Emergency Availability Law for Seized Assets Year 2010

Assets or monies seized that are deposited and under the administration of the Office for the Administration of Seized Assets (OABI), as well as those seized during the validity of this Law, shall be assigned by it immediately and directly in accordance with the percentages established in Article 2 of this Decree under the responsibility and appropriate use of the Public Ministry, State Secretariats in the Offices of Security and National Defense, responsible for combating crime, and for the defense of national territory; likewise to the State Secretariat of the Presidential Office for the Bond Program 10,000 and to the State Secretariat of the Office of Social Development, for the execution of the National Program of Complementary Income in Rural and Urban Marginal Areas, without prejudice to the performance of necessary expert examinations and certification of the pre-existence of said assets. Likewise, the execution of the funds that were assigned shall be subject to the administrative regulations of each institution and shall be subject to the corresponding audit.

The assignment authorized in the preceding article shall be executed in accordance with the following proportionality: Public Ministry...................................................26.6% Office of Security.................................................26.7% Office of National Defense.....................................26.6% State Secretariat of the Presidential Office (Ten Thousand Bond Program)...........................................10% State Secretariat of the Office of Social Development (National Program of Complementary Income in Rural and Urban Marginal Areas).............................10% The funds shall be allocated to the strengthening of infrastructure or logistics specialized in combating Crime, national security according to the nature of the recipient Institution, and to the Social programs referred to in the preceding paragraph. Funds seized during the validity of this Law shall be distributed in the same proportion. For the purposes of the assigned percentages, the Office for the Administration of Seized Assets (OABI) shall certify the amounts deposited in national banking institutions in national and foreign currency including interest accrued as of the date.

To guarantee those who could prove legitimate ownership or belonging over the assets or money subject to seizure, the State of Honduras constitutes itself as guarantor through the State Secretariat of the Office of Finance, which guarantees the return of said funds, utilized by the corresponding institutions, as provided for in the preceding article.

Those provisions or articles of other laws that are opposed to or limit the faculty of executing assets or amounts of money subject to seizure are hereby suspended in their formal validity for the duration of this Decree, as it is considered to be in the public interest to strengthen the leading institutions in the fight against crime.

For purposes of transparency and budgetary liquidation, the Public Ministry, through the Office for the Administration of Seized Assets (OABI), shall report to the National Congress, monthly through certification of the movable property, real property, and currency that the aforementioned state agency has as of the date of the report.

This Decree shall be in effect for one hundred eighty (180) days from the date of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of November of two thousand ten. LENA KÁRIN GUTIÉRREZ AREVALO PRESIDENT RIGOBERTO CHANG CASTILLO FIRST SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., November 18, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Social Development. HILDA ROSARIO HERNÁNDEZ ALVARADO