IMPORT LICENSING SYSTEM OF HONDURAS

Replies by Honduras to Questions Posed by the United States

The following communication, received on 17 May 2024, is being circulated at the request of the delegation of Honduras.

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Question 1

In 2023, the Government of Honduras published import registration and licensing regulations regarding poultry through Ministerial Agreement No. 021‑2023, modified through Ministerial Decree No. 055‑2023 and rice through Ministerial Agreement No. 020‑2023, modified through Ministerial Decree No. 104‑2023. These non‑automatic import licensing processes are administratively burdensome and require applicants to approach many separate administrative bodies in the government of Honduras.

(a)The preamble of the WTO Agreement on Import Licensing Procedures states that "non‑automatic licensing procedures should be no more administratively burdensome than absolutely necessary." Article 1, Paragraph 6 states that "...applicants shall not need to approach more than three administrative bodies." How do these Ministerial Agreements meet these commitments?

Reply:

The procedure for issuing import licences for meat of poultry (Ministerial Agreement No. 021 and Ministerial Agreement No. 055‑2023), as well as import licences for rice (Ministerial Agreement No. 020‑2023 and Ministerial Agreement No. 104‑2023), is only carried out by the Secretariat for Economic Development. No other institutions are involved. However, the importer must submit the required documents requested in the aforementioned Agreements.

The required health and safety documents, requested in those Agreements for importer registration and import licensing, are issued by the relevant institutions and are the same as those requested by Customs upon importation, so importers must have these, irrespective of the import licence request.

Question 2

Article 16 of Ministerial Agreement No. 021‑2023 and Ministerial Agreement No. 020‑2023 exempts border traffic from following the special import modalities detailed in the Agreements.

(b)    Article 1, Paragraph 3 of the WTO Agreement on Import Licensing Procedures states that "The rules for import licensing procedures shall be neutral in application and administered in a fair and equitable manner." How does this exemption of border traffic comply with the requirement for import licensing procedures to be administered in a fair and equitable manner as detailed in Article 1, Paragraph 3 of the Agreement?

Reply:

Article 16 of Ministerial Agreement No. 021‑2023, amended by Ministerial Agreement No. 055, and Ministerial Agreement No. 020‑2023, amended by Ministerial Agreement No. 104‑2023, provides for exemptions from the requirements to be included on the Register for Poultry Meat Importers and to have a poultry meat import licence, and to be included on the Register for Rice Importers and to have a rice import licence, in accordance with the Central American Uniform Customs Code (CAUCA), in cases concerning:

1._        Border traffic (Article 111 of CAUCA). Border traffic is considered to be imports and exports carried out for non‑commercial purposes by residents of the border areas of the States Parties.

2._        Small family consignments of a non‑commercial nature (Article 116 of CAUCA). "Small non‑commercial consignments are considered to be goods sent by family members from abroad, for use or consumption by the recipient family member, the importation of which shall be exempt from the payment of taxes and other charges..."

3._        Samples of no commercial value (Article 117 of CAUCA). Samples of no commercial value are those goods the use or display of which are intended for demonstration or some other similar purpose, and which lack any commercial value, either because they have no commercial value due to their quantity, weight, volume or other aspects of their presentation, or because that value has been physically removed from them by rendering them unusable, which rules out any possibility of marketing them.

4._        Non‑commercial donations in accordance with Articles 111 and 116 of CAUCA.

Question 3

During Honduras' Trade Policy Review on 12‑14 July 2023, Honduras committed that these regulations would be notified to the WTO.

(c)   When will these regulations be notified to the WTO?

Reply:

The necessary steps are being taken to submit the relevant notifications.

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