Civil Aviation Security Law of Honduras

This Law is of public order and establishes the legal, organizational, and functional bases that regulate Civil Aviation Security in the territory and national airspace.

For the purposes of this Law and the activities regulated thereby, "Civil Aviation Security" shall be understood as actions aimed at ensuring the protection and safeguarding of passengers, crews, ground personnel, and the general public; as well as aircraft, airports and aerodromes, infrastructure and installations that provide services to aviation, against acts of unlawful interference and other acts perpetrated on the ground or in the air. The foregoing is without prejudice to preserving the regularity and efficiency of national and international air traffic during normal operations. This objective is achieved through a combination of measures and human and material resources.

The State of Honduras guarantees Civil Aviation Security through the Division of Airport Security (DSA), in coordination with public institutions with partial competencies therein; for such purpose it is obligated to issue regulations containing procedures, mechanisms, programs, and sanctions in order to safeguard the security of operations, providing protection against acts of unlawful interference, attacks against the security of aircraft, their users, and goods transported therein or others that form part of airport infrastructure, perpetrated by persons or associations of persons. To achieve the objectives of this Article, in addition to issuing and promulgating the aforementioned norms, existing internal norms must be complied with and applied, as well as the legal principles of International Law and in the Treaties and International Conventions, subscribed, ratified, and acceded to by the State of Honduras.

Any natural or juridical person, national or foreign, who participates in the structure of Civil Aviation Security; aircraft operators, airport operators, air navigation service providers, security providers, intelligence agencies, police authority, and other authorities charged with enforcing the Law, have the duty to strictly comply with the provisions contained in this Law, as well as in Civil Aviation Security Programs.

The regulatory entities in the matter of Civil Aviation Security are:

• 1)

  The National Council of Defense and Security;

• 2)

  The National Directorate of Investigation and Intelligence (DNII); and,

• 3)

  The Division of Airport Security (DSA).

For the purposes of this Law the following is understood as:

• 1)

  ACTS OF UNLAWFUL INTERFERENCE: These are acts or attempted acts intended to compromise Civil Aviation Security, the following:

  • a)

    Unlawful seizure of aircraft;

  • b)

    Destruction of an aircraft in service;

  • c)

    Taking of hostages aboard aircraft, at airports and/or aerodromes;

  • d)

    Forcible intrusion aboard aircraft, at airports and/or aerodromes or within the perimeter of an airport installation;

  • e)

    Introduction aboard aircraft, at airports and/or aerodromes, of weapons, artifacts or dangerous substances for criminal purposes;

  • f)

    Use of aircraft in service with the purpose of causing death, serious bodily injury, or serious damage to property or the environment; and, g) Communication of information known to be false that compromises the security of an aircraft in flight, or on the ground, or the safety of passengers, crew, ground personnel, and public at an airport or within the perimeter of a civil aviation facility. The foregoing is without prejudice to the definitions established in the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Article 2 of the Protocol for the Suppression of Unlawful Acts of Violence at Airports, Penal Code of Honduras, and any other related definition.

• 2)

  AIRPORT ADMINISTRATOR: The state entity or natural or juridical person not stated that is the holder of a concession related to civil aviation activities, which is obligated to comply with the conditions established in the Concession Contract, Annexes, and Modifications.

• 3)

  STATE AIRCRAFT: Those that perform a public function: military, customs, or police.

• 4)

  INTERNATIONAL AIRPORTS: Any airport designated by the State in whose territory it is situated as an entry or exit point for international air traffic where customs, migration, public health, veterinary and phytosanitary regulations, and similar procedures are carried out.

• 5)

  HONDURAN AGENCY OF CIVIL AERONAUTICS (AHAC): National Security Institution, deconcentrated entity of the Secretariat of State in the Ministry of National Defense (SEDENA), responsible for issuing norms, exercising supervision and surveillance over all activities related to civil aviation.

• 6)

  COMPETENT AUTHORITY IN CIVIL AVIATION SECURITY: The Division of Airport Security (DSA) dependent on the National Directorate of Investigation and Intelligence (DNII) designated to be responsible within its administration for developing and applying norms, recommended methods, preventive measures, and procedures to safeguard civil aviation against acts of unlawful interference, bearing in mind the security, regularity, and efficiency of flights.

• 7)

  SECURITY CONDITIONS: The security conditions that the State must maintain at airports and/or aerodromes, through its security organs or institutions. Such conditions must conform to the Honduran norms established in the National Civil Aviation Security Program, National Facilitation Program for Air Transport, and the Airport Security Program.

• 8)

  CHICAGO CONVENTION: The Convention on International Civil Aviation, subscribed in the City of Chicago, United States of America, of which Honduras is a party, which contains the general framework or codification of Public International Aeronautical Law and the constitution of the International Civil Aviation Organization (ICAO).

• 9)

  CIVIL AVIATION SECURITY DIRECTIVE: Document issued by the Division of Airport Security (DSA), with the objective of implementing measures and procedures necessary for Civil Aviation Security whose compliance must be mandatory.

• 10)

  DIVISION OF AIRPORT SECURITY: Competent Authority in Civil Aviation Security, dependent on the National Directorate of Investigation and Intelligence (DNII).

• 11)

  FACILITATION: The application of norms and procedures to expedite proceedings in matters of security, necessary in order to minimize operational and administrative delays in the reception and dispatch of aircraft, passengers, baggage, and air cargo, in accordance with Annex Nine (9) of the Convention on International Civil Aviation.

• 12)

  CIVIL AVIATION SECURITY INSPECTION: Examination of the application of pertinent requirements of the National Civil Aviation Security Program by an airline, an airport and/or aerodrome or other organism charged with Civil Aviation Security.

• 13)

  AERONAUTICAL AREA: Movement area of an airport and/or aerodrome and the adjacent land and buildings or parts thereof, whose access is controlled.

• 14)

  PUBLIC AREA: Area of an airport and the buildings to which traveling passengers and non-traveling public have unrestricted access.

• 15)

  DISRUPTIVE PERSON: A person who does not comply with norms of conduct at an airport and/or aerodrome, aboard an aircraft, or who does not comply with instructions of airport and/or aerodrome personnel or crew members; consequently, disturbs order and discipline at the airport and/or aerodrome or aboard the aircraft, as well as one who contravenes the Police and Social Coexistence Law.

• 16)

  INSUBORDINATE PASSENGERS: Persons who commit aboard a civil aircraft, from the moment the aircraft door is closed before takeoff until the moment it is opened after landing, an act of:

  • a)

    Assault, intimidation, threat, or intentional reckless act that endangers the order or safety of property or persons;

  • b)

    Assault, intimidation, threat, or interference with the performance of functions of a crew member or that diminishes their capacity to perform such functions;

  • c)

    Intentional reckless act or damage to an aircraft, its equipment or structures, and service equipment that endangers the order and operational safety of the aircraft or the safety of its occupants;

  • d)

    Communication of information known to be false, thereby endangering the operational safety of an aircraft in flight; and, e) Disobedience of legitimate orders or instructions issued for the purpose of conducting safe, orderly, or efficient operations.

• 17)

  CONTINGENCY PLAN: "Preventive" plan to include measures and procedures for various levels of threat, risk assessments, and corresponding security measures to be applied, with the purpose of anticipating and mitigating events, as well as preparing all interested parties having functions and obligations in case an act of unlawful interference is carried out. A contingency plan establishes graduated security measures that can be increased as the threat increases. It may be an independent plan or be included as part of the crisis management plan.

• 18)

  NATIONAL CIVIL AVIATION SECURITY PROGRAM (PNSAC): The Civil Aviation Security document aimed at the application of norms and recommended methods of Annex Seventeen (17) "SECURITY" of the Convention on International Civil Aviation, as well as provisions relating to Civil Aviation Security contained in the annexes, other documents, and conventions related to Civil Aviation Security.

• 19)

  AVIATION SECURITY: Combination of measures and human and material resources aimed at protecting civil aviation against acts of unlawful interference.

The jurisdictional scope of this Law extends to the airports and/or aerodromes of the country, as well as to the different areas, zones, parts, and installations that provide services to civil aviation, aircraft on the ground and in flight. It includes any natural or juridical person who enters or operates in an airport and/or aerodrome and makes use of airport installations, services provided within the airport and/or aerodrome, or who has any type of direct or indirect relationship with airport, aeronautical or non-aeronautical activity developed therein insofar as Civil Aviation Security is concerned.

For the purposes of this Law, any civil aircraft found in Honduran territory or flying over it, as well as its crew, are subject to the jurisdiction and competence of Honduran authorities. The knowledge of cases concerning facts occurring, juridical acts, and acts and/or attempts of unlawful interference carried out and crimes committed aboard an aircraft registered in Honduras in Honduran territory and its jurisdictional waters, or where no state exercises sovereignty, must be submitted to Honduran laws and jurisdiction. Likewise, facts occurring, juridical acts, acts and/or attempts of unlawful interference, and crimes committed aboard foreign aircraft flying over Honduran territory and its jurisdictional waters are submitted to Honduran jurisdiction and laws, when they violate Civil Aviation Security or the public order of the Honduran State and persons domiciled therein.

Acts of unlawful interference and other acts that violate Civil Aviation Security involving state aircraft of foreign States are subject to applicable norms of international law.

The activity of Civil Aviation Security is governed by the Constitution of the Republic of Honduras, by the Treaties and International Conventions subscribed, ratified, and acceded to by the State of Honduras, by this Law, its implementing Regulation, the National Civil Aviation Security Program, and the Civil Aviation Security Directives.

The State of Honduras may adopt any norm or method of Civil Aviation Security recommended by the International Civil Aviation Organization (ICAO), in accordance with what is prescribed in the Chicago Convention.

Public and private entities involved in civil aviation must issue supplementary provisions that permit the correct application of international conventions related thereto, signed and ratified by Honduras. CHAPTER II DUTIES OF THE REGULATORY ENTITIES OF CIVIL AVIATION SECURITY

The duties of the National Council of Defense and Security are those contemplated within the Law of the National Council of Defense and Security.

In addition to those contained in the Law of the National Council of Defense and Security and in the Law of National Intelligence, the National Directorate of Investigation and Intelligence (DNII), in matters of Civil Aviation Security, is responsible for:

• 1)

  Executing through the Division of Airport Security (DSA) the public policies on Civil Aviation Security issued by the National Council of Defense and Security;

• 2)

  Proposing for approval by the Executive Power the regulations on Civil Aviation Security with prior consent of the National Council of Defense and Security;

• 3)

  Approving the reforms or amendments of the National Civil Aviation Security Program (PNSAC), and must inform the President of the Republic;

• 4)

  Approving the National Quality Control Program (PNCC), the National Civil Aviation Security Instruction Program (PNISAC), and the National Air Cargo Program (PNCA), among others, that are presented to it by the Division of Airport Security (DSA);

• 5)

  Managing the financial, material, and human resources necessary to maintain active and strengthened Civil Aviation Security services, for the supervision and fiscal control of airport security operations;

• 6)

  Approving the organizational chart and structure of the Division of Airport Security (DSA), taking into consideration the recommendations made in that regard by said Division;

• 7)

  Appointing, suspending, and replacing the person who will exercise the leadership and sub-leadership of the Division of Airport Security (DSA);

• 8)

  Appointing, hiring, promoting, transferring, terminating, and assigning personnel proposed by the Division of Airport Security (DSA) in accordance with legally established procedures and technical requirements;

• 9)

  Appointing a technical advisor specialist in Civil Aviation Security, whose purpose must be to exercise supervision of the administrative and operational processes and activities of the Division of Airport Security (DSA);

• 10)

  Appointing a legal advisor in Civil Aviation Security, whose purpose must be to ensure that the activities of the Division of Airport Security (DSA) are conducted within the applicable legal framework;

• 11)

  Developing investigation and intelligence activities, integrating the State Security Organs, in order to respond to acts of unlawful interference for the adoption of new security measures;

• 12)

  Approving the rates to users established to cover costs for issuance of cards, permits, inspections, training, review and approval of security and instruction programs, airport security services, and security assessments;

• 13)

  Presiding over the National Air Transport Security Committee (CONASTA); and,

• 14)

  Other responsibilities that are established in the National Civil Aviation Security Program (PNSAC). CHAPTER III COMPETENT AUTHORITY IN CIVIL AVIATION SECURITY

It is the competent authority in Civil Aviation Security in Honduras, whose mission is to prevent acts of unlawful interference and to conduct special operations of surveillance, control, inspection, search, and interdiction with the purpose of identifying and combating the commission of crimes in airport activities, as well as to identify and correct irregularities in the processes of national and international civil aviation in order to neutralize their effects on the security of the State and persons within strict respect for the Law and Human Rights, and must frame its actions within the limits established by the Constitution of the Republic, the Treaties and International Conventions that the State of Honduras has subscribed, ratified, and acceded to, this Law, its Regulation, and the National Civil Aviation Security Program (PNSAC). In accordance with these powers, it may issue Civil Aviation Security Directives (DSAC) to regulate Civil Aviation Security in Honduras. The Division of Airport Security (DSA) must have the necessary departments to guarantee the effective functioning of Civil Aviation Security operations.

COMPETENCIES. The competencies of the Airport Security Division (DSA) are the following:

• 1)

  Execute the Civil Aviation Security policies and national security policies established by the National Defense and Security Council through the National Investigation and Intelligence Directorate (DNII);

• 2)

  Ensure strict compliance with this Law, its Regulation, and the National Civil Aviation Security Program (PNSAC);

• 3)

  Comply with the obligations derived from International Conventions or Treaties subscribed to, ratified, and acceded to by the State of Honduras in matters of Civil Aviation Security;

• 4)

  Formulate and propose plans, programs, or projects to its superiors that strengthen the institution, guarantee compliance with standards, and systematically develop human capital in matters of competence; and,

• 5)

  Prepare, apply, maintain updated, and review the National Civil Aviation Security Program (PNSAC) and other programs in accordance with the provisions of Annex Seventeen (17) and/or other Annexes to the International Civil Aviation Convention.

DIRECTION AND ADMINISTRATION. The Direction and Administration of the Airport Security Division (DSA) must be in charge of a Division Chief and a Deputy Chief, appointed by the Director of the National Investigation and Intelligence Directorate (DNII).

REQUIREMENTS. To be Division Chief or Deputy Chief, the following are required:

• 1)

  To be Honduran by birth;

• 2)

  Over thirty (30) years of age and in full exercise of civil rights;

• 3)

  University professional with a degree approved by the Council of Higher Education of Honduras;

• 4)

  With minimum experience of five (5) years in Civil Aviation Security;

• 5)

  Of recognized integrity and suitability;

• 6)

  Not to have criminal or family records;

• 7)

  Not to have pending accounts with the State;

• 8)

  To enjoy good physical and mental health;

• 9)

  Not to have judicial proceedings against the State and others that may be established; and,

• 10)

  Others established by the National Investigation and Intelligence Directorate (DNII).

DISQUALIFICATIONS. The following cannot be appointed as Chief or Deputy Chief of the Airport Security Division (DSA):

• 1)

  Persons who are partners of commercial air transport companies or who have economic or financial interest, links, or paid subordinate employment with Aeronautical companies;

• 2)

  Those who directly or indirectly are concessionaires of the State in the sector; and,

• 3)

  The spouses and relatives of the President of the Republic and of those Designated to the Presidency, of the Secretaries and Sub-Secretaries of State, of the Director and Deputy Director of the National Investigation and Intelligence Directorate (DNII) within the fourth degree of consanguinity or second degree of affinity.

The Chief and Deputy Chief of the Airport Security Division must cease their functions for the following reasons:

• 1)

  Incapacity or manifest negligence or serious non-compliance with their functions;

• 2)

  Final judicial conviction for criminal cause;

• 3)

  Proven arrears with the Public Treasury;

• 4)

  Disposition of the National Director of Investigation and Intelligence (DNII);

• 5)

  Resignation; and,

• 6)

  Death.

The Chief of the National Investigation and Intelligence Directorate (DNII) must approve the technical and administrative structure of the Airport Security Division (DSA), establishing the departments necessary for its operation in accordance with this Law and its Regulation.

POWERS OF THE CHIEF OF THE AIRPORT SECURITY DIVISION (DSA). The powers of the Chief of the Airport Security Division (DSA) are the following:

• 1)

  Represent the Airport Security Division (DSA);

• 2)

  Execute actions appropriate to achieve the objectives of the Airport Security Division (DSA) within the scope of the competencies indicated in Article 16 of this Law;

• 3)

  Ensure faithful compliance with treaties and conventions subscribed by Honduras in matters of Civil Aviation security, this Law, and its Regulation;

• 4)

  Take appropriate actions regarding personnel under his charge for loss of confidence provided that it has support and justified cause that endangers aviation security;

• 5)

  Periodically report to the Director of the National Investigation and Intelligence Directorate (DNII) on all activity of the Airport Security Division (DSA) in order to establish new security mechanisms; and,

• 6)

  Others that may be conferred upon him in the Regulation of this Law.

REPORT. The Airport Security Division (DSA) must send annually a complete report of activities to the National Investigation and Intelligence Directorate (DNII), which must be brought to the attention of the National Defense and Security Council (CNDS) to be included in its report to the National Congress. Such report must contain the studies and compiled data deemed valuable in the resolution of problems related to the development and Civil Aviation Security, together with recommendations for reforms and additions to existing legislation.

BUDGET: For the fulfillment of its functions, the Airport Security Division (DSA) has a budget made up of:

• 1)

  The allocation assigned to it in the General Budget of Income and Expenditures of the Republic through the National Investigation and Intelligence Directorate (DNII);

• 2)

  Resources from contributions as well as public charges, according to its needs and which must be approved by the Legislative Branch;

• 3)

  Funds from the pecuniary sanctions established in this Law;

• 4)

  Those derived from tariffs, contributions, sanctions, and fees incurred for administrative actions such as: issuance of cards, permits, inspections, approval of programs, certification of personnel of air operators, airport security services, and security evaluations; and,

• 5)

  Funds from the security tariffs established by the Law, applied to passengers at international airports.

ASSURANCE OF FINANCIAL RESOURCES. The National Defense and Security Council (CNDS) and the National Investigation and Intelligence Directorate (DNII) have the responsibility to ensure that the Airport Security Division (DSA) has sufficient financial resources for the implementation of this Law, its regulation, the National Civil Aviation Security Program (PNSAC), and other safety programs for civil aviation. CHAPTER IV NATIONAL COMMITTEE FOR CIVIL AIR TRANSPORT SECURITY (CONASTA)

NATIONAL COMMITTEE FOR CIVIL AIR TRANSPORT SECURITY (CONASTA). The National Committee for Civil Air Transport Security (CONASTA) is the consultation and advisory body of the competent authority in matters derived from the execution of the National Civil Aviation Security Program (PNSAC), and must be composed of representatives of the State and of the Aeronautical industry, the latter acting pro bono when required. Its composition, functions, and responsibilities must be addressed in the National Civil Aviation Security Program (PNSAC). CHAPTER V CIVIL AVIATION SECURITY PROGRAMS

NATIONAL CIVIL AVIATION SECURITY PROGRAM (PNSAC). The National Civil Aviation Security Program (PNSAC) establishes the responsibilities and tasks conducive to ensuring Civil Aviation Security, and is mandatory for public and private organizations and institutions that participate in Civil Aeronautical activity directly or indirectly.

NATIONAL PROGRAM FOR QUALITY CONTROL OF CIVIL AVIATION SECURITY (PNCC). The National Program for Quality Control of Civil Aviation Security (PNCC) establishes the control measures, techniques, and surveillance activities used to evaluate the Civil Aviation Security system.

NATIONAL PROGRAM FOR CIVIL AVIATION SECURITY INSTRUCTION (PNISAC). The National Program for Civil Aviation Security Instruction (PNISAC) aims to provide a framework for the selection, instruction, and certification of personnel in charge of Civil Aviation Security and determines the various responsibilities; it also establishes the responsibilities related to instruction that correspond to all entities responsible for implementing the security measures described in the National Civil Aviation Security Program (PNSAC).

POWER TO APPROVE AND MODIFY THE NATIONAL CIVIL AVIATION SECURITY PROGRAM (PNSAC), THE NATIONAL PROGRAM FOR QUALITY CONTROL OF CIVIL AVIATION SECURITY (PNCC), THE NATIONAL PROGRAM FOR CIVIL AVIATION SECURITY INSTRUCTION (PNISAC), AND OTHER NATIONAL PROGRAMS. The National Director of Investigation and Intelligence, at the proposal of the Airport Security Division (DSA), has the discretionary power to approve, incorporate modifications and updates to the National Civil Aviation Security Program (PNSAC), the National Quality Control Program (PNCC), the National Civil Aviation Security Instruction Program (PNISAC), and other National Programs; for its validity, the approval Agreement must be published in the Official Gazette "La Gaceta", reserving the content of such programs for reasons of national security, distributing them only among the parties that maintain functions within the same.

EFFECTIVENESS OF AIRPORT SECURITY PROGRAMS (PSA), AIRCRAFT OPERATORS SECURITY PROGRAMS (PSE) AND OTHERS. The Head of the Airport Security Division (DSA) in the exercise of his or her powers shall have the authority to approve and order the implementation of Airport Security Programs (PSA), Aircraft Operators Security Programs (PSE), Security Programs for Private Aviation Security Service Providers, and Security Programs for other service providers at airports located within national territory.

CORRECTIVE MEASURES. The Head of the Airport Security Division (DSA) in the exercise of his or her powers must issue the precautionary and/or corrective measures necessary in coordination with the competent authorities, including the suspension of airport and aeronautical operations to any natural or legal person exercising Aviation Security procedures, when it is duly confirmed that violations have been committed to national regulations and related documents in matters of Aviation Security that place at high risk the Civil Aviation Security System and National Security. The Head of the Airport Security Division (DSA), through its national quality control inspectors, may suspend the operation of a national and/or foreign aircraft when there exist rational and duly confirmed indications that violate Civil Aviation Security; the foregoing is without prejudice to the revocation of such action when the operator demonstrates or, as the case may be, corrects that it has complied with Civil Aviation Security procedures. CHAPTER VI RESPONSIBLE ENTITIES IN THE CIVIL AVIATION SECURITY SYSTEM

State Organisms involved are obligated to comply with what is stipulated in the National Civil Aviation Security Program (PNSAC). The State entities and their departments that by their jurisdiction have responsibilities in Civil Aviation Security are the following:

• 1)

  National Council of Defense and Security;

• 2)

  State Secretariat of the Office of National Defense;

• 3)

  State Secretariat of the Office of Security;

• 4)

  National Investigation and Intelligence Directorate (DNII);

• 5)

  Public Ministry (MP);

• 6)

  National Migration Institute (INAM);

• 7)

  Honduran Civil Aviation Agency (AHAC); and,

• 8)

  Any other organism that is linked with Aviation Security.

Private Institutions that carry out activities at airports or aerodromes are obligated to comply with what is stipulated in the National Civil Aviation Security Program (PNSAC) and in the other regulatory provisions issued to ensure the effectiveness of Civil Aviation Security regulations, have responsibilities in Civil Aviation Security:

• 1)

  Airport and/or Aerodrome Administrators;

• 2)

  Aircraft Operators;

• 3)

  Commercial Platform and General Aviation Operators;

• 4)

  Companies supplying articles for in-flight services and provisions on board;

• 5)

  Companies supplying aircraft cleaning and airport and/or aerodrome facilities;

• 6)

  Security Companies and Civil Aviation Companies; and,

• 7)

  Any other that is linked with Civil Aviation Security.

Every passenger who intends to travel by air must allow himself or herself to be inspected along with his or her carry-on and checked baggage by security personnel of the Airport Security Division (DSA) at control posts; otherwise, they must be denied access to boarding areas; being exempt the personalities that are established in the National Civil Aviation Security Program (PNSAC), as well as those established by the National Council of Defense and Security through resolution. The aircraft commander has the authority to disembark from the aircraft any disruptive or insubordinate passenger who threatens Aviation Security. Passengers considered disruptive or insubordinate may be prevented from traveling by air. For this purpose, aircraft operators must inform the Airport Security Division (DSA) of such incidents and it must maintain a record of them. The prohibition of air transport of disruptive or insubordinate passengers may be decided by the aircraft operator.

Aerodromes and Civil Airports are strategic installations within the National Security System. CHAPTER VII AERODROMES AND CIVIL AIRPORTS

Civil Aviation Security at Aerodromes and Civil Airports of the Country is subject to the regulatory control of the Airport Security Division.

Civil Airports must meet the architectural requirements and those related to infrastructure that are necessary for the application of security measures of the National Civil Aviation Security Program (PNSAC) and the Airport Security Programs (PSA); and the Airport Security Division (DSA) shall rule on the design and construction of new facilities, as well as the reforms carried out in existing airports, establishing whether or not they comply with the required standards in matters of Security and Civil Aviation that concern it.

The Airport Security Division (DSA) must ensure that the use of Aerodromes is in accordance with the purpose of their construction in order to prevent illicit activities. The Airport Security Division (DSA) must recommend corrective measures or, as the case may be, the closure of Aerodromes that represent a danger to national security. CHAPTER VIII LABOR REGIME OF THE PERSONNEL OF THE AIRPORT SECURITY DIVISION (DSA)

The professional and labor regime of the Airport Security Division (DSA) must be regulated under the regulations established in the Regulation of the National Investigation and Intelligence Directorate (DNII).

Personnel of the Airport Security Division (DSA) must carry the appropriate weapons for the established zones for the correct performance of their duties and comply with international regulations in matters of security and civil aviation and national laws. CHAPTER IX OFFENSES AND ADMINISTRATIVE SANCTIONS APPLICABLE TO NATURAL AND/OR LEGAL PERSONS RELATED TO CIVIL AVIATION. SECTION I COMPETENT AUTHORITY

COMPETENT AUTHORITY TO IMPOSE SANCTIONS. The Airport Security Division (DSA) is the competent authority to impose administrative sanctions applicable to natural or legal persons for the commission of offenses provided for in this Law, Programs and its Regulation.

ADMONITION. The Head of the Airport Security Division (DSA) may impose administrative or pecuniary sanctions for violations of this Law, its Regulation, Programs and Security Directives, except for those violations in cases that are not within its jurisdiction as established in Article 16 of this Law. Sanctions must be applied depending on the gravity of the infractions and the consequences for Civil Aviation Security. When initiating an administrative process for the commission of an infraction, prior to the application of a sanction, the Airport Security Division (DSA) must warn the violator so that he or she understands the reason for the sanction; this criterion must be applied if upon initiating the file it is detected that there is not sufficient merit to continue the sanctioning process.

CRITERION FOR APPLYING A SANCTION. In determining the type and appropriate measure of the sanction to be applied, the following must be considered: The nature of the infraction, whether it was deliberate or without malicious intent, the possible or real danger to civil aviation security, level of responsibility of the violator, his or her record of infractions, attitude with respect to the infraction, including whether he or she voluntarily disclosed the infraction and whether he or she adopted any measure to correct it, and the consequence of the sanction as a deterrent to others in similar situations. The administrative procedure for the hearing of airport offenses must be established by the respective Regulation. SECTION II OFFENSES AND ADMINISTRATIVE SANCTIONS

CLASSIFICATION OF OFFENSES. Offenses are classified as minor, serious, and very serious, which must be sanctioned in accordance with what is established in this Law, without prejudice to others that may be included in the future by recommendations of the International Civil Aviation Organization (ICAO) which is the international organism or by competent authority. Said sanctions shall be established in accordance with international regulation, based on Special Drawing Rights in accordance with the exchange rate of the Central Bank of Honduras (BCH).

MINOR OFFENSES. A fine of one hundred (100) to three hundred (300) Special Drawing Rights must be imposed for the commission of those offenses considered minor, in the following cases:

• 1)

  The violation of the National Program for Civil Aviation Security Instruction (PNISAC) and regulations related thereto, by personnel working in airport facilities related to the necessary instruction for contracted personnel;

• 2)

  The hiring of personnel to work in airport facilities without accreditation or authorization from the Airport Security Division (DSA) in application of its regulations;

• 3)

  The non-observance of formal or documentary obligations in the compliance with airport security program regulations;

• 4)

  Failure to submit the documentation corresponding to the Airport Security Division within the established deadlines, formats and other conditions set forth in the different programs and other civil aviation security regulations;

• 5)

  Failure to respect conduct standards in an Airport and/or Aerodrome or on board an aircraft; and,

• 6)

  Failure to comply with instructions from Airport personnel or crew members.

SERIOUS OFFENSES. A fine of three hundred one (301) to seven hundred (700) Special Drawing Rights must be imposed for the commission of those offenses considered serious, in the following cases:

• 1)

  Recurrence of a minor offense;

• 2)

  Verbal and/or physical aggression consequently disturbing order and discipline in the Airport and/or Aerodrome or on board the aircraft;

• 3)

  The violation of procedures for the application of norms, provisions and safety measures;

• 4)

  Non-compliance with safety requirements established by the Competent Authority; and,

• 5)

  Non-compliance with the Airport Security Program, Operator Security Program and Security Program of the Special Services Supply Company that prejudice the execution of the National Civil Aviation Security Program (PNSAC).

VERY SERIOUS OFFENSES. A fine of seven hundred one (701) to three thousand (3,000) Special Drawing Rights must be imposed for the commission of those offenses considered very serious, in the following cases:

• 1)

  Recurrence of a serious offense;

• 2)

  The dissemination of information related to the capabilities or deficiencies of the Civil Aviation Security System;

• 3)

  Operating without the corresponding security program authorized by the competent authority;

• 4)

  Carrying out operations and activities in areas where operations have been limited, suspended or prohibited in accordance with current legal provisions;

• 5)

  Issuing false reports or documents;

• 6)

  By knowingly communicating false reports, transport of explosives, weapons and other dangerous devices, thereby endangering civil aviation safety; and,

• 7)

  Introducing and/or allowing the transport of weapons, dangerous articles, flammable materials, explosives and in general any dangerous goods without complying with the corresponding provisions and/or without having their respective authorization.

The procedure to be followed in the verification of facts, the application of sanctions and the knowledge of administrative remedies, are those established in this Law and its implementing Regulation.

The exercise of the administrative sanctioning power is independent of the eventual concurrence of crimes or offenses of a penal nature; in such sense, the imposition of a sanction for an administrative offense does not exclude the application of a penal sanction.

In the prosecution and investigation of infractions related to Civil Aviation Security and National Security, the Airport Security Division (DSA) must assist the Public Ministry (MP) in all proceedings.

Any natural or legal person affected by administrative decisions imposed by the Airport Security Division (DSA) may exercise against such sanctions the remedies and terms established in the Administrative Procedure Law.

The Appeal must be submitted before the Airport Security Division and it must refer it to the National Directorate of Investigation and Intelligence (DNII) for its decision, together with the file and its report, within five (5) business days. The deadline for filing the appeal must be fifteen (15) business days from the day following the notification of the resolution.

Against resolutions issued by the National Directorate of Investigation and Intelligence (DNII) dismissing the Appeal, the Motion for Reconsideration shall be available. Reconsideration may be requested within ten (10) business days following the notification of the challenged act.

The Resolution of the Motion for Reconsideration may put an end to the Administrative Proceeding.

APPLICATION OF THE CHICAGO CONVENTION. The criteria for Civil Aviation Security must be applied in harmony with the facilitation criteria established in application of the Chicago Convention and vice versa. The Airport Security Division (DSA) and the Honduran Civil Aeronautics Agency (AHAC), must harmonize criteria when issuing regulations governing these matters.

SECURITY CONTROLS AND PROCEDURES. The Airport Security Division (DSA) must ensure that security controls and procedures cause a minimum of interference or delay in civil aviation activities, provided that the effectiveness of such controls and procedures is not compromised.

That which is not contemplated in this Law shall be resolved in accordance with international regulations, what the respective regulation provides and the customs and usages in matters of safety and civil aviation.

REGULATION. The National Directorate of Investigation and Intelligence (DNII), through the Airport Security Division (DSA), must proceed to regulate this Law, within a maximum period of sixty (60) calendar days from its entry into force.

This Decree shall enter into force from 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 days of the month of two thousand eighteen. MAURICIO OLIVA HERRERA PRESIDENT JOSE TOMAS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Power Therefore: Execute. Tegucigalpa, M.D.C., January 15, 2018. JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE FREDY SANTIAGO DIAZ ZELAYA