Law on the Commercialization and Processing of Metal Materials

PURPOSE OF THE LAW. This law is intended to establish the legal framework to regulate the activities of commercialization and industrialization of metallic materials in the form of raw materials or recycled products. Its provisions are of public order and applicable throughout the national territory.

REGISTRY OF MERCHANTS AND INDUSTRIALISTS OF METALLIC MATERIALS. Each Municipality must maintain the Municipal Registry of Merchants and Industrialists of Metallic Materials, in which persons, whether natural or juridical, that have as their habitual activity the industrialization, commercialization, importation, exportation, warehousing, transfer or transport of metallic materials such as aluminum, bronze, iron and other metallic alloys as raw materials or for recycling purposes, must be registered on a mandatory basis. The National Registry of Merchants and Industrialists of Metallic Materials must function through the integration of the Municipal Registries of Merchants and Industrialists of Metallic Materials throughout the country and shall be under the supervision of the State Secretariat in the Office of Economic Development. The registry content and the procedures for integration of this information must be established by the State Secretariat in the Office of Economic Development, which must supervise the formalities of the Municipalities regarding the organization of municipal administration and the inspection of establishments by the Municipal Police authorities, Preventive authorities, Investigative authorities and Traffic authorities, Transportation authorities, Customs authorities and the Public Ministry. Inspection activities must be appropriate to detect any illicit origin immediately.

REGISTRY OF OPERATIONS OF MERCHANTS. Persons, whether natural or juridical, that conduct the activities described in Article 1 of this Law, are obligated to maintain a special registry in which they shall record the following information:

• 1)

  Purchase data of materials identifying the seller, the origin of the material, type, weight and value thereof;

• 2)

  Data of local sales, identifying buyers, type of material or product, weight and value thereof;

• 3)

  Data of exportation and internal movement, indicating the transportation company, the destination, type of material, weight and value thereof, and 4) Data of reproduction, indicating the type of material, weight and value when used in recycling processes.

OPERATING PERMITS. Municipalities shall only be able to authorize the operation of businesses dedicated to the activity of commercialization and industrialization of metallic materials, when the applicant accredits an environmental permit granted by the (UMA) Municipal Environmental Unit of the respective Municipality.

CERTIFICATION OF ORIGIN AND LEGALITY. For the internal transport and exportation of metallic materials, a guide and certificate of origin shall be required, which must be authorized using the protected and personalized forms delivered by the State Secretariat in the Office of Economic Development through the respective Municipality. When it is a matter of exportations, the certificate of origin must be countersigned by the delegated office of the State Secretariat in the Office of Economic Development and in the absence thereof by the municipal authority of the locality of the exporter. The General Directorate of Customs must not authorize the exportation of the materials indicated in this law, without the presentation of the corresponding Certificate of Origin. Obligated merchants must send monthly to the respective Municipality a copy of the forms used.

SUPERVISION AND VIGILANCE. Compliance with the provisions of this Law must be supervised and monitored according to the competencies of the State Secretariat in the Office of Economic Development, of the Municipalities regarding compliance with the organization of municipal administration and the inspection of establishments by the Municipal Police authorities, Preventive authorities, Investigative authorities and Traffic authorities, Transportation authorities, Customs authorities and the Public Ministry. Inspection activities must be appropriate to detect any illicit origin immediately.

NOTIFICATIONS. Merchants obligated by this Law must place warning signs in their establishment in which the sanctions applicable for the commercialization and industrialization of metallic materials originating from an illicit activity are indicated.

FRAMEWORK OF INFRACTIONS AND SANCTIONS. Non-compliance with the provisions of this law shall give rise to the application of the following framework of administrative sanctions. INFRACTIONS: 1) If the obligated merchant fails to comply with the following requirements:

• a)

  Extend documentation for the transport of material;

• b)

  does not report those who bring material with suspicious origin or illicit origin and in the use of practical analysis against the environment,

• c)

  Does not accredit the origin of material acquired, and,

• d)

  does not maintain the merchant registry or the notifications, indicated in Articles 3 and 7 respectively, in these cases fines must be imposed between one (1) monthly minimum wage and five (5) monthly minimum wages at the maximum scale. SANCTIONS: Suspension of the permit for a term of three (3) months in case of recidivism when previously applied.

EFFECTIVE DATE. This Law shall enter into effect 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 Hall of Sessions of the National Congress, on the nineteenth day of the month of August of two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch. Therefore: Let it be Executed. Tegucigalpa, M.D.C., October 13, 2014. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Economic Development ALDEN RIVERA MONTES Legislative Branch DECREE No. 98-2014 THE NATIONAL CONGRESS, CONSIDERING: That the State must recognize the merits of citizens who during their existence have bequeathed to their country expressions that make us all Hondurans proud, specifically in the spiritual area. CONSIDERING: That through Decree No. 240-89 of December 15, 1989, this National Congress instituted the Decoration of Honor for Honduran and Foreign Citizens who have distinguished themselves as accredited with an exaltation and broad recognition of the Honduran people. CONSIDERING: That in accordance with Article 205 attribution 31) of the Constitution of the Republic, it is the responsibility of the National Congress to confer honors for relevant services rendered to the Nation. THEREFORE, IT DECREES: