According to Art. 7 of Decree No. 74-2001, all potential bidders that comply with the legal and regulatory requirements shall be able to participate in the administrative contracting procedures under equal conditions and without being subject to any restriction not derived from technical and objective specifications of the tendered object. Yet, in the application of this principle with respect to foreign bidders, the principle of reciprocity shall be observed. However, as provided in Art. 42, when special technical requirements or other reasons justify the participation of foreign contractors, the works or supplies shall be procured through international competitive bidding.

Art. 53 of the State Contracting Law and Art. 128 of its Regulation stipulate that when foreign entities participate in procurement processes, Honduras applies price preferences in favour of Honduran suppliers. For goods and services, applicable tariffs or other charges are added to the price. If the goods or services are exempt from such charges, 15% is added to the price. These preferences apply to goods with at least 40% domestic content in the final price.

According to Art. 149 of Decree No. 74-2001, foreign companies are required to involve national companies in the execution of projects in the country when it is in the public interest, as outlined in the contract specifications. Additionally, Arts. 150-151 state that, to facilitate technology transfer, officials overseeing bids must ensure that foreign companies or individuals provide opportunities and responsibilities to national professionals. Furthermore, consulting contracts signed by foreign companies must be executed in Honduras, allowing for the participation of national personnel, as specified in the terms of reference

According to Art. 25 of Decree No. 135-2008, the general State budget must provide for 30% MSME participation in state purchases (goods, services and works). However, it is reported that it is not known whether this provision is implemented.

It has been reported that winning contracts with the Honduran government can be challenging, even for large companies. Some foreign firms have complained of mismanagement, bureaucratic delays, inadequate notification procedures, excessive direct contracting on the part of the government, and lack of transparency in the bidding process.

Honduras is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Haiti has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

In accordance with Art. 264 of the Customs Code, foreign nationals involved in export activities are required to obtain a license, which must be renewed at the start of each fiscal year. The renewed license must then be submitted to the Director of Customs.

It is reported that type approval procedures in Haiti are regulated by the Conseil National des Télécommunications (CONATEL). All products using radio frequency and cellular require type approval and certification in Haiti. The process of obtaining type approval in Haiti involves several steps, as follows: (1) Submitting an application to CONATEL along with the required documents and technical specifications for your device; (2) Paying the Haiti type approval fees, which vary based on the type of equipment and the certification body; (3) Having the device undergo testing at an approved laboratory to verify its compliance with CONATEL technical standards; (4) Receiving a certificate of conformity from the certification body, confirming that the device meets CONATEL requirements; and (5) Registering the device with CONATEL and obtaining a certificate of type approval, enabling the company to use and sell the device in Haiti.
It is reported that the Haitian telecom authority, CONATEL, mandates to conduct in-country testing.

Haiti does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Haiti lacks a comprehensive framework for consumer protection that applies to online transactions.

Haiti is not a signatory of the UN Convention of Electronic Communications.

Haiti has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Haiti has not joined any free trade agreement committing to open transfers of cross-border data flows.

Haiti does not have a comprehensive regime of data protection in place.