Regulation of the Civil Aviation Security Law of Honduras

Purpose. To develop the provisions of the Civil Aviation Security Law of Honduras, establishing the normative framework that must be observed. To protect passengers, crew members, ground personnel, users, operators of national and international air transport services, aircraft, aeronautical and airport facilities and the traveling public, against acts of unlawful interference executed by persons or associations of persons that constitute a danger to the normal development of air operations and that represent a threat, as well as other activities against national patrimony and public security within airports and their facilities.

Regulation of Civil Aviation Security Matters. When the law and this regulation make reference to the normative framework, it shall be understood as the set of norms and provisions that regulate the aspects provided for in the Law, including this Regulation, Joint Civil Aviation Rules (MRAC-17), National Programs, Civil Aviation Security Directives. The Airport Security Division shall promote, in coordination with other institutions involved in civil aviation security matters, the normative framework containing programs, procedures, mechanisms and others necessary in order to safeguard the security of operations against acts of unlawful interference.

Definitions. For the purposes and effects of this regulation, the definitions or technical terms used in civil aviation security matters shall have the meanings recognized by the International Civil Aviation Organization (ICAO), the Civil Aviation Security Law of Honduras and, failing that, in the National Programs.

State Aircraft. Aircraft used in military, customs or police services are considered State aircraft. The civil aviation normative framework is not applicable to such aircraft, which shall be governed by the protocols issued by the competent authority. Acts of unlawful interference and other acts that threaten civil aviation security involving State aircraft and/or foreign States are subject to the applicable rules of international law. CHAPTER II Of the Authority of Civil Aviation Security

Regulatory Entities in Civil Aviation Security Matters: 1. The National Council of Defense and Security: It is the supreme permanent body of the State created by constitutional provision, charged with directing, designing and supervising general policies regarding Security, National Defense and Intelligence, the latter executed through the National Direction of Investigation and Intelligence (DNII). 2. The National Direction of Investigation and Intelligence. It is the entity responsible for developing investigation and strategic intelligence activities, to protect the rights and freedoms of citizens and residents in the country; to prevent and counteract internal and external threats against the constitutional order, among others; and to execute public policies in matters of defense and security established by the National Council of Defense and Security. 3. Airport Security Division. Dependent on the National Direction of Investigation and Intelligence (DNII), it has the purpose of providing security, regularity and effectiveness in a permanent and sustained manner, providing the necessary safeguards against acts of unlawful interference through the Civil Aviation Security Law of Honduras, regulations, Joint Civil Aviation Rules, programs, recommendations, methods and legal procedures established, both in domestic and international law; likewise, to maintain the security of national and foreign operators duly authorized to operate in the national airspace, fundamentally at airports that provide services to both national and international flights. To ensure compliance with responsibilities in national and international civil aviation processes, with the ultimate goal of guaranteeing national security in general and citizen security in particular. CHAPTER III Of the Airport Security Division

The Airport Security Division. It is the competent authority in civil aviation security matters for the application of the Civil Aviation Security Law of Honduras and is responsible for the application and compliance with the normative framework in this matter. The competence of the DSA does not relieve the airport operator, security service providers, aircraft operators and other service providers from complying with certain general obligations for the purpose of maximizing the efficiency of the application of security measures and procedures in synergy with exploitation operations and related services.

Authority of the DSA. The supreme authority of the Airport Security Division rests with the Chief of the DSA, who is responsible for exercising the attributions conferred upon him by article 22 of the Civil Aviation Security Law of Honduras, ensuring compliance with the duties and obligations of the DSA, exercising control over the personnel and activities of such institution. Said Chief is appointed and/or removed by the National Director of Investigation and Intelligence (DNII).

Other Functions of the Chief of the DSA. In addition to the attributions contemplated in article 22 of the Civil Aviation Security Law of Honduras, the following functions are established:

• 1)

  To adopt and apply the necessary measures to ensure compliance with international normative framework in civil aviation security ratified by the State of Honduras;

• 2)

  To take the internal measures it deems necessary for the administration and functioning of the Body under its charge;

• 3)

  In matters of Civil Aviation Security, to represent the State of Honduras before the International Civil Aviation Organization (ICAO), the Central American Corporation of Air Navigation Services (COCESNA) and International Civil Aviation Bodies of which Honduras is or is not a member; as well as in national and international forums that address this matter.

Administrative Organization of the DSA. For the fulfillment of its functions, the DSA shall have the organizational, operational and functional structure necessary, sufficient and appropriate for the achievement of its purposes, comprising at least the following structure: a) DSA Chief b) DSA Sub-Chief c) Legal Technical Advisory d) Public Relations e) Training Department f) Operations Department g) Quality Control Department h) Certification and Recertification Department i) Administration Department; and, j) Others that are created and are necessary for proper functioning. With regard to the different qualities and hierarchical status of the officials and employees of the Division, the provisions of the Internal Regulation of Personnel of the DNII, the Manual of Functions of Personnel of the Airport Security Division and current normative framework shall be punctually considered. Within the hierarchical structure, the Chief of the DSA may delegate or assign the attributions to the DSA personnel detailed in article 22 of the Civil Aviation Security Law of Honduras and others established in the current National Program.

Budget Structure DSA. For the purpose of creating new departments, sections and other dependencies that the budget allocation may entail to finance positions for the following fiscal year, the DSA, through the DNII, shall request authorization by submitting a justified request indicating the functions to be executed. The departments and sections existing at the time this regulation enters into force shall not be subject to the authorization and approval process described above.

Personnel. Civil aviation security personnel hired for the Airport Security Division shall be subject to the recruitment, selection and hiring processes of personnel through the Human Resources Division of the DNII, which is detailed in the National Civil Aviation Security Instruction Program (PNISAC). The DSA must have technical personnel and other employees that are required for the best fulfillment of the functions attributed in the normative framework that governs civil aviation security. This personnel shall be selected in accordance with what is established in the National Civil Aviation Security Instruction Program (PNISAC); furthermore, it shall be subject to a special salary system that the DNII shall approve once the specialty of the matter and the recommendations issued by ICAO are considered.

Own Funds of the DSA. The DSA shall define and apply the fees generated by administrative or technical actions carried out in the fulfillment of its functions or attributions. The fees shall be approved by the Director of the DNII and published in the Official Journal "La Gaceta". The DSA shall prepare and propose to the DNII the special procedure for fees in which it is ensured that these funds are used for functions proper to the DSA.

Any activity carried out by the DSA may be performed ex officio or at the request of an interested party. Any follow-up to an activity carried out by the DSA shall have a value established in this chapter and shall be assumed by the user.

The TARIFF FOR ACTIVITIES is created, which shall be applied to all natural or legal persons that require the DSA activities related to normal functions such as: card, permits, audit follow-up, inspections and tests, training, certification and recertification, review and approval of security programs, quality control and instruction, studies and security investigations. Cost Airport Security Card (CSA) The collection of the table established above shall be made starting from the second follow-up carried out on the recommendations that were established.

When the specific activity requested or ex officio from the time stipulated in the last paragraph of the previous article must be carried out outside the city headquarters, in addition to the values established in the table above, the applicant must cover the costs of lodging, meals and transportation for the transfer of the official or employee of the DSA who will carry out the activity, in accordance with the travel allowance table for public sector employees in force at the time of its execution; considering in the case of transportation the following:

• a)

  If it is in a city where there is no airport, it shall be by land;

• b)

  If it is in a city where there is an airport, it shall be by air; and,

• c)

  If it is outside the country it shall be by air. For purposes of the tariff cost, the time established in the following table shall apply:

In the case of specific training activities, the reproduction of didactic material, the venue and refreshments shall be provided by the applicant. In the case of training programs organized by the DSA, the reproduction of didactic material, the venue and refreshments shall be provided by the DNII from the DSA's own funds.

In the case of airport security service activities, the time and personnel required shall depend on the study conducted for such activity.

The fees stipulated in the Fee Schedule contained in this Chapter shall be reviewed every two years by the DSA Chief and authorized by the DNII Director, and in exceptional cases due to changes in the public sector per diem table considered for this calculation.

Specific activities not contemplated in this regulation shall be subject to the provisions established by the DSA Chief, taking as reference the activity similar to the one requested.

The applicant for a specific activity must submit a written request to the Office of the Airport Security Division, which shall forward it to the corresponding department to determine the time necessary to carry it out and issue a form with the fee value that the user must pay.

The department responsible for carrying out the activity, once it has received the deposit of the fee value made by the user, shall send to the Administrative Department DSA the original thereof and one copy shall remain in its custody in the respective file. Once the specific activity is concluded, the responsible department shall send a report to the DSA Chief and to the Administrative Department DSA.

Competent Authority to Impose Sanctions. The Airport Security Division (DSA) is the competent authority to impose administrative sanctions applicable to natural or legal persons for the commission of violations provided for in the Law, Programs, this Regulation and the Regulation on Sanctions for Violations of Civil Aviation Security (AVSEC).

Warning. The Chief of the Airport Security Division (DSA) may impose administrative or pecuniary sanctions for violations of the Law, Regulation on Sanctions for Violations of Civil Aviation Security (AVSEC), Programs and Security Directives, except for those violations in cases that are not under its jurisdiction as established in Article 16 of the Law. Sanctions shall be applied depending on the severity of the violations and the consequences for Civil Aviation Security. Upon initiating an administrative process for the commission of a violation, prior to the application of a sanction, the Airport Security Division (DSA) must warn the violator to correct the cause of the sanction; this criterion must be applied if upon opening the file it is detected that there is insufficient merit to continue the sanctionary process.

Criterion for Applying a Sanction. In determining the type and appropriate measure of the sanction to be applied, the following must be considered: The nature of the violation, the intent of the violator (whether it was deliberate or without bad intention), the possible or actual danger to civil aviation security, the level of responsibility of the violator, his record of violations, attitude toward the violation, including whether he voluntarily disclosed the violation and whether he adopted any measure to correct it, and the consequence of the sanction as a deterrent to others in similar situations. The administrative procedure to be applied for the hearing of airport violations shall be that established in the Regulation on Sanctions for Violations of Civil Aviation Security (AVSEC).

Classification of Violations. Violations are classified as minor, serious, and very serious, which must be sanctioned in accordance with the provisions of the Law, the Regulation on Sanctions for Violations of Civil Aviation Security (AVSEC), without prejudice to others that may be included in the future by recommendations of the International Civil Aviation Organization (ICAO), which is the international body, or by the competent authority. Such sanctions shall be established in accordance with international regulation, based on Special Drawing Rights in accordance with the exchange rate of the Central Bank of Honduras (BCH) at the time of enforcement within a period of 5 business days counted from the day following the day the violator was notified. Against sanctionary resolutions issued by the DSA, an appeal may be filed which shall be presented to the Division, and the latter shall forward it with the respective report to the National Investigation and Intelligence Directorate (DNII) for its decision; if it is dismissed, it shall determine that the violator shall pay, in addition to the fine, the interest counted from the moment the obligation to pay arose.

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

• 1)

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

• 2)

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

• 3)

  Non-compliance with formal or documentary obligations in the compliance with airport security regulations or programs;

• 4)

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

• 5)

  Non-compliance with conduct standards at an Airport and/or Aerodrome or on board an aircraft; and 6) Non-compliance with instructions from Airport personnel or members of the flight crew.

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

• 1)

  Recurrence of a minor violation;

• 2)

  Verbally and/or physically assaulting DSA personnel, airport personnel and flight crew, disturbing order and discipline at the Airport and/or Aerodrome or on board the aircraft;

• 3)

  Violation of procedures for the application of norms, provisions and security measures;

• 4)

  Non-compliance with the security requirements ordered by the Competent Authority; and 5) Non-compliance with the National Quality Control Program, Airport Security Program, Operator Security Program and Special Services Supplier Security Program that harm the execution of the National Civil Aviation Security Program (PNSAC).

Very Serious Violations. A fine of seven hundred one (701) to three thousand (3000) Special Drawing Rights must be imposed for the commission of those violations considered very serious in the following cases:

• 1)

  Recurrence of a serious violation;

• 2)

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

• 3)

  Operation without having the corresponding security programs authorized by the competent authority;

• 4)

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

• 5)

  Issuing false reports or documents;

• 6)

  For knowingly communicating false reports, transportation of explosives, weapons and other dangerous devices, thereby endangering civil aviation security; and 7) Introducing and/or permitting the transportation of weapons, dangerous articles, inflammable materials, explosives and in general all dangerous goods without complying with the corresponding provisions and/or without having the respective authorization.

The procedure to be followed in the investigation of facts, the application of sanctions and the hearing of administrative remedies are those established in the Law, this regulation and the Regulation on Sanctions for Violations of Civil Aviation Security (AVSEC).

The exercise of the administrative sanctionary power is independent of the eventual concurrence of crimes or violations of a penal nature; in such sense, the imposition of a sanction for administrative violation does not exclude the application of a penal sanction. The DSA shall inform the Public Ministry when it detects the possible concurrence of a crime.

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

Any natural or legal person affected by administrative decisions imposed by the Airport Security Division (DSA) may file against said sanctions the legal remedies under the terms established in the Administrative Procedure Law. SECTION III APPEAL REMEDIES

The Appeal Remedy must be filed before the Airport Security Division and it must forward it to the National Investigation and Intelligence Directorate (DNII) for its decision, along with the case file and its report, within the period of five (5) business days. The period for filing the remedy must be fifteen (15) business days from the day following notification of the resolution.

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

The Resolution of the Remedy for Reconsideration shall end the Administrative Process.

Failure to use any of the remedies within the period established in this chapter shall be understood as dismissed and the corresponding remedial procedure shall be available. CHAPTER VI TRANSITORY AND FINAL PROVISIONS.

Coordination. In accordance with the provisions of articles 33 and 34 of the Civil Aviation Safety Law of Honduras, coordination and update meetings shall be held with the entities involved for the updating of measures, strategies, and legal provisions that have been issued and are related to civil aviation safety aspects. These meetings must be coordinated by the Chief of the DSA who shall notify the DNII Director.

Criteria for making requests before the DSA, requests made to the DSA must be framed within the Procedures Manual and must be accessible and known to the user.

The provisions of this regulation do not prevent the issuance of other regulatory standards that subsequently to this instrument may be necessary for the effective and proper implementation of the Law.

Conflict between Standards. For purposes of Regulation when a conflict arises between a civil aviation standard and another of equal hierarchy, the civil aviation standard shall prevail. When there is a conflict between two civil aviation standards of equal hierarchy, the one that protects to a greater extent the safety of air operations shall prevail.