Database

Browse Database

HAITI

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention of Electronic Communications
Haiti is not a signatory of the UN Convention of Electronic Communications.
Coverage Horizontal

HAITI

Since 2017

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Haiti has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

HAITI

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Haiti lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

HAITI

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Haiti does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

HAITI

N/A

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Lack of self-declaration of conformity
It is reported that type approval procedures in Haiti are regulated by the Conseil National des Télécommunications (CONATEL). All products using radio frequency and cellular require type approval and certification in Haiti. The process of obtaining type approval in Haiti involves several steps, as follows: (1) Submitting an application to CONATEL along with the required documents and technical specifications for your device; (2) Paying the Haiti type approval fees, which vary based on the type of equipment and the certification body.;(3) Having the device undergo testing at an approved laboratory to verify its compliance with CONATEL’s technical standards; (4) Receiving a certificate of conformity from the certification body, confirming that the device meets CONATEL’s requirements; (5) Registering the device with CONATEL and obtaining a certificate of type approval, enabling the company to use and sell the device in Haiti.
It is reported that the Haitian telecom authority, CONATEL, mandates to conduct in-country testing
Coverage Electronic products

HAITI

Since July 1987

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Customs Code - (Décret Relatif au Code Douanier)
In accordance with Art. 264 of the Customs Code, individuals of foreign nationality involved in importing and exporting are obligated to obtain a license, which must be renewed at the start of each fiscal year. The renewed license should be submitted to the Director of Customs.
Coverage Horizontal

HAITI

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Haiti's law and jurisprudence.
Coverage Internet intermediaries

HAITI

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User identity requirement for SIM registration
It is reported that Haiti imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

HAITI

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Haiti's law and jurisprudence.
Coverage Internet intermediaries

HAITI

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Haiti does not have a comprehensive regime of data protection in place.
Coverage Horizontal

HAITI

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Haiti has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

HAITI

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Conseil National des Télécommunications, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

HAITI

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Haiti has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

HAITI

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom market
It is reported that Natcom S.A is the largest telecom provider in Haiti since 2010 with a 30% market share. Natcom is a joint-venture between the Haitian government and the Vietnamese company Viettel. The latter one owns 60% of the enterprise, while the Haitian government accounts for the other 40%.
Coverage Telecommunications sector

HAITI

Reported in 2011

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Haiti does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector