Transparency Law

NATURE AND PURPOSE OF THE LAW. This Law is of public order and social interest. Its purpose is the development and execution of the national transparency policy, as well as the exercise of the right of every person to access public information for the strengthening of the Rule of Law and consolidation of democracy through citizen participation.

OBJECTIVES OF THE LAW. The objectives of this Law are to establish the mechanisms to:

• 1)

  Guarantee the exercise of the right that citizens have to participate in the management of public affairs;

• 2)

  Promote the efficient use of State resources;

• 3)

  Make effective transparency in the exercise of public functions and in the relations of the State with private parties;

• 4)

  Combat corruption and illegality of State acts;

• 5)

  Make effective the fulfillment of the duty to render accounts by public entities and public officials; and,

• 6)

  Guarantee the protection, classification and security of public information and respect for access restrictions in the cases of:

  • a)

    Information classified as reserved by public entities in accordance with this Law;

  • b)

    Information delivered to the State by private parties in a confidential capacity;

  • c)

    Confidential personal data; and, d) Secrecy established by Law.

DEFINITIONS. For the purposes of this Law, the following is understood as: 1) Transparency: The set of provisions and measures that guarantee the publicity of information regarding the acts of obligated institutions and the access of citizens to such information. 1 2) Publicity: The duty that public institutions have to inform the population of information relating to their functions, attributions, activities and the administration of their resources; 3) Right of Access to Public Information: The right that every citizen has to access information generated, administered or in the possession of the obligated institutions provided for in this Law, in the terms and conditions thereof; 4) Obligated Institutions:

• a)

  The Legislative Branch, the Judicial Branch, the Executive Branch, autonomous institutions, municipalities and other bodies and institutions of the State;

• b)

  Non-Governmental Organizations (NGOs), Private Development Organizations (PDOs) and in general all those natural or legal persons that at any title receive or administer public funds, whatever their origin, whether national or foreign or by themselves or on behalf of the State or where the latter has been guarantor, and all those trade union organizations that receive income from the issuance of stamps, from the retention of property or that are exempt from the payment of taxes; 5) Public Information: Any file, register, data or communication contained in any medium, document, printed, optical or electronic register or other that has not been classified as reserved, found in the possession of Obligated Institutions that has not been previously classified as reserved and that can be reproduced. Such information shall include that contained in files, reports, studies, minutes, resolutions, official letters, decrees, agreements, directives, statistics, licenses of all kinds, legal entities, budgets, budget liquidations, financing, donations, acquisition of goods, supplies and services, and any register that documents the exercise of faculties, rights and obligations of Obligated Institutions regardless of its source or date of elaboration; 6) Reserved Information: Public information classified as such by this Law, that classified as restricted access by other laws and by particular resolutions of public sector institutions; 7) Confidential Personal Data: Those relating to ethnic or racial origin, physical, moral or emotional characteristics, private address, private telephone number, private electronic address, participation, affiliation to a political organization, political ideology, religious or philosophical beliefs, states of health, physical or mental, personal or family assets and any other relating to honor, personal, family privacy or one's own image; 8) Public Official: Any official or employee of the State or any of its entities, at all hierarchical levels, including those who have been selected, appointed, contracted or elected to carry out activities or functions that are the responsibility of the State, its entities or in service thereof, including those persons who perform such activities with an ad-honorem character.2 9) Confidential Information: Information delivered to the State by private parties to which the Law attributes a confidential character, including sealed bids in contests and public procurement before the date set for their opening; and, 10) Resources and Funds of the State: Financial and non-financial assets belonging to the State.

DUTY TO INFORM AND RIGHT TO ACCESS PUBLIC INFORMATION. All obligated institutions shall publish information relating to their management or, as the case may be, provide all information concerning the application of public funds they administer or that have been guaranteed by the State. Without prejudice to the provisions of the State Contracting Law regarding publications, all contractor selection procedures and contracts entered into shall be mandatorily disclosed on the Internet site administered by the Normative Office for Contracting and Acquisitions (ONCAE). To this effect, the heads of public bodies or institutions are obligated to submit the respective information. In turn, any natural or legal person has the right to request and receive from Obligated Institutions complete, truthful, adequate and timely information within the limits and conditions established in this Law.

HUMAN AND TECHNICAL SUPPORT. To fulfill their duty of transparency, Obligated Institutions shall maintain subsystems with sufficient human and technical support that allow the systematization of information, the provision of a consultation service and access by citizens, as well as its publication when appropriate through available electronic or written means. To this end, each institution shall designate a Public Information Official responsible for such subsystem and provide the requested information provided that it is not declared reserved in accordance with Article 17 of this Law. Each Institution shall create a sufficient budget appropriation to ensure its operation.

PROMOTION OF A CULTURE OF TRANSPARENCY AND INFORMATION OPENNESS. Obligated Institutions shall permanently train and update their public officials in the culture of access to information, the culture of information openness, transparency of public management and the exercise of the Habeas Data guarantee. Obligated Institutions shall likewise provide training on the content of this Law and the specific procedures defined by such Institution to ensure its effective compliance. The Ministry of Education through formal or non-formal educational institutions and public and private universities shall include content on this matter in their study plans or programs.

TRANSPARENCY IN COMMERCIAL AND CONTRACTUAL RELATIONS WITH THE STATE. Private parties, the State and all public institutions are obligated to govern their commercial relations with Obligated Institutions by the principles of good faith, transparency and fair competition when they participate in bidding processes, contracting, concessions, sales, auctions of works or contests. They are equally obligated to comply with the contracting conditions, terms of reference, specifications or conditions of the bidding documents, documents and contracting conditions established in the Law. Contracts must include integrity clauses that obligate private parties to observe rules of ethical conduct throughout this process. The Normative Office for Contracting and Acquisitions (ONCAE) in coordination with the Institute for Access to Public Information (IAIP) and the National Anti-Corruption Council (CNA) shall develop the formats of such clauses in accordance with the provisions of the State Contracting Law. State Institutions shall have the same obligation to govern their commercial relations with private parties.

CONSTITUTION AND PURPOSE OF THE INSTITUTE FOR ACCESS TO PUBLIC INFORMATION. The Institute for Access to Public Information (IAIP) is a deconcentrated body of the public administration, with operational, decisional and budgetary independence, responsible for promoting and facilitating citizens' access to public information, as well as for regulating and supervising the procedures of obligated institutions regarding the protection, classification and custody of public information, in accordance with this Law. The Presidency of the Republic shall support the functioning of this Institute and shall act as the liaison body the Ministry of the Presidency.

COMPOSITION AND DIRECTION. The Institute for Access to Public Information (IAIP) shall be composed of three (3) commissioners, elected by the National Congress, by a two-thirds majority of votes of all its members, chosen from candidates proposed as follows:

• 1)

  Two (2), by the President of the Republic;

• 2)

  Two (2), by the General Prosecutor's Office (PGR);

• 3)

  Two (2), by the National Commissioner for Human Rights;

• 4)

  Two (2), by the National Forum for Convergence (FONAC); and,

• 5)

  Two (2), by the Superior Court of Accounts. They shall hold office for five (5) years, and may only be substituted for legal or natural impossibility, when their actions enter into conflict with the nature of the Institute's functions. The presidency of the Institute for Access to Public Information (IAIP) shall hold Legal Representation. The appointment of the President shall be made by the National Congress. The commissioners shall resolve all their matters collegially.

REQUIREMENTS FOR COMMISSIONERS. To be a Commissioner the following is required:

• 1)

  To be Honduran;

• 2)

  To be older than thirty-five (35) years of age;

• 3)

  Not to have been criminally convicted;

• 4)

  To have professional experience of not less than ten (10) years of public service or academic service; and,

• 5)

  To be of recognized honorability and hold a university degree.

FUNCTIONS AND POWERS OF THE IAIP. The IAIP shall have the following functions and powers:

• 1)

  To hear and resolve review appeals filed by requesters under the framework of this Law;

• 2)

  To establish the manuals and procedural instructions for the classification, filing, custody and protection of public information, which shall be applied by public institutions in accordance with the provisions of this Law;

• 3)

  To support the actions and the National Archives regarding the formation and protection of the Nation's documentary collections;

• 4)

  To establish the criteria and recommendations for the functioning of the National System of Public Information;

• 5)

  To apply the sanctioning framework of this Law;

• 6)

  To carry out strictly administrative actions and those necessary to guarantee citizens' right of access to information;

• 7)

  To regulate, plan, organize and carry out its internal functioning;

• 8)

  To present a report of activities in a semi-annual manner to the Presidency of the Republic and to the National Congress;

• 9)

  To conduct promotional and dissemination activities regarding the exercise of the right of access to public information. To operate an information system in relation to its functioning;

• 10)

  Other related and necessary functions to achieve the purposes of the IAIP; and,

• 11)

  To guarantee that information that must be disclosed ex officio pursuant to Article 13 of this Law is published. 3

THE SYSTEM. The National System of Public Information shall have as its purpose to integrate, systematize, publish and provide access to public information through all existing information subsystems, which shall be integrated in uniform formats in accordance with the norms and procedures established therein. The processes for the organization and functioning of such system shall be established by the Institute for Access to Public Information (IAIP) in coordination with the Superior Court of Accounts, the Ministry of Finance and the Commission for Modernization of the State.

INFORMATION THAT MUST BE DISCLOSED EX OFFICIO. Every Obligated Institution has the duty to disclose ex officio and periodically update through electronic media or computerized instruments; in the absence of these, through available written means, the following information:

• 1)

  Its organizational structure, its functions, the attributions by administrative unit, the services it provides, the rates and fees and the procedures, requirements and formats for accessing the same;

• 2)

  The Laws, regulations, circulars and other provisions of general application that govern its functioning;

• 3)

  General policies, plans, programs and projects, reports, activities, financial statements and quarterly budget liquidations by programs;

• 4)

  All cadastral information it possesses and its link with the Real Property Registry;

• 5)

  Public registers of any nature;

• 6)

  The Official Gazette La Gaceta updated;

• 7)

  The monthly compensation of public officials by position, including other payments associated with the performance of the position;

• 8)

  The budgets, a quarterly report and an annual report of budget execution, which shall include details of transfers, expenses, physical and financial investment, debt and arrears;

• 9)

  Contracting, concessions, sales, auctions of works, calls for contests, public works and supplies bidding, consulting contracts, minutes of opening of bids and award, extensions, renewals and declarations of direct purchases, as well as their results;

• 10)

  The mechanisms that allow citizen participation in decision-making;

• 11)

  The name of the public officials in charge of managing and resolving requests for public information, the address, telephone and electronic address of their workplace;

• 12)

  The Executive Decrees, Agreements and final Resolutions issued by the Executive Branch, including decentralized institutions;

• 13)

  The National Congress shall additionally publish the resolutions resulting from the motions and decrees that are approved; it shall likewise publish the legislative initiatives and their respective opinions and reports, for which those who present them must deliver them to the Secretary in writing and in electronic format for publication within a maximum period of ten (10) days, and disseminate through the Internet the sessions of the National Congress plenary and of the commissions;

• 14)

  The Judicial Branch shall additionally publish the final judicial sentences that have become final or executory, without prejudice to the right that the parties have to oppose the publication of their personal data;

• 15)

  The Superior Court of Accounts shall additionally publish the final reports of the audit interventions performed; as well as the publication of the resolutions once they have become final;

• 16)

  The General Prosecutor's Office shall additionally publish the relation of the lawsuits in which public institutions are parties and the final sentences rendered in them;

• 17)

  Municipalities shall additionally publish a relation of the lawsuits in which they are parties and the final sentences rendered in them, as well as the resolutions and minutes of sessions of the Municipal Council;

• 18)

  The respective institutions shall additionally publish the statistics and information relating to the macroeconomic and financial behavior of the State that they generate or manage; and,

• 19)

  Information on activities of private companies that supply goods and public services with an exclusive character or that enter into contracts financed with State resources or funds shall be disclosed through the public entity with which the respective contracts have been entered into.

DELIVERY AND USE OF INFORMATION. Public Information shall be provided to the requester or user in the state or format in which it is available. In case of non-existence of the requested information, the requester shall be notified in writing of this fact. Requesters or users may not require Obligated Institutions to perform evaluations or analyses of the information they possess. Requesters or users shall be directly responsible for the use, handling and dissemination of public information to which they have access.

MANNER OF DELIVERY OF REQUESTED INFORMATION. The information requested by the citizen may be delivered, at their request, in person, by means of fax, postal service or by electronic means protecting the integrity of the information. Public access to information is free of charge; however, the public institution is authorized to collect and receive only the reproduction costs previously established by the respective institution.

RESTRICTION OF ACCESS TO INFORMATION. The exercise of the right of access to public information shall be restricted when:

• 1)

  When established by the Constitution, laws, treaties, or declared as reserved in accordance with the provisions of Articles 17 and 18 of this Law;

• 2)

  It is recognized as reserved or confidential information in accordance with Article 3, numerals 7) and 9) of this Law;

• 3)

  Everything corresponding to institutions and enterprises of the private sector, not included in the obligations established by this Law and special laws; and,

• 4)

  The right of access to public information shall not be invoked in any case to demand the identification of journalistic sources within organs of the public sector, nor the information that supports investigations and journalistic information that has been duly published and is in the files of media companies.

CLASSIFICATION OF INFORMATION AS RESERVED. Without prejudice to the provisions of the Law concerning the confidentiality of data and processes and confidentiality of personal data and information delivered by individuals to the State under reservation; the classification of public information as reserved proceeds when the damage that may result is greater than the public interest in knowing it or when the disclosure of the information puts at risk or prejudices:

• 1)

  The security of the State;

• 2)

  The life, security and health of any person, humanitarian aid, the legally protected interests of children and other persons or by the guarantee of Habeas Data;

• 3)

  The development of reserved investigations in matters of prevention activities, investigation or prosecution of crimes or the administration of justice;

• 4)

  The interest protected by the Constitution and the Laws;

• 5)

  The conduct of negotiations and international relations; and,

• 6)

  The economic, financial or monetary stability of the country or governance.

AGREEMENT FOR CLASSIFICATION OF INFORMATION AS RESERVED. To classify information as reserved, based on any of the grounds enumerated in the preceding article, the head of any public organ shall submit the request through the highest hierarchical level of the institution to which it belongs, who, if deemed appropriate, shall issue the respective agreement classifying the information, duly reasoned and substantiated. The respective head must submit a copy of the request to the Public Access to Information Institute. When this institute considers that the information whose classification is requested does not fall under any of the provisions of the preceding article, it shall notify the respective superior and the latter shall deny the request of the subordinate. If, contrary to this opinion, the classification agreement is issued, it shall be null and void of full right.

DURATION OF RESERVATION. Information classified as reserved shall have this character while the cause that gave rise to the reservation subsists; outside this circumstance, the declassification of the reservation shall take place only after a period of ten (10) years has elapsed, counted from the declaration of reservation, unless there is a court order, in which case the reclassification shall be limited to the specific case and for exclusive use of the interested party, that is to say under reservation of public use. CHAPTER IV EXERCISE OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION

REQUEST. The request for access to public information shall be submitted in writing or by electronic means, clearly indicating the specific details of the information requested, without need for motivation or formality. This provision shall not authorize the requesting party to copy all or part of the databases. In case the requesting party is a legal entity, it shall be obligated to prove, in addition to its legal existence, the sufficient power of the person acting on its behalf.

SUBSTANTIATION AND TERM TO RESOLVE. Once the request is submitted, it shall be resolved within a term of ten (10) days, deciding with or without merit. In duly justified cases, this term may be extended once for an equal time. In case of denial of the requested information, the grounds for the denial shall be indicated in writing to the requesting party.

ACCESS TO INFORMATION BY JOURNALISTS. Authorities are obligated to provide protection and support to journalists in the exercise of their profession, providing them with the requested information without restrictions other than those provided for in this Law and in the other laws of the Republic. CHAPTER V PERSONAL DATA AND HABEAS DATA

HABEAS DATA. The guarantee of Habeas Data is recognized.

SYSTEMATIZATION OF PERSONAL FILES AND THEIR ACCESS. Personal data shall always be protected. The interested party or, as the case may be, the National Commissioner of Human Rights acting on their own behalf or in representation of the affected party and the Public Prosecutor's Office may bring the necessary legal actions for their protection. Access to personal data shall only proceed by court order or at the request of the person whose personal data is contained in such information or of their representatives or successors.

PROHIBITION ON DELIVERY OF INFORMATION. No person shall compel another to provide personal data that may originate discrimination or cause damage or patrimonial or moral risks to persons. CHAPTER VI PROCEDURES, INFRACTIONS AND SANCTIONS

PROCEDURES TO FOLLOW IN CASE OF DENIAL OF DELIVERY OF INFORMATION. When the request for information has been denied or when it has not been resolved within the term established in Article 21, the requesting party may resort to the Public Access to Information Institute (IAIP) to request review of the denial. The resolution thereof shall be issued within a term of ten (10) days, counted from the presentation of the request. Against this resolution only the remedy of amparo shall be available in accordance with the Constitutional Justice Law.

ADMINISTRATIVE INFRACTIONS. Without prejudice to civil liability, anyone shall incur in an infraction of this Law who:

• 1)

  Being obligated by Law, does not provide on its own initiative or refuses to supply the required public information within the stipulated time or in any way obstructs its access;

• 2)

  Copies, captures, consults, discloses or commercializes reserved information when prohibited by Law or in the case of personal data, refuses to provide it to its legitimate owner, successors or competent authority;

• 3)

  Eliminates, suppresses or alters public or reserved information and the instruments that contain it, without following the purge procedure provided for in Article 32 of this Law;

• 4)

  Outside the cases provided for in this Law, collects, captures, transmits or discloses personal data, or refuses to correct, update or eliminate false information in the confidential personal data contained in any file, register or database of the Institutions Obligated by this Law; and, 5. Being obligated, in accordance with Article 4, second paragraph of this Law, does not send the information relating to contracting procedures and contracting itself to the Normative Office of Contracting and Acquisitions.

ADMINISTRATIVE SANCTIONS. Without prejudice to civil liability, infractions not constituting a crime shall be sanctioned with written warning, suspension, fine, dismissal or termination. Fines of between half salary to fifty (50) minimum monthly salaries shall be imposed by the Public Access to Information Institute (IAIP), depending on the severity of the infraction, with said amounts being deposited in the General Treasury of the Republic.

CRIMES AND CRIMINAL SANCTIONS. When the infraction of this Law constitutes a crime, it shall be sanctioned in accordance with the provisions established in the Crimes against Public Administration of the Penal Code. CHAPTER VII SUPERVISORY ORGAN AND NATIONAL ARCHIVE SYSTEM

SUPERVISORY ORGAN. It corresponds to the National Anti-Corruption Council (CNA) to ensure the correct application of this Law, for which purpose it shall have access to institutions and to information that is not classified as reserved, confidential, confidential personal data or secret in accordance with the Law.

LEGISLATIVE OVERSIGHT COMMISSION. The National Congress, in fulfillment of its functions, shall establish a Special Commission for the Oversight of the Law of Transparency and Access to Information, which shall receive quarterly reports from public institutions and shall formulate recommendations in this regard, and may require their presence before the Commission for such purposes.

PURGE OF RECORDS. Each public institution is obligated to preserve and safeguard public information, including classified information, obtained or generated in the course of performing its functions, as long as it retains administrative or legal value, or in the absence thereof, for a period of no less than five (5) years; the information classified as reserved is excepted from this rule and may only be purged one year after the period during which it was maintained in reserve has expired. Once the retention period has elapsed, public information shall be subject to the purge procedure carried out by a Documentary Purge Commission composed of delegates from the following institutions:

• 1)

  Institute of Access to Public Information (IAIP);

• 2)

  Superior Court of Accounts;

• 3)

  The Office of the Attorney General of the Republic;

• 4)

  National Archive, as the recipient of purged documentation; and, 5. In its case, a delegate of the public institution whose information is being purged. This Commission shall issue lists of classification, registry, and cataloging of documentation that must be preserved for its historical, legal, and administrative value. In no case may public and classified information be destroyed without complying with this purge procedure.

PUBLIC INFORMATION PRIOR TO THE LAW. Public information prior to this Law may not be destroyed, altered, or changed under any circumstance under penalty of the sanctions that the Law establishes.

ACCESSORY RIGHTS. The right of access to information does not prejudice, limit, or substitute the right to be present at or observe the acts of public administration, in the form permitted by Law; nor does it limit the right to participate in hearings or open town halls to receive information.

REGULATIONS. The Regulations of this Law shall be issued by the Institute of Access to Public Information (IAIP) within a period of three (3) months counted from the date this Decree takes effect, with the knowledge of the Superior Court of Accounts.

ADAPTATION TO THE LAW. The obligated institutions shall adjust their organization and operations, as well as execute the necessary actions for the effective compliance with this Law in a gradual manner within a maximum period of one year, counted from the date this Law takes effect.

BUDGET ALLOCATIONS TO THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION (IAIP). Annually, the State Secretariat of the Office of Finance shall include in the General Budget Project of Income and Expenses of the Republic the budget allocations necessary for the Institute of Access to Public Information (IAIP) to guarantee the effective compliance with this Law.

DEADLINES. When this Law refers to deadlines or terms, they shall consist of business days.

SPECIAL STATUS OF THE INSTITUTE. The Institute of Access to Public Information (IAIP) shall be the organ responsible for fulfilling the obligations that the Inter-American Convention Against Corruption and the United Nations Convention Against Corruption impose on the State of Honduras specifically in matters of transparency and accountability.

EFFECTIVE DATE. This Law shall take effect twenty (20) days after its publication in the Official Gazette La Gaceta, except for the Articles concerning the guarantee of Habeas Data, which shall take effect once the corresponding constitutional amendments have been ratified. Only public information generated as of the effective date of this Law shall be subject to this normative. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-seventh day of the month of November in the year two thousand six.

Reform Articles 3 numerals 1) and 8); and, 32 first paragraph; as well as add numeral 11) to Article and incorporate Article 32-A, to the LAW OF TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION, contained in Decree No. 170 – 2006 of November 27, 2006, which read literally as follows:

DEFINITIONS: For purposes of this Law, the following terms are understood to mean: 1) TRANSPARENCY: The set of provisions and measures that guarantee the publicity of information related to the acts of obligated institutions and citizens' access to such information; 2)…; 3)…; 4)…; 5)…; 6)…; 7)…; 8) PUBLIC OFFICIAL: Any official or employee of the State or any of its entities, at all hierarchical levels, including those who have been selected, appointed, hired, or elected to perform activities or functions that are within the competence of the State, its entities, or in service of them, including those persons who perform them in an ad-honorem capacity;

FUNCTIONS AND POWERS OF THE IAIP. The IAIP shall have the following functions and powers: 1)…; 2)…; 3)…; 4)…; 5)…; 6)…; 7)…; 8)…; 9)…; 10)…; 11) Guarantee that the information that must be disclosed ex officio according to Article 13 of this Law is published.

PURGE OF RECORDS. Each public institution is obligated to preserve and safeguard public information, including classified information, obtained or generated in the course of performing its functions, as long as it retains administrative or legal value, or in the absence thereof, for a period of no less than five (5) years; information classified as reserved is excepted from this rule and may only be purged one year after the period during which it was maintained in reserve has expired.

PUBLIC INFORMATION PRIOR TO THE LAW. Public information prior to this Law may not be destroyed, altered, or changed under any circumstance under penalty of the sanctions that the Law establishes.

This Decree shall enter into force as of the day 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 twenty-eighth day of the month of May of two thousand seven.

Law of Transparency and Access to Public Information ROBERTO MICHELETTI BAÍN PRESIDENT JOSÉ ALFREDO SAAVEDRA PAZ SECRETARY ELVIA ARGENTINA VALLE VILLALTA SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., June 21, 2007. JOSÉ MANUEL ZELAYA ROSALES PRESIDENT OF THE REPUBLIC The Secretary of State in the Offices of Governance and Justice JORGE ARTURO REINA IDIÁQUEZ

Law of Transparency and Access to Public Information Official Gazette La Gaceta, March 6, 2008. Institute of Access to Public Information I.A.I.P. CERTIFICATION The undersigned, General Secretary of the Institute of Access to Public Information CERTIFIES the agreement that literally states: AGREEMENT No. IAIP-0001-2008 THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION. CONSIDERING: That by means of Legislative Decree number 170-2006, published in the official gazette La Gaceta on December 30, 2007, the National Congress of the Republic approved the Law of Transparency and Access to Public Information, subsequently reformed by said State Power through Legislative Decree number 64-2007, and published in the same official gazette in the edition dated July 17, 2007.

Law of Transparency and Access to Public Information CONSIDERING: That in the context of the aforementioned Law, the Institute of Access to Public Information is created as the entity responsible for promoting and facilitating citizen access to public information, as well as for regulating and supervising the procedures of Obligated Institutions regarding the protection, classification and custody of public information. CONSIDERING: That the Law of Transparency and Access to Public Information specifically establishes that the Institute of Access to Public Information shall issue the corresponding Regulation relative to said Law. CONSIDERING: That derived from the legal mandate described, the Institute of Access to Public Information has carried out the process to structure the final draft of the Regulation of the Law of Transparency and Access to Public Information. CONSIDERING: That a favorable opinion has been obtained from the Attorney General of the Republic, with respect to the Draft Regulation of the Law of Transparency and Access to Public Information. THEREFORE AND in application of Articles 1, 2, 8, 11 and 34 of the Law of Transparency and Access to Public Information; 118, numeral 2 of the General Law of Public Administration and Article 41 of the Administrative Procedure Law.

Law of Transparency and Access to Public Information AGREES: FIRST ARTICLE: To approve the following: REGULATION OF THE LAW OF TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION CHAPTER I GENERAL PROVISIONS

OBJECT. This Regulation of public order and social interest governs the timely, effective application and compliance of the Law of Transparency and Access to Public Information for the strengthening of the Rule of Law and the consolidation of democracy through citizen participation; providing sufficient bases to ensure the effectiveness of the exercise of the right of access to public information, accountability, and to develop as well as execute the national policy of transparency and the fight against corruption.

PREEMINENCE. This Regulation has preeminence over any other general or special regulation that deals with the same subject matter, but does not restrict the broader or complementary functions that, in matters of combating corruption and illegality of State acts, the State has already recognized in other laws such as the Law of the National Anti-Corruption Council and the Organic Law of the Superior Court of Accounts.

Law of Transparency and Access to Public Information

SCOPE. The provisions of the Law of Transparency and Access to Public Information and this Regulation apply to:

• A)

  The Legislative Branch, the Judicial Branch, the Executive Branch, autonomous institutions, municipalities and other organs and institutions of the State including Political Parties, Institute of Transparency and Access to Public Information, Public Ministry, Attorney General of the Republic, National Commission of Banks and Insurance, Superior Court of Accounts, Supreme Electoral Tribunal, National Commissioner of Human Rights, universities and educational institutions of the State;

• B)

  Non-Governmental Organizations (NGOs), Private Development Organizations (PDOs) and, in general, all those natural or legal persons that, by any title, receive or administer public funds, whatever their origin, whether national or foreign or by themselves or in the name of the State or where the State has been a guarantor, and all those sectoral organizations that receive income from the issuance of stamps by the retention of property or that are exempt from the payment of taxes. In this scope shall be included all persons or entities of the private sector, obligated by special laws.

DEFINITIONS. In addition to the definitions contained in article 3 of the Law of Transparency and Access to Public Information, for the purposes of this Regulation the following shall be understood as: 1. Classification: The act by which it is determined that the information possessed by an Obligated Institution is reserved or confidential, in accordance with what is provided in articles 17 and 18 of the Law;

Law of Transparency and Access to Public Information 2. Purging: Process carried out to discard documentation that lacks value or merit, which determine its conservation, according to the purposes of the Law as established in its article 32. 3. Declassification: The act by which the Obligated Institution releases information previously classified as reserved or that other laws have attributed such character, in accordance with what is established in article 19 of the Law; 4. Days: Business days. 5. File: Set of all documents and papers related to the matter regarding which information is requested, which includes all files, records, data or communications contained in any medium, printed, optical or electronic record or other that, not having been classified as reserved, should be found in the possession of Obligated Institutions and be reproduced. Said information shall include that contained in reports, studies, minutes, resolutions, official letters, decrees, agreements, directives, statistics, licenses of all types, legal personalities, budgets, budget liquidations, financings, donations, acquisitions of goods, supplies and services, and all records that document the exercise of powers, rights and obligations of Obligated Institutions regardless of their source or date of elaboration; 6. Public or State Funds: Set of monies and values existing in the public treasury and also the active obligations in favor of the state, such as taxes

Law of Transparency and Access to Public Information and rights pending payment, including public collections and those funds whatever their origin, whether national or foreign, intended for the realization of works of social benefit. 7. Public Function: All temporary or permanent, remunerative or honorary activity, performed by a natural person in the name of the State or in the service of the State or its entities, at any of its hierarchical levels; 8. Institute: The Institute of Access to Public Information (IAIP); 9. Law: Law of Transparency and Access to Public Information; 10. Guidelines: Set of mandatory criteria approved by the Institute, by means of Agreement, for the purpose of standardizing the processes of compliance with the Law and this Regulation by Obligated Institutions. 11. Public Information Officer: Person designated by each obligated institution as immediately responsible for the effective functioning of the corresponding Public Information subsystem, for the receipt of requests for access to public information, as well as for the provision of the requested information. 12. Publication: All information, for public knowledge, reproduced in electronic media, printed media or in any of the formats indicated in article 3 numeral 5 of the Law;

Law of Transparency and Access to Public Information 13. Recommendations: Opinions, proposals, suggestions, comments, and other analogous acts of the Institute for the purpose of ensuring the achievement of the purpose of the Law preventing infractions. Action that each obligated institution should address with care and diligence, unless justified cause exists and alternatively presenting another measure that satisfies, in a proper manner, the specific purpose of the recommendation. 14. Review Resource: Means of challenge before the Institute against a decision of an obligated institution in the cases provided for in article 26 of the Law and article 52 of this Regulation. 15. Resolutions: Administrative acts of particular and binding character issued by the Plenary of the Institute in relation to review resources; determination of infractions and application of administrative sanctions; and in accordance with the request for classification of public information as reserved, with the cases expressly provided for in the Law; 16. Public Servant: Any official or employee of the State or any of its entities, at all hierarchical levels, including those who have been selected, appointed, contracted or elected to perform activities or functions that are competence of the State, its entities or in the service thereof, including those persons who perform them with an ad hoc - honorary character; 17. National System of Public Information: Set of rules, principles, mechanisms and procedures

Law of Transparency and Access to Public Information that direct the organization and functioning of all subsystems for the purpose of integrating, systematizing, publishing and providing access to public information, as a guarantee of transparency in the management of the State. 18. Subsystem: Part of the National System of Public Information, consisting of mechanisms and procedures with sufficient human, technical and financial resources that must exist in each Obligated Institution in order to organize the information and publication that corresponds, and to make expeditious and diligent the provision of the service of consultation and access by the citizenry. 19. Public Version: A document in which the information classified as reserved or confidential is tested or eliminated to allow its access to the public part of said document.

PRINCIPLES. Obligated Institutions shall promote, and have as a fundamental basis for the application and interpretation of the Law and this Regulation, the principles of maximum disclosure, transparency in public management, publicity, social audit, accountability, citizen participation, good faith, free of charge and openness of information, so that persons, without any discrimination, effectively enjoy their right of access to public information, to participate in the management of public matters, to follow up on the same, to receive documented reports on the efficiency and integrity in said management and to ensure compliance with the Constitution and the laws.

Law of Transparency and Access to Public Information Obligated Institutions shall publish on their internet site and/or other available means the mechanisms and activities they undertake to promote citizen participation in the taking of their decisions. The procedures for selection of contractors and the contracts entered into by the Public Administration and private parties shall be disseminated on the Internet site administered by the Normative Office of Contracting and Acquisitions of the State ONCAE, for which reason the sending of said information to ONCAE is mandatory, being subject the public official who fails to comply with these provisions to the corresponding administrative sanctions, without prejudice to the civil or criminal responsibilities that may be implied.

EXERCISE OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION AND DUTY TO INFORM. Free access to public information is the right that any person, without any discrimination, has to access information generated, managed or in the possession of obligated institutions, and the duty of these to provide the requested information, in the terms and conditions established in the Law and in this Regulation. Private parties may request that obligated institutions make the information, by any means, available to the public. Article 7. HUMAN AND TECHNICAL SUPPORT. Obligated institutions shall designate a Public Information Officer immediately responsible for its corresponding information subsystem for which

Law of Transparency and Access to Public Information they shall make adequate physical space available and assign sufficient personnel to provide the service of consultation, provision of information and to guide citizens on expeditious access to information. In this same space, and when budgetary conditions permit, there shall be computer equipment with internet access and other suitable means for private parties to consult the information published by the department or entity, as well as to submit the requests referred to in the Law and this Regulation. In the same manner, when budgetary conditions permit, the necessary equipment shall be implemented so that private parties may obtain printouts of the published information. Departments and entities shall prepare the automation, presentation and content of their information, as well as its on-line integration, in the terms that this Regulation and the guidelines that the Institute issues in this regard may provide.

PROMOTION OF A CULTURE OF TRANSPARENCY AND OPENNESS TO INFORMATION. Obligated Institutions shall design and develop training programs directed at raising awareness among their servants, officials or employees of the importance of transparency, the exercise of the right of access to public information, the right of control over data relating to one's own person and self-determination of information in the framework of a democratic society.

Law of Transparency and Access to Public Information Obligated Institutions shall collaborate with the Institute in training and updating activities that it implements in the exercise of its powers for that same purpose and in everything that tends to achieve the objectives of the Law. The Secretariat of State in the Office of Education, through formal or non-formal educational institutions, and the Council of Higher Education, through public and private universities and higher education institutions, shall adopt the appropriate provisions so that contents on access to public information and its principles are included in study plans or programs.

TRANSPARENCY IN COMMERCIAL AND CONTRACTUAL RELATIONS WITH THE STATE. The Institute shall collaborate with the Normative Office of Contracting and Acquisitions of the State (ONCAE) and the National Anti-Corruption Council (CNA) in the drafting of integrity clauses to be included in the legal documents that govern commercial relations between private parties and Obligated Institutions. These standards shall be made known through instructions and manuals that emphasize good faith, transparency, fair competition and compliance with rules of ethical conduct in the processes of bids, contracting, concessions, sales, auctions of works or contests. To ensure the best dissemination of said integrity clauses, the collaboration of the Commission for the Defense and Promotion of Competition shall be sought.

Law of Transparency and Access to Public Information CHAPTER II THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION

THE INSTITUTE. It is the governing entity of the National System of Public Information, of the regulation and control of procedures and the effectiveness of access to public information; principal responsible for guaranteeing the exercise of the right that persons, without discrimination of any kind, have to access public information and to make effective the transparency in the exercise of public functions and in the relations of the State with private parties, in accordance with the principles indicated in article 5 of this Regulation; and of complying with and ensuring that the provisions on transparency and accountability contained in Treaties or international Conventions in force are complied with. In the fulfillment of its functions and powers, the Institute has operational, decision-making and budgetary independence and shall be exclusively subject to compliance with the Constitution of the Republic, the Law, other applicable laws, this and other regulations and other internal provisions that the Institute may adopt. The Secretariat of State in the Office of the Presidency shall act as a liaison body of the Presidency of the Republic to support the exercise, with efficiency and effectiveness, of the functions and powers of the Institute. Equal support must be promoted by the Legislative Branch and the Judicial Branch and by the other Obligated Institutions.

Law of Transparency and Access to Public Information

COMPOSITION AND DIRECTION. The Institute shall be composed and directed by the three Commissioners and/or Commissioners elected by the National Congress, for a period of five years, who as the superior hierarchical body shall resolve collectively in plenary constituted by all of them the matters within the competence of the Institute. Its presidency, which shall hold legal representation, shall be exercised by whoever the Legislative Power designates from among the Commissioners or Commissioners. The decisions of the Plenary shall be sought to be adopted by unanimity or consensus and, failing that, shall be taken by majority vote. The Plenary of the Institute shall define, in its Internal Regulation and other operational standards, a basic, functional and effective organizational structure. It shall create and ensure, within the Institute, the functioning of a Committee of Public Integrity and Ethics; promote and train all its servants and servants in Codes of Ethical Conduct, integrity, honesty, responsibility, public transparency and knowledge of the scope of the Code of Conduct of Public Servants. The Institute shall have national jurisdiction and its headquarters shall be in Tegucigalpa, Municipality of the Central District. It may create or establish regional offices in places where the need for its operation is established. The Institute's personnel shall be selected, in accordance with Regulation, following principles of suitability, efficiency, honesty and merit, and their remuneration and applicable legal status shall be fixed.

Law of Transparency and Access to Public Information

FUNCTIONS AND POWERS OF THE INSTITUTE OF ACCESS TO PUBLIC INFORMATION. The Institute, in the administrative order, shall apply and interpret the Law and this Regulation in accordance with the Principles set forth in Article 5 of this instrument; shall comply with and ensure compliance with the provisions on transparency and accountability contained in the Constitution of the Republic and treaties or international Conventions in force; and in complement to what is provided in the Law, it must:

• 1)

  Establish and review the criteria for classification, declassification, custody and purging of reserved and confidential information;

• 2)

  Regulate and, if appropriate, make recommendations to Obligated Institutions to ensure compliance with what is provided in Article 13 of the Law;

• 3)

  Guide and advise any person, without discrimination, regarding requests for access to information;

• 4)

  Provide technical support to Obligated Institutions in the preparation and execution of their information programs;

• 5)

  Prepare the formats for requests for access to information, as well as those for access and correction of personal data, without prejudice to what is established in this regard in article 20 of the Law;

• 6)

  Establish guidelines and general policies for the management, maintenance, security and protection of

  Law of Transparency and Access to Public Information personal data in the possession of Obligated Institutions;

• 7)

  Issue guidelines, resolutions and recommendations that shall be published by the Institute; The final resolutions that are issued in this regard by Obligated Institutions and that have become final shall be notified to the Institute, which shall make them public; 8- Design and put into operation the processes for the organization and functioning of the National System of Public Information and prepare a guide with uniform formats for integrating information subsystems and which shall also describe, in a simple manner, the basic general aspects of access procedures to information in Obligated Institutions, in particular the receipt, processing and resolution of requests for access to information, as well as to personal data and its correction; 9.- Promote and, if appropriate, execute training of servants of Obligated Institutions in matters of access to information and protection of personal data; 10.- Disseminate among public servants and private parties the benefits of public handling of information, as well as their responsibilities in the proper use and conservation thereof; 11.- Prepare and publish studies and research to disseminate and expand knowledge on the subject matter of the Law and this Regulation;

  Law of Transparency and Access to Public Information 12.- Cooperate, in a coordinated and methodical manner, with Obligated Institutions and their information access bodies, through the celebration of agreements or programs to promote the content of the Law and this Regulation; 13.- Establish mechanisms and measures so that Obligated Institutions can send to the Institute resolutions, criteria, requests, consultations, reports and any other communication through electronic means, whose transmission guarantees, as appropriate, the security, integrity, authenticity, reserve and confidentiality of information and generates electronic records of the corresponding sending and receipt; 14.- Instruct Obligated Institutions when they request it regarding the processes for proper classification of information, its declassification or the merits of granting access to it; 15.- Define and establish guidelines for strategic planning and institutional development and prepare the multiyear strategic plan; 16.- Approve the annual Operating Plan and its corresponding Budget project, monitor its compliance and evaluate its results; 17.- Prepare, approve, determine and publish the Manual of positions and salaries, and the labor statute applicable to public servants of the Institute.

  Law of Transparency and Access to Public Information 18.- Coordinate, with the National Anti-Corruption Council and with the Superior Court of Accounts, the exchange of information, the complementation of actions and a continuous evaluation and monitoring thereof in matters of transparency and accountability; 19.- Participate actively and in a coordinated manner in the fulfillment of the activities assigned to it in the Code of Ethical Conduct of Public Servants; 20.- The other powers and functions contained in the Law and this Regulation and others related and necessary to achieve the purposes of both legal systems.

PATRIMONY. The patrimony of the Institute shall be constituted by the following resources and assets: 1. The budgetary allocations appropriated in the General Budget of Income and Expenses of the Republic. The annual budget project prepared and approved by the Institute shall be included, by the Secretariat of State in the Office of Finance, in the General Budget Project of Income and Expenses of the Republic to be submitted for approval by the National Congress. The President or Presidents of the Institute shall submit to the consideration of the Plenary of Commissioners, no later than the thirtieth of July of each year, a draft annual budget and, once approved, shall send it, with due advance notice, to the Secretariat of State in the Office of Finance, with a copy to the Secretariat of State in the Office of the Presidency.

Law of Transparency and Access to Public Information The budget project of the Institute shall contain the allocations of resources needed to guarantee effective compliance with the Law and this regulation and for its efficient and effective functioning attending to the requirements of its Operating Plan for each fiscal year. The Presidency of the Republic, through the Secretariat of State in the Office of the Presidency acting as a liaison body, shall support the allocation of resources to the Institute that is necessary for the proper development of its functions. The General Treasury of the Republic shall accredit by advance quarterly periods the funds allocated to the Institute. The administration and execution of the budget are the responsibility of the Institute, which shall present a report on its execution to the National Congress and comply with the obligations established in the Organic Law of the Budget and its Regulation, and the Organic Law of the Superior Court of Accounts and its Regulations. 2. Resources derived from loans that are contracted or from Financial Cooperation Agreements of a national and international nature; 3. Inheritances, bequests and donations granted to it; and, 4. Aid provided by international cooperation agencies and States of the international community.

Law of Transparency and Access to Public Information

DISPOSITION OF FINANCIAL RESOURCES. The financial resources of the Institute may be deposited in any institution of the National Financial System. These resources shall be used to finance administrative, technical and promotional activities of a culture of transparency and openness of information, and projects that the Institute may have approved in a timely manner. No commitment may be entered into nor any disbursement made unless there is the corresponding budgetary allocation, nor authorize disbursements in contravention of internal normative provisions. Assets, funds or income derived from donations or transfers for specific purposes may not be used for other purposes than those previously determined. The Plenary may constitute reimbursable and rotating funds by determined amounts. CHAPTER III NATIONAL INFORMATION SYSTEM

NATIONAL SYSTEM OF PUBLIC INFORMATION. The subsystem that, in accordance with what is provided in Article 7. HUMAN AND TECHNICAL SUPPORT of this Regulation, must be organized and implemented by each Obligated Institution, shall form part of the subsystems linked by the set of rules, principles, procedures and mechanisms determined

Law of Transparency and Access to Public Information by the Institute. The National System of Public Information which shall be organized and operated following the guidelines and recommendations of the Institute shall have the purpose of integrating, systematizing, publishing and providing access to public information through all information subsystems. The Institute shall promote interactions among Obligated Institutions and the establishment of mechanisms for collaboration among themselves or with the Institute to comply with the obligations established in the Law, this Regulation and the guidelines and recommendations issued by the Institute, particularly with respect to transparency obligations, access to information procedures, personal data and the correction thereof, as well as the better performance of Public Information Officers. Public servants or private parties or those who represent non-governmental or private obligated institutions shall be responsible for the information they produce, manage, handle, file or conserve. The loss, destruction, alteration or concealment of public information and the documents in which it is contained shall be sanctioned as administrative infractions in accordance with the provisions on infractions and sanctions established in Chapter VI of the Law, without prejudice to what is provided in the Code of Ethical Conduct of Public Servants and civil and/or criminal responsibility. When the infraction is constitutive of a crime, the respective file shall be transferred to the Public Ministry, for the actions that may be appropriate.

Law of Transparency and Access to Public Information

INFORMATION TO BE DISSEMINATED OFFICIALLY. Obligated Institutions shall make available to the public the information referred to in article 13 of the Law, in the following manner:

• 1)

  The head of each Obligated Institution shall be the principal responsible for making said information available to the public;

• 2)

  The information, with indication of the date of its update, shall be placed on a website or, failing that, on another written means readily available for easy public and general access, visible from the main portal of the website or another appropriate place of the Obligated Institution, and shall also contain the electronic addresses, mailing addresses and telephone numbers of the Public Information Officer, of the authorized public servants and of the person responsible for the aforementioned website, as well as its link to the website of the National Public Information System. 3. The information shall be presented in a clear, complete and orderly manner, in such a way as to ensure its quality, veracity, timeliness and reliability.

OBLIGATION TO UPDATE INFORMATION. Obligated Institutions shall ensure monthly updating of the information indicated in article 13 of the Law unless this Regulation or other legal provisions establish shorter time periods. This information shall remain on the website and/or other available written means for at least the duration of its validity. The heads of the administrative units of the Obligated Institutions shall be responsible for providing to the Public Information Officers the corresponding modifications. The information referred to in numerals 1), 2), 11) and 19) of article 13 of the Law shall be updated within a period not exceeding ten business days from the date on which it underwent modifications.

RIGHT TO INFORM THE INSTITUTE REGARDING DENIAL OR DEFICIENT SERVICE. Members of the public may inform the Institute regarding the denial or deficient provision of service, as well as the failure to update a website or, failing that, any other written means of the Obligated Institution. The Institute may issue recommendations to ensure and improve said services, and shall endeavor that the interested party be informed accordingly. In case of non-compliance with said recommendations, the Institute shall apply the administrative sanctions that correspond, without prejudice to those established by the Code of Ethics for Public Servants and other laws.

INFORMATION REGARDING REMUNERATION OF PUBLIC SERVANTS AND REGARDING THOSE PERFORMING AD HONOREM FUNCTIONS AND ACTIVITIES. Regarding the information on remuneration of public servants referred to in numeral 7) of article 13 of the Law, Obligated Institutions shall publish the monthly remuneration of said public servants including the corresponding benefits for permanent personnel, trust personnel and those contracted by honorarium. Likewise, the departments and entities shall publish the roster of positions and salaries, the total number of positions and personnel by honorarium. The table of travel expenses and representation costs in each Obligated Institution shall also be included. In the case of dissemination of information regarding persons performing ad honorem functions or activities of the State referred to in numeral 8) of Article 3 of the Law, obligated institutions shall publish the respective Appointment Agreements, functions, time of service, access to State funds and resources, and any type of compensation in the form of per diems, travel expenses, costs or other considerations.

INFORMATION REGARDING BUDGETS AND BUDGET EXECUTION. The information relating to the budget of the departments and entities and the reports on its execution, referred to in numeral 8) of Article 13 of the Law, in addition to being published on its website or, failing that, on any other written means, shall be sent to the State Ministry of Finance to incorporate it into the Financial Administration System (SIAFI) and shall include, on its aforementioned website, a link to the website of the State Ministry of Finance where said information may be found equally.

PUBLICATION OF INFORMATION REGARDING CONCESSIONS, AUTHORIZATIONS AND PERMITS. Obligated Institutions shall publish on their websites or, failing that, on any other available written means, the information relating to concessions, authorizations and permits that they grant. Said information shall contain at a minimum the following:

• 1)

  The administrative unit that grants them;

• 2)

  The name of the natural person or the corporate name or trade name of the legal person that is the concessionaire, authorized party or permittee;

• 3)

  The object and term of the concession, authorization or permit. 4. The procedure followed for its granting in the case of concessions; and 5. The agreements modifying the concessions, specifying the elements referred to in the preceding numerals.

PUBLICATION RELATING TO CONTRACTS EXECUTED. Obligated institutions shall publish on their websites or, failing that, on any other written means of easy access, all procedures for the selection of contractors and the contracts executed, together with the information regarding acquisitions, leases, services, public works and services related thereto, detailing in each case:

• 1)

  The administrative unit that executed the contract;

• 2)

  The contracting procedure;

• 3)

  The name of the natural person or the corporate name or trade name of the legal person to which the contract was assigned;

• 4)

  The date, object, amount and time periods for compliance with the contract; and 5. The agreements modifying the contracts, where applicable, specifying the elements referred to in the preceding numerals. The aforementioned information shall be sent obligatorily for dissemination on the website of the State Normative Office of Contracting and Acquisitions (ONCAE).

PUBLICATION OF SUPERVISORY INTERVENTIONS. For compliance with the provisions of numeral 15) of Article 13 of the Law, the Superior Court of Accounts and the internal control bodies in the Obligated Institutions, within the scope of their respective competencies, shall publish the following information:

• 1)

  The number and type of audits to be conducted in the respective budgetary period;

• 2)

  The total number of observations determined in the audit results for each item subject to review; and,

• 3)

  The total of clarifications made by the obligated institution in response to audit results. The publication of information relating to external audits conducted on the Obligated Institutions shall be carried out by these institutions on their websites, or, failing that, on any other written means of easy access, in accordance with the provisions of this article. The results of audits, for purposes of their publicity, shall not contain information that may cause serious prejudice to the activities of verification of compliance with laws that relate to alleged responsibilities or other matters and, in general, that which has the character of reserved or confidential in the terms of the Law and this Regulation.

RESTRICTION OF ACCESS TO INFORMATION. In accordance with the Law and this Regulation, the exercise of the right of access to public information shall be restricted when expressly established by the Constitution, international treaties and laws compatible with them; said information has been classified as reserved or has been given a confidential character or contains confidential data; the information pertains to institutions and companies of the private sector not included among the Obligated Institutions. When in an initiative or bill for constitutional or legal reform restrictions to access to information are introduced, the Institute, bearing in mind the objectives of public order and social interest that the Law protects and the nature of basic human right of access to public information and the principles contained in article 5 of this Regulation, in coordination with the National Anticorruption Council as a supervisory body, shall make known of their own motion its opinion and recommendation to the Legislative Oversight Commission and shall record it in its report to the National Congress.

CLASSIFICATION OF INFORMATION AS RESERVED. Information whose dissemination may cause greater harm than the public interest of knowing about it may be classified as reserved, or when the disclosure of the information puts at risk or prejudices the goods or interests expressly indicated in Article 17 of the Law. For these purposes, the following shall be understood as:

• 1)

  State security: that which guarantees the integrity, stability and permanence of the State, governance, foreign defense and internal security of Honduras, without negatively affecting respect for, promotion and protection of the human rights of the people;

• 2)

  Humanitarian aid: The form of urgent solidarity assistance intended exclusively to save lives, relieve suffering and preserve human dignity during and after human or natural crises, as well as to prevent and strengthen preparations related to the eventual occurrence of such situations. Information on humanitarian aid may only be classified as reserved in the event that the donor is a natural or legal person of a private character who has expressly requested that their name not be disclosed. However, the Obligated Institution shall publish the amount and destination of that aid. Likewise, and in reference to the content of article 17 of the Law, the following aspects shall be observed: 1. Regarding numerals 3 and 4 of Article 17 of the Law, it includes information whose disclosure may cause serious prejudice to the activities of verification of compliance with laws, prevention or prosecution of crimes, administration of justice, collection of taxes and other levies, migration control, preliminary investigations, court files or administrative procedures conducted in the form of a hearing while the administrative or final jurisdictional resolution has not been issued, which must be documented. For the foregoing purpose, each file subject to reservation shall contain a reasoned ruling establishing such condition. 2. In the case of conducting negotiations and international relations, it includes all information from international organizations or from other States, received with a confidential character, by the State of Honduras. Everything that could violate norms contained in the Constitution of the Republic or in applicable Treaties is excluded. For the purposes of the application and compliance of this Article and Articles 16 and 17 of the Law, it shall be understood that the risks, damages or prejudices to the goods and interests indicated therein and that are alleged by the Obligated Institutions must be based on the existence of objective elements that demonstrate that access to the information has probability of causing specific, present and possible damage. The proof of such damage is the responsibility of the Obligated Institution that requests the classification of the information as reserved.

OTHER INFORMATION CLASSIFIED AS RESERVED. The following shall also be considered as reserved information:

• 1)

  That which by express provision of another Law is considered confidential, reserved, reserved commercial or confidential governmental;

• 2)

  Trade secrets, industrial, banking or other secrets considered as such by a legal provision; The character of reserved may not be invoked when it involves the investigation of serious violations of fundamental rights or crimes against humanity.

CLASSIFICATION PROCEDURE. In accordance with Article 18 of the Law, the head of any public body shall submit a petition to the higher ranking instance of the Obligated Institution, which shall send a copy of the petition to the Institute which shall proceed to examine it and, in case of finding that it does not respond to the hypotheses of Article 17 of the Law and Article 26 of this Regulation, shall resolve, making it known to the respective superior so that the latter denies the petition of the subordinate through the issuance of the corresponding Agreement. Any Classification Agreement issued in contravention of what was resolved by the Institute shall be null and void by full right. If the Institute approves the classification petition, the Obligated Institution shall issue the corresponding Agreement duly motivated, clearly explaining the factual and legal reasons on which it bases the classification of the information as reserved. The classification procedure may only be initiated at the moment when: a) The information is generated, obtained, acquired or transformed; or, b) A request for access to the information is received, in the case of documents that have not been previously classified.

CRITERIA AND GUIDELINES FOR CLASSIFICATION. The Institute shall establish the guidelines containing the criteria for the classification, declassification and custody of reserved and confidential information. Obligated Institutions may establish specific criteria when the nature or specialty of the information or of the administrative unit requires it, provided it is justified and does not contravene the guidelines issued by the Institute. Said criteria and their justification shall be communicated to the Institute and published on the website or, failing that, on an available written means of the obligated institutions, within the ten business days following their issuance or modification. When a file contains documents at the public's disposition and others classified as reserved, access shall be given and copies of those that are not classified shall be delivered. In the case of a document that contains reserved parts or sections, access shall be given and a public version shall be delivered in which the latter are omitted. The reproductions of the files or documents that are delivered shall constitute the corresponding public versions.

ORGANIZATION OF CLASSIFIED DOCUMENTS. Documents classified as reserved shall be organized in files with: numbered pages, index of documents, seal indicating the parts of the documents that have a reserved character, date of classification, its legal basis, the period of reservation, signature of the head of the obligated institution, date of approval by the Institute and a copy of the Classification Agreement. In addition to the foregoing, Obligated Institutions shall prepare and publish, as information that must be disseminated officially, the index of files classified as reserved. The index shall contain:

• 1)

  The subject of the information;

• 2)

  The date of approval by the Institute and of the classification; and 3. The period of reservation.

CUSTODY OF CLASSIFIED FILES. Files and documents classified as reserved shall be duly kept and preserved in accordance with the guidelines issued by the Institute. The heads of the Obligated Institutions shall follow these guidelines, ensure that they are adequate for the stated purposes and, where appropriate, adjust them to the specific requirements of their institution. Copies of the resolutions or agreements that, for this purpose, are adopted by the obligated institutions shall be sent to the Institute, which shall ensure that they are in accordance with its guidelines and, in any case, with the Law and this Regulation.

RESERVE PERIOD FOR INFORMATION. Information classified as reserved pursuant to Articles 16, 17, and 18 of the Law may retain such character, if the cause that gave rise to the reserve subsists, for a maximum period of ten (10) years. If said cause persists, the information may be exceptionally reclassified if the Obligated Institutions request it from the Institute, proving the subsistence of the causes that gave rise to its classification. When, in the judgment of an Obligated Institution, it is necessary to extend the reserve period of a file or document, it must submit the corresponding request to the Institute, duly grounded and motivated, at least three months prior to the expiration of the reserve period.

DECLASSIFICATION OF RESERVED INFORMATION. This information shall be declassified in any of the following cases:

• A)

  When the cause that gave rise to its classification has been extinguished;

• B)

  When the reserve period has elapsed;

• C)

  When the maximum period of ten years has elapsed in the event that such period was duly authorized. The availability of such information shall be without prejudice to what, in this regard, other laws may establish. The Courts of Justice shall have access to reserved or confidential information when it is indispensable to resolve a matter and has been offered in court proceedings. Declassification shall proceed when there is a judicial order, in which case it shall be limited to the specific case, under reserve of exclusive use in said case. This information must be maintained with that character and shall not be available in the judicial file. The Institute, in accordance with this Regulation, shall establish guidelines for the declassification of reserved information. When the reserve period concludes or the causes that gave rise to the reserve of information have disappeared, such information shall be public, protecting the confidential personal data contained therein.

PROHIBITION. Confidential personal data are of a highly personal character and, therefore, inalienable, non-transferable, and non-delegable, so no Obligated Institution shall provide or disclose them. CHAPTER IV EXERCISE OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION

REQUEST. The request for access to public information shall be presented in writing or by electronic means, clearly indicating the specific details of the information requested, without motivation or formality of any kind. This provision shall not authorize the requester to copy, in whole or in part, the databases. The exercise of the right of access to public information does not require accreditation of subjective rights, legitimate interest, or reasons that motivate the petition, except in the case of personal data. The Institute shall issue guidelines so that obligated institutions appropriately facilitate and support vulnerable persons or groups in the effective exercise of their right of access to public information. Every request or remedy for access to public information shall be free of charge. If the entity delivering the information incurs expenses for the reproduction of the documentation requested, it is authorized only to collect and receive the costs generated. The requester shall be responsible for the use, handling, and dissemination of the information to which they have access.

DELEGATION. Without prejudice to the provisions relating to the Public Information Officer in Article 7 (Human and Technical Support) of this Regulation, the heads of the obligated institutions, by agreement, shall delegate to their departmental and local representatives or other functionally appropriate officials, the handling of information requests, in order to guarantee the timely and decentralized provision of this public service. These agreements shall be published ex officio. Copies of these agreements shall be sent to the Institute and to the National Anti-Corruption Council.

RECEPTION OF REQUEST. The request shall be presented to the Public Information Officer or, as the case may be, to the person in charge of the Obligated Institution, or to its departmental and local delegates. It shall contain, at least, the following data: a. Identification of the public authority that possesses the information. b. The natural person requester must identify themselves with their name and identity card, passport, or resident card in the case of foreigners. If the requester is a legal entity, they shall establish, in addition to their legal existence, the sufficient power of who acts on their behalf. c. Clear and precise identification of the data and information required. d. Place or means to receive the requested information or notifications.

OBLIGATION TO ASSIST THE REQUESTER IN CASE OF INCOMPLETE REQUESTS. If the request does not contain all required data, the Obligated Institution shall inform the requester so that they may correct and complete the data; for this purpose, the person or requester shall have the support of the respective Public Information Officer or the person designated for that purpose. If the request is presented to an obligated institution that is not competent to deliver the information or does not have it because it is not within its jurisdiction, the receiving obligated institution shall communicate this to the requester, so that they may present said request to the Institution that corresponds.

OBLIGATION TO INFORM ON PROCEDURES IN OBLIGATED INSTITUTIONS. Obligated Institutions have the duty to provide simple and accessible information to the requesting person regarding the procedures and processes that must be carried out, the competent authorities or instances, the manner of carrying them out, and the way to complete the forms that may be required, as well as the offices before which one can go to request guidance or file complaints, inquiries, or claims regarding the provision of the service or the exercise of functions or competencies under the responsibility of the entity or person in question. Natural persons characterized as obligated in accordance with what is indicated in Article 3, paragraph 4 of the Law, shall be obligated to deliver the corresponding information through the obligated institution that supervises their activities.

DEADLINE FOR DELIVERING INFORMATION. Every request for information required in the terms of this Regulation must be satisfied within a period not exceeding ten business days. The deadline may be exceptionally extended for another ten days if circumstances make it difficult to gather the requested information. In such case, the Obligated Institution required must communicate to the requester, before the expiration of the ten-day period, the reasons for which it will use the exceptional extension, for which the following steps shall be observed:

• a)

  The decision to extend the deadline established by law for delivery of the information shall be notified to the requester before the original period of 10 business days expires.

• b)

  The notification shall be made by the same means that the requester established for the delivery of information, such as fax, electronic mail, and others.

• c)

  In the event that the delivery of information is established in person by the requester, the extension of the deadline shall be notified by means of a notice board posted at the General Secretariat or the Information Office or its equivalent, in charge of the Public Information Officer.

ACCESS TO INFORMATION BY JOURNALISTS. Journalists shall enjoy special protection and support in the exercise of their profession, with no more restrictions than those contemplated in the Law, this Regulation, and other applicable laws. The right of access to public information shall not be invoked, in any case, to demand the identification of journalistic sources within the organs of the public sector, nor the information that supports journalistic investigations and information that have been duly published and that exist in the archives of media companies, except in the cases provided for in the Law. CHAPTER V PERSONAL DATA

OBLIGATED INSTITUTIONS RESPONSIBLE FOR CUSTODY OF PERSONAL DATA. Without prejudice to what other laws may provide regarding the protection of data and processes and confidentiality of personal data and information provided by private parties to the State under reserve, Obligated Institutions shall be responsible for confidential personal data and confidential information, and, in relation to these, shall:

• 1)

  Adopt appropriate procedures to receive and respond to requests for access and correction of data, as well as train public servants and make known information about their policies relating to the protection of such data, in accordance with the guidelines that the Institute shall establish in this regard;

• 2)

  Process personal data only when these are adequate, pertinent, and not excessive in relation to the purposes for which they were obtained;

• 3)

  Make available to the public, from the moment personal data are collected, the document in which the purposes for their treatment are established, following the guidelines that the Institute shall establish;

• 4)

  Ensure that personal data are accurate and up-to-date;

• 5)

  Substitute, rectify, or complete, ex officio, personal data that are inaccurate, either wholly or partially, or incomplete, at the moment they become aware of this situation; and 6. Adopt the necessary measures that guarantee the security of personal data and prevent their alteration, loss, transmission, and unauthorized access.

DATABASES OF PERSONAL DATA AND CONFIDENTIAL INFORMATION. Natural or legal entities that, by reason of their work, create databases of personal data and confidential information, may not use them without the prior consent of the person to whom the information refers. In any case, no one shall be obligated to provide information containing personal data or confidential information. Obligated Institutions that possess, by any title, systems or databases of personal data, shall make this known to the Institute, which shall maintain an updated list of such systems or databases. The Institute may receive complaints regarding abuses in the collection of information containing personal or confidential data. The Institute shall impose corrective measures and establish recommendations to those who violate the unauthorized disclosure of personal and confidential data.

PROHIBITION ON DISSEMINATION AND COMMERCIALIZATION OF PERSONAL DATA. Obligated Institutions may not disseminate, distribute, or commercialize, nor permit access to personal data contained in information systems developed in the exercise of their functions, except when express written direct or authenticated consent of the persons to whom the information refers has been obtained.

CASES IN WHICH AUTHORIZATION IS NOT NECESSARY TO ACCESS PERSONAL DATA. Consent of individuals shall not be required to provide personal data in the following cases:

• 1)

  Those necessary for statistical, scientific, or general interest reasons provided for in law, prior procedure by which personal data cannot be associated with the individual to whom they refer;

• 2)

  When transmitted between Obligated Institutions, provided that the data are used for the exercise of attributions and functions inherent to them;

• 3)

  When there is a judicial order;

• 4)

  To third parties, when contracting the provision of a service that requires the processing of personal data. Such third parties may not use the personal data for purposes other than those for which they were transmitted; and 5. In the other cases established by law.

ACCESS TO PERSONAL DATA. Without prejudice to what other laws may provide, only the interested parties or their representatives, upon accreditation, may request that an Obligated Institution provide them with the personal data that exist in a personal data system. That institution shall deliver to them, within a period of up to ten business days counted from the presentation of the request, in a format comprehensible to the requester, the corresponding information, or else shall communicate to them in writing that said personal data system does not contain those referred to in the requester. The delivery of personal data shall be free of charge, with the requester being required to cover only the expenses of reproduction or delivery.

REQUEST FOR MODIFICATION OF ERRONEOUS PERSONAL DATA. Interested persons or their representatives may, after accreditation, request that the corresponding Obligated Institutions modify their data that exist in any personal data system. For this purpose, the interested party shall deliver a modification request to the Obligated Institution, indicating the personal data system, specifying the modifications to be made, and providing documentation that supports and justifies their request. The Obligated Institution, within a period of 30 business days from the date of presentation of the request, shall deliver to the requesting party a communication documenting the modifications or shall inform them, in a well-founded and reasoned manner, of the reasons why the modification does not proceed.

INDEFINITE PERIODS OF RESTRICTION ON ACCESS TO INFORMATION. Confidential personal data and confidential information established in numerals 7) and 9) of Article 3 of the Law shall not be subject to expiration periods and shall have that character indefinitely, except when there is express consent from the information holder or a written order issued by competent authority. This does not apply to sealed bids in contests and public bids, which shall be public from the moment of their opening.

DELIVERY OF CONFIDENTIAL INFORMATION BY PRIVATE PARTIES. Private parties that deliver to Obligated Institutions confidential information that complies with what is established in Article 3, numerals 7) and 9) of the Law, shall designate the documents or sections thereof that contain such confidential information, as well as the basis upon which they consider it to have that character.

REQUEST FOR ACCESS TO CONFIDENTIAL INFORMATION. When an Obligated Institution receives and considers pertinent a request for access to a file or document containing confidential information, it may request authorization from the information holder to deliver it, who shall have ten business days to respond from the corresponding notification. The silence of the person requested shall be considered as a denial. The Obligated Institution shall provide access to the public versions of the files or documents referred to in the preceding paragraph, in which the documents or the parts or sections thereof containing confidential information shall be omitted, even in cases in which the information holder has not been requested to grant their consent or a express or tacit denial is obtained.

PROHIBITION ON DELIVERY OF INFORMATION. No person may compel another to provide personal data that could give rise to discrimination or cause damages or risks to the patrimonial or moral interests of persons.

REMEDIES. The requesting party to whom, by means of a resolution of the Obligated Institution, the denial of their request for access to information or the non-existence of the requested documents has been notified, or when it has not been resolved within the time and manner established in Articles 21 and 26 of the Law, or when it has been done incompletely or for reasons provided in Article 52 (grounds) of this Regulation, may file, in writing or electronically, by themselves or through their representative, the remedy for review of the resolution or of the absence of such resolution, before the Institute, within the ten business days following the date of notification or, in its absence, of the occurrence of the other grounds previously indicated. The requesting party may request, in their written document, the application of the sanctions contemplated in the Law against public servants or private parties who act in contravention thereof. The Institute shall require the Obligated Institution that issued the denial to remit the background information within three business days following this request. Likewise, in case the legal period for delivering it has expired, it shall require the Obligated Institution to immediately deliver the requested information. In both cases, advising it that if it does not do so, it shall incur the sanctions established in the Law and this Regulation. The ten-day period for the Institute to issue the respective resolution shall be interrupted by the passage of the periods granted to the Obligated Institutions for the remission of the background information already described.

GROUNDS. The Remedy for Review before the Institute proceeds when:

• 1)

  The authority to which the information request was presented refused to receive it or has not resolved it within the period established in the Law;

• 2)

  The requested information or the generation of public information has been denied by the Obligated Institution;

• 3)

  The information is considered incomplete, altered, or supposedly false, or does not correspond to what was requested. 4. The agency or entity fails to deliver to the applicant the requested personal data, or does so in an incomprehensible format; 5. The agency or entity refuses to make modifications or corrections to personal data;

JURISDICTION. The Institute is competent to hear, process, and resolve remedies for review of the denial of delivery of information, presented in accordance with what is provided in the Law and in this Regulation. Against the resolution of the Institute, only the remedy of amparo shall proceed in accordance with the Constitutional Justice Law.

REQUIREMENTS OF THE REQUEST FOR REVIEW. The written document filing the remedy for review shall contain:

• 1)

  The agency or entity to which the request was presented;

• 2)

  The name of the appellant and of any interested third party, as well as the address or means designated for receiving notifications;

• 3)

  The date on which they were notified or became aware of the challenged act;

• 4)

  The act being appealed and the claims being made;

• 5)

  A copy of the respective request for access to public information, with proof of presentation to the Obligated Institution;

• 6)

  Any other elements deemed appropriate to submit to the Institute. In any case, the Institute shall remedy of its own motion the deficiencies of the requests for review filed.

PROCEDURE FOR RESOLVING THE REMEDY FOR REVIEW. The Institute shall process the remedy for review in accordance with the following guidelines: 1. The remedy shall be filed before the General Secretariat of the Institute, which shall admit it and structure the corresponding file, which shall be assigned to a Reporting Commissioner who, within the following 5 business days, shall prepare and present a draft Resolution to the Plenary; for this purpose, the Reporting Commissioner shall determine the investigations, reports, and proceedings deemed necessary. 2. Once the Project of Resolution referred to in the preceding numeral is received, the Plenary of the Institute may determine the holding of hearings with the parties; likewise, the Institute may request additional information from the Obligated Institution for purposes of achieving a better study of the remedy; the periods used for the practice of these proceedings shall interrupt the passage of the 10 business day period established in Article 26 of the Law and Article 51, final paragraph, of this Regulation. 3. The Institute shall cure, during the procedure, the deficiencies in the request to the benefit of the appellant and shall ensure that the parties can present, orally or in writing, the arguments that support and justify their claims, as well as formulate their arguments; 4. By request of the interested party, other additional documents and writings may be received electronically; 5. The Plenary shall resolve, definitively, within the period established in Article 26 of the Law and Article 51 of this Regulation; and 6. The deliberations and resolutions of the Plenary shall be made in public hearings, and the resolutions shall be subject to maximum disclosure. When there is justified cause, the Plenary of the Institute may exceptionally extend, for one time and for a period equal to the original, the periods established in numerals 1) and 5) of this Article, in accordance with what is established in the final paragraph of Article 84 of the Administrative Procedure Law, notifying the appellant of such circumstance. Reserved or confidential information that, if applicable, is requested by the Institute as indispensable for resolving the matter shall be maintained with that character and shall not be available in the file.

RESOLUTION OF THE REMEDY FOR REVIEW. The resolutions of the Institute may:

• 1)

  Revoke or modify the decisions of the Obligated Institution and order it to allow the applicant access to the requested information or personal data, to reclassify the information, or to modify such data;

• 2)

  Deny the remedy as improper or grant it;

• 3)

  Confirm the decision of the Obligated Institution. The resolutions, which shall be in writing, shall establish the periods for their compliance and the procedures to ensure execution. When during the processing of the procedure the Institute determines that some public servant or private party could have incurred responsibility, it shall inform the head of the Obligated Institution thereof so that it may initiate, if applicable, the corresponding responsibility procedure.

IMPROCEDENCE OF THE REMEDY FOR REVIEW. The remedy shall be denied as improper when:

• 1)

  It is presented after the ten business day period following the date of notification of the denial or after the period in which it should have been issued has elapsed;

• 2)

  The Institute has previously heard the respective remedy and resolved it definitively;

• 3)

  A resolution is appealed that has not been issued by an Obligated Institution.

RECONSIDERATION OF CONFIRMATION OF DENIAL. If, after the Institute's resolution confirming the denial by an Obligated Institution, the causes that motivated the reservation disappear or the Obligated Institution continues not generating public information within its competence, the affected person may request before the same Institute that it reconsider that resolution. Such request for reconsideration shall be resolved within ten business days following the date of its filing.

SEVERITY OF ADMINISTRATIVE VIOLATIONS. To determine as serious the administrative violations contemplated in Article 27 of the Law, the following shall be taken into account:

• 1)

  Acting with negligence, fraud, or bad faith in the processing of requests for access to information or in the dissemination of information that Obligated Institutions must supply;

• 2)

  Intentionally denying information not classified as reserved or not considered confidential in accordance with the Law; and, 3. Intentionally delivering incomplete information required in a request for access or failing to generate public information within the scope of its competence.

APPLICATION OF SANCTIONS. The Institute of Access to Public Information shall be responsible for applying sanctions for administrative violations not constitutive of crimes, in the manner contemplated in Articles 27 to 29 of the Law. In cases in which written reprimand, suspension, or dismissal is appropriate, the Institute shall require the Obligated Institution to immediately apply such sanctions.

REPORTING OF CRIMINAL ACTIONS. When in the exercise of its functions, the Institute becomes aware of the possible commission of an unlawful act, it shall inform the Public Ministry so that, as appropriate, the respective action may be initiated. Of this action, it shall send a copy to the National Anticorruption Council for its due follow-up.

DUE PROCESS. The sanctions determined in the Law shall be applied in strict adherence to the due process norms established in the Constitution of the Republic and in the vigorous international Treaties on Human Rights.

AMOUNT OF FINES. The Institute shall elaborate a Sanctions Regulation that shall regulate the amount of fines, in accordance with the seriousness of the administrative infractions and the scale established in Article 28 of the Law. The execution of the aforementioned fines shall be the responsibility of the General Procuracy of the Republic.

START OF STATUTE OF LIMITATIONS FOR LIABILITY. In the case of actions or omissions by public servants of the obligated institutions that imply violation of the Constitution of the Republic, the Law or international Treaties regarding access to information, the statute of limitations for civil and criminal liability thereof shall be that indicated in Article 325 of the Constitution of the Republic, which shall commence to run from the date established in the aforementioned constitutional article.

OVERSIGHT BODY. To guarantee the effective exercise of the right of access to Information by the citizenry and compliance by the Obligated Institutions to provide public information, the National Anticorruption Council (CNA) shall act as the Oversight Body responsible for ensuring the correct application of the Law, for which purpose it shall have access to those institutions and to the information, in the terms indicated in Article 30 of the Law, without prejudice to the functions expressly recognized in the Law of the National Anticorruption Council. The Institute shall collaborate with the National Anticorruption Council (CNA) so that it fulfills the function of oversight body. For this purpose, the Institute shall inform it of the complaints and review requests submitted to it; it shall send a copy of the semi-annual reports it submits to the Presidency of the Republic and the National Congress, and shall enter into with the CNA, the agreements and arrangements that are necessary for the follow-up and evaluation of compliance with the Law, as well as for programs of dissemination of the content of the Law and of this Regulation. The National Anticorruption Council shall monitor and follow up on the effective application of the sanctions imposed by the Institute. The CNA shall ensure compliance with the promotion and training activities regulated in Article 8 and in numerals 10, 11, 12, and 13 of Article 12 of this Regulation, and the obligated institutions shall send it a report of the programs as well as their implementation. Without prejudice to periodic information to Civil Society, the National Anticorruption Council, in its annual report to the National Congress, shall include matters concerning compliance with its functions as Oversight Body, as well as the difficulties that impede the correct application of the Law, proposing ways to overcome them.

LEGISLATIVE FOLLOW-UP COMMISSION. The Institute and the National Anticorruption Council shall collaborate with the Special Commission for Follow-up of the Law, providing all information necessary for the performance of its work and ensuring that the Obligated Institutions submit, to said Commission, the quarterly reports referred to in Article 31 of the Law.

NATIONAL ARCHIVE SYSTEM. In accordance with the powers conferred upon it by Article 11, numerals 2) and 3) of the Law, the Institute shall support the National Archive regarding the formation and protection of the documentary holdings of the Nation. To that end it shall enter into the necessary agreements with the National Archive and with the other Obligated Institutions to strengthen the cultural and historical heritage of Honduras.

GUIDELINES FOR ARCHIVE PRESERVATION. The Institute, in coordination with the National Archive, shall issue, by means of an Agreement, the guidelines that contain the criteria for the organization, preservation and adequate functioning of the archives of the Obligated Institutions.

SPECIFIC CRITERIA FOR ARCHIVE ORGANIZATION. When the specialty of the information or of the administrative unit so requires, the Obligated Institutions shall establish specific criteria for the organization and preservation of the archives of the departments and entities, provided that the guidelines issued in accordance with the previous article are not contravened. Such criteria and their justification shall be communicated to the Institute and published on the website of the Obligated Institutions, within ten business days following their issuance or modification.

INTEGRATION OF SUBSYSTEMS INTO THE NATIONAL ARCHIVE SYSTEM. Every document in the possession of the Obligated Institutions shall form part of the respective archive subsystem which shall be integrated into the National Archive System, in accordance with the procedures established by common agreement between the Institute and the National Archive of Honduras. Said National System, as an ordered and linked set in accordance with the regulations issued by the National Archive of Honduras, shall be constituted with the set of subsystems and shall include at least, the processes for registration or capture, description from the general group, subgroup and file, archive, preservation, use and final disposition, among others that may be relevant.

SUPPORTING DOCUMENTATION. The acts and procedures that, in relation to the requests for information formulated, are in process in the Obligated Institutions, as well as the final resolutions adopted by them, shall have the documentation that supports them.

PROGRAM AND GUIDE FOR ARCHIVE ORGANIZATION. In accordance with the guidelines of the Institute and with the procedures agreed upon between the Institute and the National Archive of Honduras referred to in this Regulation, the Obligated Institutions shall elaborate a program that shall contain a simple guide of the organization of the archives of the department or entity, for the purpose of facilitating the obtaining and access to public information. Said guide shall be updated annually and shall include the necessary measures for safekeeping and preservation of the archives.

PURGE. When five or more years have elapsed since custody or preservation or because it is considered that the public information, including that classified as reserved, which has been obtained, captured or generated in the course of the performance of its functions, has lost administrative, legal, historical and institutional value, the Obligated Institution, prior notification to the Institute, shall proceed to its transfer to the National Archive to submit it to the purge process that the General Archives Law shall determine, in due course. This rule does not apply to information classified as reserved, which may only be purged one year after the expiration of the period during which it was kept in reserve. The Institute, the Obligated Institution and the National Archive shall inform, and maintain lists of the information that will be destroyed and that has been destroyed.

PROHIBITION ON DESTROYING INFORMATION. In no case may an Obligated Institution destroy a document that should be under its custody; if it does so, in addition to administrative and civil liability, it shall incur in a crime in accordance with criminal law.

ACCESSORY RIGHT. In accordance with what is established in Articles 1, 3 and 33 of the Law, the right of access to public information does not prejudice, limit or substitute the right to be present at or observe the acts of public administration, as well as to receive information in all institutions that meet the requirements established to be considered as Obligated Institutions, even though they may not have been expressly mentioned in Article 3, paragraph 4) of the Law.

COMPLIANCE WITH THE LAW. The Institute, as the guarantor body of transparency and access to public information, shall verify and issue resolutions so that Obligated Institutions that have not yet disseminated the information ex officio to which they are obligated, shall comply with this obligation within the term of thirty business days following the date of entry into force of this Regulation and, in case of omission or non-compliance, shall consider it as a serious infraction for the purposes of imposing the corresponding administrative sanction. The National Anti-Corruption Council shall also ensure that Obligated Institutions comply with that unavoidable responsibility of ensuring the effectiveness of free access to information in the manner established by the Law and this regulation.

ELECTRONIC SYSTEM. The Presidency of the Republic shall promote and, where appropriate, provide the necessary support for Obligated Institutions to implement the web portal and the electronic setup of the National Information System in accordance with the technical specifications to be determined by the Institute.

SPECIAL STATUS OF THE INSTITUTE. The special status of the Institute established in article 38 of the Law, in relation to the responsibility of fulfilling the obligations that, in specific matters of transparency and accountability, the State of Honduras has undertaken in the Inter-American Convention Against Corruption and the United Nations Convention Against Corruption, shall be fulfilled by monitoring compliance with them in each one of the State Institutions. For this purpose, the Institute shall inform each one of the State institutions of the manner and deadlines in which these obligations must be fulfilled. The Institute shall prepare an annual report on compliance by the State of Honduras with the obligations, in specific matters of transparency and accountability, undertaken in both Conventions and shall send it to the Superior Audit Court, with a copy to the National Anti-Corruption Council, so that it is incorporated in the global information that said Superior Court submits to the analysis of the Follow-up Mechanism for the Implementation of the provisions of the Inter-American Convention Against Corruption, as well as to the follow-up mechanism with regard to the United Nations Convention Against Corruption.

SUPPLEMENTARY RULES. In matters not provided for in the Law and this Regulation and in harmony with the purpose thereof, the following shall be applied, among other legal instruments, and to the extent applicable: International Conventions on the subject matter, the Code of Ethical Conduct for Public Servants, the General Law of Public Administration, the Administrative Procedure Law, the Administrative Simplification Law, and the general principles of Administrative Law, in accordance with the provisions indicated in article 5 of this Regulation.

PUBLIC INFORMATION GENERATED BEFORE THE ENTRY INTO FORCE OF THE LAW. With regard to requests for access to public information generated before the entry into force of the Law, the provisions thereof shall apply, without prejudice to the provisions established in International Treaties on Human Rights and Freedom of Expression, and without further restrictions than those expressly established by the said Treaties. This Regulation shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". SECOND ARTICLE: Transcribe this Agreement to each one of the members of the Board of the Institute, to the Legal Management and General Secretariat thereof, and effect the corresponding referral for its publication in the Official Gazette "La Gaceta". THIRD ARTICLE: This Agreement is of immediate execution, Given in Tegucigalpa, Municipality of the Central District, at the Institute of Access to Public Information (IAIP), on the third day of the month of March of two thousand eight. BE IT KNOWN. (Signed) ELIZABETH CHIUZ SIERRA COMMISSIONER PRESIDENT GILMA AGURCIA VALENCIA COMMISSIONER ARTURO ECHENIQUE SANTOS COMMISSIONER IRIS RODAS GAMERO GENERAL SECRETARY