HONDURAS - KEY QUESTIONS ON CARGO HANDLING

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 001280

SIPDIS

STATE FOR NP/RA (JSMITH),PM, EB, WHA/PPC, AND WHA/CEN

E.O. 12958: DECL: 06/03/2014
TAGS: PARM PREL KNNP EWWT EAIR HO
SUBJECT: HONDURAS - KEY QUESTIONS ON CARGO HANDLING

REF: STATE 55415

Classified By: Political Counselor Francisco Palmieri; reason 1.4 (h).


1. (C) Per reftel, answers to the key questions on cargo
handling are provided below. Where appropriate, Post has
provided clarification and context.


2. (U) Answers are listed in Q and A format:


I. Shipping/Cargo Manifests


Q. Are cargo manifests (or similar documentation) required in
connection with the shipment of goods on board ships and
aircraft:

i. departing Honduras;
ii. entering Honduras;
iii. transiting Honduras, territorial sea and/or airspace?


A. Manifests must be filed with the Honduran Port Authority
and Honduran Customs for all cargo departing, entering, or
transiting Honduras via ship or aircraft.


Q. Are cargo manifests required to be completed by sea and
air carriers registered within Honduras, even if they are
engaged in trade outside of the country?


A. Yes (Comment: This system is entirely dependent upon the
shipping agent and there appears to be little GOH oversight
in this process. End Comment).


Q. When completing manifests, what level of detail is
required in describing cargo being carried, including type
and quantity?


A. The following manifest information is required by the GOH:
Order/shipment number; type of cargo; quantity of cargo; how
it was packed; weight of cargo; destination; cargo
description; (if arriving by container) container number and
dimension.


Q. What, if any, civil and/or criminal penalties exist in
connection with the following (and do they allow for seizure
of cargo as one potential penalty):

i. failing to prepare a manifest;
ii. failing to properly complete a manifest;
iii. misrepresenting items listed on, or fraudulently
completing, a manifest?


A. Normally, the GOH would give the importer an opportunity
to correctly prepare the manifest. Criminal penalties do
exist, however, for misrepresentation and fraud, including
the seizure of cargo.


Q. Does Honduran law permit officials from another country,
with the consent of Honduras, to detain individuals on
vessels operating under the Honduran flag in international
waters, based upon suspected violations of (a) Honduran law?;
(b) the other country's law?


A. a) yes; b) only if the other country has requested, and
been granted, formal permission from the GOH. All such cases
are handled on an ad hoc basis.


Q. In cases where such detentions occur, are there any
specific requirements concerning how Honduras, or the other
country, could assume jurisdiction over such individuals
(e.g., would extradition or similar formal transfer process
required)?


A. Extradition would be necessary to assume jurisdiction over
detained individuals. Of note is that the extradition of
Honduran nationals is prohibited by the Honduran constitution.


Q. What limitations exist in the Honduran criminal justice
system on the introduction at trial against an accused of
evidence that has been gathered by officials of another
country? (e.g., are there situations in which officials of
the other country would be required to testify or submit
affidavits in order for such evidence to be admissible?)


A. Honduran law does allow for the testimony and/or evidence
collected by officials of another country to be included in
court proceedings, but it would first have to be allowed by a
judge. However, the foreign official would have to testify,
as affidavits are not accepted.

II. Hazardous Cargo Requirements


Q. Is Honduras implementing and enforcing mandatory
international standards for cargo handling, stowage, marking,
placarding, and labeling related to the shipment of dangerous
goods by sea or air?


A. Yes


Q. What reporting requirements exist in Honduras to report
hazardous cargo on board vessels entering Honduran
ports/airports/territory?


A. Depending upon the classification of the cargo and its
destination, certain specific reporting requirements exist.
All hazardous cargo entering Honduras must be reported using
IMO and UN authorized forms, and IMDG codes, including
identification numbers, product classification, destination,
weight, and who in Honduras is responsible for the cargo.

Q. What types of cargo are covered by such reporting
requirements?


A. In general, any cargo potentially dangerous to human
health is considered hazardous by the GOH, including:
chemicals, pharmaceuticals, petroleum, other fuel products
and lubricants, and their derivatives, or anything associated
with firearms and ammunition. Other specific items are also
required to be reported depending on the end-user, such as
hospital supplies.


Q. What, if any, reporting requirements exist in Honduran law
for vessels transiting the territorial sea, airspace, or
territory to report hazardous cargo?


A. All hazardous cargo transiting Honduras must be reported
in advance to Honduran Customs including cargo manifest
information. Cargo not cleared in advance by Honduran
Customs is delayed until the proper paperwork has been
filled.


Q. What penalties exist for failure to report such cargo when
entering Honduran port/airport/territory (e.g., seizure of
the vessel, seizure of the cargo, criminal penalties against
the ship's Master or crew, etc)?


A. Honduran authorities would normally detain the cargo and
crew until the proper procedures are followed for importing
hazardous cargo. Any party to the transaction, including the
Honduran importer, booking agent, and the ship's captain/crew
can be held responsible for failure to report hazardous
cargoes entering Honduran ports. Honduran law does permit
for the seizure of the cargo and criminal penalties against
those involved in the transaction.


3. (C) Comment: Because of its geographic location and weak
law enforcement, Honduras remains a major transshipment zone
for illegal narcotics and other contraband. People are
smuggled or trafficked through Honduras, and there are
regular reports of stowaways trying to immigrate illegally to
the U.S. on ships. Also, due to a lack of sufficient
resources/training for customs officials, endemic corruption,
and considerable impunity for members of the economic,
military, and official elite, customs fraud is believed to be
widespread in Honduras. Honduran law and regulations do
allow for civil/criminal proceedings against customs fraud,
however, for the reasons outlined above, perpetrators have
little to fear from GOH officials. End Comment
Palmer