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