Level of Government: Central
Measures: Decree No. 900, Organic Law of the of Business Administrators of Honduras, Articles 61-E and 61-F (Decreto No. 900, Ley Orgánica del Colegio de Administradores de Empresas de Honduras, Artículos 61-E y 61-F)
Regulation of the Organic Law of the College of Business Administrators of Honduras, Articles 96, 111, 113 and 114 (Reglamento de Ley Orgánica del colegio de Administradores de Empresas de Honduras, Artículos 96, 111, 113 y 114)
Description: Cross-Border Trade in Services
Foreign nationals may enter into contracts to provide business administration consulting services after confirmation of the contract by the College of Business Administrators of Honduras (Colegio de Administradores de Empresas de Honduras).
Companies established under foreign law may enter into contracts to provide business administration consulting services after confirmation of the contract by the College of Business Administrators of Honduras (Colegio de Administradores de Empresas de Honduras) if such services are not otherwise available in Honduras or because of contractual needs. In order to provide such services, said companies must form a partnership with Honduran firms that are duly registered with the College of Business Administrators of Honduras (Colegio de Administradores de Empresas de Honduras).
Foreign nationals and companies established under foreign law must pay registration fees that are higher than those charged to Honduran nationals and companies established under Honduran law.
Sector: Economic Consulting Services
Type of Reservation: Local Presence (Article 11.5)
Level of Government: Central
Measures: Decree No. 1002, Organic Law of the Honduran College of Economists, Article 58 (Decreto No. 1002, Ley Orgánica del Colegio Hondureño de Economistas, Artículo 58)
Description: Cross-Border Trade in Services
In order to provide economic consulting services in the territory of Honduras, foreign economic consulting enterprises must be represented by a member of the Honduran College of Economists (Colegio Hondureño de Economistas).
Sector: Agricultural Engineering and Agronomy
Type of Reservation: National Treatment (Article 11.3)
Most Favoured Nation Treatment (Article 11.4)
Level of Government: Central
Measures: Decree No. 148-95, Organic Law of the College of Agricultural Sciences Professional Honduras, Article 5 (Decreto No. 148-95, Ley Orgánica del Colegio de Profesionales en Ciencias Agrícolas de Honduras, Artículo 5)
Regulation of the Organic Law of the College of Agricultural Sciences Professional Honduras, Article 9 and the COLPROCAH Pay Table (Reglamento de la Ley Orgánica del Colegio de Profesionales en Ciencias Agrícolas de Honduras, Artículo 9 y Tabla de Pagos al COLPROCAH)
Description: Cross-Border Trade in Services
Foreign agricultural engineers and agronomists may be subject to higher professional association registration fees than those charged to Honduran agricultural engineers and agronomists.
Sector: Forestry Engineering
Type of Reservation: National Treatment (Article 11.3)
Local Presence (Article 11.5)
Level of Government: Central
Measures: Organic Law of the Association of Forestry Engineers of Honduras, Article 66 (Ley Orgánica del Colegio de Ingenieros Forestales de Honduras, Artículo 66)
Description: Cross-Border Trade in Services
Forestry engineering consulting companies established under foreign law must hire a significant number of Honduran nationals who are members of the Association of Forestry Engineers of Honduras (Colegio de Ingenieros Forestales de Honduras), in proportion to the size of the project.
Sector: Veterinarians
Type of Reservation: National Treatment (Article 11.3)
Most Favoured Nation Treatment (Article 11.4)
Local Presence (Article 11.5)
Level of Government: Central
Measures: Organic Law of the College of Veterinarians of Honduras, Article 12 (Ley Orgánica del Colegio de Veterinarios de Honduras, Artículo 12)
Regulation of the Organic Law of the College of Veterinarians of Honduras, Article 5 (Reglamento de la Ley Orgánica del Colegio de Médicos Veterinarios de Honduras, Artículo 5)
Description: Cross-Border Trade in Services
Foreign companies wishing to provide veterinary services in Honduras must be established under Honduran law. Foreign veterinarians may be subject to higher professional registration fees than those charged to Central American veterinarians.
Sector: Microbiologists and Clinicians
Type of Reservation: National Treatment (Article 11.3)
Level of Government: Central
Measures: Admission Regulations of the College of Microbiologists and Chemists, Articles 5, 6 and 8 (Reglamento de Inscripción del Colegio de Microbiólogos y Químicos Clínicos. Artículos 5, 6 y 8)
Description: Cross-Border Trade in Services
Foreign microbiologists and clinicians must pay a higher registration fee than Honduran microbiologists and clinicians.
Sector: Notaries
Type of Reservation: National Treatment (Article 11.3)
Level of Government: Central
Measures: Decree No. 353-2005 January 17, 2007, The Notaries Code, Article 7 (Decreto No. 353-2005, 17 de enero de 2007, Código del Notariado, Artículo 7)
Description: Cross-Border Trade in Services
Notaries must be Honduran by birth and obtain the notarial exequatur.
Sector: Electrical Energy Services
Type of Reservation: Market Access (Article 11.6)
Level of Government: Central
Measures: Decree No. 158-94, Framework Law of the Electricity Sub Sector, Article 23 (Decreto No. 158-94, Ley Marco del Sub-Sector Eléctrico, Artículo 23)
Description: Cross-Border Trade in Services
In order to be established in Honduras and supply electrical energy distribution services, a company must be incorporated with registered stock.
Sector: Telecommunications
Type of Reservation: Market Access (Article 11.6)
Level of Government: Central
Measures: Decree No. 44-2008 of 19 June 2008, Concession Agreement for the Provision of Personal Communications Services (PCS) in the Republic of Honduras (Decreto No. 44-2008 del 19 de junio de 2008, Contrato de Concesión para la Prestación del Servicio de Comunicaciones Personales (PCS) en la República de Honduras)
Description: Cross-Border Trade in Services
The National Telecommunications Commission (Comisión Nacional de Telecomunicaciones [CONATEL]) cannot authorize additional mobile telephony operators until December 2009. CONATEL will authorize at least one additional operator after that date.
Sector: Public Accountants
Type of Reservation: Local Presence (Article 11.5)
Level of Government: Central
Measures: Decree No. 19-93, Organic Law of the College of University Professionals in Public Accounting, Article 23 (Decreto No. 19-93, Ley Orgánica del Colegio de Profesionales Universitarios en Contaduría Pública, Artículo 23)
Description: Cross-Border Trade in Services
Anyone wishing to provide public accountancy services in Honduras must be established under Honduran law.
Sector: Architects
Type of Reservation: Local Presence (Article 11.5)
Level of Government: Central
Measures: Regulations of the College of Architects of Honduras, Article 7 (c) and (d) (Reglamento Interno del Colegio de Arquitectos de Honduras, Artículo 7(c) y (d))
Description: Cross-Border Trade in Services
Companies established under foreign law must designate a member of the College of Architects of Honduras [CAH] (Colegio de Arquitectos de Honduras [CAH]) as their representative before registering with the CAH to provide architectural services in Honduras. For greater certainty, companies established under foreign law may register only for specific projects.
Sector: Professional Services – Nurses
Type of Reservation: National Treatment (Article 11.3)
Market Access (Article 11.6)
Level of Government: Central
Measures: Decree No. 90-99, Law for Professional Nursing Staff, July 21, 1999, Article 12 (Decreto No. 90-99, Ley del Estatuto del Personal Profesional de Enfermería de Honduras, del 21 de Julio de 1999, Artículo 12)
Description: Cross-Border Trade in Services
No more than 5% of the personnel hired by the employer may be foreign.
Sector: Professional Services – Physicians
Type of Reservation: National Treatment (Article 11.3)
Market Access (Article 11.6)
Level of Government: Central
Measures: Decree No. 167-95 Law for Staffing of Physicians dated October 9, 1985, Article 10 (Decreto No. 167-95, Ley del Estatuto del Médico Empleado de fecha 9 de octubre de 1985, Artículo 10)
Description: Cross-Border Services
Owners and employers must meet the following conditions:
1. At least 90% of the physicians hired or appointed must be Honduran by birth; this percentage will be calculated on the basis of the total number of physicians to be hired, appointed or contracted.
2. The Honduran physicians by birth must be paid at least 85% of all the salaries earned by the medical staff of the company, establishment or institution concerned.
Sector:Professional Services – Medical and Dental
Type of Reservation: National Treatment (Article 11.3)
Market Access (Article 11.6)
Level of Government: Central
Measures: Decree No. 203-1993 of November 4, 1993, Occupational Law for Dental Surgeons, Chapter VI Section II, Article 7 (Decreto No. 203-1993 del 4 de noviembre de 1993, Ley del Estatuto Laboral del Cirujano Dentista, Capítulo VI Sección II, Artículo 7)
Description: Cross-Border Trade in Services
At least 80% of the dental surgeons hired or appointed on the dental staff must be Honduran, unless there is no professional with that specialization in Honduras.
Sector:All the sectors
Type of Reservation: National Treatment (Article 10.4)
Senior Management and Boards of Directors (Article 10.8)
Level of Government: Central
Measures: As set out in the Description element
Description: Investment
Honduras, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of Canada. With respect to such a sale or other disposition, Honduras may adopt or maintain any measure relating to the nationality of senior management or members of the board of directors.
For purposes of this reservation:
(a) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and
(b) "state enterprise" means an enterprise owned or controlled through ownership interests by Honduras and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Annex II. Schedule of Canada
Reservations for Future Measures
1. The Schedule of a Party sets out, under Article 10.9 (Investment – Reservations and Exceptions) and 11.7 (Cross-Border Trade in Services – Reservations), the reservations taken by that Party for specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 10.4 (Investment – National Treatment) or 11.3 (Cross-Border Trade in Services – National Treatment);
(b) Article 10.5 (Investment – Most-Favoured-Nation Treatment) or 11.4 (Cross-Border Trade in Services – Most-Favoured-Nation Treatment);
(c) Article 11.5 (Cross-Border Trade in Services – Local Presence);
(d)Article 10.7 (Investment – Performance Requirements);
(e) Article 10.8 (Investment – Senior Management and Boards of Directors); or
(f) Article 11.6 (Cross-Border Trade in Services – Market Access).
2.Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;
(d)Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;
(e) Description sets out the scope of the sector, sub-sector or activities covered by the reservation;
(f) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
3.In the interpretation of a reservation, all elements of the reservation, with the exception of Industry Classification, shall be considered. The Description element shall prevail over all other elements.
4.For purposes of this Annex:
CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and
SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.
5.For the purposes of this Annex, the use of the term “any measure” by Honduras and “a measure” by Canada means one or more measures.
Sector: Aboriginal Affairs
Sub-sector:
Industry Classification:
Type of Reservation: National Treatment (Articles 10.4 and 11.3)
Most-Favoured-Nation Treatment (Articles 10.5 and 11.4)
Local Presence (Article 11.5)
Performance Requirements (Article 10.7)
Senior Management and Boards of Directors (Article 10.8)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure denying investors of Honduras and their investments, or service providers of Honduras, a right or preference provided to aboriginal peoples.
Existing Measures: Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11
Sector: All sectors
Sub-sector:
Industry Classification:
Type of Reservation: National Treatment (Article 10.4)
Description: Investment
Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by investors of Honduras or their investments.
Existing Measures:
Sector: Communications
Sub-sector: Telecommunications Transport Networks and Services Radiocommunications
Industry Classification: CPC 752 Telecommunication Services
Type of Reservation: National Treatment (Article 10.4)
Senior Management and Boards of Directors (Article 10.8)