Database

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HAITI

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity
It is reported that the type approval procedure in Haiti is administered by the Conseil National des Télécommunications (CONATEL). All new models of telecommunications equipment intended for use in the national territory, as well as imported telecommunications equipment, are subject to CONATEL’s type approval and related inspection and registration controls, which cover products using radio-frequency and cellular technologies.
The type approval process reportedly comprises the following steps: (1) submission of an application to CONATEL together with the required documentation and technical specifications for the device; (2) payment of the applicable type approval fees; (3) provision of conformity evidence, commonly including EU/FCC technical documentation (TCF) and accredited test reports, and, where requested, submission of a product sample for verification; (4) completion of the authority’s technical assessment and issuance of a positive conformity outcome; and (5) registration of the device with CONATEL and issuance of the type approval (homologation) certificate, enabling the importation, use, and sale of the device in Haiti.
Coverage Electronic products

HAITI

N/A

Pillar Online sales and transactions  |  Indicator 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 Online sales and transactions  |  Indicator 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 Cross-border data policies  |  Indicator 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 Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Haiti does not have a comprehensive data protection regime in place.
Coverage Horizontal

HAITI

Reported in 2018

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Reported state-mandated access to telecommunications data
It is reported that the Executive Body of the National Telecommunications Council (CONATEL) has instructed the relevant parties to facilitate the installation of TABS servers for the collection of call data records (CDR) and the generation of traffic reports on time division multiplexing (TDM) by the network operating centre. The head of CONATEL has further ordered that the decryption key enabling access to and interpretation of the CDR be placed at its disposal. These measures were undertaken by the Haitian authorities pursuant to Art. 21 of the Decree of 12 October 1977, which stipulates that all telecommunications services are required to collaborate with the State in the manner defined by the decree and its implementing regulations and to facilitate the supervision incumbent upon the State.
Coverage Telecommunications sector

HAITI

N/A

Pillar Intermediary liability  |  Indicator Safe harbour 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 Intermediary liability  |  Indicator Safe harbour 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

Since July 2013

Pillar Intermediary liability  |  Indicator User identity requirement
Decision No. OE-CNT-DEC20130004 of 24 July 2013 Requiring Operators to Establish a Structure for the Identification of Activated SIM Card Purchasers (Décision No. OE-CNT-DEC20130004 du 24 juillet 2013 faisant obligation aux opérateurs de mettre en place une structure d’identification de l’acheteur de carte SIM activée)
Under CONATEL Décision No. OE-CNT-DEC20130004, telecom operators must ensure that purchasers of pre-activated SIM cards can be identified, either directly or through a seller accountable for verifying the purchaser’s identity. The identification obligation applies at activation/commissioning, and operators must maintain a database containing the legal identification details of all users or subscribers for each number in service.
Coverage Telecommunications sector

HAITI

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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. has been 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 owns 60% of the enterprise, while the Haitian government owns the remaining 40%.
Coverage Telecommunications sector

HAITI

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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

HAITI

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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 & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
Haiti has a telecommunications authority: the Conseil National des Télécommunications. However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector

HAITI

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Haiti is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

HAITI

Since October 1989

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Investment Code (Code des Investissements)
According to Art. 11 of the Investment Code, Haitian and foreign investors enjoy the same rights and privileges under the principle of non-discrimination.
Coverage Horizontal

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