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.

Under Arts. 8, 9.1 and 9.2 of CONATEL Administrative Circular No. CNT-CIR20220005, commercial distributors must obtain a licence for each type-approved electronic communications product they wish to import. Art. 8 distinguishes between Category 1 distributors of electronic communications equipment and Category 2 distributors of satellite Internet services and the associated terminal equipment or earth stations.
Imported telecommunications equipment is also subject to inspection and verification by CONATEL, which grants the authorisation required for its release from Customs, in addition to the ordinary customs formalities. The Circular expressly identifies mobile phones, equipment incorporating radio-frequency (RF) or Internet Protocol (IP) modules, optical or laser equipment, commercial Very Small Aperture Terminal (VSAT) equipment and other telecommunications terminals among the equipment subject to homologation fees.

It is reported that businesses and importers have faced lengthy and difficult customs-clearance procedures in Haiti, resulting in significant delays and long waits for imported goods. Earlier reports also identified non-transparent and corrupt customs practices, including requests for unofficial payments to clear shipments and, in some cases, the negotiation of customs duties with inspectors. More recent reporting indicates that systematic physical inspections and the temporary suspension of simplified clearance channels have further prolonged border-clearance times. Off-site inspection arrangements have also been acknowledged as creating corruption risks.

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%.

Haiti does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Haiti has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

Haiti has not joined any free trade agreement committing to open transfers of cross-border data flows.

According to Art. 11 of the Investment Code, Haitian and foreign investors enjoy the same rights and privileges under the principle of non-discrimination.

It is reported that investment in “sensitive” sectors, including the telecom sector, requires a Haitian government concession and authorisation from the appropriate governmental agency.

It is reported that it typically takes about 4 years for the Intellectual Property Service in the Ministry of Commerce and Industry to process a patent registration application.

Some complaints have been reported that the laws on intellectual property rights in Haiti are outdated, as they rely on a century-old industrial law (Law of 14 December 1922) rather than a specific law governing industrial property. Moreover, it is reported that Haiti has weak enforcement mechanisms, ineffective courts, and judges with limited knowledge of commercial law, which compromise the effectiveness of legal protections.

Haiti is not a signatory of the Patent Cooperation Treaty (PCT).

Haiti has a copyright regime under the Decree on Copyright. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 46 lists the exceptions, which include: (i) reporting of current events, provided that only short-term fragments of a performance, phonogram, or broadcast are used; (ii) reproduction solely for scientific research purposes; (iii) reproduction in the context of teaching activities, except where the performance or phonograms have been published as material intended for teaching; among others.

It is reported that Haiti lacks the capacity to prevent piracy and the distribution of counterfeit goods. As a result, theft and infringement of intellectual property rights are reported to be standard practice.