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
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 December 1995, last amended in February 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
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 January 1982, last amended in May 2005
Since June 1959, last amended in April 2003
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)
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% Honduran workers and from 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
Sources
- https://web.archive.org/web/20230329194444/https://www.tsc.gob.hn/web/leyes/codigo_de_trabajo.pdf
- https://web.archive.org/web/20231229213135/https://www.oas.org/dil/esp/constitucion_de_honduras.pdf
- https://web.archive.org/web/20231003180137/https://www.state.gov/reports/2023-investment-climate-statements/honduras/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S443R1.pdf&Open=True
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HONDURAS
Since January 2000, last amended in March 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to Art. 144 of the Industrial Property Law, all persons must file their applications through a legal representative. Where the applicant or holder of an industrial property right is domiciled or has its headquarters outside Honduras, they must be represented by an agent domiciled in the country.
Moreover, as established under Art. 45 of the Industrial Property Law, a patent application must include the name and address of a representative or agent in Honduras if the applicant has no domicile or establishment in the country.
Moreover, as established under Art. 45 of the Industrial Property Law, a patent application must include the name and address of a representative or agent in Honduras if the applicant has no domicile or establishment in the country.
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
HAITI
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention of Electronic Communications
Haiti has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HAITI
Since February 2017
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act (Loi sur les échanges électroniques)
Haiti enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
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. Nevertheless, electronic signatures are regulated under Haiti’s Electronic Signature Act of 2017.
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 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.
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
Sources
- https://web.archive.org/web/20230321084514/https://ib-lenhardt.com/type-approval/haiti
- https://web.archive.org/web/20260216154451/https://conatel.gouv.ht/sites/default/files/CIRCULAIRE%20HOMOLOGATION.jpg
- https://web.archive.org/web/20220120095001/http://www.itu.int/en/ITU-D/Regional-Presence/Americas/Documents/EVENTS/2014/1202-TT-C-I/S6-1b_Derniere%20Presentation%20Trinidad%20%20Haiti.pdf
- https://web.archive.org/web/20260216154724/https://icertifi.com/countries/haiti-wireless-certification/
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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
HAITI
N/A
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 market
It is reported that Natcom S.A. has been the largest telecom provider in Haiti since 2010, with a 30% market share. Natcom is a joint venture between the Haitian government and the Vietnamese company Viettel. The latter owns 60% of the enterprise, while the Haitian government owns the remaining 40%.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260209163558/https://www.state.gov/reports/2025-investment-climate-statements/haiti/
- https://web.archive.org/web/20241211182248/https://natcom.com.ht/news/1521721518797
- https://web.archive.org/web/20230929235138/http://viettelglobal.vn/globals/haiti-1.html
- https://web.archive.org/web/20221118144023/https://www.wto.org/english/tratop_e/tpr_e/s327_e.pdf
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HAITI
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Haiti does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
HAITI
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Haiti has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
HAITI
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
Haiti has a telecommunications authority: the Conseil National des Télécommunications. However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector
