Obligations Concerned: Market Access (Art. 4. 06)
Measures: Decree No 131, Constitution of the Republic, Title V, Chapter X, Article 292
Decree No 80-92, Law of Investments, Chapter VI, Article 16
Description: Cross Border Trade of Services
The distribution at wholesale and retail level of the following articles is reserved exclusively to the Armed Forces of Honduras: - ammunition;- war airplanes;- military rifles;- all kinds of pistols and pevolvers, 41 caliber or larger;- regulation pistols of the Honduran Army;- silencers for all kinds of firearms;- firearms;- accessories and ammunition;- cartridges for firearms;- apparatus and other indispensable accessories for the loading of cartridges;- powder, explosives, percussion caps and fuses;- protective masks against asphyxiating gases;- wind rifles. For greater certainty the use of explosives for commercial purposes may be authorized par the competent authority of Honduras.
Sector: Research and Security Services
Obligations concerned: National Treatment (Article 3.04) Senior corporate management and boards of directors (Article 3.08).
Measures: Decree No. 156-98, Ley Organica de la Policía Nacional, Article 91
Description: Investment
To establish themselves in Honduras, foreign private security companies must associate with Honduran companies engaged in the same activity and designate a Honduran national by birth as a senior executive.
Sector: Fishing Industry
Obligations Concerned: National Treatment (Article 3.04)
Measures: Decree No 154, Fisheries Law, Chapters IV, Articles 20, 26 and 29
Description: Investment
Only Honduran nationals resident in Honduras and companies incorporated under Honduran law, which are at least 51% owned by Honduran nationals, may engage in commercial fishing in waters, seas, rivers and lakes located in Honduras. For greater certainty, only vessels flying the Honduran flag may engage in commercial fishing activities in Honduran territorial waters, and for greater certainty, only Honduran nationals by birth may be captains of commercial fishing vessels.
Sector: Professional Services
Obligations Concerned: Most-Favored-Nation Treatment (Article 4.03) National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Decree No 131, Constitution of the Republic of Honduras, Chapter VIII, Article No 177
Regulations for the Recognition of University Studies and Incorporation of Professionals, Articles 2, 11 and 18
Description: Cross-Border Trade in Services
Notwithstanding existing measures related to the requirements for! Honduras agrees that if a Central American country jurisdiction recognizes a professional degree granted by Honduran educational institutions, then Honduras will recognize the equivalent professional degree granted by an educational institution of the Central American countries. Furthermore, Honduras agrees that if a jurisdiction in the Central American countries permits Honduran nationals to apply for and receive a license or certificate for the provision of a professional service, then Honduras will permit nationals of the Central American countries to apply for and receive an equivalent license or certificate. For greater certainty, the preceding paragraphs do not automatically grant recognition of professional degrees or the right to practice, nor do they eliminate the nationality requirement for certain professionals reserved exclusively for Honduran nationals, as indicated in Annexes I or II. In addition, the corresponding professional association in Honduras shall recognize a license granted by a jurisdiction in the Central American countries, and shall permit the beneficiary of such license to register with that association and practice that profession in Honduras on a temporary basis on the basis of the license granted by a jurisdiction in the Central American countries, in the following cases: a) no academic institution in Honduras offers a course of study that permits professional practice in Honduras; b) the holder of the license is a recognized expert in the professional field; c) permitting the professional to practice in Honduras, will advance through training, demonstration, or other opportunity the development of that profession in Honduras.
Sector: Air Transport
Obligations affected: National Treatment (Article 3.04) Senior corporate management and boards of directors (Article 3.08).
Measures: Decree No 146, Ley de Aeronautica Civil, Chapter X, Second, Third and Fourth Sections, Article 80.
Description: Investment
Only Honduran nationals and companies incorporated under Honduran law may provide domestic and international commercial air transport services by means of an aircraft under the Honduran flag. Such companies must be controlled and owned at least 51 percent by Honduran nationals.
Sector: Air Transport
Obligations Concerned: Most-Favored-Nation Treatment (4.03) National Treatment (Article 4.04) Local Presence (4. 05)
Measures: Decree No. 146, Civil Aeronautics Law, Chapter X, Second, Third and Fourth Sections, Articles 37, 125 and 126
Description: Cross-Border Trade in Services
Private specialized air transportation services for remuneration may only be provided by Honduran nationals or companies incorporated under Honduran law and must be authorized by the Secretariat of Public Works, Transportation and Housing. In the absence of Honduran personnel to perform such activities, foreign pilots or other technical personnel may be allowed to perform such activities, giving preference to qualified personnel from any Central American country.
Sector: Maritime Transportation - Coastwise Navigation
Obligations affected: National Treatment (Article 3.04 and 4.04) Most Favored Nation Treatment (Article 3.05 and 4.03) Local Presence (Article 4.05)
Measures: Decree No. 167-94, Ley Organica de la Marina Mercante Nacional, dated January 2, 1995, Title II, Ill, Chapter VII, Article 40
Agreement No. 000764, Reglamento de Transporte Marítimo dated December 13, 1997, Article 6
Description: Investment and Cross Border Trade of Services
Cabotage navigation for mercantile purposes is reserved to Honduran merchant vessels. Exceptionally, when there are no Honduran merchant vessels or they are not available and for the time that such circumstance lasts, the Directorate General of the Merchant Marine may authorize foreign merchant vessels to provide cabotage services in Honduras. In such circumstances preference will be given to vessels flying the flag of Central American countries. Honduran merchant vessels must be constituted in accordance with the laws of Honduras, and at least 51 percent of its subscribed and paid-up capital stock must be owned by Honduran nationals and the company must be domiciled in Honduras.
Sector: Land Transportation
Obligations concerned: National Treatment (Articles 3.04 and 4.04) Most Favored Nation Treatment (Article 4.03) Local Presence (Article 4.05) Market Access (Article 4.06)
Measures: Decree No 319- 1976, Land Transportation Law, Articles 3, 5,17, 18, 27 and 28 Agreement No 200, Regulations of the Land Transportation Law, Articles 1, 7,32, 33 and 34.
Description: Investment and Cross-Border Trade in Services
Domestic public land passenger transportation services and cargo transportation services may be provided only by Honduran nationals and companies incorporated under Honduran law in which at least 51 percent of the capital is held by Honduran nationals It is necessary to obtain a certificate of operation from the General Directorate of Transportation of the Secretariat of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI), which is subject to an economic necessity test. International public land passenger transportation services and cargo transportation services may be provided by foreign nationals and by companies incorporated under the laws of a foreign country on the basis of reciprocity, but authorization for particular routes shall be granted in preference to Honduran nationals and to companies incorporated under Honduran law.
Sector: Transportation-rail
Obligations concerned: National treatment (Article 3.04) Senior corporate management and boards of directors (Article 3.08).
Measures: Decree No. 48, Ley Constitutiva del Ferrocarril Nacional de Honduras, Chapters I and VI11, Article 32 and Article 12 (amended by Decree No. 54)
Description: Investment
The Ferrocarril Nacional de Honduras may sell its subsidiaries to private entrepreneurs of Honduran nationality and to companies incorporated under Honduran law.To be a senior manager of the Ferrocarril Nacional de Honduras, it is required to be a Honduran national by birth.
Sector: Other Commercial Services - Almacenes Generales de Dep6sito (General Warehousing)
Obligations Concerned: Market Access (Article 4.06)
Measures: Agreement No. 1055, Regulation of General Warehouses, Article 3
Description: Cross-Border Trade in Services
Only companies incorporated under the laws of Honduras with fixed capital and with the sole purpose of supplying warehousing services are authorized to supply such services.
Sector: Business Management Consulting Services
Obligations concerned: Most-Favored-Nation Treatment (4.03) National Treatment (Article 4.04) Market Access (Article 4. 06)
Measures: Decree No 900, Ley Organica del Colegio de Administradores de Empresas de Honduras, Articles 61- E and 61-F
Reglamento de Ley Organica del Colegio de Administradores de Empresas de Honduras, Articles 96, 111, 113 and 114
Description: Cross Border Trade of Services
Foreign nationals may enter into contracts to provide consulting services in business administration after they have obtained the authorization of the contract from the Colegio de Administradores de Empresas de Honduras. Companies incorporated under foreign law may enter into contracts to provide business management consulting services after they have obtained contract authorization from the Colegio de Administradores de Empresas de Honduras, if such services are not otherwise available in Honduras or due to contractual needs. To provide such services, such companies must form a partnership with Honduran companies that are duly registered with the Colegio de Administradores de Empresas de Honduras. Foreign nationals and companies incorporated under foreign law must pay registration fees higher than those imposed on Honduran nationals and companies incorporated under Honduran law.
Sector: Economic Consulting Services
Obligations concerned: Local Presence (Artfculo 4.05)
Measures: Decree No 1002, Ley Organica de/ Colegio Hondureño de Economistas, Artículo 58.
Description: Cross-Border Trade in Services
To provide economic consulting services in the territory of Honduras, foreign economic consulting firms must be represented by a member of/ Colegio Hondurefio de Economistas.
Sector: Agricultural Engineering and Agronomy
Obligations conerned: Most-Favored Nation Treatment (Article 4.03) National Treatment ( Article 4.04)
Measures: Decree No 148-95, Organic Law of the College of Professionals in Agricultural Sciences of Honduras, Article 5
Regulations of the Organic Law of the College of Professionals in Agricultural Sciences of Honduras, Article 9 and Schedule of Payments to COLPROCAH.
Description: Cross-Border Trade in Services
Foreign agronomists and agricultural engineers will be subject to higher registration fees in the professional association than those imposed on Honduran agronomists and agricultural engineers.
Sector: Forestry engineers
Obligations concerned: National treatment (Article 4.04) Local presence (Article 4.05)
Measures: Ley Organica del Colegio de lngenieros forestales de Honduras, Article 66.
Description: Cross Border Trade in Services
Forest engineering consulting firms incorporated under foreign law must hire Honduran nationals who are members of the Colegio de Ingenieros Forestales de Honduras in a proportion significant to the size of the project.
Sector: Veterinarians
Obligations concerned: Most-Favored Nation Treatment (4.03) National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Ley Organica del Colegio de Veterinarios de Honduras, Article 12
Reglamento de la Ley Organica del Colegio del Colegio de Medicos Veterinarios de Honduras, Article 5
Description: Cross-Border Trade in Services
Foreign companies wishing to provide veterinary services in Honduras must be incorporated under Honduran law. Foreign veterinarians may be subject to higher professional registration fees than those payable by Central American veterinarians.
Sector: Microbiologists and Cloners
Obligations Concerned: National Treatment (Article 4.04)
Measures: : Regulations for Registration of the College of Microbiologists and Cloners. Articles 5, 6 and 8
Description: Cross Border Trade in Services
Foreign microbiologists and clinicians must pay a higher fee in the registry than Honduran microbiologists and clinicians.
Sector: Notaries
Obligations Concerned: National Treatment (Article 4.04)
Measures: Decree No 277- 2002, Law of Notaries of August 16, 2002, Article 4.
Description: Cross Border Trade in Services
Notaries must be Honduran nationals.
Sector: Electric energy services
Obligations Concerned: Market access (Article 4.06)
Measures: Decree No 158- 94, Ley Marco del Sub-sector electrico, Article 23
Description: Cross-Border Trade in Services
In order to establish itself in Honduras and to be able to provide electric energy distribution services, a company must be incorporated as a commercial company with nominal shares.
Sector: Telecommunications
Obligations Concerned: Market access (Article 4.06)
Measures: Decree No 80-2003, Article 1 (3.5) Executive Decree No PCM-018-2003, dated October 2, 2003, Article 1, numeral IV(a), Decree No 109-2003 dated October 24, 2003, Article 1, numeral IV(a)
Description: Cross-border trade in services
The National Telecommunications Commission (CONATEL) may not authorize additional operators for mobile telephony until December 2005. CONATEL will authorize at least one additional operator after that date.
Sector: Public Accountants
Obligations concerned: Local Presence (Article 4.05)
Measures: Decree No 19-93, Ley Organica del Colegio de Profesionales Universitarios en Contaduría Publica, Article 23
Description: Cross-Border Trade in Services
Any person wishing to establish in Honduras and provide public accounting services must be incorporated under the laws of Honduras.
Sector: Architects
Obligations affected: Local presence (Article 4.05).
Measures: Internal Regulations of the College of Architects of Honduras, Article 7(c)and(d).
Description: Cross-Border Trade in Services
Firms organized under foreign law must designate a member of the Colegio de Arquitectos de Honduras (CAH) as their representative prior to registering with the CAH to provide architectural services in Honduras. For greater certainty, firms organized under foreign law may register only for specific projects.
Annex I. Schedule of Nicaragua
Sector: Musicians and Artists
Obligations Concerned: Most-favored-nation treatment (4.03) National treatment (Article 4.04)
Measures: Law for the Promotion of National Artistic Expressions and the Protection of Nicaraguan Artists.
Law No. 215, published in La Gaceta No. 134 of July 17, 1996. Articles 14, 23, 24, 24, 25 and 31
Description: Cross Border Trade of Services
Any foreign artist or musical group, may only present shows in Nicaragua by means of previous contract.Foreign artists who perform shows or revues of commercial character, shall include in their program, the participation of a Nicaraguan artist or group of similar performance. If the artist or artistic groups do not wish to include the participation of the national artist in their program, they must pay 1% of the net income of the show to the Nicaraguan Institute of Culture, unless the country of origin of the foreign artists or groups does not impose a similar tax to Nicaraguan artists or artistic groups. Foreigners who are awarded the design and construction of public, pictorial or sculptural monuments to be erected in Nicaragua, must do so in association with Nicaraguan artists.
Sector: Tourism - Hotels, Restaurants, Tourist Guides, Rent-a-Car and other activities related to tourism.
Obligations Concerned: National treatment (Article 4.04) Local presence (Article 4.05)
Measures: Law of incentives to the tourist industry of the Republic of Nicaragua, Law No. 306, published in La Gaceta No. 117, of June 21, 1999, Articles 16.1 and 16.2
Regulation of Tourism Companies and Activities of Nicaragua, published in La Gaceta No. 99 of May 28, 2001, Articles 16 and 17
Reglamento de las Operadores de Viajes de Nicaragua, published in La Gaceta No. 100 of May 29, 2001. Article 8
Regulation that regulates the activity of the Rent a Car companies, published in La Gaceta No. 108 of June 8, 2001. Article 9
Regulation of Tourist Guides, published in La Gaceta No. 40 of February 26, 2001. Article 9
Regulation of Travel Agencies of Nicaragua, published in La Gaceta No. 96 of May 21, 2001. Article 5
Description: Cross Border Trade of Services
To provide tourist services in Nicaragua, a company must be organized under the laws of Nicaragua; and a foreign national must reside in Nicaragua or appoint a legal representative in Nicaragua. This paragraph does not apply to the provision of tourist services during a cruise. Tourist guides must be of Nicaraguan nationality.
Sector: Construction-related services