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November 20, 2018In force

PCM-039-2018

Congreso Nacional

  • Decree: PCM-039-2018
  • Published: November 20, 2018
  • Issuing body: Congreso Nacional
  • Gazette: 34,799
  • Category: Commercial

Summary

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This decree establishes the National Committee for Trade Facilitation (CONFACO), a coordinating body that brings together public and private institutions to streamline Honduras' foreign trade processes. The committee implements WTO international commitments, removes trade barriers, and improves customs procedures.

Considerations

Whereas Article 335 of the Constitution of the Republic of Honduras establishes that the State shall order its external economic relations on the basis of just international cooperation, Central American economic integration, and respect for the treaties and agreements it enters into, insofar as they do not oppose the national interest.

Whereas Honduras as a Contracting Party to the General Agreement on Tariffs and Trade (GATT) ratified the Protocol of Accession to the GATT through Legislative Decree No. 17-94 of April 13, 1994; and as a founding Member of the World Trade Organization (WTO) ratified its status as a Member with the approval of Decree No. 177-94 in December 1994, thereby acquiring a series of commitments contained in the various multilateral agreements.

Whereas on November 27, 2014, the General Council of the World Trade Organization (WTO) adopted the Protocol of Amendment to the Marrakesh Agreement by which the World Trade Organization (WTO) is established to insert the Trade Facilitation Agreement, submitting it to its Members, so that in accordance with the rules for adopting it formally the Members must deposit with the World Trade Organization (WTO) the instrument of acceptance.

Whereas the National Congress of the Republic of Honduras, through Decree No. 146-2015 of December 17, 2015, published in the Official Gazette La Gaceta on May 27, 2016, approved the Protocol of Amendment to the Marrakesh Agreement by which the World Trade Organization (WTO) is established to insert the Trade Facilitation Agreement.

Whereas in accordance with Article 2 of Decree No. 146-2015 of December 17, 2015, published in the Official Gazette La Gaceta on May 27, 2016, the State Department in the Office of Economic Development shall be the institution responsible for coordinating the work on any matter related to the functioning and administration of the Protocol of Amendment to the Marrakesh Agreement by which the World Trade Organization (WTO) is established to insert the Agreement on Trade Facilitation for the achievement of its objectives in order to facilitate internal coordination and its implementation with the institutions that make up the National Committee on Trade Facilitation.

Whereas Article 23.2 of the Agreement on Trade Facilitation establishes the commitment that each Member shall establish and/or maintain a National Committee on Trade Facilitation or designate an existing mechanism to facilitate internal coordination and the application of the provisions of this Agreement.

Articles

Article 1.-

Creation of the National Trade Facilitation Committee. The National Trade Facilitation Committee is hereby created, which shall be abbreviated as "CONFACO", as a collegial body attached to the State Secretariat in the Office of Economic Development, as coordinator of the instrumentalization and execution of the national policy on Trade Facilitation.

Article 2.-

Objective of the Committee. The Committee shall work in a coordinated manner with all public and private institutions involved in trade facilitation, with the purpose of ensuring the implementation and compliance with trade facilitation initiatives, as well as managing mechanisms of interinstitutional cooperation that contribute to trade facilitation.

Article 3.-

Coordination. CONFACO shall be presided over and coordinated by the State Secretariat in the Office of Economic Development through the Sub-Secretariat of Economic Integration and Foreign Trade.

Article 4.-

Technical Secretariat. CONFACO shall establish a Technical Secretariat, which shall provide technical, logistical, and administrative support to fulfill its functions. The Technical Secretariat shall be under the charge of the State Secretariat in the Office of Economic Development through the Sub-Secretariat of Economic Integration and Foreign Trade. The functions of the Technical Secretariat of the Collegial Body are the following:

  • 1)

    To convene ordinary and extraordinary sessions at the instruction of the presidency of CONFACO;

  • 2)

    Preparation of the agenda;

  • 3)

    Verification of quorum;

  • 4)

    Preparation and maintenance of the record of minutes duly signed by all members of CONFACO;

  • 5)

    Maintenance of records of members and alternates of CONFACO;

  • 6)

    Monitoring of activities assigned by CONFACO; and, 7. Other functions delegated by the presidency of CONFACO.

Article 5.-

Integration. For the fulfillment of its objectives and the performance of its functions, CONFACO shall be composed of a principal representative and an alternate who shall attend in case of absence of the principal. On behalf of the Public Sector, the following Sub-Secretaries of the State Secretariats or their delegate shall participate with voice and vote: State Secretariat in the Office of Economic Development through the Sub-Secretariat of Economic Integration and Foreign Trade, who shall preside over and coordinate the Committee; State Secretariat in the Offices of Agriculture and Livestock through the Sub-Secretariat of Livestock and the National Service of Agricultural Health and Innocuousness (SENASA); State Secretariat in the Office of Health through the Sub-Secretariat of Integrated Health Service Networks; State Secretariat in the Office of Security through the Sub-Secretariat of Security in Interinstitutional Affairs and the National Directorate of Border Police Services; State Secretariat in the Office of Infrastructure and Public Services through the Sub-Secretariat of Transport; State Secretariat in the Office of Finance through the Sub-Secretariat of Finance and Budget; 7. Presidential Commission for Comprehensive Reform of the Customs System and Trade Operators (COPRISAO) through its President Commissioner and the Deputy Directorate of Customs Revenue; Sanitary Regulation Agency through its President Commissioner; and, 9. National Immigration Institute (INM). On behalf of the Private Sector in representation of the productive, commercial, and service sectors related to trade processes, the Honduran Council of Private Enterprise (COHEP) shall designate eight (8) Representatives who shall participate with voice and vote, represented by the following sectors:

  • 1)

    Honduran Council of Private Enterprise (1 representative);

  • 2)

    Industrial sector (2 representatives);

  • 3)

    Export sector (1 representative);

  • 4)

    Logistics sector (air, sea, and Courier) (1 representative);

  • 5)

    Transport sector (1 representative);

  • 6)

    Productive sector (1 representative); and, 7. Agroindustry sector (1 representative).

Article 6.-

Participation. The members of CONFACO shall participate and collaborate within the scope of their competence in activities related to the Annual Strategic Plan that is approved by CONFACO.

Article 7.-

Additional Participation. When the Sub-Secretariat of Economic Integration and Foreign Trade of the State Secretariat in the Office of Economic Development deems it appropriate, representatives of other institutions, associations, programs, councils, committees, commissions, or public or private institutions that are involved in trade facilitation processes or initiatives may be invited to CONFACO sessions. In these cases, the representatives of all such institutions shall participate with voice, but without vote.

Article 8.-

Functions of the National Trade Facilitation Committee:

  • a)

    To ensure proper compliance with the commitments assumed by Honduras in matters of trade facilitation under the WTO Agreement on Trade Facilitation, the Central American Strategy for Trade Facilitation and Competitiveness, with emphasis on Coordinated Border Management, as well as in the various bilateral, regional, or multilateral free trade agreements or treaties;

  • b)

    To conduct periodic diagnoses to determine the main difficulties or obstacles to meeting the commitments assumed in matters of trade facilitation, as well as to establish solutions to the same;

  • c)

    To develop proposals or establish mechanisms for solution to address the difficulties or obstacles found in trade facilitation;

  • d)

    To propose improvement actions for the simplification and streamlining of foreign trade procedures;

  • e)

    To create temporary technical commissions or working groups with pre-established agendas to address specific matters that require greater technical discussion, designating the members to participate in each one of them, which shall report to CONFACO the progress on a monthly basis;

  • f)

    To establish the Annual Strategic Plan, as well as to render an annual report on compliance with the same;

  • g)

    To administer the technical assistance received as support for the implementation of trade facilitation initiatives;

  • h)

    To manage, execute, and receive training activities and capacity-building on trade facilitation that are agreed upon or approved, which may be executed individually, by sector, or jointly;

  • i)

    To coordinate actions with other institutions of the public and private sector on matters related to foreign trade in general and trade facilitation in particular; and,

  • j)

    To establish the functions of the Technical Secretariat of CONFACO, as well as its budget and financing methods.

Article 9.-

Frequency of Meetings: CONFACO shall meet in ordinary sessions on a bimonthly basis and in extraordinary sessions when convened by the State Secretariat in the Office of Economic Development who functions as Technical Secretariat. In any case, prior to an ordinary or extraordinary meeting, the corresponding agenda covering the matters to be addressed in such meetings shall be sent. In the case of ordinary meetings, agendas shall be sent with a minimum of eight (8) days in advance.

Article 10.-

Consensus. CONFACO shall make its decisions by consensus. In case of a tie, the State Secretariat in the Office of Economic Development shall have the casting vote.

Article 11.-

Effective Date: This Decree shall enter into effect as of the date of its publication in the Official Gazette of the Republic "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the twenty-fifth (25) day of the month of June of two thousand eighteen (2018). BE IT COMMUNICATED AND PUBLISHED.

Notes

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