Database

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HONDURAS

Reported in 2022, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints about bidding procedures
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.
Coverage Horizontal

HONDURAS

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Honduras is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

HONDURAS

Since June 2011
Since March 1993

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Decree No. 51-2011 - Law for the Promotion and Protection of Investments (Decreto No. 51-2011 - Ley para la Promoción y Protección de Inversiones )

Decree No. 80-92 - Regulation of Investment Law (Decreto No. 80-92 - Reglamento de Ley de Inversiones)
According to Art. 4 of Decree No. 51-2011, there are no restrictions on the involvement of foreign investment in the shareholding structure of companies. In alignment with this, Art. 4 of Decree No. 80-92 stipulates that foreign investment in capital is unrestricted, except in cases specified by the Constitution of the Republic, where limitations are imposed for national security reasons in sectors such as transport, aeronautics, firearms, and ammunition.
Coverage Horizontal

HONDURAS

Since January 1982, last amended in May 2005
Since June 1959, last amended in April 2003

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Constitution of Honduras (Constitución de Honduras)

Decree No. 189-59 - Labour Code (Decreto No. 189-59 - Código del Trabajo)
In accordance with Art. 137 of the Constitution of Honduras and Art. 11 of the Labour Code, foreign companies are prohibited from employing less than 90% of Honduran workers and paying them less than 85% of the total wages earned in their respective companies. However, the Secretary of Labour and Social Security may allow a higher proportion of foreigners to be employed for a period of five years, after which, as far as possible, they must be replaced by Honduran employees.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'HN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"83638"},{"post_id":"83639"},{"post_id":"83640"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'HN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'HN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

HONDURAS

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.18%
Coverage rate of zero-tariffs on ICT goods (%)
82%
Coverage: ICT goods

HONDURAS

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Honduras is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

HONDURAS

Since June 2001

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
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.
Coverage Horizontal

HONDURAS

Since June 2001
Since May 2002, last amended in 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)

Executive Decision No. 055-2002 - Regulation of the State Contracting Law (Acuerdo Ejecutivo No. 055-2002 - Reglamento Ley de Contratación del Estado)
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.
Coverage Horizontal

HONDURAS

Since June 2001

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
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
Coverage Horizontal

HAITI

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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.
Coverage Horizontal

HAITI

Since July 1987

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Customs Code (Décret Relatif au Code Douanier)
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.
Coverage Horizontal

HAITI

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity
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.
Coverage Electronic products

HAITI

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Haiti does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

HAITI

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Haiti lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

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