Trade and Commercial Law Assessment - Honduras - Economic ...

More documents

Recommendations

Info

TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS ♦ officers stationed at these locations, and zone and warehouse now fully reimburse Customs for their services. However, most of these personnel are not fully utilized. All users of the zones and the warehouse operators have automated inventory control systems that are audited frequently by the public agencies assigned oversight responsibilities. Once the warehouses and zones are directly linked to the Customs operational system, which is anticipated by the end of the year, onsite Customs supervision should be eliminated and Customs should adopt a post audit approach to oversight. This is particularly pertinent to zone operations that have little or no revenue impact. The operator should have the appropriate guarantees on file and be designated as responsible for controlling movements into and out of the facility. Once the operator’s inventory control systems are certified as able to competently perform this function, Customs should be withdrawn from the site. Adoption of this approach would produce significant cost savings. In addition, the certification of inventory control procedures and the resulting post audit approach would improve Customs control over the operations. Facilitate the movement of products requiring SPS or food safety regulation and harmonize procedures within the region. All CAFTA countries should make OIRSA SEPA services the standard throughout Central America. The most modern procedures, the best equipped and staffed laboratories, and the highest quality of inspection services are in those countries, Honduras and Guatemala, where such services are provided. Moreover, regional personnel are less subject to corruption and collusion with the local trade community. Reliance on OIRSA has improved the national Agricultural Ministry’ s access to collected user fees for modernization of its operations and would eliminate the need for each country to station its inspectors at posts throughout the region where its cargo arrives, as contemplated by the Customs Union. OIRSA personnel, representing a regional body, could perform inspections for all regional goods in accordance with each country’s requirements even if not standardized. CAFTA countries should establish a regional coordination and information center where all exporters and public SPS agencies could obtain information about U.S. import requirements and what technical assistance is necessary to help public agencies meet these standards. It has been suggested that OIRSA assume responsibility for this center. The center would have to have a contact in the United States who could achieve a speedy resolution to issues that it could not respond to competently. A Web site could be established by the regional entity to disseminate information regionally about U.S. SPS requirements as updated criteria are received. This would be supplemented by seminars held throughout Central America by representatives by agencies such as USDA, AHPHIS, FSIS, FDA, and EPA, as well as U.S. import groups such as the grocers associations. SPS and food safety procedures must be simplified to reduce the cost and time of compliance while maintaining sufficient controls to safeguard public health. Under current procedures, private sector sources project that a minimum of 6 percent to 8 percent of a product’s cost is attributable to compliance; this percentage must be reduced. The simplification process should include all agencies involved in regulation of the industry, as well as the private sector. Much progress has been made in this sector with respect to Central American products, and this same process must now be extended to XI-33
TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS ♦ ♦ ♦ ♦ international goods. At a minimum, the process must decrease or eliminate authentication of SPS documents by notaries, establish a simplified process for low-risk goods, and decentralize the registration and import permit process. Participate in the Container Security Initiative at the Puerto Cortes. Once scanning equipment is operational, the presence of a U.S. Customs officer, who would review outbound manifests to the United States before export and cooperate with local Customs officials to examine any suspicious shipments before loading, would expedite release of shipments on arrival in the United States and serve as a major selling point in the port’s marketing strategy. Regional support for this initiative should be secured from at least Honduras and El Salvador, significant users of the port. Eliminate Customs requirements that increase the time and cost of delivery of goods to a bonded warehouse. Customs should implement procedures that require filing only a transfer document at point of arrival, under which the cargo could proceed directly to a warehouse. In addition, the informal policy requiring 30 percent of all goods arriving at Puerto Cortez to be cleared there negatively impacts the business opportunities of the bonded warehouse operator, as does the Customs requirement that all Panamanian goods be cleared at point of arrival. Both of these procedures should be reviewed to identify alternative measures to control the widespread undervaluation of Panamanian goods. The current policies inhibit the importers’ right to designate clearance location and on the margin, have a negative impact on trade.. Identify an organization to serve as the national authority for quality control standards. This body would assume the role of identifying and codifying industry international standards and would help producers or sectors implement and perform certification of company processes and laboratories. The organization’s role would be similar to that of Consejo Nacional de Ciencia y Tecnología (CONACYT), the National Council for Science and Technology, in El Salvador. Such an organization is needed because Honduran light industry, such as leather manufacturing, shoe production, and agro-business, must upgrade its quality to compete internationally. Upgrade enforcement efforts related to IPR. Upgraded enforcement should include cooperation of the business community in identification of IPR infringements, for example, working through the International Anti-Counterfeiting Coalition to train personnel involved in registration, detection, and prosecution of IPR-related violations. No Central American country has a modern automated system for registration and tracking with communication links to its enforcement entities. A model for this should be developed as a regional project and then implemented in all countries of the region. Advice could be drawn from international organizations, such as the World Intellectual Property Organization (WIPO), as to design and funding. The WIPO might have recommendations concerning current operational systems within small, developing countries that could serve as a model. XI-34
Page 1 and 2:
TRADE AND COMMERCIAL LAW ASSESSMENT
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64: TRADE AND COMMERCIAL LAW ASSESSMENT
Page 113: TRADE AND COMMERCIAL LAW ASSESSMENT
Page 161 and 162: T H RADE AND COMMERCIAL LAW ASSESSM
Page 165 and 166:
Page 167 and 168:
show all

Trade and Commercial Law Assessment - Honduras - Economic ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?