Haiti WT/TPR/S/99
Page 31
III. TRADE POLICIES AND PRACTICES BY MEASURE
(1) INTRODUCTION
1. Haiti's trade policy has developed considerably since 1986, going from a closed and regulated
regime, (with a high level of State intervention) to a particularly liberal regime.  The reforms were
carried out under especially difficult political and economic circumstances, but they make Haiti today
one of the most open economies in the Caribbean a nd Latin America.  The majority of quantitative
restrictions on trade have been abolished, with the exception of those in place for health, security,
moral, or environmental reasons or pursuant to international conventions to which Haiti is party.
2. The tariff structure (which is currently the ma jor trade policy instrument in Haiti) has been
simplified and the rates greatly reduced.  The tariff comprises six rates with a maximum of 57.8 per
cent on imports of gasoline.  With the exception of this ceiling, the highest rate is 15 per cent. Thesimple arithmetic average of Haitian tariffs is 2.9 per cent, with broad dispersion.  The modal rate is
zero;  this applies to around 67 per cent of tariff headings in the eight-digit Harmonized System.
Overall, tariffs decline from the first to the second stage of processing and then rise from semi-
finished products (second stage of processing) to finished products.
3. In addition to customs duties, imports are also subject to inspection fees of 4 per cent, a 2 per
cent tax on all import duties and taxes, a 10 per cent turnover tax, and excise duty where applicable.
The rate of excise duty on certain imported goods, such as cigarettes, cigars, tobacco and alcoholic
beverages is higher than the rate on similar locally produced products.  Haiti, like the other member
countries of the WTO, has not only bound import duties on agricultural products but also on some
non-agricultural products;  the rate applied to gasoline, however, is well above the level bound.  In
addition, Haiti has obtained a waiver until 30 January 2003 in connection with implementation of the
WTO Customs Valuation Agreement.
4. Export restrictions have also been abolished.  Incentives in the form of tax and customs
exemptions are to be found in the Investment Code in order to promote exports, regional
development, technological development and employment, inter alia .  In general, in order to benefit
from these measures, inputs of domestic origin have to be used.
5. Haiti does not yet have any legislation on competition, standardization, or contingency trade
remedies.  The delays in implementing the privatization programme drawn up by the Government
help to maintain enterprises whose inefficiency has a negative impact on other sectors of economic
activity.  The draft trademark law underlines the Government's determination to revise its intellectual
property legislation to bring it into li ne with Haiti's multilateral commitments.
(2) 
MEASURES DIRECTLY AFFECTING IMPORTS
(i) Registration, documentation and procedures
6. Any natural or legal person engaged in a profession, trade, industrial or crafts activity in Haiti,
whether or not it involves foreign trade, must have a professional identity card.  A tax registration
card and an occupation tax certificate must be obtained before a professional identity card can be
issued.  Any trader, including importers, exercising his activity in Haiti must possess thesedocuments.  The professional identity card is issued by the Ministry of Trade and Industry (MCI)
against payment of an annual fee of G5.
7. Application for a tax registration card must be made to the Direction générale des impôts
(DGI) (Directorate General of Taxes).  The annual fee is G300 for natural persons and G600 for legalWT/TPR/S/99 Trade Policy Review
Page 32
persons.  The occupation tax consists of a fixed and a variable levy.  The fixed levy depends on the
sector of economic activity and the group to which the commune where the activity is carried out
belongs.1  The variable levy is 2/1000 of the difference between the turnover and the payroll.2
8. All goods imported into Haiti require a customs declaration showing the customs regime to
which they are subject.  The Customs Code (Article  51) provides the following four customs regimes:
release for consumption, transit, storage, and temporary entry.  In addition to the customs declaration,the original of the bill of lading and the commercial invoice are required for imports.  Under the
release for consumption regime, an import notice or licence
3, and a declaration of value (Article 53)
must also be attached.  Although import licences and notices are still to be found in the legislative
texts, in practice they are not required.  The transit regime affects goods that are imported and will be
reexported without leaving customs territory.  The storage regime applies when importers wish todelay customs clearance and is compulsory if an importer wishes to reship the goods.  Lastly,
temporary entry is for goods imported for processing or use before being reexported.
9. The following are the customs procedures in order:  registration of the shipping manifest
identified by a separate reference number, submission and registration of the customs declaration,
visit to inspect the goods, control, payment of the duties and costs due.  The latter are collected by theBank of the Republic of Haiti (BRH) in Port-au- Prince and through the National Credit Bank (BNC)
in the rest of Haiti.  According to the authoritie s, customs formalities take between 24 and 48 hours if
all the necessary documentation is in order.
10. In order to simplify and facilitate formalities a computerized customs system (SYDONIA)
was installed in port and airport offices in Port-au-Prince in 1998 as well as in the customs service of
the Société nationale des parcs industriels  (SONAPI) (National Industrial Parks Company).  In
addition, a single declaration form (FDU) has been adopted to replace the numerous declarationdocuments hitherto used for imports and exports.
(ii) Tariffs, other duties and taxes
(a) Overview
11. Goods imported into Haiti, (especially those imported under the release for consumption
regime) are generally subject to a customs tariff, a turnover tax (TCA) and, where applicable, exciseduty levied on certain goods.  Imports are also subject to a fee for inspection costs, part payment of
income tax and a tax levied as a contribution to the Fonds de gestion et de développement des
collectivités locales  (CFGDCT) (Fund for the Management and Development of Local Communities).
Transit and storage duties are imposed on imports of goods entering under the relevant regimes.  A
first registration tax applies to the sale of new vehicles and a so-called "tourist" tax is levied onimports of used vehicles.
                                                     
1 The fixed levy ranges from G40 to G2000 in the metropolitan area of Port-au-Prince, from G20-
G1000 in the communes of Cap-Haïtien, Cayes, Gonaïves, Jacmel, Jérémie, Port-de-Paix, Fort-Liberté, Petit-Goâve, Saint-Marc, Miragoâne, Aquin and G10 to G500 in the rest of the country.
2 The variable levy does not apply to the creation of enterprises.  Economic operators coming under the
legislation on investment concessions are only subject to a fixed occupation tax of G7,500.  Wage earning
professionals or associates of enterprises or partnerships , personally liable for their professional activities, are
exempt from the variable levy for that activity as a wage earner or partner.
3 An import notice in principle covers all products not subject to an import licence granted by the
Ministry of Trade and Industry (MCI).Haiti WT/TPR/S/99
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12. According to the authorities, Haiti does not apply any tariff quotas or seasonal tariffs on
imports.  Import duties and taxes, including tariffs, excise duty and the TCA yield around 45 per cent
of fiscal earnings.4
13. In Haiti, the trend in the level of customs duties is a reflection of the various stages of trade
liberalization implemented since the mid 1980s.  In March 1987, the authorities decided to adopt a
new tariff structure comprising 13 rates, the majority between zero and 40 per cent, with the exceptionof 50 per cent and 57.8 per cent respectively on imports of rice and gasoline.  This tariff regime
remained in place until the embargo imposed on the majority of Haiti's trade transactions following
the coup d'état  in 1991.
14. The new tariff reform adopted in February 1995 reduced the number of rates to six, with a
maximum of 57.8 per cent on imports of gasoline.  For the other products, the highest rate is 15 percent.  This reform has also instituted an important change in the valuation of imports.  From 1988 to
1995, the value of imports was calculated by using a preferential exchange rate set at G6.5/US$1.
Under the new regime, the daily market exchan ge rate is now used for import valuation.
(b) Tariff structure
15. The tariff classification is based on the Harmonized System (HS) for the description and
coding of goods (1996 text).  The customs tariff is virtually ad valorem .  There are, however, special
rates for grated cheese and cheese in powder form  (G0.82 per kg. net) and dried garlic (G0.71 per kg.
net).  The highest rate in the tariff, namely 57.8 per cent, is imposed on imports of gasoline.  For other
goods, the new tariff structure has meant a  reduction in the ceiling rates from 50 per cent to 15 per
cent and in the number of rates from 13 to five , i.e. 3, 5, 10 and 15 per cent.
16. The simple average tariff is around 2.9 per cent, with a standard deviation of 4.8 per cent
(Table AIII.1).  The variation coefficient of 1.7 per cent indicates a wide dispersion of rates of duty.The modal rate (the most frequent) is zero per cent and applies to around 67 per cent of the
5,236 eight-digit tariff headings.  Duty-free imported goods include inter alia  live animals, fisheries
products, rubber, resins and other vegetable saps and extracts, vegetable plaiting materials and other
vegetable products, not elsewhere specified or included;  ores, slag and ash;  organic chemicals;
pharmaceutical products;  fertilizers;  silk;  wool, fine or coarse animal hair, horse hair yarn andwoven fabric;  impregnated, coated, covered or laminated fabric, technical articles in textile fabrics;
knitted or crocheted fabrics;  nickel and articles thereof; lead and articles thereof;  tin and articles
thereof;  other base metals, cermets, and articles thereof;  railway or tramway locomotives, rolling
stock and parts thereof, mechanical traffic signalling equipment.
17. With the exception of the modal rate, the 5 per cent rate is the most frequently used  and
applies to around 14 per cent of tariff headings (Chart III.1).  The 15 per cent rate applies, inter alia ,
to pig-meat;  poultry meat and offal;  mosses and lichens;  cut flowers;  edible vegetables, plants,
roots and tubers, fresh, chilled or frozen;  citrus fruit;  the majority of sugars and confectionery;
manufactures of straw, of esparto, or of other plaiti ng materials, basketwork and wickerwork;  cotton;
carpets and other textile floor coverings;  natural or cultured pearls, precious stones and similararticles, jewellery and other articles.
18. Agriculture (Major Division 1 of ISIC Revision 2) is the sector that enjoys the highest tariff
protection (Chart III.2), with a simple average tariff of 4.5 per cent and rates ranging from zero to
15 per cent.  Tariff protection in manufacturing industry (Major Division 3 of ISIC Revision 2) is
2.8 per cent, with rates ranging from zero to 57.8 per cent.  The mining and quarrying industry (Major
                                                     
4 General Customs Administration (1997) and the Bank of the Republic of Haiti (2001).WT/TPR/S/99 Trade Policy Review
Page 34
Division 2 of ISIC Revision 2) is the least protected sector as far as tariffs are concerned with a simple
average tariff of 2.1 per cent and rates ranging from zero to 15 per cent.  This sector has the largest
share of zero tariff lines (Chart III.2).  The tariff rates are nevertheless more dispersed in the mining
industry, with a variation coefficient of around 2.2 per cent compared with coefficients of 1.3 and
1.7 per cent in agriculture and manufacturing industry respectively.  The simple arithmetic average
tariff is 5.5 per cent on agricultural products when the WTO definition is used.5
19. Overall, the tariff shows a downward trend from the first processing stage (with a simple
average of 3.3 per cent) to semi-finished products (with a simple average of 2 per cent), and an
upward trend from semi-finished to finished goods, for which the average customs tariff is 3.3 per
cent.  This is underpinned by the tariff structure on products such as non-metallic mineral products,with the exception of petroleum and coal;  a nd the activities shown in Table III.1 under "other
manufacturing industries" comprising jewellery and goldsmiths' and silversmiths' wares of precious
metal, fine jewellery, musical instruments and sports articles, inter alia .  Haiti applies escalating
duties on processed food products, beverages and tobacco;  paper, paper products, printing and
publishing;  articles in wood, including furniture;  chemicals derived from petroleum and coal;articles of rubber and plastic materials;  manufacture of articles in metal, machinery and equipment.
                                                     
5 Products covered by Annex 1 to the WTO Agreement on Agriculture.Duty free 3 5 10
These are mainly headings with a 15 per cent rate and one single heading for gasoline (HS 2710.00.11) at a rate of 57.8 
per cent
The brackets indicate the percentage of lines in the totalWTO Secretariat estimates, based on data 
provided b y the Haitian authoritiesChart III.1
Breakdown of MFN duties applied, 2002
Number of tariff headings
a
Note:
Source : (67.1)
(0.6)(14.4)
(10.7)
(7.2)
  > 15 a06001.2001.8003.0003.600
2.400Haiti WT/TPR/S/99
Page 35
Total
Manufacturing industry
Mining and quarrying industry
AgricultureDuty-free
3
5
1001020304050607080Chart III.2
Breakdown of MFN duties by sector, 2002
a  These are mainly headings with a 15 per cent rate and one single heading for gasoline at a rate of 57.8 per cent.
Source :  WTO Secretariat estimates, based on data provided by the Haitian authorities.Percentage
> 15 a
20. During the Uruguay Round, like the other contracting parties, Haiti bound its import tariffs on
all agricultural products (WTO definition).  It also bound its tariffs on some non-agricultural
products.6  The tariffs on non-agricultural products have been bound at rates ranging from zero (on
metal ores) to a ceiling of 30 per cent on some hydraulic cements;  petrol for engines (gasoline),
naphtha and benzine;  certain varnishes and paints;  manufactures of straw, of esparto or of otherplaiting materials, basketwork and wickerwork;  certain precious metals and stones and articles
thereof;  imitation jewellery;  coins;  trailers and semi-trailers of the caravan type for camping.
Table III.1
MFN tariff escalation by ISIC Revision 2 two-digit heading, 2002
Simple averagea
RangeStandard
deviation
ISIC
Code DescriptionNumber of
lines (Percentage)
Total 5,268 2.9 0-57.8 4.8
 - First stage of processing 645 3.3 0-15 5.4
 - Semi-processed 1,679 2.0 0-15 4.7
 - Fully processed 2,944 3.3 0-57.8 4.6
11 Agriculture and hunting
 - First stage of processing 228 5.9 0-15 6.0
Table III.1 (cont'd)
                                                     
6 The rates for certain products were bound during the Annecy Round.  These first boundings have not
yet been transposed into the Ha rmonized System (Chapter II(5)(v)).WT/TPR/S/99 Trade Policy Review
Page 36
Simple averagea
RangeStandard
deviation
ISIC
Code DescriptionNumber of
lines (Percentage)
12 Forestry and logging
 - First stage of processing 28 0.0 0 0.0
13 Fishing
 - First stage of processing 49 0.8 0-15 3.1
21 Coal mining
 - First stage of processing 4 0.0 0 0.0
22 Crude petroleum and natural gas production
 - First stage of processing 3 0.0 0 0,0
23 Metal ore mining
 - First stage of processing 23 0.0 0 0.0
29 Other mining
 - First stage of processing 75 3.0 0-15 5.2
31 Manufacture of food, beverages and tobacco
 - First stage of processing 84 2.6 0-15 4,3
- Semi-processed 67 4.7 0-15 5.8
 - Fully processed 323 6.5 0-15 5.3
32 Textiles, wearing apparel and leather industries
 - First stage of processing 38 4.2 0-15 6.7
 - Semi-processed 412 5.3 0-15 7.1
 - Fully processed 430 5.2 0-15 5.0
33 Manufacture of wood and wood products, including
furniture
 - First stage of processing 5 0.0 0 0.0
 - Semi-processed 33 0.0 0 0.0
 - Fully processed 52 6.3 0-15 5.5
34 Manufacture of paper and paper products, printing and
publishing
 - First stage of processing 19 0.0 0 0.0
 - Semi-processed 67 0.5 0-5 1.5
 - Fully processed 61 1.5 0-10 2.6
35 Manufacture of chemicals and chemical petroleum,
coal, rubber and plastic products.
 - First stage of processing 56 0.0 0 0.0
 - Semi-processed 706 0.7 0-10 2.4
 - Fully processed 288 3.4 0-57.8 5.3
36 Manufacture of non-metallic mineral products, except
products of petroleum and coal
 - First stage of processing 2 15.0 15 0.0
 - Semi-processed 32 1.4 0-5 2.1
 - Fully processed 130 5.2 0-10 4.6
37 Basic metal industries
 - First stage of processing 16 0.0 0 0.0
 - Semi-processed 352 1.3 0-15 3.6
 - Fully processed 1 0.0 0 0.0
38 Manufacture of fabricated metal products, machinery
and equipment
 - Semi-processed 6 0.8 0-5 2.0
 - Fully processed 1,459 1.7 0-15 3.3
Table III.1 (cont'd)Haiti WT/TPR/S/99
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Simple averagea
RangeStandard
deviation
ISIC
Code DescriptionNumber of
lines (Percentage)
39 Other manufacturing industries
 - First stage of processing 15 8.7 0-15 5.8
 - Semi-processed 4 0.0 0 0.0
 - Fully processed 199 4.2 0-15 4.7
40 Electricity 1 0.0 0 0.0
aB a s e d  s o l e l y  o n  ad valorem  rates.
Source: WTO Secretariat estimates, based on data provided by the Haitian authorities.
21. Tariffs on agricultural goods have been bound at rates ranging from zero to a ceiling of 50 per
cent.  Tariffs have been bound at zero for a number of agricultural products, including powdered milk;
certain bones and horn-cores;  malt, not roasted;  seeds, spores and fruit used for sowing, other than
garden seeds;  wheat and meslin;  hops;  certain plants and parts of plants of a kind used in perfumery,
medicine or in pharmacy;  straw and pellets of unprepared cereals;  certain types of fodder;  certainresins and fats for industrial use;  vegetable saps and extracts;  linseed oil;  crude glycerol;  animal oils
and fats (in specific forms);  yeast;  denatured ethyl alcohol of any type;  and some protein materials
and their products.  The tariff was bound at a ceiling of 50 per cent for maize, rice, buckwheat, millet,
canary seed, sorghum and other products of the milling industry.
22. Other duties and levies on these agricultural  and non-agricultural products were bound at
16 per cent, except for certain edible products of animal origin (20 per cent) and some types of grape
must and cider, as well as vinegar (21 per cent).
(c) Tariff preferences
23. At the moment, Haiti does not grant tariff preferences to any country, but will grant tariff
preferences when the provisions of the CARICOM Treaty come into effect (Chapter II(5)(ii)(a)).
(d) Other duties and taxes
24. In addition to customs duties, imports are also subject to inspection fees, which amount to
4 per cent of the c.i.f. value of goods.
7  There is a waiver for imports of personal effects, for
diplomatic missions, and for the transit, storage and temporary entry for final processing regimes.8
25. A tax of 2 per cent calculated on the basis of the import duties and taxes paid, (including any
fines and additional duties and taxes) is levied as a contribution to the Fund for the Management and
Development of Local Communities introduced by the Law of 2 September 1996.  Imports ofpetroleum products, pharmaceuticals and food products,  paper, parcels, and agricultural inputs are
exempt from this tax.
26. The first registration tax applies to imported ne w or used automobiles, buses, lorries, and
vans.  The rates are 5, 10, 15 and 20 per cent and apply to the customs value;  the minimum rate of
5 per cent applies to vehicles valued at less than G35,000 while the maximum rate of 20 per centapplies to vehicles whose value exceeds G75,000.  A sing le rate of 5 per cent is applicable to lorries
not exceeding 2 tonnes and minibuses with a capacity not exceeding 24.  Lorries weighing over
                                                     
7 Law of 22 July 1996.
8 General Customs Administration (1997).WT/TPR/S/99 Trade Policy Review
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2 tonnes and minibuses carrying more than 24 people are exempt.  A tax called the tourist tax is also
levied on the import of used vehicles at a single rate of 10 per cent calculated on the customs value.
27. Transit duty is payable when declaring goods in international transit.9  The highest transit duty
is G5 per parcel or per 100 kg. net.  Internal transit is only subject to deposit of security equivalent to
one and a half times the duties and taxes payable under the release for consumption regime.  A storage
duty is levied on goods in warehouses before the payment of duties and taxes or before theirreshipment.  This duty amounts to 2 per cent of the customs value per month of storage (Article 134
of the Customs Code).
28. Goods that are imported under the temporary entry regime to be processed or worked before
re-export are subject to deposit of security in an amount equivalent to one and a half times the duties
and taxes payable under the release for consumption regime.
10  The security is deposited in the form
of a " chèque de direction " (banker's cheque ) that is only released once the customs is certain that the
goods have in fact been re-exported.  Goods that originally entered Haiti under the temporary entry
regime and are then used for consumption purposes are taxed on the amount of their depreciation
when they are re-exported.
29. Advance payment of income tax (AIR) is levied in the form of a payment that can be
deducted from the tax.  The rate is 2 per cent calculated on the customs value when the imported
products are released for consumption.  This amount falls to 1 per cent for operators that pay the flat
rate of tax and have paid all the income tax due to the Directorate-General of Taxes.  Imports by firms
producing under one of the regimes eligible for concessions under the Investment Code and exempt
from payment of income tax are also exempt from the AIR (Chapter III(4)(i)).11
30. Excise duty is levied on a series of imported or locally produced goods.  These include
tobacco, alcohol, sugar, flour, aerated waters and some "luxury food products" (Law of3 September 1971).  Excise duty may be either ad valorem  or specific.  Table AIII.2 shows the excise
duty payable on certain imported products.  For g oods such as cigarettes, cigars and tobacco, the
excise duty is higher on imports than on local products:  it amounts to G0.01 per cigar or cigarillo,
G1 per packet of cigarettes containing tobacc o;  and between G0.1 and G0.5 per kg. of tobacco.
Locally produced beverages containing more than 25 per cent of alcohol are subject to payment ofG100 per month for excise duty.  For other locally produced alcoholic beverages, the excise duty is
G150 per month.
31. Additional excise duty is payable on beer and cigarettes.  This supplement amounts to G7 per
kg. of locally manufactured cigarettes and G14.5 per kg. of imported cigarettes.  In addition,
petroleum products (gasoline, diesel, kerosene, heating oil and fuel oil, lubrifying oil and grease,aviation fuel) are also subject to excise duty calculated on the c.i.f. value with the highest amount
(90 per cent), on gasoline and the lowest (2 per cent) on heating oil and fuel oil, lubrifying oil and
grease.  There is also a 10 per cent excise duty on ex-customs value (c.i.f. value plus customs duties)
on the import of automobiles exceeding 2,200 cc.
12  Heavy agricultural and public works machinery is
exempt from the excise duty.
32. The TCA introduced by the Law of 19 September 1982 is a general tax on local sales of
goods, supply of services, and imports.  It is calcu lated at each stage of production, distribution or
import, with the possibility of crediting the tax paid on certain purchases.  The rate of the TCA is
                                                     
9 Article 128 of the Customs Code.
10 Articles 136 to 164 of the Customs Code.
11 This advance payment was introduced by the Law of 6 March 1995.
12 Law of 15 July 1996.Haiti WT/TPR/S/99
Page 39
10 per cent of the price of goods or services, including the other duties or taxes.  As regards imports,
the 10 per cent tax is payable on the c.i.f. value plus the customs duty, inspection fees and excise duty.
It applies to all products with the exception of petroleum products;  local agricultural products;
agricultural, livestock breeding and fishing inputs;  inputs used to manufacture medicines sold in
pharmacies;  newspapers, books, magazines and paper used for school materials;  agricultural, fishing
and livestock breeding machinery and equipment;  and legal services.  Goods coming under thetransit, storage and temporary entry regimes are also  exempt, including those to be used in processing
and assembly industries that produce solely for export.
(e) Exemptions and refund of duties and taxes
33. Tariff reductions and waivers are granted as part of the incentive mechanism provided in the
Investment Code in order to promote the development of certain types or branches of activity(section (4)(i)).  Enterprises eligible for such concessions enjoy full exemption from customs duties
on the import of machinery, equipment, spare parts, raw materials and semi-finished products needed
for their production throughout their lifespan.
34. Educational and teaching materials are also exempt from import duties and taxes.  Non-profit
making institutions whose activities can be contro lled by the competent ministries are also fully
exempt from all duties and taxes on food products, imported medical materials and equipment not to
be commercialized.  Recognized NGOs enjoy total exemption from duties and taxes on the import of
vehicles, with the exception of the inspection fees and the CFGDCT.  During the fiscal year
1997/1998, these exemptions amounted to G526.9 million.
35. Other goods that can be imported free of duties and taxes (Customs Code, Articles 95 to 122)
include, inter alia,  articles for the President of the Republic, materials, equipment and products
needed for national defence, travellers' luggage, objects imported when changing residence, goodsimported under diplomatic or consular privileges and covered by the Vienna Convention,
correspondence courses and the related teaching materials, agricultural equipment, including
instruments, tools and agricultural machinery, samples with no commercial value, and goods
reimported after having been temporarily exported.
(iii) Customs valuation
36. The principal valuation methods used are those provided in Articles 59 to 64 of the Customs
Code based on the Brussels Definition of 1950.  A draft law is currently being reviewed by the
Commission on Fiscal Reform and will be submitted to Parliament shortly so as to ensure that the
national provisions are in conformity with the WTO Agreement on Customs Valuation.
37. Customs duties are paid on the c.i.f. value of goods.  Port fees (charges for unloading and
handling goods in Haiti) are included in the c.i.f. value.  Haiti does not have any preshipment
inspection.  Adjustments are made when the price paid or payable indicated in the invoice differs from
the "normal" price.  According to Article 59 of the Customs Code, the normal price corresponds to the
price that can be fixed for the goods concerned in the course of sales that occur under fully
competitive conditions between independent buyers and sellers.  The reference values are used whenthe declared value is more than 10 per cent lower th an the "normal" c.i.f. price.  They are fixed on the
basis of the import price for similar or like goods or the catalogue price.  They are regularly reviewed
by the valuation service of the customs administration, noted in a register and transmitted to the
various customs offices.
38. The procedure for verifying the declared c.i.f. va lue takes place in two stages:  a first control
during the customs clearance process and a second after the goods have been cleared.  The firstWT/TPR/S/99 Trade Policy Review
Page 40
control consists of examining the documents submitted and, if needed, actual inspection of the goods.
Where necessary, the customs office makes the necessary adjustments.  The second control is carried
out by the revision section of the valuation service.  It concerns the exactitude of the value declared.
At this stage, the controller checks whether the invoiced price might not have been affected by the
privileged situation of the importer.  Other documentary proof is then required (commercial contracts,
insurance contracts, etc.).   The valuation service also administers an "importer" and a "product" indexthat allows it to follow trends in the value of products, make comparisons and so be aware of
discrepancies between values declared for the same product.
39. The Haitian authorities have asked to delay application of the Agreement on the
Implementation of Article VII of the GATT 1994, which developing countries may do pursuant to
Article 20 of the Agreement.
13  A further extension has been granted until 30 January 2003
(Chapter II(5)(v)(g)).
(iv) Import prohibitions, restrictions and licensing
40. Some imports are prohibited for reasons of health, security or morality.  They include
brochures, printed matter or films of a pornographic nature;  military tanks and armoured vehicles and
parts thereof, boats (including warships and lifeboats other than those propelled by oars), arms andammunition not intended for the Government;  narcotics;  equipment to be used to manufacture or
print counterfeit currency or securities.
14
41. The import of certain goods is subject to controls.  This is for reasons of security and health,
but is also intended to conserve Haiti's flora and fauna, including livestock, from certain dangerous
diseases.  The ministries responsible for these controls are generally the Ministry of Public Health and
Population (MSPP), and the Ministry of Agriculture, Natural Resources and Rural Development
(MARNDR).  Imports of ethyl alcohol (95o) and generic chemicals and pharmaceuticals require a
prior authorization from the MSPP.  An authorization from the MARNDR is required for agricultural
inputs, cattle feed and animal products, whether or not processed.
42. Animal health and phytosanitary controls are carried out on imports of meat and plant
products.  Their import requires a permit issued by the MARNDR and the submission of a health
certificate issued by the exporting country.  The import of live animals, plants or seeds is subject toquarantine.  An animal health certificate is required for imports of bovine animals and swine and it
must indicate that the country of origin is free of foot-and-mouth disease, contagious bovine pleuro-
pneumonia, rinderpest, vesicular stomatitis and lu mpy skin disease.  In the case of swine, the
certificate must show that the animals come fro m countries free of vesicular exanthema, African
swine fever, ordinary swine fever, and swine encephalomyelitis.  Haiti is not party to the Conventionon International Trade in Endangered Species of Wi ld Fauna and Flora (CITES) but, according to the
authorities, it applies the CITES directives.
43. According to the authorities, Haiti has not applied any quantitative restrictions on imports
since November 1997.  Following the reform during the 1986/1987 fiscal year, quantitative
restrictions and the import licensing system were dismantled for all products with the exception offlour, sugar, peas, rice, maize, millet, pork offal and poultry cuts which are still subject to a non-
automatic licensing system.  After the trade and financial embargo was lifted in 1994 and the new
customs tariff entered into force, quantitative restrictions on these agricultural products were also held
in reserve and were no longer applied.  The legal provisions relating to these measures have not,
                                                     
13 See WTO document with reference number WLI/101 of 3 July 1998.
14 Article 52 of the Customs Code and the 1996 edition of the Nomenclature for Customs Clearance of
Products.Haiti WT/TPR/S/99
Page 41
however, been repealed.  According to the Customs Code still in force15, all imports into Haiti must be
the subject of an import notice or licence issu ed by the MCI for a period of six months.
(v) Trade sanctions
44. At present, Haiti does not apply any trade sanctions against any other country, with the
exception of those decided upon by the United Nations Security Council.
(vi) Contingency trade remedies
45. Haiti does not have any legislation on anti-dumping, countervailing or safeguard measures.
According to the authorities, Haiti has never taken any anti-dumping, countervailing or safeguard
measures.
(vii) Rules of origin
46. As a general rule, Haiti does not have any rules of origin.16  As it does not grant a preferential
regime to any trade partner, Haiti does not have any rules of origin for preferential purposes.
Nevertheless, after ratification of the CARICOM Treaty by Parliament, the rules of origin provided inthe Treaty will have to enter into force in Haiti (Chapter II (5)(ii)(a)).
(viii) Local content requirements
47. Article 12 of the Investment Code states that, for an enterprise to be eligible for one of the
concession regimes in the Code (Chapters II(4) and III (4)(i)), at least 35 per cent of the raw materials,
intermediate products, supplies and other components used to produce and present the products must
be of Haitian origin.  Enterprises manufacturing a good that has not yet been produced in Haiti or agood that replaces a previously imported product are also eligible for these regimes provided that the
national component in the overall production cost amounts to at least 60 per cent.  Lastly, enterprises
manufacturing a product made by treating or processing raw materials of national origin not yet used
for industrial purposes may also benefit from these regimes.
17
(ix) Government procurement
48. Haiti is neither a signatory to nor an observer of the Plurilateral Agreement on Government
Procurement.  In Haiti, there are three procedures for awarding government procurement contracts:
adjudication, invitations to tender, or mutual agreement.  Both domestic and foreign enterprises can
take part in these procedures.
49. The Commission Nationale des marchés publics  (National Government Procurement
Commission) is responsible for coordinating and supervising all activities concerning government
procurement contracts.  It is responsible, inter alia,  for defining the general criteria for government
procurement, collecting data on contracts betw een the Government and various suppliers or
entrepreneurs, and appointing a jury to serve whenever there is an adjudication or tender.  In eachdepartment in Haiti, there is also a departmental government procurement commission that plays a
role similar to that of the National Governme nt Procurement Commission within the geographical
area of the department concerned.
                                                     
15 Article 53 of the Customs Code.
16 See WTO document G/RO/N/20/Rev.1 of 27 July 1998.
17 In such cases, the eligibility extends to the enterprises making new use of raw materials of domestic
origin.WT/TPR/S/99 Trade Policy Review
Page 42
50. Adjudication is the norm wherever a simple service has to be provided or an ordinary service
exceeding G 500,000 but less than G 1 million The only criteria for adjudication is price, but the
Government first of all ensures that the entrepreneur or supplier awarded the contract has the
necessary technical and financial capacity.  Adjudication is open (any candidate can make a bid) or
restricted (bidding is only open to candidates iden tified in advance by the Government according to
special pre-qualification criteria defined by the National Government Procurement Commission).
51. Tenders are compulsory for all services whose cost exceeds G 1 million.  The procedure does
not only take into account the price criterion but also the quality of the product, the competence of the
bidder and the delivery time.  As is the case with adjudication, invitations to tender may be either
open or restricted to candidates selected in advance by the administrative body concerned according
to the criteria defined by the National Government Procurement Commission.
52. Simple agreement is a procedure usually used for purchases that do not exceed G 5,000.  In
certain special cases, simple agreement is authorized as an exception without taking into account the
amount.  This is the case, for example, for supplies manufactured under a patent, services that can
only be obtained from a single entrepreneur or services that can only be given to a specific
entrepreneur because of technical requirements or large-scale prior investment.  For any purchaseexceeding G 20,000, an agreement procedure must be put before the National Government
Procurement Commission.
53. According to the Decree of 23 October 1989 gove rning the terms and criteria for the award of
government procurement contracts, any foreign government procurement concessionaire must recruit
Haitian personnel in all categories accounting for at least 50 per cent of its labour budget provided
that the technical expertise is available in Haiti.
18  Furthermore, in order to obtain a contract with the
State, international enterprises must associate a Haitian firm in the execution of the contract for atleast 20 per cent of its total cost.
19
54. The WTO Secretariat is not aware of any preferential margins in favour of local suppliers.No, statistics on government procurement are available.
(v) Other measures
55. According to the authorities, no agreement wi th foreign governments or enterprises has been
signed with a view to affecting the quantity or valu e of goods or services directly exported to Haiti.
Likewise, the authorities are not aware of any such agreements between Haitian and foreign
enterprises.  In addition, no trade measure has been taken recently for balance-of-payments reasons
and there have been no counter purchase transactions.  Lastly, stocks of strategic reserves are notrequired for any product.
(3) 
MEASURES DIRECTLY AFFECTING EXPORTS
(i) Registration and documentation
56. The exercise of any profession in trade, industry or crafts, as well as export activities, requires
a fiscal registration card, proof of payment of the occupation tax and a professional identity card,
which are issued under the conditions described above (section (2)(i)).
                                                     
18 Article 14 of the Decree of 23 October 1989.
19 Article 18 of the Decree of 23 October 1989.Haiti WT/TPR/S/99
Page 43
57. The export regime is administered by the MCI and by the General Customs Administration.
Goods to be exported must be the subject of an export declaration specifying all the packages to be
included in the bill of lading and must be accompanied by a separate invoice showing the name of the
enterprise, the nature of the goods and their price,  as well as an export permit issued by the MCI.
These formalities are applied for statistical purposes and to monitor banned exports.  The issue of an
export permit is subject to presentation of a professional identity card and a commercial invoice.  Anexport attestation, countersigned by the BRH, is also required.
20
58. The export of certain products requires a certificate of origin, which is issued by the MCI and
given to the economic operator upon presentation of his export permit.  If the product is eligible for
the Generalized System of Preferences (SGP), a type A certificate to be handed over to the customsadministration in the importing country is also required.  For coffee exports, the MCI stamps a type O
certificate and the test certificate issued on the basis of the "tasting tests" carried out by the Ministry.
For cacao exports, the MCI stamps a ICC-1 certificate.  Lastly, the export of all agricultural products
(for example, coffee, cacao, mangoes, animal products) also requires a phytosanitary or animal health
certificate issued by the MARNDR.
59. According to the authorities, the issue of export permits is non-discriminatory and does not
depend on the destination of the goods.
(ii) Export taxes, charges and levies
60. The liberalization process initiated in 1986 has led to the gradual and complete abolition of
customs duties on exports.  The obligation on exporters to sell part of their export revenue to the BRHhas also been abolished.  These reforms are not, however, backed up by the necessary legislative
amendments.  According to Article 167 of the Custom s Code, goods for export are subject to payment
of duties that appear in the tariff as exit duties.
(iii) Prohibitions, controls and export licensing
61. Controls are carried out in order to prevent tax fraud, particularly in the case of re-export.
These are carried out when an export permit is issued (section (i) above).  The General Customs
Administration is responsible for inspecting goods and verifies their conformity with the declaration
made by the exporter.
62. As a general rule, the export of animal and plant products requires prior authorization by the
MARNDR.  Some types of live animals belonging to endangered species (green anoles, mabuyas,
snails) may not be exported so as to protect the national heritage.  The shipment of mangoes without
proper fumigation treatment is also banned.  Quality controls and phytosanitary and animal health
measures also apply to exports of coffee, cacao, mangoes and animal products (chapter IV (2)(ii)(b)).
(iv) Quotas and voluntary restraints
63. Haiti has not concluded any voluntary restraints agreements for its exports and did not
participate in the Multifibre Arrangement.  Nevertheless, there are quotas for certain textile products
exported by Haiti and eligible for preferential treatment on the markets of developed countries,
especially the United States.  Two distinct programmes have been established for this purpose
(Tables III.2 and III.3).  The first defines the specific limits (SL) for which fixed annual quotas havebeen allocated to different categories of the textile products concerned, with the related guarantees of
                                                     
20 Article 166 of the Customs Code.WT/TPR/S/99 Trade Policy Review
Page 44
flexibility.  These provide for an automatic annual increase of 6 per cent in the quotas throughout the
term of the agreement, the possibility of transferring 6 per cent of the quotas from one category to
another, carrying forward 11 per cent of quotas not uti lized in any particular year until the following
year, and the possibility of using 6 per cent of the quotas in advance.  The second programme has
introduced guaranteed access levels (GAL) as of 1986 within the framework of the CBI
(chapter II(5)(iv));  this programme gives annual quotas for certain products principally made withraw materials of American origin.
Table III.2
Annual quotas for exports of textile products (SL) by Haiti to the United States (in dozens)
Category (HS) Product  Quota
331
350
340/640341/641
347/348Cotton gloves (in pairs)
Indoor clothing in cotton
Shirts in cotton or synthetic fibreBlouses in cotton or synthetic fibre
Cotton trousers716,336
98,416
716,336687,672
805,881
Source: Information provided by the Haitian Authorities
Table III.3
Annual quotas for exports of textile products (GAL) by Haiti to the United States (in dozens)
Category (HS) Product Quota
331
350
340/640341/641
347/348Cotton gloves (in pairs)
Indoor clothing in cotton
Shirts in cotton or synthetic fibreBlouses in cotton or synthetic fibre
Cotton trousers500,000
120,000
440,000400,000
800,000
Source: Information provided by the Haitian Authorities
(v) Subsidies, duty and tax concessions, promotion, assistance for export
64. The incentive scheme in the Investment Code gives customs and/or tax concessions to
enterprises that produce for export and use raw materials of domestic origin for this purpose
(Section (2)(viii) above).  Any industrial enterpri se producing for export and duly eligible for a
concession regime is exempt from all or part of income tax.  Throughout its lifespan and exclusively
for the needs of production intended for foreign markets, it is also exempt from customs duty, theTCA and other domestic taxes (not including storage duties and handling fees) on certain inputs,
equipment and raw materials needed for its activities.  Exemption from duties and taxes on imported
inputs (raw materials and manufactured products) is only granted if these are not produced in Haiti at
comparable prices and quality.
65. The Republic of Haiti does not have a structured framework to promote exports.  Any
initiatives in this area are isolated and individual.
(vi) Free zones and industrial zones
66. There are no free zones in Haiti at present.  A draft law on free zones is, however, under
consideration by Parliament.  It sets out the conditions for exploiting, creating and managing
economic free zones, together with the exemption or incentive regime applicable to investments insuch zones.  No particular branch of activity is specified in the draft law.  It defines free zones as
geographical areas to which a special regime on customs duties and customs controls, fiscality,Haiti WT/TPR/S/99
Page 45
immigration, capital investment and foreign trade apply where domestic and foreign investors can
provide services, import, store, produce, export and re-export goods.
67. This draft law envisages the following incentives  or benefits for enterprises situated in free
zones:
- Full exemption from income tax for a maximum period of 15 years, followed by a
period during which there is partial exemption that gradually decreases;
- accelerated depreciation of capital;- customs and fiscal exemption (including registration taxes) for the import of capital
goods and equipment needed to develop the area, with the exclusion of tourismvehicles;
- exemption from the deposit of security for goods to be imported under the temporary
entry regime;
- exemption from all communal taxes (with the exception of the fixed occupation tax)
for a period not exceeding 15 years;  and
- registration and transposition of the balance due for all deeds relating to purchase,
mortgages and collateral.
68. Goods and services supplied from the customs territory to operators in free zones will be
considered as exports.  Selling goods or services from free zones on domestic markets will be
considered as importing and be subject to payment of the relevant duties and taxes.  Furthermore, the
volume allowed for sale on domestic markets must not exceed 20 per cent of the total production of
the enterprise in the free zone.
(vii) Other provisions
69. According to the authorities, Haiti does not at present have any national export guarantee or
insurance mechanism.  No company has a de jure  monopoly or exclusive export rights for goods
produced in Haiti.
(4) 
MEASURES AFFECTING PRODUCTION AND TRADE
(i) Incentives
70. The Investment Code contains exception regi mes to promote certain types of investment
deemed to be priorities and strategic.  Certain tax and/or customs concessions are given to enterprises
according to their activities and/or location in Haiti.   Access to these concession regimes is restricted
to export-oriented enterprises (Section 3)(v) and to those enterprises:
- That help to introduce or disseminate new manufacturing or assembly processes,
either by using technology that is better adapted to Haiti's resource structure, by
saving energy or using new sources of energy, or by being more labour intensive;
- whose annual expenditure on wages paid to production workers and direct labour
supervision costs represent at least one third of the investment in imported capital
goods and at least 15 per cent of the overall production cost;WT/TPR/S/99 Trade Policy Review
Page 46
- that prepare, modify, assemble or finish products imported in bulk, in sections or in
parts, provided that the production is to be exported;
- that process local or foreign materials in order to provide production units with
capital goods or intermediate goods or finished or semi-finished packs;  or
- that carry out sub-contracting activities on behalf of organizations established abroad
and whose product or final result is to be exported.
71. The tax concessions are grouped into three exception regimes according to the location of the
enterprise.  Enterprises in the metropolitan area of Port-au-Prince (regime A) enjoy total exemption
from income tax for five years following the date on which they begin production, taxes being paid on
a sliding scale as of the sixth year and in full as of the eleventh year.  For enterprises outside Port-au-
Prince (regime B), these periods become 15 years for the full tax concession period and 20 years
before taxes are payable in full.  Lastly, enterprises in industrial parks (regime C) enjoy total taxexemption for eight years following the date on which they begin production and only pay taxes in
full as of the fourteenth year.  Under all three regi mes, payment of taxes is on a sliding scale between
the end of total exemption and the beginning of full payment (in other words, the end of the tax
concessions granted).
72. Through the Bureau de credit agricole  (BCA) (Agricultural Credit Bureau), the Government
gives low interest rate loans for certain agricultural activities.  In the context of some development
programmes that focus on the agricultural sector , the Government also grants a subsidy of around
33 per cent on the f.o.b. price of fertilizer.  Seeds are also subsidized in the amount of 55 per cent and
for tools the figure is 33 per cent.  As part of these programmes, the MARNDR has undertaken the
following activities:
- Leasing equipment to farmers to allow them to prepare the soil;
- subsidies in the form of support for the management of irrigation systems;
- distribution of materials for fishing and stocking natural lakes and ponds so as to
promote fishing and aquaculture;  and
- providing credit and technical support.
(ii) Standards and other technical requirements
(a) Standards, testing and certification
73. Haiti has no special legislation on standards, testing, approval and certification.  International
standards are used as a reference but they have not yet been officially adopted.  The main
international standards used are those of the ISO,  the WHO and the FAO Codex Alimentarius for food
products.  After Haiti's accession to the CARICOM has been ratified, it will also have to adopt the
standards laid down by the Caribbean Organization of Standards and Quality (COSQ), which is the
CARICOM body responsible for defining standards for goods and services at the regional level.
74. A framework law on quality intended to harmonize and update the current laws on quality
control is being drafted.  The technical services and government bodies involved in quality controlwill be reorganized, strengthened and/or made operational.  In particular, a metrology service will beHaiti WT/TPR/S/99
Page 47
set up.  The State will build inspection capacity by establishing national testing and calibration
laboratories and integrating them in the regional and/or international networks, and approving private
or university laboratories at the local level.  Inspection posts will also be set up at strategic points.
75. The national quality system will be guided and coordinated by the following bodies21:
- The Conseil national de la qualité  (CNQ) National Quality Council, composed of
representatives of the public and private sectors and civil society;  it defines thenational quality policy and is responsible for coordination and follow-up.  The
Council will be assisted by a small executive structure supported by technical
committees, including a technical committee on accreditation;
- the Centre des normes et des standards  (CNS) (Standards Centre), a joint
autonomous body that will be administered by a management committee and will be
under the supervision of the CNQ.  It will deal with standardization aspects, training
and information on quality, and its role will be to provide advice and promote quality
among Haitian entrepreneurs;  and
- the Commission nationale de contrôle officiel de la qualité  (CNCOQ) (National
Commission for Official Quality Control), an interministerial quality control
commission responsible for coordinating all the State's quality-related activities.  It
will be composed of representatives of the authorities which, pursuant to the
legislation in effect, will be responsible for controls or may have a role to play in the
area of quality.
(b) Animal health, phytosanitary and environmental protection measures
76. Sanitary and quality inspection is the joint responsibility of the MCI, the MSPP and the
MARNDR.  Animal health and phytosanitary contro ls are carried out on the domestic sale, import or
export of live animals, meat, food and products of animal origin for human or animal consumption,
and products of plant origin in order to verify th eir quality (chapter IV(2)(i)).  The MARNDR issues
the entry and exit certificates needed for the import or export of certain goods.  For meat and plant
products, an import permit issued by  the MARNDR and a sanitary cert ificate issued by the exporting
country are required (section (2)(iv)).  The export of all agricultural goods (for example, coffee,
cacao, mangoes, animal products) also requires an animal health or phytosanitary certificate issued by
the MARNDR (section (3)(i)).  The MARNDR also ha s offices at ports, airports and borders, and it
applies quarantine measures to the import of live animals, plants or seeds (chapter III(2)(iv)).
77. According to the authorities, Haiti generally find s difficulty in meeting the standards in effect
in countries that import its products and also in setting up its own system, one reason being its
inadequate technology.
(c) Marks, labelling and packaging
78. Haiti does not apply any provisions regarding marks, labelling and packaging.
(iii) Competition policy and price controls
79. Haiti does not at present have any competition legislation.  In principle, the MCI is
responsible for this aspect.  Its action goes no further than following price trends, particularly those of
                                                     
21 These bodies have not yet been officially established.WT/TPR/S/99 Trade Policy Review
Page 48
food products.  If the trend becomes abnormal, the MCI can seek the reasons for this from the
producers and/or distributors of the products concerned.  According to the authorities, after such an
investigation has been carried out there is no provision for any action.  Price controls currently apply
to petroleum products, electricity, water, fixed telephony services and passenger road transport.  The
laws on price controls are out of date, but they have not been repealed or amended recently.
(iv) State enterprises and privatization
80. Until the mid-1990s, State control extended to some 33 units including the following:
- Service enterprises including Electricité d'Haïti (EDH) (Haiti Electricity),
Telecommunications d'Haïti  (Téléco) (Haiti Telecommunications) and the Centrale
autonome metropolitaine d'eau potable  (CAMEP) (Autonomous Metropolitan
Drinking Water Station);
- the Autorité portuaire nationale  (APN) (National Ports Authority), which administers
the ports, and the Autorité aéroportuaire nationale  (AAN) (National Airports
Authority) responsible for managing airports;
- financial institutions including the Banque nationale de crédit  (BNC) (National
Credit Bank) and the Banque populaire haïtienne (BPH) Haitian People's Bank;  and
- production units including one cement works ( Le ciment d'Haïti ) and a mill ( La
minoterie d'Haïti ).
81. In 1996, a programme to modernize State enterprises was launched in order to overcome their
financial and management problems.  The aims of this programme are:
- To increase investment by calling on Haitian or foreign private businessmen;
- to improve the efficiency of State enterprises by making the private sector responsible
for their management;  and
- to promote local development by distributing some of the programme's earnings
and/or profits to local authorities.
82. The institutional framework and the forms of private sector participation are specified in the
Law on the Modernization of State Enterprises of 10 June 1996.  The programme is supervised by the
Conseil de modernisation des enterprises publiques  (CMEP) (Council for the Modernization of State
Enterprises) composed of members of the Council of Ministers and representatives appointed by
Parliament.  The CMEP will be assisted by a technical secretariat that will act as its implementation
arm.
83. The forms of modernization of State enterprises are management contracts, concessions and
capitalization.  In the case of management contracts, the Law provides that the management of a State
enterprise should be handed over for a specified period to a private company to which the State pays
management fees that depend on the enterprise's performance.  As regards concessions, the State
gives concessionaires the right to exploit the enterprise for a specified period.  In return, the
concessionaire pays rent for the premises and is bound to make the investment expenditure specifiedHaiti WT/TPR/S/99
Page 49
in the concession agreement.22  For capitalization, the State associates private investors by setting up a
semi-public company (SEM) to which it contributes the enterprise's assets.  The private sector brings
the cash needed to finance the company's investment expenditure.  Contracts for management,
concession and participation in the capital of SEMs are awarded to the highest bidder following an
international invitation to tender.
84. State participation in the capital of SEMs may exceed 50 per cent but may not be less than
20 per cent.  Moreover, five years after an SEM has been set up, a share not exceeding 50 per cent of
the assets held by the State can be transferred to small shareholders.23  The dividends accruing to the
State and the earnings from concessions are shared as follows:  50 per cent to municipalities, 35 per
cent to other local authorities, and 15 per cent for social security.  These resources are used for
projects in agriculture, health and education in rural areas.
85. The privatization programme originally called for two distinct stages.  During the first stage,
modernization would affect nine enterprises including La minoterie d'Haïti , Le ciment d'Haïti , an oil
mill, Téléco, EDH, APN, AAN, the BNC and the BPH.  The second stage was supposed to cover the
privatization of other enterprises.  Until now, however, the privatization programme has only been
implemented in the case of two enterprises:  Le moulin d'Haïti, originally called Minoterie de Haïti
(in 1999) and Le ciment d'Haïti  (in 2000).  Le moulin d'Haïti  has become a semi-public company in
which the State holds 30 per cent of the shares;  the remaining 70 per cent are shared among the
partners belonging to the Uni-Finance Consortium (11 per cent of the shares), Sea Board and
Continental Grant (59 per cent of the shares).  Le ciment d'Haïti  is also now a semi-public company
governed by a capitalization agreement signed be tween the UMAR Holderbank Colincker Consortium
and the Haitian State.  The State holds 35 per cent of the shares and the consortium 65 per cent.
Lastly, the process of restructuring the BNC has begun, reducing the staff by half and reorganizing theaccounts.
86. As far as the other State enterprises mentioned above are concerned, the privatization process
has not made any progress.  Enterprises such as the EDH, APN and AAN are currently the subject of
financial surveys.  A draft law on the regulatory framework for the telecommunications sector has
already been prepared and should be submitted to Parliament.
(v) Protection of intellectual property rights
87. Haiti has been a Member of the World Inte llectual Property Organization (WIPO) since 1983
and is party to a number of treaties including the Paris Convention for the Protection of Industrial
Property of 1883, as revised at Stockholm in 1967, the 1886 Berne Convention for the Protection of
Artistic and Literary Works, as revised at Paris in 1971, the 1910 Buenos Aires Convention, the 1946Inter-American Convention on Copyright and Li terary Property, and the Universal Copyright
Convention signed at Geneva in 1952.  Haiti has also signed the 2000 Patent Law Treaty, although it
has not yet entered into force.  As an LDC, Haiti has until 1 January 2006 to bring its legislation into
conformity with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).
88. Haiti's Constitution guarantees the protection of intellectual property rights
24  Copyright is the
responsibility of the Ministry of Culture and Communication, which recently set up the Cellule
                                                     
22 According to the Law, any development or improvement made to the enterprise's physical
framework remains State property.
23 Priority will be given to shareholders who are employees of SEMs and taxpayers whose annual
income does not exceed G120,000 (Article 27 of the Law on the Modernization of State Enterprises).
24 Scientific, literary and artistic property are protected (Article 38 of the Constitution).WT/TPR/S/99 Trade Policy Review
Page 50
haïtienne des droits d'auteurs  (Haitian Copyright Unit).  The copyright protection regime is governed
by the Decree of 9 January 1968, which replaces the Law of 6 October 1885 on the ownership of
literary and artistic works.  Under this Decree, literary, musical and artistic works, as well as
cinematographic and photographic works,  inter alia , can be protected.  The Decree does not
specifically cover related rights (the rights of producers of phonograms or broadcasting organizations,
for example), neither does it cover computer programmes and databases, which are protected asliterary works under the TRIPS Agreement.  The Decree gives owners of copyright the exclusive right
of publication, reproduction, performance, adaptati on, broadcasting, translation, distribution and
arrangement.
25  It also recognizes intangible and inalie nable moral rights that may not be seized.26
The term of protection of copyright is the life of the author plus 25 years after his death (Table III.4).
Infringement of copyright may not only lead to the confiscation of the infringing copies but also to anorder that the infringer should pay damages to the owner of the rights.
Table III.4
Main Haitian legislative texts on intellectual property rights
Type of rights Main legislative text Term of protectionMinimal term of protection
provided in the TRIPS
Agreement
Copyright and related rights Decree of 9 January 1968 on
copyright in literary, scientificand artistic worksAuthor's lifetime plus 25 years
(for all types of copyrightcovered by the Decree)Author's lifetime plus 50 years
(copyright);  50 years as of the
date of performance or fixation
(performers and producers ofphonograms);  20 years as of
the year of the broadcast
(broadcasting organizations)
Patents;  industrial designs Law of 14 December 1922 on
patents and industrial designs5, 10 or 20 years 20 years (patents);  10 years
(industrial designs)
Trademarks Trademark Law of 17 July 1954
(amended by Decrees in 1956,1960 and 1970).. 7 years;  renewable indefinitely
Geographical indications None None Indefinite
Layout designs (topographies)
of integrated circuitsNone None 10 years
.. Not available
Source: WTO Secretariat, based on information provided by the Haitian authorities.
89. To a large extent the promotion and protection of industrial property rights (patents,
trademarks, industrial designs, inter alia ) are the responsibility of the MCI.  The legal provisions in
this respect include, on the one hand, the Law of 14 December 1922 on Patents and Industrial Designs
and, on the other, the Law of 17 July 1954 on Trademarks (as amended by the Decrees of 1956, 1960
and 1970).  A draft trademark law has been prepared.  The WTO Secretariat, however, has noinformation on the provisions currently in force nor on those contained in the draft trademark law.  On
31 December 1996, the number of applications for trademarks was 9,091 and between 1996 and 2001
there were 34 applications for patents.
90. A patent is granted for any new method of manufacturing industrial products, any new
machine or mechanical or manual apparatus used to manufacture such products, any discovery of anew industrial product, any application of known mean s with a view to obtaining better results, and
any new, original or ornamental design for an industrial article.  It is granted without prior
examination, at the applicant's own risk and without any guarantee as to the existence, novelty or
merit of the invention or the veracity or exactitude of the description.
                                                     
25 Article 7 of the Decree.
26 Article 5 of the Decree.Haiti WT/TPR/S/99
Page 51
91. A patent application may be rejected if the invention or discovery has been made public in
any country one year prior to the application being filed in Haiti or if the invention is contrary to
morality or the law.  The term of protection for a patent is 5, 10 or 20 years as of the date on which it
is granted.27  The fee payable is G125 for the grant of a five-year patent, G250 for a ten-year patent
and G500 for a twenty-year patent.  A patent that has not yet expired may be granted again in a new
form for the remaining period if it is ineffective or has no legal value because its registration isincomplete or deficient provided that the error is not the result of fraud.
28  No new element may be
introduced into the patent.  Any infringement of pate nt rights constitutes an offence and the infringer
is liable to a fine ranging from G100-G500.  This is combined with a term of imprisonment of one to
six months if the offence is repeated.
92. The most common infringements concern, inter alia , fraudulent use of trademarks or
counterfeiting regional trademarks.  Such disputes do not always go before the courts because it is
often difficult to find competent judges.
93. In most cases, infringements of intellectual property rights are discovered and reported by
the owners of the rights and officials from authorities such as the customs service and the police do
not have the necessary training.  Some national seminars have nevertheless been organized recentlyfor these officials in order to make them aware of intellectual property rights issues.
                                                     
27 Article 4 of the Law of 14 December 1922.
28 There have not yet been any cases of incomplete or deficient registration.