US embassy cable - 03TEGUCIGALPA885

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 000885 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR PM/DTC, WHA/CEN, WHA/PPC 
COMMERCE FOR 532/OEA 
COMMERCE FOR BUREAU OF INDUSTRY AND SECURITY: BNILSSON AND 
DHOOKER 
 
E.O. 12958: N/A 
TAGS: KOMC, PREL, PHUM, PARM, ETTC, ETRD, BEXP, HO 
SUBJECT: DEFENSE TRADE CONTROLS IN HONDURAS; PROBLEMS WITH 
LA ARMERIA 
 
REF: A. 02 TEGUCIGALPA 3428 
 
     B. 02 SECSTATE 113261 
     C. LYNN-CUMMINS EMAIL 03APR2003 
 
1. (SBU) SUMMARY: La Armeria (The Armory), the only certified 
firearms distributor in Honduras, continues to exhibit 
difficulties in complying with State Department guidance 
regarding the importation of commercial firearms.  In 
December 2002 Post recommended that State deny La Armeria's 
request to import pistols, revolvers, rifles, and the 
corresponding ammunition.  This recommendation was supported 
by a variety of factors, including the inordinately high rate 
of violent crime in Honduras, the lack of any meaningful arms 
control or regulation by the government, and because La 
Armeria continues to do business without firm purchase 
orders, sales contracts, or import licenses.  Recently, La 
Armeria contacted Post expressing an interest in once again 
importing firearms and ammunition for commercial use.  Post 
reiterated the legal requirements with which La Armeria must 
comply before any import license can be approved.  Post also 
notes its concurrence with PM/DTC that all Honduran 
applications must have a specific import certificate and that 
verification of end use is an important aspect of defense 
trade controls that continues to be problematic in Honduras. 
END SUMMARY 
 
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OAS Model Regulations 
--------------------- 
 
2. (SBU) The Government of Honduras (GOH) is a signator of 
the OAS Model Regulations for the Control of the 
International Movement of Firearms, although it has yet to 
ratify the agreement.  Nevertheless, the MFA has informed 
Post that it considers the OAS regulations legally binding 
and that the GOH will comply with its regulations.  The 
agreement requires that the GOH establish an effective import 
regime and that all firearms import requests be accompanied 
by a GOH import certificate. To date, it appears that the GOH 
has yet to establish such a regime.  Also, Post is not aware 
that the GOH has ever issued an import certificate. 
 
3. (SBU) PM/DTC has indicated that it will not consider 
Honduran firearm and ammunition license applications which 
are not accompanied by a GOH import certificate.  La Armeria 
has been made aware of this requirement (ref C). 
 
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Purchase Orders and/or Sales Contracts 
-------------------------------------- 
 
4. (U) Post understands that in order to obtain a license 
from the Department of State, a U.S. firm or individual 
seeking an export license must have a firm purchase order or 
sales contract from the buyer (ref B).  Letters of intent, 
invoices, unconfirmed statements of purchase projections, or 
likely purchases are not sufficient to meet the requirements 
for issuance of such a license.  It has been the standard 
operating procedure of La Armeria not to enter into firm 
contracts of sale or purchase orders, but rather to routinely 
make projections of arms and munitions that they might or 
might not purchase.  Past investigations at Post have 
indicated that many times La Armeria obtains "quotes" or 
"bids" from more than one arms manufacturer for exactly the 
same product.  Thereafter, they might or might not purchase 
the arms from one of more of the companies that gave them 
quotes (ref A).  Post has informed La Armeria that future 
applications must contain firm purchase orders and/or sales 
contracts.  La Armeria acknowledges that past applications 
have lacked firm purchase orders or sales contracts and has 
indicated that all future orders will comply with this 
requirement. 
 
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La Armeria's Position 
--------------------- 
 
5. (U) Article 292 of the Honduran Constitution grants the 
Honduran Armed Forces the exclusive right of "fabrication, 
importation, distribution, and sale of firearms, ammunition, 
and similar items."  The constitutional powers of the armed 
forces in the specific cases of commercial and sporting 
activities have been delegated to the Institute of Military 
Provision through a dependency called La Armeria.  This makes 
La Armeria the sole distributor of commercial and sporting 
firearms in Honduras.  La Armeria (run by active-duty 
military officers) has stated that its special relationship 
granted under the Honduran constitution exempts the 
organization from the requirement to have import certificates 
issued by the GOH. Post notes that in the past, La Armeria 
has been hampered by corruption. 
 
----------------------------------- 
End Use and Security Considerations 
----------------------------------- 
 
6. (SBU) Post understands that verification of end use is an 
important aspect of defense trade controls and that Post 
plays a critical role in this effort.  Post carefully 
analyzes all applications whereby sales are being proposed 
for "uncontrolled" sales for public use.  Recent applications 
for export licenses to Honduras have indicated that firearms 
and ammunition were intended for commercial resale to retail 
customers or governmental agencies.  Post understands that 
the appropriate standard to apply in situations such as this 
is whether or not the conditions in the country warrant the 
described sale. 
 
7. (SBU) Honduras has no effective arms control or 
regulation.  Honduran armed forces continue to be deployed to 
augment police units throughout Honduras in an effort to 
combat crime and provide a modicum of security.  Honduras has 
one of the highest homicide rates in the Western Hemisphere 
and gang violence continues to be a serious issue.  There is 
also a high rate of extrajudicial killings, especially of 
adolescents and young adults, mostly by firearms.  Finally, 
President Maduro has publicly raised concerns about the 
proliferation of weapons in Honduras and illicit arms 
trafficking remains a problem.  La Armeria has been informed 
that Post must take local considerations into account when 
considering whether or not to recommend a particular export 
license, regardless of whether the proper documentation has 
been submitted to State for consideration. 
 
8. (U) PolOff and A/DATT are attempting to arrange a meeting 
with La Armeria representatives at the earliest possible 
convenience in order to convey once again the legal and 
procedural requirements necessary to import firearms and 
ammunition from the United States. 
 
Palmer