Law for the Protection of Airspace Sovereignty

This Law aims to establish the norms, rules and procedures to be followed for the location, identification, tracking, interception and signaling through warning shots using munitions containing tracer cartridges of aircraft that are reasonably suspected of being primarily engaged in illicit drug trafficking or any other type of illicit trafficking.

DEFINITIONS. For the purposes of this Law:

• a)

  An aircraft shall be considered "in flight" from the moment all external doors are closed after boarding until the moment any of said doors are opened for disembarkation; in case of forced landing, the flight shall be considered to continue until the competent authorities take charge of the aircraft and of the persons and goods on board.

• b)

  An aircraft shall be considered "in service" from the moment when ground personnel or crew begins the operations prior to a particular flight until twenty-four hours after any landing; the service period shall be extended in any case for all the time the aircraft remains in flight as defined in literal a) of this Article.

• c)

  The term "interception" means the act by an aircraft of the State of Honduras of approaching an aircraft and remaining near it, in order to identify it and, if necessary, make it return to its planned route; direct it outside the limits of Honduran airspace, escort it out of restricted, prohibited or dangerous airspace; or give it instructions to land.

• d)

  The term "civil aircraft" refers to any aircraft that is not operated by or under the direction of the military, government or any other public authority, even if it has been determined to be primarily engaged in illicit drug trafficking or any other type of illicit trafficking.

• e)

  The term "Honduran Airspace Sovereignty Program (PSAH)" refers to the program of the State of Honduras for the implementation of this Law, as well as the implementation of procedures and regulations related to the location, identification, tracking, interception and signaling through warning shots of aircraft that are reasonably suspected of being primarily engaged in illicit drug trafficking or any other type of illicit trafficking.

• f)

  The term "trace" refers to the visual indication, in symbolic form, in a situation display, of the position of an aircraft.

• g)

  The term "trace of interest" refers to an aircraft that is a candidate for the application of measures in accordance with the PSAH.

• h)

  The term "self-defense" refers to the proportional use of force against a civil aircraft by a public official or competent authority of Honduras, who reasonably believes that the aircraft or its crew represents an imminent threat of serious physical harm to himself or herself or to others and for which no reasonably safe alternative disposes of that threat.

• i)

  The term "Phase I" refers to the interception of an aircraft and the establishment of communications with it through the use of radio communication or visual signals, and ordering the intercepted aircraft to land on the nearest appropriate runway.

• j)

  The term "Phase II" refers to the use of warning shots as a signaling measure, using munitions containing tracer cartridges, to ensure that the pilot is aware that it has been intercepted.

All aircraft that intend to enter or overfly national airspace shall comply with the provisions of the Rules of the Air contained in Annex 2 of the Chicago Convention in force for Honduras and applicable internal legislation.

In the application of the PSAH, public servants, government employees or any other person acting on behalf of the State of Honduras shall comply consistently and strictly with the safety procedures established in Annex 2 of the Chicago Convention, and with any relevant provision on the interception of the International Civil Aviation Organization (ICAO), as well as the Manual on the Interception of Civil Aircraft.

When the Honduran Air Force detects or is informed of a trace of interest, said Force shall proceed to classify the aircraft according to the information obtained about it from all reasonably available sources. The Commander of the Honduran Air Force, in order to determine if the aircraft is reasonably suspected of being primarily engaged in illicit drug trafficking or any other type of illicit trafficking and before authorizing Phase I, shall consider the following classification criteria:

• a)

  If the aircraft did not present the required flight plan.

• b)

  If the aircraft is inexplicably flying outside the route designated in its approved flight plan.

• c)

  If the aircraft is not using the assigned transponder code.

• d)

  If the aircraft is flying at an inexplicably low altitude.

• e)

  If the aircraft is flying at night without lights.

• f)

  If the aircraft has on the tail a false registration number or does not have a registration number.

• g)

  If the windows of the aircraft are obscured.

• h)

  If the physical description of the aircraft matches the description of an aircraft previously used in illicit drug trafficking or any other type of illicit trafficking.

• i)

  If there are intelligence data indicating that the aircraft is primarily engaged in illicit drug trafficking or any other type of illicit trafficking.

• j)

  If the aircraft is flying without permission in an air exclusion zone, if any.

• k)

  If the aircraft is parked at night without permission on an unmonitored landing strip.

• l)

  If all attempts to identify the aircraft have failed.

• m)

  If the aircraft has inexplicably failed to respond to all communication attempts.

• n)

  If the aircraft has disregarded orders from the Honduran Air Force. o) If objects have been thrown from the aircraft. p) If there is information that there are reasonable suspicions that the aircraft is primarily engaged in illicit drug trafficking or any other type of illicit trafficking. q) If there is information indicating that there are no reasonable suspicions that the aircraft is primarily engaged in illicit drug trafficking or any other type of illicit trafficking.

The Honduran Air Force shall not enter Phase I or Phase II in the following cases:

• a)

  If there is evidence that on board the aircraft are traveling persons who do not intentionally participate in illicit drug trafficking or any other type of illicit trafficking;

• b)

  The aircraft can be reasonably identified as an aircraft in commercial operations or as a non-civil aircraft;

• c)

  When the aircraft is operating according to a flight plan authorized by the Honduran air traffic authorities, or of the country from which the flight originated, provided that the plan does not contain false information and the aircraft has not deviated, without justification, significantly from the flight plan;

• d)

  It is reasonably believed that the pilot of an aircraft is incapacitated. This provision does not apply if there are sufficient reasons to conclude that the alleged incapacity is being used to deceive and thus evade the application of the PSAH; or e) It is reasonably believed that the aircraft has been the subject of an act of unlawful interference or its pilot appears to be coerced, except that the aircraft represents an imminent threat to persons outside the aircraft. The provisions of this paragraph do not apply if there are sufficient reasons to conclude that the alleged act of unlawful interference or coercion is being used to deceive and thus evade the application of the PSAH. If any public servant or government employee of the State of Honduras has reasons to believe that one or more of these conditions are met, the interception shall be suspended immediately. However, these procedures shall not prevent the Honduran Air Force from attempting to identify and follow these categories of aircraft through radio contact, visual identification or other means.

If the Commander of the Honduran Air Force determines, in accordance with the provisions of Article 5 of this Law, that the aircraft is reasonably suspected of being primarily engaged in illicit drug trafficking or any other type of illicit trafficking, and if the aircraft is within the airspace over the continental territory of Honduras or within twenty-five point two (22.2) kilometers of the Honduran coast, he may authorize Phase I.

In the event that the pilot in command of the interceptor aircraft reports that an aircraft reasonably suspected of being engaged in illicit drug trafficking or any other type of illicit trafficking does not comply with the landing order issued by the interceptor aircraft, said pilot shall request authorization to initiate Phase II.

Once the procedures and progressive measures stipulated in this Law and its implementing regulations have been exhausted, and if it is reasonably suspected that the aircraft is primarily engaged in illicit drug trafficking or any other type of illicit trafficking and does not comply with the landing order issued by the interceptor aircraft, the Chief of the Joint Staff of the Armed Forces may approve or reject the request to initiate Phase II after evaluating it and verifying that all required procedures have been followed. No provision of this Law shall limit or prohibit law enforcement forces from requiring that the crew surrender after the landing of an aircraft reasonably suspected of being primarily engaged in illicit drug trafficking or any other type of illicit trafficking. No provision of this Law shall limit law enforcement forces from searching or seizing said aircraft and/or its cargo. This Law also does not prohibit them from using lethal force against an aircraft if they are in danger from armed resistance by the crew.

During the execution of Phase II, the pilot in command of the interceptor aircraft shall observe the following:

• a)

  He shall not make warning shots without first having requested and received authorization to do so from the Chief of the Joint Staff of the Armed Forces.

• b)

  Prior to proceeding with warning shots, he shall warn the intercepted aircraft, using ICAO radio communication procedures and appropriate frequencies, that warning shots will be used if the intercepted aircraft refuses to obey the instructions.

• c)

  He shall make all reasonable efforts to avoid impacting the intercepted aircraft, any other aircraft in the vicinity, persons or property on the ground.

Phase I and Phase II shall be executed only in the airspace over the continental territory of Honduras or within twenty-five point two (22.2) kilometers of the Honduran coast.

Except in cases of self-defense, public servants, government employees or any other person acting on behalf of the State of Honduras shall not damage, destroy, or disable any civil aircraft in service and shall not threaten to damage, destroy, or disable any civil aircraft in service.

The prohibition on the use of force or threat of use of force against civil aircraft in service except in cases of self-defense does not exclude the exercise of the function of law enforcement forces in operations carried out on land directed against the crew of the aircraft or its cargo during the periods of "in flight" or "in service".

The National Defense and Security Council, for reasons of national security, may establish air exclusion zones and regulate the schedule, altitude and other aspects related to the flight of aircraft in said zones. The regulations and prohibitions described in the preceding articles in this Law, including the prohibition of damaging, destroying, disabling, or threatening a civil aircraft, except in cases of self-defense, shall be applicable in the same manner for air exclusion zones. The requirements of uniformity and publicity contemplated in Article 9 of the Chicago Convention shall be applied for any air exclusion zone that is established.

The Secretariat of State in the Office of National Defense shall issue the Regulation for the implementation of this Law within thirty (30) days after its entry into force.

This Law repeals Decree No. 347-2013 of January 17, 2014, published in the Official Journal "La Gaceta" dated March 3, 2014, Edition No. 33,369, containing the Law for the Protection of Airspace Sovereignty.

This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, held in Virtual manner, on the fourteenth day of the month of May of two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power Therefore: Let it be executed. TEGUCIGALPA, M.D.C., May 25, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE FREDY SANTIAGO DÍAZ ZELAYA Secretariat of Education AGREEMENT No. 0049-SE-2020 Comayagüela, M.D.C., January 30, 2020 FOR THE LEGALIZATION OF THE APPOINTMENT AS AMBASSADOR FOR TRANSPARENCY AND PART OF THE STUDENT GOVERNMENT IN EDUCATIONAL CENTERS AT THE LEVEL OF SECONDARY EDUCATION AT THE NATIONAL LEVEL THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION WHEREAS: The Constitution of the Republic of Honduras establishes in its declarations the preservation and stimulation of National identity, as well as making its own the principles and practices of International Law that promote human solidarity, respect for the self-determination of peoples, non-intervention, and the strengthening of universal peace and democracy, as well as proclaiming as unavoidable the validity and mandatory execution of arbitral and judicial sentences of an international character and respect for international treaties and agreements. WHEREAS: The Government of the Republic of Honduras, in its effort to improve the quality and well-being of the Honduran People, has made available the IV PLAN OF ACTION FOR OPEN GOVERNMENT HONDURAS 2018-2020, which highlights broad participation and the effort of the sectors: Civil Society, Business