Regulations on Penalties for Violations of Civil Aviation Security AVSEC

Objective. The object of this Regulation is to establish the infractions and administrative sanctions for violations of the regulations that govern civil aviation activities in the airports of the Republic of Honduras.

Scope of Application. This Regulation shall apply to all natural or legal persons involved in civil aviation security and who are responsible for complying with the provisions emanating from civil aviation security regulations (AVSEC).

Competent Authority. The Airport Security Division (DSA) is the competent entity to know, detect, or investigate the infractions and sanctions that arise from non-compliance with the regulations that govern civil aviation security activities. The procedure followed before the Chief of the Airport Security Division (DSA) is administrative in nature and shall be subject to this Regulation.

Classification of Sanctions. The sanctions imposed on violators shall be classified as: a. Admonitions. b. Fines. c. Partial or total suspension of authorizations granted. d. Cancellation of authorizations granted. The sanctions provided in this Regulation are established without prejudice to civil or criminal liability arising from the infractions committed.

Prior Procedure. No sanction shall be imposed without previously: a. The infraction being submitted to investigation by the DSA. b. The right of defense being granted in the investigation to the alleged violator or violators. c. The DSA issuing the resolution.

Citation and Response. Once the alleged violator is notified in a single citation, he shall present his written response within a period not exceeding three (3) business days, counted from the day following receipt of the notification.

Fine and Appeal. Payment of the fine shall be made within a period not exceeding five (05) business days counted from the day following notification of the violator. Against the sanctioning resolutions issued by the DSA, an appeal may be filed that shall be presented to the Division, and the Division shall remit it to the National Investigation and Intelligence Directorate (DNII) for decision. If it is rejected, it shall determine that the violator shall pay, in addition to the fine, the interest accrued from the moment when payment was due.

Facilitation. Any natural or legal person, whether of public or private law, is obligated to provide the facilities and information necessary for the clarification of the investigation conducted by the DSA. Unjustified refusal to provide such facilities shall constitute a punishable infraction and, in its case, an aggravating circumstance in the imposition of the corresponding sanction. Likewise, the DSA may request, for the better performance of its functions, the advice and assistance of public or private technical personnel. CHAPTER II DEFINITIONS

Definitions. For the purposes and effects of this Regulation, the terminology that appears herein shall be considered under the following concepts: 1. Acts of Unlawful Interference: Acts, or attempts intended to compromise the security of civil aviation including, without this list being exhaustive, the following: - Unlawful seizure of aircraft; - Destruction of an aircraft in service; - Taking of hostages aboard aircraft or at aerodromes; - Forcible intrusion aboard an aircraft, at an airport, or in electronaves; - Introduction aboard an aircraft or at an airport of weapons or dangerous artifacts (or substances) or in aircraft; - Use of an aircraft in service for the purpose of causing death, bodily injuries, serious harm to property or the environment; - Communication of false information that compromises the security of an aircraft in flight, or on the ground, or the security of passengers, crew, ground personnel, and the public at an airport or at the premises of a civil aviation facility. - The foregoing is without prejudice to the definitions established in the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and Article 2 of the Protocol for the Suppression of Unlawful Acts of Violence at Airports. 2. Human Performance: Capabilities and limitations that affect the operational safety, protection, and efficiency of aeronautical operations. 3. Airport Administrator: A natural or legal person not of the State holding a concession related to civil aviation activities, which is obliged to comply with the conditions established in the Concession Contract, Annexes, and Modifications. 4. Aircraft: Any machine that can be sustained in the atmosphere by air reactions other than reactions of the same against the surface of the earth. 5. Airport: Any area of the State open for the operations of commercial aircraft. 6. International Airports: Any airport designated by the State in whose territory it is located as a gateway for entrance or exit for international air traffic where customs, migration, public health, veterinary and phytosanitary regulations, and similar procedures are carried out. 7. Honduran Civil Aviation Agency: A decentralized organism of the Secretariat of Infrastructure and Public Services (INSEP), created by Executive Decree PCM-047-2014 published in La Gaceta. 8. Accredited Agent: Cargo forwarding agent or any other entity that maintains commercial relations with an operator and provides security controls that are accepted or adopted by the competent Authority with respect to cargo or mail. 9. Exclusive Area: Aeronautical zone over which an air operator, entity, or holder of an exclusive use area has a written agreement with the State of Honduras and/or the airport administrator. In both cases, the responsibility for generating information lies between the public party and the aeronautical part, of the DSA. 10. Public Area: The area of an airport and the buildings contained therein to which the non-traveling public has access. 11. Landing areas, maneuvering areas, or operational areas: Those located within the airport perimeter and which include landing strips, taxiways, areas adjacent to the same designated for takeoff and landing of aircraft, and aprons. 12. Security Auditor: Any natural or legal person specialized and duly qualified by the DSA to conduct evaluations and audits of civil aviation security in the national and international airports of the country. 13. Security Audit: The detailed examination of all aspects related to security procedures and measures in order to determine whether they are applied permanently, sustainably, and in accordance with the National Civil Aviation Security Program. 14. Airport Authority: The Airport Security Division (DSA). 15. Competent Civil Aviation Security Authority: The Airport Security Division (DSA) dependent on the National Investigation and Intelligence Directorate (DNII) designated to be responsible within its administration for the preparation, execution, and compliance with the Civil Aviation Security Program. 16. Weapon: Any object that may be used to attack or civil use weapons, and prohibitions and restrictions on their use and protection, to defend oneself, or to produce threats or attempts against the physical integrity of persons, passengers, crew members, and the general public, or to cause damage to airport, aeronautical, or aircraft installations. 17. Restricted Articles: Articles that, in the specific context of aviation security, are defined as those articles, artifacts, or substances that can be used to commit an act of unlawful interference against civil aviation or that may endanger the operational safety of aircraft and their occupants or installations or the public. 18. Corporate Aviation: The non-commercial operation or use of aircraft by a company for the transport of passengers or goods as a means for the conduct of the company's business, for which professional pilots are hired. Note that aviation for companies is a subcategory within general aviation. 19. Business/Private Aviation: The non-commercial operation or use of aircraft by a company for the transport of passengers or goods as a means for the conduct of the company's business, for which professional pilots are hired. Aviation for companies is a subcategory within general aviation. 20. General Aviation: Operation of aircraft for purposes other than commercial air transport and aerial work. 21. Bomb Threat: Threat communicated, anonymous or otherwise, real or false, that suggests or indicates that the security of an aircraft in flight, or on the ground, or an airport or a civil aviation facility, or a person, may be endangered due to an explosive or other object or artifact. 22. AOA: Aeronautical Operational Area. 23. Cargo: All goods transported in an aircraft except mail, supplies, and accompanied or lost baggage. 24. Airport Security Card (CSA): Card or other document issued to persons (except photograph and personal data) employed in airports, or to those who for other reasons need authorization for access to airport facilities or any restricted security zone. Its purpose is to identify the bearer and facilitate such access. Vehicles shall be included in this process if their purposes are entry or security within airports. This shall be regulated by a Security Procedure issued for such purpose. 25. Certification: Formal evaluation and confirmation granted by the competent authority in civil aviation security, or on behalf of such authority, that a person possesses the necessary competencies to perform the functions assigned to him with the level that the competent authority considers acceptable. 26. Conceding Authority: The State of Honduras, acting through the Secretariat of State in the Offices of Infrastructure and Public Services (INSEP). 27. Concession: The contract by virtue of which the Conceding Authority entrusts the Concessionaire with the operation, maintenance, exploitation, provision, and expansion of airports, air activities in airports, and complementary activities. 28. Security Conditions: The minimum security conditions that the State shall maintain in airports for the initiative of commercial aircraft. Such conditions shall be in accordance with the Honduran standards that at each moment are applicable in accordance with what is established in Annexes 9 'Facilitation', Annex 17 'Security', Annex 18 'Safe Transport of Dangerous Goods by Air' of the Chicago Convention, their respective amendments, document 8973 'Civil Aviation Security Manual', and other provisions that may at any time be applicable. 29. Convention: The Convention on International Civil Aviation, known as the 'Chicago Convention', approved by Decree No. 89-53 dated February 18, 1953. 30. Mail: Dispatch of correspondence and other articles that postal services present for the purpose of being delivered to other postal services, in accordance with the standards of the Universal Postal Union (UPU). 31. Special Drawing Rights (SDR): An international reserve asset created in 1969 by the International Monetary Fund (IMF) to supplement the reserve assets of countries and was redefined based on a basket of currencies currently comprised of the United States dollar, the euro, the British pound sterling, and the Japanese yen, and is calculated using certain amounts of the four (4) currencies valued in United States dollars based on exchange rates quoted daily. For the purposes of this Law, the value fixed at the time the loss occurs, the infraction is committed, or the indemnification is paid shall be taken as reference to establish the responsibilities and their limits, a value that shall be taken into account in both judicial and extrajudicial cases; and its calculation shall be carried out in accordance with the valuation method applied by the International Monetary Fund (IMF) for its operations and transactions in force on the date the aforementioned events occur. 32. Airport Security Division: Entity dependent on the National Investigation and Intelligence Directorate (DNII), responsible for conducting special operations of surveillance, control, inspection, search, and interdiction, for the purpose of identifying and combating the commission of crimes in all airport activities, as well as preventing acts of unlawful interference and irregularities in civil aviation processes. 33. Travel Document: Passport or other official identity document issued by a State or other Organization that can be used by the lawful holder for international travel. 34. Temporary Visit Label (ETV): Temporary visit labels granted by the DSA to certain persons to conduct special, occasional, and facilitation activities in airports, whose validity shall not exceed eight (8) hours. 35. Recognized Shipper: A shipper that originates cargo or mail for its own account and whose procedures comply with common safety standards and regulations sufficient to permit the transport of cargo or mail on any aircraft. 36. Explosive: Any substance or mixture that under certain conditions can rapidly produce a large quantity of gases with violent mechanical or thermal effects. 37. Facilitation: The efficient management of a necessary control process for the objective of expediting the dispatch of persons or goods and preventing unnecessary rituals in operations. 38. Infraction: Conduct that is unlawful and endangers the safety of civil aviation but that is considered of minor gravity and therefore is not typified as a crime. 39. Unpredictability: The application of security measures with irregular frequencies, in different places, and/or using varied means, in accordance with a defined framework, for the objective of increasing its deterrent effect, and its use of security measures is unpredictable in different places and/or using varied means. 40. Inspection: Application of technological or other means intended to identify and/or detect weapons, explosives, or other artifacts, objects, or dangerous substances that may be used to commit an act of unlawful interference. 41. Security Inspection: Examination of the application of relevant requirements of the national civil aviation security program in an airline, airport, or other entity responsible for civil aviation security. 42. Infraction: Non-compliance with civil aviation security regulations. 43. Dangerous Goods: Any object or substance that can constitute a risk to health, safety, property, or the environment and that appears in the list of dangerous goods in the technical instructions or that are classified in accordance with such instructions. 44. Fine: A sanction of a pecuniary character consisting of the imposition of payment of a sum of money and that derives from the verification of the commission of conduct that violates civil aviation security regulations. 45. Civil Aviation Security Regulations: Law, Regulation, Program, Procedure, Plans. 46. General Aviation Operation: Operation of aircraft other than commercial air transport and aerial work. 47. Commercial Air Transport Operation: Operation of aircraft involving the transport of passengers, cargo, or mail for remuneration or lease. 48. Aeronautical Part: Movement area of an airport and adjacent or nearby land and buildings or parts thereof, whose access is controlled. 49. Public Part: Area of an airport and buildings to which traveling passengers and non-traveling public have unlimited access. 50. Unruly Passengers: Persons who commit aboard a civil aircraft, from the moment the aircraft door closes before takeoff until the moment it is opened again after landing, an act of: i. Aggression, intimidation, threat, or intentional reckless act that endangers the order or safety of property or persons. ii. Aggression, intimidation, threat, or interference in the performance of duties of a crew member or that diminishes the capacity of such person to perform such duties; iii. Intentional reckless act or damage to an aircraft, its equipment or structures, and catering equipment that endangers the order and operational safety of the aircraft or the safety of its occupants; iv. Communication of information known to be false, thereby endangering the operational safety of an aircraft in flight; and, v. Disobedience of legitimate orders or instructions issued for the purpose of conducting safe, orderly, or efficient operations. 51. Permits: A system of permits consisting of cards or other documents issued to persons employed in airports, to those who for other reasons need authorization to have access to the airport, to the aeronautical part, or to the restricted security zone. Its objective is to identify persons and facilitate access. Permits are also issued and used for vehicles for similar purposes and to permit vehicle access. Sometimes permits are called identification cards or airport passes. 52. Vehicle Access Permit (PAV): Document extended to vehicles that, due to their function, service, or work, must access the movement area and/or maneuvering area. It includes data specified in the motor vehicle, its operation plate, its service category, and its general characteristics. 53. Exterior Perimeter: Zone surrounding the airport that offers security measures to safeguard the needs of immediate support to operations, preventing interference from unauthorized or uncontrolled persons. 54. Interior Perimeter: Zone that is subject to security measures so that command, communications, and control coordination functions can be performed efficiently and to allow operations to be conducted safely while attending to an emergency, including the needs for immediate entry and exit of personnel and vehicles involved in the emergency. 55. Presentation Point: Place where the passenger is found where passenger presentation is conducted to check travel documents and baggage. 56. Contingency Plan: A 'Prior' plan to include measures and procedures for various levels of threat, announced or unknown, levels and corresponding security measures to be applied for the purpose of preserving and mitigating the risks of such events as well as preparing all interested parties that have functions and obligations in case an act of unlawful interference is committed. A contingency plan would establish graduated security measures that can be increased as the threat increases. It may be independent or included as part of the crisis management plan. 57. Emergency Plan: Plan that establishes procedures for the coordination of the response of different departments (or Services) of the aerodrome and organisms of the surrounding community that could help respond to an emergency. 58. National Quality Control Program: Is the PNCC, directed at verifying compliance with the PNSAC, the PNSAC, National Civil Aviation Security Instruction Program, National Air Cargo Security Program, Contingency Plans of Aerodromes, and civil aviation security norms and procedures. It shall also establish the certification processes for personnel who perform airport security functions in all airports. 59. Security Program: Measures adopted to protect international civil aviation against acts of unlawful interference. 60. Programs: Refers to the National Civil Aviation Security Program, National Civil Aviation Security Instruction Program, National Civil Aviation Security Quality Control Program, National Civil Aviation Air Cargo Security Program, Airport Security Program, Air Operator Security Program. 61. Security: Combination of measures and human and material resources aimed at protecting civil aviation against acts of unlawful interference. 62. Exterior Zone: Space between an inspection point and aircraft whose access is strictly controlled. 63. Restricted Security Zone: Those zones of the aeronautical part of an airport identified as priority risk zones in which, in addition to access control, other security controls are applied. Such zones normally include, among other things, all zones for exit of passengers of commercial aviation between the inspection point and the aircraft; the apron; baggage loading preparation facilities, including zones where aircraft enter service and inspected equipment and cargo are present; cargo warehouses, mail centers, and facilities of the aeronautical part of aircraft provisioning or cleaning services.

Criteria for Applying Sanctions: Sanctions shall be applied depending on the severity of the infractions and the consequences for civil aviation security. Sanctions are not cumulative and are applied indiscriminately to any infraction, in accordance with the intent and gravity of the same.

Mitigating and Aggravating Factors in Investigation: The DSA, when conducting an investigation and applying the corresponding sanction, shall take into consideration the following: The nature of the infraction, whether it was deliberate or inadvertent, the possible danger to airport security, the level of responsibility of the violator, their record of infractions, attitude with respect to the infraction, including whether they voluntarily disclosed the infraction and adopted any measure to correct it.

Permits for Access to Restricted Security Zones (RSZ). Authorized access to the Restricted Security Zones of each international airport or other restricted facilities outside of the same shall be controlled through control processes and systems by means of the issuance of Airport Security Cards (CSA), visit cards called Temporary Visit Labels (ETV), and Vehicle Access Permits (PAV). The DSA is responsible for the issuance and control of the same.

Security Procedures. The DSA is responsible for preparing the security procedure that controls the issuance, production, and authorization of permits for access to restricted security zones, and non-compliance with the same shall be sanctioned.

Cancellation and Suspension of Permits. The DSA has full authority to suspend or cancel the Airport Security Cards (CSA) and Vehicle Access Permits (PAV) granted to a person or public or private institution when such person or institution does not comply with the security procedures established in the regulations, or when acting, compromises airport security.

Grounds for Withdrawal of Permits for Access to the Aeronautical Area or Restricted Security Zones. Permits for access to the aeronautical area or Restricted Security Zones (RSZ) may be withdrawn from their holders for the following reasons:

• 1)

  By disposition of the authorities of the DSA / Head of AVSEC Station, whenever there exist justified reasons for doing so;

• 2)

  By expiration of the term, or termination of the holder's work, by their own will, or by cancellation of the employment contract;

• 3)

  At the request of the airport administrator for the following:

  • a)

    Termination of a lease contract, subconversion, or similar agreements on commercial areas and land within the airport;

  • b)

    Non-payment of amounts obligated by lease contract, for justified cause; and c. For lessees or subconversionaires of the airport incurring repeated violations of operational security regulations. 4. For repeatedly violating the internal Airport Security regulations.

Minor Violations of CSA Procedures. The following shall be considered minor violations of CSA procedures:

• a)

  Carrying a CSA whose expiration date has expired and using it for access to the aeronautical area or ZSR;

• b)

  Not carrying the access permit (CSA) to the aeronautical area or ZSR correctly;

• c)

  Using a deteriorated CSA without having reported it to the AVSEC Station Chief;

• d)

  Leaving access doors open after having entered the restricted area;

• e)

  Employees who enter with minors to restricted areas, whether during working hours or as temporary visitors, without prior coordination with the AVSEC security office;

• f)

  Violations of morality and customs in security zones or restricted areas;

• g)

  For employees who have been authorized a temporary label ETV, failure to return the assigned permit upon leaving the area once their visit has ended or the work performed has been completed.

Sanctions Applicable to Minor Violations. Minor violations shall be sanctioned as follows: a. For the first time, with verbal warning, recorded in the personal file. b. For the second time, with written warning recorded in the personal file. c. For the third time, suspension of the CSA for a period of one day, required to receive a security briefing, accompanied by a supervisor. The sanction shall be recorded in the personal file. d. For the fourth time, suspension of the CSA for a period of three days, required to receive a security briefing, accompanied by the CSA sponsor and execution of a commitment agreement. The sanction shall be recorded in the personal file.

Serious Violations of CSA Procedures. The following shall be considered serious violations: a. Entering a restricted area without the authorized CSA. b. Presenting more than three times, within 30 calendar days, without the CSA, to the restricted area or ZSR. c. Entering the restricted area with the CSA for access to AOA and ZSR, having been prohibited or without prior coordination with the security office. d. Entering restricted areas and/or movement area by evading security controls. e. Violating the security perimeters of aircraft parked in the AOA. f. Using the CSA for access to AOA and/or ZSR to facilitate entry to another person. g. Making physical alteration to a CSA for access to the aeronautical area or ZSR. h. Failure to report the loss or theft of the CSA for access to AOA and/or ZSR within the terms established in this procedure, when such occurs. i. Failure to comply with instructions regarding applicable airport security standards. j. Disrespect verbal and/or physical aggression to airport security personnel of the airport. k. Failure to comply with instructions regarding applicable operational security standards and rescue and salvage standards of the airport. l. Disrespect verbal and/or physical aggression to operational security personnel of the airport. m. Interfering with or blocking security alarms, magnetic access controls, CCTV system cameras of the airport, and other related equipment. n. Refusing or evading the security inspection process before entering restricted areas; o. Disclosing or transferring access codes to unauthorized persons; p. Driving a vehicle without authorization from the DSA and Air Traffic Control Tower, on the apron, service road, taxiway, runway and runway strips; q. Failure to confront a person without identification in restricted areas; r. Entering a restricted area or IOA to provide unauthorized services; s. Evading the airport service fee payment control system, customs controls, immigration, public health, veterinary and phytosanitary regulations, and similar procedures for exit and entry to the country; t. Attempting to travel on a commercial aircraft without complying with the air operator's regulations; u. Repeatedly violating morality and good customs in airport facilities; v. Theft in airport facilities; w. Altering the environment in the airport perimeter; x. Misuse and/or damage to airport equipment and facilities by action or omission; y. Forcing or damaging access doors to terminal building facilities and/or the restricted area; z. Failure to present, or forgetting to bring to the workplace, the CSA for access to a restricted area or work building, in a repeated manner; aa. Introducing food and beverages in foam or disposable plastic containers to the AOA; bb. Generating FOD intentionally in the AOA; cc. Any violation that puts operational safety at risk shall be considered a serious violation; dd. Recurrence of minor violations shall be sanctioned as serious violations.

Sanctions Applicable to Serious Violations: Serious violations shall be sanctioned as follows: a. Suspension of the CSA for a period of five days, required to receive a security briefing. b. Suspension of the CSA for a period of seven days, required to receive a security briefing. c. Definitive suspension of the CSA.

Conciliation System. The conciliation system for serious violations is intended to grant to the person who feels aggrieved all the guarantees of due process and the right of defense that the Law grants by considering that the grounds for the imposition of the sanction of CSA suspension did not occur. The burden of proof shall rest with the interested party. 1. Procedure: The aggrieved person shall submit in writing to the AVSEC Station Chief a request for reconsideration of the CSA suspension, stating the grounds upon which it is based and presenting the evidence in their defense. The aforementioned action shall be exercised within twenty-four (24) hours of the suspension that has been executed. The foregoing is without prejudice to the maintenance of the CSA suspension. 2. Opening of File: The AVSEC Station Chief, if deemed appropriate, may proceed to open a file, convening within twenty-four (24) hours a hearing with the interested party so that they may express what they deem appropriate in their defense and presenting evidence if such has been announced. 3. Development of the Process: i. If at the hearing it is found that there are reasonable doubts that the violator did not commit the violations attributed to them, the AVSEC Station Chief shall be authorized to appoint a person from the security system who will conduct a thorough investigation of the facts and present a report, with their conclusions, within a business day, which shall be sent to the AVSEC Station Chief and this person, with the evidence provided, shall proceed to issue the determination regarding the ratification of the appropriateness or not of the sanction. ii. When the arguments made, or the evidence provided, result in proven innocence, it shall be declared so and the proceedings shall be ordered archived. Proceedings concluded in which they shall be archived so that the action that is exercised shall be archived, the CSA shall be returned, or the evidence provided shall disprove the imputed responsibility, the sanction shall be maintained and the file shall be closed. 4. Special Provisions: a) In all the cases mentioned above, the Station Chief may, if deemed appropriate, request the opinion of the Legal Advisory. b) Regarding the actions derived from the conciliation processes, the Station Chief shall issue a detailed report to the Chief of the DSA of all the facts that have occurred.

Vehicle Access Control: The DSA shall grant permits for vehicle entry to the aeronautical part or restricted zone, maintaining control for access and permanence of the same after having complied with the inspection procedure which shall be recorded in the PSA of each airport.

Violations Due to Improper Use of PAV: The following shall be considered violations due to improper use of PAV: a. Carrying a PAV whose expiration date has expired and using it for access to the aeronautical area or ZSR. b. Not carrying the access permit (PAV) to the aeronautical area or ZSR correctly. c. Using a deteriorated PAV without having reported it to the AVSEC Station Chief. d. Entering the restricted area with the PAV for access to AOA and ZSR, outside of hours or shift, without prior coordination with the security office. e. Entering restricted areas and/or movement area by circumventing security controls. f. Using the PAV for access to the aeronautical area or ZSR to facilitate entry to another person. g. Making physical alteration to a PAV for access to the aeronautical area or ZSR. h. Failure to report the loss or theft of the PAV for access to AOA and/or ZSR. i. Failure to comply with instructions regarding applicable airport security standards. j. Disrespect verbal and/or physical aggression to airport security personnel of the airport. k. Failure to comply with instructions regarding applicable operational security standards and rescue and salvage standards of the airport; l. Refusing or evading the security inspection process before entering restricted areas; m. Driving a vehicle without authorization from the DSA and Air Traffic Control Tower, on the apron, service road, taxiway, runways and runway strips; n. Introducing food and beverages in foam or disposable plastic containers to the AOA; o. Generating FOD intentionally in the AOA;

Sanctions Applicable for Improper Use of PAV. Violations applicable for improper use of PAV shall be sanctioned as follows: a. For the first time, with verbal warning, recorded in the personal file. b. For the second time, with written warning recorded in the personal file. c. For the third time, suspension of the PAV for a period of one day, required to receive a security briefing, accompanied by a supervisor. The sanction shall be recorded in the personal file. d. For the fourth time, suspension of the PAV for a period of three days, required to receive a security briefing, accompanied by the PAV sponsor and execution of a commitment agreement. The sanction shall be recorded in the personal file. CHAPTER III WARNINGS AND PECUNIARY SANCTIONS

Warning.- If the DSA detects that there is sufficient ground to initiate or in the event of continuing a sanctioning process, it shall issue WARNINGS advising the violator to amend the action or omission that could give rise to sanction, to prevent possible application of fines.

Classification of Violations. Violations are classified as minor, serious, and those of a very serious character, which are sanctioned in accordance with what is established in this regulation.

Minor Violations. A fine of one hundred (100.00) to three hundred (300.00) special drawing rights shall be imposed for the commission of those violations that are considered minor, these are: 1. The recurrence of a minor violation. 2. The violation of procedures for the application of standards, provisions and security measures. 3. The failure to properly apply or comply with requirements regarding security matters that the competent authority establishes. 4. Non-compliance with one of the security programs of the aircraft operator, the Airport Security Program, of the service provider that prejudices the execution of the National Civil Aviation Security Program.

Serious Violations. A fine of three hundred (300.00) to seven hundred (700.00) special drawing rights (SDR) shall be imposed for the commission of those violations that are considered moderate, these are: 1. The recurrence of a minor violation. 2. The violation of procedures for the application of standards, provisions and security measures. 3. The failure to properly apply or comply with requirements regarding security matters that the competent authority establishes. 4. Non-compliance with one of the security programs of the aircraft operator, the Airport Security Program, of the service provider that prejudices the execution of the National Civil Aviation Security Program.

Violations of a Very Serious Character: A fine of seven hundred (700.00) to three thousand (3,000) special drawing rights shall be imposed for the commission of those violations that are considered serious, these are: 1. The recurrence of a moderate violation. 2. The disclosure of information, related to the capabilities or deficiencies of the civil aviation security system.

Suspension and Cancellation of Authorizations. In all cases provided for in articles 26, 27 and 28 of this Regulation, in addition to the fines, the DSA may, at its discretion, considering the seriousness of the violation, partially suspend or even cancel the authorizations that in such cases have been granted by it. In those cases of violation that warrant the sanction of suspension and with the approval of the Chief of the Airport Security Division, the sanction may be sustained by the implicated party paying the fine that is applied to them, provided that the violation in question is corrected.

Other Violations. A fine of five hundred (500.00) to three thousand (3,000.00) special drawing rights shall be imposed on the Airport Administration, airline operators, airport lessees, companies dedicated to cargo and mail activities, as well as other companies that carry out activities related to aviation, for any other violation of the Law, its Regulations, the National Civil Aviation Security Program and the National Civil Aviation Quality Control Program not provided for in this chapter. TITLE III SINGLE CHAPTER FINAL AND TEMPORARY PROVISIONS

It is the responsibility of the DSA to resolve matters not contemplated in this Regulation, in accordance with the uses and customs of civil aviation.

The amounts expressed in Special Drawing Rights (SDR) shall be paid by the company at the reference exchange rate of such currency on the date of payment.

In the event that a sanction to be applied concerns DSA personnel, it shall be subject to the Internal Disciplinary Regulation of the National Directorate of Investigation and Intelligence (DNII); in the case in which any security strategy requires the incorporation of personnel from other State institutions, it shall be subject to the labor jurisdiction established in each of them.

The provisions of this Regulation do not prevent the issuance of other regulatory norms that may be necessary after this instrument for the effective application of the Law.

This Regulation shall enter into force on the day of its publication in the Official Gazette "LA GACETA". Given at the Presidential House, in the city of Tegucigalpa, Municipality of the Central District, sixteenth (16) of April of two thousand fifteen (2015). LET IT BE PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC REINALDO ANTONIO SÁNCHEZ SECRETARY OF THE PRESIDENCY 22 A 2015.