WORLD TRADE  
ORGANIZATION  G/LIC/N/3/HND/1/Add.1 
26 March 2010 
 (10-1656) 
Committee on Import Licensing Original:   Spanish 
  
 
REPLIES TO THE QUESTIONNAIRE ON IMPORT LICENSING 
PROCEDURES APPLIED TO DAIRY PRODUCTS 
BY THE REPUBLIC OF HONDURAS 
 
Notification under Article 7.3 of the Agreement on
 
Import Licensing Procedures  
 
HONDURAS 
 
Addendum  
 
  The following communication, dated 14 January 2 010, is being circulated at the request of the 
delegation of the Republic of Honduras.  
_______________ 
 
Outline of systems
 
 
I. AUTOMATIC IMPORT LICENSING FOR DAIRY PRODUCTS 
 The automatic import licensing system for dairy products was established in keeping with the 
guidelines of the WTO Agreement on Import Licensing Procedures. 
  In short, economic operators wishing to import dairy products or by-products are required to 
submit an application to the Directorate-General for Economic Integration and Trade Policy of the 
Secretariat of State for Industry and Trade.  App lications must include ge neral information on the 
importer, details concerning the type (s) of product and the quantities to be imported, and a copy of the 
sanitary requirements and formalities in force in the country. 
  Import licences are mandatory for all imports covered by the system, with the exception of 
frontier traffic, small, non-commercial consignm ents for household use and samples with no 
commercial value.  Donations are also exempted, pr oviding that they are acco mpanied by a document 
certifying that they are being imported under a donation scheme. 
  Import licence procedures are entirely free of char ge.  Licences were originally issued within 
a maximum of ten days;  however, this period has now  been reduced to a maximum of five official 
working days. 
 
 It should be noted that licences do not limit or restrict the number or volume of imported products and importers may request one or several licences at a time.   An import licence does not preclude the need to comply with other customs and administrative formalities, nor does it exempt products from import duties. 
 G/LIC/N/3/HND/1/Add.1 
Page 2  
 
  Purposes and coverage of licensing
 
 
II. AUTOMATIC IMPORT LICENSING FOR DAIRY PRODUCTS 
04.01  Milk and cream, not concentrated or containing added sugar or other sweetening 
matter. 
 
04.02  Milk and cream, concentrated or contai ning added sugar or other sweetening matter. 
 04.03  Buttermilk, curdled milk and cream, yogur t, kephir and other fermented or acidified 
milk and cream, whether or not concentrat ed or containing added sugar or other 
sweetening matter or flavoured or containing added fruit, nuts or cocoa. 
 04.04  Whey, whether or not concentrated or  containing added suga r or other sweetening 
matter;  products consisting of natural milk constituents , whether or not containing 
added sugar or other sweetening matter, not elsewhere specified or included. 
 
04.05  Butter and other fats and oils derived from milk;  dairy spreads. 
 04.06  Cheese and curd.  1901.10  Preparations for infant use, put up for retail sale. 
 
1901.10.1 Preparations of goods of headings 04.01  to 04.04, none of the components of which 
have been totally or partially substituted by other substances. 
 1901.90.20 Modified milk, in powder form, other than that of subheadings 1901.10.11 and 
1901.10.19. 
 1901.90.90 Other.  2106.90.60 Dairy product substitutes (including imitation pr ocessed cheese, coff ee creamers, and 
powdered soya milk). 
 
3. The system is applied on an MFN basis a nd therefore concerns imports from all over the 
world.  4. The import licensing system for dairy products does not limit the volume or number of 
imported products.  Its objective is to: 
 (a) Establish descriptions of all imported dairy products in order to check with the customs 
authorities whether the imports are being classifi ed correctly.  Indeed, certain inaccuracies in 
tariff classification have been noted as a result of inadequate product descriptions; 
 
(b) gain more specific knowledge of the import/ma rketing sector so as to ascertain with the 
country's health authorities whether impor ters of dairy products meet the sanitary 
requirements for domestic marketing of such products; 
 (c) accurately quantify the volumes of im ported dairy products  and by-products. 
 
 Please note that activities are being conducted in conjunction with the customs authorities to edit import statistics and ensure the correct classification of dairy products.   G/LIC/N/3/HND/1/Add.1 
 Page 3 
 
 
   As to whether any other methods were consid ered as an alternative to import licensing, it 
should be noted that a licensing system impos ing no limits on import volumes and applied on the 
basis of the guidelines and provisions established in the WTO Agreement on Import Licensing Procedures was considered following the very first complaints submitted by the dairy sector. 
 
5. The import licensing system for dairy pr oducts was established pursuant to Executive 
Decision No. A-024-2009 of 24 September 2009, published in Official Journal ( La Gaceta ) 
No. 32,067 on 19 November 2009.  This Executive Decision was subsequently  amended pursuant to 
Executive Decision No. 041-2009 of 18 November 2009, which is in the process of being published in 
the Official Journal. 
 
 Import licences are required for all imports covered by the system, except for frontier traffic, small, non-commercial consignments for househol d use and samples with no commercial value 
specified in Honduran customs legislation.  Donatio ns must be accompanied by a document certifying 
that they are being imported under a donation scheme. 
 
 The Government of Honduras administers the import licensing system for dairy products through the Secretariat of State for Industry and Trade.  The President of the Republic (or the Executive) does not require legislative approval to include or exclude products or to abolish the 
licensing system.  Procedures
 
 
6.I. The import licensing system applied by the Government of Honduras does not limit the 
volume of imports or the number of imported products.  It should be noted that the system 
was extensively discussed with the sectors concerne d before its entry into force.  Meetings 
were held with associations and unions, and the Decision bringing the system into effect was 
published.  All relevant information is  published in the Official Journal. 
 
Requests for exceptions to or exemptions fro m the import licensing requirement for dairy 
products, together with the reasons for maki ng such a request, may be submitted to the 
Directorate-General for Economic Integration and Trade Policy of the Secretariat of State for 
Industry and Trade. 
 II. This question is not applicable, given that the system in effect does not limit the number of 
products to be imported or the volume of im ports.  A separate import licence is, however, 
required for each shipment.  There is no limit on the number of import licence applications 
that may be submitted by an importer, provi ded that the relevant sanitary and health 
requirements are met. 
 III. The current licensing system does not involve quantification or form part of the import quota 
regime.  Nor does it limit the importation of cer tain products.  The Decision establishing the 
system does not therefore envisage measures to  check whether the volumes indicated have 
actually been imported. 
 
The Honduran Government's Secretariat of State for Industry and Trade has not yet notified the measure to all the countries from which dairy products are imported.  Only the 
Central American countries have been notified. 
 
IV. This question is not applicable, given that the import licensing system for dairy products is 
not in any way related to applications for import quota shares. 
 G/LIC/N/3/HND/1/Add.1 
Page 4  
 
   Import licence applications may be submitted at  any time of the year, without any associated 
time-limits. 
 V. Under Executive Decision No. A-024-2009 of 24 September 2009, import licences were to be 
issued within a maximum period of ten days.  However, under Executive Decision 
No. 41-009 of 18 November 2009, this time-limit was reduced to a maximum of five official 
working days.  It should be noted that in exceptional cases, a licence may be applied for and 
issued on the same working day. 
 VI. Import licences for dairy products can be used immediately.  There is therefore no minimum 
time-period between the granting of a licence a nd the opening of the period of importation. 
 VII. Import licences for dairy products are requested  from, processed and issued by the Secretariat 
of State for Industry and Trade.  No other administrative body need be approached. 
 
 Executive Decision No. A-024-2009 of 24 September 2009 originally provided that 
applications were to be submitte d to the General Secretariat of the Secretariat of State, which 
forwarded them to the Directorate-General for Economic Integration and Trade Policy for 
processing.  Executive Decision No. 41-2009 of 18 November 2009 dispensed with the need 
to submit applications to the General Secretar iat and provided that the Directorate-General for 
Economic Integration and Trade Policy would receive and process applications and issue 
import licences. 
 VIII. This question is not applicable given that the licensing system does not limit the volume of 
imports or the products to be imported.  Th e licences bear no relationship to import quotas. 
 
IX. Not applicable. 
 X. The import licensing system for dairy products does not make the granting of licences subject 
to permits being issued by exporting countries. 
 XI. Under the import licensing system for dairy products, the issuing of licences is not conditional 
on the product being exported or not sold in the domestic market. 
 7(a) Pursuant to Executive Decision No. 41-2009, import licences are issued within five official 
working days and come into effect immediately.   They may also be issued within a shorter 
time-frame in special circumstances.  It h as been known for the Directorate-General for 
Economic Integration and Trade Policy to issue a licence on the same official working day as 
that on which the licence application was made. 
 (b) The import licensing system for dairy products does not restrict the number of licences that 
may be granted on the same official working day as the application filing date.  Applicants must, however, meet every one of the requirem ents laid down for the issuing of licences. 
 
(c) The import licensing system for dairy products does not impose limitations as to the period of 
the year during which applications for import licences may or may not be made. 
 (d) Import licences for dairy products are requested from, processed and issued by the Secretariat 
of State for Industry and Trade.  No other administrative body is required for the purposes of 
visa, recording or approval. 
  G/LIC/N/3/HND/1/Add.1 
 Page 5 
 
 
   Executive Decision No. A-024-2009 of 24 September 2009 originally provided that 
applications were to be submitte d to the General Secretariat of the Secretariat of State, which 
forwarded them to the Directorate-General for Econ omic Integration and Trade Policy for processing.  
Executive Decision No. 41-2009 of 18 November 2009 dispensed with the need to submit 
applications to the General Secretariat and pr ovided that the Directorate-General for Economic 
Integration and Trade Policy would receive and process applications and issue import licences. 
 8. Executive Decision No. A-024-2009 of 24 September 2009 implementing the import licensing system for dairy products does not specify any circumstances under which an import licence may be refused other than failure to meet the established requirements.  Any applicant whose 
application is rejected is, however, entirely free to re-submit the request to the Directorate-General for 
Economic Integration and Trade Policy, once the unfulfilled requirement has been met. 
 
Eligibility of importers to apply for licence
 
 9. Pursuant to Executive Decision No. A-024-2009 of 24 September 2009, amended by 
Executive Decision No. 41-2009 of 18 November 2009,  economic operators interested in importing 
dairy products or by-products are assigned a numbe r in the dairy product importers register, which 
was established under that same Executive Decision.  Registration is free of charge but requires 
importers to provide the following information:  
 - Name, trade name or corporate title, telephone number, fax number and e-mail 
address; 
 - name of legal representative;  - photocopy of identity card or copy of residence permit in the case of foreigners;  - copy of national tax registration; 
 - copy of valid sanitary licence i ssued by the competent authority. 
 
Documentational and other require ments for application for licence
 
 
10. Pursuant to Executive Decision No. A-024-2009 of 24 September 2009, amended by Executive Decision No. 41-2009 of 18 November 2009, import licence applications must include the 
following: 
 (a) Name, trade name or corporate title of the applicant;  (b) importer's registration number; 
 
(c) requirement withdrawn under Executive Decision No. 041-2009;  (d) trade name of the product to be imported;  (e) technical description of the product to be  imported, specifying its composition and the 
relevant tariff heading (04.01 to 04.06;  1901.1;   1901.90.20;  1901.90.90;  or 2106.90.60).  
The description must clearly indicate whether the product in question is "infant formula", "follow-up formula", or another type of food pr eparation regulated by the current Decision; 
 (f) quantities to be imported in kilograms or litres, as applicable, and values in US dollars or the 
equivalent in lempiras at the current exchange rate;  country of provenance and likely date of 
importation; 
 G/LIC/N/3/HND/1/Add.1 
Page 6  
 
  (g) photocopy of the official sanitary export and import certificate issued by the National 
Agricultural Health Service (SENASA) in acco rdance with the procedures and requirements 
set forth in the Regulations for the Sanitary Inspection and Certification of Milk and Dairy 
Products (Decision No. 656-2001).  This require ment does not apply to imports of tariff 
subheading 2106.90.60. 
 
 Article 4 of Executive Decision No. A-024-2009 provides that for customs purposes, the trade 
name and technical description referred to in paragrap hs (d) and (e) must coincide with the description 
set forth in the Single Customs Declaration (DUA) when the product is being imported from outside 
Central America, and with the description in th e Central American Single Customs Form (FAUCA) 
when the product is being imported from within Central America under the General Treaty on Central 
American Economic Integration.  11. For imports of dairy produc ts and by-products covered by the import licensing system, the 
sanitary and customs documents required for all other types of imports are required in addition to the 
import licence. 
 12. Executive Decision No. A-024-2009 of 24 September 2009 implementing the import licensing system for dairy products stipulates that im port licences are to be free of charge and that no 
fees are to be levied for the processing or issuing thereof.  
13. No deposit or advance payment requirement is associated with the import licensing system for 
dairy products.  
Conditions of licensing
 
 14. Import licences for dairy products are valid for 60 days. 
  Executive Decision No. A-024-2009 of 24 September 2009 does not provide for extending the validity of licences already issued.  Importers  may, however, request a new licence or avail 
themselves of the procedure laid down in Article 44 of the Law on Administrative Procedure (Legislative Decree No. 152-97). 
 
15. There are no penalties for non-utilization or pa rtial utilization of an import licence for dairy 
products.  16. Executive Decision No. A-024-2009 of 24 Sept ember 2009 stipulates that import licences are 
non-transferable. 
 17. The import licensing system for dairy products is not subject to any condition restricting the amount of imports, nor is it linked or subject to  conditions established for products under import 
quotas agreed on by Honduras in its trade negotiations.  Other procedural requirements
 
 
18. It should be noted that import licensing c overs dairy products included in the import quotas 
agreed on by Honduras under the various Agreements in force in the country.  Licensing does not, however, restrict or otherwise impact on procedures for the issuing of import quota certificates. 
 
19. There is no connection between the import licensing system for dairy products and the 
obtaining of foreign currency to import dairy products.  
__________