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HONDURAS

Since January 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to the Art. 78 of Decree No. 12-99, industrial secrets are protected against disclosure. However, the state authority may require disclosure when necessary to protect the public, provided that the data or information is protected against unfair commercial use by third parties.
Coverage Horizontal

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 January 2000
Since May 2019, last amended in 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)

Decree No. 130-2017 - Criminal Code (Decreto No. 130-2017 - Código Penal)
The Industrial Property Law, together with the Criminal Code, establishes a framework for the protection and enforcement of trade secrets. Chapter III of the Industrial Property Law (Arts. 73–78) regulates industrial secrets and confidential regulatory data. Arts. 73–74 define an industrial secret as undisclosed information with productive, industrial, or commercial value that is not generally known or readily accessible, and reasonable confidentiality measures protect it. Arts. 75–76 grant the holder the right to seek relief against unauthorised use, disclosure or acquisition, including where the secret is obtained through illicit or disloyal means.
In addition, Arts. 163 and 165 of the Industrial Property Law set out the civil actions and measures available to prevent and remedy infringements of trade secrets, while Art. 395 of the Criminal Code provides for criminal sanctions, including imprisonment and fines, for the unlawful acquisition of commercial secrets.
Coverage Horizontal

HONDURAS

Since June 2001
Since May 2002

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)

Executive Agreement No. 055-2002 - Public Procurement Regulations (Acuerdo Ejecutivo No. 055-2002 - Reglamento de la Ley de Contratación del Estado)
Under Arts. 7 and 21 of Decree No. 74-2001, potential bidders meeting the applicable legal and regulatory requirements may participate on equal terms, subject to reciprocity. However, foreign suppliers may submit bids directly from abroad only where this is exceptionally authorised. In other cases, they must participate through an agent, representative, or distributor established under Honduran law.
Art. 42 further limits international competitive bidding to cases where technical requirements or other justified circumstances require the participation of foreign contractors. Art. 26 of Executive Agreement No. 055-2002 confirms that direct bidding by foreign suppliers without a local branch or authorised agent is permitted only in urgent or emergency situations and where the supplier has specialised technical qualifications, including for highly specialised spare parts, maintenance, or scientific and technical services.
Coverage Horizontal

HONDURAS

Since December 1995, last amended in February 2014
Since December 2002
Since July 2014
Since December 2022

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)

General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)

Resolution No. 016/14 of CONATEL (Resolución No. 016/14 de CONATEL)

Resolution No. NR006/22 - Network Access and Network Sharing Regulation (Resolución No. NR006/22 - Reglamento de Acceso y Uso Compartido de Redes)
Art. 13.9 of the Framework Law for the Telecommunications Sector (Decree No. 185-95) requires telecommunications operators and telecommunications network providers to provide access, on equal terms, to other operators and users in the same or similar circumstances. In 2002, the General Regulation of the Framework Law for the Telecommunications Sector further established the obligation to grant access to both passive and active infrastructure (Art. 186). In 2014, Art. 6 of Resolution No. 016/14 of CONATEL imposes an infrastructure-sharing obligation. The 2022 Network Access and Network Sharing Regulation consolidates and updates the provisions mentioned above.
Coverage Telecommunications sector

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 December 1995, last amended in February 2014

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)
Under Art. 26 of the Framework Law on the Telecommunications Sector, foreign investment is permitted in public telecommunications services, but direct participation by foreign State-owned enterprises is not allowed. In addition, HONDUTEL remains a 100% State-owned enterprise and the only provider of international long-distance fixed telephony services, although sub-operators have been allowed to offer those services since 2010.
Coverage Telecommunications sector

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)
Art. 149 of the State Contracting Law, Decree No. 74-2001, provides that, where required in the tender documents or terms of reference for reasons of public interest, foreign companies must involve Honduran companies in the performance of activities or services to be carried out in Honduras. Art. 150 further requires officials involved in bidder prequalification or consultancy selection to seek greater participation and responsibility for Honduran professionals in order to facilitate technology transfer. Under Art. 151, consultancy contracts entered into by foreign companies must be performed in Honduras, with national personnel participating as specified in the terms of reference.
Coverage Horizontal

HONDURAS

Since 1976

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Honduran Telecommunications Company (HONDUTEL) is a wholly state-owned enterprise.
Coverage Telecommunications sector

HONDURAS

Since January 2009
Since February 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 135-2008 - Law for the Promotion and Development of Competitiveness of Micro, Small and Medium-sized Enterprises (Decreto No. 135-2008 - Ley Para el Fomento y Desarrollo de la Competitividad de la Micro, Pequeña y Mediana Empresa)

Decree No. 4-2025 - General Budget of Revenue and Expenditure of the Republic and its General Provisions for the 2025 Fiscal Year (Decreto No. 4-2025 - Presupuesto General de Ingresos y Egresos de la República y sus Disposiciones Generales Ejercicio Fiscal 2025)
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). In addition, Art. 137 of Decree No. 4-2025 mandates the Secretariat of State for Transparency and Anti-Corruption, through the Office of State Contracting and Procurement (ONCAE), to promote a public procurement regulatory framework that encourages the participation of at least 30% of enterprises owned by women and by excluded groups, including MSMEs, social economy enterprises and organisations representing persons with disabilities.
Coverage Horizontal

HONDURAS

Since December 2005, last amended in May 2015
Since December 2002

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Decree No. 357-2005 - Law for the defence and Promotion of Competition (Decreto No. 357-2005 - Ley para Defensa y Promoción de la Competencia)

General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
Honduras mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Functional separation is found in the Law for the Defence and Promotion of Competition, which applies to all areas of economic activity, and in the General Regulations of the Framework Law for the Telecommunications Sector.
Coverage Telecommunications sector

HONDURAS

Reported in 2012, last reported in 2025

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 since 2012 that winning contracts with the Honduran government can be challenging, even for large companies. Foreign firms have complained of mismanagement, bureaucratic delays, inadequate notification procedures, excessive government direct contracting and a lack of transparency in the bidding process. More recent reports have continued to identify corruption in government procurement and contracts awarded directly to politically connected companies rather than through fair and transparent tendering procedures.
Coverage Horizontal

HONDURAS

Since September 2005

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Honduras has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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 the type approval procedure in Haiti is administered by the Conseil National des Télécommunications (CONATEL). All new models of telecommunications equipment intended for use in the national territory, as well as imported telecommunications equipment, are subject to CONATEL’s type approval and related inspection and registration controls, which cover products using radio-frequency and cellular technologies.
The type approval process reportedly comprises the following steps: (1) submission of an application to CONATEL together with the required documentation and technical specifications for the device; (2) payment of the applicable type approval fees; (3) provision of conformity evidence, commonly including EU/FCC technical documentation (TCF) and accredited test reports, and, where requested, submission of a product sample for verification; (4) completion of the authority’s technical assessment and issuance of a positive conformity outcome; and (5) registration of the device with CONATEL and issuance of the type approval (homologation) certificate, enabling the importation, use, and sale of the device in Haiti.
Coverage Electronic products

HAITI

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Under Arts. Under 200–201 and 206 of the 1987 Customs Code, small packets sent through the letter post are exempt from customs duties and taxes only if the value of the goods does not exceed HTG 100 (approx. USD 1). Small packets above this threshold are subject to customs clearance and the applicable duties and taxes.
Coverage Horizontal

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