Although Haiti’s Public Procurement Law sets open tendering as the default method for procurement (Art. 29), certain restrictions can be found in the Public Procurement Regulation. Art. 60 of the regulations provide that participation in competitive bidding procedures and direct contracting for supplies, services, and works financed from Haiti’s own resources, including those of local authorities, autonomous administrative, cultural, or scientific bodies, public enterprises, and mixed enterprises with majority public financial participation, is reserved exclusively to Haitian companies that are duly authorised to operate and registered with the General Directorate of Taxes (DGI). Exceptions may apply where permitted under international agreements, or where Haitian companies cannot provide the relevant supplies, services, or works.

Under Art. 29-1 of Haiti’s Public Procurement Law, a tender is considered “open” where any candidate that is not subject to the exclusions set out in Arts. 22 and 23 may submit a bid. Open tendering is established as the default procurement method, and recourse to alternative procedures is treated as exceptional, particularly for contracts with values below the applicable procurement thresholds. Art. 39 further provides that public contracts with a value below the thresholds set out in Arts. 1 and 30 can be awarded without using an open procedure. Arts. 2–3 of the Order of 25 May 2012 set the relevant thresholds for State administration institutions (other than those referred to in Art. 3), departmental collectivities, public enterprises, and mixed enterprises with majority public financial participation at HTG 25 million (approx. USD 190,000) for goods contracts and HTG 20 million (approx. USD 150,000) for services and intellectual services contracts.

According to Art. 58 of the Public Procurement Law of Haiti, when awarding a public contract, preference may be given to the offer presented by small and medium-sized Haitian businesses or nationals of member countries of the same economic community of States. This preference must be quantified as a percentage of the offer amount, with a maximum of 15%. The preference cannot be invoked if it has not been provided for in the tender documents.
Art. 58 of the Public Procurement Regulation further operationalises this mechanism by specifying that the margin may be granted to eligible Haitian or “community” firms, including:
(i) suppliers of manufactured goods where at least 30% of the manufacturing cost reflects value added in Haiti or within the relevant economic community;
(ii) contractors in the building and public works sector, provided that at least 30% of inputs originate in Haiti or the relevant economic community, or that at least 70% of personnel across categories are Haitian nationals or nationals of the relevant economic community; and
(iii) consulting firms and design offices.
For consulting firms and design offices bidding in consortium with foreign firms, the margin is capped at 10%, and only where their participation represents at least 30% of the study.

It is reported that, following the implementation of the Order of 25 May 2012 fixing public procurement thresholds, a substantially larger share of procurements has fallen below the thresholds requiring management by the National Public Procurement Commission (CNMP). Private-sector stakeholders report that this has reduced transparency in the award of many lower-value government contracts.
In addition, foreign investors report that the government frequently resorts to non-competitive (no-bid) contracting, at times invoking “emergency” authority linked to natural disasters even where the connection between the alleged emergency and the contract is not evident.

Haiti is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Guyana-type approval is a mandatory certification process for electronic and telecommunications equipment, including smartphones, tablets, laptops, routers, modems, microwave ovens, and digital cameras. The process ensures they meet the country’s technical and safety standards. It is reported that Guyana has implemented a Conformity Assessment Scheme that facilitates the entry of equipment into the local market. The approval requirements in Guyana include technical specifications, safety standards, and electromagnetic compatibility (EMC) requirements, and foreign companies can self-certify compliance through a Supplier Declaration of Conformity (SDoC). The Telecommunications Agency of Guyana is the authority responsible for approving telecommunications equipment.

It is reported that Guyana does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

The Communications and Electronic Communications and Transactions Act 12 of 2023 and the Consumer Affairs Act 2011 (CAA) provide a comprehensive framework for consumer protection that also applies to online transactions. The Communications and Electronic Transactions Act 2023 establishes Guyana's regulatory framework for secure electronic transactions, including the payment, transfer and receipt of money, with the objective of encouraging the development of the necessary legal and business infrastructure for safe electronic commerce. Within this framework, Sec. 44, entitled Consumer Protection, requires e-commerce providers to (i) provide sufficient information for legal processes, (ii) provide consumers with adequate information to make informed decisions and maintain complete records, (iii) provide data necessary for record-keeping such as receipts, and (iv) authorises the Minister to promulgate regulations relating to the sale of e-commerce goods or services through electronic transactions. Similarly, the Consumer Affairs Act 2011 (CAA) serves as a legislative tool to protect consumers' interests in their dealings with producers and suppliers.

Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Guyana enacted the Electronic Communications and Transactions Act 12 of 2023, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Guyana has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

The Electronic Communications and Transactions Act 2023 establishes a safe harbour regime for intermediaries for copyright infringements. Under Art. 58(1) of the Act, an intermediary that is only providing access to third-party information contained in an electronic communication is not subject to civil or criminal liability for that information, provided it satisfies the conditions in Art. 58(1)(a)–(d), including having no actual knowledge of illegality and not being aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known. Where the intermediary subsequently acquires such knowledge or becomes aware of such circumstances, it must comply with the procedure in Art. 59.
According to Art. 59 the intermediaries are required, as soon as practicable, to remove the information from any system under its control, cease providing services in respect of it, and notify the police of the relevant facts and, where known, the identity of the person for whom it was supplying services (s.59(1)).

The Electronic Communications and Transactions Act 2023 establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Art. 58(1) of the Act, an intermediary that is only providing access to third-party information contained in an electronic communication is not subject to civil or criminal liability for that information, provided it satisfies the conditions in Art. 58(1)(a)–(d), including having no actual knowledge of illegality and not being aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known. Where the intermediary subsequently acquires such knowledge or becomes aware of such circumstances, it must comply with the procedure in Art. 59.
According to Art. 59 the intermediaries are required, as soon as practicable, to remove the information from any system under its control, cease providing services in respect of it, and notify the police of the relevant facts and, where known, the identity of the person for whom it was supplying services (s.59(1)).

Pursuant to Art. 9A(1) of the Telecommunication (Amendment) Act 2008, a licensee authorised to provide mobile cellular services may not activate or reactivate a SIM card unless the prescribed particulars of the SIM card and/or the mobile device are recorded and stored.
Under Art. 9A(2), the licensee must, at its own cost, implement a process to record and store, for a period of five years, SIM-related information, including:
(i) the MSISDN number (or an equivalent identifier) of the SIM card to be activated or reactivated;
(ii) the IMEI number of the mobile handset to be used;
(iii) the full name, age, national identity number (if any) or passport number (if any), and residential, business, and postal addresses of the person requesting activation or reactivation (subject to any alternative requirements determined by the Minister or prescribed by regulation); and
(iv) details of calling and receiving parties, as well as the time and duration of calls.
For the purposes of Art. 9A(2)(iii), the licensee must verify the individual’s full name and identity by reference to identification documents, and require the person to provide attested copies of documents evidencing their addresses to the satisfaction of the licensee.
Moreover, pursuant to Art. 9A(5) of the Act, any dealer who sells or otherwise transfers a SIM card or a mobile cellular phone must obtain from the purchaser a self-attested passport-size photograph and a ministerially approved document stating: (i) full name and age; (ii) national identity number or passport number, or other sufficient proof of identity; and (iii) residential, business, and postal addresses. The dealer must also verify, by reference to the identification document, the person’s photograph, full name, and national identity or passport number (where applicable), and retain this information for five years.
Although the original Telecommunication Act of 1990 was repealed in 2016, the new telecom framework explicitly states that the Telecommunication (Amendment) Act 2008 remains in force.