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

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 "Order of 26 October 2009 Specifying the Modalities for the Application of the Law Establishing the General Rules Relating to Public Procurement and Public Service Works Concession Agreements" reserves participation in competitive tendering and direct contracting for goods and non-consultancy services financed from Haiti’s own resources to Haitian companies duly authorised to operate and registered with the Direction Générale des Impôts, DGI, General Directorate of Taxes. Foreign suppliers may participate only where an applicable international agreement permits their participation or where Haitian companies are unable to provide the required goods or services.

Art. 58 of Haiti’s Public Procurement Law permits a preference to be granted to bids submitted by Haitian small and medium-sized enterprises or by small and medium-sized enterprises from a member country of the same economic community of States. The preference must be quantified as a percentage of the bid amount and may not exceed 15%. It applies only where it has been expressly 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.

Since 2014, 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 party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

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).

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.