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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 />

required. If physical examinations are not providing adequate results, the risk<br />

management parameters for generating examinations should be adjusted or reduced.<br />

Through post audit, post verification, <strong>and</strong> physical examination, Customs has concluded<br />

that approximately 80 percent of its shipments are compliant.<br />

♦ There is concern in <strong>Honduras</strong> <strong>and</strong> the region that goods sold in Panama are imported with<br />

undervalued invoices. This problem must be addressed on a regional level, <strong>and</strong> those<br />

parties participating in undervaluation should be penalized <strong>and</strong> criminally prosecuted for<br />

flagrant violations of customs law.<br />

♦<br />

♦<br />

♦<br />

♦<br />

♦<br />

The trade community is concerned that goods are entering without Customs clearance.<br />

Supporting this concern, the number of commercial declarations<br />

generated by the<br />

Customs automated system for 2003 appears low. All commercial imports over $500 are<br />

to be transmitted electronically <strong>and</strong> should be logged in the system.<br />

The Customs laboratory is understaffed <strong>and</strong> under-equipped. In fact, there is only one<br />

employee at the Customs laboratory <strong>and</strong> that person is responsible not only for customs<br />

analysis, but also for quality control. Laboratory issues requiring complex analysis are<br />

sent to Mexico, which is expensive <strong>and</strong> time-consuming.<br />

Although it may be sufficient for current processes, the existing level of automation does<br />

not provide the capabilities required to incorporate a sophisticated risk<br />

management<br />

process. In addition, the current automated system, ASYCUDA/SIDUNEA ++ 1.17d, is<br />

difficult to modify. The automated system is now available at 14 sites, <strong>and</strong><br />

communications are said to be stable for use of both microwave <strong>and</strong> satellite linkage. The<br />

network, ADUANETT, is provided by a private association, <strong>and</strong> users pay for the<br />

network, charging their clients approximately $8 per transaction.<br />

The contract with<br />

Customs states that ADUANETT is to provide some equipment, including workstations,<br />

servers, <strong>and</strong> printers. Inspectors are selected at r<strong>and</strong>om to perform examinations, <strong>and</strong><br />

examination findings are input into the system to provide an electronic history of the<br />

results. The automated system provides manifest, selectivity, declaration processing,<br />

accounting, <strong>and</strong> transit modules. Some in-house programs have also been developed, <strong>and</strong><br />

work is under way to provide linkage with other countries. It is anticipated that, for<br />

Central American goods, the export country’s declaration will become the import<br />

declaration. <strong>Honduras</strong> is seeking, as it should, to move to another system, because of the<br />

current system’s limitations.<br />

Customs procedures are now too complex <strong>and</strong> cumbersome. All of these procedures<br />

require review to identify those that are redundant or unnecessary. Many neighboring<br />

countries have taken the initiative on this issue <strong>and</strong> reduced procedures as well as<br />

documentary requirements.<br />

Customs’ risk management system is not fully utilized. There are still many unnecessary,<br />

unproductive examinations resulting<br />

from overly broad criteria. The analysts should take<br />

into account the training received <strong>and</strong> input targeted criteria on the basis of extensive<br />

analysis to define risk <strong>and</strong> develop a methodology for updating examination criteria. A<br />

better underst<strong>and</strong>ing of risk management <strong>and</strong> the development of a mechanism to provide<br />

managers with performance feedback are both needed.<br />

XI-9

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