CONTENT SPECIAL PERMITS 6
HONDURAS INVESTOR´S GUIDE 2020-2021
APPLYING FOR AN ENVIRONMENTAL LICENSE REGISTRATION OF TRADEMARKS, PATENTS, COPYRIGHTS AND ELECTRONIC SIGNATURES ELECTRONIC SIGNATURE FOR CERTIFICATION SERVICE PROVIDERS (PSC) BARCODE REGENCY LICENSE AND RECORD OF LOCATION BY OPENING SANITARY LICENSES NATIONAL TOURIST REGISTRY (RNT) LAW ON TOURISM INCENTIVES LICENSING OF BUSINESS REPRESENTATIVES, DISTRIBUTORS AND AGENTS OBTAINING PERMITS FROM THE NATIONAL ANIMAL HEALTH SERVICE (SENASA) OBTAINING PERMITS FROM THE FOREST CONSERVATION INSTITUTE (ICF) OBTAINING PERMITS AT THE HONDURAN INSTITUTE OF GEOLOGY AND MINES (INHGEOMIN) GENERAL MANAGEMENT FOR MERCHANT MARINE DIRECTORATE-GENERAL FOR FISHERIES AND AQUACULTURE (DIGEPESCA) INTEGRATED FINANCIAL MANAGEMENT SYSTEM (SIAFI)
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10 6.11 6.12 6.13 6.14 6.15
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
CERTAIN PERMITS AND SPECIAL LICENSES ARE APPLICABLE ACCORDING TO COMPANY’S ACTIVITY a. Environmental License b. Registration of trademarks, patents, copyrights and electronic signatures c. Barcode d. Proof of location to open pharmacies, drugstores and laboratories e. Sanitary License (fromARSA, for its acronym in Spanish) f. Registration with the Chamber of Tourism (IHT, for its acronym in Spanish) g. Documentation to obtain the benefits of the Tourism Incentive Law h. Permits for representatives, distributors and exclusive agents i. Permits to import products of Plant and Animal Origin (from SENASA, for its acronym in Spanish) j. Permits from the Forest Conservation Institute (ICF, for its acronym in Spanish) k. Permits from the Honduran Institute of Geology and Mines (INHGEOMIN, for its acronym in Spanish) l. Permits in the Directorate-General for Merchant Marine m. Permits in the Directorate-General for Fisheries and Aquaculture (fromDIGEPESCA, for its acronym in Spanish) n. Integrated Financial Management System (from SIAFI, for its acronym in Spanish) 6.1 APPLYING FOR AN ENVIRONMENTAL LICENSE Who performs the procedure? The environmental service provider (PSA) registered in MI AMBIENTE. Legal proxy presents the documentation in the General Secretariat of MI AMBIENTE . Where it is done? On website http://miambiente.prohonduras.hn/MiAmbiente/login.html . The physical document must be presented at the Ministry of Natural Resources. Average time: If approved, 2 weeks, and if in consultation, 2 to 4 months for category IV projects. Cost: In accordance with the amount of the investment, jobs generated and the current average minimum wage. (Consult the platform).
6.1.1 OBTAINING AN ENVIRONMENTAL LICENSE REQUIREMENTS: for Environmental Licensing a. Title of Property duly stamped and registered / Lease Agreement with Title of Property in favor of the lessor or any other title of domain transfer of the place to develop the project. b. Articles of Incorporation of Merchant, Corporate or Legal Entity (In case of a Foreign Business Company, the documents must be duly certified apostilled, according to law). c. Environmental Control Measures, issued by the Environmental Licensing System d. Validation report of the environmental service provider e. Affidavit of the Environmental Service Provider, duly authenticated f. Authenticated copy of the Company’s RTN g. Authenticated copy of the identity card of the legal representative of the company h. Original TGR-1 receipt, under the code N° 12209, for issuance of environmental license. In case of a Public Project, submit a copy of Decree 181-2009 i. Original payment receipt by Inspection in favor of the DECA Revolving Fund, account N° 02-001-000131-0 BANADESA Bank j. Original Bank Guarantee, valid for 1 year k. Authenticated power of attorney for litigation l. Publication of the notice of application, on an eighth of a page in a major circulation newspaper; present full page of the newspaper. m. Affidavit of the Legal Representative of the Company n. Technical tool according to the project category: technical report; summary of environmental management plan; environmental management plan and environmental impact study *All photographs must be presented duly authenticated or cross-checked according to their original. *Documentation must be complete on the platform *Signatures cannot be authenticated with photographs ambiental y estudio de impacto ambiental.
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
PROCEDURE a. Access the website http://miambiente.prohonduras.hn b. Access the System (Fill in form and request an access key) c. Enter coordinates (Polygon map for verification) d. Apply for licensing (Fill in company, project and other data) e. Data Processing f. System report (report and On-screen maps, official result report printing and environmental control measures) g. PSA process (The Environmental Service Provider conducts a visit and issues a summary verifying reports and measurements) h. Make payment of the license fee (The System will provide the value of the license fee, calculated on the basis of the amount of the investment, the sector involved. Payment may be made at any local banking institution through a TGR-1 code 12209. i. Make payment for DECA visit (The system will provide the value of the payment for the visit to the site that will serve for DECA to carry out its inspection. This payment must be made in advance at BANADESA Bank) j. Process payment of bank guarantee (The system will provide the value of the bank guarantee; it can be processed in any local banking institution) k. Complete digital file (scan all requested documents and attach them digitally through the system) l. Assemble physical file (make 2 physical copies of the file, one for MiAmbiente, and the other for the investor; authenticated and certified with apostille). m. Delivery of the physical file (The legal proxy delivers the file before the Secretariat General of MiAmbiente; the system issues a receipt voucher that is signed and sealed. n. Results of the system: • If approved, the license is issued (officials sign an operative resolution describing the environmental control measures, as well as the management plans or environmental impact studies to be carried out). • If a consultation is necessary, it is refered to the licensing committee. The committee reviews the file especially the PSA report and the official report, and decides whether to send to review the site. The committee approves or denies. If approved, the license is issued; otherwise, the file is returned.
o. Once the license is approved, operations begin followed by routine compliance monitoring. CATEGORIES a. Category I: Projects, works or activities considered to have a low environmental impact, potential impact, or environmental risk. b. Category II: Projects, works or activities with moderate environmental impact, potential impact or environmental risk. c. Category III: Projects, works or activities with a high environmental impact, potential impact or environmental risk. d. Category IV: Projects, works or activities considered to have a very high environmental impact, potential impact or environmental risk. All projects, works or activities which by their nature fall under the category I are classified as having a very low environmental impact or risk. As such, they will not be subject to compliance with environmental licensing procedures. However, they will be subject to compliance with current environmental legislation and, in addition, with all that applies the code of good environmental practices of Honduras.
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
6.2 REGISTRATION OF TRADEMARKS, PATENTS, COPYRIGHTS AND ELECTRONIC SIGNATURES The Patent is a right granted by the State to a person or company who invents something. It assures the inventor, during an agreed time and under any concept, the non-use by a third party of the invention. Meanwhile, the Trademark is the name of the product or service that differentiates it from the competition. For a trademark to be registered, it must not violate the legal protection of another one. The word identifying the Trademark should be short, simple, and easy to recognize, pronounce, remember and write. It should also be applicable to a service or product of the same line that could be added later. Copyrights are the moral and material rights that correspond to the person who creates original literary or artistic works that are embodied in books or other written works, drawings, photographs, musical compositions, recordings, films and computer programs.They are of international scope andgrant to the creator of the works, the rights of reproduction, derivation, distribution, execution and exhibition. It is very important to register trademarks, patents and copyrights, as this ensures that no one uses them without the consent of the owner. The Electronic signature is the equivalent of the handwritten signature, with which a person accepts the content of an electronic message, through any valid electronic means. All the companies carrying out any of the above activities, must be registered. Who performs the procedure? For a trademark record request, a natural person. For the other procedures, the Legal proxy. Where is done? The Property Institute, Registry Office. All forms can be downloaded from https://www.ip.gob.hn/direccion_propiedad_intelectual . Average Time: 120 business days Cost: It varies according to the type of procedure
IN LEMPIRAS L 100.00 L 700.00 L 350.00 L 500.00 L.100.00 CONCEPT Registry records search Registrationof a trademarkper class Renewal of each trademark Assignment or transfer of each trademarkper class Payment of the annualmaintenance fee for a trademark By surcharge (annual) FEES, SURCHARGESANDANNUAL PAYMENTS FORTHE REGISTRATIONOF TRADEMARKS L 50.00 NO. 1 2 3 4 5 6 * If thebusinesspersonchanges his/her domicile,does not use the trademark, modifies the list of products, or if the owner changes, theDirectorateGeneral of Intellectual Property must be notified
DESIGNATIONOFORIGIN
IN LEMPIRAS L 700.00 L 300.00
NO. 1 2
CONCEPT Registration of a designation of origin Modifications
* The above-mentioned payments shall bemade to the General Treasury of the Republic by means of a payment order issued by the IP.
EN LEMPIRAS L 300.00 CONCEPTO The inscription of expressions or propaganda signs, emblems, signs and distinctive signs, as inscription and annotation of subsequent related transactions, will be subject to a payment. Renewal of each expression or propaganda sign PROPAGANDASIGNS, EMBLEMS, SIGNSANDDISTINCTIVE SIGNS * Los pagos antes mencionados se harán efectivos en la Tesorería General de la República,mediante orden de pago que librará el IP. L 300.00 NO. 1 2
OTHERACTIONS
NO. 1
CONCEPT Search for registration records
IN LEMPIRAS L 100.00
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
REQUIREMENTS: 6.2.1 REGISTRATION OF TRADEMARKS: a. The applicant shall design the label of the trademark to be registered. b. Appear before the IP Industrial Property Registry office, with the designed label. A search for records of the trademark to be registered, can be done, prior submitting the application. c. The procedures to be followed must be carried out by the legal proxy of the company, for which a power of representation must be extended. The following documents shall then be submitted to the counter: • Trademark application form, duly completed. • Official stamp with a value of L 50.00 (contracting stamp). • A copy of the Articles of Incorporation (authenticated). • Present 21 labels of the trademark to be registered (2 inches high x 4 inches wide). • When registered in another country, Certificate of origin (if in another language, translated into Spanish). • Authenticated power of attorney. • Prior to the registration of the trademark, it must be published in the Official Gazette under the authorization of DIGEPI. ONLINE PROCESS What is needed to complete the process? a. Pre-elaborated application. b. Payment Slip of IP form, stamped by the bank. Link: https://apps.sinap.hn/tsr c. 1 digitized label (2x4 inches) d. Copy of the membership card from the bar association of the legal Proxy e. Legal Proxy´s Identity Card f. Applicant´s Identity card (in case of a natural person) g. Authenticated power of attorney of the Legal Proxy
h. Company´s Articles of Incorporation (only for local companies) i. Company´s legal existence Certification (only for foreign companies) j. Certificate of Origin (only when claiming priority) Cost: Fixed costs are L 5,755.00 according to the following detail: a. A stamp of L 50.00 or a corresponding receipt of payment must be attached to the application. It is done at the bank. b. A certificate of authenticity valued at L 500.00, to authenticate copies of documents submitted. (Office of a Notary Public).
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
c. Publications in the Official Gazette: L 4,500.00. This expenditure is incurred until the IP offices have approved the examinations and the publication is ordered. It is done in the National Graphic Arts Company (ENAG). d. Registration fee: L. 700.00. If no third party objected to the registration of the trademark, the registration fee must be paid. This payment is made at the bank, through a payment form or receipt downloaded from the IP website. e. Stamp adhering to Registration Certificate: L. 5.00. Purchased at local banks. *The Lawyer´s professional fees must be added to these fixed costs. Average Time: If the applicant files the application correctly, without errors or omissions and acts with no delay, the application can be resolved in approximately four (4) months. 6.2.2 PATENT REGISTRATION The legal representative must present the following documents at the Industrial Property Register: a. Patent application form duly completed. b. Stamp of Law with a value of L 50.00 (contracting stamp). c. Corporate Identity or Articles of Incorporation d. Power of Attorney e. Present "Descriptive Report" (in digital format and copy) including:
f. Useful descriptions of the patent; invention must be explained clearly and in detail. g. Recognitions h. Summary (taken from description and recognition) i. Photographs, plans, drawings, and any other support information. j. Submission payment: L. 1,500.00 [PCT (Patent Cooperation Treaty) international applications] k. Payment of In-depth Examination: L. 1,500.00 6.2.3 COPYRIGHT REGISTRATION AND RELATED RIGHTS REGISTER OF LITERARY WORKS a. Download the corresponding form from the website www.digepih.webs.com and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Submit two (2) copies of the written and digital work. *The average time to complete the procedure is 10 to 15 days. REGISTRATION OF SOFTWARE a. Download the corresponding form from the website www.digepih.webs.com and submit it to the Copyright and Related Rights Office.
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Submit two copies of software, and written and digital user’s manual. REGISTRATION OF MUSICAL WORK a. Download the corresponding form from the website https://www.ip.gob.hn/direccion_propiedad_intelectual and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Submit two copies of the work (lyrics and music) in digital format. REGISTRATION OF ARTISTIC WORK a. Download the corresponding form from the website https://www.ip.gob.hn/direccion_propiedad_intelectual and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. a. Download the corresponding form from the website https://www.ip.gob.hn/direccion_propiedad_intelectual and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Submit two copies of the work. d. Submit two copies of the work. REGISTRATION OF PHOTOGRAPHS
6.2.4 REGISTRATION OF CONTRACTS AND OTHER ACTS a. Download the corresponding form from the website https://www.ip.gob.hn/direccion_propiedad_intelectual and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Submit 2 copies of the cinematographic work. 6.2.5 REGISTRO DE CONTRATOS Y DEMÁS ACTOS a. Download the corresponding form from the website https://www.ip.gob.hn/direccion_propiedad_intelectual and submit it to the Copyright and Related Rights Office. b. Power of Attorney. c. Download the L 500.00 payment receipt on the website www.ip.gob.hn and submit 2 original receipts. d. Contracts signed abroad, must be submitted certified with apostille and accompanied of a copy.
6. SPECIAL PERMITS 6.3 ELECTRONIC SIGNATURE FOR CERTIFICATION SERVICE PROVIDERS (PSC) In accordance with the LAW FOR ELECTRONIC SIGNATURES of Honduras (approved by decree No 149-2013, published in the Official Gazette, number 33,301 of December 11, 2013), and its regulations [approved by Executive Agreement No. 41-2014, issued on December 12, 2014 (official notice SECM No 155-2015)] and published in the Official Gazette on May 21, 2015 - articles 25 and 40 establish the "ACCREDITATION PROCEDURE FOR CERTIFICATION AUTHORITIES OR CERTIFICATION SERVICE PROVIDERS (PSC, for its acronym in Spanish)”. Accreditation is an administrative process; therefore, the rules and regulations that govern it are part of the national legislation and are available in the Official Gazette. As stated in the subscription of the application, it implies the acceptance and intention to be certified as a provider of certification services (PSC) within its framework. REGARDING THE AUTHORITHY OF THE REPRESENTATIVE OR APPLICANT: The authority of the natural person acting on behalf of the applicant shall be established as follows: a. In case of Legal Entities Incorporated in the country: the powers granted to the representative must be recorded in the power of attorney or mandate that accredits the representation. The presentation of the authenticated or cross-checked copy of the respective power of Attorney will be sufficient for such purposes. b. In case of Legal Entities Incorporated Abroad: the corresponding powers of Attorney or mandates must be certified with apostille or, where appropriate, legalized by a consular official of Honduras. If written in a foreign language, translation into the official language will be required, and the person responsible for the translation must sign the corresponding document. c. In case of State Institutions: the agreement of appointment of the person in charge of directing the office, management, or internal unit in charge of the provision of the digital certification service shall be accredited. The competencies and faculties of this official must also be accredited.
HONDURAS INVESTOR´S GUIDE 2020-2021
REGARDING THE DURATION OF ACCREDITATION: The duration of the authorization granted by the competent administrative authority (AAC) to operate as the certifying authority or certification service provider (PSC) shall be five (5) years from the date of the decision granting it. It may be renewed for equal periods, by the payment of the renewal fee. If the competent administrative authority (AAC) considers it necessary, an inspection or audit shall be carried out to verify compliance with the requirements and the effective provision of accreditation services. REGARDING LIABILITY: Certifying authorities shall be liable for any damage caused during their activities by the certification or approval of certificates of electronic signatures. In any event, it shall be for the certification authorities to demonstrate due diligence.
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
*The accreditation of certifying authorities or providers of electronic signature certification services (PSC) shall be carried out by submitting the corresponding application to the competent administrative authority (AAC). For this purpose, a special form is available on the DIGEPIH website, https://www.ip.gob.hn/direccion_propiedad_intelectual ; to generate the “receipt” in order to cancel the corresponding value for accreditation, access the website www.ip.gob.hn LEGAL COMMITMENT: a. Comply with the certification accreditation requirements demanded by the competent administrative authority (AAC) in accordance with the provisions of the law on electronic signatures and its regulations. b. Comply with the certificate accreditation procedure established by the competent administrative authority (AAC). c. Pay and distribute all administrative and evaluation costs that may arise from the processing of the application for certification. d. Provide access to the information, documents and records necessary to assess and decide whether or not to accredit the required certification. e. In case of being granted the certification, it declares against third parties to be accredited only with respect to the scope of the certification, permanently differentiating from other activities that provide outside that scope. f. The certification services must not be used in a way that calls into question the official structure of the electronic signature affecting the reputation of the Directorate-General for Intellectual Property (DIGEPIH) as the competent administrative authority (AAC). g. In cases of suspension or cancellation of certification, immediately discontinue the use of logos, identifiers or slogans of all documentation and/or administrative or advertising material related to the affected certification. h. Comply with the maintenance of confidentiality of information concerning applicants or holders of electronic certificates, limiting their use to the needs of the certification service. i. Be expressly prevented from selling in any form, databases or digital files containing the personal information of applicants or holders of electronic certificates.
Download the form here: https://www.ip.gob.hn/sites/default/files/doc_pdf/FORMULA RIO%20DE%20ACREDITACION%20PSC%20FIRMA%20ELECT RONICA%20.pdf
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
REQUIREMENTS: a. National Tax Registry (RTN) b. A copy of an Identification
*If the official supervision and audit is carried out other than in office of the Directorate-General for Intellectual Property, the PSC shall provide travel allowances and transportation to the relevant staff, in accordance with the Travel Regulations of the Institute of Property. * The purchase of stamps is done at Banco de Occidente 6.4 BARCODE A unique number, usually assigned to a mass consumption product. These codes are represented by a series of light and dark bars of different widths, which can be automatically identified in the cash register of the point of sale, by means of a computerized system. Who performs the procedure? The businessperson Where Is It Done? The domicile of the Standard One Global Commerce Electronic System -Honduras (in San Pedro Sula at the Chamber of Commerce, and in Tegucigalpa at Torre Metrópolis 4th level, local 20411). Average Time: One business day Cost: If the company is a manufacturer, the annual membership fee depends on the invoicing, or the total sales reported per year according to the sales statement.
c. A copy of Passport d. Power of Attorney e. Proof of Payment f. Name of the Notary that authenticates the documents g. Natural person or legal entity h. Appointment Agreement i. Business name j. Human Resources and Legal Ethics k. Acreditation on Economic and Financial Capacity l. Availability of Information on Signatories m. Accreditation on the capacity and technical elements (Hardware and Software)
COSTS
VALUE IN LEMPIRAS L 7,000.00
TIPE OF SERVICE Submission of the Application for PSC Accreditation Certificate of Approval Application for Renewal of Accreditation Surcharge for late Submission of Renewal Fee for replacement or duplicate of a certificate Representation for Technical Evaluation of a third party and/or foreigner Obtaining a certification of the PSC Merge between PSC Change of domicile of PSC Cancellation of PSC Accreditation Ordinary or Extraordinary Supervision (Art. 52 of the Regulation) Ordinary or Extraordinary Audit (Art. 53 of the Regulation) Other
L 35,000.00 L 35,000.00 L 3,500.00 L 3,500.00 L 3,500.00 L 500.00 L 5,000.00 L 3,500.00 L 5,000.00
FROM 0.00 150,001.00 1,000,001.00 TO 150,000.00 1,000,000.00 ONWARDS ANNUAL BILLING REPORTED IN DOLLARS
ANNUALMEMBERSHIP IN US$ $ 50.00
L 5,000.00 diarios L 5,000.00 diarios L 500.00
$ 100.00 $ 200.00
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
OPENING COSTS
TABLE OF CODING LEVELS
TYPE OF COMPANY Pharmacy Chemist Laboratory
COST L.15,000.00 L.30,000.00 L 30,000.00
TO 25 50 75
FROM 1
ANNUAL UNIT COST IN US$ $ 22.00 $ 17.00 $ 12.00
26 51 76
100 150 ONWARDS
$ 6.00 $ 1.00 $ 0.00
101 151
REQUIRIMENTS: a. Proof of Induction Workshop (if it is the first time working in Pharmaceutical Regency, applies to those inducted into Pharmaceutical Chemists College from 2011 on). b. Professional History (using Pharmaceutical Chemists College format, only applies when already accredited as Regents). c. Proof of Solvency of Membership issued by the Accounting Department of the College of Pharmaceutical Chemists of Honduras. d. A copy of the Regency’s resignation (addressed to the contracting party) or in its absence, Notice of Dismissal and Termination (from the previous Regency) OBS: It must be signed and stamped bythe employer and the Ministry of Health (ARSA). e. Last Original Regency License (from the previous Regent and/or g. External sketch map of the establishment detailing streets, avenue, establishment or house number and reference points (printed on computer.) NOTE: if the establishment will be located in a Mall, market, supermarket, Shopping Center, attach the correspondent sketches, identifying the number of the requested establishment. (do not use Google Maps images) h. Internal sketch map with the dimensions of the establishment, specifying the areas: Regent’s desk (within the customer service area), controlled products section (in a discrete place), refrigerator, sanitary area, shelves, counters, waiting area with chairs for the public (printed on computer). i. Internal and external photographs of the establishment: desk and office chair for the Regent, walls, floors, ceilings, doors in optimal conditions, lighting, appropriate ventilation, and sanitary hygienic conditions; originals in colors, (pasted or printed on paper). personal if applicable). f. Employment contract.
Cost of Coding EAN-8 – Annual value (US$) $. 50.00 Cost of Coding DUN-14 - Annual value (US$) $. 5.00 REQUIREMENTS: a. RTN of the company or of the natural person if a Merchant. b. A copy of the Public Deed and Company Mercantile Registry. c. A copy of the Annual Affidavit of Taxes on Industry, Trade and Services/Annual ISR Declaration. d. A copy of the Identity Card of the Manager, Owner or Legal Representative. e. Sketch map showing the address where the company is located. f. Fill in Application Sheets provided by DISELCO. g. Present a sample of the final product with its appropriate label. 6.5 REGENCY LICENSE AND RECORD OF LOCATION BY OPENING Who performs the procedure? A representative of the company who must be a pharmaceutical chemical doctor, duly registered in full use of his rights. Where Is It Done? At the College of Pharmaceutical Chemists of Honduras (Tegucigalpa, San Pedro Sula) Average Time: One week. Cost: The payment must be made once the documentation is delivered and approved by the Chemical Pharmaceutical Association, not before.
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HONDURAS INVESTOR´S GUIDE 2020-2021
j. Professional services fee contract for opening, authenticated and proof of payment on deposit to bank account. k. A copy of personal documents of the applicant (identity, membership card) and of the owner or legal representative of the company (identity card, company or personal RTN). l. A copy of the Merchant or Company´s Articles of Incorporation, duly registered in the Property Registry (in case of openings, change of owner or others, authorized by the College; submit with original certificate of authenticity). m. A copy of Franchise Agreement (if applicable), authenticated by a Notary public. n. Three equal recent photographs, ID card size and formal dresscode. (In the case of North-Western Zone of Honduras, 4 photographs will be presented). o. Proof of payments corresponding to the requested procedure, after authorization by the Inspectorate. p. Original file and a copy in respective office-size folders with fastener No.8 placed at the top; only in the case of the North-West zone, the original file and two copies must be submitted. The requirements must be sent to: inspectoria@colegioquimicohn.com , with copy to: inspectoriaquimicocqfh@yahoo.com. in a single PDF document. RECOMMENDATIONS: a. Fill in the application with correct information, current date, signed and sealed. Place photo. b. Attach the application and the requirements in the order requested. c. A copy of the identity card and RTN, from both sides. d. For payments of membership fees made at the bank, attach vouchers, and specify which payments were made (If there is any doubt about these, contact the accounting office), and attach proof of payment of L 25.00 for Certification of Solvency. e. Group the photographs of the establishment, from outside to inside, (the necessary ones; it can be groups of 4) and labeled. f. Check e-mail, in the case of any comments received concerning procedure
PAYMENTS
Regency License Proof of location for opening Inspection
L 2,000.00 L 500.00 Depending of the place
BANKS FOR PAYMENT
BANCO DE OCCIDENTE
11-401-005103-8 (Payment of procedure) 11-408-009512-3 (Payments of Quota/Membership) 742711021 (Payment of procedure) 740420291 (Payments of Quota/Membership)
BAC CREDOMATIC
6.6 SANITARY LICENSES The Sanitary License is the authorization for an establishment to manufacture, import, export, transport, distribute, handle, store, package, dispense and release products of health interest, as well as to provide health services once it meets all the technical and legal requirements. 6.6.1 SANITARY LICENSE FOR FOOD AND BEVERAGE ESTABLISHMENTS This license will be granted to establishments that distribute, handle, store and sell food and beverages (excluding factories and their warehouses). Who performs the procedure? A Legal representative Where Is It Done? Health Regulatory Agency (ARSA), Directorate of Food and Beverage Cost: It varies according to the procedure as stipulated in the Agreement 1286-2008 Official Recovery Fees for Services. REQUIREMENTS: a. a. Submission of application to the Health Regulatory Agency, the title of which reads “SANITARY LICENSE APPLICATION” that includes the following information: • Name, identity number of owner or legal representative • Business name • Name of the establishment
6. SPECIAL PERMITS • Address of the establishment, including phone, fax number, and e-mail. • Commercial activity and opening hours • Duration of the license for which the application is submitted. (2, 4 or 6 years) • Place and date of application • Signature of the applicant b. Power of Attorney; original and copy, duly authenticated (where applicable) c. Company or Merchant´s Articles of Incorporation, both original and copy duly registered, or in its absence a copy, duly authenticated. d. Affidavit of new sanitary license for the establishment duly authenticated and signed by the legal representative of the company. e. Sketchmap of the establishment address. f. Distribution plans of the internal and external areas according to the type of establishment and photographs of it. g. Recovery fee for services provided. *Sanitary license for establishments of sanitary interest, at the option of the interested party, shall be valid for two (2), four (4), or six (6) years, from the date of its granting. *Renewal of a sanitary license is only applicable when applying 3 months before the expiry date. A request for an overdue renewal can be made up to 6 months after the expiry date. ONLINE PROCESS https://arsa.gob.hn/paginas/tramites To complete the process, youmust register with a Google account.
HONDURAS INVESTOR´S GUIDE 2020-2021
1. Before completing the form, ensure that all documents are ready for attachment. 2. Complete the form, providing correct and true information, correct requested changes as appropriate otherwise penalties may incur. Complete form in capital letters, without spelling errors and according to the legal supporting documents. 3. Once the form is completed, a confirmation of entry of the application will be received and a file number assigned for new sanitary registration or a confirmation of the file number in case of renewal. 4. There will be sixty (60) business days from the first working day after the end of the State of Emergency, to complete the original documentation and submit it to ARSA. Otherwise, the authorization will be cancelled. Once the state of emergency is suspended, the original documentation must be submitted to ARSA within 60 business days. Otherwise, the authorization will be cancelled. *THE DOCUMENT MUST BE PDF FORMAT (10 MB each); in case of a document larger than one sheet, sheets must be scanned and uploaded as a single file. REMEMBER TO ATTACH LEGIBLE DOCUMENTS. * When presenting the application, keep in mind that the service is provided according to working hours and days. * The name and photograph associated with the Google account will be registered when uploading files and submission of the form.
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
6.6.2 SANITARY LICENSE FOR THE TRANSPORTATION OF FOOD AND BEVERAGE Who performs the procedure? The Legal representative Where Is It Done? The Health Regulatory Agency (ARSA), Directorate of Food and Beverage REQUIREMENTS: a. Submit the application addressed to the Sanitary Regulation Agency, clearly indicating the product to be transported and the conditions under which the activity will be carried out. Duration of the license or renewal is (2, 4, or 6 years), with the following data: • Applicant’s details: name, identity number, Acting As, name or business name, address, phone number, e-mail, previous sanitary license number (for renewals) • Vehicle data: Make Model, type, Engine number, VIN or chassis number, Year, License Plate number. b. Power of Attorney, original and copy, duly authenticated (where applicable) c. Company or Merchant´s Articles of Incorporation, both original and copy, duly registered or failing that, duly authenticated copy. d. Affidavit of new transport sanitary license, duly authenticated and signed by the company’s legal representative e. Legible copy of the current Means of Transport ´s Registration Slip f. Photographs of the vehicle: these must be side, front, and rear of the vehicle, showing the area where the product will be transported and with the vehicle plate number showing. g. Recovery fee for services rendered. *The payment will be made for each modification requested. ONLINE PROCESS https://arsa.gob.hn/paginas/tramites To complete the process, you must register with a Google account. The application must be made online, through the form; within 15 business days, can appear before ARSA office to withdraw the answer to the request; all the attached information must be submitted in physical form.
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HONDURAS INVESTOR´S GUIDE 2020-2021
Instructions: a. Before filling the online form, make sure to have all the documents ready to attach. Ensure the correct payment has been made according to the type of vehicle, requested formalities and validity of the license. b. Complete the form, providing correct and true information, correct requested changes as appropriate otherwise penalties may incur. Complete form in capital letters, without spelling errors and according to the legal supporting documents. c. Once the form is completed, a confirmation e-mail will be received with the file number assigned for new transport license or a confirmation of the file number in case of renewal or modification. d. Once the state of emergency is suspended, the original documentation must be submitted to ARSA within 60 business days. Otherwise, the authorization will be cancelled. * THE DOCUMENT MUST BE PDF (10 MB each); in case of a document larger than one sheet, sheets must be scanned and uploaded as a single file. REMEMBER TO ATTACH LEGIBLE DOCUMENTS. REQUIREMENTS: a. Application (ARSA format) http://www.arsa.gob.hn/descargas/SOLICITUDES/Solicitud% 20para%20Licencia%20Sanitaria%20para%20Transporte%2 0AyB.docx b. Authenticated Affidavit (ARSA format) http://www.arsa.gob.hn/descargas/DECLARACIONES%20JUR ADAS/LSTNDJAyB.docx c. A copy of the Articles of Incorporation d. A copy of the Single Annual Vehicle Fee (Vehicle Registration Slip) e. Photographs of the Vehicle (Photographs must show the conditions of transport of the food and must include exterior photos where the plate number appears) f. Payment receipt g. Power of Attorney (where applicable) h. A copy of previous licenses (in case of renewal and modification)
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
j. Recovery fee for services rendered. *Sanitary license for establishments of sanitary interest, at the option of the interested party, shall be valid for two (2), four (4), or six (6) years, from the date of its granting. * Application for a sanitary license shall be performed for each manufacturing plant, even if located on the same site. *Renewal of a sanitary license is only applicable when applying 3 months before the expiry date. A request for an overdue renewal can be made up to 6 months after the expiry date. * Payment will be made for each modification requested. FOOD AND BEVERAGE SANITARY REGISTER The Sanitary Registry is the authorization for a product of sanitary interest to be manufactured, imported, packaged, or ordered once all the technical and legal requirements are met. They are products of sanitary interest: food and beverages, drugs, cosmetics, hygiene products, dangerous substances, medical devices and equipment, natural products, laboratory reagents and others which are considered by the sanitary authority. Who performs the procedure? The Legal representative Where Is It Done? The Health Regulatory Agency (ARSA), Directorate of Food and Beverage Cost: It varies according to the type of product to register REQUIREMENTS: a. Submit application with the following information: • Data of the Holder: Name of the holder, identification document number, name of the legal representative, identification document number of the legal representative, address, telephone, fax number, e-mail of the applicant; address, telephone, fax number, e-mail of the warehouse or distributor, signature of the holder of the applicant company • Manufacturer’s data: Name of the factory (as shown in the license; indicate if it is local or foreign, number and validity of the permit or license of the factory or warehouse, address, telephone, fax number, e-mail of the factory.) • Product data: Name of the product to be registered, trademark, type, net content, Sanitary Registry number (in case of renewal), country of origin. b. Original Power of Attorney and copy, duly authenticated (where applicable)
6.6.3 SANITARY LICENSE FOR FOOD AND BEVERAGE FACTORIES AND WAREHOUSES Who performs the procedure? The Legal representative Where Is It Done? The Health Regulatory Agency (ARSA), Directorate of Food and Beverage REQUIREMENTS: a. Request to the Health Regulatory Agency including the following information: • Name and business name of the factory and its warehouses • Name of owner or legal representative (for legal entities) • Address of the factory and its warehouses • Phone, fax number and e-mail from the factory and its warehouses • Address of headquarters in case they are different from the factory and its warehouses • Central office phone, fax number and e-mail • Number of employees (excluding administrative) • Type of food produced or stored • Duration of the license for which the application is submitted (2, 4 or 6 years) • Number of previous sanitary license (renewal) b. Power of Attorney, original and copy, duly authenticated (where applicable) c. Affidavit of factory and warehouse new sanitary license duly authenticated and signed by the company’s legal representative. d. Authorization for the location and construction of the factory and its warehouse granted by the competent authority (this requirement only applies for the granting of the sanitary license), where applicable. e. Comply with the environmental requirements established in accordance with the current legislation of each State Party (environmental license, when applicable). f. Sketch map and distribution plans of the factory areas: How to get to the factory or warehouses, as well as the internal and external areas, according to the type of factory or warehousescand photographs of these. g. Company or Merchant´s Articles of Incorporation, and copy of it duly registered, or in its absence, duly authenticated copy. h. List of products to be manufactured in the factory. i. Comply with good manufacturing practices for working factories in accordance with Central American regulations.
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HONDURAS INVESTOR´S GUIDE 2020-2021
c. Original Articles of Incorporation and copy duly authenticated. d. Copy of the current factory’s sanitary license for locally manufactured products or warehouse´s for overseas manufactured products. e. Certificate of free sale (origin or source of the product) according to the legislation of each country, for products imported from third countries. If this document is in a language other than Spanish, present a translation of it, approved by the Ministry of Foreign Affairs. This applies only to products of foreign origin. f. Original label in the case of foods that have not been commercialized in the territory of the requesting party and in process of requesting registration, a project or outline label can be submitted. When the label is in a language other than Spanish, the translation must be submitted. The label must comply with current Central American legislation on labelling. g. Affidavit of new sanitary registration. The affidavit must be duly signed and authenticated by the Legal Representative of the company, or responsible for the Sanitary Registration of the product in Honduras when it is imported. h. Recovery fee for services provided *Renewal of a sanitary license is only applicable when applying 5 months before the expiry date. A request for an overdue renewal can be made up to 6 months after the expiry date. 6.6.4 RECOGNITION OF SANITARY REGISTRY OF PROCESSED FOOD AND BEVERAGE It is a procedure whereby each country accepts that a product registered in another country of the Central American region may be distributed in its territory under the original registration number. This procedure for the recognition of food products shall apply only to products originating in countries of the Central American region. The Mutual Recognition procedure is carried out online. The national manufacturers must request an electronic username at the ARSA website through SAC, where support is available. If the applicant is a distributor in Honduras of products from the Central American area, the username shall be requested to the product manufacturer in their respective country, when the Regional System temporarily ceases to function.
Who performs the procedure? The Legal Representative Where Is It Done? The Health Regulatory Agency (ARSA), Directorate of Food and Beverage Cost: Varies according to the type of product to register. REQUIREMENTS: a. Written application for recognition of registration, containing the following information: • Name or business name of the applicant • Identification number • Address of the applicant • Phone, fax number, and e-mail • Address of the warehouse or distributor in the destination country, phone, fax number, and e-mail • Number of license or sanitary permit and validity of the license of the warehouse of the product in the destination country. b. Product Data: • Product name to be recognized • Factory name and address • Product brand • Net content of the product (all product presentations to be placed on the market) • Sanitary Registry and validity • Country of origin c. Payment for sanitary surveillance derived from the recognition of records, which shall be equivalent to the cost of food registration, as determined by the country recognizing the registration.
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HONDURAS INVESTOR´S GUIDE 2020-2021
FREE SALE CERTIFICATE REQUIREMENTS: a. Application: • Authority to which it is addressed • Product name • Business name of the holder and manufacturer of the product • General data of the applicant • Address of holder and manufacturer
• Place and date of application b. Copy of the Sanitary Registry c. Copy of the Sanitary License d. Payment Receipt ONLINE PROCEDURE INSTRUCTIONS
Before filling in the form, be sure to have all the documents ready to attach, since one of the sections is specific for this purpose; in the same way be sure the correct payment has been made according to the resolution time requested. Step 1: Before filling in the online form, make sure to have all the documents ready to attach. Complete the form, providing correct and true information; correct requested changes as appropriate otherwise penalties may incur. Complete form in capital letters, without spelling errors and according to the legal supporting documents. Step 2: Once the form is completed, a confirmation e-mail will be sent with the assigned file number. Step 3: After verification of the application, an email will sent with a valid document indicating the verification of said document. Step 4: Once the state of emergency is suspended, the original documentation must be submitted to ARSA within 60 business days. Otherwise, the authorization will be cancelled. The requirements to be attached are: a. Application (https://arsa.gob.hn/descargas/Solicitud_de_Agotamiento_ de_Etiqueta.docx) b. A copy of current sanitary license c. A copy of current registration certificate d. Payment receipt e. Power of Attorney (where applicable)
6. SPECIAL PERMITS
HONDURAS INVESTOR´S GUIDE 2020-2021
REQUIREMENTS: a. Application letter for registration with the National Tourism Registry. b. Registration form. c. Corporate or Merchant Articles of Incorporation (duly authenticated). d. Deed of sale; otherwise, property rental agreement where the business will operate (duly authenticated). e. Current operating permit issued by the Municipality where the company is established. Otherwise, present the building permit; if business has branches, present permits for each. f. Copy of the identity card of the company representative. g. Copy of the RTN of the business. h. Sketchmap of the property´s address. i. Photographs of the property. j. Code of Conduct against commercial sexual exploitation of children and adolescents; duly signed. k. Payment in favor of the National Chamber of Tourism of Honduras (CANATURH) for the amount of the registration fee. ADDITIONAL DOCUMENTS BY TYPE OF COMPANY: Hotels a. Map of the establishment, indicating entrances and emergency exits. b. Health License or permit, in case of restaurant or cafeteria.
6.7 NATIONAL TOURIST REGISTRY (RNT) The National Tourism Registry is a tool for statistical information, programming and regulation of all services provided in the country. BENEFITS: 1. Consultations and Advice: RNT processes, legal, administrative and governmental processes, and others. 2. National Tourist Directory located on the official website of CANATURH canaturh.org 3. Access to benefits of Tourism Promotion Law. 4. Access to the registered tourist companies catalogue. Who performs the procedure? The interested party Where Is It Done? The National Chamber of Tourism offices nationwide. Average Time: approximately 10 to 14 business days Cost: It varies according to the type of company and category
REGISTRATION FEES
CATEGORY A
COMPANIES International Airlines Marinas Casinos Convention Centers LODGING Hostels Shared and hotel operations systems Hotels offering 11 services or more Hotels offering 10 services or less Tourism lessors Domestic Airlines Recreation centers / Resorts Dive Centers Tour Operators Tourist Transport Restaurants Travel Agencies Cafeterias Handicrafts Shops and
RENEWAL L 2,000.00
REGISTRATION L 3,900.00
Restaurants y cafeterias a. Current Health License. b. Permit for sale of alcoholic beverages, as case may be.
B
L 500.00 L 1,000.00
L 950.00 L 1,900.00
c. Copy of the establishment menu. Tour operators y travel agencies a. a.
L 2,000.00
L 3,900.00
L 1,000.00
L 1,900.00
Letters of recommendation(3) from companies with which working (international), if the establishment is already operating. Convention Center a. Map of the establishment, indicating entrances and emergency exits. b. Environmental Certification or License. Vehicle rental companies a. Copy of the vehicle lease agreement for customers. b. Copy of the customer insurance agreement
L 1,000.00
C
L 1,900.00
L 500.00
D
L 950.00
Workshops Tour Guides
L 250.00
E
L 500.00
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HONDURAS INVESTOR´S GUIDE 2020-2021
e. Up to a period of ten (10) years: • Exoneration frompayment of the Customs duties of import, selective consumption tariffs, taxes, surcharges, duties, general and special contributions and other customs taxes on the import and local purchase of inputs, goods, materials and equipment directly related to the development, installation, construction, equipment, repair, replacement and maintenance of the Tourism Project. • This exoneration does not cover fees for electronic, security or modernization services, which must be paid for the services and controls provided by the Customs Administration. f. f. Natural or legal persons who wish to benefit from the tax benefits contained in this Law, or who for any reason must process a credit note or tax refund, must comply with the formalities, time limits and procedures contained in the current legal framework. g. gTourism projects enjoy preference and priority in the granting of: • Municipal environmental and construction permits. • Environmental permits and licenses. • The permits and licenses referred to in this subparagraph shall be issued no later than 60 business days after the application. h. Deduct as expense from taxable net income, for the first 250 average minimum wages, the total amount of interest paid for purchases on credit with mortgage guarantee or financial lease of apartments, residences or accomodations in timeshares, from their purchase or lease value, in areas of the country declared as priority for the Tourism Sector through the Council of Secretaries of State. i. Establish investment trusts in real estate or infrastructure projects as investment vehicles directly linked to the tourism activity qualified by the Honduran Tourism Institute. These investment vehicles can only buy, sell, or rent real estate and must have a minimum of 25 investors who are natural persons and none of them can represent more than 20% of the capital to be invested. Legal entities may not participate in these mechanisms.
6.8 TOURISM INCENTIVES LAW According to the Tourism Incentives Law, the individual or corporate merchants, whose activity or branch is directly linked to tourism, and provide the services of hotels, air or water transport of persons, recreation centers, Honduran handicraft shops exclusively, receptive tourism agencies, convention centers and vehicle rental companies, may enjoy the tax incentives granted by the Law. BENEFITS a. Up to fifteen (15) years: • Exemption from Income Tax payment • Exemption from net assets and joint contributions and related tax payment. b. Up to a period of five (5) years: • Exemption from Income Tax and any of its withholdings, on payments of services or fees contracted with national or foreign, natural persons and legal entities, essential for the studies, surveys, installation, implementation, engineering, construction and project monitoring. c. For a non-extendable period of ten (10) years: • Exemption from the payment of the Sales Tax on local purchases of goods and services directly linked to the construction, renovation or restoration, new infrastructure, complementary investments or new investments in the tourism activity qualified by the Honduran Institute of Tourism (IHT, for its acronym in Spanish). d. The projects enjoy all the benefits set out in the Customs Law for the import of machinery and equipment necessary for the construction and maintenance of the project. Such machinery and equipment will be destined solely and exclusively for the project.
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