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REPUBLIC OF HAITI

GUIDE

INVESTMENT

2013

CENTER FOR FACILITATION OF INVESTMENTS

INVESTMENT GUIDE TO HAITI

2013

2013 INVESTMENT GUIDE TO HAITI


ACKNOWLEGMENTS
The content of this guide was developed through consultations with public and private sector organizations as well as multilateral agencies. The Center for facilitation of investsments is grateful to the many organizations and institutions for making the publication of this guide possible by providing feedback, input, and other forms of assistance . In particular, we would like to thank the Haitian Chamber of Commerce and Industry (CCIH), the Association of Industries of Haiti (ADIH), the American Chamber of Commerce (AMCHAM), the Haitian-Canadian Chamber of Commerce (CCIHC), the CTM-HOPE, the US Trade Representative Office, USAID, the International Finance Corporation (World Bank Group), the Clinton Foundation, the Presidential Advisory Council on Economic Growth and Investments (PACEGI), the Private Sector Economic Forum, the Tourism Association of Haiti (ATH), the Free Zone Association, the National Corporation of Industrial Parks (SONAPI), the Ministry of Commerce and Industry, the Ministry of Tourism, the Ministry of Agriculture , and other public entities that provided their input. Cooperation between Inter-American Development Bank and the CFI was essential for the success of this project.

DISCLAIMERS
While every reasonable effort has been made to ensure the information provided in this publication is accurate as of the date of publication, the reader should not make any business or other decision based on this information alone, without a further independent validation. Neither the CFI nor any of its collaborators can be held responsible for any such decision or its consequences. Nothing in this publication is intended as business, legal, or tax advice. Please visit the CFI website www.cfihaiti.com, for the latest information and to download this guide.

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HAITI AT A GLANCE [P12-P33]

REASONS TO INVEST [P34-P41]

HOW TO INVEST INVEST [P42-P43]

ABOUT THE COUNTRY [P44-P65]

COMING TO HAITI [P66-P67]

CENTER FOR FACILITATION OF INVESTMENTS (CFI) [P68-P71]

HAITI IS MOVING
2013 INVESTMENT GUIDE TO HAITI

FORWARD

There are several key hubs for growth and investment that spur the emergence of a nations economy, such as: construction and infrastructure, financing, information and communication technologies, education and training, agriculture and animal husbandry, tourism, apparel industry and Business Process Outsourcing (BPO). This economical potential has to be harnessed, and its in that direction that the Advisory Council will assist my administration in traversing the obstacles to direct investment to propel growth in Haiti. The country has all the necessary natural assets ripe for harvest. We have more than 1600 km of seashore, as well as a rich culture and immense business opportunities. The building sites of the reconstruction are open and the means to ensure investment in the various sectors of the economy will be given by the public authorities. The strategic vision of my government for Haiti is to put an emphasis on the creation of 500,000 jobs over the next three years by fuelling the growth engines of the Haitian economy. The hubs for growth will become the direct paths to investments, once they are clearly defined and stimulated by the large corporations, mid-size businesses and micro-enterprises. The Presidential Advisory Council on Economic Growth and Investment is one of my campaign promises. This organization will develop innovative strategies to attract direct foreign investments to Hati. Laws and regulations will be ratified in order to offer investors the most accommodating environment. The State and the territorial communities will all take part in work to improve the attractiveness of Haiti as an investment hub. The Advisory Council with its members, is an invaluable instrument contributing to the improvement of Haitis image abroad, and pivotal in building the nation into a prime hub for foreign direct investment in the Caribbean.

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HIS EXCELLENCY MICHEL JOSEPH MARTELLY PRESIDENT OF THE REPUBLIC OF HAITI

HIS EXCELLENCY LAURENT SALVADOR LAMOTHE PRIME MINISTER OF THE REPUBLIC OF HAITI

HAITI IS OPEN FOR


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BUSINESS
The Government of Haiti is dedicated to promote social inclusion programs to allow Haitians the opportunity to get jobs, for the private sector to find strategic partnerships, and finally for the country to benefit at last. Our vision is to become an emerging nation by 2030. This might sound grandiose to some in light of the general perception of Haiti, but those who know Haiti and those who are Haitians can testify that we are resilient people, and the challenge that we currently face will be overcome. We are strengthening democratic institutions and improving the Rule of Law to maintain political stability. Changes have been made. To attract foreign direct investment, Haiti must maintain sound macroeconomic fundamentals, create competitive regulatory framework, fight corruption, promote an institutionalized transparency and accountability, as well as apply internationally accepted best practices. Those are the necessary stepping-stones the Government of Haiti is taking to ensure long-term economic development. According to the World Bank, the Haitian economy is recovering after the earthquake with a GDP growth of 6% in 2012 and will be one of the fastest growing GDP in the hemisphere for the coming years. Domestic output is expected to grow stronger in the short run driven by the reconstruction effort. Our government is committed to accelerate fast tract public investment and do all it can to attract private investment. A strong collaboration with the private sector is fundamental; after all it is the economic force that generates employment and economic wealth for a nation. For all investors and entrepreneurs, investing in Haiti means that you will find a government that is willing to work with you. The Government sees investment as a clear catalyst in rebuilding our country. It is the best time to invest, Haiti is Open for Business!

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2013 INVESTMENT GUIDE TO HAITI

HAITI IS TRANSITIONING FROM AID TO TRADE

GEORGES ANDY RENE DIRECTOR GENERAL CENTER FOR FACILITATION OF INVESTMENTS (CFI)
Dear Investor, It is with great pleasure that I present to you the first Investment Guide to Haiti produced by the Center for the Facilitation of Investments (CFI). Haiti has experienced tragedy in recent years, but there are also clear signs of a better future. In 2009, before the January 2010 earthquake, the country posted one of the highest growth rates in the region. The earthquake not only dealt the country a severe economic blow, but also produced one of the greatest humanitarian emergencies on record in the region. Both the Government and private sector of Haiti have shown their commitment to consolidate the transition from emergency relief to sustainable recovery, in this way turning tragedy into a window of opportunity. For the investor, Haiti today offers valuable competitive advantages making it an attractive destination for capital. The country has a free-market economy and low-cost labor, a pro-business government, and demands for capital that will continue to increase in the future. The Haitian Government works diligently to improve the legal and economic environment and to promote foreign and domestic direct investment. These new policies have fostered interest in doing business in the country, particularly in sectors such as apparel manufacture, tourism and leisure, agribusiness and food processing, call centers, construction and building materials, mining, and arts and crafts. We trust investors will recognize and respond to the numerous opportunities available in Haiti. In partnership with a welcoming and supportive government, foreign investors have a real opportunity to forge profitable business relationships in Haiti, as well as to rebuild this beautiful country. This guide presents an overview of Haiti as an investment destination. It highlights the advantages offered in Haiti and the incentives offered by the government. It also describes the operating environment for businesses, including an overview of regulatory framework for investments. CFI is the national investment promotion agency that resulted from a public and private sector partnership. It was created in 2006 as a One-Stop Shop for promoting foreign and domestic investment in the country. We warmly appreciate your interest in Haiti and look forward to working with you.

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HAITI PRESENTS UNTAPPED POTENTIAL


Haiti is open for business means that the government will take all the necessary steps through the relevant organizations, such as the Haitian Chamber of Commerce & Industry (CCIH), and the Center for the Facilitation of Investments (CFI), to [ensure] that companies looking to invest in this country are helped through the process as quickly as possible. FOREIGN INVESTMENTS... Job creation is very important, and we understand that to achieve this goal we need to attract foreign investments. We know that these new ventures will require that we increase our skills base. But we also know that the presence of foreign companies obliges local players to up their game, and raises standards of good governance. This is a good thing for Haiti. Haitian companies will adapt and evolve. The important thing for overseas companies to remember is that Haiti needs and wants foreign investments. HUGE POTENTIAL... My advice to people thinking about investing in Haiti is to take the time to get to know Haiti, dont just fly in for half a day; come for three or four days and contact us first. We will arrange meetings, show you around, put you in touch with the right people, the people on the ground. Get in touch with CFI, get out there and have a proper look around. If the CEO cant stay for that long, then at

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least leave a team that can gather information and get a feel for the place. Because anybody who takes the time to get to know Haiti will see the huge potential here!

MR. DIDIER FILS-AIM PRESIDENT CHAMBER OF COMMERCE & INDUSTRY OF HAITI (CCIH)

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2013 INVESTMENT GUIDE TO HAITI

HAITI AT A GLANCE

STRATEGIC LOCATION
Haiti is located on the western part of the island of Hispaniola between the Caribbean Sea and the North Atlantic Ocean. Haiti is a mountainous Caribbean country with coastal plains, river valleys, and a large elevated plateau. The countrys territory also includes numerous small islands as well as four large islands all offering magnificent sites for tourism development: La Gonave (to the West), La Tortue (off the north coast), lle Vache (to the south), and Grande Cayemite , in the southern peninsula. Haiti enjoys a strategic location, 2 hours away by plane from the United States with access to 972 million consumers in the Caribbean, Central, North and South America.

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COUNTRY PROFILE
OFFICIAL NAME: Republic of Haiti YEAR OF INDEPENDENCE: 1804 CAPITAL: Port-au-Prince OTHER MAJOR CITIES: Cap-Haitien, Gonaives, Les Cayes, Jacmel, Hinche AREA: 27,750 km2 DEVELOPED LANDS: 18% of the area AGRICULTURAL LANDS: 17,700 km2 - 64.2% of total area CLIMATE: Tropical with an average temperatures between 20C (63F) and 34C (94F) Hurricane season: June to October POPULATION:10,173,775 (2012) LABOR FORCE: 41.3% of the population AVERAGE ANNUAL GROWTH: POPULATION: 1.6% (2003-2009) LABOR FORCE: 2.2% (2003-2009) LANGUAGES: French and Haitian Creole English is widely spoken in the business community. Spanish is also spoken by many. TIME ZONE: UTC-5 POLITICAL SYSTEM: Unitary Semi-Presidential KEY INVESTMENT SECTORS: Agribusiness, Construction, Energy, Manufacturing, Telecommunications, Tourism CURRENCY: Haitian Gourde (HTG), US$ 1 = HTG 43.9 (monthly average for July 2013) U.S. dollars are accepted everywhere ELECTRICITY: The standard is 110 V, 60 Cycles, with American outlets. 220 V is also available FISCAL YEAR: October 1 September 30

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2013 INVESTMENT GUIDE TO HAITI

HAITIS INFRASTRUCTURE
AIR TRANSPORTATION
As far as air transport is concerned, Haitis main international air transport facility is the Toussaint Louverture International Airport (PAP), located in the outskirts of Port-au-Prince, with a capacity of 500,000 passengers per year. The Hugo Chavez International Airport located in Cap-Hatien (CAP) also supports international air travel, although at a significantly smaller scale. The airport in Port-au-Prince is going through renovations at a cost of US$15 million and the arrival terminal was recently finished. The airport in Cap-Hatien is going through significant changes with an investment of over US$60 million for a new runway. TWO INTERNATIONAL AIRPORTS Toussaint Louverture International Airport in Port-auPrince (PAP) Hugo Chavez International Airport in Cap-Hatien (CAP) FOUR DOMESTIC AIRPORTS Jacmel Jrmie Les Cayes Port-de-Paix

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ROADS
The national road network extends 3,608 km and includes 950 km of primary roads, 1,315 km of departmental or secondary roads, and 1,343 km of tertiary or rural roads. Major cities, aiports, ports and industrial parks are connected by main roads.

SEAPORTS
The two seaports servicing international maritime transport are located in Port-au-Prince and Cap-Hatien. The primary port, that of Port-auPrince, mainly handles container freight and general fractioned freight in addition to other docks and warehouses specializing in grains. Currently, the Port-au-Prince facility move close to one million tons annually. An additional 17 smaller ports are equipped for short-distance vessels. Major shipping companies such as Maersk Sealand and NYK Logistics already serve the Haitian market. Air cargo service carriers such as FedEx, DHL, and UPS control the greatest market share with additional firms attempting to gain entry. Access to seven main seaports: Port-au-Prince, Cap-Hatien, Gonaves, Jacmel, Miragone, SaintMarc, Les Cayes.

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2013 INVESTMENT GUIDE TO HAITI

OVERVIEW
Economic activity in Haiti increases annually and prospects for continued growth and investment opportunities are promising as the country shifts its focus from relief to reconstruction. According to the World Economic Forum, Haiti possesses the economic fundamentals to catapult it into a vibrant marketplace by 2030 through a combination of smart public sectors engagement of the national and international private sectors. In order to stimulate economic growth, the Haitian Government, through the Presidential Working Group on Competitiveness (GC), identified six key investment sectors to create a large number of jobs, increase productivity and create numerous micro, small and medium enterprises (SMEs): the backbone of any economy. Therefore, the Haitian Government, with the help of CFI, is focusing efforts on attracting investments in the manufacturing, construction, energy, telecommunications, agribusiness, and tourism sectors.

KEY SECTORS

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MANUFACTURING

CONSTRUCTION

ENERGY

TELECOMMUNICATIONS

AGRIBUSINESS

TOURISM

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2013 INVESTMENT GUIDE TO HAITI

AGRIBUSINESS
With favorable weather and soil conditions - along with an aboundant kabor force and strong government support - the agricultural sector is one of the most promising key investment sectors in Haiti. sector. The Government of Haiti chose the agricultural industry as one of the main pillars of the countrys economic growth, as its production represents 26 percent of Haitis GDP. The agricultural sector offers strong advantages for investment: large areas of undeveloped land, availability of irrigation water and irrigated land, variety of agro-ecological environments allowing the development of a wide range of sustainable systems, domestic demand for food products, organic crop and livestock production, and the availability of arable land (10,073 km2 - 36.3% of total area). Promising lands, located on the plains, have the advantage of being primarily adjacent to the sea, making it easier to channel products to national and international markets. Haiti is ranked first in the Caribbean for highest percentage of available arable land.

COFFEE
Coffee is another potential area for agribusiness development. Haiti has a network of export oriented producer organizations and companies that have been steadily increasing their production while continuing to emphasize quality. Domestic coffee consumption is high: 59 to 65percent of the countrys production is consumed domestically and consumption has been increasing at an annual rate of 2 to 3 percent. Haiti remains one of the few countries with a chemically free production process and 100 percent organic. There is a great potential for transforming Haitis coffee sector from a producer of low quality natural coffee into a top commodity. Haitian agribusinesses benefit from the countrys proximity to the US, where demand is growing for Haitian agricultural products, particularly those grown organically.

CACAO
Haitianscacaois renowned to be the best in the world. It is mainly grown in the northern and southern part of the country. In 2011, Haitis exports of cocoa beans totaled US $6.9 million, following a 9percent compounded annual growth rate between 2003 and 2009. Almost all Haitian cocoa beans are exported to the US market. Haiti produces an average of 9,208 tons of cocoa per year and ranks as the 26th in the world and sixth at the regional level in the export of cocoa.

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ARABLE LAND AVAILABILITY


36.3% 33.4%

40.0

30.0

20.0

11.1%
10.0

16.6% 4.9%

Haiti

Cuba

Jamaica

Costa Rica

Dominican Republic

Sources: World Bank and the Ministry of Agriculture, Natural Resources and Rural Development

OPPORTUNITIES AND PERSPECTIVES Haitis government has been aware of im-

Top Ten commodities Export quantity in 2010 Commodity


Essential oils Cocoa beans Mangoes, mangosteens, guavas Coffee, green Fruit Distribution of Alcoholic Beverages Non-Alcoholic Beverages Fruit, tropical fresh nes Chicory roots Butter Cow Milk

Value [1000 USD]


17,921 12,603 8,390 1,555 1,313 1,137 515 328 78 7
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portance of the sector and eager to improve 1 its ICT infrastructure. The national telecommunication company (TELECO) was privat2 ized in 2010 opening the door for private investors to tap Haitis promising market. [1] 3 Viettel, the largest mobile telephone operator in Vietnam, won the bidding of the pri4 vatization of TELECO under cooperation with IFC. In 2010, Viettel acquired the majority of 5 shares, transferring an initial US$ 59 million. The companys total investment amount reaches around US$ 100 million. 6 Most of the ICT infrastructure in Haiti was 7 severely damaged or destroyed by the earthquake in 2010. Haitis telecommuni8 cation sector is in dire need of reconstruction. However, several indicators from World Bank show that some progress had been 9 made during 2000-2009.
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2013 INVESTMENT GUIDE TO HAITI

ENERGY

Energy is an essential infrastructure, central to Haitis sustainable development. Within the energy sector, the power subsector has been characterized by less than 30percent access to electricity overall and only about 5 percent in the rural areas. In fact, the energy is one of the single largest sector markets in the country. A power sector expansion plan estimates the need for a 200 to 300 MW increase each year for the next five years to meet the growth objectives of the Haitian Government. When generation, transmission, distribution and commercialization are taken into account, this looks like a multi-billion dollar need for investment. Statistics show a very ineficient use of energy in Haiti. The final energy intensity, final ener-

gy consumption per GDP, shows approximately 570 kgoe/1000 US$1,995 in 2001, or the equivalent of 22.8 kgoe/1000 Gourdes. Compared to other countries in Latin America and Caribbean: Jamaica 431, Cuba 403, Guatemala 361, Dominican Republic 306, El Salvador 264, Mexico 195, Panama 195, Costa Rica 167. Per capita annual final electricity consumption is only 84 kWh in 2000 the least amount in the Caribbean area. Electricity consumption represents only 4% of the total final energy. Less than 30% of the households are connected (including illegal connections) to the grid and only 12.5% are regularly connected with meters. The largest sector for electricity consumption is industry (43%). But this sector represents only 10% of the GDP.

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SOLAR: ABUNDANT AND FREE


OPPORTUNITIES AND PERSPECTIVES
It is necessary to make changes in the Haitian energy sector. The present objective of the National Energy Sector Development Plan involves various stakeholders and aiming to establish: a vision for the future of the energy sector and a consensus on options for sustainable development; a priority for short and middle-term actions and the identification of a development partnership for the energy sector between the Government, private sector and donors. Fuel wood remains until now the most important source of energy of the country: the country energy needs are met by about 80 percent with local biomass and hydroelectricity.

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2013 INVESTMENT GUIDE TO HAITI

RENEWABLE ENERGY

HAITIAN GOVERNMENT HAS FORMALLY COMMITTED TO THE PROMOTION OF RENEWABLE ENERGY.


THE PRIVATE-PUBLIC PARTNERSHIP 1. Fosters a mixed public and private market promoting competition and creating jobs while offering electricity access to the population. 2. Involves the private sector in sales to the customer as well as electricity generation and grid management. 3. Ensures the public sector regulates the electricity subsector, making sure the interests of the consumers as well as that of the service providers are protected. 4. Makes financial credit available to the consumer for purchase of renewable energy technology. 5. Results in jobs created and funds injected into the economy.

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FIREWOOD AND CHARCOAL It is essential to reduce the use of firewood and charcoal by households and small and medium enterprises. Available alternatives are conservation and substitution. BAGASSE The fibrous residue from sugar cane (squeezed by the mill to extract the juice and having a calorific value of 7900 kJ / kg) called bagasse will be valued and used as an alternative fuel to firewood. The use of bagasse as an energy source in sugar mills and guildives for the production of alcohol will be systematized. Sugar mills electricity production will be supported to obtain greater capacity in order to provide surrounding communities with electricity via mini-grids. WASTE TO ENERGY Waste management is a serious problem faced daily by the Haitian urban communities. To help solve this problem the government is encouraging actions aiming at using waste: as raw material for energy production (electricity, biogas, etc.) and as compost for agriculture. The current system of generation, transmission and distribution of electricity hinders progress and socioeconomic development of Haiti. This situation that the earthquake has worsened is mainly characterized by: An extremely low rate of electrification (less than 30percent) A rate of electrification even lower in rural areas; An electricity supply that is intermittent, irregular and unreliable (in electrified areas); Very high costs of electricity; A fragmented grid; Absence of an entity monitoring the sectors operation; Electricity production based mainly on imported petroleum products (70 percent diesel or heavy fuel oil) at high cost for the country (almost 50 percent of the balance of payments to meet 20 percent of energy needs); Production of electricity from polluting fossil fuels, hazardous to the environment and producing greenhouse gas emissions. Haiti, with domestic crude oil resources nor refining capacities, is highly vulnerable to the oil product disruptions and to the volatility of oil product prices. The country is mainly importing its petroleum products from Venezuela due to the preferential terms of

the Petro Caribe Accord signed between the two countries. As long as this agreement remains favorable to national interests, the Government intends to make every effort to meet its commitments and to benefit from advantages offered to the country. In 2008, the Haitian Government formally committed to the promotion of renewable energy. The use of these domestic energy resources provides access to the nations energy autonomy. It allows conciliating energy supply and environmental protection while respecting the citizens right to have access to energy resources. Initial investment costs are high, but already competitive given the high costs of thermal generation. A major challenge remains the lack of knowledge of Haitis regulatory and technology needs for the implementation of renewable energy technologies. ENERGY POLICY COMPONENTS Energy policy will ensure that by 2020, 50 percent of electricity supply is generated using renewable energy. SMALL HYDRO The hydropower potential of the country must be increased to power production capacity. SOLAR ENERGY Solar energy is probably the most abundant energy resource nationwide. However, considering the state-of-the-art technology to implement this form of energy, the initial investment costs are high. Facilitating access to electricity generated from solar; especially in areas without other viable alternatives will result in an improved standard of living for the population. WIND ENERGY The utilization of wind energy is a privileged axis. This resource must be developed in all regions of countries where viable economic potential will be highlighted. BIOFUELS The cultivation of suitable crops to produce biofuels is a path to energy security and energy autonomy of Haiti. The purpose is to value the marginal lands not subject to lucrative agricultural activity by providing opportunities for sustainable income to the population without interferenring with food production programs.

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2013 INVESTMENT GUIDE TO HAITI

MANUFACTURING
THE HAITIAN GOVERNMENT HAS MADE THIS SECTOR A PRIORITY AND IS INVESTING IN MODERN INFRASTRUCTURES IN ORDER TO ATTRACT INVESTMENT, STIMULATE THE LOCAL MANUFACTURING INDUSTRY, AND INCREASE ITSPRODUCTION CAPACITY.

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MR. ANDY ANSALDI III, CEO & MR. FRITZ FELCHLI, PRESIDENT
MR. DANNY LIU, OWNER
FAIRWAY APPAREL, S.A. Port-au-Prince, Haiti YEARS IN OPERATION: 5 TOTAL NUMBER OF EMPLOYEES: 453 CERTIFICATIONS: Better Works registered MAIN PRODUCTS: Athletic wear tops and bottoms. Including: football jerseys, sports uniforms, tops, shorts, pants SERVICES: CMT, Sublimation. 100% synthetic CUSTOMERS: Champro, Rawlings TOTAL OUTPUT (CURRENT OVERALL): 850 dozens/day, 6 working days AVAILABLE CAPACITY: Limited (20% available capacity) CARIBBEAN ISLAND APPAREL, SA. Shodecosa Industrial Park, Port-auPrince, Haiti WEBSITE: www.island-apparel.com YEARS IN OPERATION: 29 TOTAL NUMBER OF EMPLOYEES: 1703 CERTIFICATIONS: WRAP, Better Works registered, Walmart, JC Penney, Cintas MAIN PRODUCTS: Woven pants, uniform tops and bottoms, knit shorts SERVICES: CMT CUSTOMERS: Dickies, Reed, Robinson Mfrs TOTAL OUTPUT (CURRENT OVERALL): Woven: 120,000 pcs/week. KNITS: 70,000/week

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2013 INVESTMENT GUIDE TO HAITI

GARMENT
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The manufacturing sector plays a key role as the countrys single largest economic sector. The Haitian manufacturing industry has been a pioneer of todays modern outsourcing business. Once employing over 100,000 workers, the industry was slowed by a period of political upheaval and government sanctions, in which business stagnated and the number of jobs decreased to 15,000. The sector was affected once again due to the devastating earthquake of 2010. Today, the sector is growing steadily as a result of the improved level of security, stability in the country as well as development efforts. Haiti has over 30 factories and employs over 30,000 workers. It is the fastest growing exporter to the United States. In 2012, exports reached US$730 Million, an increase of 4.1percent compared to US $701.30 Million in 2011. This represents an increase of over 40percent over 2010 figures, which were US $512 Million. The HOPE II/HELP Act, established in 2006, provides unique advantages and duty free access to the US market, and more flexible sourcing rules than those offered to other countries. HOPE II/HELP Act also

allows wire harness automotive components manufactured in Haiti to be exported to the US market duty free through 2020, without volume restrictions. This critical difference means that goods manufactured in Haiti and shipped to the US have a significant economic advantage. In 2012, the HOPE II/HELP Act related apparel products constituted 42 percent of Haitis exports (US $303 Million). Haitis garment sector offers great opportunities for increasing investment, output, and employment. While Haitis garment expertise has been primarily knit tops, servicing clients such Hanes and Gildan, Vanity Fair Brands and The Gap Inc., there has been a significant increase in diversity of product in order to benefit from additional categories included in the HOPEII/HELP Act. Such products include various uniforms, work wear, jeans, woven trousers, athletic wear, suits and accessories. With the encouragement of diversification of product, Haitis clients have grown to include Williamson Dickies Apparel, Fishman & Tobin, Levis, Robinson Athletic Apparel, Champro Sports and Jos. A. Bank. There has also been an increase in the assembly of electronic.
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2013 INVESTMENT GUIDE TO HAITI

TOURISM

The tourism development plan, a sector-wide plan includes deliverables for all major role players in the tourism sector. Its core objectives are:
Grow the tourism sectors contribution to GDP Grow demand from the USA and Canada Encourage investment and implement regulatory reform agenda Develop an embryonic industry to a stable sector Increase supply of skilled labors and provide decent jobs

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SECTOR STRENGHT
Tourism has been identified as one of the key economic sectors with excellent potential for growth. It is one of the pillars of the government economic reconstruction program. The prospects for private investment especially in hotels, restaurants, and tourist transport indicate certain vitality. In the last fifteen years the sector has benefited from the creation of the ministry of tourism in 2001, the investment code incentives in 2002, a better understanding of private public partnership that have led to the construction of the new Labadie duck in 2009 and the renovation of Port-Salut beach among others. In 2011, just after the earthquake, we can notice a revival of the tourism industry with the arrival of 300,000 tourists from the Haitian Diaspora, with more than 600 000 at Labadie generating revenues of more than 6 million US dollars to Haitian public treasury. Different companies have welcomed and followed the signal given by the government in the hotel industry in Port-au-Prince. For instance, Best Western constructed a seven-story hotel with 105 guest rooms, a restaurant and lounge, a full spa and a swimming pool. Additionally, the Oasis Hotel in Petion-Ville, a $45 million with 170 room hotel in the Port-auPrince area by The Marriott Group and Digicel. The International Federation of Red Cross and Red Crescent Societies bought a $10.5 million property to invest in the construction of a hotel and conference center. Since January 2012, direct flights from USA, Canada, France, Panama, Jamaica and Dominican Republic are provided by more than 10 different airlines. There are 135 flights per week to Portau-Prince providing 58.349 seats (excluding UN or charter flights). This is a big jump from 35 flights per week in 2005 or even 85 flights per week in 2008.

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2013 INVESTMENT GUIDE TO HAITI

TELECOMMUNICATION

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SECTOR OVERVIEW
Haitis government has been aware of importance of the sector and eager to improve its ICT infrastructure. The national telecommunication company (TELECO) was privatized in 2010 opening the door for private investors to tap Haitis promising market. [1] Viettel, the largest mobile telephone operator in Vietnam, won the bidding of the privatization of TELECO under cooperation with IFC. In 2010, Viettel acquired the majority of shares, transferring an initial US$ 59 million. The companys total investment amount reaches around US$ 100 million. Most of the ICT infrastructure in Haiti was severely damaged or destroyed by the earthquake in 2010. Haitis telecommunication sector is in dire need of reconstruction. However, several indicators from World Bank show that some progress had been made during 2000-2009.

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2013 INVESTMENT GUIDE TO HAITI

CONSTRUCTION
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The construction sector consists of a wide variety of products used in constructing new facilities and/or renovating existing facilities and infrastructure. The market for such products depends on the level of spending for residential as well as commercial construction and infrastructure. Haiti imports the overwhelming share of services and building materials it uses for infrastructure development and building construction. The local production as a percentage of overall fixed capital formation in the country is approximately 20 percent of total demand in this sector. Major enterprises include Acirie dHati, S.A. and GDG Beton, both of which produce concrete bricks and steel products and import lumber. Haitis substantial reconstruction needs will drive investment for the next decade. There is a tremendous need for housing (low, middle, and high-income); it is expected that residential construction for internally displaced people along with investments in the tourism sector will drive

construction in housing for the next 10 to 15 years. Haitis Private Sector Economic Forum estimates that some 400,000 new permanent housing structures will need to be built between 2012 and 2016. Haiti offers a number of competitive advantages for local production in several sub-sectors of the construction industry. An example is the production of high-volume/low-value construction and building materials for local use, which results in lower transportation costs. Other industries would benefit from being located in the proximity of an installation site. In addition, Haitis operating costs are below those of many developed and developing countries. Using metal fabrication as a proxy for the construction and building materials sector, the IFC positions Haiti in the competitive range of Mexico as regards to operating costs. These cost advantages are even greater taking into account Haitis reduced power tariffs.

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2013 INVESTMENT GUIDE TO HAITI

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WHY INVEST IN HAITI

FOR THE INVESTOR, HAITI TODAY OFFERS VALUABLE COMPETITIVE ADVANTAGES THAT MAKE IT AN ATTRACTIVE DESTINATION FOR CAPITAL. THE COUNTRY HAS A FREE-MARKET ECONOMY AND LOW-COST LABOR, A PRO-BUSINESS GOVERNMENT, AND DEMANDS FOR CAPITAL THAT WILL CONTINUE TO INCREASE IN THE FORESEEABLE FUTURE. GEORGES ANDY REN, DIRECTOR GENERAL, CFI
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2013 INVESTMENT GUIDE TO HAITI

RESONS TO INVEST IN HAITI


STRATEGIC LOCATION Due to its proximity to the US and the new business climate, Haiti has access to the U.S. $75 billion-dollar apparel market. With the signing of the Hemispheric Opportunity for Partnership Encouragement Act of 2006 (HOPE), investors have unhindered access to the largest consumer of apparel. Haiti has access to European markets with the recent signing of Economic partnership agreements relating to the suppression of tariff and non-tariff trade barriers. Haiti has access to Caribbean markets through the creation of the Caricom common market of which Haiti is a permanent member since July 2007

COMPETITIVE LABOR COSTS Haitis labor costs are the lowest in the region with US$ 0.569 per hour.

FLEXIBLE WORKFORCE Ranked 28th in Doing Business by the World Bank Group (WBG) in hiring workers category vs. 26 average OECD rank, Haitis abundant and relatively inexpensive workforce could be rapidly mobilized to serve as a backbone of high-growth sectors.

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ACCESS TO A US $75

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FAST-GROWING SECTORS Haiti offers considerable business and investment opportunities. The country is poised to attract new investments in key fast-growing sectors, such as tourism, garment, telecommunications, energy and agribusiness.

INVESTOR FRIENDLY The Investment Code was enacted by the Haitian Government in 2002 as part of its strategy to promote economic growth and development, by facilitating, liberalizing, stimulating and guaranteeing private investment. Qualified businesses may benefit from incentives, such as a tax holiday up to 15 years accompanied by an additional five years of regressive tax rate.

COMMITTED Member of WTO and co-signor of major treaties, Haiti has ratified the International Convention for Settlement of Investment Disputes (ICSID) in order to provide investors added insurance of long-term commitment to international business practice.

COUNTLESS POSSIBILITIES Haiti is the last bastion of unexplored territory in the Caribbean. From unlimited coastline, stunning mangroves and mountainous terrain, Haiti brings to investors countless possibilities.

BILLION-DOLLAR MARKET

2013 INVESTMENT GUIDE TO HAITI

INCENTIVES
Qualified businesses may benefit from a tax holiday of up to 15 years during which neither the corporation nor its distributed profits (dividends) are subject to tax withholdings. The reinstatement of those taxes following the 15-year period is done in a staggered manner, which means that after the total exemption period, partial taxation will be applied. Furthermore, certain capital investments of businesses are granted accelerated depreciation for tax purposes (Article 27). Finally, the Investment Code provides for exemption from local taxes, except the fixed professional tax (Patent) for a period, which shall not exceed 15 years (Article 27).

INVESTMENT CODE 2002


The Haitian Government enacted the Investment Code in 2002 as part of its strategy to promote economic growth and development by facilitating, liberalizing, stimulating, and guaranteeing private investments. Haitis Investment Code comprises a set of general provisions applicable to all investments, whether domestic or foreign, and provides a much more extensive set of provisions for investments qualifying for special incentives. It codifies standard protection and guarantees such as freedom to dispose of properties; freedom to engage in commercial and industrial activities within the limitations of the Constitution and commercial regulations; and protection of trademarks, patents, labels, and all other forms of intellectual property rights.

ELIGIBILITY AND APPLICATION


Incentives are available to registered start-up companies, companies that are already registered and operating in Haiti, and companies launching a new project or a new branch of activity. Companies that have previously benefited from the incentives offered in the code are eligible for expanding or modernizing their business or purchasing new equipment. A Commission of Investments composed by various ministries is responsible for granting fiscal incentives ranging from tax holidays to customs franchises. The Inter-Departmental Commission on Investments is a public body that decides on whether the benefits prescribed by the Investment Code are granted. Investors seeking to benefit from incentives must produce a request to CFI and follow in accordance with the regulations and procedures (Article 48).

SPECIFIC INCENTIVES TO THE INVESTMENT CODE


According to the Haitis Investment Code Article 19, investments can benefit from incentives in the context of this code and in addition to these, each eligible investment sector can also benefit from specific incentives.

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CFI is responsible for providing information to the public regarding procedures for granting incentives, receiving and processing applications for incentives, and transferring them to the related ministries for technical analysis of projects. CFI also tracks these requests until the Inter-Ministerial Commission on Investments makes an administrative decision. Applications forms for requesting incentives are available at CFI headquarters and at www.cfihaiti.com

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ELIGIBLE INVESTMENT SECTORS AND DESCRIPTION


EXPORT AND RE-EXPORT (EXCLUSIVELY) All business which services or products are geared towards export or re-export (Article 29)

INCENTIVES
Tax and customs duty exemption for import of material and equipment necessary for establishment and operation of business Exemption from security deposits and other constraints on temporary entry of raw and packaging materials Exemption from payroll taxes and other internal direct taxes for up to 15 years Exemption from audit charges Tax and customs duty exemption for import of material and equipment necessary for establishment and operation of business

AGRICULTURE High Sea Fishing, Industrial Aquaculture, Livestock, Horticulture, Forestry (Article 30,31) HANDICRAFTS Sculpture, paintings, iron works, wood works, pottery, embroidery, tannery, spinning and weaving, printing, tapestry, printing on fabric (Article 32, 33)

Exemption from Customs Tariff Code security deposit for temporary entry imports Exemption from payroll taxes and other internal direct taxes for up to 15 years Tax and customs duty exemption for import of material and equipment necessary for establishment and operation of business Exemption from Customs Tariff Code security deposit for temporary entry imports Exemption from payroll taxes and other internal direct taxes for up to 15 years Sales tax exemption for industrial businesses that export part of production or sell production to an export company Tax and customs duty exemption for import of material and equipment necessary for establishment and operation of business Exemption from Customs Tariff Code security deposit for temporary entry imports Exemption from individual income taxes for revenue generated by the investment, in accordance with provisions of clauses 26-27 of Code Exemption from Real Estate Property taxes up to 10 years on buildings open to public or part of national heritage Government-owned land leasable for up to 50 years (Article 39

NATIONAL INDUSTRY Transformation of raw material of local or foreign origin into value-added product and at least 35% aimed at local consumption; excludes packaging of foreign products sold in local market (Article 34, 35, 36)

TOURISM AND RELATED SERVICES Construction, operation, commercial use of tourist zones; transportation, accommodation, private ports, amusement parks, zoos, botanical gardens, convention centers, theaters, conference halls, exhibition centers, therapeutic/spa, tourism training centers; other investments (Article 37, 38, 39)

FOREIGN TRADE ZONES Promoters, operators and users of foreign trade zones (physical persons or corporate bodies) entitled to benefits in Code plus fiscal and customs benefits in law on foreign trade zones (Article 40) SPECIAL ARRANGEMENTS/OTHER SECTORS People or Corporate figures who submit qualifications and financial guarantees; Particular collective interest in business because of investment size required, high priority attributed to realization or strategic nature of the field (Article 41) Determined by Inter-Ministerial Commission on Investments on case-by-case basis Determined by Inter-Ministerial Commission on Investments

TYPES

MAIN CHARACTERISTICS

MINIMUM NUMBER OF FOUNDERS


Three shareholders, one of wich must be Haitian national

MINIMUM AMOUNT OF INITIAL CAPITAL


Commercial companies require HTG 25,000. One quarter of total amount (HTG 6,250) must be deposited at time of registration Industrial companies HTG 100,000. One quarter of total amount (HTG 25,00) must be deposited at the time of company registration

The most common business LIMITED structure in Haiti LIABILITY The LLCs obligations are CORPORATION

secured by its subscribed capital and subscribers are obligated only up to their individually subscribed capital Haitian commercial code states that all officers on the Board of Directors of a Limited Liability Corporation must also be shareholders The only entity allowed under current Haitian Commerce Code that provides full sheltering of personal assets of its owners Partners are jointly and indefinitely liable for the debts of the business

GENERAL PARTNERSHIP

Two

No legally established minimum capital requirement for registering for general partnership, however, common practice at the Ministry of Commerce sets a requirement of HTG 5,000

LIMITED PARTNERSHIP

The managing partners of the firm have the same unlimited, individual, joint and collective liability as the members of general partnership The investor who does not participate in management and whose liability for the business debts is limited to their direct investment in the firm A company may decide to create a branch in Haiti regardless of its legal form. As such, a branch could be created for General Partnership, Limited Partnership, or Limited Liability Corporation To register a branch, the first step is legalization of the entire legal documents proving the legal existence of the company at the closest Haitian consulate, followed by legalization at the Ministry of Foreign Affairs in Haiti If a foreign investor chooses to set up a branch of a foreign company, this branch will share the legal personality

Two

No minimum

BRANCH OF FOREIGN COMPANY

Not Applicable

No minimum

2013 INVESTMENT GUIDE TO HAITI

HOW TO INVEST
ESTABLISHING BUSINESS STEP BY STEP
COMPLIANCE

Compliance forms are available at the Center for the Facilitation of Investments. A request is addressed to the Minister of Commerce and Industry (MCI), and presented by the attorney together with necessary documents to the Legal Department of MCI. Proof of receipt at MCI will be available at CFI office as well.

ACCEPTANCE

Analysis of the file at MCI Legal Department can take up to four business days. During this time, the applying investor can keep updated by contacting CFI sector focal point. Keep in mind that government offices close for Haitian holidays. Check with CFI if you experience any unexpected delays.

COVERAGE IN PRESS

The MCI will transfer the by-laws and company documentation to the national press, Le Moniteur, for publication. The journal is published monthly so 30 days may be required waiting period. Payment for publication is required, and express services double the cost.

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REGISTRATION OF YOUR COMPANY TRADE NAME


The first step to establish a company is to check the availability of the name chosen. It is important to go directly to the Ministry of Commerce and Industry to check

the availability of the name in the Registry. For an Individual Company the registration of the commercial name is the main procedure. For all the others the name chosen is incorporated in the bylaws and other legal documents after verification. If the company is willing to use another commercial name besides its company name, it will

follow the same procedure as the one used for the individual company. Due to the exposure to potential liabilities, most foreign investors create a subsidiary in Haiti by participating in a Limited Liability Corporation. Others choose to work directly with or do business through already existing subcontractors.

INDUSTRIAL PARKS AND FREE ZONES


Propelled by private-sector-led development, industrial parks serve as islands of excellence for particular industries. Investors have realized the benefits that can be gained from concentrating companies from related sectors and vertically linked industries in one location. Numerous benefits contribute to businesses lower operational costs in

industrial parks, among them: lower transportation costs due to the proximity to cities, ports and larger cargo shipments; cheaper sources of energy and water; availability of fully serviced sites with facilities for sale or lease (e.g., standard factory buildings); and accessibility to storage and warehouse facilities. Moreover, Haitian authorities seek to provide investors with a number of advantages that include efficient government supervision of enterprises; provision of off-site infrastructure, such as access roads and internal

roads, power grid, telecommunications systems, drinking water supply and sewage disposal, and essential services such as banks, post offices, health services, and fire safety; improved environmental controls; and increased supply and sub-contracting relationships among industries. Free Zones are industrial parks with free zone status. A free zone is a portion of land that is clearly delimited and entirely fenced in to create an enclave. Within the enclave, the General Customs Administration supervises a special customs and tax system.

GOOD STANDING

IDENTIFICATION

CONFIRMATION

The Direction Gnral des Impts (DGI) is the national tax administration office. Operational statements and payments are remitted monthly or annually. Maintaining good standing with DGI is essential for operating in all sectors of business in Haiti.

Procuring a Carte dIdentit Professionalle (professional ID card) is necessary for all visitors who operate in Haiti. The card can be obtained at the MCI by filing an application and paying the related fees

Obtain the receipt for the companys payment of taxes by visiting the DGI (national tax administration office). This is your only official receipt of proof of payment in Haiti.

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ABOUT HAITI

2013 INVESTMENT GUIDE TO HAITI

HISTORY The Treaty of Ryswick in 1697, between France and Spain, led to France to control the western third of Hispaniola now known as Haiti. The French colony was the jewel of the Caribbean due to its agricultural productivity and sugar industry. By 1791, the slave population, providing the workforce for the sugar industry, revolted under the leadership of Toussaint Louverture. After a prolonged struggle of 13 years, the worlds first black republic declared independence in 1804.

POLITICS Based on the amended 1987 Constitution, Haitis present political framework calls for three independent branches of Government and a semi-presidential republic. The President of Haiti is the head of state-elected directly by popular elections for a five-year term. The Prime Minister is appointed by the President and acts as the head of government. The President and Prime Minister delegate power to their departments without a constitutional need for consent.

STRUCTURE OF GOVERNMENT

EXECUTIVE BRANCH
Head of State: President Michel Joseph Martelly Head of Government: Prime Minister Laurent Salvador Lamothe Cabinet: Chosen by the Prime Minister in consultation with the President

LEGISLATIVE BRANCH
Bicameral National Assembly Senate: 30 seats Congress: 99 seats

JURIDICAL BRANCH
Supreme Court Court of Appeal Civil Court Justice of Peace

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GDP GROWING SINCE JANUARY 2010 EARTHQUAKE


7 6 5 4 3 2 1 0 -1 -2 -3 -4 -5 -6 Jan/04 Jan/06 Jan/08 Jan/10 -3.5 -5.4 Jan/12
SOURCE: BANQUE DE LA REPUBLIQUE DHAITI

5.6

3.3 2.3 1.8 0.4 0.8 2.9 2.8

SINCE THE JANUARY 2010 EARTHQUAKE, HAITIS ECONOMY HAS GROWN TREMENDOUSLY, WITH ITS GDP FIGURE JUMPING TO 6 PERCENT IN 2011 AS A RESULT OF THE NUMEROUS INVESTMENTS AND EFFORTS TO REBUILD THE COUNTRY. IT SUSTAINED GROWTH AT 3 PERCENT IN 2012, A CLEAR INDICATION THAT THE RECONSTRUCTION PROCESSFAVORS INVESTMENT OPPORTUNITIES.

ECONOMIC POLICY
Since the January 2010 earthquake, the Haitian Government transitioned from emergency relief to sustainable recovery and growth. As such, it recognizes the need for long-term, substantial targeted support to move Haiti onto a path of sustained development that promises economic growth. The Haitian Government aims to achieve this transition through a comprehen-

sive set of measures to foster long-term growth and reduce poverty, which are set forth in its post-earthquake Action Plan for National Recovery and Development of Haiti. The plan envisions recovery as a decade-long process; it underscores the need to create development poles to decentralize economic activity, and emphasizes the importance of increasing access to basic social services and strengthening state institutions. The action plan is congruent with the governments

objective to achieve substantive progress on five priority issues (or the 5 Es), namely: (1) Rule of law (tat de Droit) with improved enforcement achieved through increased capacity of public administration; (2) Education for all; (3) Employment, through the construction of key basic infrastructure and creation of a business-friendly framework; (4) Environment, including environmental rehabilitation and land tenure; and (5) Energy.

2013 INVESTMENT GUIDE TO HAITI

RECENT IMPORT-EXPORT FIGURES


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WITH FREE MARKET ACCESS TO EUROPE AND CANADA FOR ALL GOODS AND TO THE UNITED STATES FOR CERTAIN GARMENT PRODUCTS, HAITI REPRESENTS A STATEGIC PLATFORM FOR EXPORT
OUR OBJECTIVE IS TO IMPROVE AND GROW OUR BUSINESS ON A CONSISTENT AND PROFITABLE BASIS, IN ORDER TO DELIVER SUSTAINABLE LONG TERM VALUE FOR BOTH OUR RETAIL PARTNERS AND SHAREHOLDERS. CONTINUED PROGRESS WAS ACHIEVED IN 2012, DESPITE VERY DIFFICULT ECONOMIC CONDITIONS, AND OUR ENTRY INTO THE FASTER THE GROUP.
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2013 INVESTMENT GUIDE TO HAITI

TOP IMPORT/EXPORT
IMPORT The countrys exports for the year 2009
stood at $524 million, as compared to $490 million in 2008. The major items exported by Haiti include apparel, oil, cocoa, coffee, and mangoes. Nearly 70 percent of these exports are destined to the United States with another 9 percent going to the Dominican Republic and 3 percent to Canada. Cotton apparel, clothes made from wool, and household goods dominate Haitis exports to the US.

EXPORT Haitis imports

have declined marginally from $2.107 billion in 2008 to $2.023 billion in 2009. Major items being imported by Haiti are food, manufactured goods, machinery and transport equipment, fuel and raw materials. The US is Haitis biggest import partner and accounts for over 30% of Haitis imports. Haitis other import partners are the Dominican Republic at 23.3%, Netherlands Antilles at 10.6% and China at 4.5%, according to the 2008 estimates. Rice and wheat, along with other food items, constitute the main items of import from the US.

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List of products exported by Haiti Product label apparel and accesories 72 33 74 8 18 3 85 76 9 99 22 83 41 39 95 29 42 48 65 Exported value in 2010 Exported value in 2011 44,082 19,486 7,081 14,965 7,493 11,175 5,482 1,914 2,774 5,273 3,299 2,126 1,071 760 723 83 1,783 1,212 831 Exported value in 2012 21,050 16,111 13,441 13,297

Iron and steel 17,950 Essential oils, perfumes, cosmetics, toileteries 21,483 Copper and articles thereof 1,671 Edible fruit, nuts, peel of citrus fruit, melons 10,742 Cocoa and cocoa preparations 13,892 Fish, crustaceans, molluscs, aquatic invertebrates nes 7,459 Electrical, electronic equipment 6,619 Aluminium and articles thereof 2,714 Coffee, tea, mate and spices 1,897 Commodities not elsewhere specified 4,486 Beverages, spirits and vinegar 2,037 Miscellaneous articles of base metal 1,527 Raw hides and skins (other than furskins) and leather 221 Plastics and articles thereof 292 Toys, games, sports requisites 822 Organic chemicals 143 Articles of leather, animal gut, harness, travel goods 1,751 Paper and paperboard, articles of pulp, paper and board 764 Headgear and parts thereof 157

9,029 8,799 5,743 3,803 3,727 3,426 3,135 2,753 2,594 2,163 1,536 1,524 1,516 1,250 1,142

Haitis top 20 Imports for the period 2010 -2012

400,000

300,000

200,000

100,000

Imported value in 2010

Imported value in 2011

Imported value in 2012


List of products imported by Haiti

99 10 52 61 85 87 39 15 84 17 72 4 2 11 19 21 25 27 94 34 48

Product label Commodities not elsewhere specified Cereals Cotton Articles of apparel, accessories, knit or crochet Electrical, electronic equipment Vehicles other than railway, tramway Plastics and articles thereof Animal,vegetable fats and oils, cleavage products, etc Machinery, nuclear reactors, boilers, etc Sugars and sugar confectionery Iron and steel Dairy products, eggs, honey, edible animal product nes Meat and edible meat offal Milling products, malt, starches, inulin, wheat gluten Cereal, flour, starch, milk preparations and products Miscellaneous edible preparations Salt, sulphur, earth, stone, plaster, lime and cement Mineral fuels, oils, distillation products, etc Furniture, lighting, signs, prefabricated buildings Soaps, lubricants, waxes, candles, modelling pastes Paper and paperboard, articles of pulp, paper and board

Imported value in 2010 398,661 209,335 198,408 121,420 205,750 202,649 107,458 129,396 166,568 102,930 75,825 63,355 62,201 90,114 97,910 73,526 45,337 38,212 54,882 36,928 40,152

Imported value in 2011 323,930 237,088 232,608 151,086 324,530 184,699 139,140 164,829 137,352 85,497 115,019 84,402 84,388 127,964 81,325 69,467 63,617 46,007 47,625 45,480 51,913

Imported value in 2012 366,705 238,667 219,726 156,908 155,038 136,162 123,968 123,860 105,117 93,321 92,114 89,359 88,600 85,227 80,977 70,310 62,329 61,195 53,324 46,942 45,936

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2013 INVESTMENT GUIDE TO HAITI

KEY MACROECONOMIC INDICATORS

The World Bank predicts that Haitis economy will grow by 4.2 percent in 2014, which would be the second-highest growth rate in the region, following Guyana. This expansion will be driven mostly by reconstruction operations and the countrys economic stability, which is providing the confidence needed for investors to commit new capital in growing sectors.

THE CENTRAL BANK HAS PLAYED AN ACCOMMODATING ROLE IN FACILITATING ECONOMIC GROWTH, WHILE KEEPING INFLATION IN SINGLE FIGURES. FOLLOWING THE 2010 EARTHQUAKE, THE COUNTRY RECEIVED LARGE AID INFLOWS AND REMITTANCES. THIS HAD A POSITIVE EFFECT ON THE EXCHANGE RATE. IN THIS CONTEXT, THE BRHS INTERVENTIONS HELPED AVOID EXCESSIVE APPRECIATION IN THE REAL EXCHANGE RATE, REDUCE VOLATILITY IN THE EXCHANGE RATE, AND PRESERVE MACROECONOMIC STABILITY. THE CENTRAL BANK HAS MAINTAINED THE COUNTRYS EXTERNAL POSITION AT AN ADEQUATE LEVEL OF INTERNATIONAL RESERVES. THE BRH BOND RATE HAS REMAINED LOW IN AN EFFORT TO BUTTRESS ECONOMIC GROWTH. COMMERCIAL BANK CREDIT HAS INCREASED RAPIDLY BY 30 PERCENT IN 2011 AND 32.5 PERCENT IN 2012, BUT REMAINS BELOW THE LEVEL OF LICS (LOW INCOME COUNTRIES) RELATIVE TO GDP. ANOTHER KEY CONTRIBUTING FACTOR TO MACROECONOMIC STABILITY IS THE FISCAL DISCIPLINE WE HAVE BEEN ENJOYING SINCE 2004, AS WELL AS NO RECOURSE TO MONETARY FINANCING.
Mr. Charles Castel Governor Banque de la Rpublique dHati (BRH)

FISCAL REFORM
The general and specific objectives supported by the Secretary of State for Tax Reform, include among : Making the administration more efficient for a more autonomous budget; Dematerializing operational procedures by September 2014; Reinforcing the existing legal and regulatory framework; Building a development-focused working environment.
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For his part, President Martelly believes that the fiscal reform, as he conceives it, must allow the State to: More effectively mobilize domestic resources; Revise the rates of direct and indirect taxation; Decentralize fiscal services offered by the tax authorities (DGI) in order to increase the tax base.

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OUR VISION IS TO PROVIDE THE COUNTRY WITH A MODERN TAX ADMINISTRATION, WHICH IS EFFICIENT, TRANSPARENT, AND FLEXIBLE AND WELCOMES POTENTIAL INVESTORS. THE TAX CODE MUST STRESS ETHICAL VALUES, PROFESSIONALISM AND FAIRNESS IN ORDER TO ENSURE THAT IT HAS THE CONFIDENCE OF THE ECONOMIC AGENTS.
MR. RONALD DCEMBRE SECRETARY OF STATE FOR FISCAL REFORM

FISCAL REVENUES HAVE BEEN INCREASING SINCE 2011

FISCAL REFORM WILL SIGNIFICANTLY REDUCE DEPENDANCE ON FOREIGN AID MONEY


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2013 INVESTMENT GUIDE TO HAITI

LEGAL INFORMATION

THE HAITIAN TAX SYSTEM With very few exceptions, Haitian and foreign companies operating in Haiti are subject to the same tax regulations and must pay the same taxes, regardless of their line of business. FISCAL FRAMEWORK Haitis main tax legal normative consists of the Corporate Revenue Tax Law (1982), Payroll Tax Act (1988), Decree on Customs Code (1987), Decree on Tax ID Card (2005), Decree on License (Patent) (1987), Income Tax Law (1986), the Law on Stamps (1978), and Tax on the Turnover Law (2003). The fiscal year runs from October 1 through September 30. JUDICIAL SYSTEM Haitis judicial system is based on French civil law system; it therefore resembles French law in structure and codification. The countrys Civil Code, Criminal Code, Commercial Code, Code of Civil Prowww.cfihaiti.com

cedure, and Code of Criminal Procedure are the main sources of law, and French doctrine and jurisprudence are considered the basis for the interpretation of the law. There are four tiers in Haitis ordinary judicial system: the Supreme Court, the courts of appeal, the courts of first instance, and the justices of the peace. LEGAL FRAMEWORK Haitis legal system is based on the Napoleonic Code, in which the legal framework consists of all national laws, rules, and regulations and all international or bilateral treaties that have been signed and ratified by the government. The Code of Commerce sets forth the general provisions that regulate the business environment, including rules pertaining to corporate entities, the separation of assets, sales of goods, notes, statute of frauds, and prescriptions. There are four tiers in Haitis ordinary judicial system: the Supreme Court, the courts of appeal, the courts of first instance, and the justices of the peace.

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Corporate taxes amount to 30 percent of profits; personal income taxes vary between 10 percent and 30 percent, depending on the individuals income bracket. Investors can benefit from substantial tax exemptions and reductions for key sectors and investments under the Investment Code. Note that while a Haitian Limited Liability Corporation can accrue profits for five years, a Foreign Companys profits are considered distributed every year and taxed accordingly at 20 percent unless reinvested in the country. All employers are subject to the following law: All employers are required to respect the minimum wage. The minimum wage is 200 gourdes but not for middle management and high skilled labor. All employers are required to register their employees to the State Tax Income Office (DGI) without exception, may it be temporary or otherwise. All employers are required to respect minimum health and safety regulations All employers are required to contribute to: Social Security (ONA), Workers Compensation and Accidental Coverage Investors are free to hire foreign employees subject to a working permit issued by the Ministry of Labor

ARBITRATION The Haitian Chamber of Conciliation and Arbitration (CCAH) facilitates commercial transactions by providing merchants with fast and inexpensive dispute resolution mechanisms. Access to CCAHs services is not restricted to merchants. Every business entity can enter into CCAHs jurisdiction by inserting into contracts an arbitration clause to that effect. CCAHs alternative dispute resolution mechanisms are faster, more efficient, and less expensive than the ordinary judicial system. Disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of a contract, shall be submitted to mediation and end, or shall be submitted to arbitration under the CCAH mediation rules.

CUSTOMS PROCEDURES Local importers and exporters must obtain a professional identity card issued by the Ministry of Trade and Industry for an annual fee of 50 HTG. Before the professional identity card is issued, importers and local producers must obtain a tax registration card and an occupation tax certificate. The tax registration card is issued by the Direction Gnrale des Impts for an annual fee of 300 HTG for individuals and 600 HTG for legal entities or companies. The occupation tax consists of a fixed and a variable levy. The fixed levy depends on the sector of economic activity and the group belonging to which the commune where the activity is carried out. All imports require a customs declaration showing the customs regime to which the good is subject.

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2013 INVESTMENT GUIDE TO HAITI

DOCUMENTS TO BE PROVIDED BY IMPORTERS/ EXPORTERS

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In order to avoid delays at customs, importers/exporters must have one original and three copies of a commercial invoice. The invoice must be prinyted on company letterhead that contains the firms complete address and telephone number. All other types of invoices could cause shipments to be delayed in customs. An original and a copy of the invoice, both signed as originals, are required for all international shipments.

The commercial invoice must specify: Complete name and address information of both shipper and consignee; Phone numbers of both shipper and consignee; Terms of Sale (Incoterm); Reason for export; A complete description of the item What is the item used for? Harmonized tariff codes, if known; country of origin (where manufactured) for each item; Number of units, unit value, and total value (purchase price) of each item; Number of packages and total weight; Shippers signature and date; A nominal or fair market value for items of no commercial value.

The Bill of Lading must include: Name of the vessel (sea freight); Identification number (air freight); Name of the shipping company; Port of origin; Port of destination; Complete manifest of the cargo and the volume on which the freight calculation was based. Nature of the merchandise (not necessary if the merchandise is in bulk).

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2013 INVESTMENT GUIDE TO HAITI

REGULATION INSTITUTIONS

Banking Regulation and Supervision Agency


The Banking Regulation and Supervision Agency is the Central Bank of Haiti (BRH). Its role is to safeguard the rights and benefits of depositors, prevent operations and transactions that may risk the orderly and safe operation of banks or that may harm the economy, and facilitate the efficiency of the credit system. The Central Banks supervisory capacity ensures that commercial banks operate in accordance with internationally accepted standards.
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National Council of Telecommunication


The National Council of Telecommunication undertakes the regulation, authorization, reconciliation, and supervision of activities within the telecommunication market.

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National Commission on Public Procurement

This National Commission on Procurement controls and monitors all activities relating to procurement in accordance with the standards and procedures established by the decree.

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2013 INVESTMENT GUIDE TO HAITI

INTERNATIONAL INSTITUTIONS

MULTILATERAL INVESTMENT GUARANTEE AGENCY


The Haitian government ratified and completed its accession to the World Banks Multilateral Investment Guarantee Agency (MIGA), which now operates in Haiti. MIGA guarantees investments against non-commercial risks and can help investors obtain access to funding sources with improved financial terms and conditions. Since its inception in 1988, MIGA has issued more than US $24 billion in political risk insurance for projects in a wide variety of sectors in all regions of the world.

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INTERNATIONAL CONVENTION FOR SETTLEMENT OF INVESTMENT DISPUTES


Litigations are submitted to the Haitian court. However, if provisions for international or national arbitration are found, then different procedures are to be followed. Arbitration is encouraged to avoid the lengthy time required by national court procedures. The Haitian Arbitration and Conciliation Chamber provide mechanisms for conciliation and arbitration in cases of private commercial disputes. On October 27, 2009, Haiti deposited with the International Bank for Reconstruction and Development (the World Bank) an Instrument of Ratification of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). Pursuant to Article 75 of the ICSID Convention, the World Bank notified all ICSID Convention signatory States of Haitis ratification, and in accordance with its Article 68(2), the Convention entered into force on November 26, 2009. Its benefits rely on the fact that foreign investors can enforce claims directly against respondent states without exhausting local remedies or seeking state permission. As an impartial forum for investors and states, the institution created a stable legal environment to secure expectations for both parties. Haiti accepts compulsory jurisdiction of the International Court of Justice on questions of international law and of the Caribbean Court of Justice on settlement of trade disputes within CARICOM.

TRADE AND INTERNATIONAL AGREEMENTS


The Republic of Haiti joined the World Trade Organization (WTO) in 1996, and is still in the process of harmonizing its legislation and regulations with the legal framework of the multilateral trade agreements. Haiti uses WTO agreements as its legal reference in the event of disagreements with trading partners in matters such as rules of origin, subsidies and countervailing measures, dumping, safeguards, technical barriers to trade, and sanitary regulations. Haiti is also a member of the World Bank, the International Center for Settlement of Investment Disputes, the Multilateral Investment Guarantee Agency, the IDB, the International Monetary Fund, and a number of United Nations agencies such as the United Nations Development Program, the International Labour Organization, the Food and Agriculture Organization, the United Nations Industrial Development Organization, and the World Intellectual Property Organization.

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2013 INVESTMENT GUIDE TO HAITI

OPEN FOR BUSINESS

BILATERAL INVESTMENT TREATIES


Investment protection guarantees provided by Haitis 1987 Constitution and the countrys Investment Code have been strengthened by bilateral investment protection treaties it has signed with the US, France, Great Britain and Germany.

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BILATERAL TRADE AGREEMENTS HAITI AND THE CARIBBEAN Haiti has concluded bilateral trade agreements with Haiti was accepted as the 15th Member State of
the following countries:

HAITI AND THE UNITED STATES The agreement covers semi-manufactured or man-

ufactured, chemical, agricultural fishing, and industrial products. Agreements signed between Haiti and the US, including the Hope I and HOPE II acts, allow duty-free treatment for knit, knit-to-shape, and certain non-apparel textile goods wholly assembled in Haiti. The Help Act expands existing preferences for apparel and establishes new preferences for certain non-apparel textile goods. In addition, Haiti is a beneficiary of the US-Caribbean Basin Trade Partnership Act (CBTPA) that provides participating countries with duty-free access to the US market for most goods grown and manufactured in Haiti. The CBTPA entered into force on October 1, 2000 and remains in effect until September 30, 2020.

the Caribbean Community (CARICOM) by the Conference of Heads of State and Government of the region in July 1999. Its final accession to this economic integration body was ratified by the Haitian Parliament on May 13, 2002. The treaty expanded the areas for integration to create a single market and economy for the region with free movement of goods, services, and production factors. The treaty also provides for the harmonization of laws and regulations governing economic activities of Member States. Haiti negotiated a 10-year status as a less developed country prior to full integration into CARICOM. Haiti is bound by the CARICOM rules or origin and content requirements set forth in the treaty. In order for a firm to be eligible for one of the concession regimes of the CARICOM Customs Code, at least 35% of raw materials, intermediate products, supplies, and other components used to produce and present the products must be of Haitian origin. Firms producing goods that have not yet been produced in Haiti, or goods replacing previously imported products, are eligible for the concession regimes in the Customs Code, provided that the national component is at least 60% of the overall production cost. Other firms that may benefit from these concession regimes are those which manufacture products made by treating or processing raw materials of national origin that have not yet been used for industrial purposes. Starting January 1, 2013, Haiti assumed the presidency of CARICOM for a period of six months. Haiti is also a member of the Association of the Caribbean States (ACS) and the Caribbean Forum (CARIFORUM). with the exception of milk, eggs, and poultry. This agreement sets no quota limitations.

HAITI AND CANADA General Preferential Tariff and Least Developed

Country Tariff Rules of Origin Regulations signed with Canada provide all Haitian imports a duty-free access, with the exception of milk, eggs, and poultry. This agreement sets no quota limitations.

HAITI AND THE EUROPEAN UNION The Economic Partnership Agreement with the Eu-

ropean Union covers trade in goods and services, investment, trade-related issues such as innovation and intellectual property, and development cooperation assistance.

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2013 INVESTMENT GUIDE TO HAITI

PRIVATE SECTOR ASSOCIATIONS

WWW.ADIH.HT
For the past 20 years, the Association of Haitian Industries has been one of the most dynamic business associations in Haiti. Today, it has close to a hundred member companies operating in all the sectors of production of goods and services.
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WWW.CCIH.ORG.HT
CCIH is the national Chamber of Commerce that consist of the 10 Chambers of commerce from the 10 geographical departments of the country.

WWW.FESP.HT
Economic Forums mission is to defend and protect the interests of all sectors of the Haitian economy and, in particular, to promote coordinated economic policies to promote the economic development of Haiti.

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COMING TO HAITI

IN ORDER TO STAY FOR MORE THAN THREE MONTHS, ALL TOURISTS MUST OBTAIN A RESIDENCE PERMIT.

VISAS REQUIREMENTS

The procedures for entering Haiti are simple. A valid passport is mandatory. Visas are only required for citizens of the Dominican Republic, China, Colombia, and Panama who are not holders of an American, Canadian, European visa, residence card or passport. Tourists can stay in Haiti for a maximum of 90 days. In order to stay for more than three months, all tourists, foreign nationals or investors must obtain a residence permit from the Immigration and Emigration Services. However, this rule does not apply to Haitian nationals.

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In 2012, our networks made significant progress in the mobile broadband industry.
The country code for Haiti is 509. The first digit indicates whether it is a landline (2) or a mobile phone (3 & 4).

ACCOMMODATIONS
RENTING Haiti has a tradition of hospitality and is very open to newcomers. There is a large variety of property to choose from, although this varies depending on the area. There is a good choice of rental properties in Pacot, Bourdon, Delmas, Tabarre, Ption-Ville, Laboule, Pelerin, Thomassin, Furcy, and Kenskoff. Rental prices are fixed depending on the neighborhood. It varies from monthly US $200 to $2,500 per apartment and US $500 to $3,000 and higher if furnished. There are real estate agents throughout Haiti who can help you in your search. HOTELS Numerous hotels and bed and breakfasts throughout Port-au-Prince, primarily in Ption-Ville, one of the suburbs of the capital, offer a full range of services, including Internet, meeting rooms, outdoor pools, spa, and fitness centers. Reservations can be made by telephone, fax, or e-mail. TELECOMMUNICATIONS AND INTERNET ACCESS The country code for Haiti is 509. The first digit indicates whether it is a landline (2) or a mobile phone (3 & 4). Cellular telephones are available for rent. Natcom and Digicel have booths at the airport and stores throughout the capital. Major hotels offer wireless Internet access in public areas and in rooms. Cyber cafes and hotspots are also widely available. BANKING It is advised to convert your home currency into USD before coming to Haiti. Local and international banks have an extensive urban coverage. A limited number of ATMs are available. Visa, Mastercard and American Express are accepted in most tourist establishments. Cash advance is available at some banks and ATMs. For local commercial banks please contact: Unibank, Sogebank, BNC , Capital Bank, Scotiabank, Citi. TRANSPORTATION Private taxis and car rentals are available for transport. The major car rental agencies located in Portau-Prince include Hertz, Avis, Budget, Dollar, and Secom. Air travel is possible from Port-au-Prince to many of the provinces, such as Cap-Haitien, Jrmie, Les Cayes, and Port-de-Paix. HEALTH Doctors and hospitals often expect immediate cash payment for health care services. U.S. medical insurance is not always valid or accepted. Travelers should confirm the validity of their insurance coverage before living their country. Hotels have a list of private doctors available for emergencies. Private hospitals offer better services than public hospitals. Air ambulances may be required for cases requiring transportation to facilities in the region. Drugstores and pharmacies are available. According to crime rate data, Haiti has a low crime rate compared to other countries in the Caribbean. INSURANCE SERVICES There are two types of insurance systems: private and public. The Office of Accidental Insurance and Workers Compensation and Maternity (OFATMA) is a government agency that deals with public insurance for workers protection against accidents, sickness and workers maternity leave. Private insurance is covered by private firms that offer coverage for multiple cases such as death, sickness, theft, fire, etc.

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2013 INVESTMENT GUIDE TO HAITI

FDI INCREASE IN LAST FOUR YEARS:66.7%

www.cfihaiti.com

The CFI is the first port of call for foreign investors interested in Haiti. Because of this, we have put a lot of work into improving our website, and providing up to date information on the economy, as well as the business climate. Information is key, and we are continually improving the quantity and quality of information that we provide. In recognition of this effort, the CFI has recently received a best-performance ranking from the World Banks investment index, which improved our grade by 37 % to 85 %. While there is still room for improvement, we are ahead of the regional average of 69 %.

GEORGES ANDY REN, DIRECTOR GENERAL, CFI

CENTER FOR FACILITATION OF INVESTMENTS


ABOUT US As the National investment promotion agency, the Centre for Facilitation of Investments (CFI) was established on January 31, 2006 by a presidential decree, and created as a result of a public and private sector partnership reflected in its mixed board structure in response to the need to simplify regulations and procedures to increase economic activities in the country. The CFI acts as the Interministerial Commission on Investments Secretariat and the National Council of Free Zones Secretariat providing administrative support and technical assistance. The CFI is also involved in the Caribbean Association of Investment Promotion Agencies (CAIPA) along with 19 other Investment Promotion Agencies throughout the Caribbean and acts as a Director on the Board of the Association. MISSION The CFIs mission is to promote and facilitate the development of private investments in Haiti by implementing strategies and active policies, and by providing a business-oriented approach, for Haitians and foreigners, throughout the investment process. In other words, the CFI facilitates incoming investments, promotes and supports investments growth, concretizes business opportunities, expedites administrative procedures for new and existing businesses, and provides technical advice. The CFI also seeks to promote Haitis strengths, assets, and key investment sectors. It also provides efficient administrative support to Haitian and foreign investors while taking into account their information needs, and identifying as well as implementing solutions to their challenges, throughout the investment process.

CFI

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2013 INVESTMENT GUIDE TO HAITI

EXPLORE INVEST ACHEIVE


OUR SERVICES

YOUR ONE-STOP-SHOP FOR INVESTMENTS


SUPPORTING FOREIGN INVESTMENTS AND INVESTORS BEFORE, DURING, AND AFTER THE INVESTMENT PROCESS ASSISTING LOCAL BUSINESSES TO FIND FOREIGN PARTNERS AND EXPLORE NEW MARKETS PROVIDING INFORMATION ON BUSINESS OPPORTUNITIES GUIDING ON SETTING UP BUSINESSES INTRODUCING TO HAITIAN BUSINESSES AND AUTHORITIES FOR INVESTORS ADVISING ON MARKET ENTRY IDENTIFYING PARTNERS
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STRUCTURE
The CFI, an independent government agency under the Ministry of Trade and Industry, is structured as follows: Administrative and Financial Department Investment Facilitation Department Studies and Business Information Department Investment Promotion Department Communications Department CFIS BOARD The CFI consists of a Board of Directors presided by the Ministry of Trade and Industry, an Advisory Council and a Directorate-General. THE BOARD OF DIRECTORS Public Representatives: Minister of Trade and Industry, Chairman of the Board of Directors Minister of Economy and Finance, Vice-Chairman Minister of Tourism Minister of Agriculture, Natural Resources and Rural Development Minister of Public Works, Transport & Communications Private Sector Representatives: The President of the Chamber of Commerce and Industry of Haiti, Second Vice-Chairman The President of the Tourist Association of Haiti (ATH) The President of the Association of Industries of Haiti (ADIH) The President of the Association of Free Zones The President of the Regional Chamber of Commerce ADVISORY COUNCIL The CEO of the Bank of the Republic of Haiti The Director General of the Ministry of Economy and Finance The Director General of the Ministry of Trade and Industry The Director General of the Tax Income Office The Director General of the National Port Authority The Director General of the National Telecommunication Council of Haiti The Director General of the Customs Office The Director General of the Central Metropolitan Water Supply The Director General of Electricity of Haiti The Director General of the Haitian Institute for Statistics and Information

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2013 INVESTMENT GUIDE TO HAITI

FACT SHEET
Publication: 2013 Investment Guide to Haiti Date: October 2013 Agency: Orbite S.A. Publisher: Center for the Facilitation of Investments Director General: Georges Andy Ren Director of Promotion: Thierry Bijou EDITORIAL CREDIT: Project Manager: Thierry Bijou Creative Directors: Lev Bouillon / Marjorie Carvonis / Thierry Bijou Editors: Joshua Jakobitz / Jean Pierre Mangones / Maud Dupiton Contributors: Gina Coles / Marjorie Carvonis Graphic Designer: Ingrid N. Francois Photographers: Thierry Bijou / Patrick Romulus Research Assistants: Mario Thelusme / Ronald Brisa

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Hati is Open for Business

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