Law for the Facilitation of International Humanitarian Assistance in Case of Disaster and Initial Recovery Chapter I Object and Principles

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 calamity occurring in the national territory, being able to receive complementary international humanitarian assistance as support to national efforts. Likewise, it 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 calamity. This Law does not apply to situations associated with armed conflicts, whether civil or military, or disasters produced within the 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)

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

• 2)

  National Assistance Provider Agent: Any natural or legal person that, on a non-profit basis, provides assistance in the event of a Disaster in the territory of Honduras.

• 3)

  International Assistance Provider Agent: Any foreign State, organization, entity or individual that on a non-profit basis provides assistance in the event of a Disaster in the territory of Honduras.

• 4)

  Eligible Agent: Any assistance providing Agent that has been determined to be eligible to receive Legal Facilities, in accordance with this Law.

• 5)

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

• 6)

  Disaster: A serious disruption of the functioning of society, which constitutes a significant and general threat to human life, health, property or the environment, whether due to an accident, to nature or to human activity, or 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 to be used for 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 in its territory. The role of humanitarian assistance providing agents is to complement national efforts.

• 2)

  Principle of Cultural Respect. Humanitarian assistance providing agents shall act 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, ensuring respect for the human being, who must be cared for wherever they may be.

• 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 avoid 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, giving priority to the most urgent cases and without making distinctions on the basis of nationality, race, sex, religious beliefs, class or political opinion.

• 7)

  Principle of Operational Independence. Humanitarian action must be autonomous from political, economic, military or any other objectives that any humanitarian agent may have with respect to the areas where humanitarian measures are being implemented. 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.

EVALUATION OF NEED, INITIATION AND TERMINATION OF INTERNATIONAL HUMANITARIAN ASSISTANCE. Immediately after a disaster occurs and after consulting with government authorities, the National Risk Management System (SINAGER) and the Secretariat of State in the Office of Contingencies 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. This 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 State providing assistance and intergovernmental organizations, including the United Nations, interested in the direct provision of international humanitarian assistance, shall direct their offer of assistance to the Secretariat of State in the Offices of Foreign Relations and International Cooperation, through the corresponding Embassy in the country; said 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 Secretariat of State in the Offices of Foreign Relations and International Cooperation shall consult with the Secretariat of State in the Office of Contingencies 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, emergency, humanitarian crisis or public calamity, in the absence of a call for international assistance and in the face of an imminent humanitarian need, international assistance providing agents may make unsolicited offers to the Secretariat of State in the Offices of Foreign Relations and International Cooperation through the corresponding diplomatic representation of Honduras abroad. The Secretary of State in the Office of Foreign Relations and International Cooperation, in consultation with the Secretary of State in the Office of Contingencies, may accept such offers, in whole or in part. f. The Secretariat of State in the Office of Contingencies 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, in the absence of a call for international humanitarian assistance and in the face of an imminent humanitarian need, international agents accredited in the country may make unsolicited offers to the Secretariat of State in the Office of Contingencies, which may accept such offers, in whole or in part.

• 2)

  Periods of international relief in case of disaster and initial recovery. Relief and initial recovery assistance following a disaster, which is provided by agents or international organizations providing assistance brought to Honduras from outside 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 initial international recovery shall both begin simultaneously with the issuance of a call 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 holder of the Executive Power and shall include information on the evolution of the anticipated needs for goods and services related to initial recovery.

• 4)

  Termination of the initial recovery period. Based on the updated assessment of needs and other specialized technical reports, in consultation with assistance providing agents and COPECO, the holder of the Executive Power shall declare the termination of the initial recovery period, and must take into consideration the impact that this will have on initial recovery activities in progress. 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 for complementing its relief and disaster recovery work, while the United Nations system may request at any time the assistance of specialized agencies to complement its relief and disaster recovery work.

COORDINATION DUTIES. The Secretariat of State in the Office of Contingencies 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 initial recovery assistance. The Secretariat of State in the Office of Contingencies shall be responsible for monitoring compliance with offers made by assistance providing agents under this legal framework; it may also require at any time during this period the reports it deems appropriate, at reasonable intervals, regarding the relief and initial recovery assistance being provided. These reports shall be made available to the public through electronic media. During the execution process, international funds, donated and received by the Government of Honduras for the purposes of relief in case of disaster and initial recovery assistance, 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 Secretariat of State in the Office of Contingencies shall annually inform the President of the Republic and the National Congress of the Republic of the measures adopted to implement this Law, including the preparation of action protocols adopted following the occurrence 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 Secretariat of State in the Offices of Foreign Relations and International Cooperation, while for national agents it shall be through the Secretariat of State in 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 is hereby created, known by its English acronym IDRL, 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 principal 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 the 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 Secretariat of State in the Office of Contingencies, which shall preside over it.

• 2)

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

• 3)

  A representative of the National Migration Institute (INM).

• 4)

  A representative of the Customs Authority.

• 5)

  A representative of the Secretariat of State in the Office of Finance (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 Secretariat of State in the Office of Health (SESAL). The IDRL Group shall have a Technical Secretariat appointed by itself for the period of time that each of its members remains in office. For the purpose of consolidating and expediting the requirements related to the entry of personnel, goods, equipment and international disaster relief transportation and initial recovery and the application process for eligibility, the IDRL Group must coordinate the implementation of one-stop-shop teams to support international humanitarian assistance.

FACILITIES FOR ELIGIBLE AGENTS. The facilities to be provided to eligible agents include, among others: emergency visas in 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 disaster relief goods and equipment; facilitation of entry of air, land and maritime transport means operated by or on behalf of eligible agents providing assistance to transport personnel involved, relief shipments or initial recovery assistance, which shall receive priority and simplified treatment in accordance with that established by the Revenue Administration Service (SAR), in addition to tax facilitation facilities, those related to foreign exchange and banking. For access to the facilities, the Secretariat of State in the Office of Contingencies, in coordination with the Secretariat of State in the Offices of Governance, Justice and Decentralization and the Secretariat of State in the Offices of Foreign Relations and International Cooperation, shall issue to assistance providing agents a certificate of eligibility. For the accreditation of international humanitarian assistance agents in case of disaster or initial recovery assistance, a simplified procedure shall be established for the corresponding registration and to provide legal capacity for their operation; natural persons accredited as humanitarian assistance agents shall also enjoy the facilities referred to in this Article.

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

EXCEPTION FROM PRESENTING THE TAX CLEARANCE CERTIFICATE ESTABLISHED IN THE CUSTOMS FRANCHISE PROCESS FOR HUMANITARIAN ASSISTANCE IMPORTS. The State of Honduras, Non-Profit Associations, Churches and Municipalities are exempt from presenting the tax clearance certificate 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 EXEMPTIONS REGISTRY AND IMPLEMENTATION OF FORM. The Secretariat of State in the Office of Finance is authorized to exempt, during the validity of this Decree until February 28, 2021, the State of Honduras, non-profit associations, Churches and Municipalities, from complying with the registration requirements in the Exemptions Registry 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 the payment of import taxes at the moment of entry into the national territory of donations as humanitarian assistance as a consequence of the damages caused by Tropical Storm ETA.

MEASURES FOR COMPANIES OPERATING IN FREE TRADE ZONES. Companies operating in Free Trade 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, protected under the regulations of this Decree.

MEASURES FOR PROMPT CUSTOMS DISPATCH OF DONATIONS. The Honduran Customs Authority, Health Regulatory Agency (ARSA), and the National Agricultural Health Service (SENASA) are instructed to apply the administrative procedures and administrative provisions necessary 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 exemptions registry, nor to have a certificate of eligibility.

REGULATIONS FOR IMPLEMENTATION. Within a maximum period of 30 days from the entry into force of this Law, the Secretariat of State in the Office of Contingencies must proceed to issue its Regulations, which must first be socialized with the Working Group for the Preparation of International Assistance IDRL. Exempted are those matters related to the transitory provisions related to Tropical Storm ETA, which do not require special regulation. Henceforth, the Secretariat of State in the Office of Contingencies shall be the entity responsible for preparing 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 comprising exemptions and their resulting lists for addressing the ETA emergency must be published in the transparency portal provided for such purpose by the Institute of Access to Public Information (IAIP).

The Secretary 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 Income and Expenditures of the Republic for the Fiscal Year 2020, which are identified among the different Institutions, including transfers in favor of the Institutions of the Public Sector and Private Sector that appear approved in the General Budget of the Republic. The reallocations among institutions shall be allocated for the recovery and rehabilitation of damages caused by Tropical Storm ETA, the fight against and prevention of COVID-19, as well as the promotion of Social Infrastructure, Health, School, 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, as well as current expenditures in accordance with the budgetary allocations required. As a consequence of the foregoing, all Institutions must carry out the physical and financial reprogramming of their objectives, results and goals, Operational Plan and Annual Plan of Purchases and Contracting, in accordance with the adjusted budget resulting from the reorientation of Public Expenditure of the General Budget of the Republic.

EFFECTIVE DATE. - This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session held in Virtual manner, on the twelfth day of the month of November in the year two thousand twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: 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 OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MAX ALEJANDRO GONZALES SABILLÓN