Law for Facilitation of International Humanitarian Assistance in Case of Disaster and Initial Recovery

PURPOSE. The purpose of this Law is to expand the response mechanisms of the State of Honduras in the event of disasters, emergencies, humanitarian crises, and public calamities occurring within national territory, being able to receive international humanitarian assistance in a complementary manner as support to national efforts. It also seeks to harmonize and establish the procedures, functions, and responsibilities related to facilitating international humanitarian assistance to Honduras in the case of natural disasters, emergencies, humanitarian crises, and public calamities. This Law does not apply to situations associated with civil or military armed conflicts or disasters produced within national territory; in such cases, international humanitarian assistance is governed by International Humanitarian Law.

DEFINITIONS. For the purposes of this Law, the following terms are understood to mean:

• 1)

  Assisting Agent: Any International Agent that provides assistance and any national agent that provides assistance in response to a Disaster in Honduras.

• 2)

  National Assisting Agent: Any natural or legal person that, without profit motive, provides assistance in the event of a Disaster within the territory of Honduras.

• 3)

  International Assisting Agent: Any foreign State, organization, entity, or individual that without profit motive provides assistance in the event of a Disaster within the territory of Honduras.

• 4)

  Eligible Agent: Any assisting agent that has been determined to be eligible to receive Legal Facilities, in accordance with the Law.

• 5)

  Assistance: Goods, equipment, services, and funds derived from an International Donation directed at restoring or improving the living conditions existing in affected communities.

• 6)

  Disaster: A serious disruption of the functioning of society, which constitutes an important and general threat to human life, health, property, or the environment, whether due to an accident, natural causes, or human activity, and whether occurring suddenly or as a result of long-term processes, but excluding armed conflicts.

• 7)

  Equipment: Physical articles, other than Goods, that come from international sources and are designated for use in Relief or Recovery Assistance.

PRINCIPLES. This Law is governed by the following principles:

• 1)

  Principle of Complementarity. The State of Honduras has the primary responsibility to respond to the occurrence of disasters of any nature within its territory. The role of agents providing humanitarian assistance is to complement national efforts.

• 2)

  Principle of Cultural Respect. Agents providing humanitarian assistance shall do so in compliance with national legislation and shall respect the culture, identity, and worldview of the peoples of the communities to which assistance is provided.

• 3)

  Principle of Humanity. The objective of humanitarian action is to protect life and health, guaranteeing respect for the human being, who must be assisted wherever they are located.

• 4)

  Protection of Personal Data. Guarantees the privacy of affected persons in the handling of their data. Information about the personal identification of those affected shall only be shared when it is essential for the provision of humanitarian assistance, to prevent duplication of aid, politicization, and to prevent fraud.

• 5)

  Principle of Neutrality. Humanitarian actors must not take sides in hostilities and in controversies of a political, racial, religious, or ideological nature.

• 6)

  Principle of Impartiality. Humanitarian action must be carried out based on need, prioritizing the most urgent cases and without making distinctions based on nationality, race, sex, religious beliefs, class, or political opinion.

• 7)

  Principle of Operational Independence. Humanitarian action must be autonomous from the political, economic, military, or any other objectives that any humanitarian agent may have with respect to the areas where humanitarian measures are being executed. Furthermore, agents shall comply with the principle of independence. In particular, they shall not attempt to act as instruments of the foreign policy of any government.

ASSESSMENT OF NEED, INITIATION AND TERMINATION OF INTERNATIONAL HUMANITARIAN ASSISTANCE. Immediately after a disaster occurs and after consulting with governmental authorities, the National Risk Management System (SINAGER) and the State Secretariat of the Contingencies Office shall activate the mechanisms established in the Manuals of the Coordination Center for International Humanitarian Assistance (CCAHI) and the Manual of Procedures of the Honduran Ministry of Foreign Affairs for the management of international humanitarian assistance. They must be governed by the following rules:

• 1)

  Offer and acceptance of international humanitarian assistance: a. International agents may provide international humanitarian assistance in Honduras only if they have made an offer that has been accepted by the State in accordance with applicable regulations. b. The assisting State and intergovernmental organizations, including the United Nations, interested in the direct provision of international humanitarian assistance shall direct their offer of assistance to the State Secretariat of the Offices of Foreign Affairs and International Cooperation, through the corresponding Embassy in the country; such offer must be in accordance with the country's needs, indicating in general terms the type, quantity, means of delivery, and estimated duration of the assistance to be provided. The State Secretariat of the Offices of Foreign Affairs and International Cooperation shall consult with the State Secretariat of the Contingencies Office regarding offers of humanitarian assistance and may accept them in whole or in part. c. The facilitating State that plans to provide aid through military agents shall make its offer under this condition to the Government of Honduras, which reserves the right to accept or reject it. d. International agents and NGOs previously registered and accredited in the country shall not be required to submit a formal offer; however, they must comply with the terms of the general request and shall communicate to COPECO and the Coordination Center for International Humanitarian Assistance (CCAHI) the type, quantity, and estimated duration of the assistance to be provided at least 24 hours before their arrival. This provision shall not apply to assisting States or intergovernmental organizations. e. In the absence of a declaration of emergency due to disasters, emergencies, humanitarian crises, or public calamities, absent an appeal for international assistance and in the face of imminent humanitarian need, international assisting agents may make unsolicited offers to the State Secretariat of the Offices of Foreign Affairs and International Cooperation through the corresponding diplomatic representation of Honduras abroad. The State Secretary of the Office of Foreign Affairs and International Cooperation, in consultation with the State Secretary of the Contingencies Office, may accept such offers in whole or in part. f. The State Secretariat of the Contingencies Office shall determine whether to accept or reject offers of international humanitarian assistance with appropriate urgency according to the circumstances. g. In the absence of a declaration of emergency due to disaster, emergency, humanitarian crisis, or calamity, absent an appeal for international humanitarian assistance and in the face of imminent humanitarian need, international agents accredited in the country may make unsolicited offers to the State Secretariat of the Contingencies Office, which may accept such offers in whole or in part.

• 2)

  Periods of international relief in case of disaster and initial recovery. Relief and assistance for initial recovery following a disaster, which is provided by agents or international organizations providing assistance brought to Honduras from abroad by or on behalf of the national agent or organization providing assistance, is governed by the following rules: a. The periods of international relief in case of disaster and of international initial recovery shall both commence simultaneously with the issuance of an appeal for international assistance. b. The procedures described in this Law shall be effective only during the periods of international relief in case of disaster and initial recovery.

• 3)

  Termination of the period of international relief. The announcement of termination of the period of international relief shall be made by the Head of the Executive Branch and shall include information on the evolution of the anticipated needs for goods and services related to initial recovery.

• 4)

  Termination of the period of initial recovery. Based on updated needs assessment and other specialized technical reports, in consultation with assisting agents and COPECO, the Head of the Executive Branch shall declare the termination of the period of initial recovery, taking into consideration the impact this will have on ongoing initial recovery activities. Throughout the process, the "Honduran Red Cross" may request at any time the assistance of the components of the international movement of the Red Cross and Red Crescent to complement its relief and recovery work in case of disaster, while the United Nations system may request at any time the assistance of specialized agencies to complement its relief and recovery work in case of disaster. CHAPTER II COORDINATION OF HUMANITARIAN ASSISTANCE AND FACILITIES

COORDINATION DUTIES. The State Secretariat of the Contingencies Office shall be the liaison between the Government of the Republic of Honduras and international agents providing humanitarian assistance; likewise, within the framework of Corporate Social Responsibility (CSR) and during the periods of international relief in case of disaster and initial recovery, COPECO may request companies to voluntarily undertake actions to facilitate the work of international agents providing assistance in order to provide relief or assistance for initial recovery. The State Secretariat of the Contingencies Office shall be responsible for monitoring compliance with offers from assisting agents under this legal framework; likewise, it may require at any time during this period the reports it deems appropriate, at reasonable intervals, of the relief and initial recovery assistance being provided. These reports shall be made available to the public through electronic means. During the execution process, international funds, donated and received by the Government of Honduras for the purposes of relief in case of disaster and assistance for initial recovery, may be accepted under a series of requirements that are in harmony with national and international legislation, contained in the Regulations of this Law. The State Secretariat of the Contingencies Office shall report annually to the President of the Republic and the National Congress of the Republic on the measures adopted to implement this Law, including the preparation of action protocols adopted in the event of a disaster. The application of sanctions for non-compliance with the mandate in humanitarian assistance for international agents shall be carried out through the State Secretariat of the Offices of Foreign Affairs and International Cooperation, while for national agents it shall be through the State Secretariat of the Office of Governance, Justice and Decentralization, in accordance with applicable legislation.

WORKING GROUP FOR THE PREPARATION OF INTERNATIONAL ASSISTANCE. The "Working Group for the Preparation of International Assistance" IDRL by its acronym in English is hereby created, whose objective is to support the National Risk Management System in facilitating international humanitarian assistance in situations of disaster, emergency, humanitarian crisis, or public calamity. As an advisory and technical support body, the IDRL Group is of a permanent nature and its primary function is to propose policies, plans, programs, protocols, and projects that guarantee international humanitarian assistance in Honduras, oriented toward the management, facilitation, and coordination of cooperation in accordance with law, agreements, manuals, conventions, or any other instrument recognized by the State of Honduras, established for such purpose. The IDRL Group shall be composed as follows:

• 1)

  The State Secretariat of the Contingencies Office, which shall preside over it.

• 2)

  A representative of the State Secretariat of the Offices of Foreign Affairs and International Cooperation.

• 3)

  A representative of the National Immigration Institute (INM).

• 4)

  A representative of the Customs Authority.

• 5)

  A representative of the State Secretariat of the Finance Office (SEFIN).

• 6)

  A representative of the Humanitarian Network.

• 7)

  A representative of the Honduran Red Cross.

• 8)

  A representative of the International Federation of the Red Cross.

• 9)

  A representative of the State Secretariat of the Health Office (SESAL). The IDRL Group shall have a Technical Secretariat appointed by itself for the period of time that each of its members remain in their positions. With the purpose of consolidating and streamlining requirements relating to the entry of personnel, goods, equipment, and transportation of international relief in case of disaster and initial recovery and the process of application for eligibility, the IDRL Group must coordinate the implementation of single-window teams to support international humanitarian assistance.

FACILITIES FOR ELIGIBLE AGENTS. The facilities to be provided to eligible agents include, among others: visa for cases of emergency, disaster, or public calamity, recognition of foreign professionals accompanying the assistance, recognition of foreign driver's licenses, as well as facilitation for the entry of international relief goods and equipment, facilitation of entry of air, land, and sea transport means operated by or on behalf of eligible assisting agents to transport personnel involved, relief shipments or initial recovery assistance, which shall receive priority and simplified treatment in accordance with what is established by the Revenue Administration Service (SAR), in addition to taxation facilities, those related to currency exchange and banking. For access to the facilities, the State Secretariat of the Contingencies Office in coordination with the State Secretariat of the Office of Governance, Justice and Decentralization and the State Secretariat of the Offices of Foreign Affairs and International Cooperation shall issue to humanitarian assisting agents a certificate of eligibility. For the accreditation of international agents of humanitarian assistance in case of disaster or initial recovery assistance, a simplified procedure shall be established for the corresponding registration and to provide them with legal capacity to operate; natural persons accredited as humanitarian assisting agents shall also enjoy the facilities referred to in this Article.

EXCEPTIONS IN THE FRAMEWORK OF TROPICAL STORM ETA. In application of Decree No. 278-2013, Article 2, numeral 21), which contains the Law on Public Finance Organization, Control of Exemptions and Anti-Evasion Measures; in which the exemption from payment of taxes on donations is already established; for such purpose, to address the emergency caused by Tropical Storm ETA, the Honduran Customs Administration is authorized to exempt the payment of indirect costs such as: Fees, Data Transmission Service, Storage Payment, and other related items; a period of ten (10) business days is established for storage in imports of donations from abroad and Free Zones. Likewise, the State Secretariat of the Finance Office (SEFIN) is authorized to exempt the collection of TGR1 stipulated in Decree No. 113-2011; and the National Agricultural Health and Safety Service is authorized to exempt the costs of service fees; the exemption established in this Article shall last until February 28, 2021.

EXCEPTION FROM PRESENTING TAX CLEARANCE ESTABLISHED IN CUSTOMS FRANCHISE PROCEDURES FOR HUMANITARIAN ASSISTANCE IMPORTS. The State of Honduras, Non-Profit Associations, Churches, and Municipalities are excepted from presenting the tax clearance established in Article 28 of Decree No. 113-2011 dated June 28, 2011 and published in the Official Gazette "La Gaceta", Edition No. 35,562 of July 8, 2011 and Article 21 of Decree No. 170-2016 dated December 15, 2016, published in the Official Gazette "La Gaceta" on December 28, 2016, Edition 34,224, in the processing of all customs franchises for imports as donations for humanitarian assistance related to the emergency and effects caused by Tropical Storm ETA.

EXCEPTION FROM REGISTRATION IN THE REGISTRY OF EXEMPTED PARTIES AND IMPLEMENTATION OF FORM. The State Secretariat of the Finance Office is authorized, during the validity of this Decree until February 28, 2021, to except the State of Honduras, non-profit associations, Churches, and Municipalities from complying with the registration requirements in the Registry of Exempted Parties established in Article 21, numeral 2) of the Tax Code and the Humanitarian Assistance Card established in Agreement No. 0295 published in the Official Gazette "La Gaceta" on May 17, 2008. Likewise, the same institution is authorized to create and implement a form for the issuance of the Customs Franchise that exempts from payment of import taxes upon entry into national territory of donations as humanitarian assistance as a consequence of damages caused by Tropical Storm ETA.

MEASURES FOR COMPANIES OPERATING IN FREE ZONES. Companies operating in Free Zones are authorized to receive donations from abroad, as well as to make donations on their own account, intended for their workers or other persons who have been affected by Tropical Storm ETA, under the protection of the regulations of this Decree.

MEASURES FOR PROMPT CUSTOMS DISPATCH OF DONATIONS. The Honduran Customs Administration, Health Regulatory Agency (ARSA), and the National Agricultural Health Service (SENASA) are instructed to apply the necessary administrative procedures and administrative provisions to facilitate the prompt customs dispatch of donations in humanitarian aid as a consequence of Tropical Storm ETA.

ELIMINATION OF AUTHORIZING PROCEDURES. For the application of the exceptions and exemptions contained in this Chapter, and during their validity, it is not necessary to carry out additional authorizing procedures, nor to be registered in the registry of exempted parties, nor to have a certificate of eligibility. CHAPTER IV FINAL PROVISIONS

REGULATIONS FOR IMPLEMENTATION. Within a maximum period of 30 days from the date this Law enters into force, the State Secretariat of the Contingencies Office must proceed to issue its Regulations, which must be previously socialized with the Working Group for the Preparation of International Assistance IDRL. Excepted are matters related to the transitory provisions related to Tropical Storm ETA, which do not require special regulation. Henceforth, the State Secretariat of the Contingencies Office shall be the entity responsible for developing technical instructions for the implementation and application of this Law, and must include facilitation for the transit of humanitarian assistance to a third country.

All resolutions that comprise exemptions and their subsequent lists for the care of the ETA emergency must be published in the transparency portal that the Public Access to Information Institute (IAIP) shall make available for such purpose.

The Ministry of State in the Office of Finance (SEFIN) is authorized to carry out all necessary budgetary and financial operations for the reorientation of the Budget of Revenue and Expenditure of the Republic for Fiscal Year 2020, which may be identified among the different Institutions, including transfers in favor of Institutions of the Public Sector and Private Sector that appear approved in the General Budget of the Republic. The reallocation between institutions shall be intended for the recovery and rehabilitation of damage caused by Tropical Storm ETA, the fight against and prevention of COVID-19, as well as the promotion of Social Infrastructure, Health, Education, the Productive Sectors of Micro, Small and Medium Enterprises (MIPYME), Agricultural and other priority sectors, in order to generate employment and promote a process of sustained economic growth. From this reorientation, other unavoidable requirements that may be necessary may also be addressed, including capital expenditures that may be financed and current expenditures in accordance with the required budgetary allocations. As a consequence of the foregoing, all Institutions must carry out the physical and financial reprogramming of their objectives, results and goals, Operating Plan and Annual Plan of Purchases and Contracts, in accordance with the adjusted budget resulting from the reorientation of Public Spending of the General Budget of the Republic.

EFFECTIVE DATE. - This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session held in Virtual manner, on the twelfth day of the month of November of two thousand twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. By Command: Let it be executed. Tegucigalpa, M.D.C., November 13, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MAX ALEJANDRO GONZALES SABILLÓN