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

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TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS d. OIRSA (Organismo Internacional Regional de Sanidad Agropecuaria) In 2002 the Government of Honduras designated OIRSA the provider of SEPA services at all border locations. SEPA services include complete responsibility for inspection, fumigation, quarantine, laboratory analysis, and fee collection. (Guatemala has this same arrangement, whereas the other Central American countries use OIRSA’s “SIC” services, which cover only fumigation and quarantine functions.) OIRSA inspectors work under requirements, laws, and policies established by SENASA. Problems that arise in the field, are resolved by SENASA. Both agencies participate in the recruitment and hiring of inspectors. Fees are established by Honduran law, and are currently the third highest in the region, behind Costa Rica and Guatemala. OIRSA collects all fees derived from inspection and import/export permits. OIRSA collects funds from two processes: inspectional collections and import/export certifications. It retains approximately 60 percent of OIRSA inspectional collections for operating expenses. The remaining 40 percent is used by SENASA to fund programs for the eradication or control of pests or for training. In addition, OIRSA collects the $8.25 fees for SENASA import/export certifications. OIRSA receives an 8 percent processing fee for this service, with the remaining amount left to SENASA. OIRSA maintains a staff of 89 employees, 73 of whom are in the field. About 300,000 inspections per year are conducted at Puerto Cortez, which has a staff of 25 inspectors. This is the largest operation in the country. OIRSA currently operates three laboratories in the country and uses an additional one in Guatemala. An inspection is performed on every shipment to verify contents against the import permit. If laboratory analysis is not required, release usually occurs within 1–2 hours. Laboratory analysis requires a 1–2 day delay in release. 1) OIRSA Operations That Support Trade Facilitation OIRSA’s presence in Honduras has upgraded the quality of the country’s SPS services, as evidenced by the following: ♦ OIRSA inspection personnel are more technically proficient than other inspectors in the region because OIRSA requires higher qualifications. OIRSA inspectors are also less susceptible to bribes because they receive higher pay. ♦ Regional inspection provides a less politicized environment than do national inspection agencies. ♦ OIRSA uses sophisticated automated systems to control and record the process and to provide updated information to field offices. This increases speed, transparency, and accuracy. ♦ Since OIRSA assumed inspection responsibilities, the number of pests and plaques identified has risen to 3,000, up from 11 identified by national inspectors in the preceding years. ♦ OIRSA laboratories are modern, well equipped, and well staffed. XI-17
TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS ♦ Fieldwork is conducted thoroughly and efficiently. Pre-identification of pests is performed onsite. Fieldwork is automated and tracked, and inspectors have online research capability. Reports on the quantity and quality of work are prepared weekly, The collection of export/import certification fees by OIRSA has generated an increase in the funds available to SENASA. The government used to charge 17 percent for fee collection, and getting these funds back was difficult. OIRSA charges only an 8 percent administrative fee, which goes directly to SENASA. ♦ OIRSA fund management has also streamlined SENASA’s procurement process because it eliminated many of the bureaucratic obstacles that government imposed in these areas. 2) OIRSA Issues to Address The partnership between OIRSA and Honduras should be expanded and improved by the following measures: e. ♦ ♦ OIRSA’s SEPA services should be used in all Central American countries as a first step toward harmonization of the SPS process. SPS issues were not considered in developing the Customs Union, which was primarily designed to promote the simplification and harmonization of Customs procedures. OIRSA is now conducting a study sponsored by the Inter-American Development Bank to define the various SPS requirements of the five CAFTA countries and to recommend ways of harmonizing requirements and operations, where presently there are wide disparities. Harmonization is difficult to achieve because of legitimate concerns for public safety and a lack of political will. As a public safety issue, pests present in some countries are not present in others. As a political issue, countries are hesitant to relinquish sovereignty, and there are vested political interests in some bureaucracies. A first step would designate OIRSA to conduct full SEPA services in all countries. OIRSA inspectors could perform their services at any site in accordance with multiple countries regulations, depending on the destination of the product. Also, as a regional office, its services would be accepted and deemed of good quality in all countries. This approach would eliminate the need for countries to post inspectors in other countries as the Customs Union progresses. The national Ministries of Agriculture have neither the resources nor the funds for these relocations. ♦ monthly, and yearly; these are forwarded to SENASA so that it can maintain effective oversight. At Puerto Cortez, OIRSA’s system should be linked with the Customs operating system so that inspectors can access pre-arrival manifest data and make advance plans to examine cargo and research new products to minimize delays. National Police The National Police force, created in 1998 when the military gave up its role in civil society, comprises five major divisions. The one related to customs fraud, smuggling, and border enforcement is the General Office for Special Investigative Services. This unit has higher recruitment standards, with the recruits carefully selected and subject to random drug testing and polygraphs. The 300 officers in this unit are divided into separate departments that deal with XI-18
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