Regulations of the National Commission on Water

This Regulation regulates the application of the norms contained in the Law of the National Anti-Corruption Council approved by the National Congress of the Republic by Legislative Decree Number 7-2005 of March 3, 2005, published in the Official Gazette La Gaceta No. 30,690 dated May 7, 2005 and which came into force on May 20, 2005.

The National Anti-Corruption Council, which is also identified by its acronym as CNA or the Council, is an independent body, composed of two (2) members appointed by the President of the Republic in his representation and twelve (12) organizations of Civil Society, enumerated in Article 4 of the Law. Said Council shall have its seat in the city of Tegucigalpa, municipality of the Central District, exercising its functions throughout the Republic.

For purposes of the application of the Law and of this Regulation, the following shall be understood as: Corruption: 'Any action or omission, in one's own interest or that of third parties, by part of public servants and/or natural and legal persons, that implies the change of the essence or nature of the fulfillment of moral or legal obligations that safeguard a public interest without it being necessary that this change produce patrimonial damage to the State or to society'. This definition includes all acts of corruption, classified nationally or not, described as such in the International Treaties in force in Honduras.

In the fulfillment of the functions attributed to it by the Law, the CNA may act:

• a)

  On its own initiative;

• b)

  At the request of the Public Ministry;

• c)

  At the request of the Presidents of the Powers of the State, through whom the other bodies of public administration shall channel their requests; and,

• d)

  At the request of any person or entity whose existence and good reputation shall be previously qualified by the Executive Committee. CHAPTER II OF THE RELATIONSHIP WITH THE POWERS OF THE STATE

The Council shall support the policies and actions that, in the fight against corruption, are undertaken by the Government of the Republic. It shall have access to the Presidents of the Powers of the State and to other officials and employees, in matters of its competence.

The CNA, through its Coordinator, shall maintain permanent communication with the Presidents of the Powers of the State on matters of its competence and when there are matters whose knowledge warrants it, they shall meet with the General Assembly, prior request and with due notice, specifying the topics to be discussed. The other officials and employees of the State shall attend the convocations issued to them by the CNA through the Executive Unit and shall provide the information requested of them or the assistance demanded in matters of CNA competence. The convocations and citations issued by the Executive Unit in the name of the CNA are mandatory, remaining subject, in case of non-compliance, to the responsibilities established by Law. All governmental entities shall be obliged to provide the CNA, within legal limits, with the collaboration and support it demands.

When the CNA needs information from individuals or another type of collaboration to fulfill its attributions, it shall request it directly and, in case of refusal, it shall do so through the Public Ministry or another competent authority.

By means of personal appearance of its Coordinator, the CNA shall render an Annual Report to the National Congress on the fulfillment of its functions and the progress obtained in the anti-corruption fight, as well as the difficulties that arise and the way to overcome them. The Coordinator shall set, in accordance with the President of the National Congress, the date, day and time to render the annual report on the fulfillment of its functions and the progress and difficulties existing in the anti-corruption fight. To fulfill this task, the Coordinator shall choose a commission composed of Members of the Assembly and of the Executive Committee. Likewise, when the case warrants it, he shall be accompanied by employees expert in the matter. Equally, he shall keep the citizenry informed about everything relevant concerning anti-corruption. CHAPTER III OF THE BODIES

The National Anti-Corruption Council shall be composed of the following bodies: a) The General Assembly b) The Coordinator c) The Executive Committee d) The Executive Unit e) The Regional and Local Anti-Corruption Councils, which once organized, shall exercise their competencies within the scope of their respective territorial jurisdictions. CHAPTER IV OF THE GENERAL ASSEMBLY

The General Assembly of the National Anti-Corruption Council shall be composed of fourteen members, broken down as follows: two (2) representatives appointed by the President of the Republic, one owner representative and one alternate, from each of the following civil society organizations:

• a)

  Archbishop of Tegucigalpa, Municipality of the Central District;

• b)

  Evangelical Fellowship of Honduras (CEH);

• c)

  Honduran Council of Private Enterprise (COHEP);

• d)

  Council of Rectors of Legally Recognized Universities (CRU);

• e)

  Legally Recognized Workers' Confederations;

• f)

  Legally Recognized Farmers' Associations;

• g)

  Federation of University Professional Associations of Honduras (FECOPRUH);

• h)

  Federation of Private Organizations for the Development of Honduras (FOPRIDEH);

• i)

  National Association of Public Employees (ANDEPH);

• j)

  Association of Municipalities of Honduras (AMHON);

• k)

  National Forum of Convergence (FONAC); and,

• l)

  Association of Media Communications. The representatives of the organizations shall be elected in accordance with the internal regulations of each one. They shall serve for two (2) years, may be reelected and shall serve on the CNA without remuneration.

The attendance of the owner members shall be mandatory and only in justified cases may they be represented by their alternate. In case of absence of both, without justification, to two (2) consecutive sessions, the CNA shall request their replacement from the organization they represent. In the meetings of the General Assembly in which both the owner representative and the alternate attend, the latter shall have the right to speak but not to vote.

In application of Article 4, third paragraph of the Law, the CNA may invite permanent observers from countries and cooperating organizations that have affinity with the functions and objectives of the Council and the specific agenda topic to its meetings, who shall attend the sessions and may make use of the floor, at the discretion of the Coordinator, but shall not participate in decision-making. Occasionally, and with the same scope provided in the preceding paragraph, any person, natural or legal, national or foreign, may be invited in attention to their affinity with the functions and objectives of the Council or the specific topic on the agenda to be discussed.

The CNA Assembly shall function once a month and extraordinarily when the Coordinator convokes it, on his own initiative or at the request of at least four (4) of its members. The convocations shall be circulated by the Executive Unit through the available means and with at least fifteen days' notice, except in cases of proven urgency.

Within the framework of the functions established in Article 8 of the Law, the CNA Assembly shall have the following attributions:

• a)

  To hold meetings with the Presidents of the Powers of the State, when there are matters whose knowledge or discussion warrants it;

• b)

  To hear through the Executive Unit the citizen complaint and the reports of cases and situations that come to its knowledge, transferring, if appropriate, its report and recommendations to the competent public bodies for the consequent legal purposes;

• c)

  To design and implement mechanisms for training of financial resources, technical or any other kind, ensuring that they do not compromise the independence of the CNA;

• d)

  To enter into Technical and Financial Cooperation Agreements and others of an analogous nature;

• e)

  To discuss and approve the Annual Operating Plan and Budget of the CNA and to know quarterly liquidations thereof, adopting the appropriate measures;

• f)

  To adopt the regulations that are necessary and to submit them for approval by the Executive Power through the Department of State for Interior and Population Affairs;

• g)

  To approve the manuals that are for the sound administration of the CNA, as well as for the effective development of its technical functions;

• h)

  To elect every two years the Coordinator. The election shall be by simple majority of votes;

• i)

  To elect the two representatives of the member institutions of the General Assembly that shall form, together with the Coordinator, the Executive Committee.

• j)

  The other matters that by their nature correspond to it in its purpose of fighting corruption in Honduras.

Thirty days before the two-year term expires for which the representatives of the organizations that make up the General Assembly of the CNA were elected, the Executive Committee, through the means it deems appropriate, shall convoke the member organizations so that, within the period indicated to them, they shall proceed, in accordance with their own internal regulations, to designate their new owner representatives and alternates or to confirm the reelection of those in office.

In the event that any member organization does not designate its representative within the established period, the term of its representative in office shall be understood to be extended for a period of six months. Once the aforementioned period has elapsed and the representative has still not been appointed, such organization shall lose the right to integrate the Assembly during the remainder of this period. In the event of appointing a representative within the six-month term, this new representative or the reconfirmed one shall only serve the remaining period, which in no case may exceed the two years applicable to the full term. Once the established period has expired, the Executive Committee shall convene the accredited representatives to a General Assembly meeting in which they shall elect or reelect the Coordinator and the other two (2) members of the Executive Committee. In the event that any member of the CNA assembly is absent for a period exceeding twelve months, such member shall permanently lose the right to integrate the assembly. Without prejudice to the legitimacy of the quorum with the existing organizations.

Whoever integrates the General Assembly as a representative of one of the organizations enumerated in Article 4 of the Law, and who has been elected to the position of Coordinator and, therefore President of the Executive Committee, upon the expiration of the two-year period, may be reelected for one additional period, if, in turn, such person is reelected in accordance with the internal regulations of their own represented organization and with the simple majority of votes from the other representatives assembled in a legally convened Assembly. CHAPTER V OF THE COORDINATOR

In his capacity as President of the General Assembly and of the Executive Committee, the Coordinator exercises the legal and public representation of the CNA, as the officer of maximum authority within the Council, whose election and reelection shall be subject to what is established in the preceding Article of this Regulation.

The Coordinator may appoint such commissions as may be necessary to conduct the studies, investigations, and everything that may be required for the correct and efficient functioning of the Council. CHAPTER VI OF THE EXECUTIVE COMMITTEE

The Executive Committee, elected by the General Assembly of the CNA, shall be composed of the Coordinator, who shall preside over it, plus two members elected from the representatives of the organizations that integrate the Assembly. Every six (6) months, one of the members of said Committee shall be replaced. The General Assembly shall determine which of the members shall be replaced.

In accordance with the provisions of the second paragraph of Article 5 of the Law, the Executive Committee shall have the following functions:

• a)

  To direct and support the Executive Unit in the actions of monitoring and oversight of the policies and strategies approved by the General Assembly;

• b)

  To verify the existence and good reputation of persons or entities that request the action of the CNA;

• c)

  To propose to the General Assembly the execution of agreements and execution of projects;

• d)

  To administratively authorize the utilization of the budgetary allocation that permits the expenditure of the appropriation necessary to fully perform the functions of the Coordinator in the exercise of his office;

• e)

  To convene, every two years, the organizations that make up the General Assembly, in order to elect the Coordinator and the new Executive Committee for the following period and, once elected, to proceed with their swearing-in and taking office;

• f)

  Any other function that, within the scope of its competence, the Assembly delegates to it. CHAPTER VII OF THE EXECUTIVE UNIT

The executive unit shall be under the direction of an Executive Director appointed by the CNA coordinator, with the powers required for such purpose under the requirements established in Article 24 of this Regulation. Consequently, the Coordinator may remove him for any of the causes enumerated in Article 25 of this Regulation.

The Executive Director, for the purpose of achieving proper internal functioning, shall propose to the superior authorities an administrative structure that shall assign specific functions to each of the departments, directorates, or units that comprise it.

To be Executive Director of the Executive Unit, the following shall be required:

• a)

  to be Honduran;

• b)

  to be over 35 years of age;

• c)

  to be a University Professional, preferably with specialized studies;

• d)

  to be of recognized good character; and,

• e)

  to have extensive experience in social and/or political-administrative matters.

To remove the Director from his position, the following shall be required:

• a)

  Loss of confidence by the Coordinator or by the General Assembly, with the motives for such lack of confidence being justified to the competent authorities;

• b)

  Inability or manifest inefficiency that makes it impossible to fulfill his responsibilities;

• c)

  Any serious violation of the obligations or special prohibitions incumbent upon a public official of such category, provided that such violation is duly proven and that in the application of removal from office, the respective regulatory procedure in force in the Institution is observed; and,

• d)

  For any other cause contemplated in the Labor Laws in force in the country.

The Executive Director shall have the following powers:

• a)

  To follow up on the policies, strategies, and action plans proposed by the General Assembly;

• b)

  To propose to the General Assembly and/or to the Coordinator anti-corruption strategic alliances between the CNA and public or private institutions;

• c)

  To inform the General Assembly and the Coordinator of reports of cases and situations that have been investigated so that, if required, the same be referred to the corresponding authorities;

• d)

  To authorize the distinct administrative procedures that are adopted to expedite the processing that permits the proper management of CNA funds;

• e)

  To sign and issue checks that affect the distinct funds that are managed administratively;

• f)

  To coordinate the actions carried out by the distinct Units that comprise the organizational structure of the Institution;

• g)

  To convene sessions of the General Assembly and of the Executive Committee, with prior authorization from the Coordinator;

• h)

  To propose to the Assembly the adaptation of regulations, manuals, and any other instruments that permit better and efficient administration of the resources of the CNA, with prior consensus and authorization from the Coordinator;

• i)

  To propose to the Coordinator the candidates to occupy the distinct directorates of the Units, as well as the personnel of the same;

• j)

  Any other function that is delegated or attributed to him by the Coordinator. CHAPTER VIII OF THE REGIONAL AND LOCAL COUNCILS

The Coordinator, through the Executive Director, shall promote the creation, organization, and functioning of the Regional and Local Councils, which shall determine the scope of their jurisdiction and competence. In addition to what is established in Article 7 of the Law, these bodies may propose to the General Assembly or to the Executive Committee mechanisms for fighting corruption specific to each one of them. In all other respects, they shall be subject to the administrative, financial, and legal norms that govern the CNA. A special regulation shall regulate their activity. CHAPTER IX OF THE PATRIMONY AND BUDGET

The CNA, in addition to what is established by Article 2 of the Law, shall form its patrimony with the following assets:

• a)

  Movable or immovable property that it receives or acquires under any title;

• b)

  The product of the financial operations that it carries out; and,

• c)

  Other income of similar nature, provided that the collection of these contributions, funds, and income does not in any way compromise the independence with which the CNA is invested. Both funds from the General Budget of the Republic and additional funds collected shall be deposited in different bank accounts, being likewise liquidated separately. At the end of each fiscal year, a report shall be made to the controlling and auditing bodies of the State regarding the utilization of funds and results achieved, as well as the investment or allocation thereof, remaining therefore subject to the actions of said Controlling and Auditing Entities.

The annual budgetary execution, which shall comprise the period from January 1 to December 31 of each year, shall be carried out in accordance with the norms that, for that purpose, are approved by the General Assembly and in whose content all those provisions relating to the preparation of the budget, execution of expenditure, final liquidation, and annual report of the fiscal period shall be included. For the execution of expenditure, the administrative norms necessary for better administrative functioning of the CNA shall be prepared. CHAPTER X OF THE FINAL PROVISIONS

This Regulation shall be approved by the Executive Branch, and shall enter into force upon being published in the Official Gazette. SECOND: This Agreement is for immediate execution and shall be published in the Official Gazette "La Gaceta". Given in the Session Hall of the National Anti-Corruption Council, in the city of Tegucigalpa, municipality of the Central District, on the twenty-seventh (27) day of the month of August of two thousand thirteen. PORFIRIO LOBO SOSA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. PASTOR AGUILAR MALDONADO SECRETARY OF STATE IN THE OFFICES OF INTERIOR AND POPULATION, BY LAW