Separate DARA from SEFIN
Poder Ejecutivo
- Decree: 17-2010
- Published: February 10, 2016
- Issuing body: Poder Ejecutivo
- Gazette: 33,956
- Category: Financial & Tax
Summary
This decree separates the Customs Revenue Directorate (DARA) from the Executive Revenue Directorate and transfers it to the Finance Ministry. It transfers its budget, assets, and employees to Finance while preserving workers' labor rights. It takes effect in March 2016.
Considerations
That by means of Executive Agreement Number 053-2014 dated February 10, 2014, the citizen ERNIE EMILIO SILVESTRI THOMPSON was appointed as Director and Legal Representative of the Honduran Institute of Tourism.
That by means of Executive Agreement Number 057-2014 dated May 21, 2014, the Secretary of State in the Office of Economic Development and Coordinator of the Economic Development Sector Cabinet, delegated the power to sign all types of documents for the adoption of commitments and formalization of payments in representation of the Honduran Institute of Tourism, as well as to issue and sign agreements or resolutions that must be adopted in execution of its laws and regulations whose application is the responsibility of the institute, to the citizen ERNIE EMILIO SILVESTRI THOMPSON, Director of the Honduran Institute of Tourism.
That in accordance with Article 123 of the General Law of Public Administration, the head of an agency, in case of absence or legal impediment, shall be replaced by the subordinate highest in rank, and given that the highest ranking position is currently held by the General Secretariat.
That by means of Executive Agreement Number 084-A-2015 dated August 3, 2015, the citizen ANALESKY FONSECA TREJO was appointed as General Secretary of the Honduran Institute of Tourism.
That in accordance with Article 245 of the Constitution of the Republic, the President of the Republic has charge of the General Administration of the State and has the authority to issue Agreements, Decrees and to issue Regulations and Resolutions in accordance with the Law.
That Article 22 numeral 3) of the General Law of Public Administration establishes that the Council of State Secretaries has among other attributions the creation, modification, merger and transfer of administrative agencies.
That in accordance with Legislative Decree Number 17-2010 dated March 28, 2010, published in the Official Gazette La Gaceta dated April 22, 2010, which creates the Executive Revenue Authority (DEI) whose function is to manage tax and customs systems and the Executive Authority must exercise its executive functions through three Assistant Directorates, one of which is the Assistant Directorate of Customs Revenue (DARA).
That the President of the Republic must take the measures that are necessary to ensure that plans, policies, projects and programs are fulfilled, for which he must create or modify the instances of strategic leadership that he deems pertinent. THEREFORE: In exercise of the powers contained in Articles 245 numeral 11) of the Constitution of the Republic; Articles 22 attribution 3); 116, 117 and 119 final paragraph of the General Law of Public Administration and its reforms by means of Legislative Decree 266-2013.
Articles
Split the Deputy Directorate of Customs Revenue (DARA) from the Executive Directorate of Revenue (DEI) and assign it to the Secretariat of State in the Ministry of Finance.
Due to the split indicated in the preceding section, the resources allocated in the General Budget of Income and Expenses of the Republic of the aforementioned agency and all actions and rights corresponding to it shall be transferred to the Secretariat of State in the Ministry of Finance, immediately.
The Secretariat of State in the Ministry of Finance is responsible, to the extent applicable, for the administration of personnel and assets of the Deputy Directorate of Customs Revenue (DARA) for which it shall proceed to draw up a detailed inventory of the assets that make up the patrimony of the aforementioned Directorate, and shall take the necessary measures for the direction of the mandate established in this Decree.
The officials, employees, or civil servants who hold Appointment Agreements and who work in the Deputy Directorate of Customs Revenue (DARA) shall retain their seniority and Labor Rights in accordance with the Law. In the case of contracted employees, they must comply with the term and contractual conditions agreed upon.
This Executive Decree enters into force as of the fourteenth (14) day of March of the year two thousand sixteen (2016), after its publication in the Official Gazette "La Gaceta". Given in the Chamber of Sessions of the Presidential House in the city of Tegucigalpa, municipality of the Central District, on the twenty-sixth (26) day of the month of November of the year two thousand fifteen (2015). BE IT COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNANDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. LUIS FERNANDO SUAZO SECRETARY OF GENERAL GOVERNMENT COORDINATION, BY LAW REINALDO ANTONIO SANCHEZ SECRETARY OF THE PRESIDENCY RIGOBERTO CHANG CASTILLO SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION RICARDO LEONEL CARDONA SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION CARLOS MADERO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY DILCIA LIZETH AGUIRIANO SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT, BY LAW JORGE JOHNNY HANDAL SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK, BY LAW ROBERTO ANTONIO ORDÓÑEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JOSÉ ANTONIO GALDAMES SECRETARY OF STATE IN THE OFFICES OF ENERGY, NATURAL RESOURCES, ENVIRONMENT AND MINES JULIÁN PACHECO SECRETARY OF STATE IN THE OFFICE OF SECURITY WILFREDO CERRATO SECRETARY OF STATE IN THE OFFICE OF FINANCE EDNA YOLANI BATRES SECRETARY OF STATE IN THE OFFICE OF HEALTH MARÍA ANDREA MATAMOROS SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION, BY LAW MARLON ONIEL ESCOTO VALERIO SECRETARY OF STATE IN THE OFFICE OF EDUCATION
Related laws
- Legislative Decree 17-2010 creating the Executive Revenue Directorate (ERD) — This decree creates the Executive Revenue Directorate (DEI) to manage Honduras's tax and customs systems. The DEI operates through three deputy directorates that collect taxes and regulate customs trade, benefiting the State with income to finance public services. (Decree 17-2010, 2016)
- Decreto mediante el cual se nombra una Comisión Interventora de la Dirección General de Servicio Civil
- Decreto mediante el cual se nombra una Comisión Interventora de la Dirección General de Servicio Civil
- Decreto mediante el cual se nombra una Comisión Interventora de la Dirección General de Servicio Civil
- Executive Decree PCM-08-2023 whereby a Supervisory Commission is appointed for the General Directorate of Civil Service — This decree establishes an Intervention Commission to manage the General Civil Service Office for six months. The commission will conduct audits, update laws and regulations, and evaluate public service personnel to address corruption and institutional dysfunction. It benefits citizens by seeking to improve state administration and eliminate irregular practices. (Decree PCM-08-2023, 2023)