Law of the Diplomatic and Consular Service of Honduras

Authorize the Honduran Telecommunications Enterprise (HONDUTEL), and the Office of the Attorney General of the Republic, to transfer to the State of Honduras, in favor of the Secretariat of State in the Office of Education, to be utilized by the José Cecilio Baide Kindergarten, of the municipality of El Paraíso, department of El Paraíso, a real property located in the second block of the Municipal Alcaldía and registered under number 90, of Volume 54 of the Property and Mercantile Registry of the Department of El Paraíso of that territorial jurisdiction, with Cadastral Key number LG224Q-41-08.

This Decree shall be in effect as of the day of its publication in the Official Gazette. Given in the City of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of April of two thousand thirteen. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., May 31, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARIAT OF STATE IN THE PRESIDENTIAL OFFICE. MARÍA ANTONIETA GUILLÉN VÁSQUEZ DECREE No. 80-2013 The National Congress: WHEREAS the international system has presented unusual dynamism and uncertainty for some years due, in large part, to the aggravation of security problems that threaten the very existence of States and their democratic institutions, the globalization of economies, markets and the problems circulated by the migratory phenomenon, all of which requires the definition of a State policy in a strategic plan applied by competent diplomatic professionals. WHEREAS given the complexity of the international problems of the Twenty-first Century, Honduras urgently needs to professionalize its Diplomatic and Consular Service as an indispensable instrument to execute with accuracy, experience, efficiency and effectiveness the policy of Honduras' international relations. WHEREAS the provisions of the current Foreign Service Law, contained in Decree No. 82-84 dated May 21, 1984, as well as its reforms stipulated in Decree No. 67-86 of May 16, 1986 and in Decree No. 194-97 of December 17, 1987, require adaptation to the postulates of the Vision of Country Law and National Plan. THEREFORE: DECREES: The following: LAW OF THE DIPLOMATIC AND CONSULAR SERVICE OF HONDURAS CHAPTER I SCOPE OF APPLICATION

This Law is the legal instrument for the application of Honduras' Foreign Policy, to contribute to the preservation of sovereignty and national security, to maintain and ensure peace, political stability and the economic and social prosperity of all its inhabitants, which shall be executed through the Secretariat of State in the Office of Foreign Affairs. Likewise, it is the instrument that allows it to regulate the organization and functioning of the Diplomatic and Consular Service of Honduras, in accordance with national interests and in accordance with the norms and principles established in the Constitution of the Republic, its laws, and international treaties and agreements.

This Law, in accordance with what is established in Decree No. 286-2009 dated January 13, 2010, containing the Law for the Establishment of a Vision of Country and the Adoption of a National Plan, has as its fundamental objective the positive insertion of Honduras in the international community and the harmonization of foreign relations with the priorities of national policy.

The Secretariat of State in the Office of Foreign Affairs, under the authority and direction of the President of the Republic, is responsible for proposing, guiding, coordinating, supervising, formulating and executing Honduras' Foreign Policy and administering the Diplomatic and Consular Service of the Republic.

For the purposes of this Law, the following shall be understood as:

• 1)

  The Secretariat: The Secretariat of State in the Office of Foreign Affairs;

• 2)

  Secretary of State: The Secretary of State in the Office of Foreign Affairs;

• 3)

  Undersecretary of State: One of the Undersecretaries of State in the Office of Foreign Affairs;

• 4)

  Embassy: The Diplomatic Mission of Honduras accredited before another State;

• 5)

  Consular Office: The office in charge of consular affairs and consular protection;

• 6)

  Permanent Mission: The representation of Honduras accredited before an international organization;

• 7)

  Head of Mission: The holder of an Embassy, a Permanent Mission or a Consular Office;

• 8)

  Consular Section: The office of an Embassy that performs consular functions;

• 9)

  Diplomatic and Consular Service: The officials and public servants who work in the Secretariat, the Embassies, Permanent Missions and Consular Offices, incorporated or not into the Diplomatic Service;

• 10)

  Career Diplomatic and Consular Service: The officials and public servants incorporated into the Diplomatic Service who work in the Secretariat, the Embassies, Permanent Missions and Consular Offices;

• 11)

  Foreign Service: The officials and public servants who work in the Embassies, Permanent Missions and Consular Offices of Honduras, whether or not on the Service;

• 12)

  Internal Service: The officials and servants who work in the Secretariat, whether or not on the Service;

• 13)

  Salary: It is the only monthly remuneration that the State, through the Secretariat, must pay the official for his performance in the Internal Service or in the Foreign Service;

• 14)

  Monthly allowance: That which is granted monthly to the official while exercising a position in the Foreign Service, in compensation for his performance, calculated in accordance with the Comparative Factor established by the Secretariat and which does not form part of his salary;

• 15)

  Operating Expenses: Those resources intended exclusively to cover expenses directly linked with the operation of the Embassies, Permanent Missions and Consular Offices;

• 16)

  Representation Expenses: Those that have a direct relationship with the mission or position held by an official and that do not constitute a salary supplement, determined in accordance with what is established in the General Provisions of the Budget;

• 17)

  Assimilated Officials: Those appointed in the Embassies, Permanent Missions and Consular Offices at the proposal of other dependencies of the Public Administration, charged to their own budget, and under the authority of the Head of Mission;

• 18)

  Diplomatic and Consular Service: The record of Officials of the Career Diplomatic and Consular Service in active service, availability or retirement status;

• 19)

  Service and Consular Commission: The one in charge of studying and proposing the incorporations and promotions of officials and public servants in the Diplomatic Service; and,

• 20)

  Academy: José Cecilio del Valle Diplomatic Academy.

The Secretariat shall contribute, within the scope of its powers, so that the fundamental objectives of Decree No. 286-2009 dated January 13, 2010 containing the Law for the Establishment of a Vision of Country and the Adoption of a National Plan have the appropriate international dimension and shall advance the strategies and programs necessary to achieve them, through the attainment of its specific objectives such as: A proactive, effective and preventive foreign policy and a modern, ethical and pragmatic organization.

The Secretariat has as its mission, in accordance with its competence, to preserve and strengthen the sovereignty and independence of Honduras, guaranteeing the national interests, the objectives and the security of the Nation, without formulating, deepening and broadening political, economic, cultural and cooperation relations with all countries of the world, in favor of the integral development of the Honduran population, promoting and fostering the expression of national identity and the image of Honduras.

The Secretariat shall develop as its own the respect, dissemination and defense of the principles of non-intervention and self-determination of peoples, the promotion of Honduras' interests in a context of peace and respect for international law, based on co-responsibility between the government and the diverse social actors, ensuring a deep bond with communities of Hondurans abroad to defend effectively and efficiently their rights and interests.

The Secretariat has as its vision to guide and energize its orthodox activity and coordinate diplomatic and consular efforts to promote bilateral and multilateral relations through investment, commerce, tourism, international cooperation, the economy, job creation, eradicate poverty, promote citizen security, permanent respect for human rights and combat the scourges of transnational organized crime.

The Embassies and Permanent Missions depend directly on the Secretariat and only to it corresponds the transmission of orders and instructions to them. When appropriate, the Consular Offices shall receive orders and instructions from the Embassy to which they are attached. CHAPTER II OF THE DIPLOMATIC AND CONSULAR SERVICE SECTION ONE OF THE FUNCTIONS OF THE FOREIGN SERVICE

It corresponds to the Foreign Service of the Republic the following functions:

• 1)

  Represent the State of Honduras;

• 2)

  Protect and promote national interests before the receiving States and in the international organizations of which Honduras is a member State;

• 3)

  Protect the rights and dignity of Hondurans abroad, in accordance with national legislation and the principles and norms of International Law;

• 4)

  Maintain, promote and foster relations of friendship and cooperation with the receiving State, in the political, security, economic, commercial, investment, tourism, scientific and cultural areas;

• 5)

  Intervene, negotiate, execute and denounce treaties and agreements, in accordance with the instructions of the Secretariat. When these deal with matters that are the competence of other Secretariats of State and institutions, the Secretariat shall be the official channel for their achievement;

• 6)

  Disseminate information for better knowledge of national identity and the promotion of the country's image, in support of other Secretariats and Institutions of the State;

• 7)

  Inform the Secretariat of political, economic and other events that may be considered of interest to Honduras;

• 8)

  Participate in accordance with our country's international agenda, in regional, continental and world initiatives that tend toward the maintenance of democracy, peace, human rights, international security and development cooperation;

• 9)

  Support Honduras' special missions in the fulfillment of their official functions abroad;

• 10)

  Contribute to the economic and cultural insertion of Honduras abroad;

• 11)

  Assume, subject to the disposition of the Secretariat and in accordance with the norms of International Law, the temporary protection of the rights and interests of a third State and its nationals;

• 12)

  Perform the functions that the Law and its regulations attribute to it; and,

• 13)

  Comply with the other instructions of the Secretariat, in accordance with the Law. SECTION TWO OF THE PERSONNEL OF THE FOREIGN SERVICE

The Foreign Service shall be integrated as a body of officials professionally trained to exercise with competence the diplomatic and consular representation, to safeguard national sovereignty, to assist Hondurans abroad and to promote the national interests of the Republic of Honduras abroad.

The officials and public servants of the Foreign Service of Diplomatic category are located in the following ranks:

• 1)

  Ambassador;

• 2)

  Minister;

• 3)

  Minister Counselor;

• 4)

  Counselor;

• 5)

  First Secretary;

• 6)

  Second Secretary;

• 7)

  Third Secretary; and, 8) Attaché.

The officials and servants of the Foreign Service of Consular category are located in the following ranks:

• 1)

  Consul General;

• 2)

  Consul;

• 3)

  Vice Consul;

• 4)

  Consular Agent; and, 5) Consular Attaché.

At the request of the Secretariat, officials and public servants of the Foreign Service of Diplomatic category may perform consular functions in accordance with the following equivalencies:

• 1)

  Minister Counselor: Consul General;

• 2)

  Counselor: Consul;

• 3)

  First Secretary: Vice Consul;

• 4)

  Second and Third Secretary: Consular Agent; and,

• 5)

  Attaché: Consular Attaché.

For the different areas related to diplomatic and consular functions, the Secretariat may accredit officials and public servants with the rank of Attachés, when permitted by the receiving State. These shall act as technical advisors in different specializations, shall be subject to the authority of the Head of the Mission, and shall enjoy diplomatic or consular status insofar as they perform such functions. In no case may Attachés be incorporated into the Diplomatic Career Service.

Assimilated public servants and officials are those appointed by the Secretariat at the proposal of other Public Administration agencies, charged to their respective budgets. Such personnel shall be accredited with the rank determined by the Secretariat and their assimilation to the Foreign Service shall have effect only during the time they perform said office.

When necessary for the better performance of diplomatic or consular functions, the Secretariat may authorize, within the limits of the appropriation for Operating and Representation Expenses, the hiring of technical, administrative, security, cleaning service, maintenance, and driver personnel. This personnel, which must be a resident of the receiving State, shall be hired by the Head of the Mission respecting the national legislation of that country and always within the budgetary limits of operating and representation expenses allocated to the Mission. The contracts executed by the Head of the Mission, regardless of nationality, must terminate, without exception, on December 31 of each year, and controversies that may arise from the contracts must be resolved in accordance with the pertinent legislation.

In the exercise of his constitutional authority, the President of the Republic has the power to appoint persons not incorporated in the Diplomatic and Consular Career Service, up to twenty percent (20%) of the total number of Heads of personnel. Such appointments shall be made on the basis of criteria of professional capacity, work experience, probity, and good conduct.

Honorary Consuls may also be appointed when necessary and when permitted by the receiving State. The area in which the jurisdiction would be exercised must have a significant Honduran population or an economic or political interest of special relevance for Honduras. The person designated must be prominent in their community, enjoy an excellent reputation, and offer the facilities for the operation of an Ad honorem Consular Office.

The Secretariat shall evaluate annually, in accordance with national interests and the General provisions of the General Budget of Income and Expenses of the Republic in effect, all aspects related to Foreign Service personnel, as well as the scope of representation and category of Embassies, Permanent Missions, and Consular Offices, in accordance with the Law. This categorization constitutes classified information, in accordance with the provisions established in Article 17, numeral 1) of the Law of Transparency and Access to Public Information. THIRD SECTION OF AMBASSADORS AND CONSULS GENERAL

The Secretary of State shall present to the President of the Republic the list of officials and public servants incorporated into the Diplomatic and Consular Career Service with their respective annual evaluation, for the selection and qualification of Ambassadors and Consuls General, in accordance with the Position Profile Manual of the Foreign Service.

Appointments in the Foreign Service shall be made on the basis of relevant merits, in addition to the following requirements:

• 1)

  To be Honduran by birth;

• 2)

  To be over 25 years of age;

• 3)

  To be in the full enjoyment of civil and political rights;

• 4)

  To possess a university degree from a duly accredited academic institution;

• 5)

  To have no criminal or police records;

• 6)

  To have no pending judicial proceedings;

• 7)

  To present a Medical Certificate issued by a professional or institution designated by the Secretariat; and,

• 8)

  Not to be a resident or citizen of the receiving State where functions will be performed. CHAPTER III OF THE DIPLOMATIC AND CONSULAR CAREER SERVICE FIRST SECTION OF THE DIPLOMATIC AND CONSULAR CAREER SERVICE

The Diplomatic and Consular Career Service is the register of officials and public servants of the Diplomatic and Consular Career Service, in their respective ranks and precedence, in accordance with what is established in this Law and its Regulations.

The ranks in the Diplomatic and Consular Career Service are the following:

• 1)

  Ambassador;

• 2)

  Minister;

• 3)

  Minister Counselor;

• 4)

  Counselor;

• 5)

  First Secretary;

• 6)

  Second Secretary; and, 7) Third Secretary. Said ranks shall maintain their respective equivalencies in the consular category, in accordance with what is established in Articles 14 and 65 of this Law.

The Diplomatic and Consular Career Service must reflect a pyramidal structure ranging from the rank of Third Secretary to Ambassador, for whose admission and promotions shall be taken into consideration criteria of availability, rationality, merits, and budgetary efficiency.

The Diplomatic and Consular Career Service Commission is responsible for studying and proposing measures regarding the selection of human resources, their annual evaluation, registration, rank, merit, seniority, and other matters related to admission and promotions in the Diplomatic and Consular Career Service, in accordance with its regulations. The Commission shall be presided over by the Secretary of State and, in his absence, by the Under Secretary of State; and shall also be composed of the General Secretary, the General Directors, and the Human Resources Sub-Manager, the latter acting as Secretary thereof.

The Commission referred to in the preceding Article shall meet ordinarily every six (6) months and extraordinarily when necessary, by convocation of the Secretary of State.

The Diplomatic and Consular Career Service Commission has, among others, the following powers:

• 1)

  To evaluate annually the officials and servants of the Diplomatic and Consular Career Service, on the basis of the performance criteria established by the Regulations of the Commission;

• 2)

  To prepare the Annual Evaluation Report, which shall be delivered by the Secretary of State to the President of the Republic;

• 3)

  To issue opinions or reports concerning the Diplomatic and Consular Career Service, regarding admission, promotions, transfers, rotations, availabilities, retirements, or any other related matter;

• 4)

  To conduct calls for selective tests for applicants to enter the Diplomatic and Consular Career Service; as well as communications for promotions, in accordance with the requirements established in this Law and its Regulations; and,

• 5)

  To request the declaration of nullity of those admissions, promotions, availability, or retirements made outside the Law. THIRD SECTION OF ADMISSION TO THE DIPLOMATIC AND CONSULAR CAREER SERVICE

The Career Diplomatic and Consular Service is a specialized, professional, hierarchical, disciplined public function founded on the principle of merit.

The requirements for entering the Career Diplomatic and Consular Service are as follows:

• 1)

  To be of Honduran nationality by birth;

• 2)

  Not to be a resident or citizen of another State;

• 3)

  To be at least 21 years of age;

• 4)

  To be in full enjoyment of one's civil and political rights;

• 5)

  To hold a university degree from a duly accredited academic institution;

• 6)

  To be in good health;

• 7)

  To have no criminal or police record and to have notoriously good conduct;

• 8)

  Not to have pending legal proceedings;

• 9)

  Proficiency in at least one foreign language;

• 10)

  To pass the Diploma course of the Diplomatic Academy; and,

• 11)

  To pass the entrance examination.

The official or civil servant who enters the Career Diplomatic and Consular Service and therefore the Diplomatic and Consular Scale shall begin in the Internal Service and rank of Third Secretary, being subject to the transfers and rotations established in Chapter III, Section Six of the present Law.

The title of Ambassador shall be granted to officials who hold the positions of Secretary and Undersecretary of State in the Office of Foreign Affairs. For this purpose, in an official act they shall sign the Registration Book separate from that of the Diplomatic and Consular Scale, which for such purposes shall be kept by the General Secretariat. In no case shall the aforementioned title signify an employment relationship with the Secretariat.

The admission, promotion, availability, or retirement of officials and civil servants of the Career Diplomatic and Consular Service to the Diplomatic and Consular Scale, or the declaration of nullity thereof, shall be made through an Agreement of the President of the Republic, and shall be published in the Official Gazette La Gaceta.

Admission to the Career Diplomatic and Consular Service shall be made taking into consideration the needs of the Service and the criteria of availability, rationality, merit, and budgetary efficiency. SECTION FOUR OF PROMOTIONS

In order to be promoted from one rank of the Diplomatic and Consular Scale to another, at least four (4) years of active service in the rank from which the promotion is sought are required, as well as the merits, professional performance, and competence required and personal suitability, in accordance with the evaluations of the Scale Commission. Except when the President of the Republic designates an official or civil servant of the Career Diplomatic and Consular Service to the grade of Ambassador or Minister, the assignment shall preserve that rank in the Diplomatic and Consular Scale.

Officials and civil servants who appear in the rank of Minister in the Diplomatic and Consular Scale who are appointed by the President of the Republic as Ambassadors shall be automatically promoted to that rank.

Promotions in the Diplomatic and Consular Scale shall be carried out in accordance with the requirements established in the provisions of this Law and its Regulations, and shall be published in the Official Gazette La Gaceta. SECTION FIVE OF THE SITUATIONS OF OFFICIALS AND CIVIL SERVANTS OF THE CAREER DIPLOMATIC AND CONSULAR SERVICE

Officials and Civil Servants of the Career Diplomatic and Consular Service may be in the following situations:

• 1)

  Active;

• 2)

  Available; and, 3) Retired.

Officials and civil servants appointed in the Internal Service and in the Foreign Service shall be considered in active status.

Availability is a condition of inactivity of an official or civil servant of the Career Diplomatic and Consular Service and may only be granted by decision of the President of the Republic or at the request of the interested party addressed to the Secretary of State, which shall be approved through an Agreement issued by the Executive Branch in accordance with legal requirements.

The situation of retirement occurs when an official or civil servant ceases in the Career Diplomatic or Consular Service. The President of the Republic may, in case of qualified emergency, call to active service members of the Career Diplomatic or Consular Service in retirement to provide their professional services as Chief of Mission, in Ad hoc Missions and advisory functions.

The situation of availability, at the request of the interested party, may be requested after three (3) years of active service and shall be granted for a maximum period of two (2) years. The above shall not be considered for purposes of seniority in the career, except when the official or civil servant is appointed to a position in an international organization, at the proposal of a candidacy of the Government of the Republic, for the duration thereof.

After the maximum period of permanence in availability has elapsed, the official or civil servant shall have the right to request reinstatement to active status. If he or she does not request it within two (2) months from the expiration of the two (2) years, without prior official procedure he or she shall automatically pass to retirement status. The situation of availability at the request of the interested party shall not be remunerated.

A public official or civil servant shall be placed in a status of availability by decision of the Executive Branch in the following cases:

• 1)

  Due to suspension or rupture of diplomatic relations with the State where he is accredited;

• 2)

  For having been declared Non Grato by the receiving State, in consideration of reasons not attributable to the public official or civil servant;

• 3)

  Due to the closure of the Embassy, Permanent Mission, or Consular Office where he is accredited;

• 4)

  Due to the suppression of the position or the corresponding budgetary allocation;

• 5)

  Due to natural illness or accident that incapacitates him for the performance of his functions; and,

• 6)

  In any other case in which he is removed from his position without having given cause for it.

In the case of the preceding Article, availability shall be for a term of up to three (3) months, with both the public official or civil servant of the Internal Service and those of the External Service having the right to continue enjoying their salary in accordance with the provisions of the General Budget of Income and Expenses of the Republic in force. Upon conclusion of the availability period, the public official or civil servant must be reinstated to Active Service or pass to retirement status.

Public officials and civil servants who pass to availability status by decision of the Executive Branch shall enjoy, during the time they remain in such status, all the rights and prerogatives established in this Law and its Regulations. They shall have the right to be promoted during the time they are in availability and shall be obligated to perform any official commission, to carry out the work assigned to them in the field of foreign relations, and to occupy the first vacancy of their rank or the immediately higher rank, if they meet the requirements for promotion.

Public officials and civil servants of the Diplomatic and Consular Service shall pass to retirement status in the following cases:

• 1)

  By request of the interested party;

• 2)

  By separation from office as a consequence of an administrative sanction in accordance with this Law and by failing two (2) continuous performance evaluations;

• 3)

  By virtue of a final convicting sentence, issued for cause of a criminal offense;

• 4)

  Due to illness or incapacity after one (1) year of treatment;

• 5)

  For not requesting his reinstatement after the time and term stipulated in Article 43 of this Law has elapsed;

• 6)

  By voluntary retirement; and,

• 7)

  By mandatory retirement, in accordance with an administrative provision of the Law of the National Institute of Pensions and Benefits of Employees and Officials of the Executive Branch (INJUPEMP). SIXTH SECTION OF TRANSFERS AND ROTATIONS

Public officials and civil servants of the Career Diplomatic and Consular Service shall be subject to transfer or rotation. Transfer is understood to be the change from a position in an Embassy, Permanent Mission, or Consular Office to another position in the External Service, of the same rank. Rotation is understood to be the change from a position in an Embassy, Permanent Mission, or Consular Office to another position in the Internal Service, of equivalent rank or vice versa. Transfers and rotations must be communicated to the public officials or civil servants at least three (3) months in advance so that they may give notice of the termination of their contracts and arrange their official and personal matters and, where applicable, take proper leave from the authorities of the Receiving State and the Diplomatic Corps accredited at the place of destination. Exceptionally, when circumstances of emergency or national interest require it, the Secretary of State may shorten the notice period to no less than thirty (30) days. If this decision results in extraordinary expenses for the public official or civil servant, the Secretariat must cover them when properly documented.

Public officials and civil servants of the Career Diplomatic and Consular Service shall hold positions in the External Service for a minimum term of three (3) years and a maximum of four (4) consecutive years, being rotated to the Internal Service for the same period of time and vice versa.

After notification is made, the public official or civil servant must take possession of his new position within two (2) months following receipt of the rotation or transfer order. This period may be extended up to thirty (30) calendar days, in consideration of a justified request. When he has children or dependents in primary or secondary school, the Secretariat must take into account the periods of completion and beginning of the school year to make transfers and rotations. Unauthorized delay shall give rise to the application of the corresponding disciplinary measures. SEVENTH SECTION OF EMERITUS AMBASSADOR

The President of the Republic, upon proposal of a Nominating Board of five (5) career Ambassadors designated by the Secretary of State, may grant the distinction of Emeritus Ambassador to Career Diplomats who have distinguished themselves in the Diplomatic or Consular Service.

Emeritus Ambassador is one who has rendered extraordinary services to the State of Honduras in the field of international relations, for a period greater than thirty (30) years of service.

The distinction of Emeritus Ambassador may also be conferred posthumously by the President of the Republic, to those so proposed by the Nominating Board.

The respective Regulations shall set forth the rights granted to persons who hold the distinction of Emeritus Ambassador, including the economic compensation to be determined, according to budget. CHAPTER IV ON THE OBLIGATIONS AND RIGHTS OF PUBLIC OFFICIALS AND CIVIL SERVANTS SUBJECT TO THE DIPLOMATIC AND CONSULAR SERVICE FIRST SECTION OF HEADS OF MISSION

The Heads of Mission represent the State of Honduras before the Receiving State or international organization.

Under the authority of the Head of Mission are the civil servants of the Mission under his charge, those of the attached Consular Offices, and assimilated personnel.

Heads of Mission must maintain honorable conduct, both in their official function and in their private life.

Heads of Mission must ensure that the conduct of personnel under their authority strictly conforms to the aforementioned obligations, such as daily attendance and good performance of their functions during working hours, as well as compliance with and commitment to the assigned responsibilities.

When a Head of Mission ceases in their functions or is temporarily absent, they must accredit as Chargé d'Affaires ad interim the public servant of highest diplomatic rank in the Mission. If there is more than one of equal rank, the Head of Mission must accredit as Chargé d'Affaires ad interim the one with the greatest seniority. In the case of no career public servant existing, another public servant may remain as Keeper of files to attend to administrative matters, previously authorized by the Secretariat.

The Heads of Mission shall have the following specific obligations:

• 1)

  To direct, execute and coordinate the functions established in the Position Profile Manual of the Foreign Service;

• 2)

  To diligently manage consular affairs related to migration and petitions submitted for humanitarian reasons by Honduran nationals;

• 3)

  To promote commercial exchange, investment, culture and tourism;

• 4)

  To maintain harmony and discipline among subordinate personnel, respecting their dignity and rights;

• 5)

  To ensure compliance with and proper use of the immunities and privileges corresponding to Mission personnel;

• 6)

  To request from the receiving State the exequatur for consuls under their authority;

• 7)

  To comply with instructions received from the Head of the Executive Power, which must be immediately reported to the Secretariat of State for the Office of Foreign Affairs;

• 8)

  To reside at a domicile located at a reasonable distance from where the Mission is established and in a residence befitting the decorum that must be maintained by virtue of their position;

• 9)

  To submit monthly the Management Report of the Mission, the Operating and Representation Expenses Report and the Personnel Attendance Report, in accordance with the formats established by the Secretariat;

• 10)

  To present their Sworn Statement of Assets before the Superior Court of Accounts, as well as to provide bond in accordance with the Law;

• 11)

  To send an Annual Report of Activities in accordance with the institutional guidelines contained in the Report Preparation Manual; and 12) To apply the Internal Regulation of the Diplomatic Mission. SECOND SECTION OF THE HEADS OF CONSULAR OFFICES

The Heads of Consular Offices are responsible for complying with the following specific obligations:

• 1)

  To direct, execute and coordinate the functions established in the Position Profile Manual of the Foreign Service;

• 2)

  To protect and promote, in their respective consular jurisdictions, the interests of Honduras and the rights of its nationals;

• 3)

  To promote cultural and commercial exchange, investment and tourism;

• 4)

  To exercise, when appropriate, functions as civil registry officials;

• 5)

  To exercise notarial functions in acts and contracts executed in the country where they are accredited that must have legal effects in Honduran territory in accordance with the provisions of the Notarial Law;

• 6)

  To observe and execute the other proceedings contemplated in Decree No. 263-2011 dated January 19, 2012 Consular Services and Acts of Consular Protection; its Regulation, Circulars and instructions received from the Embassy to which they are assigned and from the Secretariat of State;

• 7)

  To submit monthly to the Secretariat the Report of Income from Consular Services and Acts of Consular Protection;

• 8)

  To submit monthly to the Embassy to which it is assigned and to the Secretariat, the Management Report, the Operating and Representation Expenses Report and the Personnel Attendance Report, in accordance with the formats established by the Secretariat;

• 9)

  To present their Sworn Statement of Assets before the Superior Court of Accounts, as well as to provide bond in accordance with the Law; and 10) To send an Annual Report of Activities in accordance with the institutional guidelines contained in the Report Preparation Manual.

It is prohibited for consular officials to collect commissions, fees, honorariums or other charges for their actions that are not established in the Regulation of Decree No. 263-2011 of January 19, 2012 Consular Services and Acts of Consular Protection; and by other legal provisions. Violation of this Article shall result in dismissal and carries administrative and criminal liability. THIRD SECTION OF OBLIGATIONS

All officials and public servants of the Diplomatic and Consular Service are obligated to:

• 1)

  To represent the State of Honduras before Foreign Governments and International Organizations before which they are accredited;

• 2)

  To protect the rights and interests of the Republic of Honduras and those of its nationals in the receiving State;

• 3)

  To comply with the instructions of the Secretariat of State for the Office of Foreign Affairs;

• 4)

  To inform their immediate superior about direct instructions they receive from any other authority of the Secretariat or from any other entity of the State;

• 5)

  To maintain honorability in all their acts, both official and private, refraining from violating morality, ethics and good customs; or any other act that could result in disgrace to their person and to Honduras;

• 6)

  To respect the legislation of the receiving State and not to interfere in the internal affairs of that State;

• 7)

  To ensure that the conduct of their family members complies with what is stipulated in numeral 5) above and with respect for the legislation of the receiving State;

• 8)

  To perform their obligations and functions with honesty, integrity and responsibility;

• 9)

  To maintain absolute secrecy and discretion regarding facts and information they become aware of by reason of their official performance. This obligation shall continue after retiring from the Diplomatic or Consular Service;

• 10)

  To administer with efficiency and effectiveness the public resources entrusted to them or that are under their responsibility;

• 11)

  To refrain from using their position, authority or influence to obtain undue benefits for themselves or third parties whether natural or legal persons;

• 12)

  Not to participate in activities incompatible with their official functions;

• 13)

  To reside in the place where the Mission in which they serve is located;

• 14)

  To request from the National Congress or from the Secretariat of State for the Office of Foreign Affairs, as the case may be, authorization to accept decorations, honors or distinctions from another State; and 15) To make publications or give public declarations, even in a personal capacity, only with prior authorization from the Secretariat of State for the Office of Foreign Affairs. FOURTH SECTION OF RIGHTS AND BENEFITS

The officials and public servants of the Diplomatic and Consular Service of Career, incorporated in the Diplomatic Scale, who work in the Internal Service and in the Foreign Service, shall enjoy the rights and benefits contemplated in the Constitution of the Republic, the present Law and its Regulation. Such rights and benefits include, among others, the following:

• 1)

  Stability in service;

• 2)

  Reinstatement to their former position or to another of equal rank, in case of dismissal without just cause and without observance of the procedure established in this Law, in accordance with the pertinent administrative procedure or court order;

• 3)

  Promotion in the Diplomatic and Consular Scale when the requirements established in the present Law and its Regulation are met;

• 4)

  To pursue, at their own expense in Honduras, studies of specialization or updating related to the service, or in their case enjoy paid leave, authorized by the Secretariat, for courses of study abroad;

• 5)

  Salary in accordance with their position or rank, in legal tender for the Internal Service and for the Foreign Service;

• 6)

  Allocation for operating and representation expenses for Heads of Missions and Consular Offices;

• 7)

  Enjoyment of annual vacations and leaves;

• 8)

  Tickets and travel expenses for the official or public servant, spouse, minor children and economically dependent family members, when appointed, transferred or return to Honduras, in accordance with the regulations issued;

• 9)

  Installation expenses when appointed abroad;

• 10)

  In case of death of the official or public servant or their dependent family members, coverage by the Secretariat of the costs of handling mortal remains and funeral expenses;

• 11)

  Granting of diplomatic passports to the official or public servant, their spouse and children, in accordance with the Passport Regulation;

• 12)

  Technical-administrative personnel shall have the right to an official passport, extending to their spouse and minor children;

• 13)

  Duty-free and tax-free introduction of household goods and personal effects, in accordance with current legislation, when they return to the country. In case of death of the official or public servant, the right shall be exercised by their spouse and, failing that, by their legal heirs, provided they reside in the country;

• 14)

  Social protection system for retirement and pensions established in the Law of the Retirement and Pension Institute for Employees of the Executive Power (INJUPEMP); and 15) Social security system established in the Law of the Honduran Social Security Institute (IHSS).

All officials and public servants of the Diplomatic and Consular Service shall receive a salary determined in consideration of the position or rank they hold, for which the following Table of Position Equivalencies shall be established: IN THE INTERNAL SERVICE IN THE DIPLOMATIC SERVICE IN THE CONSULAR SERVICE Administrative/Management Ambassador -------- Executive Minister -------- Technical Administrative III Minister Counselor Consul General Counselor Consul Vice-Consul Technical Administrative II Second Secretary -------- Technical Administrative I Third Secretary Consular Agent Operative Aggregated -------- --------

The salary of the officials and public servants of the Diplomatic and Consular Service, whether they work in the Internal Service or in the Foreign Service, shall be determined in the Manual of Positions and Salaries of the Secretariat.

The officials and public servants who are appointed or rotated to the Foreign Service shall receive a monthly allocation for uprooting. Said allocation shall be determined in accordance with the Comparative Factor established in the economic study that the Secretariat prepares annually.

For the purposes of this Law and its Regulation, Comparative Factor is called the percentage valuation that allows establishing the variations of comparison between the geographic location, the cost of living, the typology, immigration and country of assignment of the Embassy, Permanent Mission or Consular Office. Likewise, account must be taken of the differentiation between the responsibilities attributed to different public servants based on the rank conferred and the country of destination.

No official or public servant of the Foreign Service shall receive a salary equal to or greater than that of their immediate superior.

Persons who hold positions in the Foreign Service, not incorporated in the Diplomatic and Consular Scale, shall enjoy while exercising their position the status of the other rights reserved for officials and servants of the Diplomatic and Consular Service of Career, except those expressed in numerals 1), 2), 3) and 4) of Article 64 of this Law. Consequently, upon ceasing in their positions, the obligation of the State toward them shall cease by operation of law. FIFTH SECTION OF VACATIONS AND LEAVES

The officials and public servants of the Foreign Service shall have the right to annual vacations, with a duration of thirty (30) calendar days.

The personnel of the Diplomatic and Consular Service cannot accumulate more than two (2) vacation periods. Vacations may be suspended or interrupted at any time, by instructions of the Secretariat, when the service so requires or for personal reasons of the official or public servant. In any of these cases, the Secretariat must be notified in writing. The interested parties may continue enjoying them once the cause of the suspension or interruption ceases and they are newly authorized.

The officials or public servants of the Foreign Service shall have the right to paid leave when properly accredited and justified, for the following reasons:

• 1)

  In cases of illness or common accidents up to fifteen (15) working days of rest, duly justified with the respective Medical Certificate;

• 2)

  In cases of illness or serious accident, requiring hospitalization or medical-surgical assistance, up to ninety (90) calendar days, for which the official or public servant must attach the Medical Certificate of Incapacity, duly legalized by a local notary and apostilled or authenticated, as appropriate;

• 3)

  When an extension of incapacity due to serious illness or accident is required, this shall be granted for the time determined in the medical prescription or certification, duly legalized by a local notary and apostilled or authenticated, as appropriate;

• 4)

  For maternity, the four (4) weeks preceding childbirth and the seven (7) weeks following;

• 5)

  For bereavement, up to fifteen (15) working days, if the deceased is the spouse, parents, children, or siblings; in case of death of a relative within the fourth degree of consanguinity and second degree of affinity not already mentioned, leave of up to five (5) working days may be granted;

• 6)

  For marriage, or for paternity, a leave of six (6) working days; and 7) In case of conflict, emergencies due to weather conditions, natural disaster or other public calamity, the days that the Head of Mission deems necessary. In case of emergency being declared in the receiving State, the leave shall not exceed the time decreed by it.

In duly justified cases, unpaid leave may be granted for up to six (6) months, renewable for an equal term, at the request of the interested party. These leaves shall not interrupt the benefits of their accreditation with the receiving State nor seniority in the service, except for the enjoyment of their vacation.

The Chief of Mission may grant administrative leave up to five (5) business days to personnel under their charge, duly justified, upon prior authorization request from the Human Resources Sub-management of the Secretariat and in exceptional cases.

Officials and public servants of the Foreign Service shall enjoy the national holidays decreed in Honduras, as well as the national celebration days and anniversaries of the receiving State, provided that these imply absolute suspension of work in the official and economic sectors of the country. In both cases, the Chief of Mission shall report this to the Secretariat and shall take the necessary measures by assigning shifts to personnel, so that all areas of the Mission and emergency situations that may arise on non-working days are attended to. CHAPTER V PROHIBITIONS AND DISCIPLINARY REGIME FIRST SECTION PROHIBITIONS

Foreign Service officials and public servants are prohibited from:

• 1)

  Addressing directly the holder of Executive Power without proper authorization from the Secretariat;

• 2)

  Being absent from the receiving State without authorization from the Secretariat;

• 3)

  Interfering in the internal affairs of the receiving State;

• 4)

  Making public statements without authorization and instruction from the Chief of Mission or the Consular Office;

• 5)

  Engaging in professional or commercial activities in the receiving State for their own benefit;

• 6)

  Performing any diplomatic or consular management on behalf of third countries, without express authorization from the Secretariat;

• 7)

  Incurring in lack of courtesy or attention to the public;

• 8)

  Withholding salary, travel allowances or other allocations from the National Budget to personnel of the Foreign Service, except by written order of competent authority. Violation of this provision entails civil, criminal and administrative liability for the offender;

• 9)

  Failing to comply with their official obligations;

• 10)

  Endorsing or counter-endorsing private economic commitments, using the name of the Embassy, Permanent Mission or Consular Office where they are appointed as backing;

• 11)

  Failing to comply with their private commitments of a civil and economic nature;

• 12)

  Using diplomatic franchises and other privileges in favor of third parties or for purposes other than strictly official and personal needs;

• 13)

  Allowing access or use of Mission offices or assets to private individuals;

• 14)

  Allowing persons outside the Mission access to documents, files and official correspondence;

• 15)

  Disclosing matters assigned to them by reason of their position to private individuals or other officials or public servants not related to the same;

• 16)

  Violating principles of morality, good customs and professional ethics;

• 17)

  Denigrating and disrespecting personnel of the Mission or Consular Office;

• 18)

  Manifestly disrespecting or insubordinating themselves before the authority of the Chief of Mission or the Consular Office;

• 19)

  Abandoning the position for three (3) consecutive business days without respective authorization, without justified cause, or frequent absence from work, late arrivals or early departures without authorization and proven justification;

• 20)

  Issuing or removing official documentation or equipment from the workplace for personal or unofficial purposes; 23) Making appearances at the offices in a state of intoxication or under the effects of drugs, narcotics or psychotropic substances; 24) Dressing inappropriately for the exercise of their functions; and, 25) Taking advantage of paid leave to engage in proselytizing activities of a political-partisan character.

Officials and public servants of the Diplomatic and Consular Service who do not comply with the obligations imposed by this Law and its Regulations or infringe the prohibitions thereof shall incur the civil, criminal and administrative sanctions established by law.

The degrees of responsibility in violation of the provisions of this Law and its Regulations are classified into minor faults, less serious faults and serious faults.

Unjustified absence from work, non-compliance with work schedule hours and failure to observe, on a single occasion, the administrative instructions of the Chief of Mission or the Consular Office shall be considered minor faults.

Those faults that in a lesser degree signify non-compliance with the duties and obligations imposed by this Law, its Regulations and other provisions related to official functions shall be considered less serious faults.

Non-compliance with the obligations and prohibitions established in Articles 63 and 77, as well as in the Second and Third Sections of Chapter III of this Law, the latter of which refer to Chiefs of Mission and Consular Offices, shall be deemed serious faults; and,

Serious and less serious faults shall be applied by the commission of minor faults and shall be noted verbally and in writing to the Chief of Mission or by the Secretariat, when appropriate. Third Section of Chapter III of this Law, the latter of which refer to Chiefs of Mission and Consular Offices. 3) Suspension for fifteen (15) days without salary; 4) Suspension for thirty (30) days without salary; and, 5) Removal from office and separation from the Diplomatic and Consular Roster.

Verbal and written reprimands shall be applied by the commission of minor faults and shall be applied by the Chief of Mission or by the Secretariat, when appropriate.

Suspensions for fifteen (15) and thirty (30) days without salary shall take place by recidivism in minor faults and by less serious faults and shall be recorded by the Secretariat.

The following are causes for removal from office and separation from the Diplomatic and Consular Roster:

• 1)

  Recidivism in the commission of less serious faults;

• 2)

  Being convicted by final judgment for the commission of a crime;

• 3)

  The infraction of the obligations and prohibitions established in Articles 63, 77 in the Second and Third Sections of Chapter III of this Law, referring to Chiefs of Mission and Consular Offices; and,

• 4)

  Failure to comply with an order of rotation or transfer. In the foregoing cases, the removal and separation shall be understood as justified and without any liability for the Secretariat.

It is within the competence of the Human Resources Sub-management, for the purposes of this Chapter IV, to know, verify and execute the procedure to be followed in the processing of the disciplinary file for the application of sanctions by the Secretary of State, making it known to the President of the Republic for the application of the corresponding sanction.

For the support of the process in the application of sanctions, the Chief of Mission or, as the case may be, the Human Resources Sub-management shall observe the following procedure:

• 1)

  Notify the accused or presumed responsible party of the facts attributed to them, the infractions that such facts constitute, their legal basis and the sanctions that may be imposed by the competent authority, so that they may discharge their responsibility;

• 2)

  Indicate the place, date and time in which the discharge hearing shall be held, which shall be held within ten (10) business days from the date on which the notification is received;

• 3)

  Record in a Discharge Hearing Minutes, duly signed, all actions taken therein, acknowledging receipt of the evidence presented by the accused;

• 4)

  If any of the parties appearing at the hearing refuses to sign the Minutes, this shall be noted in the same;

• 5)

  If the accused or presumed responsible party does not appear at the hearing, they shall be held in contempt and the procedure shall continue; and,

• 6)

  Remit to the Secretary of State the respective disciplinary file to issue the corresponding resolution. The procedure described above, from the moment the fault becomes known, until the application of the respective sanction, must be carried out in the shortest possible time and preferably within no more than thirty (30) business days.

When a civil servant or public official violates legal norms and gives rise to civil or criminal liability, the Secretariat shall notify the Superior Court of Accounts, the Public Ministry, or the General Procurator's Office of the Republic, as appropriate.

In cases of serious infractions committed by Heads of Mission or Consular Office, the procedure established in Article 88 above shall be observed; the Secretary of State being obliged to notify the President of the Republic for the application of the corresponding sanction. CHAPTER VI OF COMPLEMENTARY PROVISIONS

For the achievement of the purposes and objectives established in this Law, the SCHOOL OF INTERNATIONAL RELATIONS AND DIPLOMACY shall henceforth be called the DIPLOMATIC ACADEMY "JOSÉ CECILIO DEL VALLE", whose purpose shall be the training, qualification, and continuing education of civil servants and public officials of the Diplomatic and Consular Service. The Academy shall be governed by its Internal Regulations.

As of the effective date of this Law, the Secretariat of State in the Ministry of Finance shall authorize and incorporate monthly eighty percent (80%) of the proceeds from passport issuance abroad into the budget of the Secretariat. Said budgetary incorporation shall be carried out through the mechanism of automatic budget expansion, distinguishing for the implementation of Mobile Consulates, the acquisition of passport booklets, payment of service contracts and maintenance of passport data loading and issuance equipment; as well as for improving professional capacities, salary allocations in accordance with the Comparative Factor, the acquisition of equipment, the improvement of diplomatic and consular facilities, and operational expenses of the Secretariat.

Every person appointed to the Diplomatic or Consular Service shall submit to an induction process on the responsibilities inherent to his or her position, which shall be conducted by the Diplomatic Academy and the Human Resources Submanagement.

Heads of Mission shall be provided with a Parchment evidencing their accreditation as such, and Heads of Consular Office with the corresponding Letters Patent. Likewise, the coat of arms, the flag, and the map of Honduras shall be provided, which must be displayed in the premises of the Mission.

The President of the Republic may designate Attachés from the various branches of the Public Administration that he considers necessary for the better representation of the interests of Honduras abroad, at the proposal of the respective Secretariats of State or governmental dependencies. These civil servants or public officials shall be under the authority of the Head of Diplomatic or Consular Mission of the Secretariat of State or governmental entity.

Personnel appointments by contract shall not be permitted, except for consultancy contracts, which may not exceed six (6) months in the same fiscal period.

In cases not foreseen in this Law, its Regulations, and other complementary or related provisions, the norms of Administrative Law shall apply, and failing that, the norms of Common Law.

The regulations of this Law and the new Organizational Structure shall be issued by the Secretariat of State in the Ministry of Foreign Affairs and must be approved no later than thirty (30) business days from the effective date of this Law. CHAPTER VII FINAL PROVISIONS

Civil servants and public officials of the Career Diplomatic and Consular Service who have completed four (4) or more years of service in the Internal Service or in the Foreign Service, at the time this Law becomes effective, are subject to transfer or rotation, in accordance with the provisions established in Articles 47, 48, and 49 of this Law.

Civil servants and public officials of the Diplomatic and Consular Service who are not Career personnel and are holding positions in the Foreign Service are subject to transfer or rotation within a period of two (2) months, from the date this Law becomes effective.

Civil servants and public officials of the Diplomatic and Consular Service who are not Career personnel and are holding positions in the Internal or Foreign Service may request their admission to the Diplomatic Escalafón within two (2) months following the effective date of this Law; in this case, they shall be exempt for this sole occasion from the requirement established in Article 30, numeral 10).

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The Diplomatic and Consular Escalafón Commission shall resolve, within the third month of the effective date of this Law, the applications for admission to the Diplomatic and Consular Escalafón submitted, after the entrance examinations have been conducted.

Officials and public servants of the Career Diplomatic and Consular Service who have fulfilled the requirements for promotion from one rank of the Diplomatic and Consular Scale to another may submit their request within three (3) months of the effective date of this Law, which shall be resolved by the Scale Commission within a period of one (1) month, taking into account the criteria established in Article 35 of this Law.

Officials and public servants of the Career Diplomatic and Consular Service who as of the effective date of this Law are in a status of availability or at the decision of the President of the Republic or at the request of the interested party shall continue in such status until they are called to Active Service by means of an Appointment Agreement, signed by the President of the Republic.

Officials and public servants who as of the effective date of this Law have more than ten (10) continuous years in a status of availability or retirement are separated from the Diplomatic Scale by means of an Agreement signed by the President of the Republic.

In order to execute what is described in Article 65 of this Law, the Secretariat shall approve the Manual of Positions and Salaries of the Secretariat, which shall be subject to updates in accordance with the inflation index and budgetary availability. Likewise, it shall initiate the corresponding administrative proceedings through the General Management of Civil Service and the State Secretariat of the Office of Finance.

Personnel that work by contract in the Internal Service at the time of entry into force of this Law shall transition to permanent status and their appointments shall be made by the State Secretary.

The Law of the Foreign Service contained in Decree No. 82-84 of May 21, 1984, the reforms established in Decree No. 67-86 dated May 16, 1986, in Decree No. 194-97 of December 17, 1987, and any other legal provision that conflicts with it are hereby repealed.

This Law 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-second day of the month of May of two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., June 5, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF FOREIGN RELATIONS. MIREYA AGÜERO Executive Branch EXECUTIVE DECREE NUMBER 011-2013 THE PRESIDENT OF THE REPUBLIC, CONSIDERING: That the President of the Republic has in his charge the supreme direction and coordination of the Centralized and Decentralized Public Administration, the General Administration of the State and therefore directing the economic and financial policy thereof, being able to act by himself or in Council of Ministers. CONSIDERING: That Article 8 of the Regulation of Organization, Functioning and Competence of the Executive Branch clearly and expressly establishes that "Insofar as the supreme direction and coordination of the Centralized and Decentralized Public Administration corresponds to him, the President of the Republic defines the plans and programs of the Government, directs the tasks and guides the activities of the State Secretariats and autonomous institutions in accordance with the Law". CONSIDERING: That numeral 1 of Article 9 of the Regulation of Organization, Functioning and Competence of the Executive Branch establishes that it also corresponds to the President of the Republic to "Appoint the State Secretaries and Undersecretaries, Secretaries without determined office, and other officials and employees of the Executive Branch, except in the latter case, when he delegates this faculty to the State Secretaries" and, in turn, numeral 3 of Article 9 of the Regulation of Organization, Functioning and Competence of the Executive Branch establishes that it also corresponds to the President of the Republic to "Decide on the integration of the different sectors of the Public Administration...". CONSIDERING: That the human being is the purpose of society and the State, consequently, we all have the obligation to respect and protect it in such a way that the Constitution of the Republic consecrates the right to protection of the health of the Honduran population, which is a condition of the right to life.