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 />
♦ Fieldwork is conducted thoroughly <strong>and</strong> efficiently. Pre-identification of pests is<br />
performed onsite. Fieldwork is automated <strong>and</strong> tracked, <strong>and</strong> inspectors have online<br />
research capability. Reports on the quantity <strong>and</strong> quality of work are prepared weekly,<br />
The collection of export/import certification fees by OIRSA has generated an increase in<br />
the funds available to SENASA. The government used to charge 17 percent for fee<br />
collection, <strong>and</strong> getting these funds back was difficult. OIRSA charges only an 8 percent<br />
administrative<br />
fee, which goes directly to SENASA.<br />
♦ OIRSA fund management has also streamlined SENASA’s procurement<br />
process because<br />
it eliminated many of the bureaucratic obstacles that government imposed in these<br />
areas.<br />
2) OIRSA Issues to Address<br />
The partnership<br />
between OIRSA <strong>and</strong> <strong>Honduras</strong> should be exp<strong>and</strong>ed <strong>and</strong> improved by the<br />
following measures:<br />
e.<br />
♦<br />
♦ OIRSA’s SEPA services should be used in all Central American countries as a first step<br />
toward harmonization of the SPS process. SPS issues were not considered in developing<br />
the Customs Union, which was primarily designed to promote the simplification <strong>and</strong><br />
harmonization of Customs procedures. OIRSA is now conducting a study sponsored by<br />
the Inter-American Development Bank to define the various SPS requirements of the five<br />
CAFTA countries <strong>and</strong> to recommend ways of harmonizing requirements <strong>and</strong> operations,<br />
where presently there are wide disparities. Harmonization is difficult to achieve because<br />
of legitimate concerns for public safety <strong>and</strong> a lack of political will. As a public safety<br />
issue, pests present in some countries<br />
are not present in others. As a political issue,<br />
countries are hesitant to relinquish sovereignty, <strong>and</strong> there are vested political interests<br />
in<br />
some bureaucracies.<br />
A first step would designate OIRSA to conduct full SEPA services<br />
in all countries. OIRSA inspectors could perform their services at any site in accordance<br />
with multiple countries regulations, depending on the destination of the product. Also, as<br />
a regional office, its services would be accepted <strong>and</strong> deemed of good quality in all<br />
countries. This approach would eliminate the need for countries to post inspectors in<br />
other countries as the Customs Union progresses. The national Ministries of Agriculture<br />
have neither the resources nor the funds for these relocations.<br />
♦<br />
monthly, <strong>and</strong> yearly; these are forwarded to SENASA so that it can maintain effective<br />
oversight.<br />
At Puerto Cortez, OIRSA’s system should be linked with the Customs operating system<br />
so that inspectors can access pre-arrival manifest data <strong>and</strong> make advance plans to<br />
examine cargo <strong>and</strong> research new products to minimize delays.<br />
National Police<br />
The National<br />
Police force, created in 1998 when the military gave up its role in civil society,<br />
comprises<br />
five major divisions. The one related to customs fraud, smuggling, <strong>and</strong> border<br />
enforcement<br />
is the General Office for Special Investigative Services. This unit has higher<br />
recruitment st<strong>and</strong>ards, with the recruits carefully selected <strong>and</strong> subject to r<strong>and</strong>om drug testing <strong>and</strong><br />
polygraphs.<br />
The 300 officers in this unit are divided into separate departments that deal with<br />
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