US embassy cable - 04TEGUCIGALPA1280

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