Identifier
Created
Classification
Origin
05TEGUCIGALPA769
2005-04-11 14:34:00
CONFIDENTIAL
Embassy Tegucigalpa
Cable title:  

HONDURAN PORT FEE REDUCTION AGREED TO IN PRINCIPLE

Tags:  EWWT ETRD ECPS EINV PGOV KMCA HO 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 000769 

SIPDIS

STATE FOR WHA/EPSC AND WHA/CEN
STATE FOR EB/TRA (DHAYWOOD)
TREASURY FOR DDOUGLASS
COMMERCE FOR AVANVUREN, MSIEGELMAN
STATE PASS AID FOR LAC/CAM

E.O. 12958: DECL: 04/11/2015
TAGS: EWWT ETRD ECPS EINV PGOV KMCA HO
SUBJECT: HONDURAN PORT FEE REDUCTION AGREED TO IN PRINCIPLE
BY GOH AND PRIVATE SECTOR

REF: TEGUCIGALPA 546 AND PREVIOUS

Classified By: Economic Chief Patrick Dunn for reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 02 TEGUCIGALPA 000769

SIPDIS

STATE FOR WHA/EPSC AND WHA/CEN
STATE FOR EB/TRA (DHAYWOOD)
TREASURY FOR DDOUGLASS
COMMERCE FOR AVANVUREN, MSIEGELMAN
STATE PASS AID FOR LAC/CAM

E.O. 12958: DECL: 04/11/2015
TAGS: EWWT ETRD ECPS EINV PGOV KMCA HO
SUBJECT: HONDURAN PORT FEE REDUCTION AGREED TO IN PRINCIPLE
BY GOH AND PRIVATE SECTOR

REF: TEGUCIGALPA 546 AND PREVIOUS

Classified By: Economic Chief Patrick Dunn for reasons 1.4 (b) and (d).


1. (C) Summary: Following a public exchange of vitriol
earlier this year over port fees -- in which accusations of
fraud, deception, graft, tax evasion, smuggling, and
unconstitutionality were repeatedly hurled (detailed reftels)
-- the GOH and private sector sat down last month to work out
a mutually-acceptable fee schedule for container scanning at
Puerto Cortes. The new agreement, in principle, reduces
average fees from USD 55 to only USD 10 for the light
industrial (maquila) sector and to only USD 15 for consumer
imports. The agreement also curtails exclusivity for the
service provider, lowers the guaranteed baseline volume of
container traffic, and calls for a jointly administered trust
fund for all scanning revenues over and above costs. Post
has long been active in encouraging both sides to compromise
and is pleased that this effort appears to have borne fruit.
The new pricing schedule is designed to ensure that the
desire for enhanced port security is balanced against the
need to continue to promote poverty reduction through
export-led economic growth. End Summary.


2. (SBU) On March 31, representatives of the Honduran private
sector and senior GOH officials reached agreement, in
principle, on substantially reducing fees that will be
charged for gamma-ray scanning of all containerized traffic
passing through Puerto Cortes. In December 2004, the GOH
National Congress approved legislation establishing a hefty
per-container fee of USD 18 for empty containers and USD 37
for loaded containers for gamma-ray scanning. As a result of
the recent agreement, that contract will be amended as
follows:

- The contractor performing the scanning (a consortium of
local firm CAMOSA and U.S. firm SAIC) will receive USD 27.50

per full container for the first 200,000 containers and USD
25.00 per container in excess of 200,000. This is down from
USD 37.00 set in the original contract.

- CAMOSA will receive USD 14.00 per empty container upon
importation and will receive no payment for scanning empty
containers being exported. This is down from USD 18.00 per
empty container (import or export) set in the original
contract.

- CAMOSA will have exclusivity on container scanning for
three years and will be guaranteed a minimum of 200,000
containers per year for years four through ten (the end of
the contract). This is a significant change from the
previous deal, in which CAMOSA was to have exclusivity for
all ten years, with a guaranteed through-put of 300,000
containers (well above current levels of 240,000 and widely
seen as a windfall for the company).


3. (SBU) As detailed reftels, the original contract obligated
the GOH to pay the fees to the contractor but did not specify
what portion of those fees would subsequently be passed on to
the port users. This was a source of great concern to the
business community, which anticipated up to 100 percent
pass-through of the costs to them, potentially rendering them
non-competitive. (Producers of high-bulk, low value exports,
such as bananas, felt particularly at risk and spearheaded
the broad-based private sector rejection of the fee.) The
new agreement eliminates those uncertainties by specifying
the following cost pass-through:

Under the proposed agreement, port users would pay:

- USD 15.00 per full imported container

- USD 5.00 per empty imported container

- USD 5.00 per imported container full of raw materials to be
used in production for re-export (such products would
include, for example, imported U.S. fabric to be used in
apparel assembly operations in Honduras for re-export)

- USD 5.00 per full container for export

- No Charge for scanning of empty containers for export

4. (SBU) Any revenues above costs that are collected by the
GOH (including the USD 2.50 in savings for volumes above
200,000 containers) are to be placed in a trust fund,
approved of by the International Monetary Fund and
administered by a non-profit body to be established jointly
by the private sector and the GOH.


5. (SBU) In exchange for this amicable resolution, the GOH
would agree to promise not to raise any other tax or duty for
fiscal reasons on port usage during the life of the contract
(that is, ten years).


6. (C) Comment: Post has been actively engaged on this issue
throughout, encouraging the GOH to listen to the private
sector's legitimate concerns about competitiveness and
advising the private sector to focus its arguments and to
offer workable solutions. Repeated interventions by EmbOffs
(reftels) succeeded in removing the red herring topic of the
USG and its security concerns from the debate and allowed the
parties to focus on the core issue of transparently and
collaboratively setting fees that are acceptable to the GOH,
the private sector, and the service provider. Post is
pleased that the parties were willing and ultimately able --
with an occasional nudge from us -- to resolve this
collaboratively and in a manner designed to avoid damaging
the export sectors that are the lifeblood of this developing
economy. End Comment.

Palmer
Palmer