2013 investment guide to haiti

Upload: ideemark-haiti

Post on 04-Jun-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/13/2019 2013 Investment Guide to Haiti

    1/74

    CENTER FOR FACILITATION OF INVESTMENTS

    2013INVESTMENT

    GUIDE

    REPUBLIC OF HAITI

  • 8/13/2019 2013 Investment Guide to Haiti

    2/74

  • 8/13/2019 2013 Investment Guide to Haiti

    3/74

    2013INVESTMENT

    GUIDE TO HAITI

  • 8/13/2019 2013 Investment Guide to Haiti

    4/74

    2013

    INVESTMENTGUIDE TOHAITIACKNOWLEGMENTSThe content of this guide was developed through consultations with publicand private sector organizations as well as multilateral agencies. The Centerfor facilitation of investsments is grateful to the many organizations andinstitutions for making the publication of this guide possible by providingfeedback, input, and other forms of assistance .In particular, we would like to thank the Haitian Chamber of Commerceand Industry (CCIH), the Association of Industries of Haiti (ADIH), the Amer-ican Chamber of Commerce (AMCHAM), the Haitian-Canadian Chamber ofCommerce (CCIHC), the CTM-HOPE, the US Trade Representative Oce,USAID, the International Finance Corporation (World Bank Group), the Clin-ton Foundation, the Presidential Advisory Council on Economic Growth andInvestments (PACEGI), the Private Sector Economic Forum, the Tourism As-sociation of Haiti (ATH), the Free Zone Association, the National Corporationof Industrial Parks (SONAPI), the Ministry of Commerce and Industry, theMinistry of Tourism, the Ministry of Agriculture , and other public entitiesthat provided their input. Cooperation between Inter-American Develop-ment Bank and the CFI was essential for the success of this project.

    DISCLAIMERSWhile every reasonable effort has been made to ensure the informationprovided in this publication is accurate as of the date of publication, thereader should not make any business or other decision based on this infor-mation alone, without a further independent validation. Neither the CFI norany of its collaborators can be held responsible for any such decision or itsconsequences. Nothing in this publication is intended as business, legal, ortax advice.

    Please visit the CFI website www.chaiti.com, for the latest information andto download this guide.

  • 8/13/2019 2013 Investment Guide to Haiti

    5/74

    HAITI AT A GLANCEP12-P33

    REASONS TO INVESTP34-P41

    HOW TO INVEST INVESTP42-P43

    ABOUT THE COUNTRYP44-P65

    01

    02

    03

    04

    05

    COMING TO HAITIP66-P67

    06CENTER FOR FACILITATIONOF INVESTMENTS CFIP68-P71

  • 8/13/2019 2013 Investment Guide to Haiti

    6/74

    There are several key hubs for growth and investment that spur theemergence of a nations economy, such as: construction and infra-structure, nancing, information and communication technologies,education and training, agriculture and animal husbandry, tourism,apparel industry and Business Process Outsourcing (BPO). This eco-

    nomical potential has to be harnessed, and its in that direction thatthe Advisory Council will assist my administration in traversing theobstacles to direct investment to propel growth in Haiti.

    The country has all the necessary natural assets ripe for harvest. Wehave more than 1600 km of seashore, as well as a rich culture andimmense business opportunities. The building sites of the recon-struction are open and the means to ensure investment in the var-ious sectors of the economy will be given by the public authorities.The strategic vision of my government for Haiti is to put an emphasison the creation of 500,000 jobs over the next three years by fuellingthe growth engines of the Haitian economy. The hubs for growth willbecome the direct paths to investments, once they are clearly de-ned and stimulated by the large corporations, mid-size businessesand micro-enterprises.

    The Presidential Advisory Council on Economic Growth and Invest-ment is one of my campaign promises. This organization will developinnovative strategies to attract direct foreign investments to Hati.Laws and regulations will be ratied in order to offer investors themost accommodating environment. The State and the territorialcommunities will all take part in work to improve the attractivenessof Haiti as an investment hub. The Advisory Council with its mem-bers, is an invaluable instrument contributing to the improvement ofHaitis image abroad, and pivotal in building the nation into a prime

    hub for foreign direct investment in the Caribbean.

    HAITI IS MOVING

    FORWARD

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    7/74

    HIS EXCELLENCYMICHEL JOSEPH MARTELLY

    PRESIDENT OF THE REPUBLIC OF HAITI

  • 8/13/2019 2013 Investment Guide to Haiti

    8/74

    HIS EXCELLENCYLAURENT SALVADOR LAMOTHEPRIME MINISTER OF THE REPUBLIC OF HAITI

  • 8/13/2019 2013 Investment Guide to Haiti

    9/74

    HAITIIS OPEN FOR

    BUSINESSThe Government of Haiti is dedicated to promote social inclusionprograms to allow Haitians the opportunity to get jobs, for the pri-vate sector to nd strategic partnerships, and nally for the coun-try to benet at last.Our vision is to become an emerging nation by 2030. This mightsound grandiose to some in light of the general perception of Haiti,but those who know Haiti and those who are Haitians can testifythat we are resilient people, and the challenge that we currentlyface will be overcome.We are strengthening democratic institutions and improving theRule of Law to maintain political stability. Changes have beenmade. To attract foreign direct investment, Haiti must maintainsound macroeconomic fundamentals, create competitive regu-latory framework, ght corruption, promote an institutionalizedtransparency and accountability, as well as apply internationallyaccepted best practices. Those are the necessary stepping-stonesthe Government of Haiti is taking to ensure long-term economicdevelopment.According to the World Bank, the Haitian economy is recovering af-ter the earthquake with a GDP growth of 6% in 2012 and will be one

    of the fastest growing GDP in the hemisphere for the coming years.Domestic output is expected to grow stronger in the short run driv-en by the reconstruction effort. Our government is committed toaccelerate fast tract public investment and do all it can to attractprivate investment.A strong collaboration with the private sector is fundamental; afterall it is the economic force that generates employment and eco-nomic wealth for a nation. For all investors and entrepreneurs, in-vesting in Haiti means that you will nd a government that is willingto work with you. The Government sees investment as a clear cata-lyst in rebuilding our country.

    It is the best time to invest, Haiti is Open for Business!

    9

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    10/74

    Dear Investor,

    It is with great pleasure that I present to you the rstInvestment Guide to Haiti produced by the Centerfor the Facilitation of Investments (CFI). Haiti hasexperienced tragedy in recent years, but there arealso clear signs of a better future. In 2009, beforethe January 2010 earthquake, the country postedone of the highest growth rates in the region. Theearthquake not only dealt the country a severe eco-nomic blow, but also produced one of the greatest

    humanitarian emergencies on record in the region.Both the Government and private sector of Haitihave shown their commitment to consolidate thetransition from emergency relief to sustainable re-covery, in this way turning tragedy into a window ofopportunity.For the investor, Haiti today offers valuable com-petitive advantages making it an attractive desti-nation for capital. The country has a free-marketeconomy and low-cost labor, a pro-business gov-ernment, and demands for capital that will contin-ue to increase in the future.

    The Haitian Government works diligently to im-prove the legal and economic environment and topromote foreign and domestic direct investment.

    These new policies have fostered interest in do-ing business in the country, particularly in sectorssuch as apparel manufacture, tourism and leisure,agribusiness and food processing, call centers, con-struction and building materials, mining, and artsand crafts. We trust investors will recognize and re-spond to the numerous opportunities available inHaiti. In partnership with a welcoming and support-ive government, foreign investors have a real op-portunity to forge protable business relationshipsin Haiti, as well as to rebuild this beautiful country.

    This guide presents an overview of Haiti as an in-vestment destination. It highlights the advantagesoffered in Haiti and the incentives offered by thegovernment. It also describes the operating envi-ronment for businesses, including an overview ofregulatory framework for investments.CFI is the national investment promotion agencythat resulted from a public and private sector part-nership. It was created in 2006 as a One-Stop Shopfor promoting foreign and domestic investment inthe country. We warmly appreciate your interest inHaiti and look forward to working with you.

    GEORGES ANDY RENEDIRECTOR GENERAL

    CENTER FOR FACILITATION OF INVESTMENTS (CFI)

    HAITI IS TRANSITIONING

    FROM AID TO TRADE

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    11/74

    HAITI

    PRESENTSUNTAPPED

    POTENTIALHaiti is open for business means that the governmentwill take all the necessary steps through the relevant or-ganizations, such as the Haitian Chamber of Commerce& Industry (CCIH), and the Center for the Facilitation ofInvestments (CFI), to [ensure] that companies looking toinvest in this country are helped through the process asquickly as possible.

    FOREIGN INVESTMENTS...

    Job creation is very important, and we understand thatto achieve this goal we need to attract foreign invest-ments. We know that these new ventures will requirethat we increase our skills base. But we also know thatthe presence of foreign companies obliges local playersto up their game, and raises standards of good gover-nance. This is a good thing for Haiti. Haitian companieswill adapt and evolve. The important thing for overseascompanies to remember is that Haiti needs and wantsforeign investments.

    HUGE POTENTIAL...

    My advice to people thinking about investing in Haiti is totake the time to get to know Haiti, dont just y in for halfa day; come for three or four days and contact us rst.We will arrange meetings, show you around, put you intouch with the right people, the people on the ground.Get in touch with CFI, get out there and have a properlook around. If the CEO cant stay for that long, then at

    least leave a team that can gather information and get afeel for the place. Because anybody who takes the timeto get to know Haiti will see the huge potential here!

    MR. DIDIER FILS-AIMPRESIDENT

    CHAMBER OF COMMERCE &INDUSTRY OF HAITI (CCIH)

    11

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    12/74

    HAITI AT AGLANCE

    Haiti is located on the western part of the islandof Hispaniola between the Caribbean Sea and theNorth Atlantic Ocean. Haiti is a mountainous Ca-ribbean country with coastal plains, river valleys,and a large elevated plateau. The countrys terri-tory also includes numerous small islands as wellas four large islands all offering magnicent sitesfor tourism development: La Gonave (to the West),

    La Tortue (off the north coast), lle Vache (to thesouth), and Grande Cayemite , in the southernpeninsula. Haiti enjoys a strategic location, 2 hoursaway by plane from the United States with accessto 972 million consumers in the Caribbean, Cen-tral, North and South America.

    STRATEGIC LOCATION

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    13/74

    COUNTRY PROFILE

    OFFICIAL NAME: Republic of Haiti

    YEAR OF INDEPENDENCE: 1804

    CAPITAL: Port-au-Prince

    OTHER MAJOR CITIES: Cap-Haitien, Gonaives, Les Cayes, Jacmel, Hinche

    AREA: 27,750 km2

    DEVELOPED LANDS: 18 % of the areaAGRICULTURAL LANDS: 17,700 km2- 64.2 % of total areaCLIMATE:Tropical with an average temperatures between 20C (63F) and 34C (94F)Hurricane season: June to October

    POPULATION:10,173,775 (2012)

    LABOR FORCE: 41.3% of the populationAVERAGE ANNUAL GROWTH:POPULATION: 1.6 % (2003-2009)LABOR FORCE: 2.2 % (2003-2009)

    LANGUAGES: French and Haitian CreoleEnglish is widely spoken in the business community.Spanish is also spoken by many.

    TIME ZONE: UTC-5

    POLITICAL SYSTEM: Unitary Semi-Presidential

    KEY INVESTMENT SECTORS:Agribusiness, Construction, Energy, Manufacturing, Telecommunications, Tourism

    CURRENCY:Haitian Gourde (HTG), US$ 1 = HTG 43.9 (monthly average for July 2013)U.S. dollars are accepted everywhere

    ELECTRICITY:The standard is 110 V, 60 Cycles, with American outlets.220 V is also available

    FISCAL YEAR:October 1 September 30

    13

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    14/74

    AIR TRANSPORTATIONAs far as air transport is con-cerned, Haitis main internationalair transport facility is the Tous-saint Louverture InternationalAirport (PAP), located in the out-skirts of Port-au-Prince, with acapacity of 500,000 passengersper year.

    The Hugo Chavez International

    Airport located in Cap-Hatien(CAP) also supports internationalair travel, although at a signi-cantly smaller scale.The airport in Port-au-Prince isgoing through renovations ata cost of US$15 million and thearrival terminal was recentlynished. The airport in Cap-Ha-tien is going through signicantchanges with an investment of

    over US$60 million for a newrunway.

    TWO INTERNATIONAL AIRPORTS Toussaint Louverture Inter-

    national Airport in Port-au-Prince (PAP)

    Hugo Chavez InternationalAirport in Cap-Hatien (CAP)

    FOUR DOMESTIC AIRPORTS Jacmel Jrmie Les Cayes Port-de-Paix

    HAITISINFRASTRUCTURE

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    15/74

    SEAPORTSThe two seaports servicing international mari-time transport are located in Port-au-Prince andCap-Hatien. The primary port, that of Port-au-Prince, mainly handles container freight and gen-eral fractioned freight in addition to other docksand warehouses specializing in grains. Currently,the Port-au-Prince facility move close to one mil-lion tons annually. An additional 17 smaller portsare equipped for short-distance vessels. Major

    shipping companies such as Maersk Sealand andNYK Logistics already serve the Haitian market. Aircargo service carriers such as FedEx, DHL, and UPScontrol the greatest market share with additionalrms attempting to gain entry.

    Access to seven main seaports: Port-au-Prince,Cap-Hatien, Gonaves, Jacmel, Miragone, Saint-Marc, Les Cayes.

    ROADSThe national road network ex-tends 3,608 km and includes 950km of primary roads, 1,315 kmof departmental or secondaryroads, and 1,343 km of tertiaryor rural roads. Major cities, ai-ports, ports and industrial parksare connected by main roads.

    15

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    16/74

  • 8/13/2019 2013 Investment Guide to Haiti

    17/74

    17

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    18/74

    AGRIBUSINESSWith favorable weather and soil conditions - alongwith an aboundant kabor force and strong govern-ment support - the agricultural sector is one of themost promising key investment sectors in Haiti.sector. The Government of Haiti chose the agri-cultural industry as one of the main pillars of thecountrys economic growth, as its production rep-resents 26 percent of Haitis GDP. The agriculturalsector offers strong advantages for investment:large areas of undeveloped land, availability of ir-rigation water and irrigated land, variety of

    agro-ecological environments allowing the devel-opment of a wide range of sustainable systems,domestic demand for food products, organic cropand livestock production, and the availability ofarable land (10,073 km2 - 36.3% of total area).Promising lands, located on the plains, have theadvantage of being primarily adjacent to the sea,making it easier to channel products to nationaland international markets. Haiti is ranked rst inthe Caribbean for highest percentage of availablearable land.

    Haitians cacao is renowned to bethe best in the world. It is mainly

    grown in the northern and southernpart of the country. In 2011, Haitisexports of cocoa beans totaled US$6.9 million, following a 9 percentcompounded annual growth ratebetween 2003 and 2009. Almost allHaitian cocoa beans are exported tothe US market. Haiti produces an av-erage of 9,208 tons of cocoa per yearand ranks as the 26th in the worldand sixth at the regional level in theexport of cocoa.

    CACAO

    COFFEECoffee is another potential area foragribusiness development. Haiti hasa network of export oriented pro-ducer organizations and companiesthat have been steadily increasingtheir production while continuing toemphasize quality. Domestic coffeeconsumption is high: 59 to 65 per-cent of the countrys production isconsumed domestically and con-sumption has been increasing at anannual rate of 2 to 3 percent.

    Haiti remains one of the few coun-tries with a chemically free produc-tion process and 100 percent or-ganic. There is a great potential fortransforming Haitis coffee sectorfrom a producer of low quality natu-ral coffee into a top commodity.Haitian agribusinesses benet fromthe countrys proximity to the US,where demand is growing for Hai-tian agricultural products, particu-

    larly those grown organically.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    19/74

  • 8/13/2019 2013 Investment Guide to Haiti

    20/74

    ENERGYEnergy is an essential infrastructure,central to Haitis sustainable develop-

    ment. Within the energy sector, thepower subsector has been character-ized by less than 30percent access toelectricity overall and only about 5 per-cent in the rural areas.

    In fact, the energy is one of the singlelargest sector markets in the country.A power sector expansion plan esti-mates the need for a 200 to 300 MWincrease each year for the next veyears to meet the growth objectivesof the Haitian Government. When

    generation, transmission, distributionand commercialization are taken intoaccount, this looks like a multi-billiondollar need for investment.Statistics show a very inecient use ofenergy in Haiti.The nal energy intensity, nal ener-

    gy consumption per GDP, shows ap-proximately 570 kgoe/1000 US$1,995

    in 2001, or the equivalent of 22.8kgoe/1000 Gourdes. Compared to oth-er countries in Latin America and Ca-ribbean: Jamaica 431, Cuba 403, Gua-temala 361, Dominican Republic 306,El Salvador 264, Mexico 195, Panama195, Costa Rica 167.

    Per capita annual nal electricity con-sumption is only 84 kWh in 2000 theleast amount in the Caribbean area.Electricity consumption representsonly 4% of the total nal energy. Less

    than 30% of the households are con-nected (including illegal connections)to the grid and only 12.5% are regu-larly connected with meters. The larg-est sector for electricity consumptionis industry (43%). But this sector rep-resents only 10% of the GDP.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    21/74

    OPPORTUNITIES AND PERSPECTIVES

    SOLAR:ABUNDANT

    AND FREE

    It is necessary to make changes in the Haitian

    energy sector. The present objective of theNational Energy Sector Development Plan in-volves various stakeholders and aiming to es-tablish: a vision for the future of the energy sector

    and a consensus on options for sustainabledevelopment;

    a priority for short and middle-term actionsand

    the identication of a development partner-ship for the energy sector between the Gov-ernment, private sector and donors.

    Fuel wood remains until now the mostimportant source of energy of the country: thecountry energy needs are met by about 80percent with local biomass and hydroelectricity.

    21

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    22/74

    RENEWABLE

    ENERGYHAITIAN GOVERNMENT HASFORMALLY COMMITTED TO

    THE PROMOTION OF RENEWABLE ENERGY.THE PRIVATE-PUBLIC PARTNERSHIP1. Fosters a mixed public and private market promoting competition and creating jobs while offering elec-

    tricity access to the population.2. Involves the private sector in sales to the customer as well as electricity generation and grid manage-

    ment.3. Ensures the public sector regulates the electricity subsector, making sure the interests of the consumers

    as well as that of the service providers are protected.4. Makes nancial credit available to the consumer for purchase of renewable energy technology.5. Results in jobs created and funds injected into the economy.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    23/74

  • 8/13/2019 2013 Investment Guide to Haiti

    24/74

    MANUFACTURINGTHE HAITIAN GOVERNMENT HAS MADE THIS SECTOR A PRIORITYAND IS INVESTING IN MODERN INFRASTRUCTURES IN ORDER TOATTRACT INVESTMENT, STIMULATE THE LOCAL MANUFACTURINGINDUSTRY, AND INCREASE ITSPRODUCTION CAPACITY.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    25/74

    FAIRWAY APPAREL, S.A.Port-au-Prince, HaitiYEARS IN OPERATION: 5TOTAL NUMBER OF EMPLOYEES: 453CERTIFICATIONS: Better Works regis-teredMAIN PRODUCTS: Athletic wear topsand bottoms. Including: football

    jerseys, sports uniforms, tops, shorts,pants

    SERVICES: CMT, Sublimation. 100%syntheticCUSTOMERS: Champro, RawlingsTOTAL OUTPUT (CURRENT OVERALL):850 dozens/day, 6 working daysAVAILABLE CAPACITY: Limited (20%available capacity)

    CARIBBEAN ISLAND APPAREL, SA.Shodecosa Industrial Park, Port-au-Prince, Haiti

    WEBSITE: www.island-apparel.comYEARS IN OPERATION: 29TOTAL NUMBER OF EMPLOYEES: 1703CERTIFICATIONS: WRAP, Better Worksregistered, Walmart, JC Penney, CintasMAIN PRODUCTS: Woven pants, uni-form tops and bottoms, knit shortsSERVICES: CMTCUSTOMERS: Dickies, Reed, RobinsonMfrsTOTAL OUTPUT (CURRENT OVERALL):Woven: 120,000 pcs/week.

    KNITS: 70,000/week

    MR. DANNY LIU,

    OWNER

    MR. ANDY ANSALDI III, CEO &MR. FRITZ FELCHLI, PRESIDENT

    25

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    26/74

  • 8/13/2019 2013 Investment Guide to Haiti

    27/74

  • 8/13/2019 2013 Investment Guide to Haiti

    28/74

  • 8/13/2019 2013 Investment Guide to Haiti

    29/74

    SECTOR

    STRENGHTTourism has been identied as one of the key eco-nomic sectors with excellent potential for growth.It is one of the pillars of the government economicreconstruction program. The prospects for privateinvestment especially in hotels, restaurants, andtourist transport indicate certain vitality. In the lastfteen years the sector has beneted from the cre-ation of the ministry of tourism in 2001, the invest-ment code incentives in 2002, a better understand-

    ing of private public partnership that have led to theconstruction of the new Labadie duck in 2009 andthe renovation of Port-Salut beach among others.In 2011, just after the earthquake, we can notice arevival of the tourism industry with the arrival of300,000 tourists from the Haitian Diaspora, withmore than 600 000 at Labadie generating revenuesof more than 6 million US dollars to Haitian publictreasury.

    Different companies have welcomed and fol-lowed the signal given by the government in thehotel industry in Port-au-Prince.For instance, Best Western constructed a sev-en-story hotel with 105 guest rooms, a restau-rant and lounge, a full spa and a swimming pool.Additionally, the Oasis Hotel in Petion-Ville, a$45 million with 170 room hotel in the Port-au-Prince area by The Marriott Group and Digicel.The International Federation of Red Cross andRed Crescent Societies bought a $10.5 millionproperty to invest in the construction of a hotel

    and conference center.Since January 2012, direct ights from USA, Can-ada, France, Panama, Jamaica and DominicanRepublic are provided by more than 10 differentairlines. There are 135 ights per week to Port-au-Prince providing 58.349 seats (excluding UNor charter ights). This is a big jump from 35ights per week in 2005 or even 85 ights perweek in 2008.

    29

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    30/74

    TELECOMMUNICATION

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    31/74

    Haitis government has been aware of importanceof the sector and eager to improve its ICT infrastruc-ture. The national telecommunication company(TELECO) was privatized in 2010 opening the doorfor private investors to tap Haitis promising market.

    [1] Viettel, the largest mobile telephone operatorin Vietnam, won the bidding of the privatization ofTELECO under cooperation with IFC. In 2010, Viettelacquired the majority of shares, transferring an ini-tial US$ 59 million. The companys total investmentamount reaches around US$ 100 million.Most of the ICT infrastructure in Haiti was severelydamaged or destroyed by the earthquake in 2010.Haitis telecommunication sector is in dire need ofreconstruction. However, several indicatorsfrom World Bank show that some progresshad been made during 2000-2009.

    SECTOR OVERVIEW

    31

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    32/74

    CONSTRUCTION

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    33/74

    The construction sector consists of a wide varietyof products used in constructing new facilitiesand/or renovating existing facilities and infra-structure. The market for such products dependson the level of spending for residential as well ascommercial construction and infrastructure.

    Haiti imports the overwhelming share of servicesand building materials it uses for infrastructuredevelopment and building construction. The lo-cal production as a percentage of overall xedcapital formation in the country is approximately20 percent of total demand in this sector. Majorenterprises include Acirie dHati, S.A. and GDGBeton, both of which produce concrete bricksand steel products and import lumber.Haitis substantial reconstruction needs will driveinvestment for the next decade. There is a tre-mendous need for housing (low, middle, andhigh-income); it is expected that residential con-struction for internally displaced people alongwith investments in the tourism sector will drive

    construction in housing for the next 10 to 15years. Haitis Private Sector Economic Forum es-timates that some 400,000 new permanent hous-ing structures will need to be built between 2012and 2016.Haiti offers a number of competitive advantag-

    es for local production in several sub-sectorsof the construction industry. An example is theproduction of high-volume/low-value construc-tion and building materials for local use, whichresults in lower transportation costs. Other in-dustries would benet from being located in theproximity of an installation site. In addition, Hai-tis operating costs are below those of many de-veloped and developing countries. Using metalfabrication as a proxy for the construction andbuilding materials sector, the IFC positions Haitiin the competitive range of Mexico as regards tooperating costs. These cost advantages are evengreater taking into account Haitis reduced powertariffs.

    33

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    34/74

  • 8/13/2019 2013 Investment Guide to Haiti

    35/74

  • 8/13/2019 2013 Investment Guide to Haiti

    36/74

  • 8/13/2019 2013 Investment Guide to Haiti

    37/74

    BILLION-DOLLAR MARKET

    FAST-GROWING SECTORS

    Haiti offers considerable business and investment opportunities.The country is poised to attract new investments in key fast-growingsectors, such as tourism, garment, telecommunications, energy andagribusiness.

    INVESTOR FRIENDLY

    The Investment Code was enacted by the Haitian Government in2002 as part of its strategy to promote economic growth and de-velopment, by facilitating, liberalizing, stimulating and guaranteeingprivate investment. Qualied businesses may benet from incen-tives, such as a tax holiday up to 15 years accompanied by an addi-tional ve years of regressive tax rate.

    COMMITTED

    Member of WTO and co-signor of major treaties, Haiti has ratiedthe International Convention for Settlement of Investment Disputes

    (ICSID) in order to provide investors added insurance of long-termcommitment to international business practice.

    COUNTLESS POSSIBILITIES

    Haiti is the last bastion of unexplored territory in the Caribbean.From unlimited coastline, stunning mangroves and mountainous

    terrain, Haiti brings to investors countless possibilities.

    37

  • 8/13/2019 2013 Investment Guide to Haiti

    38/74

    INCENTIVES

    INVESTMENT CODE 2002

    The Haitian Government enactedthe Investment Code in 2002 aspart of its strategy to promoteeconomic growth and develop-ment by facilitating, liberalizing,stimulating, and guaranteeingprivate investments. Haitis In-vestment Code comprises a setof general provisions applicableto all investments, whether do-mestic or foreign, and provides a

    much more extensive set of pro-visions for investments qualifyingfor special incentives. It codiesstandard protection and guaran-tees such as freedom to disposeof properties; freedom to engagein commercial and industrial ac-tivities within the limitations ofthe Constitution and commercialregulations; and protection oftrademarks, patents, labels, andall other forms of intellectualproperty rights.

    ELIGIBILITY ANDAPPLICATION

    Incentives are available to regis-tered start-up companies, com-panies that are already regis-tered and operating in Haiti, andcompanies launching a new proj-ect or a new branch of activity.Companies that have previouslybeneted from the incentivesoffered in the code are eligiblefor expanding or modernizingtheir business or purchasing new

    equipment.A Commission of Investmentscomposed by various ministriesis responsible for granting scalincentives ranging from tax hol-idays to customs franchises. TheInter-Departmental Commis-sion on Investments is a publicbody that decides on whetherthe benets prescribed by theInvestment Code are granted.Investors seeking to benet fromincentives must produce a re-quest to CFI and follow in accor-dance with the regulations andprocedures (Article 48).

    SPECIFIC INCENTIVES TOTHE INVESTMENT CODE

    According to the Haitis Invest-ment Code Article 19, invest-ments can benet from incen-tives in the context of this codeand in addition to these, each el-igible investment sector can alsobenet from specic incentives.

    Qualied businesses may bene-t from a tax holiday of up to 15years during which neither thecorporation nor its distributedprots (dividends) are subject totax withholdings. The reinstate-ment of those taxes following the15-year period is done in a stag-gered manner, which means thatafter the total exemption period,partial taxation will be applied.Furthermore, certain capital in-

    vestments of businesses aregranted accelerated depreciationfor tax purposes (Article 27). Fi-nally, the Investment Code pro-vides for exemption from localtaxes, except the xed profes-sional tax (Patent) for a period,which shall not exceed 15 years(Article 27).

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    39/74

    CFI is responsible for providing informa-tion to the public regarding proceduresfor granting incentives, receiving and pro-cessing applications for incentives, andtransferring them to the related minis-tries for technical analysis of projects.

    CFI also tracks these requests until theInter-Ministerial Commission on Invest-ments makes an administrative decision.Applications forms for requesting incen-tives are available at CFI headquartersand at www.chaiti.com

    39

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    40/74

    EXPORT AND RE-EXPORT (EXCLUSIVELY)

    All business which services or products are geared to-wards export or re-export (Article 29)

    Tax and customs duty exemption for import of materialand equipment necessary for establishment and opera-tion of business

    Exemption from security deposits and other constraintson temporary entry of raw and packaging materials

    Exemption from payroll taxes and other internal directtaxes for up to 15 years

    Exemption from audit charges

    AGRICULTURE

    High Sea Fishing, Industrial Aquaculture, Livestock, Horti-culture, Forestry (Article 30,31)

    HANDICRAFTS

    Sculpture, paintings, iron works, wood works, pottery,embroidery, tannery, spinning and weaving, printing, tap-estry, printing on fabric (Article 32, 33)

    NATIONAL INDUSTRY

    Transformation of raw material of local or foreign origininto value-added product and at least 35% aimed at lo-cal consumption; excludes packaging of foreign productssold in local market (Article 34, 35, 36)

    TOURISM AND RELATED SERVICES

    Construction, operation, commercial use of tourist zones;transportation, accommodation, private ports, amuse-ment parks, zoos, botanical gardens, convention centers,theaters, conference halls, exhibition centers, therapeu-tic/spa, tourism training centers; other investments (Ar-ticle 37, 38, 39)

    FOREIGN TRADE ZONES

    Promoters, operators and users of foreign trade zones(physical persons or corporate bodies) entitled to ben-ets in Code plus scal and customs benets in law onforeign trade zones (Article 40)

    SPECIAL ARRANGEMENTS/OTHER SECTORS

    People or Corporate gures who submit qualicationsand nancial guarantees; Particular collective interest inbusiness because of investment size required, high prior-ity attributed to realization or strategic nature of the eld(Article 41)

    Tax and customs duty exemption for import of materialand equipment necessary for establishment and opera-tion of business

    Exemption from Customs Tariff Code security deposit for

    temporary entry imports Exemption from payroll taxes and other internal directtaxes for up to 15 years

    Tax and customs duty exemption for import of materialand equipment necessary for establishment and operationof business

    Exemption from Customs Tariff Code security deposit fortemporary entry imports

    Exemption from payroll taxes and other internal direct tax-es for up to 15 years

    Sales tax exemption for industrial businesses that exportpart of production or sell production to an export company

    Tax and customs duty exemption for import of materialand equipment necessary for establishment and operationof business

    Exemption from Customs Tariff Code security deposit fortemporary entry imports

    Exemption from individual income taxes for revenue gen-erated by the investment, in accordance with provisions ofclauses 26-27 of Code

    Exemption from Real Estate Property taxes up to 10 yearson buildings open to public or part of national heritage

    Government-owned land leasable for up to 50 years (Arti-

    cle 39

    Determined by Inter-Ministerial Commission on Invest-ments

    Determined by Inter-Ministerial Commission on Invest-ments on case-by-case basis

    ELIGIBLE INVESTMENT SECTORSAND DESCRIPTION INCENTIVES

  • 8/13/2019 2013 Investment Guide to Haiti

    41/74

    IMITEDIABILITYORPORATION

    The most common businessstructure in Haiti

    The LLCs obligations aresecured by its subscribedcapital and subscribers are

    obligated only up to their in-dividually subscribed capital

    Haitian commercial codestates that all ocers on theBoard of Directors of a Limit-ed Liability Corporation mustalso be shareholders

    The only entity allowed undercurrent Haitian CommerceCode that provides full shel-tering of personal assets ofits owners

    Three shareholders, one of wichmust beHaitian national

    Commercial companiesrequire HTG 25,000. Onequarter of total amount(HTG 6,250) must be depos-ited at time of registration

    Industrial companies HTG100,000. One quarter oftotal amount (HTG 25,00)must be deposited at thetime of company registra-tion

    TYPES MAIN CHARACTERISTICS MINIMUM NUMBER OFFOUNDERS

    Partners are jointly and indef-initely liable for the debts ofthe business

    The managing partners of therm have the same unlimit-ed, individual, joint and col-

    lective liability as the mem-bers of general partnership The investor who does not

    participate in managementand whose liability for thebusiness debts is limited totheir direct investment in therm

    A company may decide tocreate a branch in Haiti re-gardless of its legal form. As

    such, a branch could be cre-ated for General Partnership,Limited Partnership, or Limit-ed Liability Corporation

    To register a branch, the rststep is legalization of the en-tire legal documents provingthe legal existence of thecompany at the closest Hai-tian consulate, followed bylegalization at the Ministry ofForeign Affairs in Haiti

    If a foreign investor choosesto set up a branch of a for-eign company, this branchwill share the legal person-ality

    MINIMUM AMOUNT OFINITIAL CAPITAL

    ENERALARTNERSHIP

    IMITEDARTNERSHIP

    RANCHF FOREIGN

    OMPANY

    Two

    Two

    Not Applicable

    No legally established min-imum capital requirementfor registering for generalpartnership, however, com-mon practice at the Minis-try of Commerce sets a re-quirement of HTG 5,000

    No minimum

    No minimum

  • 8/13/2019 2013 Investment Guide to Haiti

    42/74

    HOW TO INVESTESTABLISHING BUSINESSSTEP BY STEP

    1

    COMPLIANCE

    2

    ACCEPTANCE

    3

    COVERAGE IN PRESS

    Compliance forms are available atthe Center for the Facilitation of In-vestments.A request is addressed to the Min-ister of Commerce and Industry(MCI), and presented by the attor-ney together with necessary docu-ments to the Legal Department ofMCI. Proof of receipt at MCI will beavailable at CFI oce as well.

    Analysis of the le at MCI LegalDepartment can take up to fourbusiness days. During this time, theapplying investor can keep updatedby contacting CFI sector focal point.Keep in mind that government of-ces close for Haitian holidays.Check with CFI if you experienceany unexpected delays.

    The MCI will transfer the by-lawsand company documentation tothe national press, Le Moniteur,for publication. The journal is pub-lished monthly so 30 days may berequired waiting period. Paymentfor publication is required, and ex-press services double the cost.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    43/74

  • 8/13/2019 2013 Investment Guide to Haiti

    44/74

    ABOUTHAITI

  • 8/13/2019 2013 Investment Guide to Haiti

    45/74

  • 8/13/2019 2013 Investment Guide to Haiti

    46/74

    HISTORYThe Treaty of Ryswick in 1697, between France andSpain, led to France to control the western third ofHispaniola now known as Haiti. The French colonywas the jewel of the Caribbean due to its agricul-tural productivity and sugar industry. By 1791, theslave population, providing the workforce for thesugar industry, revolted under the leadership ofToussaint Louverture. After a prolonged struggle of13 years, the worlds rst black republic declared in-dependence in 1804.

    POLITICSBased on the amended 1987 Constitution, Haitispresent political framework calls for three inde-pendent branches of Government and a semi-pres-idential republic. The President of Haiti is the headof state-elected directly by popular elections for ave-year term. The Prime Minister is appointed bythe President and acts as the head of government.The President and Prime Minister delegate powerto their departments without a constitutional needfor consent.

    STRUCTURE OF GOVERNMENT

    EXECUTIVE BRANCH

    Head of State: President Mi-chel Joseph Martelly

    Head of Government: PrimeMinister Laurent Salvador

    Lamothe Cabinet: Chosen by the PrimeMinister in consultation withthe President

    LEGISLATIVE BRANCH

    Bicameral National Assembly Senate: 30 seats Congress: 99 seats

    JURIDICAL BRANCH

    Supreme Court Court of Appeal Civil Court Justice of Peace

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    47/74

    1

    2

    3

    4

    5

    6

    7

    -1

    -2

    -3

    -4

    -5

    -6

    0.4

    -3.5

    1.8

    2.3

    3.3

    0.8

    2.9

    -5.4

    5.6

    2.8

    0

    Jan/04 Jan/06 Jan/08 Jan/10 Jan/12 SOURCE: BANQUE DE LA REPUBLIQUE DHAITI

    GDP GROWING SINCE JANUARY 2010 EARTHQUAKE

    SINCE THE JANUARY 2010 EARTHQUAKE, HAITIS ECONOMYHAS GROWN TREMENDOUSLY, WITH ITS GDP FIGURE JUMPINGTO 6 PERCENT IN 2011 AS A RESULT OF THE NUMEROUSINVESTMENTS AND EFFORTS TO REBUILD THE COUNTRY.IT SUSTAINED GROWTH AT 3 PERCENT IN 2012, A CLEARINDICATION THAT THE RECONSTRUCTION PROCESSFAVORSINVESTMENT OPPORTUNITIES.

    ECONOMIC POLICYSince the January 2010 earth-quake, the Haitian Governmenttransitioned from emergencyrelief to sustainable recoveryand growth. As such, it recog-nizes the need for long-term,substantial targeted support tomove Haiti onto a path of sus-tained development that promis-es economic growth. The HaitianGovernment aims to achieve thistransition through a comprehen-

    sive set of measures to fosterlong-term growth and reducepoverty, which are set forth in itspost-earthquake Action Plan forNational Recovery and Develop-ment of Haiti. The plan envisionsrecovery as a decade-long pro-cess; it underscores the need tocreate development poles to de-centralize economic activity, andemphasizes the importance ofincreasing access to basic socialservices and strengthening stateinstitutions. The action plan iscongruent with the governments

    objective to achieve substantiveprogress on ve priority issues(or the 5 Es), namely: (1) Ruleof law (tat de Droit) with im-proved enforcement achievedthrough increased capacity ofpublic administration; (2) Edu-cation for all; (3) Employment,through the construction of keybasic infrastructure and creationof a business-friendly frame-work; (4) Environment, includingenvironmental rehabilitation andland tenure; and (5) Energy.

  • 8/13/2019 2013 Investment Guide to Haiti

    48/74

    RECENTIMPORT-EXPORT

    FIGURES

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    49/74

    WITH FREE MARKET ACCESS TO EUROPE ANDCANADA FOR ALL GOODS AND TO THE UNITEDSTATES FOR CERTAIN GARMENT PRODUCTS,

    HAITI REPRESENTS A STATEGIC PLATFORMFOR EXPORT

    OUR OBJECTIVE IS TO IMPROVE AND GROW OUR BUSINESS ONA CONSISTENT AND PROFITABLE BASIS, IN ORDER TO DELIVERSUSTAINABLE LONG TERM VALUE FOR BOTH OUR RETAILPARTNERS AND SHAREHOLDERS. CONTINUED PROGRESS

    WAS ACHIEVED IN 2012, DESPITE VERY DIFFICULT ECONOMICCONDITIONS, AND OUR ENTRY INTO THE FASTER THE GROUP.

    49

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    50/74

    TOPIMPORT/EXPORT

    IMPORTThe countrys exports for the year 2009stood at $524 million, as compared to $490million in 2008. The major items exported byHaiti include apparel, oil, cocoa, coffee, andmangoes.Nearly 70 percent of these exports are des-tined to the United States with another 9 per-cent going to the Dominican Republic and 3percent to Canada. Cotton apparel, clothesmade from wool, and household goods dom-inate Haitis exports to the US.

    EXPORTHaitis imports have declined marginallyfrom $2.107 billion in 2008 to $2.023 billionin 2009. Major items being imported by Hai-ti are food, manufactured goods, machineryand transport equipment, fuel and raw mate-rials. The US is Haitis biggest import partnerand accounts for over 30% of Haitis imports.Haitis other import partners are the Domin-ican Republic at 23.3%, Netherlands Antillesat 10.6% and China at 4.5%, according to the2008 estimates. Rice and wheat, along withother food items, constitute the main itemsof import from the US.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    51/74

  • 8/13/2019 2013 Investment Guide to Haiti

    52/74

    KEY MACROECONOMIC INDICATORSThe World Bank predicts that Haitis economy will grow by 4.2 percent in 2014, which would be the sec-ond-highest growth rate in the region, following Guyana. This expansion will be driven mostly by reconstruc-tion operations and the countrys economic stability, which is providing the condence needed for investorsto commit new capital in growing sectors.

    THE CENTRAL BANK HAS PLAYED AN ACCOMMODATING ROLE IN FACILITATING

    ECONOMIC GROWTH, WHILE KEEPING INFLATION IN SINGLE FIGURES. FOLLOWING THE

    2010 EARTHQUAKE, THE COUNTRY RECEIVED LARGE AID INFLOWS AND REMITTANCES.

    THIS HAD A POSITIVE EFFECT ON THE EXCHANGE RATE. IN THIS CONTEXT, THE BRHS

    INTERVENTIONS HELPED AVOID EXCESSIVE APPRECIATION IN THE REAL EXCHANGERATE, REDUCE VOLATILITY IN THE EXCHANGE RATE, AND PRESERVE MACROECONOMIC

    STABILITY. THE CENTRAL BANK HAS MAINTAINED THE COUNTRYS EXTERNAL POSITION AT

    AN ADEQUATE LEVEL OF INTERNATIONAL RESERVES. THE BRH BOND RATE HAS REMAINED

    LOW IN AN EFFORT TO BUTTRESS ECONOMIC GROWTH. COMMERCIAL BANK CREDIT HAS

    INCREASED RAPIDLY BY 30 PERCENT IN 2011 AND 32.5 PERCENT IN 2012, BUT REMAINS

    BELOW THE LEVEL OF LICS (LOW INCOME COUNTRIES) RELATIVE TO GDP. ANOTHER KEY

    CONTRIBUTING FACTOR TO MACROECONOMIC STABILITY IS THE FISCAL DISCIPLINE WE

    HAVE BEEN ENJOYING SINCE 2004, AS WELL AS NO RECOURSE TO MONETARY FINANCING.

    Mr. Charles CastelGovernor

    Banque de la Rpublique dHati (BRH)

    FISCAL REFORMThe general and specic objectives supportedby the Secretary of State for Tax Reform, includeamong : Making the administration more ecient for a

    more autonomous budget; Dematerializing operational procedures by

    September 2014; Reinforcing the existing legal and regulatory

    framework; Building a development-focused working en-

    vironment.

    For his part, President Martelly believes thatthe scal reform, as he conceives it, must al-low the State to:

    More effectively mobilize domestic resources; Revise the rates of direct and indirect taxation; Decentralize scal services offered by the tax

    authorities (DGI) in order to increase the tax

    base.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    53/74

    OUR VISION IS TO PROVIDE THE COUNTRY WITH

    A MODERN TAX ADMINISTRATION, WHICH IS

    EFFICIENT, TRANSPARENT, AND FLEXIBLE AND

    WELCOMES POTENTIAL INVESTORS. THE TAX

    CODE MUST STRESS ETHICAL VALUES, PRO-

    FESSIONALISM AND FAIRNESS IN ORDER TO

    ENSURE THAT IT HAS THE CONFIDENCE OF THE

    ECONOMIC AGENTS.

    MR. RONALD DCEMBRESECRETARY OF STATE FOR FISCAL REFORM

    FISCAL REVENUES HAVE BEEN

    INCREASING SINCE 2011

    FISCAL REFORM WILL SIGNIFI-

    CANTLY REDUCE DEPENDANCEON FOREIGN AID MONEY

    53

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    54/74

    THE HAITIAN TAX SYSTEMWith very few exceptions, Haitian and foreign com-panies operating in Haiti are subject to the same taxregulations and must pay the same taxes, regard-less of their line of business.

    FISCAL FRAMEWORKHaitis main tax legal normative consists of theCorporate Revenue Tax Law (1982), Payroll Tax Act(1988), Decree on Customs Code (1987), Decreeon Tax ID Card (2005), Decree on License (Patent)(1987), Income Tax Law (1986), the Law on Stamps(1978), and Tax on the Turnover Law (2003). The s-cal year runs from October 1 through September30.

    JUDICIAL SYSTEMHaitis judicial system is based on French civil law

    system; it therefore resembles French law in struc-ture and codication. The countrys Civil Code,Criminal Code, Commercial Code, Code of Civil Pro-

    cedure, and Code of Criminal Procedure are themain sources of law, and French doctrine and juris-prudence are considered the basis for the interpre-tation of the law.There are four tiers in Haitis ordinary judicial sys-

    tem: the Supreme Court, the courts of appeal, thecourts of rst instance, and the justices of the peace.

    LEGAL FRAMEWORKHaitis legal system is based on the NapoleonicCode, in which the legal framework consists of allnational laws, rules, and regulations and all interna-tional or bilateral treaties that have been signed andratied by the government. The Code of Commercesets forth the general provisions that regulate thebusiness environment, including rules pertaining tocorporate entities, the separation of assets, sales ofgoods, notes, statute of frauds, and prescriptions.

    There are four tiers in Haitis ordinary judicial sys-tem: the Supreme Court, the courts of appeal, thecourts of rst instance, and the justices of the peace.

    LEGALINFORMATION

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    55/74

    Corporate taxes amount to 30 percent of prots; per-sonal income taxes vary between 10 percent and 30percent, depending on the individuals income brack-et. Investors can benet from substantial tax exemp-tions and reductions for key sectors and investmentsunder the Investment Code.Note that while a Haitian Limited Liability Corporation

    can accrue prots for ve years, a Foreign Compa -nys prots are considered distributed every year andtaxed accordingly at 20 percent unless reinvested inthe country.

    All employers are subject to the following law:

    All employers are required to respect the mini-mum wage.

    The minimum wage is 200 gourdes but not for

    middle management and high skilled labor. All employers are required to register their em-

    ployees to the State Tax Income Oce (DGI) with-out exception, may it be temporary or otherwise.

    All employers are required to respect minimum

    health and safety regulations All employers are required to contribute to: Social

    Security (ONA), Workers Compensation and Acci-dental Coverage

    Investors are free to hire foreign employees sub-ject to a working permit issued by the Ministry of

    Labor

    ARBITRATIONThe Haitian Chamber of Conciliation and Arbitration

    (CCAH) facilitates commercial transactions by pro-viding merchants with fast and inexpensive disputeresolution mechanisms. Access to CCAHs servicesis not restricted to merchants. Every business entitycan enter into CCAHs jurisdiction by inserting intocontracts an arbitration clause to that effect. CCAHsalternative dispute resolution mechanisms are fast-er, more ecient, and less expensive than the ordi-nary judicial system.

    Disputes that may arise concerning the validity,interpretation, performance or non-performance,interruption or termination of a contract, shall besubmitted to mediation and end, or shall be submit-ted to arbitration under the CCAH mediation rules.

    CUSTOMS PROCEDURESLocal importers and exporters must obtain a profes-

    sional identity card issued by the Ministry of Tradeand Industry for an annual fee of 50 HTG. Beforethe professional identity card is issued, importersand local producers must obtain a tax registrationcard and an occupation tax certicate. The tax regis-tration card is issued by the Direction Gnrale desImpts for an annual fee of 300 HTG for individualsand 600 HTG for legal entities or companies. The oc-cupation tax consists of a xed and a variable levy.The xed levy depends on the sector of economicactivity and the group belonging to which the com-mune where the activity is carried out. All importsrequire a customs declaration showing the customsregime to which the good is subject.

    55

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    56/74

    DOCUMENTS TO

    BE PROVIDED BYIMPORTERS/

    EXPORTERS

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    57/74

    In order to avoid delays atcustoms, importers/exportersmust have one original and threecopies of a commercial invoice.The invoice must be prinytedon company letterhead thatcontains the rms complete

    address and telephone number.All other types of invoices couldcause shipments to be delayedin customs. An original and acopy of the invoice, both signedas originals, are required for allinternational shipments.

    The commercial invoice mustspecify: Complete name and address

    information of both shipperand consignee;

    Phone numbers of bothshipper and consignee;

    Terms of Sale (Incoterm); Reason for export; A complete description of

    the item What is the item used for?

    Harmonized tariff codes,if known; country of origin(where manufactured) foreach item;

    Number of units, unit value,and total value (purchaseprice) of each item;

    Number of packages andtotal weight;

    Shippers signature and date; A nominal or fair market

    value for items of nocommercial value.

    The Bill of Lading must include: Name of the vessel (sea

    freight); Identication number (air

    freight); Name of the shipping com-

    pany;

    Port of origin; Port of destination; Complete manifest of the

    cargo and the volume onwhich the freight calculationwas based. Nature of themerchandise (not necessaryif the merchandise is in bulk).

    57

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    58/74

    REGULATION

    INSTITUTIONS

    Banking Regulation and

    Supervision AgencyThe Banking Regulation and Supervision Agencyis the Central Bank of Haiti (BRH). Its role is tosafeguard the rights and benets of depositors,prevent operations and transactions that may riskthe orderly and safe operation of banks or that mayharm the economy, and facilitate the eciency of

    the credit system. The Central Banks supervisorycapacity ensures that commercial banks operate inaccordance with internationally accepted standards.

    National Council of

    TelecommunicationThe National Council of Telecommunicationundertakes the regulation, authorization,reconciliation, and supervision of activities withinthe telecommunication market.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    59/74

    National Commission on Public

    ProcurementThis National Commission on Procurement controls and moni-tors all activities relating to procurement in accordance with thestandards and procedures established by the decree.

    59

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    60/74

    INTERNATIONAL

    INSTITUTIONS

    MULTILATERAL INVESTMENT

    GUARANTEE AGENCYThe Haitian government ratied and completedits accession to the World Banks Multilateral In-vestment Guarantee Agency (MIGA), which nowoperates in Haiti. MIGA guarantees investmentsagainst non-commercial risks and can help in-vestors obtain access to funding sources with im-proved nancial terms and conditions. Since itsinception in 1988, MIGA has issued more than US$24 billion in political risk insurance for projects

    in a wide variety of sectors in all regions of theworld.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    61/74

    INTERNATIONALCONVENTION FORSETTLEMENT OFINVESTMENT DISPUTES

    Litigations are submitted to the Haitiancourt. However, if provisions for interna-tional or national arbitration are found,then different procedures are to be fol-lowed. Arbitration is encouraged to avoidthe lengthy time required by national courtprocedures. The Haitian Arbitration andConciliation Chamber provide mechanismsfor conciliation and arbitration in cases ofprivate commercial disputes.On October 27, 2009, Haiti deposited withthe International Bank for Reconstructionand Development (the World Bank) an In-strument of Ratication of the Conventionon the Settlement of Investment Disputesbetween States and Nationals of OtherStates (the ICSID Convention).Pursuant to Article 75 of the ICSID Con-vention, the World Bank notied all ICSIDConvention signatory States of Haitis rati-cation, and in accordance with its Article68(2), the Convention entered into forceon November 26, 2009. Its benets rely onthe fact that foreign investors can enforceclaims directly against respondent states

    without exhausting local remedies or seek-ing state permission. As an impartial forumfor investors and states, the institution cre-ated a stable legal environment to secureexpectations for both parties.Haiti accepts compulsory jurisdiction of theInternational Court of Justice on questionsof international law and of the CaribbeanCourt of Justice on settlement of trade dis-putes within CARICOM.

    TRADE AND INTERNATIONALAGREEMENTSThe Republic of Haiti joined the World TradeOrganization (WTO) in 1996, and is still inthe process of harmonizing its legislationand regulations with the legal framework

    of the multilateral trade agreements. Haitiuses WTO agreements as its legal referencein the event of disagreements with tradingpartners in matters such as rules of origin,subsidies and countervailing measures,dumping, safeguards, technical barriers totrade, and sanitary regulations.Haiti is also a member of the World Bank,the International Center for Settlement ofInvestment Disputes, the Multilateral In-vestment Guarantee Agency, the IDB, theInternational Monetary Fund, and a num-ber of United Nations agencies such as

    the United Nations Development Program,the International Labour Organization, theFood and Agriculture Organization, theUnited Nations Industrial DevelopmentOrganization, and the World IntellectualProperty Organization.

    61

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    62/74

    OPEN FOR BUSINESS

    BILATERAL INVESTMENT TREATIESInvestment protection guarantees provided by Haitis 1987Constitution and the countrys Investment Code have beenstrengthened by bilateral investment protection treaties it hassigned with the US, France, Great Britain and Germany.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    63/74

    BILATERAL TRADE AGREEMENTSHaiti has concluded bilateral trade agreements withthe following countries:

    HAITI AND THE UNITED STATESThe agreement covers semi-manufactured or man-ufactured, chemical, agricultural shing, and indus-trial products.Agreements signed between Haiti and the US, in-cluding the Hope I and HOPE II acts, allow du-ty-free treatment for knit, knit-to-shape, and cer-tain non-apparel textile goods wholly assembledin Haiti. The Help Act expands existing preferencesfor apparel and establishes new preferences forcertain non-apparel textile goods. In addition, Hai-ti is a beneciary of the US-Caribbean Basin TradePartnership Act (CBTPA) that provides participatingcountries with duty-free access to the US market formost goods grown and manufactured in Haiti. TheCBTPA entered into force on October 1, 2000 andremains in effect until September 30, 2020.

    HAITI AND CANADAGeneral Preferential Tariff and Least DevelopedCountry Tariff Rules of Origin Regulations signedwith Canada provide all Haitian imports a duty-freeaccess, with the exception of milk, eggs, and poul-try. This agreement sets no quota limitations.

    HAITI AND THE CARIBBEANHaiti was accepted as the 15th Member State ofthe Caribbean Community (CARICOM) by the Con-ference of Heads of State and Government of theregion in July 1999. Its nal accession to this eco-nomic integration body was ratied by the Haitian

    Parliament on May 13, 2002. The treaty expandedthe areas for integration to create a single marketand economy for the region with free movement ofgoods, services, and production factors. The trea-ty also provides for the harmonization of laws andregulations governing economic activities of Mem-ber States. Haiti negotiated a 10-year status as aless developed country prior to full integration intoCARICOM.

    Haiti is bound by the CARICOM rules or origin andcontent requirements set forth in the treaty. Inorder for a rm to be eligible for one of the con-

    cession regimes of the CARICOM Customs Code, atleast 35 % of raw materials, intermediate products,supplies, and other components used to produceand present the products must be of Haitian ori-gin. Firms producing goods that have not yet beenproduced in Haiti, or goods replacing previouslyimported products, are eligible for the concessionregimes in the Customs Code, provided that thenational component is at least 60 % of the overallproduction cost. Other rms that may benet fromthese concession regimes are those which manu-facture products made by treating or processing

    raw materials of national origin that have not yetbeen used for industrial purposes. Starting January1, 2013, Haiti assumed the presidency of CARICOMfor a period of six months.Haiti is also a member of the Association of theCaribbean States (ACS) and the Caribbean Forum(CARIFORUM).with the exception of milk, eggs, and poultry. Thisagreement sets no quota limitations.

    HAITI AND THE EUROPEAN UNIONThe Economic Partnership Agreement with the Eu-ropean Union covers trade in goods and services,investment, trade-related issues such as innovationand intellectual property, and development cooper-ation assistance.

    63

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    64/74

    PRIVATE SECTOR

    ASSOCIATIONS

    WWW.ADIH.HT

    For the past 20 years, the As-sociation of Haitian Industrieshas been one of the most dy-namic business associations inHaiti. Today, it has close to a

    hundred member companiesoperating in all the sectors ofproduction of goods and ser-vices.

    WWW.CCIH.ORG.HT

    CCIH is the national Chamberof Commerce that consist ofthe 10 Chambers of commercefrom the 10 geographical de-partments of the country.

    WWW.FESP.HT

    Economic Forums mission isto defend and protect the in-terests of all sectors of the Hai-tian economy and, in partic-ular, to promote coordinated

    economic policies to promotethe economic development ofHaiti.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    65/74

    65

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    66/74

    COMINGTOHAITI

    IN ORDER TO STAY FOR MORE THANTHREE MONTHS, ALL TOURISTS MUSTOBTAIN A RESIDENCE PERMIT.

    VISAS REQUIREMENTSThe procedures for entering Haiti are simple. A valid passport is mandatory. Visasare only required for citizens of the Dominican Republic, China, Colombia, and Pan-ama who are not holders of an American, Canadian, European visa, residence cardor passport. Tourists can stay in Haiti for a maximum of 90 days. In order to stay formore than three months, all tourists, foreign nationals or investors must obtain aresidence permit from the Immigration and Emigration Services. However, this ruledoes not apply to Haitian nationals.

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    67/74

    In 2012, our networks made

    significant progress in the mobile

    broadband industry.The country code for Haiti is 509. The first digit indicateswhether it is a landline (2) or a mobile phone (3 & 4).

    ACCOMMODATIONSRENTINGHaiti has a tradition of hospitality and is very open

    to newcomers. There is a large variety of propertyto choose from, although this varies depending onthe area. There is a good choice of rental propertiesin Pacot, Bourdon, Delmas, Tabarre, Ption-Ville,Laboule, Pelerin, Thomassin, Furcy, and Kenskoff.Rental prices are xed depending on the neighbor-hood. It varies from monthly US $200 to $2,500per apartment and US $500 to $3,000 and higher iffurnished. There are real estate agents throughoutHaiti who can help you in your search.

    HOTELSNumerous hotels and bed and breakfasts through-out Port-au-Prince, primarily in Ption-Ville, one ofthe suburbs of the capital, offer a full range of ser-vices, including Internet, meeting rooms, outdoorpools, spa, and tness centers. Reservations can bemade by telephone, fax, or e-mail.

    TELECOMMUNICATIONS AND INTERNET ACCESSThe country code for Haiti is 509. The rst digit indi -cates whether it is a landline (2) or a mobile phone(3 & 4). Cellular telephones are available for rent.Natcom and Digicel have booths at the airport andstores throughout the capital.

    Major hotels offer wireless Internet access in publicareas and in rooms. Cyber cafes and hotspots arealso widely available.

    BANKINGIt is advised to convert your home currency intoUSD before coming to Haiti. Local and internationalbanks have an extensive urban coverage. A limit-ed number of ATMs are available. Visa, Mastercardand American Express are accepted in most touristestablishments. Cash advance is available at somebanks and ATMs.

    For local commercial banks please contact: Unibank,Sogebank, BNC , Capital Bank, Scotiabank, Citi.

    TRANSPORTATIONPrivate taxis and car rentals are available for trans-

    port. The major car rental agencies located in Port-au-Prince include Hertz, Avis, Budget, Dollar, andSecom.Air travel is possible from Port-au-Prince to manyof the provinces, such as Cap-Haitien, Jrmie, LesCayes, and Port-de-Paix.

    HEALTHDoctors and hospitals often expect immediate cashpayment for health care services. U.S. medical in-surance is not always valid or accepted. Travelersshould conrm the validity of their insurance cover-age before living their country.Hotels have a list of private doctors available foremergencies. Private hospitals offer better servicesthan public hospitals. Air ambulances may be re-quired for cases requiring transportation to facili-ties in the region. Drugstores and pharmacies areavailable.

    According to crime rate data, Haiti has a low crimerate compared to other countries in the Caribbean.

    INSURANCE SERVICESThere are two types of insurance systems: private

    and public. The Oce of Accidental Insurance andWorkers Compensation and Maternity (OFATMA) isa government agency that deals with public insur-ance for workers protection against accidents, sick-ness and workers maternity leave.Private insurance is covered by private rms that of-fer coverage for multiple cases such as death, sick-ness, theft, re, etc.

    67

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    68/74

    FDI INCREASEIN LAST FOUR

    YEARS:66.7%

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    69/74

    CFIThe CFI is the rst port of call for foreign investors interested

    in Haiti. Because of this, we have put a lot of work into improv-ing our website, and providing up to date information on theeconomy, as well as the business climate. Information is key,and we are continually improving the quantity and quality ofinformation that we provide. In recognition of this effort, the

    CFI has recently received a best-performance ranking fromthe World Banks investment index, which improved our gradeby 37 % to 85 %. While there is still room for improvement, we

    are ahead of the regional average of 69 %.

    GEORGES ANDY REN, DIRECTOR GENERAL, CFI

    CENTER FORFACILITATION OF

    INVESTMENTSABOUT USAs the National investment promotion

    agency, the Centre for Facilitation ofInvestments (CFI) was established on

    January 31, 2006 by a presidential decree,and created as a result of a public andprivate sector partnership reected inits mixed board structure in responseto the need to simplify regulations andprocedures to increase economic activitiesin the country.

    The CFI acts as the InterministerialCommission on Investments Secretariat

    and the National Council of Free ZonesSecretariat providing administrativesupport and technical assistance.

    The CFI is also involved in the CaribbeanAssociation of Investment PromotionAgencies (CAIPA) along with 19 otherInvestment Promotion Agenciesthroughout the Caribbean and acts as aDirector on the Board of the Association.

    MISSIONThe CFIs mission is to promote and

    facilitate the development of privateinvestments in Haiti by implementingstrategies and active policies, and byproviding a business-oriented approach,for Haitians and foreigners, throughout theinvestment process.

    In other words, the CFI facilitates incominginvestments, promotes and supportsinvestments growth, concretizes businessopportunities, expedites administrativeprocedures for new and existing

    businesses, and provides technical advice.

    The CFI also seeks to promote Haitisstrengths, assets, and key investmentsectors. It also provides ecientadministrative support to Haitian andforeign investors while taking into accounttheir information needs, and identifyingas well as implementing solutions to theirchallenges, throughout the investmentprocess.

    69

    [email protected]

  • 8/13/2019 2013 Investment Guide to Haiti

    70/74

    EXPLOREINVEST

    ACHEIVEYOUR ONE-STOP-SHOPFOR INVESTMENTS

    OUR SERVICES SUPPORTING FOREIGN INVESTMENTS AND INVESTORS

    BEFORE, DURING, AND AFTER THE INVESTMENT PROCESS ASSISTING LOCAL BUSINESSES TO FIND FOREIGN PARTNERS

    AND EXPLORE NEW MARKETS PROVIDING INFORMATION ON BUSINESS OPPORTUNITIES GUIDING ON SETTING UP BUSINESSES INTRODUCING TO HAITIAN BUSINESSES AND AUTHORITIES

    FOR INVESTORS ADVISING ON MARKET ENTRY IDENTIFYING PARTNERS

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    71/74

  • 8/13/2019 2013 Investment Guide to Haiti

    72/74

    FACT SHEETPublication: 2013 Investment Guide to HaitiDate: October 2013Agency: Orbite S.A.

    Publisher: Center for the Facilitation of InvestmentsDirector General: Georges Andy RenDirector of Promotion: Thierry Bijou

    EDITORIAL CREDIT:

    Project Manager: Thierry BijouCreative Directors: Lev Bouillon / Marjorie Carvonis / Thierry Bijou

    Editors: Joshua Jakobitz / Jean Pierre Mangones / Maud Dupiton

    Contributors: Gina Coles / Marjorie Carvonis

    Graphic Designer: Ingrid N. Francois

    Photographers: Thierry Bijou / Patrick Romulus

    Research Assistants: Mario Thelusme / Ronald Brisa

    2013 INVESTMENT GUIDE TO HAITI

    www.cfihaiti.com

  • 8/13/2019 2013 Investment Guide to Haiti

    73/74

  • 8/13/2019 2013 Investment Guide to Haiti

    74/74

    Hati is Open for Business