Obligations Concerned: National Treatment (Article Local Presence (Article 13.6)
Measures: Decree No. 574 of the President of the Republic, Public Entertainment Law, Articles 36, 37 and 49.
Ministerial Agreement No. 592-99 of the Ministry of Culture and Sports, Article 1
Description: Cross-border trade in services
To contract with foreign groups, companies or artists, authorization from the Cultural Entertainment Administration is required.
A company of company, for the presentation of artists 0 groups foreign artists or artistic groups in Guatemala, must present a letter of consent from the union or non-governmental organization of the country. of artists, legally recognized in Guatemala.
In the presentation of mixed shows, consisting of one or more films and a number of variety shows, special inclusion will be given to Guatemalans, if the circumstances of the cast, program and contract allow it.
Sector: Tourism Services - Tourist Guides
Obligations Concerned: National Treatment (Article Local Presence (Article 13.6)
Measures: Agreement No. 219-87 of the Guatemalan Institute of Tourism - Operation of Tourist Guides, Article 6.
Description: Cross Border Trade in Services
Only Guatemalans by birth or foreigners residing in Guatemala may render services as tourist guides in Guatemala.
Sector: Specialized Air Services
Obligations Concerned: National Treatment (Article 13.3)
Measures: Decree No. 93-2000 ofthe Congress of ofthe Republic, Law of Civil Aviation, Article 62
Description: Cross-border trade in services
In the operations of Specialized Air Services of Guatemalan operators, all personnel performing aeronautical functions on board must be Guatemalan by birth; however, the Directorate General of Civil Aeronautics may authorize foreign personnel for a period not to exceed three (3) months, counted from the date of authorization.
The Directorate General of Civil Aeronautics may extend this period if it is determined that there are no trained personnel in Guatemala.
Annex I. Schedule of the Republic of Guatemala
Sector: Specialized Air Service
Obligations Concerned: Most-Favored-Nation Treatment (Article 13.4)
Measures: Decree No. 93-2000 of the Congress of ofthe Republic,
Law of Civil Aviation, Article 24
Description: Cross Border Trade in Services
Persons performing aeronautical functions on board foreign aircraft, must possess for the exercise of the same, certificate, license or the equivalent accepted by the General Directorate of Civil Aeronautics or issued in accordance with the International Agreements to which Guatemala is a party and under reciprocity conditions.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 12.5)
Measures: Decree No. 131, Constitution of the Republic, Title lil, 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, communal, communal or privately owned lands located in the border area of neighboring states, or on the coast of both seas, in an extension of forty (40) kilometers towards the interior of the country and those of the islands, keys, reefs, breakwaters, rocks, sirtes and sandbanks in Honduras, may only be acquired, possessed or held in any title by Hondurans by birth, or by companies integrated in their totality by Honduran partners and by the institutions of the State, under penalty of nullity of the respective act or contract.
Notwithstanding the preceding paragraph, any person may acquire, own, hold, or lease for up to forty (40) years (which may be renewed) urban lands in such areas provided that it is certified and approved for tourism, economic or social development purposes, or for the public interest, qualified and approved by the Secretary of State in the Office of Tourism.
Any person acquiring, owning, or holding urban land holdings may transfer such land only upon authorization of the Secretary of State in the Office of Tourism.
Annex I. Schedule of the Republic of Honduras
Sector: All Sectors
Obligations Concerned: National Treatment (Article 12.5)
Measures: Decree No. 131 Constitution of the Republic of Honduras, Title Vi, Chapter 1, Article 337.
Agreement No. 345-92 Regulation of of theLaw investment Law, Chapters | and VI, Articles 3 and 49
Description: Investment
Small-scale industry and commerce are the heritage of Hondurans.
Foreign investors may not engage in small-scale industry and commerce, except in those cases in which they have acquired a letter of naturalization as Hondurans, and must present documentation evidencing the respective naturalization, provided that there is reciprocity in their country of origin.
"Small scale industry and commerce" is defined as a company with capital of less than one hundred and fifty thousand (150,000.00) Lempiras, excluding land, buildings, and vehicles.
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.5) Most-Favored-Nation Treatment (Article 12.6)
Measures: Decree No. 65-87 Law of Cooperatives of Honduras, Title I, Chapter |, Article 19, dated May 20, 1987.
Agreement No. 191-88 dated May 30, 1988, Regulation of the Law of Cooperatives of Honduras, Article 34 (c) and (d).
Description: Investment
Non-Honduran cooperatives may be established in Honduras with the prior authorization of the Honduran Institute of Cooperatives of Honduras, such authorization will be granted if and when it exists:
(a) reciprocity in the country of origin with respect to the treatment of foreign cooperatives under Honduran law; and
(b) the non-Honduran cooperative has at least one permanent legal representative in Honduras.
Sector: Agricultural
Obligations Concerned: National Treatment (Article 12.5)
Measures: Agreement No. 2124-92, Regulations for Land Adjudication in Agrarian Reform, Article 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.
Sector: Fishing Industry
Obligations Concerned: National Treatment (Article 12.5)
Measures: Decree No. 154 Fisheries Law, Chapter I, Articles 20, 26 and 29.
Description: Investment
When it is for exploitation or profit, only Honduran residents and Honduran juridical persons in which at least fifty-one percent (51%) of the capital belongs to Hondurans may freely fish in waters, territorial seas, rivers and lakes of public use located in Honduras.
Only Hondurans by birth may be skippers or captains of fishing vessels of any species.
Only vessels flying the Honduran flag may engage in fishing activities in territorial waters.
Sector: Communications Services- Telecommunications
Obligations Concerned: National Treatment (Article 13.3)
Measures: Decree No. 185-95 Law Framework of the Telecommunications Sector Chapter I, Article No. 26
Agreement No. 141-2002 General Regulations of the Framework Law of the Telecommunications Sector dated December 26, 2002, Article 93, Title lIl, Chapter I.
Description: Cross-border trade in services
Foreign governments may not participate directly in the provision of public telecommunications services.
Sector: Radio, Television and Newspapers
Obligations Concerned: Senior Executives and Boards of Directors (Article 12.10)
Measures: Decree No. 131 Constitution of the Republic of Honduras, Chapter Il, Article 73, third paragraph.
Decree No. 6 Law on the Broadcasting of Thought, Chapter IV, Article 30
Decree No. 759 Law of the College of Journalists of Honduras, Article 8, amended by Decree No. 79 of January 1, 19817.
Description: Investment
Only Hondurans by birth may hold senior management positions in printed newspapers, or freely transmitted news media (radio and television), including the intellectual, political and administrative orientation thereof. (1)
Sector: Distribution Services- Representatives, distributors and agents of domestic and foreign companies.
Obligations Concerned: National Treatment (Article 12.5)
Measures: Law on Representatives, Distributors and Agents of Domestic and Foreign Companies, Decree No. 549 Chapter I, Article 4, Amended by Decree No. 804.
Description: Investment
To be a concessionaire (2) it is required to be Honduran or a Honduran corporation. A Honduran corporation shall be understood to be one in whose capital stock a purely Honduran investment predominates, in a proportion of no less than fifty-one percent (51%).
Sector: Distribution Services- Petroleum products (liquid fuel, automotive oil, Diesel, Kerosene and LPG).
Obligations Concerned: National Treatment (Article 12.5)
Measures: Decree No. 549 Law on Representatives, Distributors and Agents of Domestic and Foreign Companies, Chapter I and VI, Article 4 and 25.
Decree No. 804 amends Article 4 of the Law on 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 fifty- one percent (51%) owned by Honduran nationals.
Sector: Construction services- Construction or consulting services and related engineering services- Civil engineering.
Obligations Concerned: National Treatment (Articles 12.5 and 13.3)
Measures: Regulations of the Organic Law of the College of Architects of Honduras, Articles 4 (h), 7 (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 and 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 companies. In addition, foreign personnel must be authorized by CICH to work on such projects.
Education- Services services from preschool, primary and secondary education
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (13.4) Local Presence (Article 13.6) Senior Executives and Boards of Directors (Article 12.10)
Measures: Decree No. 131 Constitution of the Republic, Title Ill, Chapter Vill, Articles 34 and 168.
Decree No. 79 Organic Law of Education, Articles 64 and 65
Decree No. 136-97 Ley del Estatuto del Docente, Articles 7 and 8.
Executive Agreement No. 0760-5E-99 General Regulation of the Teachers' Statute, Article 6
Higher Education Law, Decree No. 142-89, Article 32.
Description: Investment and Cross-Border Trade in Services
Management and supervisory positions in educational institutions may only be held by Honduran teachers by birth.
Foreigners may only, within the limits established by law, perform jobs in the teaching of science and the arts and provide technical or advisory services to the State, when there are no Hondurans who can perform such jobs or provide such services.
Foreign teachers may enter the teaching career, provided that in their country of origin there is reciprocity with Honduran teachers. Likewise, they may not teach the Constitution of the Republic, History and National Geography and Civic Education.
Private schools at all levels must be incorporated under Honduran law. For more information certainty, no there are restrictions on the foreign ownership of such schools.
Sector: Entertainment Services- Musical Artists
Obligations Concerned: National Treatment (Article 13.3)
Measures: Decree No. 123 Law for the Protection of Musical, Art. 1 and 2
Description: Cross-border Trade In Services
Notwithstanding the above measure, Honduras agrees that foreign musical artists wishing to present shows in Honduras, either individually or as a group, must pay the Sindicato de Artistas de Honduras five percent (5%) of their fees and the impresario or lessee shall, if possible, hire local musical artists from the country for the same show.
For greater certainty, foreign musical artists must register with the Sindicato de Artistas de Honduras for each performance in Honduras.
Sector: Recreational, Cultural and Sporting Services - Soccer Championships and Games Services.
Obligations Concerned: Local Presence (Article 13.6)
Measures: Player Registration Regulations, Liga Nacional de Futbol Profesional de Primera Division, Articles 9 and 10.
Description: Cross-border trade in services
For the registration of foreign players, a certificate issued by the Ministry of Interior and Justice shall be required, stating that the residency document is being processed.
Each club affiliated to the Soccer League may register a maximum of four (4) foreign players.
Sector: Recreational, Cultural and Sporting Services- Gambling casinos (includes roulette, checkers, cards, point and bank, baccarat, slot machines and other similar games).
Obligations Concerned: National Treatment (Article 13.3) Local Presence (Article 13.6)
Measures: Decree No. 488-1997 Law on Gambling Casinos, Article 3 (a).
Agreement No. 520 Regulation of the Gambling Casinos Law
Description:Cross-border trade in services
Only Hondurans by birth and legal entities constituted in accordance with the laws of the country may apply to the Executive Branch for licenses to operate gambling casinos.
Sector: Services Provided a the Companies- Customs Brokers and Customs Agencies
Obligations Concerned: National Treatment (Article 13.3)
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
To obtain a customs broker's license it is required to be Honduran by birth. The auxiliary employees that the customs broker designates to manage in his name and representation procedures before the customs and revenue administrations must be Honduran by birth.
LIST OF THE REPUBLIC OF HONDURAS
Sector:
Sector: Services Provided to Businesses - Investigation and Security Services