US embassy cable - 03TEGUCIGALPA1276

UNCLAS SECTION 01 OF 05 TEGUCIGALPA 001276 
 
SIPDIS 
 
STATE FOR INL/LP, INL/RM, WHA/PPC, AND WHA/CEN 
 
E.O. 12958:  N/A 
TAGS: SNAR, EAID, PREL, KCRM, AFIN, AMGT, HO 
SUBJECT:  INL FY 2002 LAW ENFORCEMENT LETTER OF AGREEMENT AND 
REQUEST FOR ADVICE OF ALLOTMENT FOR HONDURAS 
 
1. This is an action request.  Please see para 2. 
 
2. Action request for INL: Paragraph three has the proposed 
text of the INL FY 2002 Law Enforcement Letter of Agreement 
scheduled to be signed June 11, 2003 by the Ambassador and 
Honduran Minister of Public Security Oscar Arturo Alvarez. 
Post requests INL authorization to sign the proposed 
agreement and INL advice of allotment as soon as possible. 
 
3. Begin text of proposed agreement: 
 
                LETTER OF AGREEMENT ON LAW ENFORCEMENT 
                              BETWEEN 
           THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
                                AND 
                    THE GOVERNMENT OF HONDURAS 
 
I.  GENERAL 
 
The Government of the United States of America and the 
Government of Honduras, (hereinafter each individually a 
"Party" and, collectively, the "Parties") agree to establish 
and to support a project designed to develop, enhance and 
improve Honduran law enforcement capabilities. 
 
The actions to be taken and the resources to be provided by 
the Government of the United States of America ("USG") and 
the Government of Honduras (GOH) in support of this Letter of 
Agreement ("LOA") are set forth below and constitute firm 
commitments by each Party.  Funds granted by the USG under 
the terms of this LOA are specified in a separate face sheet 
and total $1,900,000.00.  Future funding for these projects 
by the USG is contingent upon the availability of duly 
authorized and appropriated funds, satisfactory progress 
toward project goals, and the approval by the U.S. Department 
of State, Assistant Secretary of State for International 
Narcotics and Law Enforcement Affairs ("INL"). 
 
II.  PROJECT DESCRIPTION 
 
This project is designed to strengthen the Honduran Ministry 
of Public Security as a civilian law enforcement organization 
operating as an integral part of the criminal justice system. 
Toward that goal, the USG and the Government of Honduras 
shall take actions and commit resources on an annual basis as 
authorized by their respective legislative processes to 
support this LOA. 
 
Actions to be taken include providing the services of a full- 
time law enforcement development advisor, other technical 
assistance, training, purchase of equipment, materials and 
supplies needed by the Ministry to improve the organizational 
effectiveness and implement key criminal laws in 
collaboration with other institutions of the justice system, 
in particular the Public Ministry.  The planned life of this 
project is two (2) years, following which time the Ministry 
of Public Security will have developed a strong 
partnership with the Public Ministry and other investigative 
elements of the Government of Honduras and high priority 
crimes will be routinely prosecuted in accordance with the 
Criminal Procedure Code.  The Government of Honduras will be 
expected to provide appropriate budgetary and other support 
to the Ministry of Public Security and cooperating 
organizations to maintain both the specialized investigative 
task forces, including trained personnel, and other 
improvements to organizational structure or equipment 
obtained through this project. 
 
The Parties may increase, amend, or terminate projects 
undertaken in conjunction with this LOA as agreed to by the 
Parties in writing.  Such project shall be subject to the 
terms and conditions of this LOA. 
 
 
  III.  PERFORMANCE GOALS AND MEASUREMENTS OF EFFECTIVENESS 
 
The specific goals of this project are to: (1) enhance the 
organizational, administrative and operational effectiveness 
of the Ministry of Public Security, with specific focus on 
its budgeting and planning capabilities, public relations and 
recruitment, and an internal affairs unit; (2) facilitate 
development of standardized operational procedures between 
the Ministry of Public Security, Public Ministry and other 
essential organizations to investigate crime and bring 
prosecutions under the new criminal procedure code in the 
priority areas of kidnapping, homicide, burglary, organized 
crime, money laundering and alien smuggling; (3) provide 
technical assistance and training to the Ministry of Public 
Security in the implementation of the Criminal Procedure 
Code, including amendments currently under discussion in the 
areas of kidnapping, money laundering, narcotics trafficking 
and alien smuggling; (4) enhance the curriculum and 
instructional capabilities of the Ministry of Public Security 
training programs; and (5) develop a Field Training Officer's 
Program for the Frontier Police.  Effectiveness will be 
measured by qualitative and quantitative indicators, 
including observation by personnel of the Parties, and by 
completion of: (1) the implementation of a five-year 
strategic plan and budget allocation (including proposals for 
continued cooperation from donor programs) for continued 
effective administration (defined as an administration that 
is able to allocate resources and personnel appropriately) of 
the Ministry of Public Security and the development and 
implementation of a working internal affairs unit within the 
police structure; (2) specialized investigative units 
operating in the areas of kidnapping and money laundering, 
homicide, organized crime and alien smuggling whose levels of 
operation will improve as indicated by case management and 
the increased number of complete cases sent forward to the 
Public Ministry for prosecution; (3) Implementation of any 
amendments to the Criminal or Criminal Procedure Codes 
adopted by the Government of Honduras related to prosecution 
of such cases; (4) Development and provision of specialized 
investigative training to members of the Ministry of Public 
Security, the Public Ministry and other government agencies 
to enable them to work in task force style units, in the 
priority areas of kidnapping, homicide, organized crime, 
money laundering and alien smuggling, with the understanding 
that members of these units will serve in such capacity for a 
minimum of two years and (5) implementation of an operational 
field training program for the Frontier Police, including 
full Government of Honduras budget support for Frontier 
Police training and operational needs, and documented field 
training reports for all graduates of the Frontier Police 
Academy after September 2003. 
 
IV.  EVALUATION PLAN 
 
Representatives of the Government of the United States and 
the Government of Honduras will meet at least once every 
month to review progress towards achievement of project goal 
and objectives.  Progress will be evaluated in accordance 
with the measurements of success described above. A report 
will be prepared jointly to summarize the results of these 
evaluations.  These evaluations are in addition to the 
ongoing monitoring of the programs and activities conducted 
by relevant personnel of both governments. 
 
V.  STANDARD PROVISIONS 
 
1.  Funds 
A.  Disbursement of USG funds shall be for procurement of 
property, equipment, supplies, material and services 
(hereinafter collectively "property"). 
 
B.  Funds obligated by the USG that have not been spent 
within twelve months following the close of the USG fiscal 
year in which the LOA is signed may be de-obligated by the 
USG.  An extension of this period may be granted by INL. 
 
C.  The Government of Honduras shall contribute to the 
projects in the LOA by ensuring adequate funding for normal 
administrative and related expenses for host country 
personnel.  These expenses include the payment of rents and 
utilities, telephone costs, salaries and benefits (including 
medical and other insurance protection), per diem and travel 
costs within Honduras, personal equipment and uniforms, and 
by recruiting and retaining competent personnel. 
 
D.  The Government of Honduras shall make such reasonable 
efforts as are necessary to ensure that funds or other 
support provided under this LOA are not employed in any way 
in support of drug trafficking. 
 
2.  Title 
Title to all property, procured with funds provided by the 
USG under this LOA shall be to the Government of Honduras 
unless otherwise specified. 
 
3.  Property and Personnel 
A.  Property 
(1) Property furnished to the Government of Honduras through 
funds provided by the USG shall be used to further the object 
and purpose of this LOA.  The Government of Honduras shall 
return to the USG, or reimburse the USG for the original 
purchase price of, any property that it obtains through funds 
provided by the USG that is not used in accordance with this 
provision.  The Government of Honduras shall not authorize 
the re-export, transfer, loan, sale or other disposition of 
any property provided to it under this LOA without the prior 
written authorization of the USG.  Funds derived from the re- 
export, transfer, loan, sale or other disposition of any 
property furnished or funded by the USG to the Government of 
Honduras under this LOA shall be used to further the 
objectives of the LOA. 
 
(2) All property furnished or funded under this LOA shall be 
accounted for to the U.S. Embassy by the Government of 
Honduras in no less rigorous manner than would be used if the 
property was acquired by the Government of Honduras with the 
Government of Honduras' funds. 
 
B.  Personnel 
(1) Before scholarships, fellowships or participant training 
for personnel proposed by the Government of Honduras can be 
furnished or funded under this LOA, each such person must 
execute a certification, as set forth in the Annex to this 
LOA, that he/she has not been convicted of a narcotics 
offense and has not been involved in narcotics trafficking 
within the last ten years. 
 
(2) In order to obtain the maximum benefits from the 
investment in training and other assistance provide under 
this LOA, the Government of Honduras agrees to retain 
personnel who have received training furnished or funded 
under this LOA for a minimum of two years after completing 
such training.  This provision may be waived by written 
agreement of the Parties. 
 
4.  Monitoring and Evaluation 
 
A.  Each Party shall have the right:  (1) to examine any 
property furnished or funded by that Party under this LOA to 
determine that such property is being used in accordance with 
the terms of the LOA; and (2) to inspect and audit any 
records and accounts with respect to funds, property or 
services furnished or funded by that Party under this LOA to 
determine that such funds, property and services are being 
utilized in accordance with the terms of this LOA. 
 
B.  The Parties shall monitor the progress of implementation 
of this LOA, including the use of funds, property and 
services furnished or funded under this LOA at least 
annually.  Each Party shall assign qualified personnel to 
participate in the monitoring and evaluation process. 
 
C.  Each Party shall furnish the other with information 
necessary to evaluate the effectiveness of project operations 
under the terms of this LOA.  At the termination of each 
project, a completion report shall be issued.  This report 
shall include a summary of USG and Government of Honduras 
project contributions, a record of activities performed, 
objectives achieved and related data. 
 
5.  Applicable Laws 
 
A. Each Party shall expend funds and support project 
operations in accordance with its applicable laws and 
regulations. 
 
B.  All property furnished or funded by the USG under this 
LOA shall be procured in and shipped from the United States 
unless otherwise provided for in this LOA, or in any project 
annex, or as otherwise authorized in writing by the USG. 
 
6.  Taxes 
 
A.  Property and Funds 
Any property or funds introduced into or acquired in Honduras 
by the USG or by any person or entity (including but not 
limited to contractors and grantees) funded by the USG as 
part of, or in conjunction with this LOA shall be exempt from 
all taxes, service charges and investment or deposit 
requirements and currency controls in Honduras. The import, 
export, purchase, acquisition, use or disposition of any such 
property or funds in conjunction with this LOA shall be 
exempt from all tariffs, custom duties, import and export 
taxes, taxes on acquisitions or purchases or disposition, 
value-added taxes and any other taxes or similar charges in 
Honduras. 
 
B. USG Personnel 
All personnel employed directly or indirectly by the USG and 
assigned by the USG to perform duties in Honduras in 
connection with this LOA, and accompanying members of their 
families, shall be exempt from all Honduran income taxes and 
social security taxes with respect to income earned while in 
Honduras and from property taxes on real or personal property 
located in Honduras and intended for their own personal use. 
Such personnel and accompanying members of their families 
shall receive the same treatment with respect to the payment 
of customs and import duties on personal effects, equipment 
and supplies imported into Honduras for their own use, as is 
accorded by the Government of Honduras to diplomatic agents 
of the U.S. Embassy in Honduras. 
 
C.  Contract Services 
Any non-Honduran national contractor, including any 
consulting firm, any non-Honduran national personnel of such 
contractor funded under this LOA and present in Honduras to 
perform work in connection with this LOA, any property or 
transaction related directly to such contracts, and any 
commodity procurement transaction funded under this LOA, 
shall be exempt from all taxes, tariffs, duties or other 
levies imposed in Honduras. 
 
D. The tax arrangements provided under paragraphs B and C are 
not applicable to citizens or permanent residents of Honduras 
present in Honduras in conjunction with this LOA. 
7.  Status of USG Personnel in Honduras 
A.  The Government of Honduras shall receive persons 
designated by the USG to discharge responsibilities of the 
USG under this LOA.  Upon appropriate notification from the 
USG, the Government of Honduras shall grant USG employees the 
privileges and immunities accorded to the Administrative and 
Technical staff of the USG and assigned to the U.S. Embassy. 
Contractors under this agreement shall be granted official 
acts immunity. 
 
B.  The privileges and immunities provided under paragraph A 
are not applicable to citizens or permanent residents of 
Honduras present in Honduras in conjunction with this LOA. 
 
8.  Human Rights 
The Parties recognize that the protection of human rights is 
an important element of this LOA.  To this end, the Parties 
understand that: 
 
A. USG assistance to the Government of Honduras' law 
enforcement development efforts is conditioned on the 
Government of Honduras actively protecting human rights in 
Honduras and; 
 
B.  In accordance with United States law and policy, no USG 
assistance or funds shall be provided under this LOA to or 
for use by a unit of the security forces of the Government of 
Honduras if the USG has credible evidence that such a unit 
has committed gross violations of human rights, unless the 
USG determines that the Government of Honduras is taking 
effective measures to bring the responsible members of the 
security forces unit to justice.  The Parties understand that 
"effective measures" means that the Government of Honduras is 
carrying out a credible investigation and that the 
individuals involved face appropriate disciplinary action or 
impartial prosecution in accordance with Honduran law. 
 
9.  Final Clauses 
A.  This LOA shall enter into force upon signature by 
authorized representatives of both Parties. 
 
B.   Modifications to this LOA may be made as agreed by the 
Parties and issued as amendments to this LOA. 
 
C.  Either Party may terminate this LOA by giving the other 
Party 90 days' prior written notice of its intention to 
terminate.  The USG may suspend its obligations under this 
LOA in whole or in part, upon giving the Government of 
Honduras written notice with immediate effect. 
 
D.  Notwithstanding the notification procedures set forth in 
Paragraph B, the USG reserves the right to terminate any and 
all assistance provided under this LOA immediately upon 
notice, or to take any other appropriate measures, if an 
agency of the Government of Honduras to or through which 
assistance is being provided under this LOA, or a key 
individual of such agency, or any recipient of scholarships, 
fellowships or training furnished or funded under this LOA, 
is found to have been convicted of a narcotics offense, or to 
be or have been engaged in drug trafficking. Drug trafficking 
is defined as any activity undertaken illicitly to cultivate, 
produce, manufacture, distribute, sell, finance or transport, 
or to assist, abet, conspire, or collude with others in 
illicit activities, including money laundering (defined as 
the process whereby proceeds of criminal activity are 
transported, transferred, transformed, converted, or 
intermingled with legally acquired funds, for the purpose of 
concealing or disguising the true nature, source, 
disposition, movement, or ownership of these proceeds), 
relating to narcotic or psychotropic drugs, precursor 
chemicals, or other controlled substances.  A narcotics 
offense is defined as a violation of, or a conspiracy to 
violate, any law or regulation of the United States, a State, 
the District of Colombia or other U.S. territory, or a 
foreign country relating to narcotic or psychotropic drugs or 
other controlled substances as defined under United States 
law. 
 
E.  Notwithstanding the termination of this LOA, the 
obligations of the Government of Honduras under Section IV, 
Paragraph 3 of this LOA relating to the use of property shall 
continue to apply without respect to time, unless otherwise 
agreed in writing by the Parties. 
DONE at Tegucigalpa, Honduras in duplicate this 11th day of 
June 2003 in the English and Spanish languages, both texts 
being equally authentic. 
 
 
For the Government of the          For the Government 
United States of America           of Honduras 
 
 
-----------------------------    --------------------------- 
Ambassador Lawrence L. Palmer,   Oscar Arturo Alvarez, 
United States Ambassador to      Minister of Public Security 
Honduras                         Honduras 
4. End text of proposed agreement. 
Pierce