General Irrigation System Law Sinager

PURPOSE OF THE LAW. This Law aims to create the National Risk Management System, which will also be known by the acronym "SINAGER", constituting the Honduran legal framework aimed at enabling the country to develop the capacity to prevent and reduce the risks of potential disasters, as well as to prepare, respond and recover from actual damages caused by natural phenomena that impact us or those generated by human activities.

FRAMEWORK OF INTERINSTITUTIONAL REGULATION. The National Risk Management System (SINAGER) will be regulated within an institutional framework, which will comprise all sectors of Honduran society, both for existing institutions and for those that may come to exist, without any exclusion. Such sectors are public and private, identifying within them the Central Government, decentralized and deconcentrated bodies, as well as autonomous entities, private enterprise, workers' and peasant organizations; the different development organizations recognized in the country and all those organizations grouped under the name of civil society; gender and ethnic groups. Within this interinstitutional framework, all actions related to prevention, adaptation to climate change and other types of events, financial management of disaster risk, permanent and effective preparation, humanitarian aid assistance in case of disasters and emergencies, the rehabilitation and reconstruction of areas affected by disasters will be defined, planned and executed, all of which is comprised within the concept of "Risk Management" referred to in this Law. CHAPTER II CONCEPT, PRINCIPLES AND PURPOSES OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). ARTICLE 3.- CONCEPT OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The National Risk Management System is the systematic, participatory and harmoniously articulated set of all State institutions, private enterprise and civil society organizations in the country. The National Risk Management System (SINAGER) acts through structures, coordination bodies, functional relationships, methods tools and procedures, with the purpose of protecting the life and livelihoods of the inhabitants of the republic, through concrete actions, aimed at preventing, reducing or controlling risk levels in the national territory, as well as contributing to environmental sustainability and the protection of all national ecological heritage. Due to the highest national interest, all natural persons and public and private institutions without any exclusion, are part of the National Risk Management System (SINAGER) being subject to being called to mandatorily integrate the system's bodies to execute the concrete actions entrusted to them in terms of risk management, all within the scope of their competencies established in the corresponding laws of their action plans and their real capacities.

GUIDING PRINCIPLES OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The National Risk Management System will be governed by the following principles:

• 1)

  SAFETY AND RESPONSIBILITY: All natural and legal persons, national and foreign, have the right to the protection of their physical and psychological integrity, their productive structure, their property and their environmental surroundings against the reconstruction of risk scenarios, seeking to ensure their survival in conditions compatible with the principles of human rights. Anyone who by action or omission, endangers, threatens or causes damage to persons and/or their property, by constructing, authorizing or allowing risk scenarios, whether culpably or negligently, are subject to the sanctions and penalties established in the laws of the Republic and to compensate the affected party or parties for the damage caused. All State servants, whether officials or employees of the Central Government, autonomous entities, municipalities or deconcentrated and decentralized entities, must comply with the mandatory fulfillment of their duties and responsibilities, as established by the Constitution of the Republic, so that their actions and decisions do not negatively affect, in the matter dealt with by this Law, natural or legal persons or the institution itself where they provide their services;

• 2)

  RISK REDUCTION AS A SOCIAL PROCESS: The Central Government and Local Governments through their specialized technical bodies are obligated to issue mandatory compliance provisions related to risk reduction and concrete actions to reduce possible damage, so that natural and legal persons are obligated to comply with and follow them and thereby achieve continuous reduction of society's vulnerability to the different phenomena that threaten us. Failure to comply or delay in compliance with risk-related provisions implies administrative, civil and criminal responsibility for offenders. Every natural and legal person, in any sphere of their social action must mandatorily include in their plans and actions of any nature a "Risk Assessment", in order to prevent and minimize the generation of possible damage to themselves and third parties, with the purpose of making the community safer and not incurring responsibility due to negligence;

• 3)

  DECENTRALIZED AND DECONCENTRATED MANAGEMENT: The National Risk Management System (SINAGER) acts within the framework of the State's decentralization and deconcentration policies. The Public Administration, bodies or entities deconcentrated functionally or territorially, as well as the Decentralized Public Administration, such as autonomous institutions and municipalities, within the scope of their respective competencies, must assume and execute the tasks and concrete actions in the territory to comply, adequately and timely with their responsibility for prevention and risk reduction, to prevent and mitigate disasters, adapt to climate change, respond to emergencies and rehabilitate and reconstruct affected areas.

• 4)

  COORDINATION: Coordination is the fundamental principle and function of the National Risk Management System (SINAGER) and is put into practice from the recognition of the competencies, jurisdiction and autonomy of its members, but at the same time, directing the actions of each of them, in a systemic, articulated, concerted and harmonious manner towards common purposes and objectives.

• 5)

  CITIZEN PARTICIPATION: The National Risk Management System (SINAGER) respects equal opportunities for persons in the adoption, execution and evaluation of public policies and accepts that the foundation of socially responsible public management must include the opinions of those who participate in civil action. Effective and timely risk management requires the broadest citizen participation, both in the definition and planning, and in the execution of multidisciplinary and multisectoral actions.

• 6)

  INCORPORATION OF RISK MANAGEMENT COMPONENT AS PART OF NATIONAL DEVELOPMENT: Risk Management is a permanent State policy. All member entities of the National Risk Management System (SINAGER), from the Governmental and Non-Governmental Sectors must incorporate in their plans, programs and institutional and territorial strategies, concrete actions of Risk Management. Reconstruction plans must mandatorily include risk reduction measures, taking into account new experiences, with the central idea of preventing in the future new damage from similar causes.

• 7)

  SCOPE OF RESPONSIBILITIES: Given the multisectoral nature and the plurality of institutions that make up the National Risk Management System (SINAGER), its structure, functions and hierarchical organization will be determined by conventional organization mechanisms. The National Risk Management System (SINAGER) does not replace the functions and responsibilities established by the laws and constitutive regulations of the institutions or organizations, but rather reinforces, coordinates, complements and directs them towards risk reduction.

• 8)

  ETHICS AND TRANSPARENCY: Ethics, transparency, responsibility and accountability must guide all operations of the National Risk Management System (SINAGER). All actions of the System must have the necessary publicity and execution, as well as be subject to oversight and control by systems in accordance with the laws of the country.

• 9)

  DEVELOPMENT AND STRATEGIES FOR THE PROMOTION OF SOLIDARITY: It is fundamental for the functioning of the National Risk Management System (SINAGER) the co-responsibility and proper collaboration among its members as a fundamental principle to achieve effective risk reduction in the country. The principle of solidarity fosters and promotes the necessary collaboration among the different bodies, institutions and bodies that make up the system regardless of their material and territorial spheres, of competence and the strengths or weaknesses of the members. The National Risk Management System (SINAGER) defends Central American and extra-regional solidarity as a position of deep solidarity among all human beings, accepting that planet earth is the home of all living beings. Solidarity recognizes the principle of independence of peoples and the common destiny of those of us who inhabit the planet. The National Risk Management System (SINAGER) reaffirms the State's obligation to guarantee the human security of inhabitants and will organize the multiple expressions of national and international solidarity; and,

• 10)

  NON-DISCRIMINATION, GENDER APPROACH AND AFFIRMATIVE ACTIONS. The actions of the National Risk Management System (SINAGER) are not conditioned by age, creed, race or ethnicity, gender, sexual orientation, health status, economic, ideological, political condition or nationality of persons. However, due to its conditions of vulnerability, the National Risk Management System (SINAGER) must prioritize attention to children and adolescents, ensuring that their best interest prevails in all activities carried out in favor of disaster prevention and care. Similarly, prioritize attention to pregnant women, mothers, the elderly and persons with special needs due to any type of disability; as well as to ethnic groups and persons belonging to groups with greater resource limitations and groups at imminent risk. The National Risk Management System (SINAGER) treats such groups in a privileged and priority manner, through affirmative actions in risk management. All the above principles will guide the actions of the bodies of the National Risk Management System (SINAGER) and therefore of its members, in the application of the provisions contained in this Law.

PURPOSE OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The National Risk Management System (SINAGER) must fulfill the fundamental purpose of protecting the life, material resources of existence and the environment of all people living in the country; ensuring that society as a whole works in coordination to achieve a dignified existence, in the face of natural, socio-natural or human-originated phenomena, capable of generating emergency situations or disasters within the territory. The National Risk Management System (SINAGER) will have the Permanent Commission of Contingencies (COPECO) as its coordinating body, which fulfilling its fundamental objective and its functions of adoption of preventive measures and coordination demanded by the Law. The National Risk Management System (SINAGER) with the coordination of the Permanent Commission of Contingencies (COPECO), must promote, strengthen and concert, with all organizations and institutions in the country, both in the public and private spheres, those concrete activities that, methodologically and in a standardized manner among the national sectors, must be programmed budgeted and executed annually to achieve effective Risk Management. The National Risk Management System (SINAGER) must ensure that the Public Administration, centralized, decentralized, deconcentrated and autonomous, as well as the private sector and organized civil society, with the coordination of the Permanent Commission of Contingencies (COPECO), in compliance with its legal mandate, are integrated and work in a harmonious and articulated manner in the different national and territorial bodies of the System. CHAPTER III BODIES AND INTEGRATION BODIES OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER) SECTION I OF THE GOVERNING BOARD

GOVERNING BOARD OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The Governing Board of the National Risk Management System (SINAGER), which will be presided over by the head of the Executive Power or by temporary or permanent delegation to whom he designates, will be constituted by the permanent members indicated below:

• 1)

  The head of the Executive Power or their representative;

• 2)

  The National Commissioner of the Permanent Commission of Contingencies (COPECO);

• 3)

  The head of the State Department in the Office of the Presidency or their representative;

• 4)

  The head of the State Department in the Offices of Public Works, Transportation and Housing (SOPTRAVI) or their representative;

• 5)

  The head of the State Department in the Offices of Governance and Justice or their representative;

• 6)

  The head of the State Department in the Offices of Natural Resources and Environment or their representative;

• 7)

  The head of the State Department in the Offices of Agriculture and Livestock or their representative;

• 8)

  The head of the State Department in the Office of Health or their representative;

• 9)

  The head of the State Department in the Office of Finance or their representative;

• 10)

  The head of the Technical Secretariat of Cooperation or their representative;

• 11)

  The head of the State Department in the Office of Foreign Affairs or their representative;

• 12)

  The head of the State Department in the Office of Education;

• 13)

  The head or a representative of the Association of Municipalities of Honduras (AMHON);

• 14)

  A representative of the Honduran Business Council (COHEP);

• 15)

  A representative of workers' organizations;

• 16)

  A representative of peasant organizations;

• 17)

  A representative of Civil Society designated by the National Risk Management Roundtable.

• 18)

  A representative of universities 19) A representative of First Response institutions, chosen at a meeting held by them for such purpose; 20) A representative of the Commission of the National Congress of the Republic dealing with Risk Management matters; 21) A representative of the National Roundtable for Risk Management Advocacy. Other public or private organizations in the country may also participate as temporary members of the Governing Board, as determined within the Governing Board. The total number of members of the Governing Board of the National Risk Management System (SINAGER) will never exceed twenty-five (25), so that said Board may be composed of a maximum of twenty (20) permanent members and five (5) temporary members. The Governing Board of the National Risk Management System (SINAGER) must meet ordinarily at least three (3) times per year; Once every four months and extraordinarily all times necessary, by convocation made to them by the Executive Secretariat. The National Risk Management System (SINAGER) for any purpose, has as its official seat and address the Capital of the Republic. In special circumstances it may meet in any place of the national territory agreed upon by its members. With the creation of the National Risk Management System (SINAGER) and in order to eliminate duplication of functions, the Governing Board of the National Risk Management System (SINAGER) will assume, for all purposes, the functions of the Governing Board of the Permanent Commission of Contingencies (COPECO). ARTICLE 7.- INTERNAL COMPOSITION OF THE GOVERNING BOARD OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The System will be presided over by the head of the Executive Power or their representative. The Commissioner of the Permanent Commission of Contingencies (COPECO) will act as the Executive Secretary of the National Risk Management System (SINAGER). The other members in their capacity as directors have voice and vote to decide on matters dealt with within the Governing Board. The President of the Board will have the power to decide by virtue of their vote.

RESPONSIBILITIES AND FUNCTIONS OF THE DIRECTIVE COUNCIL OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The Directive Council of the System has the following functions: 1) To guide public policies, strategic plans, legal instruments necessary to achieve the mainstreaming of Risk Management within development plans and national culture, which shall be prepared participatively under the coordination of the Permanent Contingencies Commission (COPECO).

2) To receive, analyze and execute the proposals of the Consultation Committees, related to policies, normative strategies and concrete actions linked to Risk Management in the country. Through the Executive Secretariat of the National Risk Management System (SINAGER). 3) To support the actions of the Permanent Contingencies Commission (COPECO) and to ensure that said Commission ensures compliance with laws, policies, national strategies and operational plans related to Risk Management. 4) To promote within the National Risk Management System (SINAGER) the regulations required for the implementation of national policies and strategies related to Risk Management. 5) To formalize the binding provisions developed and presented by the Permanent Contingencies Commission (COPECO) aimed at reducing risk in the national work in accordance with what is established in the Regulation of this Law. 6) To recommend to the Permanent Contingencies Commission (COPECO) the development of strategies and concrete actions for the institutional strengthening of public and private entities that are members of the Risk Management System (SINAGER). 7) To present to the Consultation Committees of the Risk Management System (SINAGER) the National Risk Management Plan prepared by the Permanent Contingencies Commission (COPECO) to obtain their recommendations and to manage financial, material and human resources for the proper functioning of the National Risk Management System (SINAGER). 8) To approve the mechanisms and systems of indicators that evaluate and monitor progress in the execution of the National Risk Management Plan developed in a coordinated manner among the members of the National Risk Management System (SINAGER). 9) To analyze, evaluate and recommend to the Permanent Contingencies Commission (COPECO), the inclusion in the National Risk Management Plan any aspect derived from climate change that has been omitted and to develop corresponding strategies for the reduction of its negative effects. 10) To guide activities aimed at organizing, coordinating and directing actions that are necessary to execute in cases of emergency, disasters and calamities that arise in the country. 11) To define and publish through the Executive Secretariat, all those provisions of an obligatory nature, relating to Risk Management in the country. 12) To approve and guide the Annual Work Plans of the Permanent Contingencies Commission (COPECO): and. 13) All others that are established by Law. SECTION II OF THE EXECUTIVE SECRETARIAT OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). ARTICLE 9.- COORDINATING FUNCTION OF THE EXECUTIVE SECRETARIAT OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The Permanent Contingencies Commission (COPECO) in the Institution of the State of Honduras redirected for the coordination and strengthening of the National Risk Management System (SINAGER), originally created functionally to organize, direct, adopt preventive measures and coordinate all support activities, of participatory integration, aimed at protecting the lives, property and environment of the inhabitants of the national territory. The Permanent Contingencies Commission (COPECO) shall continue to be governed by its Law of creation, assuming the functions of prevention and those of an administrative and executive nature that this law expands for it; understanding that the new functions established for it are not limiting of those defined in its Law of creation, but complement, strengthen and expand it so that the Permanent Contingencies Commission (COPECO) assumes more extended roles.

The functions of the Permanent Contingencies Commission (COPECO) within the National Risk Management System (SINAGER) are the following: 1) Its Commissioner shall serve as Executive Secretary of the System and all its officials shall work for the strengthening of the National Risk Management System (SINAGER) and the best achievement of its purpose: 2) To apply public policies, to prepare, review and update the National Risk Management Plan and to execute the strategic objectives of the System in a coordinated manner; to promote together with the members of the National Risk Management System (SINAGER) the legal bodies, resources and technical capacities necessary to achieve the mainstreaming of Risk Management among all members of the System, as well as within the processes of development and national culture in accordance with the guidance of the Directive Council and recommendations of the Consultation Committees of the National Risk Management System (SINAGER): 3) To organize and execute the Agenda of the Directive Council; 4) To ensure that the binding provisions necessary for the operational implementation of national policies and strategies related to Risk Management are complied with: 5) In accordance with what is provided in the Regulation of this Law, to impose fines and administrative sanctions on natural or legal persons who do not comply with or delay compliance in due form with the established binding provisions, substantiating technically and documentarily cases of civil and criminal liability for the corresponding investigating and prosecuting institutions, so that they act before the jurisdictional organs of the country. 6) To make the corresponding calls to natural or legal persons and publish the provisions related to mandatory compliance with actions or omissions aimed at reducing risks in the country: 7) To present for approval by the Directive Council of the National Risk Management System (SINAGER), the National Risk Management Plan and Special National, Regional, Departmental, Municipal and Sectoral Plans and Programs; aimed at consolidating activities related to Risk Management in development. To coordinate the execution of said plans and programs: 8) To present to the Directive Council the provisions of mandatory compliance that must be standardized in accordance with what is established in the Regulation of this Law; 9) To coordinate the execution of direct actions related to the operativity of strategies for the institutional strengthening of all public and private entities that are members of the National Risk Management System (SINAGER); 10) To execute, manage, strengthen and efficiently direct the financial, material and human resources allocated to it, aimed at guaranteeing the proper functioning of the National Risk Management System: 11) To follow up on the mechanisms and indicators created within the National Development Plan, aimed at evaluating institutional progress in Risk Management in the country, and to establish in a coordinated manner the corrective actions that must be followed within the System, for its effective application. To support and strengthen the capacities of the members of the National Risk Management System (SINAGER), to achieve the expected results: 12) To analyze, evaluate, foresee and coordinate the response to risks derived from climate change and to propose to the Directive Council of the National Risk Management System (SINAGER) the execution of new strategies for the reduction of its negative effects: 13) To coordinate the actions necessary to prevent disasters. To act in response to emergencies and calamities that arise in the country and to seek coordinated recovery of the affected persons and territories. 14) To manage with the national and international community the obtaining of financial and material resources as donations, without detriment to the resources allocated in the National Budget of Income and Expenses of the Republic, which are approved annually for its ordinary operations, nor of the National Fund for Emergency Response, exclusive to

respond to catastrophic events that may occur: 15) To suggest within the System the Formation of Work Commissions of any nature for the achievement of specific objectives established in the National Plan of Risk Management; 16) To rule in a coordinated manner on risk zones and mandatory actions to reduce their vulnerability; 17) To raise to the Directive Council for its formalization, the establishment of provisions of mandatory compliance that must be established to regulate risk construction in the country; 18) To organize technical units, with the structure necessary to fulfill the general and specific objectives established in the National Development Plan and the National Risk Management Plan of the country; 19) The Executive Secretary of the National Risk Management System (SINAGER), with his signature shall authorize the acts, contracts and all matters related to the affairs of the system; 20) To create, strengthen and support the formation of Commissions and Work Tables of any nature aimed at the execution of ad-hoc or permanent actions, related to Risk Management in the country; 21) To coordinate all national and international aid and assistance to persons and communities affected by disasters and emergencies; 22) By mandate of the Directive Council, to establish permanent and temporary provisions of mandatory compliance in situations of alert or disaster; 23) To prepare the report to the Presidency of the Council, international organizations and other institutions that provide aid; and, 24) The others indicated in this law and its law of creation and that do not conflict; there being a preference for those provided here. The Permanent Contingencies Commission (COPECO) shall establish alliances within the licensing processes, to be granted by other state entities, so that mandatorily the analysis of risks is included following scientific methodologies, before the respective licenses are granted. The Permanent Contingencies Commission (COPECO), by its condition as a technical institution of the State of high public interest, created to coordinate all national actions aimed at protecting the lives, property and environment of those who live in the national territory, shall enjoy exemption from the payment of Income Tax, as well as from the payment of Net Asset Tax and Temporary Solidarity Contribution. The goods and services acquired by the Permanent Contingencies Commission (COPECO) in the national market shall be exempt from the payment of Sales Tax. ARTICLE 10.- OF PETITIONS IN THE MATTER OF RISK MANAGEMENT. The National Risk Management System (SINAGER), through its General Secretariat, may address and make requests directly to public organisms and institutions in general, without any formality or hierarchy, as well as to organisms or institutions of a private nature, equally to any natural person. The petitions shall be directed to the heads of the institutions or to those who must answer such petitions and facilitate the requirements made to them, complying diligently with what is requested for the National Risk Management System (SINAGER). The response periods shall be those determined in other general and special laws, in accordance with the form and type of request; they must equally be determined at the level of the Regulation of this Law. ARTICLE 11.- FREEDOM OF ACCESS. The Executive Secretariat of the National Risk Management System (SINAGER), with its duly authorized personnel and in the fulfillment of its functions within the system, before the imminent state of risk need, as long as its action is related to Risk Management, has free access to all civil and military dependencies, as well as to public and private institutions. Without any objection; all under strict respect for constitutional provisions and what is established in general and special laws.

ARTICLE 12.- FUNCTIONAL, ADMINISTRATIVE, TECHNICAL AND FINANCIAL INDEPENDENCE. Due to the nature of its functions within the National Risk Management System (SINAGER), which require an immediate response to threats of events or disasters, the National Commissioner of the Permanent Contingencies Commission (COPECO) in the exercise of his legal and regulatory powers shall enjoy functional, administrative, technical and financial independence. In situations of alert and response by emergency, the decisions of the National Risk Management System (SINAGER), which must be executed by the Permanent Contingencies Commission (COPECO) and its senior officials, shall be binding and immediate for all persons, in order to protect their lives and property; therefore, the Permanent Contingencies Commission (COPECO) to minimize the damage that an event may cause, can use or dispose of necessary public or private property, which is most within its reach; prioritizing more the interest and protection of human life, above the economic interest of a movable or immovable asset. The state must replace, repair or pay the commercial value of the property used to protect the life and health of Hondurans during a catastrophic event or threat, compensating the value of the same to its or their legitimate owners, who must claim in due form and as law corresponds. SECTION III OTHER INTEGRATION AND CONSULTATION BODIES OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER) ARTICLE 13.- THE CONSULTATION COMMITTEES. They are participatory and deliberative bodies, which act as spaces for consultation, reflection, agreement and analysis on the state of Risk Management in the country and as a source of proposals for the National Risk Management System (SINAGER), on new policies, strategies, programs, projects, activities or actions related to Risk Management that should be included in the National Risk Management Plan to be executed by the Executive Secretariat. The consultation committees shall address the issues of prevention, preparation and response and rehabilitation, reconstruction and risk transfers. According to functionality, such Committees shall be composed of institutions of the Central Government, decentralized and deconcentrated bodies, local governments, civil society, NGOs, organizations of workers, businessmen and peasants, first response institutions; their representatives being from the highest level of each of the institutions that comprise it. The agenda to be addressed in each Committee shall be determined by the Directive Council of the National Risk Management System (SINAGER). The regulation of the law shall define the mechanisms of participation and the determination of the composition of each of such Committees. The Consultation Committees have the following duties:

• 1)

  To participate in the approval of the National Risk Management Plan.

• 2)

  To consider and discuss the manifestations and impacts of risks and disasters in the national territory so that they are included within the National Risk Management Plan.

• 3)

  To debate and suggest for consideration of the National Risk Management System (SINAGER), the design and execution of policies, programs and actions to prevent and reduce risks;

• 4)

  To consider and debate new conceptual, technological, social and any other developments in the area of risks and disasters;

• 5)

  To recommend to the Executive Secretariat of the System the formation of Commissions or Work Tables;

• 6)

  To suggest in accordance with what is established in the Regulation of this Law, a maximum of six (6) temporary members to be part of the Consultative Council of the National Risk Management System (SINAGER);

  7.) To analyze the achievements and progress; the problems and failures of Risk Management in the country and suggest mechanisms for overcoming them: and. 8.) To receive reports from the Executive Secretariat on the progress of the expected results of the execution of the National Risk Management Plan. The consultation committees shall meet in an ordinary manner at least once during the first semester of each year and in an extraordinary manner when required, upon convocation of the Executive Secretariat of the National Risk Management System (SINAGER), in accordance with the regulation. ARTICLE 14.- WORK COMMISSIONS, NATIONAL AND REGIONAL TABLES. The National Risk Management System (SINAGER), through its Executive Secretary, shall facilitate the creation and shall create work commissions and territorial tables that are deemed pertinent, in which, with the facilitation of the Permanent Contingencies Commission (COPECO), municipalities and joint associations can lead them together with the participation of key local actors. Said commissions and tables must be aimed at studying a specific topic, working on aspects of interest in any sector or sectoral groups, developing territorial consultations for capacity building in any area or for ad-hoc topics, as necessary and institutional resources permit. The Commissions and Tables shall work within an Internal Regulation elaborated by themselves, in accordance with expected objectives. Such regulations must be registered in the Executive Secretariat of the National Risk Management System (SINAGER). By virtue of what is established in the preceding paragraph, the National Risk Management System (SINAGER) recognizes and makes its own the existing territorial organization through the Departmental Emergency Committees (CODED); Municipal Emergency Committee (CODEM); Local Emergency Committees (CODELES); School Center Emergency Committees (CODECE); Workplace Center Emergency Committees (CEDECEL); and those of the existing Risk Management Tables or established in other laws of the country. The Regulation of this Law shall establish the functions, minimum organization and different aspects related to the operativity of these Committees. The Executive Secretary of the National Risk Management System (SINAGER), with technical assistance from his technical team shall be responsible for facilitating the preparation of Work Plans of the Commissions and Tables, following up on results and accompanying the presentation of progress and final reports of the work performed. ARTICLE 15.- MANDATORY PARTICIPATION IN THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The participation of coordinating bodies and instances, national and territorial, of public and private institutions in the Consultative Council, General Assembly, commissions and Work Tables shall be mandatory. The failure to participate partially or fully shall generate the responsibilities indicated in this Law and its Regulation.

VOLUNTEERING OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). Volunteering in the National Risk Management System (SINAGER) is the broadest space for citizen participation in the System. It shall be coordinated from a special unit in the Permanent Contingencies Commission (COPECO) and it shall allow the participation of any person. Volunteers shall be organized in different branches, depending on their abilities and the preferences of the interested parties. All natural or legal persons within or outside the national territory who wish to support the efforts of the National Risk Management System (SINAGER) can be volunteers, as long as they commit to complying with the principles of this Law and the principles and regulations of volunteering included within the Regulation of this Law. ARTICLE 17.- NATIONAL OPERATIONS AND EMERGENCY CENTER (COEN). The National Operations and Emergency Center (COEN) is the organization necessary for the management and adaptation of emergencies of the National Risk Management System

(SINAGER). It shall be organized, directed and coordinated by the Permanent Contingencies Commission (COPECO). Its structure and organization shall be different according to the intensity and severity of the emergency or phenomenon that threatens or affects us. The National Operations and Emergency Center (COEN) shall have a Manual of Basic Functions, prepared by the Permanent Contingencies Commission (COPECO) which shall be considered part of the regulatory framework of this Law. The National Operations and Emergency Center (COEN) shall be installed, operated and dissolved by instructions of the National Operations Chief of the Permanent Contingencies Commission (COPECO) and with the approval of the National Commissioner or National Sub-Commissioners of the Permanent Contingencies Commission (COPECO). In cases of alert and emergency it shall be composed of all the actors who are called to be part of it. The call to participate in the National Operations and Emergency Center (COEN) is mandatory. The failure to immediately appear of an institution or person shall be considered as a serious fault and shall incur the administrative responsibilities and fines established in the Regulation of this Law and in other laws of the Republic. All members of the National Operations and Emergency Center (COEN) shall be persons of the highest level, directly related to the highest authorities of each of the organizations to which they belong. To carry out their work they shall receive appropriate training from the Permanent Contingencies Commission (COPECO). As part of the National Operations and Emergency Center (COEN) and when necessary and as established by the Manual of the National Operations and Emergency Center (COEN), the International Humanitarian Aid Coordination Center shall be organized, which shall be known as "CCAHI", which shall be responsible for coordinating all International Aid that Honduras receives in case of a disaster. The International Humanitarian Aid Coordination Center (CCAHI) shall have its own operating manual. The Technical Cooperation Secretariat (SETCO) and the State Secretariat in the Ministry of Foreign Affairs shall be the institutions responsible for providing technical assistance and support to the System to achieve the proper functioning of the International Humanitarian Aid Coordination Center (CCAHI), as established by the Manual. The National Operations and Emergency Center (COEN) shall also organize the necessary instances to coordinate the Humanitarian Aid that in a spirit of solidarity Hondurans themselves grant to those affected by an emergency or disaster. The Honduran Red Cross shall be responsible for providing support to the National Risk Management System (SINAGER) in technical assistance and operations related to this matter.

SECURITY AND RESPONSIBILITY. Without prejudice to the functions established in other laws of the Republic, the National Risk Management System (SINAGER) shall establish with the technical support of the Permanent Contingencies Commission (COPECO) and other technical and scientific institutions, the regulations that ensure the prevention and reduction of risks in the country. The binding provisions to be regulated shall be aimed at educating, organizing, regulating and monitoring the proper application of provisions in the matter of Risk Management, which must be applied without restriction by the entire population. Non-compliance with them shall allow deducing administrative and fiduciary responsibilities to anyone, whether natural or legal persons, who through their actions or omissions neglect or obstruct them totally or partially. CHAPTER IV PATRIMONIAL AND FINANCIAL REGIME

THE PATRIMONY OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The National Risk Management System (SINAGER) is a System and therefore shall not require its own patrimony. The Permanent Contingencies Commission (COPECO) and the other members of the National Risk Management System (SINAGER) shall provide the resources for its operation and functioning, respecting the resources of the different institutions.

The meetings of the National Risk Management System (SINAGER) shall be defined by its members. The Permanent Contingencies Commission (COPECO) shall provide the facilities and other inputs required and that are within its reach for the development of the meetings of the System. The financial resources necessary for the strengthening of the National Risk Management System (SINAGER) and its Executive Secretariat shall not imply a new budget line for the Government of the Republic, but shall depend on the budgets of the member institutions, which can be reinforced by programs and projects financed by international cooperation. By not requiring its own patrimony at the fiscal level, the National Risk Management System (SINAGER) has the benefit of exemption from the payment of fees for Vehicle Registration and Tourist Services of the country. ARTICLE 20.- OF THE BUDGET OF THE SYSTEM. The preparation, administration and execution of the budget shall be the responsibility of the National Commissioner of the Permanent Contingencies Commission (COPECO), who must present it to the National Risk Management System (SINAGER) for approval, subsequently shall present a report on its execution to whom corresponds in accordance with what is established by the respective law. The National Commissioner of The Permanent Contingencies Commission (COPECO) shall set the remuneration, stipends and bonuses of the Institution's personnel, accounting for it to the Directive Council of the National Risk Management System (SINAGER). The budget of Income and Expenses of the System shall be framed within the Organic Law of the Budget and its Execution Regulation and other regulations that have been approved in budgetary matters. In case of national or regional emergency, declared in due form by the Executive Power or declared by any of the municipal corporations, the execution of public funds by the Permanent Contingencies Commission (COPECO) or any other member of the National Risk Management System (SINAGER), can be carried out expeditiously and without complying with the requirements established in the Budget Law, the State Contracting Law or any other related law. Each head of institution that executes funds to face an emergency, shall be directly responsible for ensuring that the use of the funds is exclusively to respond to said emergencies and support the recovery of living conditions of affected persons and communities. The institutions that are responsible for transparency, the fight against corruption and that act as auditors of the state, shall be responsible for verifying what is established in this paragraph. The Commissioner of the Permanent Contingencies Commission (COPECO) and any other official who executes public funds or of any origin, intended for the emergency, must report to anyone who requests it on the manner and details in which the funds for care and recovery of emergencies have been invested.

OF THE NATIONAL FUND FOR EMERGENCY PREPAREDNESS AND RESPONSE (FONAPRE). The National Fund for Emergency Preparedness and Response is instituted, which shall be referred to according to its acronym as the National Fund for Emergency Preparedness and Response (FONAPRE). This Fund shall be constituted by financial resources that shall serve exclusively for emergency preparedness, care during the occurrence of catastrophes or calamities that may occur in the country and support for the recovery of impacts immediately following the occurrence of damages. The National Fund for Emergency Preparedness and Response (FONAPRE) shall be used exclusively in affected areas and shall be intended for humanitarian assistance, realization of works necessary for the restoration of vital community lines such as the recovery of health systems and basic sanitation, recovery of water systems and energy distribution, terrestrial, aerial, rainfall or maritime communication systems; recovery of telephone communication systems and the shoring up of zones of serious threat and public buildings in danger and recovery of housing. The National Fund for Emergency Preparedness and Response

(FONAPRE) can also be used to support the operations of first response institutions such as: Armed Forces, National Police, Fire Department, Red Cross, Green Cross, Boy Scouts of Honduras, Municipal, Institutional, Business or School Emergency Committees, Volunteers, Religious Organizations and others duly identified and members of the National Risk Management System (SINAGER). The President of the Republic in his capacity as President or his designee to chair the Consultative Council of the National Risk Management System (SINAGER) or the Commissioner of the Permanent Contingencies Commission (COPECO) shall present annually to the Honorable National Congress for the National Fund for Emergency Preparedness and Response (FONAPRE), for the corresponding fiscal year. The amounts to be requested annually shall be determined in a meeting of the Consultative Council of the National Risk System (SIANAGER). The content of the National Fund for Emergency Preparedness and Response (FONAPRE) shall be administered by the Commissioner of the Permanent Contingencies Commission (COPECO) and can be executed by any of the members of the National Risk Management System (SINAGER), having the obligation to liquidate said funds before the Permanent Contingencies Commission (COPECO) in the time established by the administration of the Permanent Contingencies Commission (COPECO). Non-compliance with this provision shall imply responsibilities in accordance with the Law. The National Fund For Emergency Preparedness and Response (FONAPRE) shall operate through an account at the Central Bank of Honduras and once established shall not be subject to transfers to other institutional items, so as not to affect it, since its purpose is to respond exclusively to emergencies and post-emergency reconstructions. The National Fund For Emergency Preparedness and Response (FONAPRE) shall be accumulative. After the end of the fiscal year its content shall be considered executed in accounting terms and its residuals shall not be included within the funds to be returned to the National Treasury. Funds not effectively executed shall remain in the account established at the Central Bank of Honduras and shall accumulate to those budgeted for the following fiscal year. The Regulation of this Law shall develop the mechanisms for projection of the Fund, consultations to the State Secretariat in the Ministry of Finance, the manner of request to the National Congress, the mechanisms to execute it, its liquidation and report all framed in the Principle of Ethics and Transparency. The Central Bank of Honduras shall be responsible for the financial management of the National Fund for Emergency Preparedness and Response (FONAPRE), ensuring easy access to it by the Permanent Contingencies Commission (COPECO) in order to be able to respond immediately in cases of emergency. The Permanent Contingencies Commission (COPECO) can only use in each fiscal period, a maximum of fifty percent (50%) of the amount of the National Fund for Emergency Preparedness and Response (FONAPRE) to invest in activities of preparation for emergency response. The rest of the content of the National Fund for Emergency Preparedness and Response (FONAPRE) must be kept accumulated to address the emergencies that arise. The activities of preparation for emergency correspond to those contained within the National Contingency Plan prepared and coordinated by the Permanent Contingencies Commission (COPECO). ARTICLE 22.- OF THE STRENGTHENING OF THE NATIONAL FUND FOR EMERGENCY PREPAREDNESS AND RESPONSE (FONAPRE). The State Secretariat in the Ministry of Finance must establish the mechanism of financing and accumulation of the National Fund for Emergency Preparedness and Response (FONAPRE) in accordance with the real possibilities of the country. This mechanism must be included within the Regulation of this Law and can be modified whenever the State Secretariat in the Ministry of Finance deems it appropriate in accordance with the budgetary needs of the country. The modifications to the financing mechanisms established by the State Secretariat in the Ministry of Finance must

be agreed upon with the National Commissioner of the Permanent Contingencies Commission (COPECO) and be aimed at improving the efficiency of management and growth of the National Fund for Emergency Preparedness and Response (FONAPRE). The modifications must be officially communicated to the National Risk Management System (SINAGER) through its Executive Secretariat. The National Fund for Emergency Preparedness and Response (FONAPRE) shall have an annual budget allocation not less than FIVE MILLION LEMPIRAS (L.5,000,000.00) in real terms, measured at the real value of the amount of the first year of validity of this Law. ARTICLE 23.- OF AID AND DONATIONS. The Commissioner of the Permanent Contingencies Commission (COPECO) in his capacity as Executive Secretary of the National Risk Management System (SINAGER), as well as any other member of the National Risk Management System (SINAGER) duly authorized by the Consultative Council, can manage before the national and international community the obtaining of financial resources, services and material goods, as donations intended to cover all or part of the aspects of the Strategic Plan or Operational Plans of the National Risk Management System (SINAGER). The funds collected, when destined for Emergency Preparedness and Response must be mandatorily deposited within the account of the National Fund for Emergency Preparedness and Response (FONAPRE) at the Central Bank of Honduras. This without detriment to the resources allocated by the National Congress in the National Budget of Income and Expenses of the Republic and others that the State Secretariat in the Ministry of Finance approves annually. The funds intended to finance other operations of the National Risk Management System (SINAGER) must be deposited in special accounts managed from the Permanent Contingencies Commission (COPECO) or any of its members. All international donations of material goods or services shall be coordinated by the Permanent Contingencies Commission (COPECO) through established mechanisms. CHAPTER V OF THE APPLICATION OF THE PRINCIPLES ARTICLE 24.- THE EVALUATION OF RISKS AS A PROCESS OF SOCIAL LEARNING. The National Risk Management System (SINAGER) through the Prevention Department of the Permanent Contingencies Commission (COPECO), the National Research and Training Center in Contingencies (CENICAC) or other qualified instances, shall establish the necessary technical scientific requirements for the definition, measurement and determination of conditions that cause significant risks within any activity developed in the national territory. The Prevention Department with other technical scientific instances in turn, shall define the prevention, adaptation and mitigation measures that must be mandatorily complied with so that such risk is "acceptable" and allows the installation of any form of land use. The Prevention Department through the Commissioner of the Permanent Contingencies Commission (COPECO), shall raise to the Consultative Council of the National Risk Management System (SINAGER) the drafting of mandatory provisions for their formalization. Such provisions must be supported by technical scientific opinions, which shall become the guidelines for the work of "prevention officers". Prevention officers shall use technical forms to perform "Risk Assessment" tasks. Said forms shall establish the parameters to determine whether or not a situation is of high, medium or low risk. The National Risk Management System (SINAGER) shall work strengthening the capacities of local governments so that these territorial instances are those that apply the regulations concerning the procedures and contents of "Risk Assessments", which shall be mandatory. Non-compliance with such provisions by legal or natural persons shall imply administrative responsibility

and fines, independent of other civil or criminal sanctions that the law establishes. The National Risk Management System (SINAGER) through the Executive Secretariat can establish agreements or agreements with the National Commissioner of Human Rights, Superior Court of Accounts, National Anti-Corruption Council, Institute of Transparency and Access to Public Information, and other instances, state comptrollers, to establish with them the mechanisms of control and monitoring of provisions related to the prevention and reduction of risk in the country.

DECENTRALIZED AND DECONCENTRATED MANAGEMENT. All institutions in the country, public and private, regardless of their nature, must appoint a Prevention Officer from their current personnel within their institution. These Human Resources must be directly linked with the highest authorities of their respective Institution. The Head of the Institution must include within the functions or terms of reference of the Prevention Officer all those necessary to follow up on the mandatory compliance regulations, issued by the National Risk Management System (SINAGER) and related to Risk Management. Additionally, the personnel of the Planning Units of each institution must include within their supervision and monitoring, as part of the annual POA, the goals and indicators for compliance with the mandatory provisions issued by the National Risk Management System (SINAGER). The municipalities shall be responsible, once the appropriate capacities are established and certified by the Permanent Contingency Commission (COPECO), to verify through Prevention Officers, compliance with the formalized regulations by the Consultative Council of the National Risk Management System (SINAGER). The Permanent Contingency Commission (COPECO) shall ensure that municipalities comply with such regulations. ARTICLE 26.- COORDINATION. All national institutions, public and private, may be called to be active participants in any structure of the National Risk Management System (SINAGER), in such a way that the achievement of the specific results and goals required is facilitated; which shall be understood as needs of the highest national interest. All natural and legal persons who receive this call are obligated according to the declared emergency zone to attend to it and actively integrate into the plans and programs of the National Risk Management System (SINAGER). Work plans and the necessary resources to act and comply with the expected results can be obtained from different sources, especially from national resources as well as resources provided by international cooperators, of any nature. The calls from these instances may be related to any aspect of Risk Management, such as: The financial management of risks, the prevention of risks, the mitigation of risks, adaptation and mitigation of climate change, preparedness for emergencies, response to emergencies and disasters and the processes of rehabilitation and reconstruction. The National Risk Management System (SINAGER) recognizes the work carried out by Non-Governmental Organizations (NGOs) in prevention, preparedness, emergency response and humanitarian assistance and it is through the Permanent Contingency Commission (COPECO) that coordination mechanisms will be established with such organizations for risk reduction in the country.

ARTICLE 27 CITIZEN PARTICIPATION. The Governing Board of the National Risk Management System (SINAGER), when formalizing the mandatory Provisions that must regulate risk management actions in the country, shall appropriately consider the recommendations that emanate from the consultation committees. These recommendations must be supported by the technical-scientific opinion of the Prevention Department of the Permanent Contingency Commission (COPECO) and must be disseminated to all members of the National Risk Management System (SINAGER). Said Provisions shall be the fundamental training material for Prevention Officers to ensure compliance. All persons have the duty to comply with and report non-compliance with the provisions issued by the Governing Board of the National Risk Management System (SINAGER) and other analogous norms, being able to go to the Permanent Contingency Commission (COPECO) and to the corresponding prosecuting and judicial authorities, who must act diligently, in accordance with their jurisdiction and competence to faithfully ensure strict compliance with the law. The Commissioner of the Permanent Contingency Commission (COPECO) shall establish concrete actions within their annual operational plans, to strengthen local capacities and define regulatory proposals related to Risk Management. Organized citizens may conduct necessary social audits to verify compliance with the established provisions on Risk Management, participate in the volunteer service of the Permanent Contingency Commission (COPECO) or within the National or Regional Roundtables and Work Commissions according to their capacity or preference.

INCORPORATION OF THE RISK MANAGEMENT COMPONENT AS PART OF NATIONAL DEVELOPMENT. The country's development plans and programs must achieve that this issue is binding and is integrated with the plans and programs of Sustainable Human Development at the local, regional and national levels in all public and private instances. All member entities of the National Risk Management System (SINAGER), from the governmental and non-governmental sector, must incorporate into their strategies, programs and institutional projects in their territorial demarcations, concrete actions of Risk Management. The prevention officers of each institution will be the persons responsible for guaranteeing this work. The Prevention Department of the Permanent Contingency Commission (COPECO), the National Center for Research and Training in Contingencies (CENICAC) and other certified instances, shall be responsible for training these prevention officers. The Permanent Contingency Commission (COPECO) shall supervise the incorporation of Risk Management components within the plans and programs. Rehabilitation and reconstruction plans must mandatorily contemplate the reduction of persistent risks.

SCOPE OF RESPONSIBILITIES. The head of the executive branch is the highest authority of the National Risk Management System (SINAGER) and at any time can assume that position, even if formally delegated. In case of Emergency, the Council of Ministers presided over by the President of the Republic, automatically becomes the Crisis Management cabinet, with the Permanent Contingency Commission (COPECO) being transformed into the technical unit for support and coordination by decision of the Governing Board. In the Crisis Management cabinet, include other organizations and institutions that the President convenes. In case of Emergency, the provisions issued directly and officially by the Crisis Management cabinet are mandatory and must be complied with by all persons living in national territory. Such provisions must be related to concrete actions that seek to ensure the life, the environment and

the protection of the means of livelihood of Honduran men and women and all those who accompany us within national territory and shall be permanent or temporary according to the content and provision assigned by the Executive.

ETHICS AND TRANSPARENCY. All provisions issued for the protection of life, the environment and the means of livelihood of the inhabitants must be made with the highest sense of ethics, responsibility and in a transparent manner, giving priority to social and community interest over private or group interests. These provisions shall be studied and analyzed within the national education system at all levels and disseminated by the media on a permanent basis. All provisions on Risk Management that are not complied with shall generate the deduction of responsibilities of any kind. The actions to deduce such responsibilities, before the corresponding authorities, can be initiated ex officio or by complaint by the Commissioner of the Permanent Contingency Commission (COPECO). Any complaint shall imply a file and an investigation leading to the documentation of the facts. Complaints that are corroborated and that contain total or partial non-compliance with a mandatory provision of the National Risk Management System (SINAGER) or the Permanent Contingency Commission (COPECO) result in an administrative sanction and a fine, established in accordance with the regulations of this law, regardless of other civil or criminal actions that the law establishes.

DEVELOPMENT OF STRATEGIES TO PROMOTE SOLIDARITY. Every inhabitant of national territory has the obligation to assist, according to their capacities, others who are in a situation of calamity or emergency. All public and private institutions are obliged to allocate the resources at their disposal to support actions for preparedness and emergency response, in order to protect their own resources and to support municipal, departmental or national authorities. The Government and the Honduran people have the obligation to support other peoples and governments solidarily, to the extent that their resources permit, when they are in a disaster situation, in case such assistance is requested by them or is of national interest. All members of the National Risk Management System (SINAGER), especially the territorial ones, have the power to request assistance for themselves, in case of need. From all the emergencies or disasters that occur in national territory, the settlers and victims are left with aftereffects, therefore it is the duty of the State to provide them with the necessary support for the time required, so that they are attended to in their physical and material needs but also in their psychological and spiritual treatment.

NON-DISCRIMINATION, GENDER APPROACH AND AFFIRMATIVE ACTIONS. The concrete actions of the National Risk Management System (SINAGER), in any of the aspects of risk management, must benefit in the short, medium and long term the majority of people inhabiting the national territory, extending to those compatriot persons living outside the national territory who find themselves in grave danger or calamity in other nations. However, it must have special impact on those most vulnerable social groups that have less capacity for recovery in case of disaster, especially girls and boys by making prevail the best interest of children. The National Risk Management System (SINAGER) must focus its resources on supporting fundamentally children, boys and girls, the elderly, persons with special needs, due to any type of disability, those who are permanently or temporarily ill, ethnic groups, pregnant women, families that are headed by a single person, especially if that person is a woman, to protect girls, boys and women who may be exposed to violence of any kind and, in general, to the most impoverished human groups, as one of the vulnerable groups that do not have the capacity to recover from the damages caused by natural events. The actions of the Permanent Contingency Commission (COPECO), and of the municipalities must include plans and programs that contain affirmative and special actions for these groups, so that they are assisted in due form, including differentiated resources in response to specific needs. Efforts shall be made to obtain information on these situations and statistical data disaggregated by sex and age, from the National Institute of Statistics (INE) which is the coordinating entity of the National Statistical System (SEN). The Permanent Contingency Commission (COPECO), shall appoint a person to serve as a liaison with the National Institute of Statistics (INE). CHAPTER VI OF ADMINISTRATIVE VIOLATIONS AND FINES IN MATTERS OF RISK MANAGEMENT

ALLOCATION OF RESPONSIBILITIES. Violations due to non-compliance with the mandatory provisions formalized by the Governing Council of the National Risk Management System (SINAGER) and executed by the National Commissioner of the Permanent Contingency Commission (COPECO), referred to in this law and in the Regulations on Fines and Sanctions, in accordance with the subject matter covered by the law.

SCOPE OF COMPETENCE. For the knowledge and investigation of facts that are classified as violations in this or other laws, the officials in charge of the Permanent Contingency Commission (COPECO), the municipalities or other member institutions of the National Risk Management System (SINAGER), duly certified by the Commissioner of the Permanent Contingency Commission (COPECO) and called prevention officers, shall be competent. The conduct classified as violations in this chapter is of public order and therefore prosecutable ex officio. The Attorney General of the Republic through its competent officials, may request from the Prevention Officers copies of the investigation files of complaints and actions against natural and legal persons who have incurred violations. A special regulation shall develop matters related to violations concerning risk management and the specific functions that prevention officers shall perform.

POWERS OF THE PREVENTION OFFICERS OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). For the observance and compliance with this law and its regulations, in the exercise of their functions, the prevention officers of the institutions that are part of the National Risk Management System (SINAGER), without prior notice, may conduct inspections, technical audits, take photographs, films, require the exhibition of documents that support development plans or projects or other related actions that are directly related. Everything that they verify, together with the respective complaint if it exists, shall be recorded in a file in the unit dependent on the Prevention Department of the Permanent Contingency Commission (COPECO), in charge of making the corresponding file documentation. The officials of said entity may expand, dismiss or recommend the administrative sanctions and fines that correspond in accordance with the procedures established in this law. The Prevention Director shall be in charge of establishing the sanctions and fines that correspond. The obstruction of the functions of the "Prevention Officers" of the members of the National Risk Management System (SINAGER) who conduct investigations to establish the existence of the violations referred to in this article, shall be sanctioned as the crime of disobedience established in the penal code and shall be reported by them to the corresponding prosecutor's office.

SANCTIONS. The non-compliance with the mandatory provisions established by the Governing Council of the National Risk Management System (SINAGER) and duly documented by the Prevention Officers of the member institutions of the National Risk Management System (SINAGER), may be sanctioned as follows:

• 1)

  by a warning to the offender that obligates compliance with the provision within a peremptory term;

• 2)

  By the obligation of immediate suspension of the work or action, until there is evidence and commitment of compliance with the established provisions.

• 3)

  A fine that can range between half and one thousand urban minimum salaries, which must be paid within a peremptory time in the national treasury of the Republic;

• 4)

  With partial or total repair of damages to affected third parties. Sanctions may be imposed jointly or individually. Recurrence in the same violation shall give rise to the classification of the crime of disobedience. Violations in matters of Risk Management shall prescribe after five (5) years from the time the action that generates risk is carried out or unless the prevention officers determine that the risk generated remains latent. The foregoing must be determined through expert appraisal at the cost of the offender, whether a natural or legal person. Everything related to the responsibilities established in this law shall be regulated in its regulation.

The following offenses are considered:

• 1)

  Those who prevent or hinder others from taking shelter or who act in contempt of the recommendations of the authorities. This will be more serious if the person is responsible for the protection and care of those who are in danger.

• 2)

  Any person who, having sufficient authority, acts with negligence even when having the obligation to execute actions, supervise, monitor, or enforce mandatory provisions and has not carried them out, and because of this the damages caused are greater. The filing of a complaint with the National Commissioner of the Permanent Commission for Contingencies (COPECO), or with prevention officers for the alleged commission of an offense in Risk Management shall not interrupt or suspend the administrative and judicial terms established by law. Those who usurp the authority of an official of the Permanent Commission for Contingencies (COPECO), or a prevention officer of the National System of Risk Management (SINAGER),

• 3)

  Persons who comply partially with mandatory provisions in a negligent manner and even when they do not endanger persons, if they do so with animals, livelihoods of others or the environment; and,

• 4)

  Persons who act in violation of temporary or permanent provisions intended to favor assistance conditions for those affected and who delay or prevent rescue operations, first aid, evacuation, or humanitarian assistance to those affected. Persons who, being able to act and having the conditions to do so, do not act in solidarity with those affected or the authorities even when this has been requested of them. The aforementioned considerations of offenses must be properly regulated and the corresponding fines shall be established.

NON-INTERRUPTION OF ACTIVITIES OF THE NATIONAL COMMISSIONER OF THE PERMANENT COMMISSION FOR CONTINGENCIES (COPECO). The activity of the National Commissioner of the Permanent Commission for Contingencies (COPECO) shall not be interrupted in any case, nor even in a state of exception or siege; this provision must guarantee the right of citizens to receive assistance.

NON-INTERRUPTION NOR SUSPENSION OF TERMS

NO CENSORSHIP NOR INTERFERENCE. The correspondence and communications addressed to the National Commissioner of the Permanent Commission for Contingencies (COPECO) cannot be subject to any kind of censorship or interference. CHAPTER VII ALERTS AND DECLARATIONS OF EMERGENCY, DISASTERS AND CALAMITY

DECLARATION OF ALERTS. The Commissioner of the Permanent Commission for Contingencies (COPECO), in consultation with the technical-scientific bodies responsible for monitoring and analyzing natural phenomena, shall be responsible for declaring the different levels of alert, in the face of the imminence, possibility, or impact of a natural or anthropogenic threat. The Municipal Emergency Committees, presided over by the Municipal Mayors, may make the declarations of alert or emergency corresponding to their municipal perimeter. The declaration of alert must be clear, accessible to the entire population, disseminated and repeated by the country's information media, and contain the general measures of prevention, preparation, and protection that the population that may be affected must take. Declarations of alerts may be accompanied by provisions of a mandatory and temporary nature. The alert may be white, green, yellow, or red, according to the level of severity, and may be national or limited to part of the territory. The criteria for its declaration and the measures that each one of them requires for implementation shall be regulated by the Regulation of this law.

DECLARATION OF EMERGENCY, DISASTER OR CALAMITY. The National Commissioner may request by any means at his reach, from the Head of the Executive Branch the corresponding declaration of emergency, disaster or calamity, taking into account the following aspects:

• 1)

  The determination of the type of contingency and the geographic location of the affected areas;

• 2)

  The magnitude of the damages caused by the contingency in the human, economic and productive aspect;

• 3)

  The preliminary estimation of the amount of material and financial resources to be used;

• 4)

  The description of the emergency measures that have been taken and others that must be applied to address the problem;

• 5)

  The special and particular measures and the actions of cooperation required from the general population; and, 6.- The coordination mechanisms adopted for the reception, management and distribution of national and international aid. The declaration of emergency by the Municipal Municipalities must be justified and include the same aspects, referred to in the previous sections, but referred to their own territorial limits.

CONTENT OF THE DECLARATION OF EMERGENCY, DISASTER OR CALAMITY. The resolution adopted by the Head of the Executive Branch, declaring the emergency, disaster or calamity shall contain:

• 1)

  The delimitation of the affected or threatened zone or zones;

• 2)

  The determination of the sources and the amount of financial resources to be used;

• 3)

  Provisions of an obligatory nature and other measures considered necessary;

• 4)

  The time that the special measures will last; and, 5. Once the emergency is declared and the evacuation of persons in sites that are considered high risk, the civil and military authorities shall be

  empowered to carry out mandatory evacuations in order to safeguard human lives. When the magnitude of the disaster warrants it, the declaration shall be reported within twenty-four (24) hours to the National Congress, so that it may take appropriate measures within the scope of its competence; being all those necessary to contribute to facing the situation. The regulation of this Law shall regulate the causes for the declaration of emergency, disaster or calamity and their scope.

MUNICIPAL EMERGENCIES. The Municipal Corporations, in accordance with Article 25 of Decree No. 134-90, dated October 29, 1990, containing the law of municipalities, may declare the state of emergency or public calamity in their jurisdiction, when necessary and order the appropriate measures. In such cases, it shall immediately inform the Governing Council of the National Risk Management System (SINAGER) through the National Commissioner of the Permanent Contingencies Commission (COPECO), the reasons that motivated such declaration, as well as the corresponding preliminary evaluation of damages and needs analysis, in order to define the necessary support from the instances of the National Risk Management System (SINAGER). SINGLE SECTION SPECIAL EMERGENCIES: EPIDEMIOLOGICAL, ENVIRONMENTAL, AGRICULTURAL AND FORESTRY

ON EPIDEMIOLOGICAL AND ENVIRONMENTAL EMERGENCIES. The Secretariat of State in the Department of Health shall be in charge of declaring epidemiological emergencies and the health sector control and prevention measures, in accordance with the provisions of Decree No. 65 dated May 29, 1991, containing the Health Code. The Secretariat of State in the Department of Health shall coordinate and direct the other instances of the National Risk Management System (SINAGER) to effect epidemiological control. The Secretariat of State in the Departments of Natural Resources and Environment, in coordination with the National Risk Management System (SINAGER), may recommend and make declarations regarding disasters, emergencies and other environmental contingencies. The Secretariat of State in the Departments of Agriculture and Livestock, in a coordinated manner, shall make declarations for phytozoosanitary disasters or emergencies.

DECLARATION OF FORESTRY EMERGENCY STATE. The National Committee for Forest Protection, Protected Areas and Wildlife (CONOPRAFOR), contemplated in Decree No. 98-2007 of September 13, 2007, in coordination with the Permanent Committee of the National Risk Management System (SINAGER) shall be in charge of requesting the declaration of forestry emergency areas.

Support for Emergency or Disaster Declarations. The National Commissioner of the Permanent Contingencies Commission (COPECO) has the obligation to support the actions contained within any of the emergency or disaster declarations indicated in this law, to convene the members of the National Risk Management System (SINAGER) that are necessary to carry out the concrete actions in order to respond to such events. Any type of special emergency declaration made by any authority other than the Permanent Contingencies Commission (COPECO), in accordance with what the law indicates, has the same category and power of action as if it had been issued by the Permanent Contingencies Commission (COPECO). With such declarations, the necessary urgent response activities can be executed; therefore, the other authorities, civil and military, should not minimize the power of such declarations, for which reason they must fully comply with what is provided in them and execute what is ordered to them. CHAPTER VIII PREFERENCE AND CHARACTER OF THE LAW

PREFERENCES OF PROVISIONS ON RISK OR DISASTER MANAGEMENT. The provisions of this Law constitute the preferred regulatory framework regarding Risk Management and disasters. The Governing Council of the National Risk Management System (SINAGER) shall formalize the mandatory provisions to be complied with by all members of the National Risk Management System (SINAGER), to achieve the most convenient complementarity in their functions. Such provisions must be considered as part of the regulatory framework of public institutions or the internal regulations of the organizations involved.

PUBLIC ORDER AND SOCIAL INTEREST. This law is of public order and social interest. All public institutions are obliged to allocate material, human, technological, and financial resources to promote the commitments acquired and the provisions established by the National Risk Management System (SINAGER) regarding Risk Management, in order to reduce potential risks to protect people's lives. The private sector is obliged to collaborate with the public sector in the prevention and reduction of risks, particularly in situations of emergency, disaster, or calamity.

PRIORITY OF EMERGENCY ACTIONS: The activities developed to assist the population at risk during alarms and emergencies are of the highest priority for the State. All members of the National Risk Management System (SINAGER) and in general all institutions and organizations in the country must have resources at their disposal to support the tasks of assisting evacuees or those affected. Due to its seriousness and delicacy, it is prohibited for any individual to make use of material or monetary goods that are donated or made available for publicity purposes or to obtain improper profit. Contraventions to this provision shall be sanctioned as established by the Regulations of this Law. The Commissioner of the Permanent Contingencies Commission (COPECO) or its authorized representatives, in moments of alert or emergency, shall make known to any person or group any obstruction of vital protection work that any member of the National Risk Management System (SINAGER) may be suffering, and if they do not comply, shall be authorized to proceed by ordering the respective authority to control such situation and shall establish administrative sanctions and fines against the offenders. The Regulation of the Law shall establish the amounts and types of sanctions to be imposed. CHAPTER IX FINAL AND TRANSITORY PROVISIONS

THE GOVERNING COUNCIL OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The current governing board of the Permanent Contingencies Commission (COPECO) shall be replaced by the permanent members of the Governing Council of the National Risk Management System (SINAGER), established in article 6 of this law, and shall subsequently integrate the temporary members, when they are duly elected, to complete the Governing Council of the National Risk Management System (SINAGER). The persons who represent the governmental institutions that are permanent members of the Governing Council of the National Risk Management System (SINAGER) shall be appointed for the total period of government, which is four (4) years, with the purpose of reducing to the maximum the interruption of continuity of personnel and preventing an excessive number of persons from occupying these positions.

OPERATIONAL STRUCTURES OF THE NATIONAL RISK MANAGEMENT SYSTEM (SINAGER). The National Commissioner of the Permanent Contingency Commission (COPECO) shall proceed, with the validity of this Law, to modify the necessary structures for the proper functioning of the Permanent Contingency Commission (COPECO), so that the technical units assigned to it can comply with the necessary directions to address the functionalities defined in this law. The Regulation of this Law shall define the organization and shall develop the functions of the operational structures of the Permanent Contingency Commission (COPECO) in accordance with the objectives of the National Risk Management System (SINAGER) and those of the Permanent Contingency Commission (COPECO) itself.

ASSETS OF THE PERMANENT CONTINGENCY COMMISSION (COPECO). With the validity of this Law, the Assets of the Permanent Contingency Commission (COPECO) shall continue to be administered by the Commissioner of the Permanent Contingency Commission (COPECO).

NATIONAL CENTERS, NATIONAL CENTER FOR RESEARCH AND TRAINING IN CONTINGENCY RESPONSE (CENICAC) AND THE NATIONAL CENTER FOR INFORMATION AND DOCUMENTATION (CENID). The National Risk Management System (SINAGER) recognizes the National Center for Research and Training in Contingency Response (CENICAC) and the National Center for Information and Documentation (CENID), as instances of the Permanent Contingency Commission (COPECO). The National Center for Information and Documentation (CENID) shall henceforth be recognized with the acronym "CENID-GDR". The purposes of both centers shall be: The National Center for Research and Training in Contingencies (CENICAC) shall develop programs, projects and training and research actions on the broad topic of Risk Management; the National Center for Information and Documentation (CENID-GDR) shall document, inform and promote access, distribution and creation of information related to Risk Management. Each center shall have a director, who shall be appointed by the National Commissioner of the Permanent Contingency Commission (COPECO). They shall have their own structures to execute the support functions that the system assigns to them. The National Center for Research and Training in Contingencies (COPECO) and the National Center for Training and Documentation (CENID-GDR) shall be reorganized by regulation so that they can respond in the matter of Risk Management, as established by this Law.

OPERABILITY OF THE SYSTEM. In accordance with the new policies and norms of territorial and/or geophysical organization that result, the operational structures of the National Risk Management System (SINAGER) shall be reorganized to achieve its effectiveness, in accordance with the plans and strategies in Risk Management that have been approved.

CENTRAL AMERICAN AND EXTRA-REGIONAL INTEGRATION. All countries in the Central American region have updated their regulations focused on Risk Management, including legal linkages to work coordinatedly, creating a common front to face the challenges arising from threats posed by climate change. Honduras, within the framework of the Central American Integration System (SICA), shall proceed to formally integrate, through the National Risk Management System (SINAGER), into the Center for Prevention of Emergencies in Central America (CEPREDENAC), which is a regional instance created to respond more effectively to the prevention of disasters and calamities in the Isthmus.

The System may integrate with any other extra-regional or extra-continental instance, with the purpose of creating effective instances of support and human solidarity.

COMMENCEMENT OF THE GOVERNING COUNCIL'S FUNCTIONS. The Governing Council shall commence its functions within a maximum of fifteen (15) days after the effective date determined for this Law. The Permanent Commission on Contingencies (COPECO) must make the respective communications to the different bodies that must form such Council from the moment this Law is published in the Official Gazette "La Gaceta".

INSURANCE OF PROPERTY. All institutions are obligated to insure their property those that were classified as at risk due to natural or anthropogenic disasters that cause direct public damage and damages that result therefrom, prior to obtaining insurance. The institutions must request from the National Risk Management System (SINAGER) a risk evaluation of the property under their charge in order to subsequently achieve effective negotiation with insurance companies in accordance with the State Contracting Law and the General Law of Public Administration.

REPEALS. Article 6 of the Law on National Contingencies, contained in Decree No. 9-90-E; dated December 12, 1990; published in the Official Gazette "La Gaceta" No. 26,348 of January 25, 1991 and its amendments, contained in Decree No. 217-93 dated October 1, 1993; published in the Official Gazette "La Gaceta" No. 27,237 of December 31, 1993, is hereby repealed.

REGULATIONS. The National Risk Management System (SINAGER) as of the effective date of this Law, shall proceed to regulate the same through a coordinated, participatory, and inclusive process, within a period not exceeding one hundred twenty (120) days.

EFFECTIVE DATE. This Law shall become effective twenty (20) days after its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Municipality of Central District in the Chamber of the National Congress, on the twenty-first day of the month of July of two thousand nine. JOSE ALFREDO SAAVEDRA PAZ PRESIDENT CARLOS ALFREDO LARA WATSON SECRETARY GONZALO ANTONIO RIVERA SECRETARY To the Executive Power. Therefore, Let it be Executed. Tegucigalpa, M.D.C. August 28, 2009 ROBERTO MICHELETTI BAIN CONSTITUTIONAL PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE AND JUSTICE OSCAR MATUTE