Executive Agreement 004-2019

PURPOSE OF THE REGULATION. The purpose of this Regulation is to develop the provisions of the Special Law for Responsible Maternity and Paternity, for the purposes of its application, in accordance with the Constitution of the Republic, applicable legislation on the matter, and the treaties, conventions, and international principles adopted by the State of Honduras. Its duration is indefinite and it is of public order and social interest.

OBJECTIVES OF THE REGULATION. The objectives of this Regulation are:

• 1)

  To develop the legal provisions contained in the Mapa Law;

• 2)

  To establish mechanisms to coordinate the actions of the different institutions whose mandates are linked to the fulfillment of the Mapa Law; and,

• 3)

  To develop the procedures, registries, and other instruments necessary for the application of the Mapa Law.

NORMATIVE HIERARCHY. Female officials, male officials, and persons subject to the provisions of the Mapa Law must comply with the following normative hierarchy:

• 1)

  Constitution of the Republic, Treaties, and International Conventions of which the State of Honduras is a party;

• 2)

  Mapa Law;

• 3)

  Code of Childhood and Adolescence;

• 4)

  Family Code;

• 5)

  Law of the National Registry of Persons;

• 6)

  Special Law Against Domestic Violence; and, 7) Laws, Regulations, and other applicable legal provisions.

PRINCIPLES OF APPLICATION. The general principles of application of the Mapa Law are:

• 1)

  Celerity;

• 2)

  Due Process and Guarantees;

• 3)

  Gratuity;

• 4)

  Best interests of the child and adolescent;

• 5)

  Legality;

• 6)

  Participation of the child and adolescent;

• 7)

  Immediate registration; and, 8) Scientific rigor.

RIGHT OF CHILDREN TO IMMEDIATE REGISTRATION. Without prejudice to other rights, girls and boys have the right to be registered immediately in the corresponding civil registry, for which public and care institutions are obligated to facilitate or create mechanisms that allow their registration. The foregoing is understood regardless of the mechanism and the marital status between their parents. Likewise, they have the right to investigate who their biological parents are. This right is transmitted to the descendants of the daughter or son and is imprescriptible.

DEFINITIONS. For the purposes of application of the Mapa Law and this Regulation, the following terms are understood as: ATTESTATION: A qualifying title, issued by the General Directorate of Forensic Medicine of the Public Ministry, that authorizes a Laboratory to conduct the Scientific Test. COMPETENT AUTHORITY FOR CITATION: The National Registry of Persons (RNP), is the competent authority to conduct the citations referred to in the Mapa Law and this Regulation. LABORATORY CERTIFICATION: Within the framework of the Mapa Law and its Regulation, it is the procedure by which the General Directorate of Forensic Medicine, after verifying the technical and administrative requirements established, authorizes certain laboratories to conduct scientific tests. CERTIFICATE FREE OF FOOD SUPPORT DEBT: It is the document issued by the Family Court of Letters or its equivalent, based on the National Registry of Food Support Debtors, which certifies no insolvency with food support obligations. DELINQUENT FOOD SUPPORT DEBTOR: It is every person obligated to pay child support whose obligation is established in a final sentence or other approved resolutions who fails to pay three (3) consecutive times or five (5) alternating times, who, once required and if unable to demonstrate compliance, must be immediately registered by judicial order and at the request of a party through official notice to the Registry of Delinquent Food Support Debtors. BEST INTERESTS OF THE CHILD: It is the General Principle of the Convention on the Rights of the Child, by which all measures concerning girls and boys taken by public or private social welfare institutions, courts, administrative authorities, or legislative bodies must have primary consideration for their comprehensive protection. INVESTIGATION OF PATERNITY OR MATERNITY WITH SCIENTIFIC TEST: It is the process by which, with the aid of the analysis of genetic markers in DNA or others that may be developed in the future, a biological link is determined between ascendants and/or descendants living or deceased to establish the maternity or paternity of a girl or boy or a determined family group. CERTIFIED LABORATORIES: They are laboratories certified by the body of auditors designated by the General Directorate of Forensic Medicine of the Public Ministry, in accordance with the procedure established in this Regulation and the respective protocols. MAPA LAW: Special Law for Responsible Maternity and Paternity. CHILD: It is every natural person under eighteen years of age. NEW SCIENTIFIC TEST: It is conducted exclusively by the General Directorate of Forensic Medicine when the DNA test or genetic markers conducted by other state or private laboratories is subject to opposition by one of the parties. GENETIC SCIENTIFIC TEST: For the purposes of application of the Mapa Law, "genetic scientific test" is understood as the analysis of genetic markers in DNA or others that may be developed in the future, to determine a biological link between ascendants and/or descendants living or deceased and establish the maternity or paternity of a girl or boy or a determined family group. NATIONAL REGISTRY OF FOOD SUPPORT DEBTORS: It is the national registry of debtors with their food support obligations, which is in charge of the Judicial Branch through the Family Courts of Letters or, in its absence, through the competent Courts of Letters in those places where there are no Specialized Courts in Family matters.

AUTHORITIES OF APPLICATION. Without prejudice to other competent authorities in accordance with the Mapa Law, the application of the Mapa Law and this Regulation corresponds to:

• 1)

  National Registry of Persons (RNP) and consular agents, in their capacity as auxiliary civil registrars;

• 2)

  Public Ministry;

• 3)

  Courts of Letters with competence in family matters, childhood, and against domestic violence, as appropriate;

• 4)

  Directorate of Childhood, Adolescence, and Family (DINAF);

• 5)

  National Institute for Women (INAM);

• 6)

  State Secretariats and other entities of public administration, competent in matters of health, education, and others directly and indirectly related to the application of the Mapa Law;

• 7)

  Universities and educational centers of all levels; and,

• 8)

  Municipalities, through the Municipal Department of Justice and the Offices in matters of childhood and women, for the formulation of public policies and budgets. All authorities obligated to comply with the Mapa Law must coordinate their actions and collaborate with each other, within the framework of the principles of the Mapa Law and this Regulation.

SOCIAL POLICIES ON RESPONSIBLE MATERNITY AND PATERNITY. Public social policies must consider the issues regarding paternity and maternity, in order to establish mechanisms for prevention and care for said population. The programs and projects derived from such policies must include components of education and care on topics such as: protection of the unborn, adolescent pregnancy, and topics related to sexuality, procreation, and prevention of sexually transmitted diseases. All girls and boys are included regardless of their filiation, who have the right to the protection measures that their condition requires from their family, society, and the State. These policies must also ensure the continuity of studies for adolescents both in the period prior to, during, and after childbirth; likewise, they must include regional and local territorial terms. Furthermore, all authorities are obligated to promote what is established in the Mapa Law and facilitate its application. CHAPTER II RECOGNITION OF MATERNITY AND PATERNITY SECTION I TYPES OF RECOGNITION AND PROCEDURE

TYPES OF RECOGNITION. Recognition may be voluntary or forced, and may also be definitive or provisional, in accordance with the Mapa Law and the development of such provisions contained in this Regulation.

VOLUNTARY RECOGNITION. Without prejudice to the general rules established in the Law of the National Registry of Persons, for the purposes of the Mapa Law, the recognition of paternity or maternity in a voluntary manner may also be made solely by the mother, immediately with the manifestation of the presumed father, and they must go to the municipal or auxiliary civil registry office. Likewise, it may be carried out by third parties in accordance with what is stipulated in Article 7, numeral 2) of the Mapa Law. Said registration has a provisional character, becoming perfected with the acceptance by the presumed father or the Judgment that declares forced recognition, as appropriate. If the Judicial Resolution is denying, said registration becomes void and of no effect. In the event it is impossible to serve citation on the presumed father, the same term referred to in the first paragraph of Article 9 of the Mapa Law applies, and the Registrar must act ex officio or at the request of a party.

REQUEST FOR RECOGNITION. The request for recognition, under the Mapa Law, may be made by appearance with the Identity Card and, in its absence, with the certification of the Birth Certificate of the appearing party, in its case the passport or resident card or any other public document that accredits it. The National Registry of Persons (RNP) must order the citation referred to in this Article within ten (10) business days from the provisional registration, which must be executed within twenty (20) calendar days plus the distance term. The term for acceptance or rejection of the presumed paternity or maternity begins from the date on which the respective citation is effected. The National Registry of Persons is obligated to conduct the citation within the terms already indicated, unless the presumed father accepts or rejects his recognition before the same. Without prejudice to continuing with the mechanisms that the Mapa Law establishes to guarantee the rights of the girl or boy.

CORRECTION OF VOLUNTARY REGISTRATIONS. The registration made as a result of voluntary recognition carried out within the framework of the Mapa Law and that of the National Registry of Persons (RNP), may be corrected or amended at the request of the interested party before the Departmental or Sectional Civil Officer of said Registry. This provision is equally applicable to the special cases referred to in numeral 2 of Article 7 of the Mapa Law, by the joint declaration of both parents before the competent Departmental or Sectional Civil Officer.

REQUIREMENTS FOR FORCED RECOGNITION. In accordance with Article 15 of the Mapa Law, forced recognition is the competence of the Judicial Branch through Family Courts of Letters or, in its absence, through competent Courts of Letters in those places where there are no Specialized Courts in Family matters and is appropriate when there is no information in the Civil Registry about the identity of one or both parents; which is equally applicable in the case that the provisional registration referred to in Article 5, penultimate paragraph of the aforementioned Law is rejected or the investigation of already made registrations is intended. For the purposes of said Law, forced recognition must comply with what is established in Articles 99 through 112, 118, and 119 of the Family Code; Articles 629, 644 through 648 of the Civil Procedural Code. With competence in the Family Courts of Letters and where there are none, Sectional Court of Letters competent in civil matters. Likewise, and in accordance with Article 12 of the Convention on the Rights of the Child, the child must be guaranteed the right to express his or her opinion freely regarding forced recognition if he or she is in a position to form his or her own judgment, with his or her opinions being duly taken into account, in accordance with his or her age and maturity.

EX OFFICIO ACTION BY THE PUBLIC MINISTRY. In compliance with what is established in Article 15-A of the Mapa Law, the National Registry of Persons and the Public Ministry must proceed ex officio, in accordance with the Constitution, applicable laws, and regulatory provisions.

SCIENTIFIC TEST. The scientific test determines with certainty and indubitably the consanguineous link, which must be ordered by the competent Family Court of Letters or its equivalent, when there is doubt or controversy. This as a general rule is free of charge, except in cases established in Article 30 of the Mapa Law.

ORDER OF PRIORITY FOR GENETIC SCIENTIFIC TESTING. Scientific Testing is applicable in cases where there is doubt about paternity or when forced recognition as referred to in Article 15 of the MAPA Law is promoted. In which case, its order of priority is determined in the following order of priority:

• 1)

  Both parents;

• 2)

  One parent only;

• 3)

  Two or more full brothers or with two or more full sisters, as applicable; and,

• 4)

  Other relatives who share the paternal or maternal line. The General Directorate of Forensic Medicine must issue the respective Protocol, in which the necessary requirements and technical aspects must be defined, such as: reference samples and complementary analyses, among others. Which is applicable to Genetic Scientific Testing practiced in any authorized laboratory. This without prejudice to New Scientific Testing, which must equally conform to what is established in this Regulation. In which case, if the results of the first test are confirmed, except for a reasoned ruling by the Judge, costs shall be assessed against the party that requested it.

CERTIFIED LABORATORIES. Investigation of paternity or maternity with Genetic Scientific Testing can only be carried out in the laboratories of the General Directorate of Forensic Medicine of the Public Ministry or in those public or private laboratories that have been certified by it. The practice and result of Genetic Scientific Testing must be delivered to the judicial body within a maximum period of ten (10) business days, once the General Directorate of Forensic Medicine receives the corresponding order issued by the competent Court.

CERTIFICATION AND SUPERVISION OF LABORATORIES, PROTOCOLS. For purposes of applying the MAPA Law, certification is the procedure by which the General Directorate of Forensic Medicine, after inspecting the technical and administrative requirements established for laboratories that perform paternity and maternity tests as means of evidence. For such purposes, once the requirements are met, it must issue the respective enabling title through a document (certificate), as authorization for a laboratory to perform Genetic Scientific Testing. The General Directorate of Forensic Medicine must conduct evaluations within the validity period of the certificate, in order to corroborate that the conditions originally evaluated are maintained in accordance with the established requirements, order the corresponding corrections or revoke the cited authorization. The technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE" may be reviewed and updated in accordance with the evolution of scientific discipline and its requirements or the needs arising from certification processes.

PROTOCOLS FOR REQUESTING LABORATORY CERTIFICATION. For purposes of the MAPA Law, the certification that Laboratories must comply with in order to be certified comprises:

• 1)

  Application;

• 2)

  Documentary evaluation;

• 3)

  On-site evaluation; and 4) Review and attestation.

REQUEST FOR CERTIFICATION. The laboratory interested in being certified must request in writing from the General Directorate of Forensic Medicine of the Public Ministry an "evaluation for certification purposes to perform paternity and maternity tests as a means of evidence". Attached to the request, it must provide general information about its constitution and legal basis (copy of the incorporation deed), organization to which it belongs, when applicable; internal organizational structure and the scope of services offered. Once this request is received, within a period of fifteen (15) business days, the applicant must be provided with the evaluation criteria contemplated in the technical specification, "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE", so that it may self-evaluate its degree of conformity with them, remaining in expectation of a confirmation within a period not exceeding thirty (30) business days by the respective requesting Laboratory that wishes to proceed with documentary or on-site evaluation. Once this confirmation is received, the inspection must be scheduled within a term of forty-five (45) business days. The inspection for certification must be conducted by a body of at least three (3) auditors appointed by the General Directorate of Forensic Medicine through the Forensic Medicine delegation of the Strategic Planning and Quality Management Office (OPEGEC) of the Public Ministry or its equivalent, acting as a third-party entity, independent of the Serology and Forensic Genetics Laboratory. The certification procedure must comply with the technical and administrative criteria established in the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE", which must establish the requirements in the following aspects:

• 1)

  Responsibility in expert action;

• 2)

  Guarantee of authenticity of the object of evidence;

• 3)

  Technical competence of the expert;

• 4)

  Conformity of expert assessment methods;

• 5)

  Installed capacity of the service;

• 6)

  Conformity with the requirements of expert report quality; and,

• 7)

  Outsourcing of analysis. These aspects must be evaluated through a "documentary evaluation" and an "on-site evaluation".

DOCUMENTARY EVALUATION. Documentary evaluation is the remote audit procedure, by which the extent to which documentary requirements are met is determined, such as: technical procedures for sample collection, procedures for guaranteeing authenticity of objects of evidence and informed consent. For such purposes, the requesting Laboratory, once it receives notice of inspection from the General Directorate of Forensic Medicine, must submit the documents required in the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE". Such submission must be made within a period of seven (7) business days, either in physical format or by electronic means.

ON-SITE EVALUATION. On-site evaluation is the in-person audit procedure, by which compliance with the technical requirements established in the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE" and its consistency with the documents presented in the documentary evaluation is verified. The on-site evaluation must be carried out by a body of no fewer than three (3) auditors appointed by the General Directorate of Forensic Medicine composed of at least one (1) member of OPEGEC or its equivalent and one (1) technical expert, which must be previously communicated to the requesting Laboratory to prevent any conflicts of interest.

CONFLICT OF INTEREST TO BE AN AUDITOR. There is a conflict of interest to be an auditor appointed by the General Directorate of Forensic Medicine when:

• 1)

  Any of the auditors maintains or has maintained in the two (2) years prior to the request any contractual relationship, provision of services, commercial relationships, legal conflicts or technical advice with the requesting laboratory;

• 2)

  There is kinship within the fourth (4th) degree of consanguinity or second (2nd) degree of affinity, with any permanent member of the requesting laboratory;

• 3)

  Intimate friendship or manifest enmity; or,

• 4)

  Having initiated legal proceedings against the requesting Laboratory.

REVIEW OF EVALUATIONS. The findings of both evaluations related in the preceding articles must be assessed by the audit body, which must determine the extent to which the non-conformities are critical. Non-conformities must be communicated to the Laboratory within a period of ten (10) business days, through an audit report. When the non-conformities found are "non-critical" a remediation period must be agreed upon, which must not exceed thirty (30) business days. Once acceptable compliance with the established requirements and the respective remediation measures, if any, has been achieved, the General Directorate of Forensic Medicine must issue an attestation, declaring that the requesting Laboratory meets the sufficient technical requirements to perform paternity and maternity tests as an object of evidence, and must issue the corresponding certification.

SCOPE OF ATTESTATION. The certification procedure established in this regulation does not constitute recognition of the technical competence of the Laboratory, nor of its quality system. The results are not equivalent to an accreditation of the test in accordance with other schemes such as ISO/IEC 17025 standard, nor for commercial, advertising or other purposes distinct from the use of results as an element of evidence in courts with jurisdiction in Honduras.

VALIDITY OF THE ATTESTATION OR CERTIFICATE. The attestation or certificate shall have a validity of two (2) years, without prejudice to evaluations that may be conducted to corroborate that the conditions originally evaluated are maintained in accordance with the established requirements.

SAMPLE EXTRACTION. The extraction of samples for conducting Genetic Scientific Tests for purposes of maternity and paternity is considered of public interest and must comply with the guarantees of authenticity of the object of evidence and responsibility in expert action; established in the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE", being prohibited its use for other purposes, under the administrative, civil and criminal responsibility of the corresponding offender. The guarantee of authenticity or chain of custody of the process from extraction to issuance of the expert report is the full responsibility of the General Directorate of Forensic Medicine and of the corresponding Laboratory.

SCIENTIFIC TESTING. GRATUITY AND EXCEPTIONS. For application of the principle of gratuity the competent judicial body must conduct a socioeconomic study through its social work departments of the mother and father or the alleged mother and father to verify or disprove the economic inability of the recurring party or parties, fraud or falsity, studies which must be sent together with the corresponding order to the Public Ministry, so that through the General Directorate of Forensic Medicine the Scientific Testing is performed, cost that must be covered without delay with the special fund created in accordance with Article 32 of the MAPA Law, assigned to the Public Ministry; this principle shall not be applicable in cases provided for in Article 30 of the MAPA Law. In the event that scientific testing is performed free of charge and it is proven in the proceeding the economic capacity of the father or mother who requested it or who incurs in false statements or is condemned to forced recognition, the judicial body must order that he or she assume payment of the scientific testing, and must inform the General Prosecutor's Office for the corresponding purposes.

CHALLENGE TO SCIENTIFIC TESTING. Against the results of Genetic Scientific Testing, only New Testing may be invoked in order to confirm or disprove the same, which shall be carried out in the laboratories of the General Directorate of Forensic Medicine; these must demonstrate that they comply with the requirements established in the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT PERFORM PATERNITY AND MATERNITY TESTS, AS MEANS OF EVIDENCE".

NATIONAL REGISTRY OF DELINQUENT FOOD DEBTORS. In compliance with Article 30-E of the MAPA Law, the Judicial Branch must establish at the central level a National Registry of Delinquent Food Debtors, with technical independence, updated with the information that for this purpose must be provided by the Family Letter Courts or whoever acts in their stead in the respective territorial jurisdiction. This mechanism is aimed at establishing a registry of persons insolvent with their food support obligations, under a modern device for updating and consultation, which must be integrated into the institutional web portal of the Judicial Branch. For such purpose, the aforementioned Registry and the institutions obligated to require the Food Debt Free Certificate must establish the necessary technical links and interconnections so that the latter have online access to it. In the same manner and extraordinarily, such institutions must establish an alternate mechanism for when this is not possible. The respective Courts must extend free of charge the Food Debt Free Certificate referred to in Article 30-G of the MAPA Law, without further formalities.

REGISTRATION TERM AND COMMUNICATION. All Family Courts of First Instance and Sectional Courts of First Instance acting in their place must communicate to the Registry of Food Support Defaulters the ordered list of food support defaulters in accordance with Articles 30-E and 30-F of the Mapa Law, with the necessary insertions, within the first five (5) business days of each month. Said Registry must issue, by modern mechanisms, the Certificate of Freedom from Food Support Debt referred to in Article 30-G of the same Law, whose cost must be paid without further procedure by means of Official Receipt of Payment.

INSTITUTIONS REQUIRED TO DEMAND THE CERTIFICATE OF FREEDOM FROM FOOD SUPPORT DEBT. The institutions that in accordance with Article 30-G of the Mapa Law are required to demand as a requirement the Certificate of Freedom from Food Support Debt, and must incorporate the necessary adjustments in their respective processes, under penalty of nullity, without prejudice to the corresponding administrative, civil, and criminal liability. No procedure related to those mentioned in this Article may be admitted without such certificate of compliance.

INELIGIBILITIES DUE TO FOOD SUPPORT DEBT. In compliance with Article 30-G of the Mapa Law, the institutions required to demand the Certificate of Freedom from Food Support Debt to carry out such procedures must establish the appropriate mechanism to ensure that their systems for the issuance of their enabling titles or products comply with the provisions of this Regulation. CHAPTER IV FUND FOR SCIENTIFIC EVIDENCE AND BUDGETARY ALLOCATIONS

FUND FOR THE CONDUCT OF SCIENTIFIC EVIDENCE. In compliance with Article 32 of the Mapa Law, the Public Ministry must maintain and administer the Fund for the conduct of Scientific Evidence for the purpose of guaranteeing its performance under the Principle of Gratuity, for which purpose it must issue the respective Special Fund Regulation. For the application of the Principle of Gratuity, a socioeconomic study must be conducted in which the economic incapacity of the requesting party or parties is proven or disproven. When the study indicates it, the costs of the evidence must be covered by the applicant or those who incur in false statements or are condemned to forced recognition. The Ministry of Finance must incorporate in the Budget Project of the Public Ministry the necessary resources for the creation, implementation, and functioning of the related Fund including its various components, in accordance with Article 33 of the Mapa Law. CHAPTER VI FINAL AND TRANSITIONAL PROVISIONS

INSTITUTIONAL ACTIONS AND OTHER BUDGETARY ALLOCATIONS. The Ministry of Finance and the institutions whose mandate obligates them to fulfill concrete responsibilities for the direct or indirect compliance with the Mapa Law and this Regulation must review their structure, plans, and budgets to make the necessary adjustments with the objective of ensuring the implementation of said regulations. When this implies the modification of normative frameworks or technical instruments it must be done in accordance with the established procedures. In the case of the budget, they must make the necessary internal budgetary provisions and, if appropriate, raise the proposal for modification in accordance with the established procedure.

ISSUANCE OF TECHNICAL STANDARDS FOR LABORATORY CERTIFICATION. The General Directorate of Forensic Medicine has a period not to exceed ninety (90) business days after this Regulation is approved to make available the technical specification "REQUIREMENTS FOR THE CERTIFICATION OF LABORATORIES THAT CONDUCT PATERNITY AND MATERNITY TESTS AS MEANS OF EVIDENCE" referred to in this Regulation.

SANCTIONING FRAMEWORK. The public institutions that guarantee the rights contained in the Mapa Law must apply, in accordance with their mandate and own disciplinary powers, the pertinent sanctions against public servants who incur responsibility for non-compliance with the Mapa Law and this Regulation, without prejudice to the respective administrative, civil, or criminal liability in which they may incur. SECOND: This Executive Agreement is of immediate execution and must be published in the Official Gazette "La Gaceta." COMMUNICATE and PUBLISH. Given in the city of Tegucigalpa on the twenty-second (22) day of the month of February of two thousand nineteen (2019). KARLA EUGENIA CUEVA AGUILAR SECRETARY OF HUMAN RIGHTS MARTHA VICENTA DOBLADO ANDARA UNDERSECRETARY OF STATE GENERAL COORDINATOR OF GOVERNMENT By Delegation of the President of the Republic Delegation Agreement 023-2018, published in the Official Gazette "La Gaceta" dated April 20, 2018