HONDURAS BACKGROUND CHECK

General Information

GDP USD19.47bn (World ranking 110, World Bank 2014)
Population 8.26 million (World ranking 95, World Bank 2014)
Form of state Democratic Constitutional Republic
Head of government Juan Orlando Hernandez
Next elections 2017, presidential and legislative

CURRENT LOCAL TIME

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PRODUCTS IN HONDURAS

Data Protection

Honduras

Contributions Details

Julio Alejandro Pohl García Prieto

Associate

bufete Gutiérrez Falla y Asociados

Avenida La Paz, # 2702, Tegucigalpa, Honduras

Law

Personal Data Protection is regulated mainly in:

1) National Constitution

: Article 182 provides the constitutional protection of Habeas Data, giving individuals the right “to access any file or record, private or public, electronic or hand written, that contains information which may produce damage to personal honor and family privacy. It is also a method to prevent the transmission or disclosure of such data, rectify inaccurate or misleading data, update data, require confidentiality and to eliminate false information. This guarantee does not affect the secrecy of journalistic sources.”

 

2) Law of the Civil Registry

(Article 109, Decree 62-2004). This Law refers only to public personal information that is contained in the archives of the Civil Registry.

3) Law for Transparency and for Access to Public Information

(Article 3.5,
Decree 170-2006). This law enables the access of any person to all the information contained in public entities, except that which is classified as “Confidential.” It also extends the Constitutional Protection of Habeas Data and forbids the transmission of personal information that may cause any kind of discrimination or any moral or economical damage to people.

Definition of Personal Data

Public Personal Data under the Law of the Civil Registry is: “Public data whose disclosure is not restricted in any way, and includes the following: (a) names and surnames; (b) ID number; (c) date of birth and date of death; (d) gender; (e) domicile (but not address);

(f ) job or occupation; (g) nationality; and (h) civil status.”

Definition of Sensitive Personal Data

Sensitive Personal Data in the Law for Transparency and for Access to Public Information is

defined as: “Those personal data relating to ethnic or racial origin, physical, moral or emotional

Characteristics, home address, telephone number, personal electronic address, political

participation and ideology, religious or philosophical beliefs, health, physical or mental status, personal and familiar heritage and any other information related to the honor, personal or family privacy, and self-image.”

Other Definitions:

Consent: Written and express authorization of the person to whom the personal data refers in order to disclose, distribute, commercialize, and/or use it in a different way as it was originally given for.

Confidential Information: Information provided by particular persons to the Government which is declared confidential by any law, including sealed bids for public tenders.

Classified Information: Public information classified as that by the law, and/or by resolutions issued by governmental institutions.

National Data Protection Authority

Two entities protect personal data:

1) National Civil Registry (http://www.rnp.hn).

2) Institute for the Access to Public Information (http://www.iaip.gob.hn).

Registration

Only “Obligated Entities” must inform the Institute for the Access to Public Information of their databases. Obligated Entities are: (a) government institutions, (b) NGO’s, (c) entities that receive public funds and (d) trade unions with tax exemptions.

The Institute for the Access to Public Information will maintain a list of the databases of the above-mentioned entities.

Data Protection officers

Only Obligated Entities must appoint a data protection officer.

Collection and Processing

Individuals, companies, and/or Obligated Entities that because of their work collect personal data may not use sensitive personal data or confidential information without the consent of the person to whom such information refers.

However, consent is not required to use or transfer personal data in the following cases:

  • if the information is used for statistical or scientific needs, but only if the personal data is provided in a way that it cannot be associated with the individual to whom it relates;
  • if the information is transmitted between Obligated Entities, only if the data is used in
  • furtherance of the authorized functions of those entities;
  • If ordered by a Court;
  • If the data is needed for the purpose it was provided to the individual or company to perform a service. Such third parties may not use personal information for purposes other than those for which it was transferred to them; and
  • 5. In other cases established by law.

Transfer

Individuals and/or companies may not transfer, commercialize, sell, distribute or provide access to personal data contained in databases developed in the course of their job, except with the express and direct written consent of the person to whom that data refers, subject to the exceptions set forth above.

Security

The Institute for the Access to Public Information has the authority to enforce all obligated entities to take necessary security measures for the protection of the personal data they collect and/or use.

The Law neither clarifies nor specifically identifies the security policies or security mechanisms that Obligated Entities must comply with.

As a general statement, the Institute for the Access to Public Information has to warrant the Security of all Public Information, of all information classified as confidential by public entities, of all sensitive personal data, and of all information to which the Law gives a secrecy status.

Breach notification

Breach notification is not required.

Enforcement

The Institute for the Access to Public Information may receive complaints of abuses regarding the collection of personal or Confidential Data.

The Institute will impose corrective measures and establish recommendations for those persons or companies who disclose Personal Data, Sensitive Personal Data or Confidential Data without authorization.

Electronic Marketing

There is no law in relation to electronic marketing, nor any regulation on this subject.

Online Privacy (including Cookies and Location Data)

There is no law in relation to this issue, nor any regulation on this subject.

The Republic of Honduras has a set of provisions related to the criminalization of acts of corruption in its Criminal Code.

(In Spanish)

CÓDIGO PENAL

CAPÍTULO V

COHECHO

Artículo 361

El funcionario o empleado que solicitare o recibiere, por si o por persona intermedia, dadiva o presente, o aceptare ofrecimiento o promesa por ejecutar un acto relativo al ejercicio de su cargo que constituya delito, será castigado con reclusión de dos a seis años, sin perjuicio de la pena correspondiente al delito cometido en razón de la dadiva o promesa.

Artículo 362

El funcionario o empleado que solicitare o recibiere, por si o por persona intermedia, dadiva o presente, o aceptare ofrecimiento o promesa por ejecutar un acto injusto, relativo al ejercicio de su cargo, que no constituya delito, y que lo ejecutare, incurrirá en uno a tres años de reclusión.

Si el acto injusto no llegare a ejecutarse, se impondrá de tres a seis meses de reclusión.

Artículo 363

Cuando la dadiva solicitada recibida o prometida tuviere por objeto que el funcionario o empleado se abstenga de un acto que debiere practicar en el ejercicio de los deberes de su cargo la pena será la reclusión de seis meses a un año.

Artículo 364

Lo dispuesto en los tres Artículos precedentes tendrá aplicación a los árbitros,arbitradores, peritos o cualesquiera personas que desempeñen una function pública.

Artículo 365

El funcionario o empleado que aceptare regalos que le fueren presentados por personas que tengan algún asunto pendiente ante él, será castigado con la pena de inhabilitación especial de seis meses a un año.

Artículo 366

Quienes con dadivas, presentes, ofrecimiento o promesas corrompieren a los funcionarios o empleados, serán castigados con las mismas penas personales o pecuniarias que los sobornados.

Artículo 367

Cuando el soborno mediare en causa criminal a favor del reo, por parte de su cónyuge o de algún ascendiente, descendiente, hermano o a fin en los mismos grados, sólo se impondrá al sobornante una multa de cien a trescientos lempiras.

Artículo 368

En todo caso, las dadivas o presentes serán decomisados.

Artículo 369

El Juez que aceptare promesa, dadiva o préstamo para dictar, demorar, o abstenerse de dictar una resolución o fallo en asunto sometido a su conocimiento, incurrirá en reclusión de dos a seis años.

Incurrirá también en la pena señalada en el párrafo anterior el funcionario que siendo miembro de un Tribunal colegiado, emitiere por cohecho un voto contrario a la ley, cuando su voto no haya concurrido a formar sentencia.

Police Background Check Procedures

Applications must be made in person or by an authorized third party.

Risk

Sovereign risk

The country’s CCC rating reflects a wide fiscal deficit and a high public debt/GDP ratio, but an IMF deal will provide additional budgetary support, as well as credibility. Fiscal consolidation has been measurably successful in 2014, and conditions tied to the IMF deal will force the government to maintain the policy course throughout the forecast period.

Banking sector risk

Financial soundness indicators have deteriorated over the past year, as has profitability, but not significantly enough to weigh on the rating. Supervision and regulatory capability are improving, but credit-risk management remains poor. Low dependence on wholesale markets helps to insulate the domestic banking sector from global volatility.

Political risk

Political stability is affected by high crime rates and the likelihood of an even more fractious political environment throughout the new government’s term, given its lack of control over the legislature, coupled with the more antagonistic stance of various opposition parties.

Economic structure risk

The country’s heavy reliance on concessional external financing and workers’ remittances, as well as its narrow industrial and export base, keep the economy somewhat vulnerable to shocks. However, more prudent macroeconomic and monetary management under the current government will help to bolster stability.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Crime

Exercise a high degree of caution throughout Honduras, which has one of the highest homicide rates in the world. Drug trafficking, transnational organized crime and the presence of street gangs pose significant security concerns and contribute to the high rate of crime. Apprehension and conviction rates of criminals remain low. A large percentage of the population is armed. Guns and weapons such as machetes and knives are frequently used in robberies. If you are threatened by robbers, do not resist; injuries and deaths have occurred when victims have resisted.

Serious crime—including armed robbery, kidnapping, carjacking, home invasion and sexual assault—is common, and armed attacks on marine vessels have been reported. Although most criminals do not target tourists, some have been victims of crime in major cities and in areas frequented by tourists, especially at night. Exercise increased vigilance in the departments along the Atlantic coast, along the border with Guatemala and in the eastern departments of Gracias a Dios, Olancho and Colón, and in rural areas north of Nacaome, Valle, and north of Choluteca, Choluteca. Exercise increased caution while in the cities of San Pedro Sula (including in vehicles leaving the airport), the Bay Islands (comprising Roatán, Útila and Guanaja), Trujillo and Tegucigalpa.

In Roatán, robbers have targeted homes and long-term leased residences. Since 2009, three Canadian citizens have been murdered in the Bay Islands. Travellers visiting the Bay Islands should exercise particular caution around uninhabited coastal areas and avoid walking on isolated beaches, especially at night. Foreigners have been assaulted on beaches in the Bay Islands and along the Atlantic Coast.

Travellers have been followed and assaulted. Use discretion when discussing your travel plans in public. Be cautious when dealing with strangers or recent acquaintances and be extremely careful when accepting rides or invitations. Remain aware of your surroundings at all times, especially after dark and when travelling alone.

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.

In resort areas, stay on supervised beaches and do not walk in isolated or unpopulated areas. Hitchhiking is strongly discouraged everywhere in the country. Campers should always stay in well-lit campgrounds that have security patrols. Whenever possible, walk in a group, as there have been reports of attacks on tourists walking alone.

Petty crime, such as pickpocketing and bag snatching, is prevalent. Be highly vigilant at all times, including in the vicinity of hotels, airports, bus terminals, shopping malls and other public places. Do not display signs of affluence, such as jewellery, watches, cameras, phones, cash and bank or credit cards. Use only automated banking machines (ABMs) found in well-lit public areas or inside banks, and do so during the day only. Remain alert to your surroundings after using ABMs, and avoid carrying large sums of money. Avoid walking or travelling alone and after dark, particularly in and around the country’s two largest cities, Tegucigalpa and San Pedro Sula, as well as in Atlántida, Cortés, Colón, Yoro, Copán, Ocotepeque, Gracias a Dios and Olancho departments.

Ensure that your personal belongings, passports and other travel documents are secure at all times. Carry photocopies of your travel documents, and leave the originals in a secure hotel safe.

Narcotics smuggling and violence pose threats to the security of travellers in the northern departments of Colón, Gracias a Dios and Olancho, which are among the most violent departments in Honduras. Travellers in these areas should be particularly vigilant, as there have been incidents involving roadblocks and violence related to land disputes, particularly in the Aguan Valley in Colón and Yoro and in the north coast area near Trujillo.

You should exercise caution at borders with Guatemala, El Salvador and Nicaragua and use official border points only. You should cross borders in the morning, as border crossings sometimes close unexpectedly early in the evening.

The judicial and criminal investigation systems lack personnel, equipment and resources and have limited capacity to confront crime. You should exercise caution when dealing with police officers because corruption exists within parts of the police force.

Demonstrations

Occasional demonstrations and strikes addressing various grievances occur in the capital and in other cities and can cause significant traffic disruptions. In Tegucigalpa, demonstrations are known to target the National Congress, Central Park and Presidential House, and often transit along Suyapa Boulevard and Miraflores Boulevard. Avoid demonstrations and large crowds, as they can turn violent with little notice, and stay alert, exercise caution and keep informed of possible roadblocks.

Landmines

In 2004, Honduras concluded all planned projects related to the destruction of antipersonnel mines. No incidents involving landmines have been reported since 2012; however, you should still be cautious along the Honduras-Nicaragua border, especially in the Río Coco region, the Choluteca and El Paraíso departments and near the Atlantic coast. Restrict travel to major thoroughfares and authorized border crossings.

Border crossing fees

To avoid possible excessive charges at land border crossings, determine the correct fees from the embassy or consulate of each country you plan to visit before presenting yourself at a border crossing.

Road travel

Robberies and bus/carjackings occur along Honduran highways. Intercity public transportation should be avoided; if used, it is recommended to use companies that have direct, non-stop service from your place of departure to your destination. If driving, travel with heightened awareness along all routes. Plan your travel to depart and arrive within daylight hours and allow for possible traffic delays, which can include frequent car accidents along roads, slow moving trucks and overloaded vehicles, poorly maintained roads and high traffic volume in San Pedro Sula and Tegucigalpa.

Armed robberies and assaults frequently occur along Route 41, the road from Limones to La Unión, Olancho, and northward via Yoro to Saba, Colón; within the Sula Valley in northern Honduras; and route 39 between Gualaco and Bonito Oriental, Olancho. Avoid roads that are in disrepair and travelling through isolated areas, including the road from El Porvenir, Francisco Morazán, to Yorita, Yoro; from Marcala, La Paz, to La Esperanza, Intibucá; and from Orocuina to Morolica, Choluteca. Travel with high caution en route to El Progreso, Tela, Trujillo and La Ceiba, and on the road through Santa Bárbara. Travelling on major roads between towns and cities is safer than travelling on secondary or remote routes.

Heavy rains, flooding, landslides and bridge collapses have damaged many roads. Roads are often poorly delineated with inadequate lighting. Avoid driving at night, as vehicles often have poor lighting and animals and pedestrians commonly travel on roads after dark. Traffic accidents are a common cause of death and injury. Drivers involved in road accidents where another person is badly injured may be held in custody, regardless of culpability.

The most dangerous stretches are from Tegucigalpa to Choluteca (winding two-lane mountain roads); from El Progreso to La Ceiba (animal crossings and poorly maintained bridges); and from Chamelecón (just south of San Pedro Sula) to Copán (winding and poorly maintained mountain road). Carry a phone in case of emergency and travel during daylight hours.

Thieves are known to pose as victims of road accidents, so do not stop to attend to a body on the roadside; instead, report it at the next police point. Be cautious when approached by police, as gang members and criminals sometimes disguise themselves as police officers. Drive with windows closed and doors locked at all times. At roadblocks, establish the identity of the individuals stopping you before rolling down your window or opening your door.

Public transportation

Most urban public buses and shared taxis are poorly maintained and erratically driven. Accidents are common. There are regular incidents of individuals boarding a bus to rob all of the occupants and/or to shoot an occupant and/or the driver. A number of buses have being intentionally set on fire since 2013. Individuals travelling in shared taxis (colectivos) are regularly assaulted and robbed by thieves posing as occupants.

For inter-city travel, use buses operated by private, well-established companies only.

Use taxis from a reputable taxi service that provides non-stop service from your departure point to your destination. Never share a taxi with strangers. Note the driver’s name and licence number, ensure that the driver does not pick up other passengers on the way to your destination, and agree on the fare in advance.

See Transportation Safety in order to verify if national airlines meet safety standards.

Marine transportation

In the area off the northeast coast of Honduras, armed assaults against private vessels have been perpetrated by criminals posing as fishermen. Sailors should contact local authorities for current information.

General safety information

Only undertake scuba diving and other adventure sports with a well-established company. If you have any doubt concerning the security of an installation or equipment, refrain from using them.

Emergency services

The emergency number for local police and all emergency services is 911. Police response to criminal incidents may be limited and delayed, and the Honduran police do not generally speak English or French.

There are tourist police forces in Tegucigalpa, Roatán, La Ceiba, Copán, Tela, Choluteca and San Pedro Sula.

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
STREET_NAME [HOUSE_NUMBER]
POSTALCODE LOCALITY
HONDURAS

Sample

Sr. Juan C. Martel
MAIN ROAD 1
CM1102 LAS LAJAS
COMAYAGUA

Summary

Honduras GDP Last Previous Highest Lowest Unit
GDP 18.55 18.56 18.56 0.34 USD Billion
GDP Annual Growth Rate 3.10 2.80 6.60 -2.40 percent
GDP Constant Prices 183114.70 177634.30 183114.70 106654.10 HNL Million
Gross National Product 170960.80 165206.40 170960.80 103348.75 HNL Million
GDP per capita 1577.15 1569.09 1577.15 801.77 USD
Gross Fixed Capital Formation 91244.90 88808.40 91244.90 27487.40 HNL Million
GDP per capita PPP 4445.27 4422.54 4445.27 3205.07 USD
TOP
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