On-shore VASP in Honduras

Ley Contra el Lavado de Activos (Law Against Money Laundering) – Decreto No. 144-2014.

This law establishes the framework for preventing, detecting, and punishing money laundering and financing of terrorism in Honduras.

It defines "reporting entities" (sujetos obligados) which primarily include banks, financial institutions, insurance companies, and other specified entities, and obliges them to implement AML/CFT measures.

While VASPs are not explicitly named, if a VASP engages in activities that fall under the general definition of financial services or involves fiat currency conversions through regulated entities, those regulated entities (banks, etc.) will apply the requirements of this law.

Identification and Verification:

For Individuals: Obtaining and verifying full legal name, date of birth, residential address, nationality, and a unique identification number (e.g., national ID card, passport). Verification should involve reliable, independent source documents, data, or information.

For Legal Entities: Obtaining and verifying legal name, legal form, address, proof of incorporation/existence, names of directors and beneficial owners (UBOs), and the legal representative's identification.

Purpose and Nature of Relationship: Understanding the purpose and intended nature of the business relationship or occasional transaction.

Ongoing Monitoring: Continuously monitoring transactions and activities throughout the business relationship to ensure consistency with the customer's profile and source of funds.

Risk Assessment: Implementing a risk-based approach to CDD, applying enhanced due diligence (EDD) for higher-risk customers (e.g., Politically Exposed Persons - PEPs, customers from high-risk jurisdictions, complex structures) and simplified due diligence (SDD) for lower-risk ones.

Beneficial Ownership: Identifying and verifying the beneficial owners of legal persons and arrangements.

Sanctions Screening: Screening customers against national and international sanctions lists.

Reporting Obligation: Report any transaction or attempted transaction, regardless of amount, where there are reasonable grounds to suspect money laundering or terrorism financing.

No Tipping-Off: Prohibits disclosing to the customer or third parties that an STR has been or will be filed.

CDD Records: Copies of identification documents, verification data, and any other information obtained during the CDD process.

Transaction Records: Details of all transactions, including amounts, types of assets, dates, and parties involved (including originating and beneficiary information, as per FATF Travel Rule principles, even if not explicitly legislated for VASPs in Honduras).

STRs: Copies of all suspicious transaction reports filed.

Retention Period: Typically, records must be kept for a minimum of five (5) years after the business relationship has ended or after an occasional transaction has taken place.

Comisión Nacional de Bancos y Seguros (CNBS) – National Commission of Banks and Insurance:

Unidad de Inteligencia Financiera (UIF) – Financial Intelligence Unit:

Banco Central de Honduras (BCH) – Central Bank of Honduras:

Lack of Specific Licensing: VASPs are not currently licensed or specifically regulated as such in Honduras. This creates legal uncertainty and potential operational risks.

No specific custodial license requirements exist for digital asset custodians in Honduras. Since cryptocurrencies are not recognized or regulated, there is no legal framework or licensing regime for entities providing crypto custody services. Any entity attempting to operate a dedicated crypto custody business would be doing so outside of formal regulatory oversight.

It is highly probable that traditional financial institutions (banks, fiduciaries) licensed by the CNBS are prohibited from offering direct crypto custody services due to the BCH's warnings and the lack of a legal framework.

No specific rules or mandates exist for the segregation of client digital assets. In a regulated environment, segregation is crucial to protect client funds in case of custodian insolvency. However, without a regulatory framework, such requirements are non-existent.

No specific insurance or bonding requirements are mandated for digital asset custodians. This means that if a crypto custody service were to fail or suffer a hack, clients would likely have no recourse through mandated insurance.

No specific cold storage mandates exist. Technical security requirements like the use of cold storage (offline storage of private keys) are typically part of detailed regulatory frameworks for digital asset custodians. Given the absence of such a framework, no such mandates are in place.

No legal definition for a "qualified custodian" in the context of digital assets exists in Honduran law or regulation. The concept of a qualified custodian is generally introduced in jurisdictions where digital assets are recognized and integrated into a regulatory framework, often requiring specific capital, operational, and security standards.

No, not fully adopted. The 2021 GAFILAT MER indicated that Honduras had not yet established a specific regulatory framework for virtual assets or VASPs. While the general Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) framework exists, it does not explicitly define or regulate VASPs, nor does it impose specific AML/CFT obligations on them, including the requirements of FATF Recommendation 15 (new technologies) and Recommendation 16 (wire transfers, extended to VASPs as the Travel Rule).

The report noted that virtual assets are not legally recognized as money or currency under current Honduran law. Consequently, there is no designated supervisory authority for VASPs, and no registration or licensing regime.

GAFILAT 4th Round Mutual Evaluation Report of Honduras (December 2021):

Key points from the report: The report rated Honduras as Partially Compliant (PC) for FATF Recommendation 15 (New Technologies) and Partially Compliant (PC) for Recommendation 16 (Wire Transfers), specifically noting the gaps for VASPs. It stated that Honduras needs to define and regulate VASPs, subject them to AML/CFT obligations, and supervise them effectively.

No Specific Crypto Capital Gains Tax: Honduras does not have a distinct capital gains tax regime specifically for cryptocurrencies.

General Capital Gains: Honduras's income tax law (Ley del Impuesto Sobre la Renta) generally treats capital gains from the sale of assets (like real estate or certain securities) as part of ordinary income for businesses. For individuals, there are specific provisions for certain capital gains, but crypto is not explicitly listed.

Potential Interpretation: If the tax authority (Servicio de Administración de Rentas - SAR) were to consider cryptocurrency a form of "property" or "asset," any gains realized from its sale or exchange could potentially be subject to the general income tax framework. This would mean:

Individuals (Impuesto Sobre la Renta - ISR for individuals): Honduras uses a progressive tax rate system for individual income. For the 2023-2024 period, the rates typically range from 0% (for income below a certain threshold) up to 25% (for the highest income bracket). The exact thresholds are adjusted annually.

Businesses (Impuesto Sobre la Renta - ISR for legal entities): The corporate income tax rate is generally 25% on net taxable income.

No Direct VAT on Crypto Transactions: The purchase or sale of cryptocurrency itself is generally not subject to the Impuesto Sobre Ventas (ISV), which is Honduras's equivalent of VAT/GST. This is consistent with how many jurisdictions treat financial instruments or currencies, which are typically exempt from sales tax.

Standard ISV Rate: The general ISV rate in Honduras is 15%. For some specific goods and services, a reduced rate of 18% applies (e.g., certain alcoholic beverages, cigarettes), but this is unlikely to apply to crypto-related services.

No Crypto-Specific Reporting: There are currently no specific reporting requirements tailored for cryptocurrency holdings or transactions in Honduras.

Regulator Name: Banco Central de Honduras (BCH)

Date: March 25, 2024 (Communiqué 001/2024) - Although this specific communiqué is from 2024, it reiterates and strengthens previous warnings, making it the most current and definitive statement within the timeframe. Previous, less formal warnings have been issued in prior years.

Outcome: The BCH officially stated that cryptocurrencies are not legal tender in Honduras and are not backed or regulated by the Central Bank. It also warned the public about the inherent risks associated with using and investing in cryptocurrencies, emphasizing that they are not recognized as currency or assets by the Honduran financial system. This effectively prohibits financial institutions under BCH supervision from operating with cryptocurrencies as recognized assets and strongly advises the public against their use.

Absence of Specific Crypto Laws: Honduras does not have specific laws regulating cryptocurrency exchanges or service providers. Therefore, there are no "crypto-specific" regulatory violations for which an entity could be fined or sanctioned by a financial regulator in the way you might see in the US or Europe.

Regulatory Focus: Honduras, like many smaller nations, is still in the early stages of addressing digital assets. Its focus has been on protecting the financial system's stability and informing the public about risks, rather than establishing a licensing regime or proactive enforcement against crypto companies.