Haiti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Haiti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Haiti lacks a comprehensive regime for the protection of trade secrets.

It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users and that passive sharing is practised in both the mobile and fixed sectors based on commercial agreements. The obligation has not been found in the law, although Art. 12 of the Decree-Law of 12 October 1977 states that, in order to obtain maximum efficiency and output for the provision of services, agreements can be concluded for the distribution of networks, equipment and buildings between public services of the same or different nature, subject to of the approval of the State Secretariat of Public Works, and Transport and Communications.

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.

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.