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

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TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS Comision Presidencial de Modernización del Estado (The Presidential Commission for Modernization). Key focus areas of this commission include organizational reform and privatization of the nation’s major infrastructure components, with particular emphasis on the electricity and telecommunications sectors. Exhibit 2 provides an organization chart outlining Honduras’s institutional relationships. Roadways Director General of Highways Roadway Development Exhibit 2. Honduras Infrastructure Organizational Chart FONDO VIAL Roadway Maintenance SOPTRAVI Seaports Director of Merchant Marine Empresa Portuaria Nacional (ENP) Private Stevedoring Concessions Transport Airports Director General of Civil Aviation Private Concession Contract INTER Airports Government of Honduras National Energy Commission ENEE Private Sector Power Generation 42% of national capacity Public Sector Power Generation 58% of national capacity Power Transmission Power Distribution Public Sector Telecom Fixed Line Service (HOND UTEL) Mobile Service (HONDUTEL) HONDUTEL CONATEL Private Sector Telecom Mobile Service CelTel, MegaTel Private Service Resale Contracts Private S ector Internet Multiple service providers Transportation infrastructure planning, coordination, supervision, implementation, and maintenance are the primary responsibilities of the Secretaría de Obras Públicas, Transporte y Vivienda (SOPTRAVI), the Secretary of Public Works, Transportation, and Housing. This secretariat consists of multiple subdirectorates, which are responsible for roadway development and maintenance, airport administration, and seaport administration. These subdirectorates are discussed further in the following paragraphs. Roadway network development and maintenance are the responsibilities of SOPTRAVI under two distinct implementing institutions. The Director General of Highways is responsible for implementing roadway development and expansion projects, while the Fondo Vial is responsible for maintenance. Development projects are funded either through the central government or through donor agencies. Roadway maintenance is funded through a recently enacted user fee collected through gasoline taxes. However, fees are collected by the central government and reallocated to Fondo Vial; thus, currently, according to knowledgeable officials, less than 50 percent of the fees collected for roadway maintenance are ultimately allocated to Fondo Vial. Honduras’s seaport infrastructure is administered through the Empresa Nacional Portuaria (EPN), a semi-autonomous port authority, responding to a board of directors consisting of both public and private representatives. The port authority is under the jurisdiction of SOPTRAVI and has limited authority to approve major investments and acquire long-term debt, which must be approved by the central government. Consequently, the port authority is effectively limited to maintaining operating budgets and administration of the tariff. XV-5
TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS Honduras’s airport infrastructure is currently operated through a private sector concession agreement with Inter Airports, a private joint venture. This contract is administered through the Director General of Civil Aviation (DGAC), a department of SOPTRAVI. The current concession contract includes a 20-year operating agreement for each of the nation’s four airport facilities. Electrical power is implemented by the Empresa Nacional de Energia Electrica (ENEE) and regulated by the N ational Energy Commission, with leadership appointed by the President. ENEE is responsible for production of the majority of the nation’s power, all transmission, and all distribution. ENEE is a government-run monopoly. Although the National Energy Commission regulates operations, reports indicate that little regulatory control actually exists. Telecommunications service is provided by Hondutel, a government-owned provider. The regulatory body is CONATEL. Hondutel currently maintains monopoly control of all fixed-line and international calls; however, exclusivity clauses within its contract will expire in December 2005. Efforts are under way to include private sector involvement in extension of Hondutel’s fixed-line services, through franchise contracts issued through Hondutel. After December 2005, private sector participants will have the option to renew their contracts or to compete in an open and competitive environment. It is unclear whether Hondutel will be privatized or maintained as a government-owned service provider. CONATEL maintains licensing authority for Internet service providers. Internet service is currently provided through Hondutel and a number of private service providers. The sector is largely unregulated at this time. C. IMPLEMENTING INSTITUTIONS The following sections provide an overview of each of Honduras’s major trade infrastructure components. This overview provides a brief description of major facilities and overall operations. Recommendations for improvement are also provided as appropriate. Exhibit 3 provides a regional map of Honduras for reference. XV-6
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Trade and Commercial Law Assessment - Honduras - Economic ...

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