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Financial Sanctions and Compliance in Honduras: Key Challenges and Laws
Honduras, a Central American nation plagued by corruption and organized crime, poses significant challenges for businesses looking to operate within its borders. The country’s lack of political will to combat money laundering and weak institutions make it crucial for organizations to understand the risks and responsibilities associated with anti-money laundering (AML) compliance.
Key Risks and Challenges
- State-sponsored drug trafficking
- Corruption
- Organized crime
- Extortion
According to the US, former President Juan Orlando Hernández was involved in state-sponsored drug trafficking, while current President Xiomara Castro’s husband, Manuel Zelaya, has been accused of taking $500,000 in bribes from drug traffickers.
Corruption and Violence
- Honduras ranks 146th out of 180 countries in terms of corruption
- Corruption costs around $2 billion a year, equivalent to 12.5% of the country’s GDP
- Violence is frequent, conducted by local drug trafficking groups, criminal gangs, drug cartels from Mexico and Colombia, as well as corrupt security forces
Money Laundering and AML
- Estimated annual laundered proceeds in Honduras range from $351 million to $878 million
- Weak prosecution and investigation efforts hinder AML efforts
- Stronger detection and prevention measures are in place
Legal Framework
- Concerns of backsliding, including a new criminal code that lowers sentences for corruption and drug trafficking cases
- Stricter slander and defamation laws have muzzled reporting about crimes and corruption, threatening freedom of expression and the press
Key Money Laundering Laws in Honduras
- 2015 Special Law on Asset Laundering: updates and establishes systems of prevention and control to combat money laundering
- 2015 Law Regulating Designated Non-Financial Activities and Professions: established measures to regulate designated non-financial businesses and professions
- 2010 Law on Definitive Deprivation of the Domain of Goods of Illicit Origin: focused on identifying, locating, and securing goods or assets with illicit origins
Endemic Corruption
- Lack of beneficial ownership information and ownership of assets used to facilitate drug smuggling
- Justice system has often sided with the corrupt, including overturning convictions for fraud and embezzlement
New Government and Opportunities
- Election of President Xiomara Castro could mark a turning point in Honduras’ fight against corruption and money laundering
- Disentangling and dismantling criminal structures deeply embedded in the state will be a key challenge for the new government
Resources for Businesses
For businesses looking to operate in Honduras or expand into Latin America and the Caribbean, it is crucial to understand the country’s AML challenges and laws. VinciWorks has created a guide designed to support businesses in this region, providing an overview of key AML challenges and issues, as well as a country-by-country assessment of AML risks and laws.