WT/TPR/S/99 Trade Policy Review
Page 12
II. TRADE REGIME
(1) INSTITUTIONAL FRAMEWORK
1. The Constitution of the Republic of Haiti was adopted in March 1987.  It lays down the
principles of a democracy in which power is shared among the Executive, the Legislative and the
Judiciary.  Article 59 of the Constitution expressly sets out the principle of the separation of these
three powers.
2. Pursuant to the Constitution, executive power is exercised by the President of the Republic
and the Government.  The President is the Head of State.  He is elected by direct universal suffrage by
a majority of electors for a period of five years, with no possibility of immediate renewal and without
being able to seek a third mandate.  The President negotiates and signs international treaties,
conventions and agreements and presents them to the National Assembly for ratification.  He choosesa Prime Minister from among the members of the majority party in Parliament.
1
3. The Prime Minister is entrusted with constituting a Government, whose members he selects in
agreement with the President.  The Government mu st comprise at least ten ministers.  When the
Government takes office, the Prime Minister puts his programme to both Chambers in order to obtain
a vote of confidence.  If he does not obtain this confidence, the procedure of constituting theGovernment must recommence.
4. Legislative power is exercised by the Chamber of Deputies and the Senate, which together
compose the National Assembly (the Legislative), one of whose tasks is to approve or reject
international treaties and conventions submitted to it by the Executive.  The Chamber of Deputies
comprises 83 members elected by direct suffrage.  At each legislative election, municipalities form
constituencies and elect a deputy.  The Deputies remain in office for four years and the Chamber of
Deputies as a whole is re-elected every four years.
5. The Senate is composed of 27 members (three senators by department) elected by direct
suffrage.  One third of the Senate is renewed every two years.  One of the Senate’s specific
responsibilities is to act as the High Court of Ju stice for certain cases involving the President of the
Republic, ministers, the members of the Conseil electoral permanent  (Standing Electoral Council),
the Cour supérieure des comptes et du contentieux administratif  (Higher National Audit and
Administrative Disputes Office), judges and officials of the Public Prosecutor’s Office at the Court of
Cassation.
2
6. The Constitution gives each of the two Chambers and the Executive the responsibility for
passing laws on matters of public interest.  Article 111.2 nevertheless gives the Executive
responsibility for drawing up the Finance Law (legislation concerning the basis, amount and methodof collection of taxes for the purpose of generating revenue, increasing the State’s revenue or
spending), although the draft texts must first of all be passed by the Chamber of Deputies.
7. The Judiciary is made up of the following in descending order of hierarchy:  the Court of
Cassation, the courts of appeal, higher level courts, special courts and police tribunals, the latter
representing the most decentralized form of judici al body.  There is also the High Court of Justice.
                                                     
1 Article 137 of the Constitution.
2 Article 185 of the Constitution indicates the conditions under which the Senate plays such a role.Haiti WT/TPR/S/99
Page 13
The judges of the Court of Cassation and the appeal courts are appointed for ten years, whereas those
in the higher level courts are appointed for seven years.3
8. In Haiti, there is no special jurisdiction for trade matters.  The Judiciary’s role in this respect
is defined in the Commercial Code, which states that the commercial chambers in each civil court
shall hear trade-related disputes.4
9. In addition to the Judiciary, there is also the Higher National Audit and Administrative
Disputes Office, which, pursuant to the Constitution, is an independent and autonomous body
responsible for the administrative and jurisdictional control of the revenue and expenditure of the
State and territorial authorities, and for auditing the accounts of State enterprises.  It helps to draw up
the State’s budget and is consulted on all matters related to Government finance legislation and all
proposed financial or trade contracts, agreements and conventions to which the State is party.  It alsohears disputes between the State and the public.
10. The Constitution provides for decentralization of power through local authorities.  In
ascending order of importance, the administrative divisions are the section communale  (communal
sectors), communes, districts ( arrondissements ) and departments, numbering nine.  Each commune
manages the State property situated on its territory and, in cooperation with the central Government,departments are involved in drawing up departmental development plans.  When studying and
planning projects for social, economic, trade, agricultural and industrial decentralization and
development, the Executive is assisted by the Inter-Departmental Council.
5  Any departmental,
municipal or communal sector levy or tax must necessarily be endorsed by the local authorities
concerned.
(2) POLICY FORMULATION AND IMPLEMENTATION
11. All policies ( inter alia  economic, social and environmental) are implemented through laws,
decrees or ministerial orders.  A broad outline of the legislative process can be found in the
Constitution and the responsibility for elaborating legi slation is given to each of the Parliament’s two
Chambers and to the Executive.
12. Each ministry is responsible for formulating policy within its competence and for preparing
the relevant draft legislation.  The latter is drafted by the legal department of the ministry that firstproposed the legislation, in collaboration with other ministries or bodies also concerned by its content.
After being discussed in the Council of Ministers, draft legislation is put before Parliament.
13. When draft laws are considered, each Chamber has the right to amend the text and to review
the articles and amendments proposed.  Amendments adopted by one Chamber cannot become part of
the draft law until they have been adopted by the other Chamber in the same form and in identicalwording.  A draft law only comes into effect after it has been adopted, article by article, by the two
Chambers.
6
                                                     
3 The judges in the Court of Cassation are appointed by the President of the Republic based on a list put
forward by the Senate.  Judges in the appeal courts and higher level courts are appointed on the basis of a listpresented by the departmental assembly concerned.  Ju stices of the peace are appointed on the basis of a list
submitted by the communal assemblies.
4 Article 638 of the Commercial Code.
5 Article 87 of the Constitution.
6 Articles 111 et seq. of the Constitution deal with the question of disagreement between the two
Chambers regarding a law.WT/TPR/S/99 Trade Policy Review
Page 14
14. Any law adopted by the Legislative must then be sent to the President of the Republic who,
before enacting it, may make an objection.7  The President must exercise his right to object within
eight days as of the date on which he received the law.  Laws and acts come into effect when they are
enacted and published in the Republic’s Official Journal.  The implementation of a law and the
adoption of the relevant provisions are the responsibility of the Executive, more particularly the
ministers concerned.
15. One of the tasks of the Ministry of Trade and Industry (MCI) is to play a central role in the
formulation and implementation of Haiti’s trade policy.8  The MCI is responsible for “developing the
guidelines for trade and industrial policy”.9  The Ministry’s legal affairs department is responsible for
drawing up draft legislation and regulations relating to trade and industry, in cooperation with other
interested departments.  Other institutions such as the Ministry of the Economy and Finance (MEF)(including the General Customs Administration), th e Ministry of Agriculture, and the Ministry of
Justice also help to formulate and implement Haiti’s trade policy.
16. The private sector is not systematically consulted on the formulation of trade policy.  Its
representatives, however, sometimes belong to the joint committees responsible for preparing a legal
framework that better fulfils the needs of the tr ade and industrial sectors.  According to the
authorities, substantial progress has yet to be made both in enhancing the image of the Government,
especially the MCI, among the private sector and in developing forums where the latter can express its
views on these issues.  Mention should be made nevertheless of the Commission presidentielle pour la
croissance et la modernisation  (Presidential Commission on Growth and Modernization), composed
of seven members who are Government officials and 15 representatives of the private sector, where
the private sector can express its views (Chapter I(2)).
17. Lastly, although the Constitution gives the President of the Republic responsibility for
negotiating, concluding and signing bilateral, plurilateral or multilateral treaties and agreements, this
responsibility is in part delegated and comes directly within the competence of the ministries
concerned.  For trade matters in particular, the MCI and the Ministry of Foreign Affairs or the various
ministries dealing with the economic sector (as provided in the Law of 6 September 1982 defining
Haiti’s central Government) have been mandated by the Council of Ministers for this purpose.
18. Trade policies are neither analysed or evaluated.  They are, however, debated on certain
occasions such as the Table ronde sectorielle sur le commerce  (Sectoral Round Table on Trade).
10
(3) TRADE POLICY OBJECTIVES
19. Haiti’s trade policy forms an integral part of economic policy, whose major objectives are to
provide the conditions needed for satisfactory economic growth, to mobilize and support the business
                                                     
7 If the President of the Republic objects to the text, the law is sent back to the Chambers, which may
change the text.  The process then begins again.  If, however, the Chambers do not wish to take into account theobjections made by the President, the latter is obliged to enact the law as it is.
8 Decree of 13 March 1987 on the restructuring of the MCI.
9 Article 2, paragraph 1, of the Decree of 13 March 1987.
10 The Sectoral Round Table on Trade is an initiative by the Haitian Government that brought together
various economic and social actors.  It  was held at Port-au-Prince in 1999 in order to define the broad outlines of
Haiti’s trade policy.Haiti WT/TPR/S/99
Page 15
sector, to facilitate job creation and lower the unemployment rate, and to give Haiti the extensive
infrastructure needed for its development.11
20. The major obstacles to Haiti’s development are, inter alia , problems in the functioning of the
central Government, inadequate infrastructure, the low level of education and training among the
population, the shortcomings of the market, which hi nder productive capital investment (particularly
credit constraints caused by the insufficient development of financial markets) and the country’sdifficulty in attracting external private capital.  Ongoing implementation of rational macroeconomic
policies, including the promotion of trade and investment, is thus essential in order to put in place the
conditions that will foster Haiti’s economic growth and development.
21. The Government defined the major trade policy objectives during the Sectoral Round Table
on Trade.  These should bolster the efforts made in the economic policy field by creating a moreliberal trade environment.  This means that the liberalization process must continue, but it also
requires the implementation of provisions to improve and diversify Haiti’s export capacity and
strengthen its national production policy, while at the same time enhancing the competitiveness of
Haitian enterprises on international markets.  Consequently, Haiti’s investment policy cannot be
dissociated from its trade policy.
22. Haiti has already liberalized its external trade to a large extent as part of the reforms
undertaken since the mid-1980s (section III(1)) and it is now one of the most open economies in Latin
America and the Caribbean.
12  The Government also intends to pursue its regional integration efforts
by participating in mechanisms, agreements and treaties with countries that are geographically close
to Haiti.  The objective is to benefit from cooperation with regional partners but also to participate in
the global trade liberalization process and derive full benefit from it.
23. The Government wishes to create a climate that will encourage investment by giving legal
guarantees and developing simple and effective regulations.  As a strategic variable in the
development of Haiti’s export capacity, particularly through its role in the transfer of technology,
foreign direct investment (FDI) is a special objective.  The Government wishes to provide proper
legal and institutional instruments, including a facilitation mechanism, a trade and investment
promotion body, and incentives to promote investment in certain priority sectors, especially export-oriented sectors.  These incentives are contained in a draft Investment Code and supplement those to
be found in the current Code (Chapter III)(4)(i)).
24. In the near future, Haiti intends to develop instruments to expand its export capacity by
improving the quality of domestic products and diversifying activities.  The Haitian Government has
also set itself the objective of moving ahead with the privatization process.  The State’s gradualwithdrawal from production activities should be accompanied by opening up of the markets
concerned to greater participation by foreign enterprises.  The Law on the modernization of State
enterprises of 10 June 1996 defines the institutional framework and the privatization procedures for
State enterprises.
(4) L
AWS AND REGULATIONS
25. To a large extent, the provisions governing foreign trade are dispersed among several
different elements of Haitian legislation.  They are mostly in the form of laws or decrees.  For
                                                     
11 This is set out in the 2001-2006 Five-Year Plan, whose objective is to achieve a 4 per cent rate of
growth and a 20 per cent decrease in the unemployment rate.
12 In 1996, the authorities even considered revising import duties to reach a maximum tariff of 10 per
cent.  This project does not, however, any longer appear to be relevant.WT/TPR/S/99 Trade Policy Review
Page 16
example, there are the Customs Code, the Customs Tariff, the Law of 14 June 1960 on the protection
of domestic industry, the Law of 26 September 1960 on the professional identity card (CIP) that each
importer must possess, and the Decree of 24 April 1987 abolishing all export duties and taxes.
Table II.1 provides a list of the main trade-related legislative texts in effect in Haiti.
Table II.1
Main Haitian laws and regulations in November 2001
Area Provision Date of entry into force
Customs tariffs and other import duties Customs Code and Customs Tariff, as amended up to 1990 13/07/1987
Levies and taxes Decree on income tax and net profits 29/09/1986
Decree on payroll taxes 14/09/1988
Decree on turnover tax and successive amendments up to 1995 19/09/1982
Decree on excise duties, amended in August 1987 03/09/1971
Decrees on occupational taxes and licences 28/09/1987 and 13/01/1978
Government procurement Decree on terms and conditions for government procurement 23/10/1989
Rules of origin Customs Code and successive amendments up to 1990 13/07/1987
Industrial parks Law on industrial parks 18/07/74
Privatization Law on the modernization of State enterprises 10/06/1996
Intellectual property Patent Law 14/02/1922
Trademark Law 17/07/1954
Foreign investment Investment Code 30/10/89
Law on investment-related disputes 26/12/1985
Enterprises Decree on professional identity cards, amended in July 1996 28/09/1987
Source: Information provided by the Haitian authorities.
26. Haitian law follows the monistic principle of the supremacy of international legal instruments
over domestic law:  signed and ratified treaties take precedence over domestic laws.  The provisions
in the WTO Agreements, in particular, are recognized by Haitian courts.  Haiti’s legislation is
gradually being amended to bring it into conformity with the WTO Agreements.
27. The Investment Code (Decree of 30 October 1989) defines the conditions, guarantees and
general types of incentive in Haiti, as well as the special concessions given to investors and activities
in sectors deemed to be priorities or strategic for Haiti’s economic development.  All natural or legalpersons involved in production are eligible for the same guarantees irrespective of their nationality,
provided that they are legally established in Haitian territory.
28. Private enterprise is given all the guarantees and legal protection needed to succeed.
13
Expropriation or dispossession is only allowed for reasons of public interest.  Natural or legal persons
also have the following guarantees irrespective of their nationality:
- The right to dispose of their assets and to organize their production and marketing in
the most appropriate way;
- freedom to recruit and employ;
- free choice of suppliers of goods and services;
- protection of trademarks, patents and labels, as well as all other forms of industrial
protection;  and
                                                     
13 Articles 5 to 8 of the Investment Code.Haiti WT/TPR/S/99
Page 17
- transfer of dividends and other capital.
29. The Investment Code outlines an investment incentive scheme based on certain customs
and/or fiscal concessions.  These are available to enterprises that meet the eligibility criteria and
whose activities and/or location are in Haiti.  Exemption regimes have been created to encouragecertain types of industrial or crafts investment in sectors deemed to be priorities or strategic
(section III(4)(i)).  Export-oriented sectors are the special focus of these measures.
30. The majority of economic activities are open to private investors, whether Haitian or foreign.
The supply of electricity and the management of ports and airports appear to be the only activities that
are still subject to a State monopoly.  Nevertheless, although there has been de facto liberalization ofvarious economic activities, it has not been followed up by the necessary legislative reform.  An
inventory of regulatory and legislative provisions is currently being updated.
31. A licence is required to carry out certain industrial or commercial activities or to exercise
certain professions.  This applies to foreign professionals and technicians working in Haiti, foreign
industrial, commercial or services firms, cigarette manufacturers, alcohol distillers, manufacturers andconcessionaires of various products for domestic consumption, producers of aerated waters,
commercial or other broadcasting stations.  The license fee varies and may reach G1,000 according to
the type of activity and the turnover.
32. It is planned to introduce an investment facilitation scheme to simplify and speed up all the
administrative procedures needed in order to carry out investment projects.  Among the tasks to be
carried out under this facilitation scheme are the modernization of the regulatory framework of
incentives for trade and trade-related investment, the promotion of institutional reforms to beundertaken within the framework, and fostering contact with the private sector so as to assist it and
identify the barriers to investment and trade.  The facilitation scheme will also be responsible for
disseminating the laws, regulations and procedures on the establishment and operation of enterprises
both within Haiti and abroad.
(5) 
TRADE AGREEMENTS AND ARRANGEMENTS
33. Haiti participates in the leading multilateral  organizations including the WTO, the United
Nations and its Specialized Agencies, the International Monetary Fund (IMF), and the World Bank
group.  It also belongs to regional groups such as the Caribbean Community and Common Market
(CARICOM), the Association of Caribbean States (ACS), and CARIFORUM.  Haiti is also taking
part in the process to create the Free-Trade Area of the Americas (FTAA).
34. The authorities consider that Haiti’s participation in regional agreements is important for its
development process.  Through these agreements, Haiti hopes to exploit its production and export
potential and thus reduce its trade balance deficit.  In addition, Haiti hopes to be able to benefit from
cooperation with the other member countries in the areas of education, health or the prevention of
natural disasters.
35. The WTO Agreements and the regional agreements to which Haiti is party contain provisions
on the settlement of disputes.  Haiti has not yet been involved in any dispute settlement procedure at
the multilateral, regional or bilateral levels, neither as a plaintiff nor defendant.WT/TPR/S/99 Trade Policy Review
Page 18
(i) Multilateral agreements
36. The Republic of Haiti acceded to the GATT on 1 January 1950 and became a Member of the
WTO on 30 January 1996.  It is still implementing the WTO Agreements and a number of domestic
legal provisions need to be amended or adapted in order to align them with Haiti's multilateral
obligations.  Haiti grants most-favoured-nation (MFN) treatment to all its trade partners.  It has not
signed any plurilateral agreement.  Table II.2 shows Haiti’s main notifications to the WTO.
(ii) Regional agreements
(a) CARICOM
37. Haiti acceded to the CARICOM on 4 July 1997, but the Treaty establishing the CARICOM
has not yet been ratified by the Haitian Parliament.14  CARICOM was created under the Chaguaramas
Treaty of 4 July 1973 and was notified to the GATT under Article XXIV as an interim agreementleading to the formation of a customs union.  A GATT working group prepared a report that was
adopted on 2 March 1977.  Since then, CARICOM has not made any notification.
38. During its first 18 years, CARICOM was a preferential trade area to begin with and then a
free-trade area.  In 1991, the objective of a single market and economy in the Caribbean was approved
and this should lead to the free circulation of goods, services, persons and capital.  The Treatycreating the CARICOM has been amended several times by means of protocols.  Protocol I, signed in
1997, is designed to strengthen the integration process and lay the foundations for the single market
and economy.  Protocol II, signed in July 1997, is intended to eliminate restrictions on the right of
establishment
15, the supply of services and the movement of capital.  Regarding services, Protocol II
includes provisions on the status quo, national treatment and dismantling.  Members have one year as
of the date of entry into force of the Protocol to submit a programme for the abolition of restrictions
on the supply of services.  Although banking and insurance services are covered by the commitments,Protocol II allows certain financial services to be excluded from national treatment.
Table II.2
Situation of requirements relating to notifications to the WTO, November 2001
WTO Agreement Description of the requirement Frequency Symbol of the last notification
Agriculture (Art. 18.2) Domestic support Annual G/AG/N/HTI/3,
11 May 2000
Agriculture
(Arts. 10 et 18.2)Export subsidies Annual G/AG/N/HTI/2,
30 March 2000
Import licensing procedures
(Art. 7.3)Replies to the questionnaire;  rules
and information concerning the
procedure for submitting
applicationsAnnual for the questionnaire, once
only for the rules and information,
then changesG/LIC/N/3/HTI/2,
5 May 2000;
G/LIC/N/3/HTI/1,
26 March 1998
Import licensing procedures(Arts. 1.4(a) and 8.2(b))Laws and regulations Once, then changes G/LIC/N/1/HTI/1,
26 October 1999
Anti-Dumping Agreement(Art. 18.5)Incorporation of the agreement into
domestic legislationG/ADP/N/1/HTI/1,
3 March 1998
Rules of origin
(Art. 5.1)Information and procedures Once, then changes G/RO/N/20/Rev.1,
27 July 1998
                                                     
14 The founder members are Barbados, Guyana, Jamaica, Trinidad and Tobago.  Bahamas, Belize,
Dominica, Grenada, Montserrat, Saint-Lucia, and Sain t Vincent and the Grenadines acceded to the Treaty in
May 1974, and Antigua and Barbuda and Saint Kitts and Nevis in July 1974.  Surinam and Haiti are the non-English speaking countries that have acceded to this Treaty.
15 Under the Chaguaramas Treaty, no commitment was made concerning the free movement of natural
persons.Haiti WT/TPR/S/99
Page 19
WTO Agreement Description of the requirement Frequency Symbol of the last notification
Safeguards
(Art. 12.6)Laws and regulations Once, then changes G/SG/N/1/HTI/1,
11 March 1998
Subsidies and
countervailing measures
(Art. 25.11)Adoption of countervailing
measuresBiannual if a measure is taken G/SCM/N/56/Add.1/Rev.1,
26 October 2000
Subsidies and
countervailing measures
(Art. 32.6)Laws and regulations Once, then changes G/SCM/N/1/HTI/1,
13 March 1988
Textiles and clothing
(Art. 2.7)Transitional safeguard mechanism Once G/TMB/N/322,
30 April 1998
Intellectual property
(Art. 63.2 and decisions)Laws and regulations Once, then changes IP/N/1/HTI/1,
12 November 1999
Intellectual property(Art. 69)Enquiry point Once, then changes IP/N/3/Rev.2/Add.9,
11 May 1998
Trade-related investment
measures (Art. 5.1)TRIMs adopted End March 1995 G/TRIMS/N/1/HTI/11,
6 April 1998
Trade-related investment
measures (Art. 6.2)Publications containing TRIMs Ad hoc G/TRIMS/N/2/Rev.8,
19 July 2000
Decisions(G/L/59)Procedures for notifying
quantitative restrictionsBiannually G/MA/NTM/QR/1/Add.7,
16 June 2000
GATS
(Arts. III.4 and/or IV.2)Enquiry point Once S/ENQ/68,
20 June 2000
GATT 1994
(Art. XVII.5(a))State trading enterprises To be submitted on 30 June 1995 G/STR/N/6/HTI,
13 April 2000
Source: WTO documents.
39. Prior to the adoption of Protocol II, the Treaty did not contain any specific commitment on
services although any measure taken by a member State had to be notified to the Council for Tradeand Economic Development and could not be more restrictive than the provisions in the current
legislation. Under Protocol II, capital movement is subject to national treatment and m.f.n. treatment,
as well as to the commitments on maintaining the status quo and dismantling;  coordination of trade
policy is encouraged.  The objective is to achieve totally free flow of capital and convertibility of
currencies in all the member States.
40. Protocol II also gives member States the pos sibility of adopting safeguard measures for
balance-of-payments purposes.
16  The measures must be non-discriminatory, may not last for more
than 18 months and may not include quantitative restrictions on imports, restrictions on services, or
restrictions on capital movement and the payments and transfers needed for the supply of services.
The measures must be notified to the competent bodies of CARICOM.  The balance-of-payments
situation of the Member concerned is assessed in regular consultations.  All the recommendations by
the CARICOM's Committee of Central Bank Governors on exchange rates, monetary reserves and thebalance-of-payments must be accepted.  Safeguard measures may also be adopted if there are
problems in exercising rights under the Treaty or in a specific sector or region.  The Protocol allows
exceptions for security reasons and includes special provisions for the least-developed countries,
which may waive certain obligations laid down in the CARICOM Treaty.
17
                                                     
16 Article 28 of the Annex to the Agreement on the Caribbean Common Market is replaced by
Article 37(c) bis, which is based on the provisions in the Memorandum of Agreement on the Balance-of-
Payments Provisions in the GATT 1994.
17 With the exception of Barbados, Guyana, Jamai ca and Trinidad and Tobago, all the other member
countries of the CARICOM are least-developed countries .  Haiti has been given this status for a period of
10 years.WT/TPR/S/99 Trade Policy Review
Page 20
41. The CARICOM started to operate as a customs union on 1 January 1991, the date on which
its common external tariff (CET) came into effect.  In October 1992, the Special Conference of Heads
of State and Government capped the CET at 35 per cent for non-agricultural and 40 per cent for
agricultural products.  These rates came into effect as of January 1993.  The intention was to lower the
maximum tariff from 35 per cent in 1995 to 20 per cent in 1998 in four stages.  National exemptions
from the CET are authorized.  Article 56 of the Treaty also allows temporary suspension of the CETor any internal liberalization measure if this is necessary for the development of a sector of activity in
a member State.
18
42. Under the customs union, the majority of customs duties and non-tariff barriers to intra-
CARICOM trade have been abolished, but intra-regiona l trade in services has not yet been liberalized,
even though Article 36 of the Annex to the Treaty provides that suppliers of services in theCARICOM have the right to preferential treatmen t in comparison with those from third countries.
The rules of origin are complex;  they provide that, in order to benefit from preferential treatment, it is
usually necessary to have a regional value-added of at least 50 per cent of the product's price,
although this is far from being the case.  More sp ecifically, a good is deemed to originate in the
Community if it is:
- Wholly produced in the Community.  Goods manufactured from raw materials that
are already of regional origin are also deemed to be wholly manufactured in the
region.  The same applies to intermediate goods used in the manufacturing process;
or
- wholly or partly manufactured in the Community from raw materials imported from
outside the region or of indeterminate origin that have undergone substantialprocessing resulting either (i) in classifying the final product under an HS tariff
heading that is distinct from that in which the raw material used is classified;  or (ii)
observance of the special manufacturing requirements that appear in Programme I of
Article 17 of Protocol IV (depending on the product, the rules of origin require that
certain regional raw materials be used in the manufacturing process or that rawmaterials from outside the region do not exceed a certain percentage of the export
value of the final product).
19
43. Article 13.1 of the CARICOM Treaty authorizes members to impose quantitative restrictions
or customs duties on the products listed in Annex I to the Treaty (under certain circumstances).  Thereis no overall policy on export subsidies although, in principle, these are not authorized except for
certain agricultural products.  Export taxes are also prohibited.  No export incentives are authorized
and a member may refuse to grant preferential access to the exports of another member that benefits
from tax relief.
20
44. Articles 11 and 12 of the Treaty provide for a dispute settlement mechanism.  Any dispute
that has not been settled by mutual agreement between the parties is considered by an ad hoc tribunal
of three arbitrators.  The final sanction against any member who does not respect the tribunal's rulings
is suspension by any other member of the obligations towards that member under the Treaty.21
                                                     
18 There are safeguards for agricultural products.  In addition, Guyana has a special sectoral safeguard
on the import of petroleum products from the Caribbean Common Market.
19 Article 17 of Protocol IV amending the Annex to the Chaguaramas Treaty.
20 WTO (1999a).
21 WTO (1999b).Haiti WT/TPR/S/99
Page 21
45. Haiti has negotiated and obtained a number of concessions regarding the implementation of
the CARICOM's CET.  As the tariffs in effect in Haiti are fairly low, application of the CET would
have meant a substantial increase in customs duties and consequently of the average tariff rate.  Haiti
has therefore been allowed to suspend the CET on some 500 products for a period of five years.  This
renewable adjustment period should begin at the time the CARICOM Treaty is ratified by the Haitian
Parliament.  Haiti has also been allowed to exempt foodstuffs received in the form of aid.22
46. The CARICOM has signed bilateral trade agreements with Colombia and Venezuela and is
planning to negotiate similar agreements with the MERCOSUR, the Andean Pact, the Dominican
Republic and some Central American countries.
47. The agreement between the CARICOM and Colombia on trade, economic and technical
cooperation was signed on 24 July 1994 and renegotiated in 1997.  Pursuant to its provisions,Colombia unilaterally gives a series of products originating from the CARICOM preferential access to
its markets.  It has also been agreed that duties on several Colombian exports to the most developed
CARICOM countries, namely, Barbados, Guyana, Jamaica, and Trinidad and Tobago, should
gradually be lowered as of 1 January 1999.  The Agreement contains provisions on harmonizing
standards, as well as on cooperation in the area of services, (particularly tourism), trade financing andtransport, environmental protection, development of agriculture, and research.  It has a safeguard
clause if there is injury or threat of injury to domestic production or for balance-of-payments reasons
and allows the possibility of applying  anti-dumping or countervailing duties.
48. The trade and investment agreement between CARICOM and Venezuela was signed in
October 1992 and entered into force on 1 January 1993.  Pursuant to the provisions of this Agreement,
Venezuela gives non-reciprocal preferential treatmen t in the form of duty-free entry to products from
CARICOM.
23  In return, it is agreed that any change to the CET will be made in consultation with
Venezuela.  The agreement also aims to promote investment in the region and to facilitate the creation
of joint enterprises.24  It contains a safeguard clause that Venezuela can apply if its domestic
production suffers injury or if there are balance-of-payments problems.  The safeguard measures can
be applied for a maximum period of one year and must be approved by the joint CARICOM-
Venezuela Trade and Investment Council.  The si gnatories are authorized to apply measures to
combat unfair trade practices such as subsidies and dumping.
(b) Association of Caribbean States (ACS)
49. Haiti has been a member of the ACS since 1994.  The Association's purpose is consultation,
cooperation and joint action in the areas of trade, transport, tourism and natural disasters.  It was
launched by the CARICOM Heads of State on 29 July 1994 and comprises 25 members from theCaribbean Basin.  The ACS has a total market of 200 million people, a GDP estimated at
US$500 billion and annual trade amounting to US$180 billion.  It's objectives are to develop
strategies to harmonize the trade policies of its members, promote new initiatives to increase the
volume of trade, and strengthen the role of the private sector in trade and regional development.
50. The ACS plan of action was adopted at the inaugural summit in August 1995 and aims to
speed up the process leading to fuller integration, as well as to the adoption of practical measures and
                                                     
22 Bureau for the Coordination and Follow-up of the CARICOM/WTO/FTAA (2000) Agreements.
23 The products covered by the annexes include fresh produce, sugar and confectionery, cosmetics,
jams and jellies, medicines, wooden furniture, horticultural products, spices, food preparations and toiletpreparations.
24 These objectives are to be achieved through bilateral treaties between Venezuela and each member
country of the CARICOM.WT/TPR/S/99 Trade Policy Review
Page 22
the holding of consultations among member States for this purpose, especially in the areas of trade,
tourism and transport.  The Committee on External Economic and Trade Relations has been given the
task of following up the plan of action in the area of trade.  The plan is exclusively aimed at
promoting trade and gives the organization's Secretariat the mandate to provide members with
information on the WTO Agreements and on their implementation by each State and to coordinate
efforts to harmonize trade rules and regulations among the different secretariats, inter alia.
(c) Free Trade Area of the Americas (FTAA)
51. Haiti is also participating in the negoti ations within the framework of the FTAA.25  The
negotiations began in 1994 for the purpose of creating a free-trade area by the year 2005.  Working
groups have been set up to collect information, identify the problems and prepare the negotiations.
Since 1999, these working groups have become negotiating groups in which the member States of theCARICOM participate with a view to  defining a common regional position.
(d) CARIFORUM
52. Haiti is a member of the CARIFORUM, a regional organization set up on 19 October 1992,
which brings together the Caribbean countries signatories to the Lomé IV Convention.  Its major
objectives are to coordinate and monitor the allocation of resources received from the EuropeanDevelopment Fund (EDF) to be used to finance regional projects in the Caribbean.
(iii) Bilateral agreements
53. The bilateral trade agreements to which the Republic of Haiti is party do not concern free
trade as such but are rather framework agreements drawn up according to the most-favoured-nation
principle.  Such agreements have been signed with Argentina, Bahamas, China, Colombia, Denmark,
Dominican Republic, Germany, Iceland, Israel, Italy, Japan, and Liberia.
(iv) Other agreements and arrangements
54. Under the Generalized System of Preferences (GSP), Haiti enjoys preferential treatment by
developed countries.  It does not participate in the global system of trade preferences among
developing countries.
55. Four preferential regimes have been introduced for Haitian products exported to the
United States.  These are the GSP, the Caribbean Basin Initiative (CBI), the expanded CaribbeanBasin Initiative and the Textiles Programme (Section 807-A of the Caribbean Basin Economic
Recovery Act).  In general, these regimes provide fo r duty free entry to the United States for eligible
products, although federal consumer taxes must be paid.
56. The CBI establishes a preferential scheme for Central American and Caribbean countries.
26
Under the CBI, more than 20 countries in the region, including Haiti27, may obtain duty free entry to
                                                     
25 The FTAA is an initiative whose purpose is to integrate the continent's economies within the
framework of a free trade agreement.  It was launched at the Summit of the Americas in Miami in December
1994.
26 The CBI entered into force in January 1984.  Its 1990 revision (CBI II) improved the preferential
treatment given therein.
27 Cuba and the French Overseas Departments of Guadeloupe, Martinique and French Guyana are
excluded.Haiti WT/TPR/S/99
Page 23
the United States market for a wide range of products;  articles such as textiles, clothing, footwear,
leather goods, tinned tuna, petroleum and petroleum products are excluded.
57. To be eligible under the CBI, products must be marketable and directly exported to the United
States.  They must be wholly produced, manufacture d or grown in one or more countries benefiting
from the CBI or, if not, have undergone substantial processing there.  In the latter case, at least 35 per
cent of the cost price must be attributable to direct processing in one or more beneficiary countries.28
Raw materials imported from the United States and used to manufacture the exported product may
account for up to 20 percentage points of the 35 per cent minimum. Origin is also allowed for
products manufactured from raw materials importe d from Puerto Rico and the American Virgin
Islands.  In such cases, the entire 35 per cent may be made up of imports.
58. In May 2000, the US-Caribbean Basin Trade Part nership Act extended to CBI countries the
tariff and preferential quota treatment applicable to certain textiles and clothing from other countries
belonging to the North American Free-Trade Area (NAFTA).  Tariff concessions under this
framework will apply until September 2008 or until the FTAA comes into effect.29
59. Haiti also benefits from the "Caribbean Basin Special Access Programme for Apparel TSUS
807A".  This is a quota scheme that gives a guaranteed level of access to the United States for certaintypes of clothing cut in the United States or manufactured using United States fabric but assembled in
a country belonging to the CBI.
30  The following are the assembly operations authorized:  sewing,
glueing, laminating, riveting and welding.  This programme allows access for clothing manufactured
in countries belonging to the CBI but not cut in the United  States nor made of United States fabric.
In such cases, "designated levels of consultation" are negotiated.  Each article has "minimum
guaranteed access" or a "trigger point" for each year;  the maximum levels for each article are
negotiated every year.  Articles cut in the United States or manufactured using United States fabrichave higher guaranteed access levels and come under a special certification scheme.  There are two
other levels of access under the standard category:  one for articles that mix United States and non-
United States inputs and another for articles made solely of non-United States inputs.
60. Haiti has signed the Cotonou Agreement, which establishes preferential trade and aid
relations between the EU and 71 developing countries  in Africa, the Caribbean and the Pacific (ACP).
The Agreement was signed on 23 June 2000 to replace the Lomé Conventions signed in 1975, 1979,
1984 and 1989.  It will remain in force for 20 years.  Haiti ratified this Agreement on
19 December 2000.
61. Under the Cotonou Agreement, the EU gives non- reciprocal preferential treatment to imports
of the majority of products from ACP countries.  It also gives special access to its market pursuant tothe protocols in force for certain products (bananas, beef and veal, sugar) from ACP countries.  The
Cotonou Agreement abolished the Stabex and Sysmin schemes as well as the protocol on rum in the
Lomé Conventions.  The non-reciprocal tariff preferences currently given to all ACP countries will
remain in place until 31 December 2007.  As of 2008, they will be replaced by a series of economic
                                                     
28 Calculation of the cost price includes the following elements:  raw materials from any beneficiary
country;  cost of direct labour and amortization of equipmen t and tools;  cost of engineering, design and research
and development;  inspection and  testing costs.  It does not include the following elements:  insurance,advertising, administrative wages, commercial benefits, commission or any other costs directly related to
developing or manufacturing a particular product.
29 United States International Trade Commission (2000).
30 The fabric must be purchased by the importer in the United States and cut into components there.
These components are then shipped to the CBI country to be assembled and subsequently re-imported into theUnited States under heading 807.001 of the United States Customs Tariff (TSUS).WT/TPR/S/99 Trade Policy Review
Page 24
partnership agreements (EPA).  These will be free-trade agreements based on reciprocity and
consistent with the WTO rules.
62. On 26 February 2001, the European Union's General Affairs Council adopted the "Everything
but Arms (EBA)" initiative and this entered into force on 5 March 2001.  The EBA allows duty-free
entry to EU markets for all products from least-de veloped countries (LDCs), with the exception of
arms and ammunition.  It does not cover fresh bananas, rice or sugar.  The following provisions applyto these three products:
- For fresh bananas, full liberalization through an annual decrease of 20 per cent in the
EU's 2001 tariff between 1 January 2002 and 1 January 2006;
- For rice, full liberalization through gradual reduction of the EU's tariff to a zero rate
between 1 September 2003 and 1 September 2009.  Meanwhile, rice imported from
LDCs will be able to benefit from duty-free entry within the limits of a tariff quota.
The initial quota levels will be based on the highest levels of exports from LDCs in
recent years, increased by 15 per cent.  The volume of the quota will be increased by
15 per cent each year;  and
- For sugar, full liberalization between 1 July 2006 and 1 July 2009 through a gradual
reduction of the EU tariff to a zero rate.  Meanwhile, imports of sugar from LDCs
will be able to enter duty-free within the limits of a tariff quota.  This quota will rise
from 74,185 tonnes (white sugar equivalent) in 2001/2002 to 197,355 tonnes in
2008/2009.
31
63. In order to prevent delays in examining any po ssible disruption of EU markets, it is planned
that if, in any financial year, imports of rice, sugar or bananas exceed or could exceed imports for the
preceding year by more than 25 per cent, the EU Commission will automatically verify whether the
requirements for applying safeguard measures in co nformity with the GSP regulations have been met.
64. Haiti has signed international agreements under which each party commits itself to treating
investment on its territory by nationals and firms from the other party in a fair and equitable manner.32
These agreements guarantee in particular the free transfer of interest, dividends, profits and otherearnings by citizens in each country, the prior payment of fair remuneration (in cases of
expropriation) and compensation (in cases of damage or losses caused by political conflict), and
provide procedures for resolving any disputes.  Haiti has signed the Convention Creating anInternational Centre for Settlement of Investment Disputes (ICSID)
33, and the Convention on the
Multilateral Investment Guarantee Agency (MIGA) in 1995.34  Haiti has also signed the United
Nations Convention on the Execution of Foreign Arbitral Awards.
                                                     
31 Information available from:  http://europa.eu.int/comm/trade/miti/devel/eba4_sum.htm.
32 Haiti has signed such an agreement with Canada, Chile, France, Germany, Italy and the United
Kingdom.
33 This Convention (1965 Washington Convention) provides a general framework for the settlement of
disputes between a State party and foreign investors nationals of member States.  The Haitian Parliament has notyet ratified this Convention.
34 The Haitian Parliament has not yet ratified the MIGA Convention.Haiti WT/TPR/S/99
Page 25
(v) Trade-related technical assistance
(a) General
65. The Republic of Haiti regularly has recourse to the technical assistance provided by the WTO
and other international bodies.  This assistance ha s mainly been sought in order to allow Haiti to
implement the WTO Agreements, in particular that on customs valuation, and to derive greater benefit
from the multilateral trading system.  Since the in itiation of the Integrated Framework for Trade-
Related Technical Assistance at the WTO High-Level Meeting on Least-Developed Countries in
1997, technical assistance to LDCs has been reinforc ed.  During preparations for the Conference, the
Haitian authorities assessed their overall needs for several years.35
66. According to the provisions of the Integrated Framework (WT/LDCHL/1/Rev.1), this
assessment was to serve as the starting point for global technical assistance proposals (relating totrade) during a round table.  A sectoral round table was accordingly held on 11 and 12 November
1999 in Port-au-Prince.  The six original organizations of the Integrated Framework, together with
UNIDO, ITU and Haiti's major bilateral partners, took part.  It allowed a certain number of specific
assistance projects to be identified.  No firm financing promises were received, however, apart from
one from the World Bank concerning an export credit insurance project and one from Japan onmetrology projects.
67. In order to remedy this problem, in 2000 the Government established a committee to follow
up the round table and this has become a catalyst for the initiation of several projects by the Haitian
authorities without external financial support.  Thes e projects are part of the Government's plan of
action to combat poverty and concern the following in particular:
- The preparation of an Investment Code (now before the Haitian Parliament) and a
draft law on economic free zones;
- the preparation of a three-volume document on the introduction of an investment
facilitation mechanism, adapting the single window concept to the Haitian context, as
well as the relevant legal framework and budget;
- institutional restructuring of the Ministry of Trade and Industry;  and
- national capacity-building in the area of food inspection.
68. In order to follow up some of the results of this round table and to support efforts undertaken
independently by the authorities, the Integrated Framework's Steering Committee gave Haiti a sum of
US$300,000 in May 2000.  An identical sum had already been given to each of the other four
countries that had held round tables before the review of the Framework in spring 2000.  The review
took place in order to remedy the lacunae noted during the first phase of the Integrated Framework
when the solutions identified to resolve trade problems did not take account of the interdependenceamong various issues stemming inter alia  from supply constraints.  A pilot programme for the
Integrated Framework was then adopted in March 2 001.  Its purpose is to help LDCs to draw up a
trade integration strategy that will foster the su stainable growth of their economies by integrating
national policies and other priorities.  This pilot programme was initiated by conducting diagnostic
studies on trade integration in three pilot countries (Cambodia, Madagascar and Mauritania) and is
being extended to other countries.  The conclusions of these studies, carried out under the guidance of
                                                     
35 WTO document WT/COMTD/IF/5.WT/TPR/S/99 Trade Policy Review
Page 26
the World Bank, will be used as the basis for a plan of action containing recommendations and
identifying priorities for technical assistance.
69. The use of the aforementioned sum should allow some activities deemed by Haiti to be
priorities to be financed.  These relate to the integration of the trade component in development plans
and strategies to combat poverty, including the following:
- examination of the legal framework for trade and investment;
- building the institutional capacity of the Ministry of Trade;  and- developing export activities.
It should be possible to cover all these activities according to the phases determined depending on the
financial resources available.
70. As part of the first phase covered by the US$300,000 mentioned above, in July 2001 a
mission went to Haiti in the context of the WTO's trade policy review mechanism, and there wasanother mission by the ICC and the WTO in December 2001.  These missions enabled an analysis of
technical assistance needs to be made, particularly  as regards enhancing Haiti's participation in the
multilateral trading system.
71. The areas in which Haiti needs the greatest assistance are the following: training in the
multilateral trading system particularly in ministries, among the media and in the private sector;
information on the multilateral trading system;  in stitutional support for the Ministry of Trade and
Industry; preparation or amendment of legislation and regulations to bring them into line with theWTO Agreements; notifications;  implementation of the Agreements; and participation in multilateral
negotiations and the regional integration process.
(b) Training in the multilateral trading system
72. A limited number of officials, the majority from the Ministry of Trade and Industry (MCI)
have overall knowledge of trade policy and its instruments.  Some Ministries, for example those ofAgriculture, Justice, Public Works, Transport and Telecommunications, seem to have limited
knowledge of the multilateral trading system (MTS), certain aspects of which are nevertheless of
direct interest to them.  This is because these Ministries have little contact with those who deal
directly with such issues or do not see how multilateral trade questions are of interest to their fields of
activity.  Other Ministries or entities directly concerned such as the Customs, the Ministry of Planningand Cooperation or the Ministry of Foreign Affair s (with the exception of the Permanent Mission in
Geneva) also appear to be in a similar situation.  Together with a seeming lack of
communication/coordination among Ministries, this explains why all multilateral trading system
matters are dealt with solely by the Ministry of Trade and Industry.
73. This is why it is generally MCI officials who participate or have already participated in trade
policy courses in Geneva (courses lasting three months or short-term trade policy courses).  Officials
from other Ministries such as those of Foreign Affairs, the Economy and Finance (including the
Customs) have rarely been associated with technical cooperation activities undertaken on a regional
scale.  Economic operators in the private sector al so know very little about the multilateral trading
system and its rules; the only people who appear to have knowledge of the multilateral system are
those directly responsible for such institutions (for example, the secretaries of representative private
sector institutions).  No special training on the MTS appears to be given at the University of Haiti.Haiti WT/TPR/S/99
Page 27
External support could be sought in order to help the University of Haiti to elaborate a curriculum on
international trade inter alia .  For this purpose, the WTO Secretariat, other international organizations
such as the ICC and UNIDO, as well as bilate ral donors and non-governmental organizations, have
recently started to provide aid in order to meet ge neral training needs.  A special effort for LDCs is
outlined in the 2002 action plan drawn up by the WTO Secretariat.  This should be enhanced through
greater collaboration among international organizations within the context of the IntegratedFramework or a possible second phase of the JITAP, a programme in which Haiti would like to
participate)
36, and also at regional or sub-regional levels, for example, within the framework of the
CARICOM.
(c) Information
74. There are few enquiry points in Haiti.  Only the WTO Reference Centre, set up in the
Ministry of Trade and Industry (MCI) in 1998 to provide information on the multilateral trading
system, particularly through a connection with the WTO's official site, and the Chambers of
Commerce in Haiti (CCIAH37, the Franco-Haitian Chamber, etc.) are able to provide general
information on the WTO and the other institutions dealing with trade matters.  The premises of the
Reference Centre and its library, set up by the WTO, have recently been renovated using MCIresources, but they are not readily accessible to persons outside the Ministry.
75. The Centre's data processing equipment has become obsolete and non-operational.  Very few
people in the MCI are able to use the equipment provided.  The Centre should therefore be given
substantial support to allow it to play its role effectively and the computer equipment provided by the
WTO should be upgraded and expanded.  The Cham bers of Commerce have basic documentation on
the GATT and the WTO – transmitted at the request of these institutions – but it is no longer
up-to-date.  The Haitian media are not at the moment in a position to report properly on multilateralissues, even though they have some knowledge of the MTS, particularly as regards ministerial
conferences.  There is thus a need to update and enhance knowledge by sending appropriate
documentation from the WTO and also by inviting representatives of the media to observe the work
being done in the WTO.
(d) Institutional support for the Ministry of Trade and Industry
76. Due to the aforementioned problems, the MCI continues to play a leading role, particularly in
the absence of a focal point on multilateral issues in Haiti.  The Ministry nevertheless finds it very
difficult to play such a role, not only because of disputes over competence between the Ministry and
other bodies (such as the Customs) or the lack of coordination, but also because at present there are
few officials able to deal with the matters; there is no institutional memory in the Ministry because themajority of well-trained officials, particularly those who attended the GATT/WTO trade policy
courses, have left the Ministry to take up other jobs in the private sector or in other structures (such as
the Bureau for WTO negotiations and the CARICOM) or have left Haiti in the past decade.  Lastly,
the financial resources are inadequate.  For these reasons, the recommendations made in the plan for
the restructuring and systematization of the MCI, prepared with financial support from the EuropeanUnion, should be implemented without delay.
(e) Notifications
77. The Republic of Haiti finds it difficult to meet its obligations concerning notifications to the
WTO.  This is mainly due to limited knowledge of the WTO Agreements and the notification
                                                     
36 JITAP: "Joint Integrated Technical Assistance Programme".
37 CCIAH: American-Haitian Chamber of Commerce and Industry.WT/TPR/S/99 Trade Policy Review
Page 28
requirements on the part of officials responsible for this task.  The majority of notifications are often
highly technical in substance so the officials find it difficult to draft them.  There are also problems of
coordination among the Ministries concerned.
78. On several occasions, Haiti has received assistance from the WTO Secretariat in the form of
documentation and through participation by Haitian officials in two workshops on notification held in
Geneva in 1996 and 1997.  Nevertheless, because there are still problems, the authorities would likefurther assistance from the WTO Secretariat on notifi cation, for example, in the form of technical
missions to the various Ministries and institutions concerned.
(f) Adaptation of legislation
79. The Republic of Haiti has some difficulty in bringing its legal system into conformity with the
WTO Agreements.  The Commercial Code, for example, dates from 1826 and was revised in 1944.The same applies to a certain number of other laws and regulations.  The scope of the task makes the
process of adapting to the WTO Agreements a long and difficult one.  In addition, there are
constraints caused by the limited financial resources in the Ministries concerned; legal problems
partly caused by the incorporation of the informal sector; problems of political instability; and, lastly,
coordination difficulties.  Following the technical mission in December 2001, the legal services of theICC are providing technical assistance in drawing up an inventory of legal acts.  In addition to the
work by the ICC and the funds allocated by the European Union in particular in the context of global
reform of the judicial system, further technical assistance in this area could be envisaged.
(g) Implementation of the Agreements
80. The major problem is the lack of information on the provisions in the Agreements that must
be implemented and the action needed for this purpose.  The same is true regarding the obligation to
notify operations by State-trading enterprises in accordance with the Understanding on theInterpretation of Article XVII of the GATT 1994 or the elimination of certain types of measure such
as trade-related investment measures where these exist in Haiti.  Consequently, the crucial issue of
implementation will not be fully resolved until there is better knowledge of the Agreements.
Substantial assistance is therefore needed.   The areas that are of most concern to Haiti in relation to
implementation are customs valuation; sanitary and phytosanitary measures; technical barriers totrade; and trade-related aspects of intellectual property right (TRIPS).
81. Because of the inadequate human and instituti onal capacity in its customs administration, in
December 2001, Haiti requested the WTO's General Council to extend the period for application of
the Customs Valuation Agreement until 30 January 2003, and this was agreed.
38  Haiti must report to
the WTO Council for Trade in Goods by 31 March and then 31 October 2002 on the progress made infulfilling the work programme in the annex to the decision of December 2001.  The programme
comprises the following:
- updating the national customs legislation and administrative procedures in accordance
with the WTO Agreement;
- establishment of a working party consisting of representatives from the Ministries and
sectors concerned in order to draw up recommendations for implementation of the
Agreement;
                                                     
38 WTO document WT/L/439.Haiti WT/TPR/S/99
Page 29
- training of customs officers for the implementation of Article VII of the GATT, in
particular through attendance at training courses organized mainly by the World
Customs Organization (WCO), with the support of the WTO and the French customs
service;
- recruitment of officers for the creation of local valuation units and strengthening post-
clearance control;  and
- installation of a value index in all customs offices and a database on valuation and
customs fraud.
As part of this programme of work, technical assistance has already been provided by the French
customs and then by the WTO (mission by a consultant in February 2002), as well as by the
UNCTAD for the computer aspects.  Progress at the national level remains modest.  For example,
none of the nine regional centres appears to be linked to the capital for various reasons, including
technical reasons.
82. According to the authorities, Haiti's resources ar e too limited to allow it to benefit from the
Agreements on Technical Barriers to Trade and on Sanitary and Phytosanitary Measures.  They
indicate in this connection that the enquiry points do not have any material resources to carry out their
tasks and that, as far as infrastructure is concerned, there is no laboratory for testing the quality of
imports.  The same is true for consumer protection.  There is no metrology structure in Haiti.  The
authorities would like to see the relevant provisions of the Agreements put into practice throughtechnical assistance, (particularly at the bilateral le vel), support for the structures planned by the MCI
on quality control and metrology, the setting up of laboratories or supply of equipment, and support
for the efforts currently being made in this connection, particularly with Belgian bilateral cooperation.
83. Haiti intends to align its legislation with the provisions in the WTO's TRIPS Agreement by
the end of 2005.  However, it has few experts or resources to carry out such a revision.  According tothe WIPO, Haiti has not signed any trade mark convention.  It has recently been receiving technical
assistance from the WIPO, but has not received any specific aid from the WTO or the WCO.  It is
nevertheless a matter of urgency to enhance knowledge of the Agreement in all Ministries and to
programme appropriate training for magistrates, adapt or initiate domestic legislation, and assist the
bodies concerned to apply the Agreement, in particular, the Customs in the case of imports ofcounterfeit goods.
84. The Ministry of Trade and Industry would like to receive technical assistance in transposing
its former list of tariff concessions at the WTO.  Haiti has a schedule of tariff concessions
(Schedule XXVI), which was initially drawn up during  the first negotiations of the GATT (at Annecy
in 1949);  this schedule has never been revised.  Amendments are called for, particularly to convertthe nomenclature into the Harmonized System and to align the initial concessions and those made
under the Uruguay Round.  Nothing has been done in this respect because of a dispute over
competence between the Customs and the Ministry of Trade and Industry, the main instigator of the
tariff concessions made during the various rounds of multilateral trade negotiations.  Haiti's accession
to the CARICOM, whose Common External Tariff it will have to apply one day, also appears to be a
reason for this delay because there might subsequently have to be a regional initiative in this respect.
(h) Participation in the WTO and in trade negotiations
85. The main issue raised by the Haitian authorities was how to enhance their participation in the
WTO's work and in present and future trade negotiations.  The authorities would like to strengthenWT/TPR/S/99 Trade Policy Review
Page 30
their permanent mission to the WTO by appointing officials with expertise in trade issues.  They
would also like to see their officials better informed and prepared for multilateral negotiations and for
future negotiations in connection with the Cotonou Agreement or the CARICOM.  Technical
assistance would be welcome in the form of se minars/workshops on the issues contained in the
WTO's programme of work resulting from the Doha Ministerial Declaration of November 2001, more
especially issues related to competition, investment and government procurement, as well asnegotiating techniques.  Lastly, the authorities would like to receive assistance over the next few
months on databases or on the role of statistics in the negotiations.