battalion Commanders or equivalent;

• l)

  Directors of Higher Education Centers, training and officer formation;

• ll)

  Commanders of Air and Naval Bases; and,

• m)

  Commander of the Communications Corps of the Armed Forces.

The powers and duties of the Superior Council of the Armed Forces are:

• a)

  To know the general guidelines of the National Defense plans;

• b)

  To establish objectives for the development of the Forces and evaluate the process of their execution;

• c)

  To propose to the National Congress the list of candidates for the election of the Commander in Chief of the Armed Forces;

• ch)

  To propose, within fifteen days following the permanent absence of the Commander in Chief of the Armed Forces, the list of candidates so that the National Congress may elect whoever is to fill the vacancy for the remainder of the term for which he was elected;

• d)

  To know and recommend the preliminary draft of the Budget of the Department of National Defense and Public Security;

• e)

  To appoint commissions constituted by Officers or properly qualified civilians, for the study of specific matters of interest to the Armed Forces;

• f)

  To call Officers and invite qualified civilian personnel to know or request information on matters of interest to the Armed Forces;

• g)

  To know the national socio-economic development plans; and,

• h)

  Others to be assigned in the Regulation.

The Secretary of State in the Departments of National Defense and Public Security shall be appointed at the discretion of the President of the Republic, and must meet the requirements established in the Constitution of the Republic. The Under-Secretary of State in the Departments of National Defense and Public Security must meet the same requirements.

The Services of the Army are: a) Logistics; and, b) Personnel.

The General Command is the highest echelon of the Army, from which the General Commander exercises his functions in accordance with this Law, other applicable Laws and Regulations. It shall be under the command of a General or Senior Officer of the Arms in active service. His position shall be denominated General Commander of the Army.

The following are considered Formation Schools of the Army.

• a)

  The Military Academy;

• b)

  The Non-Commissioned Officers School; and,

• c)

  Others as may be established.

The following are considered Training Schools: a)....; b....; c) Technical School of the Army; ch)....; d)....; and, e)....

The Combat Support Units are:

• a)

  .....; 1) .....; and, 2 .....

• b)

  Engineering Units; and,

• c)

  .....

Combat Support Service Units are: a) Logistic Service: 1) Transportation; 2) Medical Service; 3) Veterinary; 4) Supply; 5) War Material; and, 6) Others. b) Personnel Services:

• 1)

  Administration;

• 2)

  Military Justice;

• 3)

  Military Police;

• 4)

  Military Adjutancy;

• 5)

  Music;

• 6)

  Chaplaincy; and, 7) Others.

The Air Force is constituted by Officers, Non-Commissioned Officers, Flight Cadet Gentlemen, Technical Students, Technicians, Enlisted Personnel, Auxiliary Personnel, organized in Branches and Services, as well as by Armament, equipment, materials, and other personal and real property registered in its property and inventory records.

Air Force Services are: a) Logistic Services; and, b) Personnel Services.

For the fulfillment of submission and the exercise of Command, the hierarchical organization of the Air Force shall be as follows:

• a)

  General Command of the Air Force;

• b)

  General Aeronautical Staff;

• c)

  Air Force Inspectorate;

• ch)

  Aeronautical Studies Centers; and,

• d)

  Air Base Command.

The following are considered Training Schools: a) Military Aviation Academy; and, b) Others that may be established.

The following are considered Qualification Schools:

• a)

  Qualification School for Officers;

• b)

  Qualification Schools for Non-Commissioned Officers;

• c)

  Technical Specialization School; and, ch) Others that may be established.

Air Bases are considered those subordinate Commands that have the responsibility to administer, organize, and execute the directives, instructions, and orders issued by the General Command, with respect to the mission corresponding to the Air Force.

Combat Support Units are:

• a)

  .....;

• b)

  .....;

• c)

  .....;

• ch)

  .....;

• d)

  Installation Security Units; and, e).....

Combat Support Service Units are: a) Logistic Services: 1) Engineering; 2) Ground Transportation; 3) Medical Service; 4) Supply; 5) War Material; and, 6) Others. b) Personnel Services:

• 1)

  Aeronautics;

• 2)

  Administration;

• 3)

  Military Justice;

• 4)

  General Adjutancy;

• 5)

  Chaplaincy;

• 6)

  Music; and,

• 7)

  Others.

The Naval Force is constituted by Officers, Non-Commissioned Officers, Naval Cadet Gentlemen, Technical Students, Technicians, Petty Officers, Sailors, Marines, and Auxiliary Personnel, organized in corps and services as well as by vessels, armament, equipment, materials, and other personal and real property registered in its property books and inventories.

The corps of the Naval Force are:

• a)

  General Corps;

• b)

  Naval Engineering Corps;

• c)

  Naval Communications Corps;

• ch)

  Naval Artillery Corps;

• d)

  Naval Aviation Corps;

• e)

  Seamanship Corps; and,

• f)

  Marine Infantry Corps.

Naval Force Services are:

• a)

  Logistic Services;

• b)

  Personnel Services; and,

• c)

  Specialized Services.

For the fulfillment of its mission the Naval Force is organized in:

• a)

  General Command;

• b)

  General Naval Staff;

• c)

  Naval Force Inspectorate;

• ch)

  Naval Studies Centers;

• d)

  Naval Base Commands;

• e)

  Merchant Marine Superintendence;

• f)

  Combat Units;

• g)

  Combat Support Units; and,

• h)

  Combat Support Service Units.

Combat Units are:

• a)

  Gun and Missile Units;

• b)

  Anti-submarine and Escort Units;

• c)

  Mine Warfare Units;

• ch)

  Submarine Units;

• d)

  Patrol Units; and,

• e)

  Marine Infantry Units.

Combat Support Units are:

• a)

  Amphibious Landing Units;

• b)

  Reconnaissance and Intelligence Units;

• c)

  Communications, Command and Control Units;

• ch)

  Combat Engineering Units; and,

• d)

  Artillery Units Constituted by: 1) Coastal Artillery; and, 2) Anti-aircraft Artillery.

Combat Support Service Units are: a) Logistic Services, which comprise: 1) Supply; 2) Medical Services; 3) Transportation; 4) Engineering; and, 5) Quartermaster Services. b) Personnel Services, which comprise:

• 1)

  Supply;

• 2)

  Justice;

• 3)

  Adjutancy;

• 4)

  Music;

• 5)

  Chaplaincy; and, 6) Others. c) Specialized Services, which comprise:

  • 1)

    Meteorology;

  • 2)

    Hydrography;

  • 3)

    Oceanography;

  • 4)

    Navigation Aids; and,

  • 5)

    Others.

The Public Security Force is constituted by Officers, Non-Commissioned Officers, Cadet Gentlemen, Technical Students, Agents, and Auxiliary Personnel, organized in Corps and Services, as well as by armament, equipment, materials, and other movable and immovable property registered in the books of its property and inventory.

The Services of the Public Security Force are: a) Logistic Services, which comprise:

• 1)

  Engineering;

• 2)

  Transportation;

• 3)

  Medical Services;

• 4)

  Veterinary;

• 5)

  Quartermaster Services;

• 6)

  War Material; and, 7) Others to be established. b) Personnel Services, which comprise:

  • 1)

    Administration;

  • 2)

    Justice;

  • 3)

    Military Police;

  • 4)

    Adjutancy;

  • 5)

    Music;

  • 6)

    Chaplaincy; and, 7) Others to be established.

The Special Commands of the Armed Forces are the following:

• a)

  Logistic Support Command;

• b)

  Armed Forces Communications Corps; and,

• c)

  Others to be established.

The Commander of the Logistic Support Command of the Armed Forces shall be a General or Senior Officer or equivalent. He shall report to the Commander in Chief of the Armed Forces and must be Honduran by birth.

For the exercise of command, the fulfillment of the mission, and in accordance with military needs, the national territory shall be divided into Regions and Bases, as follows:

• a)

  Military Regions, for the Army;

• b)

  Police Regions, for the Public Security Force;

• c)

  Air Bases, for the Air Force; and, ch) Naval Bases, for the Naval Force. Their number and jurisdiction shall be determined by the Commander in Chief of the Armed Forces.

The command of Combat Units and Combat Support Units corresponds exclusively to Officers of the Arms or equivalent, and that of combat support service units corresponds to Officers of the Services. In special circumstances, Officers of the Arms or equivalent may exercise command of the Service Units.

For the exercise of command and the determination of responsibilities in the performance of any position, every officer shall be appointed at the request of the respective Commander in Chief of the Armed Forces, issued through the Secretariat of State in the Offices of National Defense and Public Security.

No Officer may perform command functions in two or more Units, organisms, or dependencies simultaneously.

The command of Brigade-level Units or equivalent shall be exercised by a General or Senior Officer with the rank of Colonel of the Arms or equivalent and must be Honduran by birth.

The command of Battalion-level Units, Air Base, Naval Base, or equivalent shall be exercised by a Senior Officer of the Arms with the rank of Colonel or Lieutenant Colonel and must be Honduran by birth. Should officers with the latter rank not exist, said position shall be temporarily occupied by an officer with the rank of Major or equivalent.

The command of Auxiliary Officers and Non-Commissioned Officers shall be confined to the assigned function.

For the fulfillment of the exercise of command and the comprehensive knowledge of the geographical, economic, social, and political characteristics of the country, Officers of the Armed Forces shall be subject to a rotatory service system, which establishes permanence in each unit, organism, or dependency for a period of three years, with the exception of those cases which, by order of the Commander in Chief of the Armed Forces, remain in a position for a longer period.

The formalities of turnover and assumption of command of units, organisms, and dependencies shall be carried out at their respective headquarters, in the presence of the corresponding authority.

The Rank of Enlisted Personnel is accredited by means of the corresponding diploma, which shall be registered by the Personnel Department of the respective Force.

Officers of the Services are those who receive education in the different doctrines of Logistics Services and personnel.

The Hierarchical Scale of the Army comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigadier General. b) Senior Officers: 1) Colonel; 2) Lieutenant Colonel; and, 3) Major. c) Subaltern Officers: 1) Captain; 2) Lieutenant; and, 3) Sub-Lieutenant. ch) Non-Commissioned Officers: 1) Non-Commissioned Officer 3, Master Chief; 2) Non-Commissioned Officer 2, Master Senior; and, 3) Non-Commissioned Officer 1, Master. d) Enlisted Personnel of the Arms:

• 1)

  Master Sergeant;

• 2)

  First Sergeant;

• 3)

  Second Sergeant;

• 4)

  Sergeant;

• 5)

  Corporal;

• 6)

  First Class Soldier; and, 7) Soldier. e) Enlisted Personnel of the Services:

  • 1)

    Master Technical Sergeant;

  • 2)

    First Technical Sergeant;

  • 3)

    Second Technical Sergeant;

  • 4)

    Technical Corporal; and,

  • 5)

    Specialist Soldier.

The Hierarchical Scale of the Air Force comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigadier General. b) Senior Officers: 1) Aviation Colonel; 2) Aviation Lieutenant Colonel; and, 3) Aviation Major. c) Subaltern Officers: 1) Aviation Captain; 2) Aviation Lieutenant; and, 3) Aviation Sub-Lieutenant. ch) Non-Commissioned Officers: 1) Non-Commissioned Officer 3, Master Chief; 2) Non-Commissioned Officer 2, Master Senior; and, 3) Non-Commissioned Officer 1, Master. d) Enlisted Ranks: 1) Master Technical Sergeant; 2) First Technical Sergeant; 3) Second Technical Sergeant; 4) Technical Corporal; 5) First Class Aero Technician; and, 6) Basic Aero Technician. e) Air Police Personnel:

• 1)

  First Air Police Sergeant;

• 2)

  Second Air Police Sergeant;

• 3)

  Air Police Sergeant;

• 4)

  Air Police Corporal;

• 5)

  First Class Air Policeman; and,

• 6)

  Air Policeman.

The Hierarchical Scale of the Naval Force comprises the following categories and ranks:

• a)

  Admiral Officers: 1) Vice-Admiral; and, 2) Rear-Admiral.

• b)

  Senior Officers:

  • 1)

    Captain of the Ship;

  • 2)

    Captain of the Frigate; and, 3) Ensign of the Corvette.

• c)

  Subaltern Officers:

  • 1)

    Ship Lieutenant;

  • 2)

    Frigate Lieutenant;

  • 3)

    Frigate Ensign. ch) Non-Commissioned Officers:

    • 1)

      Non-Commissioned Officer 3, Master Chief;

    • 2)

      Non-Commissioned Officer 2, Master Senior; and, 3) Non-Commissioned Officer 2, Master.

• d)

  Seamen Personnel of the General Corps:

  • 1)

    Bosun I;

  • 2)

    Bosun II;

  • 3)

    Bosun III;

  • 4)

    Deck Corporal; and, 5) Deck Seaman.

• e)

  Marine Infantry Personnel:

  • 1)

    Master Sergeant of Marine Infantry;

  • 2)

    First Sergeant of Marine Infantry;

  • 3)

    Second Sergeant of Marine Infantry;

  • 4)

    Marine Infantry Sergeant;

  • 5)

    First Corporal;

  • 6)

    Marine Infantry Corporal; and, 7) Marine Infantryman.

• f)

  Technical Personnel of the Services:

  • 1)

    Master I;

  • 2)

    Master II;

  • 3)

    Master III;

  • 4)

    Specialist Corporal;

  • 5)

    Specialist Seaman; and, 6) Apprentice Seaman.

The Hierarchical Scale of the Public Security Force comprises the following categories and ranks: a) General Officers: 1) Division General; and, 2) Brigadier General. b) Senior Officers: 1) Police Colonel; 2) Police Lieutenant Colonel; and 3) Police Major. c) Subaltern Officers: 1) Police Captain; 2) Police Lieutenant; and, 3) Police Sub-Lieutenant. ch) Non-Commissioned Officers:

• 1)

  Non-Commissioned Officer 3, Master Chief;

• 2)

  Non-Commissioned Officer 2, Master Senior; and, 3) Non-Commissioned Officer 1, Master. d) Enlisted Personnel of the Services: I. Law and Order Police, Traffic Police, Treasury Police and Female Police. 1) Master Sergeant; 2) First Technical Sergeant;

• 3)

  Second Technical Sergeant;

• 4)

  Technical Corporal;

• 5)

  Specialist Agent; and, 6) Agent. II. Investigation Police:

  • 1)

    First Inspector;

  • 2)

    Second Inspector;

  • 3)

    First Sub-Inspector;

  • 4)

    Second Sub-Inspector; and,

  • 5)

    Detective.

The Hierarchical Scale of Auxiliary Personnel comprises the following categories and ranks: a) Auxiliary Officers:

• 1)

  Auxiliary Captain;

• 2)

  Auxiliary Lieutenant; and 3) Auxiliary Sub-Lieutenant. b) Civilian Personnel: 1) Professionals; and, 2) Specialist Technicians.

The Officer Roster is the statistical table where the situation, category, name, length of service and seniority in rank of Officers is recorded.

Officers are in available status when being in active status they do not integrate the organic cadres of the Armed Forces in the following cases:

• a)

  Those who perform functions in any of the organs of the State by disposition of the High Command. Auxiliary Officers are excepted.

• b)

  Those who enjoy leave for a period not exceeding one year, by written authorization of the Commander in Chief of the Armed Forces.

• c)

  Those who are being prosecuted in the criminal order, until the respective conviction sentence is final;

• ch)

  Those who are prisoners of war; and,

• d)

  Those declared missing, for a period not exceeding one year.

Officers in Retired status are those in inactive status for any of the following reasons:

• a)

  For having reached the age limit established by the respective laws;

• b)

  For having completed the length of service established by Law;

• c)

  For having requested it after 18 years of service;

• ch)

  For disability; and,

• d)

  For having reached the age limit corresponding to their rank, in accordance with the Personnel Regulation.

The promotions of General Officers and Senior Officers shall be granted by the National Congress, upon the joint proposal of the President of the Republic and the Commander in Chief of the Armed Forces, prior to the recommendation of the High Council of the Armed Forces.

The ranks of Auxiliary Officers shall be granted by the Commander in Chief of the Armed Forces, upon the proposal of the respective Commands, prior to the study and opinion of the General Staff of the Force, in accordance with what is established in this Law and in the Promotion Regulation for Officers.

The promotions of Enlisted Personnel shall be granted by the Commanders of the Force, Directors of Military Study Centers, Commanders of Units, Organisms or Departments of the Armed Forces, and must be recorded in the General Staff of the Force.

In order to grant promotions of Enlisted Personnel, the Commander of the Force, the Commander of the Unit, Director of the Military Study Center, Head of an Organism or Department of the Armed Forces, shall be subject to what is established in the respective laws and regulations.

In each unit, military study center, organism and department, when necessary, a Court of Honor shall be established, which shall be governed by the respective legal provisions.

The Head of the Executive Branch, through the Ministry of State in the Department of Foreign Affairs and upon the proposal of the Commander in Chief of the Armed Forces, may appoint members of the Armed Forces of Honduras in active status to serve in the Embassies of Honduras Abroad in the position of Defense Attachés.

No active duty member of the Armed Forces may express opinions on matters of service that denigrate or censure the Armed Forces, threaten public order or the security of the State.

Arms and Corps are denominated as the set of Units which, by having the same organization and identical properties and means of action, are preferentially apt for a determined modality of combat.

Services shall be denominated as the set of units which, having the same organization and identical property and means of action, are specially apt for satisfying each of the needs of the Forces, both in time of peace and in war.

The Officer who has been placed in retired status, in accordance with the laws, may only be reincorporated into active service in the condition of reservist in the following cases: a) International war or internal unrest, upon prior call by the Commander in Chief of the Armed Forces; and, b) Contracting for special services.

The civilian auxiliary personnel of the Armed Forces, not affiliated with the Military Welfare System, shall be subject to military laws and regulations.

To reform the denomination of Chapter XIV contained in Title III of the Constitutive Law of the Armed Forces contained in Decree No. 98-84 of July 5, 1984, which shall read as follows: "OF THE DIRECTION OF PUBLIC RELATIONS, PROTOCOL AND CEREMONIAL AND HISTORY. UNIQUE SECTION".

To suppress Articles 74, 109, 176, 177, 178, 179, 180, 181, 253, 254, 255, 256, 264, 271, 276, 277, 278 and 279 of Decree No. 98-84 dated July 5, 1984 containing the Constitutive Law of the Armed Forces.

To add to the text of the Constitutive Law of the Armed Forces, Decree No. 98-84 of July 5, 1984 the following Articles: 76-A, 89-A, 89-B, 89-C, 89-CH, 157-A, 209-A, 230-A and 244-A, which shall read as follows:

The prior or post audit oversight of the Commander in Chief and the Auditor General shall be carried out by a commission which, for this purpose, shall be appointed by the Superior Council of the Armed Forces.

The Direction of Protocol and Ceremonial of the Armed Forces is the Department whose principal mission is to plan, coordinate and supervise all ceremonial and protocol acts that the Armed Forces develop. It shall be governed by the respective Regulations.

The Direction of Protocol and Ceremonial shall be under the command of a Senior Officer whose position shall be denominated Director of Protocol and Ceremonial and must be Honduran by birth.

The Direction of History of the Armed Forces is the Department whose principal mission is to plan, coordinate, supervise and execute actions aimed at rescuing, preserving and disseminating the cultural and historical heritage of the Armed Forces; it shall be governed by the respective regulation.

The Direction of History shall be in charge of a Senior Officer whose position shall be denominated Director of History and must be Honduran by birth.

The Superintendence of the Merchant Marine is the organ of the Naval Force which controls, executes, administers and supervises everything related to the Merchant Marine; it is governed by the laws, regulations and applicable Treaties in force.

In accordance with their training, Non-Commissioned Officers are specialists or technicians who are promoted for the purpose of providing Technical-Professional support in accordance with the needs of each Force and shall be governed by this Law and the respective Regulation.

The appointment and promotion of Non-Commissioned Officers is an attribution of the Commander in Chief of the Armed Forces, at the proposal of the respective Force Commanders. The Rank of Non-Commissioned Officer shall be accredited with the corresponding Agreement and Diploma.

The Military Rehabilitation System is established for the confinement and treatment of prosecuted and condemned military personnel, and shall be governed by the respective Regulations.

This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Central District, in the Session Hall of the National Congress, on the twenty-seventh day of the month of October of nineteen hundred eighty-four. Published in the Official Gazette "La Gaceta" Number 24517 dated January 12, 1985.

DECREE NUMBER 197-84 THE NATIONAL CONGRESS DECREES:

Reform Decree No. 98-84 of July 5, 1984, which contains the Constitutive Law of the Armed Forces, with respect to Articles 10, 11, 12, 13, 114, 118, 119, literal c), 121 literal b), 122, 126, 128, 129, 134, 135, 136, 139, literal d), 140, 146, 147, 148, 149, 158, 159, 160, 163, 165, 175, 183, 184, 191, 192, 193, 194, 195, 197, 198, 199, 205, 208, 210, 211, 212, 213, 214, 216, 219, 221, 226, 230, 232, 246, 248, 258, 267, 268, 270, and 272, which shall read as follows:

The Armed Forces shall be constituted by: a) Human Resources; and, b) Material Resources.

Human resources are constituted by: Officers, Non-Commissioned Officers, Gentleman Cadets, Enlisted Personnel, and Auxiliary Personnel, who are covering their organic positions.