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

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TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004<br />

HONDURAS<br />

XIV. FLOW OF MONEY<br />

A. INTRODUCTION<br />

A significant amount of monetary exchange is involved in cross-border goods <strong>and</strong> services<br />

transactions—more than $6 billion in goods <strong>and</strong> services in 2003. Of this amount, exported<br />

goo<br />

services accounted for $1.09 billion; <strong>and</strong> imported services, for $687 million. Free zones<br />

acc<br />

are a va ent) of the services<br />

xports. Remittances also represent a major trade-related financial flow. In 2003 an estimated<br />

600 million to $800 million poured into <strong>Honduras</strong> through the remittances of <strong>Honduras</strong> workers<br />

<strong>and</strong> families abroad. 175<br />

ds accounted for $1.37 billion, while imported goods accounted for $2.80 billion. Exported<br />

ounted for $560 million (51 percent) of the services exports, which are included because they<br />

lue-added category. Tourism constitutes another $291 million (27 perc<br />

e<br />

$<br />

Overall, Honduran laws, public institutions, <strong>and</strong> private institutions support these trade-related<br />

money flows. Basic trade finance products are available to all traders. Foreign currency is widely<br />

available <strong>and</strong> easily exchanged for all traders. However, anything but the shortest term credit can<br />

be very difficult to obtain because of high-risk premiums that reflect serious structural issues,<br />

such as the recovery from the recent bank crisis, little real competition in the financial services<br />

market, a poor judicial system, <strong>and</strong> little private production capacity.<br />

As are other CAFTA members, <strong>Honduras</strong> is challenged by illegal money flows. However,<br />

recently, the country has succeeded in pursuing <strong>and</strong> prosecuting money launderers.<br />

B. LEGAL FRAMEWORK<br />

In <strong>Honduras</strong>, the basic legal framework related to efficiency <strong>and</strong> security of basic trade-related<br />

financial flows (i.e., letters of credit, currency exchange) is generally sufficient. However, the<br />

legal framework for credit to assist importing <strong>and</strong> exporting is inadequate.<br />

1. Legal Operations That Support <strong>Trade</strong> Facilitation<br />

♦ The <strong>Trade</strong> Finance Guidelines of the International Chamber of Commerce (ICC) are<br />

generally applied, <strong>and</strong> the laws are in conformity with the Uniform Customs <strong>and</strong> practice<br />

for documentary credits.<br />

♦ The legal structure for trade-related finance allows for payment through wire transfers,<br />

foreign checks, commercial letters of credit, st<strong>and</strong>by letters of credit, documentary<br />

collections, <strong>and</strong> open accounts.<br />

♦ Importers <strong>and</strong> exporters do not find the legal framework for exchanging payments to be<br />

overly cumbersome or complicated. There are no government restrictions on the<br />

exchange of lempira (<strong>Honduras</strong>’s official currency).<br />

♦ The legal framework for currency exchange also provides suitable flexibility for traders.<br />

Under the law, traders have the freedom to exchange currency at financial institutions <strong>and</strong><br />

non-bank institutions alike.<br />

175 <strong>Economic</strong> Intelligence Unit (2004), Country Profile for <strong>Honduras</strong>.<br />

XIV-1

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