Level of government: Central
Measurements: Article 41 of the Postal Code of the Republic of Guatemala, Decree No. 650 of the Constitutional President of the Republic of Guatemala. Article. 1of the Regulations for the Public Service of Transportation and Delivery of Postal Correspondence Rendered by Privateâ Individuals, Governmental Agreement No. 289-89 of the President of the Republic.
Description: Cross-Border Trade in Services
No company, corporation or individual may perform the postal service with respect to epistolary correspondence, except by express concession of the Executive, under the conditions determined by the same.
The Ministry of Communications, Infrastructure and Housing, subject to the requirements set forth in the Postal Code and those established in the Regulations, may grant concessions to individuals for the provision of the service. transport and delivery of postal correspondence.
Annex I. Non Conforming Measures. List of Honduras
1. Sector: All sectors
Subsector: All subsectors
Industrial Classification
Obligations Affected: National Treatment (Article 11.4)
Level of government: Central
Measures: Decree No. 131, Constitution of the Republic, Title Ill, Chapter Il, Article 107. Decree No 90-1990, Law for the Acquisition of Urban Property in the Areas delimited by Article 107 of the Constitution of the Republic, Articles 1 and 4. Decree No. 968, Law for the Declaration, Planning and Development of Tourism Zones, Title V, Chapter V, Article 16.
Description: Investment
State lands, common land, and private land within 40 kilometers of the borders and coastlines, and such lands in the islands, callos, reefs, breakwaters, rocks, sirtes and sandbanks in Honduras, may be acquired, possessed, or held only under any title by nationals of Honduras by birth, by companies constituted entirely by nationals of Honduras, and by institutions of the State.
Notwithstanding the preceding paragraph, any person may acquire, own, hold, or lease for up to 40 years (which may be renewed) urban land in such areas, provided that it is certified and approved for tourism, economic or social development purposes, or for the public interest by the Secretary of State in the Office of Tourism.
Any person acquiring, owning, or holding such urban land holdings may transfer such land only upon authorization of the Secretary of State in the Office of Tourism.
2. Sector: All sectors
Subsector: All subsectors
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4) Market Access (Article 12.6)
Level of government: Central
Measures: Decree No. 131, Constitution of the Republic, Title III, Chapter Il, Article 137. Decree No 189-59, Article 11 Labor Code of Honduras.
Description: Investment and Cross-Border Trade in Services
A maximum quota of 10 percent is established for the number of foreign workers in a company, who may not receive more than 15 percent of the total wages paid. Both proportions may be modified when so required for evident reasons of protection and promotion of the national economy or lack of Honduran technicians in a certain activity, or for the defense of national workers who demonstrate their capacity. In all these circumstances, the Executive Power, by means of a reasoned agreement issued through the Ministry of Labor and Social Security, may decrease both proportions by up to 10 percent each and for a period of 5 years for each company, or increase them until the participation of foreign workers is eliminated.
The above percentages are not applicable to managers, directors, administrators, superintendents and general managers of the companies, provided that the total of these do not exceed 2 in each one of them.
In order to obtain the respective work permit, foreigners must reside in Honduras.
3. Sector: All sectors
Subsector: All subsectors
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4) Most-Favored-Nation Treatment (Article 11.5)
Level of government: Central
Measures: Decree No. 131 : Constitution of the Republic of Honduras, Title VI, Chapter I, Article 337. Agreement No. 345-92, Regulation of the Investment Law, Chapters | and VI, Articles 3 and 49. Investment Law, Chapters I and VI, Articles 3 and 49.
Description: Investment
Small-scale industry and commerce is reserved for Honduran individuals.
Foreign investors may not engage in small-scale industry and commerce, unless they are naturalized citizens and their country of origin grants reciprocity.
"Small scale industry and commerce" is defined as a company with capital of less than 150,000.00 Lempiras, excluding land, buildings, and vehicles.
4. Sector: All sectors
Subsector: All subsectors
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4) Most-Favored-Nation Treatment (Article 11.5)
Level of government: Central
Measures: Decree No. 65-87, dated May 20, 1987, Law of Cooperatives of Honduras, Title Il, Chapter I, Articles 18 and 19. Agreement No 191-88 dated May 30, 1988, Regulations of the Honduran Cooperative Law, Article 34 (c) and (d). Investment
Description: Foreign cooperatives may establish themselves in Honduras with the prior authorization of the Honduran Institute of Cooperatives of Honduras, such authorization will be granted as long as it exists:
(a) reciprocity in the country of origin; and
(b) the foreign cooperative has at least one permanent legal representative in Honduras.
5. Sector: Customs Agents and Agencies
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4)
Level of government: Central
Measures: Decree No 212-87, Customs Law, Title IX, Chapter I, First and Third Section, Articles 177 and 182.
Description: Cross-Border Trade in Services
Licensed customs agents must be Honduran nationals by birth.
Employees of the customs broker, who carry out formalities on behalf of the customs broker, must also be Honduran nationals by birth.
6. Sector: Agricultural
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4)
Level of government: Central
Measures: Agreement No. 2124-92, Regulation of Land Adjudication in the Agrarian Reform, Articles 1 and 2.
Description: Investment
The beneficiaries of the agrarian reform must be Honduran nationals by birth, individually or organized in peasant cooperatives or other peasant enterprises.
7. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: Local Presence (Article 12.5)
Level of government: Central
Measures: Decree No. 255-2002, Administrative Simplification Law, Article 8 Amendments to the Commercial Code, Articles 308 and 309.
Description: Cross-Border Trade in Services
In order for a company incorporated under foreign laws to engage in the practice of commerce in Honduras, it must:
(a) constitute its own patrimony for the commercial activity to be developed in Honduras; and
(b) to have permanently in Honduras at least one representative with broad powers to perform all legal acts and business to be entered into and take effect in the national territory.
For greater certainty: companies that do not have their legal domicile in Honduras are considered companies incorporated under foreign laws.
8. Sector: Distribution Services
Subsector: Representatives, distributors and agents of foreign national companies
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4)
Level of Government: Central
Measures: Decree No. 549, Articles 2 and 4, amended by Decree No. 804, Law of Representatives, Distributors and Agents of Domestic and Foreign Companies. Agreement No. 669-79, Regulation of the Law of Representatives, Distributors and Agents of Domestic and Foreign Companies, Article 2.
Description: Investment
To be a concessionaire it is required to be Honduran or a Honduran corporation.
In order to engage in representation, agency or distribution, natural persons must be incorporated as sole traders. A Honduran mercantile company shall be understood as that in whose capital stock a purely Honduran investment predominates, in a proportion of not less than 51 percent.
Concessionaires, regardless of the denomination they adopt, are national natural or juridical persons who, by contract or by the real and effective rendering of the service, represent, distribute or agency the products or services of a grantor or principal, national or foreign, exclusively or not, in all or part of the national territory.
9. Sector: Communications
Subsector: Radio, television and newspapers
Industrial Classification:
Obligations Affected: Senior Management and Boards of Directors (Article 11.8)
Level of government: Central
Measures: Decree No. 131 ; Constitution of the Republic of Honduras, Chapter Il, Article 73, third paragraph. of Honduras, Chapter Il, Article 73, third paragraph. Decree No. 6, Law of Broadcasting of Thought, Chapter IV, Article 30.
Description: Investment
Only Honduran nationals by birth may hold senior management positions in printed newspapers or free-to-air news media (radio and television), including the intellectual, political and administrative guidance thereof. This does not apply to printed newspapers or established news media out of Honduras.
10. Sector: Communications Services
Subsector: Telecommunications
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4)
Level of government: Central
Measures: Decree No. 185-95, Framework Law of the Telecommunications Sector Chapter I, Article No. 26. Agreement No 141-2002 dated December 26, 2002, General Regulations of the Telecommunications Sector Framework Law, Title Ill, Chapter I, Article 93.
Description: Cross-Border Trade in Services
Foreign governments may not participate directly in the provision of public telecommunications services.
11. Sector: Communications
Subsector: Telecommunications
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4) Local Presence (Article 12.5)
Level of government: Central
Measures: Article 38 A Decree No. 185-95, of the Framework Law of the Telecommunications Sector, as Amended by Decree No. 112-2011 Dated June 24, 2011, Published In the Official Gazette La Gaceta of July 22, 2011. Agreement No 141-2002, General Regulations of the Telecommunications Sector Framework Law, as qualified by the element Description.
Description: Cross Border Trade in Services
Authorization from the Regulatory Authority is required for the participation of the concessionaire, the operating partner or any of the concessionaire's shareholders or partners in the capital of companies or consortiums that have been granted other concessions for the same telecommunications services, resulting in a_ total ownership equal to or greater than 10 percent.
In order to apply for the respective enabling titles, foreign companies must indicate domicile in the country and appoint a legal representative also domiciled in the country.
12. Sector: Construction or consulting services and related engineering services - Civil Engineering
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)
Level of government: Central
Measures: Decree No 47-1987, Organic Law of the College of Civil Engineers of Honduras, Article 67. Regulations of the Organic Law of the College of Civil Engineers of Honduras, Articles 100(A)-(D) and 101. Decree No. 753, Organic Law of the College of Architects of Honduras, Articles 37(b), (c), (d), (g), and (h). Regulations of the Organic Law of the College of Architects of Honduras, Articles 4(h), 7(a), (c), (d) and (h), 13, 68 and 69. Decree No. 902, Organic Law of the College of Mechanical, Electrical and Chemical Engineers of Honduras, Article 40(c), (d) and (h).
Description: Investment
Civil Engineering National consulting or construction firms are considered to be those in which at least 70 percent of the total number of of the capital stock is held by Honduran nationals.
Cross-Border Trade in Services
Consulting and construction firms must be organized in accordance with Honduran law in order to be members of the Colegio de Ingenieros Civiles de Honduras (CICH) and to perform civil engineering projects in Honduras.
For greater certainty, consulting and construction companies incorporated under the law of a foreign country may provisionally register with the CICH to perform specific civil engineering projects. Higher registration fees will apply to foreign firms. In addition, foreign personnel must be authorized by the CICH in order to work on such projects.
13. Sector: Distribution Services-Petroleum Products
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4)
Level of government: Central
Measures: Decree No. 549, Law of Representatives, Distributors and Agents of Domestic and Foreign Companies, Chapter I and VI, Articles 4 and 25. Decree No. 804, amends Article 4 of the Law of Representatives, Distributors and Agents of Domestic and Foreign Companies.
Description: Investment
Only Honduran nationals and companies incorporated under Honduran law may be authorized to sell petroleum products. Companies must be at least 51 percent owned by Honduran nationals.
For greater certainty: petroleum products are liquid fuel, automotive oil, diesel, kerosene, and LPG.
14. Sector: Education Services
Subsector: Private preschool, elementary and secondary education services
Industrial Classification:
Obligations Affected: Senior Management and Board of Directors (Article 11.8) Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5)
Level of government: Central
Measures: Decree No. 131, Constitution of the Republic, Title III, Chapter VIII, Articles 34, 166 and 168. Decree No. 79, Organic Law of Education, Articles 64 and 65. Decree No. 136- 97, Teacher's Statute Law, Articles 7 and 8. Executive Agreement No. 0760 -5E-99, General Regulations of the Teachers' Statute, Article 6.
Description: Investment and Cross-Border Trade in Services
The director or supervisor of a school must be a Honduran national by birth.
Teachers at all levels of the educational system must be Honduran nationals by birth. Foreign nationals may, however, teach particular subjects at the middle or high school levels if there are no such Honduran nationals available to teach such subjects. Notwithstanding the preceding sentence, foreign nationals may teach the Constitution, civics, geography, and history, only if there is reciprocity for Honduran nationals in their country of origin.
Private schools at all levels must be incorporated under Honduran law. For greater certainty, there are no restrictions on foreign ownership of such schools.