Law of the Honduran Foreign Service

As a special regime of the Civil Service, and foundation of the Foreign Service, the Diplomatic Career is created, in accordance with the Constitution of the Republic, the provisions of this law and its Regulations.

The Executive Branch, through the Ministry of State in Charge of Foreign Relations, directs the Foreign Service and appoints in accordance with this Law, the following personnel:

• a)

  Diplomatic officials of the Ministry;

• b)

  Diplomatic, technical, administrative and service personnel of diplomatic missions accredited before other States and international organizations; and,

• c)

  Special diplomatic missions. When circumstances permit, the provisions of this Law shall be extended to consular officials who do not have the status of career diplomats, to the technical and administrative personnel of the Ministry of State in Charge of Foreign Relations and to the Honduran Consular Corps, insofar as applicable. In the meantime, said officials shall continue to be governed by the general Civil Service regime and its regulations.

The Ministry of State in Charge of Foreign Relations shall determine the number, seat, scope of representation and category of the Diplomatic Missions, in accordance with this law and its regulations, the norms of International Law and the agreements it concludes with other States.

The Ministry of State in Charge of Foreign Relations shall ensure strict compliance with this law and regulations. SECTION ONE OF THE FUNCTIONS OF DIPLOMATIC MISSIONS

The functions of the Diplomatic Missions of Honduras are the following:

• a)

  Represent the State of Honduras.

• b)

  Protect the rights and interests of Honduras and those of its nationals in the Receiving State, within the limits permitted by Law, treaties, and international uses and customs.

• c)

  Negotiate with the Receiving State and/or with international organizations and their specialized bodies, in accordance with the powers and instructions it receives from the Ministry of State in Charge of Foreign Relations.

• d)

  Ascertain by all lawful means and inform the Ministry of State in Charge of Foreign Relations regarding the progress of public life in the Receiving State; its international policy; the development of matters that Honduras has pending with that State and, where applicable, with international organizations, concerning political, economic or other events that may be considered of interest to the Honduran State. Likewise, it shall transmit to the Receiving State and to the international organizations before which they are accredited, the information authorized by the Ministry of State in Charge of Foreign Relations.

• e)

  Promote friendly, economic, commercial, scientific and cultural relations with the Receiving State.

• f)

  Give strict compliance with the instructions received from the Ministry of State in Charge of Foreign Relations.

• g)

  Promote friendly, economic, commercial, scientific and cultural relations with the Receiving State.

• h)

  Give strict compliance with the instructions received from the Ministry of State in Charge of Foreign Relations.

• i)

  Assist the Special Missions of Honduras in the performance of official functions.

• j)

  Exercise the consular functions that the Ministry of State in Charge of Foreign Relations may designate.

• k)

  With prior authorization from the Ministry of State in Charge of Foreign Relations and in accordance with the norms of International Law, assume the temporary protection of the rights and interests of a third State and its nationals.

• l)

  Perform the administrative functions and other functions that compliance with this Law and its regulations attribute to them. SECTION TWO OF THE PERSONNEL OF THE DIPLOMATIC SERVICE

The personnel of the Diplomatic Service of Honduras are responsible for the protection and promotion of State interests in the international sphere.

The number, category and remuneration of the diplomatic officials of the Ministry, Advisory Bodies and Diplomatic Missions, as well as the technical, administrative and service personnel thereof, shall be established in the General Budget of Income and Expenses of the Republic based on the needs of the Foreign Service.

The head of the Executive Branch, through the Ministry of State in Charge of Foreign Relations, may appoint to serve in embassies officials who are not career diplomats, in the positions of Civil Attachés; Defense, who may be members of the Armed Forces of Honduras, whether from the Army, Navy or Air Force; cultural; economic; financial; commercial; press; and tourism. These attachés shall have diplomatic status while they exercise their positions. The time of service as an attaché to a mission is not computable for purposes of the diplomatic career. Only the positions of attachés to embassies may be held on an ad-honorem basis; their accreditation shall be made exclusively in this capacity. Ad-honorem attachés shall not enjoy the rights established by Law for career personnel, except for the right to carry a diplomatic passport when they are Honduran. The Executive Branch may appoint the necessary Secretarial personnel, comprised of nationals of the receiving country; this personnel shall not be subject to the Civil Service regime nor to the Retirement and Pension regime of Public Employees.

The Ministry of State in Charge of Foreign Relations is the sole official means of communication between members of the Foreign Service and other State agencies. The Secretary of the Office is the highest hierarchical authority of said service. Chapter II OF THE OBLIGATIONS OF HEADS OF MISSION

The Heads of Mission have the representation of the Government of Honduras before the State or international organization in which they are accredited. The other officials and employees of the Mission in their charge are under their responsibility. The consulates that function attached in such State shall be under the responsibility of the Head of Mission before a Receiving State.

No Head of Mission shall travel to his destination or shall take the oath of Law if the Receiving State has not notified its approval; nor shall Defense Attachés travel to their destination without prior approval of the Receiving State, when compliance with said requirement is necessary. In the case of other diplomatic officials, they shall not travel to their destination if, having notified their appointment, the Receiving State expresses its disapproval or the unacceptability thereof. When the Head of Mission or another member of the Mission staff has initiated functions before the Receiving State, and it manifests its disapproval, disapprobation or non-acceptance, the Ministry of State in Charge of Foreign Relations shall withdraw him or terminate his functions in the Mission, as appropriate.

No Head of Mission shall be able to proceed to a new diplomatic destination unless he carries with him the documents that accredit him as such and, where applicable, the letters of retirement of his predecessor.

The Head of Mission shall make, with the greatest diligence, after compliance with the formalities of his accreditation, the official and unofficial visits that are most convenient for the promotion and defense of Honduras' interests in the Receiving State.

In addition to what is specified in the preceding and subsequent articles, the Heads of Mission shall have the following obligations:

• a)

  Negotiate with the Government of the Receiving State and/or with the authority of the International Organization.

• b)

  Ascertain by all lawful means the conditions and evolution of events in the Receiving State and report on them to the Government of the Republic, with due priority;

• c)

  Protect the interests of Honduras and Hondurans in the Receiving State, within the limits permitted by International Law;

• ch)

  Foster friendly relations and develop economic, cultural and scientific relations between Honduras and the Receiving State.

• d)

  Disseminate the spiritual, cultural and material values of Honduras in its different manifestations;

• e)

  Ensure observance of the immunities, prerogatives and courtesies that correspond to the diplomatic personnel of the Mission, within the limits of Treaties, principles of reciprocity and this Law;

• f)

  Request the exequatur of Honduran Consuls who are under its jurisdiction; and,

• g)

  Comply with the other instructions received from the Ministry of State in Charge of Foreign Relations.

It also corresponds to the Heads of Mission to prepare the Internal Regulations of the Mission, ensure their compliance and keep the Ministry of State in Charge of Foreign Relations informed in this regard.

The Head of Mission shall ensure that the dignity and good name of the country do not suffer any impairment.

It is a fundamental obligation of Heads of Mission to maintain the decorum corresponding to their position, both in their official function and in their private life, refraining from performing any act that may call into question the good name of Honduras.

Heads of Mission, without prejudice to the privileges and immunities to which they are entitled, shall respect the laws and regulations of the Receiving State, and are obligated not to interfere in the internal affairs of that State, as well as to ensure that the conduct of the rest of the diplomatic, consular, technical, administrative, and service personnel of the Mission conforms strictly to these fundamental duties. The conduct of the families of the Mission's personnel must equally conform to the fulfillment of the same obligations.

Heads of Mission shall likewise ensure that the premises of the Mission are not used in a manner incompatible with the functions of the Mission or in contravention of the norms of International Law or the agreements that exist between Honduras and the Receiving State.

The Head of Mission shall ensure that Honduran diplomatic agents, technical, administrative, or service personnel do not engage in any professional activity in the Receiving State other than that which corresponds to them in accordance with their organic relationship with the Mission.

The coat of arms and flag of Honduras shall be displayed in the premises of the Mission and in the residence of the Head of the Mission.

Heads of Mission shall ensure that official communications and notifications that must be made to the Receiving State are carried out in due time.

When the Head of Mission ceases his functions or is absent to enjoy leave, permission, or vacation, he shall accredit as Chargé d'Affaires ad interim the subordinate of immediately superior rank who does not hold the nationality of the Receiving State and who is not an ad honorem official. In no case may any person be accredited as Chargé d'Affaires ad interim who does not hold at least the rank of Second Secretary. In special cases, the transfer of a Honduran diplomat may be ordered to perform that position provisionally.

Titular Heads of Mission may not abandon their functions without notifying the Receiving State of the name of the person who, as Chargé d'Affaires ad interim, will act as Head of Mission, or in such case, the person designated by the Receiving State's Department of State to take charge of administrative matters in the Mission. Chapter III OF APPOINTMENTS, TRANSFERS, AND ROTATION IN THE DIPLOMATIC SERVICE

Positions in the Diplomatic Service shall be filled by transfer, rotation, or promotion, without prejudice to the provisions concerning entry into the Career, calling to active service of officials on availability, and appointments of those not belonging to the Career.

Officials of the Diplomatic Career shall be designated, indistinctly, for the exercise of positions corresponding to their respective rank in any of the organs of the Foreign Service.

Every appointment in the Foreign Service shall be made by Agreement of the Executive Power.

All officials of the Diplomatic Career shall be subject to transfer or rotation. Transfer is understood as the change of an official from one position to another, in the rank to which he belongs and within the same organ of the Foreign Service. Rotation is understood as the change of an official from one organ to another of the Foreign Service, in the rank to which he belongs.

Officials of the Diplomatic Career may request transfer or rotation by virtue of well-founded reasons. Such request shall be subject to the decision of the head of the Department of State in charge of Foreign Relations.

Within sixty days following receipt of the rotation or transfer order, the official shall travel to the seat of his new position or destination, by the most direct route, unless authorized or expressly ordered otherwise by the Department of State in charge of Foreign Relations. The official who violates this provision shall cease to receive all his allotments corresponding to the time of the unauthorized and unjustified delay, without prejudice to the application of the disciplinary measures that may be appropriate.

No Career official serving abroad shall vacate the position he holds before delivering it to the person designated for such purpose, except by express order of the Secretariat of State in the Office of Foreign Affairs or when it is impossible to do so. The violation of this provision constitutes abandonment of office and shall result in separation from the Career. Chapter IV OF THE DISCIPLINARY REGIME FIRST SECTION OF THE PROHIBITIONS

It is prohibited for diplomatic officials:

• a)

  To address the head of the Executive Branch and other State departments, unless through the Secretariat of State in the Office of Foreign Affairs;

• b)

  To meddle in the internal affairs of the Receiving State;

• c)

  To be absent from the Receiving State without prior authorization from the Head of Mission, or, in the case of the latter, from the Secretariat of State in the Office of Foreign Affairs; and, ch) To engage in polemics or make statements that may harm the interests of Honduras in the media of the country in which they are accredited. SECOND SECTION OF THE SANCTIONS

Diplomatic officials who fail to comply with the obligations imposed by this Law or who violate the prohibitions thereof shall incur in responsibility.

The following are deemed serious infractions in the Service:

• a)

  Non-compliance with the norms established in Chapters I, (Second Section), II and IV. (First Section), Title I of this Law, when in the judgment of the Secretariat of State in the Office of Foreign Affairs the good name of the country has been jeopardized;

• b)

  Manifest abuse of privileges for the importation of articles that rationally cannot be consumed in the quantity requested;

• c)

  Manifest non-compliance, both of official obligations and of private commitments of an economic nature entered into by the official or employee;

• ch)

  Infraction of the principles of morality, good customs and professional ethics;

• d)

  Violation of the confidentiality of official matters;

• e)

  Insubordination or disobedience;

• f)

  Abandonment of office; and,

• g)

  Any other serious infraction which, in the judgment of the Secretariat of State in the Office of Foreign Affairs, causes deterioration to the interests or prestige of the nation.

Those infractions are deemed less serious which, in the judgment of the Secretariat of State in the Office of Foreign Affairs, signify to a lesser extent, non-compliance with the duties and obligations imposed by this Law.

The following scale of sanctions is established:

• a)

  Verbal or written reprimand;

• b)

  Written reprimand, with indication of the infraction committed;

• c)

  Suspension for fifteen days without pay;

• ch)

  Suspension for one month without pay; and,

• d)

  Dismissal and separation from the Diplomatic Scale.

Verbal or written reprimand shall be applied by the Head of Mission, in the exercise of his competencies as superior hierarchical officer; or by the Secretariat of State in the Office of Foreign Affairs, when appropriate. Suspension for fifteen days or for one month without pay shall be ordered by the Secretariat of State in the Office of Foreign Affairs in reasoned form, after hearing the offending official or employee. In case of extreme urgency the Head of Mission may apply the suspension without pay for fifteen days, reporting to the Secretariat of State in the Office of Foreign Affairs so that it may take appropriate measures.

The proven commission of acts that tarnish the good name of the country, the reiterated observance of dishonorable conduct, the violation of the confidentiality of official matters and the abuse of privileges and exemptions, shall result in the immediate dismissal of the offender and his separation from the Diplomatic Scale.

In all cases, the accused official shall have the opportunity to present his evidence in his defense, which shall be entered into the case file formed for such purpose. Based on the antecedents, the corresponding resolution shall be issued. Chapter V OF THE RIGHTS OF THE OFFICIALS OF THE CAREER DIPLOMATIC OFFICIALS FIRST SECTION OF THE RIGHTS

Officials of the Diplomatic Career shall enjoy the following rights: (Reformed by Decree 194-97)

• a)

  Security of tenure ensuring stability in the Diplomatic Career; for which purposes they shall also enjoy the rights and remedies established in the Civil Service Law and its regulations.

• b)

  Duty-free introduction of household goods and baggage upon their return to Honduras. No official may introduce under a franchised regime more than one automobile upon return to Honduras, to assume functions in the Secretariat of State in the Office of Foreign Affairs or upon cessation from the Foreign Service, except Mission Heads accredited as ambassadors who shall have the right to introduce two automobiles under a franchised regime. Such automobiles may only be sold free of duties, taxes, levies and other taxes prior to compliance with the requirements established in the regulations of this Law.

• c)

  System of social welfare and enjoyment of vacations as specified in this same Law or its regulations;

• ch)

  Tickets, travel expenses, freight and installation expenses where applicable, when appointed, transferred or required to return to Honduras, in accordance with the Regulation of this Law;

• d)

  Diplomatic passport in favor of the holder of the office and his family members in accordance with the Regulation of this Law;

• e)

  Duty-free introduction of household goods and baggage upon their return to Honduras; they shall also have the right to introduce into the country, under a franchised regime, one motor vehicle, except when they have already exercised such right in the previous three years; such automobiles may only be sold after four years have elapsed from their importation.

• f)

  Consideration of the school period of his dependents, for the purposes of transfer or rotation. In emergency situations, the transfer or rotation of the office holder may be carried out by assigning him adequate economic compensation in accordance with the regulation of this Law;

• g)

  Tickets to enjoy vacations in Honduras in favor of the office holder, his spouse and minor dependent children, when after three consecutive years of service abroad, the official must continue his mission in a foreign country;

• h)

  Medical insurance covering the risks of hospitalization and surgical treatment for illness or accident, maternity, dental and eye care of the office holder, his spouse and minor dependent children, as applicable in accordance with the regulation of this Law;

• i)

  Annual adjustment of salary for the increase in the cost of living in the country of destination in accordance with the regulation of this Law; and,

• j)

  Monthly remuneration in freely convertible foreign currency, on the first business day of each month by cable transfer, or by the most expedited means.

Officials and employees of the Foreign Service shall receive the salaries and, in the case of Heads of Mission, the Representation Expenses that are assigned in the Budget, which shall be fixed taking into account the cost of living in the countries where they are assigned and the category of the official.

In addition to the expenses mentioned in the preceding Article, the Heads of Mission shall be assigned another item called Operating Expenses, which shall be assigned taking into consideration the importance of the position and the cost of living in the country in which they serve. The Secretariat of State in the Office of Foreign Affairs is authorized to issue the regulation of salaries and expenses of the Foreign Service, in consonance with the dignity that must be maintained by officials and employees of the Foreign Service, the importance of the positions and the cost of living in the country of destination. THIRD SECTION OF VACATIONS AND LEAVES

Officials and employees of the Foreign Service shall have the right to annual ordinary vacations, in accordance with what is established in the regulation of this Law, and without prejudice to acquired rights.

They shall also have the right to the following leaves: a) Leave for illness or domestic hardship not exceeding fifteen business days. In case of serious illness, leave may be granted for up to ninety consecutive days, supported by a medical certificate; and, b) Such other leaves granted by the national public administration.

Vacations shall be authorized in accordance with a calendar which for such purpose shall be prepared by the General Directorate of Personnel in the month of December, hearing from the Under Secretary of the Department.

Vacations may be interrupted at any time by the Secretary of State in the Office of Foreign Relations, and by the Head of Mission when the needs of the Service so require. The interested parties may continue to make use of the same once the cause of the interruption ceases.

The Head of Mission shall not be absent from his office for more than eight consecutive days without first obtaining the corresponding authorization from the Secretary of State in the Office of Foreign Relations.

The Head of Mission may grant his subordinates administrative leave that shall not exceed five working days, and shall report all of this to the General Directorate of Personnel.

Any license or administrative leave shall be registered in the file of the respective official.

No official shall fail to appear at the office where he renders his services, except on holidays or by virtue of enjoying vacation, license, or administrative leave. In any other case, absence shall constitute a fault or abandonment of position in the judgment of the Secretariat of State in the Office of Foreign Relations. In any case, the interested party shall have the right to be heard. SECTION FOUR OF THE STATUS OF CAREER DIPLOMATS

The following situations are established in which officials of the diplomatic service may find themselves:

• a)

  Active service;

• b)

  Availability; and,

• c)

  Retirement.

The following are considered to be in active service status:

• a)

  All officials appointed to a diplomatic mission, as long as their appointments have not been canceled.

• b)

  Career diplomatic officials appointed to hold a position in the Secretariat of State in the Office of Foreign Relations, in an advisory or consulting body as long as their appointments have not been canceled; and,

• c)

  Those enjoying vacations, licenses, or administrative leave.

The time of active service of an official shall be computed from the date of his appointment until the date of his cancellation, except as provided in Article 58 of this Law.

The status of availability applies exclusively to career diplomatic officials. Officials who are not career officials may only be placed in the situations of active service or retirement.

Career diplomatic officials shall move to the status of availability, at the request of the interested party, or by resolution of the Executive Power issued through the Secretariat of State in the Office of Foreign Relations.

Career diplomatic officials may only request their status of availability after rendering three years of active service. The status of availability upon request of the interested party is limited to guaranteeing the preservation of the diplomatic rank, but it carries with it the loss of the other rights established in this Law.

(Amended by decree 194-97) Career diplomatic officials shall move to availability status by reason of law, or by resolution of the Executive Power.

The time that the official remains in availability status, by resolution of the Executive, shall be computed as active service for the legal purposes of remuneration and for the Social Welfare Regime.

Diplomatic officials shall retire upon reaching 65 years of age, unless the appointing authority considers their services necessary. Chapter VI OF THE SOCIAL WELFARE REGIME

Officials and employees of the Diplomatic Service of Honduras shall be covered by the Pension and Retirement Regime for Public Employees.

In case of illness that produces incapacity, the official shall receive the benefits that the State recognizes as compensation under Chapter XIV of the Law mentioned in the preceding Article; and if the incapacity is extended beyond the time established in Article 69, subsection e) of said legal order, the official shall automatically proceed to enjoy the disability pension established in Article 26 and following of the same Law. What is provided for cases of illness shall be applicable for cases of accidents. In case of illness or accident that does not produce total permanent incapacity, the affected official shall be entitled to salary and expenses, if such have been agreed upon, for a period of one year. After that time has elapsed, the official shall be subject to the provisions of the Law on Pensions and Retirements of Public Employees.

In case the Executive Power extends, for reasons of convenience, the services of a diplomat entitled to retirement, such diplomat shall continue to contribute to INJUPEMP, and in this case, the amount of his pension shall increase proportionally to the contributions paid in excess of the time required by the Law on Pensions and Retirements of Public Employees.

Career diplomatic officials who, in accordance with this Law, are in a situation of effective service or availability by resolution of the Executive Power, shall be entitled to the benefits established by the Law on Pensions and Retirements of Public Employees.

In case of death of the diplomatic official, his heirs shall have the right to have the remains repatriated at the expense of the State, as well as to the payment of funeral expenses, and to the passage and return expenses to Honduras of the family members of the deceased official.

The Diplomatic Service of Honduras shall be performed by career diplomatic officials, except for the exceptions that this Law contemplates. The joint representations of Honduras with other States or the temporary representation of the interests and rights of Honduras and its nationals by a third State shall be governed by the international agreements concluded for such purposes.

Career officials are those who appear in the Diplomatic Roster.

For the position of Head of Mission with the rank of Ambassador, the Executive Power may appoint persons who, even if they are not Career Ambassadors, meet the requirements of competence, honesty, experience and other essential qualifications for the satisfactory performance of the position.

Those who have held diplomatic positions for a period of not less than three years may request their incorporation into the Diplomatic Service.

Diplomatic officials who hold the rank of Ambassador and have university or post-university education in International Law, international relations, diplomacy, international economics and other related disciplines, or who have taught university courses in matters related to the international field for a minimum of five years, shall not be required to fulfill the time of service requirement established in the preceding Article.

The Diplomatic Service begins with the rank of Third Secretary and ends with the rank of Extraordinary Ambassador and Plenipotentiary. The hierarchical scale of the Diplomatic Service is as follows:

• a)

  Extraordinary Ambassador and Plenipotentiary;

• b)

  Minister;

• c)

  Minister Counselor;

• ch)

  Counselor;

• d)

  First Secretary;

• e)

  Second Secretary; and, f) Third Secretary;

The Secretariat of State in the Office of Foreign Relations shall maintain a service record for each of the persons who make up the Diplomatic Service in which shall be noted, with all rigor, both the merits and merit notations that refer to both their official and personal conduct.

To be an aspirant to enter the diplomatic service, the following requirements must be fulfilled:

• a)

  To be Honduran by birth;

• b)

  To be in full enjoyment of civil and political rights;

• c)

  Not to be over sixty years of age;

• ch)

  To enjoy good health and not suffer from any serious physical defect;

• d)

  To have no criminal record; and to be of impeccable moral character;

• e)

  To be a graduate of the School of Diplomacy and International Relations or of a higher education institution in the country, or from abroad, duly recognized;

• f)

  To present the corresponding application.

As additional scoring, the following shall be taken into account for the evaluation of the aspirant:

• a)

  Other university degrees or post-graduate degrees in International Law, Diplomacy, Humanities, International Relations, History, Economics or other disciplines;

• b)

  Knowledge of languages; and,

• c)

  To have published works related to the matters indicated in subsection a) of this Article.

The requirements set forth in the two preceding Articles shall be verified by the Roster Commission.

The application for admission to the Diplomatic Service shall be presented by the interested party to the Secretariat of State in the Office of Foreign Relations, accompanied by the following documents:

• a)

  Identity Card and Certification of the Birth Certificate;

• b)

  Diploma, diplomas obtained or certifications of studies completed, as applicable;

• c)

  If married, Certification of the Marriage Certificate and Birth Certificate of his spouse;

• ch)

  Certificate of good health;

• d)

  Certificate of having no criminal record;

• e)

  Curriculum Vitae; and,

• f)

  The complementary documents that the Commission requests.

In addition to the foregoing requirements, the interested party shall be subject to a competitive examination of merit that the Escalafón Commission shall conduct among the applicants.

The Escalafón Commission shall administer rigorous examinations to persons who have graduated at minimum in Social Sciences and who comply with the other requirements, when there are insufficient applicants meeting the academic requirement established in subsection e) of Article 72. Approval of said examinations shall entitle the interested party to participate in the competitive examination of merit referred to in the preceding Article.

The Escalafón Commission shall timely announce and publish in at least one of the newspapers with the widest circulation in the country, the number of vacant positions, as well as the date of the competition and the deadline for submission of applications and required documents. Upon expiration of said deadline, the Commission shall prepare the definitive list of applicants.

The examinations mentioned in Article 77 shall cover matters related to the diplomatic career as established by the Escalafón Commission, whose list shall be announced when said examinations are convened. Article 80: The result of the competition shall form part of the personal file of the applicant; and based on it, the Escalafón Commission shall make the corresponding recommendation to the Secretary of State in the Office of Foreign Relations.

Entry into the Diplomatic Career shall be made in the initial category established in Article 70.

The positions of Third Secretary through the penultimate category inclusive may only be held by career diplomatic officials. The appointment of Ambassador Extraordinary and Plenipotentiary may in certain cases fall upon the persons referred to in Article 67 of this Law. Chapter III OF THE DIPLOMATIC ESCALAFÓN

Only officials registered in the Diplomatic Escalafón shall be considered career diplomats.

Those who have complied with the requirements established in this Law shall be registered in the Diplomatic Escalafón.

Diplomatic officials shall be accredited with the same rank they hold in the Escalafón or with the next higher rank, except as stipulated in Article 67.

Registration in the Diplomatic Escalafón shall be effected by strict seniority in each of the categories of the hierarchical scale established by this Law.

Officials who occupy or have occupied the positions of Secretary and Undersecretary of State in the Office of Foreign Relations shall be registered in the Diplomatic Escalafón with the rank of Ambassador. Chapter IV OF PROMOTIONS

The categories in the Diplomatic Career from entry through the highest of the Diplomatic Escalafón shall be filled by strict promotion.

Promotions in the Diplomatic Escalafón shall only be effected when the official meets the requirements established in the provisions of this Law and its Regulations. Article 90: To be promoted from one category of the Diplomatic Escalafón to another, a minimum of three years of service in the category from which promotion is being made is required.

When two or more persons meet the time requirements established in order to be promoted to the next higher category, preference shall be given to the one who, in the judgment of the Secretary of State in the Office of Foreign Relations, has demonstrated greater efficiency in the performance of his duties, taking into account merit, experience, and personal background. In equal circumstances, preference shall be given to the one with greater seniority in service. TITLE III OF TRANSITORY AND FINAL PROVISIONS Chapter I OF TRANSITORY PROVISIONS Article 92: Within fifteen days following the issuance of this Law, the Executive Branch, by agreement issued through the Secretary of State in the Office of Foreign Relations, shall determine the officials who shall be incorporated into the Diplomatic Escalafón and consequently into the Diplomatic Career. Article 93: Persons who hold paid diplomatic positions without being incorporated into the Escalafón shall enjoy, while exercising their position, diplomatic status and the other rights reserved to career officials except those expressed in subsections a), b), and f) of Article 40. Article 94: The persons mentioned in the preceding Article may request their entry into the Diplomatic Career once the requirements established in this Law have been met. Chapter II OF FINAL PROVISIONS Article 95: The Secretary of State in the Office of Foreign Relations is authorized to issue the regulations necessary for the implementation of this Law.

This Law repeals Legislative Decree No. 103 of February 15, 1906, which promulgates the Organic Law of the Honduran Diplomatic Corps, and the corresponding amendments thereto, as well as any other provisions that conflict with it.

This Law shall enter into force as of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of May of nineteen hundred eighty-four.