Center for Facilitation of Investments Investor Pack 1

INVESTOR
PACK

CENTER FOR FACILITATION OF INVESTMENTS

CENTRE DE FACILITATION DES INVESTISSEMENTS
CONTENTS
INVESTING IN HAITI 5

STARTING A BUSINESS 5

OPENING A BANK ACCOUNT IN HAITI 8

LABOR CONSIDERATIONS 9

PAYING TAXES 10

INVESTMENT INCENTIVES 11

HAITIAN INVESTMENT
CODE PRIVILEGES 12

FREE ZONES 15

INDUSTRIAL PARKS 16

CUSTOMS REGULATIONS 17

DOING BUSINESS IN HAITI 19

ENTERING HAITI 19

LIVING IN HAITI 21

EDUCATION 22

LEGAL POINTERS FOR THE FOREIGN

INVESTOR IN HAITI 24

Norma Powell
Director General
norma.powell@cfihaiti.com

Marcus BOEREAU
Director of Facilitation
marcus.boereau@cfihaiti.com

Jane Kéren MARCELLUS

Deputy Director of Facilitation
keren.marcellus@cfihaiti.com

Address: 116, Ave Jean-Paul II

Turgeau, Port-au-Prince, Haiti
Phone: +509 28117234
Email: info@cfihaiti.com
Website: www.cfihaiti.com
THE CENTER FOR FACILITATION
OF INVESTMENTS (CFI)
The Center for Facilitation of Investments (CFI) in Haiti was created by presidential
decree in 2006 under the auspices of the Ministry of Trade and Industry. It is the
national investment promotion agency that works to attract investments that
contribute to the development of the country, diversify the economy, strengthen
supply chains, and generate jobs. The CFI´s main mandate is to promote investments
and help potential investors find and take advantage of opportunities in Haiti.

The Department of Facilitation of CFI aims, through this Investor Pack, to support
investors during all stages of their investment decision-making process providing
them technical support and administrative assistance. In this handbook you will find:

• Complete and relevant information about Haiti’s current “investment climate”

• Help to ensure smooth entry and establishment of an investment project,

including providing information and assistance with acquiring permits and
licenses, as well as with business registration processes.

• Assistance with identifying suitable sites for a proposed investment project and
support with legal and regulatory frameworks and processes.

• General information to benefit from Haiti’s fiscal incentives regime

• Legal pointers for the foreign investor

CFI collects no fees for the services provided to investors. Look for CFI representa-
tives in Port-au-Prince, Gonaives and at investment summits as well as trade shows
around the world.
4 Investor Pack
 Center for Facilitation of Investments Investor Pack 5

INVESTING IN HAITI
STARTING A BUSINESS
There are several options available to investors, both local and international, who would
like to set up a business in Haiti.

• Sole Proprietorship

• Registered Partnership

• Limited Liability Company

• Corporation

• Subsidiary of a Foreign Company

The following will provide an overview of the procedures to follow for the Corporation
(Société Anonyme) and the subsidiary.

Incorporating a company in Haiti takes approximately six (6) weeks.

INCORPORATION PROCEDURES
The “Société Anonyme” which is Haiti’s equivalent of a Corporation is the most common
business structure as it affords its shareholders protection from personal liability.

Incorporation steps include:

Procedure /Steps Cost Notes

Shareholders prepare the • All documents should

company bylaws & for the capital be deposited in a Public
stock Notary office
• ¼ of the minimal capital
stock should be deposited
in national bank (BNC)

Shareholders & designated If shareholders are absent,

attorney visits Public Notary office the designated attorney must
to sign act of deposit and all docu- represent the client at public
ments related to incorporation Notary office

Notarize company deeds and Varies between HTG 15,000

articles of association to HTG 25,000 depending on
complexity

Public Notary delivers documents • HTG 250 service fee Proof of receipt given to
to Attorney who, in turn, transmits • HTG 25 vignette Attorney
to the Ministry of Commerce and
Industry (MCI)

MCI prepares a notice authorizing Notice signed by the Minister

the operations of the Corporation of Commerce and Industry

Corporation documents are Cost depend on number of • Documents transferred by

transferred to the official pages of act of constitution: the Ministry of Commerce
bulletin (Le Moniteur) • 1 to 9: HTG 5,000 and Industry
for publication • 10 to 25: HTG 20,000 • Certified check required
• 26 +: HTG 35,000 for payment
6 Investor Pack

Once the Company is published in the official bulletin “Le Moniteur”, the Corporation repre-
sentative handles the common formalities:

1- In order to fulfill the final requirements with the Haitian Tax Authority (Direction
Générale des Impôts) such as:
a) Presentation of beginning balance sheet

b) Tax ID number

c) Tax payment on shares

d) License to operate (Patente)

2- Notifying the Ministry of Social Affairs and Labor about hiring

3- Register for worker’s health / accident insurance with (OFATMA) within 15 days
of opening

4- Register for Retirement Insurance Office (ONA) within 15 days of opening

It is also possible for foreign investors to create a subsidiary in Haiti. The subsidiary shall
be registered at the Registry of The Ministry of Commerce and Industry, as well as before
all the fiscal and social authorities in Haiti.

It is mandatory to hire a lawyer for creation of said company, who will conduct all the steps
for the registration of the company.

The table hereafter summarizes the main steps for creating a subsidiary in Haiti. Same formal-
ities that apply for a Corporation, also applies for a subsidiary once published in “Le Moniteur”

Procedure /Steps Cost Notes

Authentication of the parent Varies on location • Documents must be translated in French

company’s documents overseas • Parent company must submit articles/
bylaws/authorization legalized at Haitian
consulate in its place of location
• Submit resolution of Board of Directors
allowing establishment of subsidiary in
Haiti and appointment of representative

Legalize parent company’s -

documents and the Consul’s
signature at the Ministry of
Foreign Affairs in Haiti

Draft company’s statutes • Depend on lawyer • Done with legal counsel

(Articles of memorandum) retained or law firm • Minimum deposit of capital waived
retained

Notarize the company’s deeds Done by notary’s office

and articles of association &
payment of registration fee
at DGI

Registration with the • HTG 250 service fee Registration must be filed by lawyer
Commercial Registry at the • HTG 25 vignette
Ministry of Commerce and
Industry

Publish the deed of consti-
tution in the official gazette (Le
Moniteur)
Cost depends on number of Documents are transferred by the Ministry
pages of act of constitution: of Commerce and Industry
• 1 to 9: HTG 5,000
• 10 to 25: HTG 20,000
• 26 +: HTG 35,000
 Center for Facilitation of Investments Investor Pack 7

REGISTRATION TAXES WITH THE DIRECTION GÉNÉRALE

DES IMPÔTS (TAX AUTHORITY)

Tax Payable Payabe Amount Frequency

Amount in HTG in USD*

Tax ID number 50 1.05 Annually

Authorization of Operation 1,500 31.71 Annually

Tax on Shares (taxe sur action) 300 6.34 Annually

Stamp duty 5,000 105.7 Once

License to operate (Patente) 200 4.22 Annually

Professionnal ID Card 1,000 21.24 Annually

TOTAL 8,050 170.16

*47.30 HTG (Haitian gourde) = $ 1USD as of March 2015

The amounts given in the table above for the license to operate, tax on shares and the stamp
duty are average. The amount of 200 gourdes shown in the table generally concerns wholesale
and retail. The exact payable amount for the license to operate is determined by sector activity.

Information and procedure on how to incorporate the other companies can be found at
CFI Headquarters.
8 Investor Pack

OPENING A BANK ACCOUNT IN HAITI

Residents as well as foreigners can hold bank accounts in Haiti in local currency and also
in USD. Accounts are opened immediately with no cost except the minimum required
when opening a bank account

Public Private/Commercial Foreign

Banque Nationale de Crédit UNIBANK Citibank

(BNC)
SOGEBANK SCOTIA BANK
Banque Populaire Haïtienne
CAPITAL BANK
(BPH)
BANQUE DE L’UNION
HAITIENNE

REQUIRED DOCUMENTS TO OPEN A BANK ACCOUNT

INDIVIDUAL
• Valid identity card (passport)

• Resident Permit

• Proof of address (rent receipt / electricity bill, accommodation contract)

• A minimum of $150 USD1

• A filled application form

LEGAL ENTITY (COMPANY)

• A filled application form

• Company Bylaws

• Copy of “Le Moniteur” in which company was published

• Proof of address of Company

• The Minutes of the last Annual General Meeting electing, amending or renewing the
Board of Directors

• Valid license to operate and Tax Identification card of Company

• An initial deposit of 25,000 HTG (approx. $528.54USD) if account is opened in

local currency

• An initial deposit of $2,500USD if account opened in US currency

• For each signatory on the account: two valid ID required

• Proof of address for each signatory on account

1 Minimum required may vary depending on Bank chosen; and whether bank account will be for personal
use or for a company.
 Center for Facilitation of Investments Investor Pack 9

LABOR CONSIDERATIONS
The working relations are determined and regulated by a special law the Labor Code of
1984. The Ministry of Social Affairs and Labor, is in charge of ensuring a reliable climate
between Employers and Workers.

LABOR COSTS

MINIMUM WAGE BY SECTOR2

Segment A USD 5.49 / day

Segment B USD 5.07 / day

Segment C USD 4.75 / day

SOCIAL SECURITY CONTRIBUTIONS

Companies operating in Haiti are required to assume certain social security contributions
such as:

• The annual bonus that is 1/12th of annual salary paid between the 23rd and the 31st
of December

• The work accident insurance (OFATMA)

• 2% of salaries for commercial companies

• 3% of salaries for agricultural, industrial companies

• 6% of salaries for mining companies

• Pension Fund Contribution (ONA)

• Contribution of 2 to 6% according to levels of salary by Employer (same contri-

bution by Worker)

WORK HOURS AND LEAVE PROVISIONS

Type Length Conditions

Working hours 8hrs/day

48hrs/week

Overtime 50% bonus

Weekly rest 24hrs (paid) After 6 consecutive working days

Night work 6pm to 6am 50% bonus

Annual leave 15 days

Sick leave 15 days

Maternity leave 12 weeks

2 Presidential Order of April 16th, 2014. Visit www.cfihaiti.ht to consult the decree
10 Investor Pack

PAYING TAXES
The fiscal year3 in Haiti goes from October 1st to September 30th.

Type of Tax Rate Notes

Independently to
Corporate Tax 30%
the revenues

Personal Income Tax (approx. USD)

$ 1 - $ 1,268 USD 0%

$1,268 - $ 5,073 USD 10%

$5,073 - $ 10,147 USD 15% Based on Income

$ 10,147 - $21,141 USD 25%

$ 21,141 USD and above 30%

Payroll Tax 2%  

Local Tax 1%  

Value Added Tax 10%  

Property Tax 15%  

Capital Gains Tax 15%  

EXCISE DUTY Rate Tax base

Propane Gas (imported) 0%  

Alcohols 4

Rhum, beer 15%

Wines 15% CIF

Whisky 15%

Tobacco 12% CIF

Vehicles with engine of 2200

10% CIF
cc or above

Companies operating under the Investment Code are also required to submit their financial
statements to the DGI at the end of each fiscal year.

3 www.mefhaiti.gouv.ht/documents/pdf/calendrierfiscal.pdf
4 Rates as of march 2015, Administration Générale des Douanes (Customs Administration)
 Center for Facilitation of Investments Investor Pack 11

INVESTMENT INCENTIVES
Haiti offers a highly competitive incentive package for investors as outlined in the Haitian
Investment Code of 2002 and in the Free Zone Law of 2002. The Center for Facilitation
of Investments (CFI) will be your entry gate to the Inter Ministerial Commission for
Investment, which is the Governmental body awarding these incentives.

APPLYING FOR INCENTIVES

The Center for Facilitation of Investments (CFI) is responsible for providing information
regarding the 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 for Investment makes
an administrative decision.

The application forms for requesting incentives are available at CFI headquarters.

ELIGIBILITY CONDITIONS:
A. Have a company registered, or in the process of registration in Haiti

B. Issue a request to CFI’s General Director along with the following:

• Feasibility study
• Business plan (over a five year period)
• Form outlining the incentives applicable to the related sector (form available at CFI)
• Detailed list of equipment, material and commodities to be imported
• Ministry of Commerce and Industry’s authorization and copy of official publication
“Le Moniteur”, in which the company’s bylaws are published
• Copy of newspaper publication of the legal notices of registration for limited partner-
ships and partnerships
• If company is a sole proprietorship: a copy of business name certificate issued by the
Ministry of Commerce and Industry
• Tax identification card
• Professional Fixed Tax: License to operate (Patente)
• Fiscal Clearance (Quitus Fiscal)
• Opening balance sheet
• Income tax statement of the company’s board members or partners\

ELIGIBLE SECTORS
• Agriculture
• Handicrafts
• Tourism and related services
• Export and re-export oriented investments
• Investments made in national industry with an added value of at least 35% and
intended for local consumption
• Investments in free zones
• Investments in other sectors or special regimes
12 Investor Pack

HAITIAN INVESTMENT CODE PRIVILEGES

General privileges granted by the Haitian Investment code of 2002 are as follows:

• Total exemption from income taxes for a period which should not exceed 15 years

• Accelerated depreciation of properties, equipment, hardware, software, and

some expenses

• Exemption from local taxes, except for the License to Operate (Patente) which should
not exceed 15 years

Each eligible sector is also allocated specific incentives.

INCENTIVES IN AGRICULTURE
1. Exemption from payroll taxes and all other direct internal taxes for a period, which
shall not exceed fifteen (15) years.

2. Exemption from the security deposit provided for by the Customs Tariff Code for
temporary entry imports.

3. Customs duty and tax relief on import of equipment goods and materials necessary
for the establishment and operations of the enterprise, including:

• Tractors, two-wheel tractors, fishing boats and outboard motors and any other
equipment necessary for the enterprise’s operations;

• Seed, fry, fertilizer, pesticides, plants, fungicides and all other agriculture, stock-
breeding and fishing inputs;

• Nets, traps and other fishing equipment;

• Devices and equipment used in the construction of hothouses, incubators for the
production of poultry;

• Spare parts and tools used in equipment maintenance;

• Post-harvest machines, tools and equipment such as gins, pulpers, grain threshing
machines;

• Packaging, preserving and processing materials and all equipment deemed necessary
in company production.

INCENTIVES FOR PRODUCTION OF HANDICRAFTS

1. Exemption from payroll taxes and other direct internal taxes for a period which
shall not exceed fifteen (15) years.

2. Exemption from the security deposit provided for by the Tariff Code for temporary
entry imports.

3. Customs duty and tax relief on the import of equipment goods and materials
needed in the establishment and operations of these companies, including:

• Equipment, materials and supplies and accessories needed by the enterprise;

• Packaging supplies and materials;

• Spare parts and tools needed in repairing these materials and equipment.
 Center for Facilitation of Investments Investor Pack 13

INCENTIVES IN TOURISM AND RELATED SERVICES

1. Exemption from the security deposit provided for by the Tariff Code in temporary
entry imports

2. Exemption from the Land Tax on Built-Up Properties for the first ten (10) years
of restoration of buildings registered as part of the national heritage and open
to the public

3. Exemption from individual income taxes for revenue generated by the investment

4. Customs duty and tax relief on import of equipment, goods and materials needed
in prospecting, establishing, furnishing or refurnishing, when this material or this
equipment cannot be found locally in the same quantities and according to the
same quality and price standards; including:

• Building materials;

• Electrical equipment;

• Electric energy production or compensation systems;

• Security or surveillance systems or equipment;

• Communications and telecommunications systems;

• Refrigeration systems and equipment;

• Household appliances, linen, cooking and serving utensils;

• Water treatment systems and equipment;

• Rare plant and animal species;

• Longboats and tows;

• Small aircraft, boats and pleasure helicopters;

• Utility vehicles intended for commercial use;

• Material and equipment needed in furnishing and operations of tourism activities;

• Spare parts for material and equipment.

INCENTIVES IN EXPORT AND RE-EXPORT ORIENTED

INVESTMENTS
1. Temporary entry for active development of raw materials and packaging materials

2. General exemption from bonds or security deposits in the temporary entry of raw
materials and packaging materials.

3. Exoneration from payroll taxes and other direct internal taxes; for a period which
shall not exceed fifteen (15) years.

4. Exemption from audit charges.

5. Exemption from customs duty and from income taxes on the import of equipment
goods and materials needed in installation, operations and production of the enter-
prise including among others:

• Machines and devices intended for prospecting and research;

• Conveyances exclusively intended for transportation of the enterprise’s supply mate-

rials and manufactured products;
14 Investor Pack

• Buses solely assigned for the transportation of personnel, in conformance with

the Labor Code;

• Tools and spare parts needed in repairing machinery, equipment and materials;

• Electrical and sanitary equipment needed in company installations;

• Devices and equipment intended for company security and surveillance;

• Products intended for production operations;

• Consumable items (catalysts, chemical accelerators, etc.);

INCENTIVES FOR INVESTMENTS MADE IN NATIONAL INDUSTRY

1. Exoneration from payroll taxes and other direct internal taxes for a period which
shall not exceed fifteen (15) years.

2. Exemption from the security deposit provided for by the Tariff Code for temporary
entry imports.

3. Customs duty and tax relief on the import of equipment goods and materials
needed in the establishment and operations of the enterprise, including:

• Machines and devices intended for prospecting and research;

• Conveyances exclusively intended for the transportation of company supplies and
finished products;
• Buses exclusively assigned for transporting personnel, in conformance with the Labor
Code; Tools and spare parts needed in repairing machines, equipment and materials;
• Electric and sanitary equipment needed in company installations;
• Devices and equipment used in company security and surveillance;
• Exemption, for a period which shall not exceed twenty (20) years, from customs
duties on raw materials to be used in processing. If the enterprise in question has
undergone modernization or rehabilitation, the period for this exemption shall not
exceed five (5) years.

INCENTIVES IN FREE ZONES

Promoters, operators and users of free trade zones (physical persons or corporate bodies)
shall be entitled, in addition to the benefits provided for by the Investment Code of 2002,
to fiscal and customs benefits mentioned in the law on free trade zones.

INCENTIVES FOR INVESTMENTS IN OTHER SECTORS OR SPECIAL

REGIMES
Any individual or any corporate body (company) that present the qualifications as well as
the financial guarantee may enter into an agreement with the State for the establishment
of a businesses in Haiti that is considered of interest to the community. Said agreements
shall define with precision the special status granted to the company, the specific benefits
attached, and the counterpart obligations required of the beneficiary or beneficiaries.
 Center for Facilitation of Investments Investor Pack 15

FREE ZONES
The Free Zones are regulated under the Free Zone Law of 2002. Said law defines free
trade zones as geographical areas to which a special regime on customs duties and
customs controls, taxation, immigration, capital investment, and foreign trade applies,
where domestic and foreign investors can provide services, import, store, produce, export
and re-export goods.
Free trade zones may be private or joint ventures involving state or private investors.

The National Council on Free Zones (NCFZ), is responsible for:

• Receiving applications for the approval as a free zone
• Approving applications for admission to the free zone regime and the relevant changes
• Ensuring that the projects approved are carried out in accordance with the terms
• Authorizing the operation of free zones
• Defining and regulation of free zones
• Approving and monitoring procedures and operation in free zones

HOW TO APPLY FOR FREE ZONE STATUS:

STEPS
1. Submit a request to the NCFZ with the following
• Name, address, nationality of promoter or of business to be engaged in the activity as
well as name, address and role of each of shareholder/investor
• Description of the project and implementation timeline
• Approximate number of employees, both Haitian and foreign
• Title of ownership of land, the commitment to sell to promoter, the lease as the case
may be; as well as the plans and a valid surveyor’s report
• List of equipment, materials and/or raw materials to be received

2. Provide detailed cost benefit analysis for the project with plans of the targeted
zone, the building to be implemented on it, green areas to be furnished and of
amenities to be included in free zone

3. Fill out the form given by the NCFZ

INCENTIVES IN FREE ZONES

The law provides the following incentives for enterprises located in free zones:
• Full exemption from income tax for a maximum 15 year- period, to be followed by a
period of partial exemption that gradually decreases
• Customs and fiscal exemption (including registration taxes) for the import of capital
goods and equipment needed to develop the area, with the exclusion of tourism
vehicles
• Exemption from all communal taxes (with the exception of the fixed occupation tax)
for a period not exceeding 15 years
• Registration and transposition of the balance due for all deeds relating to purchase,
mortgages and collateral
16 Investor Pack

FATIMA’S CARACOL
GROUP CODEVI

CAP-HAITIEN

NATIONAL CAPITAL

INDUSTRIAL PARK

INTERNATIONAL AIRPORTS

DEPARTMENTAL SEAT

FREE ZONES PORT

LAFITO

PORT-AU-PRINCE
SONAPI (PIM)
SHODECOSA

LES PALMIERS
PARC
HISPANIOLA SIDSA, AIRPORT
INDUSTRIAL PARC

INDUSTRIAL PARKS
Haiti has two main industrial parks.
• The Park Industriel Metropolitain (PIM) located in the municipality of Delmas in
Port-au-Prince. PIM is located 4 kilometers from the main port of Port-au-Prince and
less than 1 kilometer from the International Airport (PAP).
• Caracol Industrial Park (PIC), located in Northern Haiti, close to Cap-Haitien is 28
kilometers from the Cap-Haitien port and 26 kilometers from the International airport
of Cap Haitien (CAP)
Haiti’s industrial parks are administered by the “Société Nationale des Parcs Industriels”
also known as SONAPI. All industrial park tenants in Haiti are required to fill out a
“Building lease Application Form” available at SONAPI.

RENT COST AVAILABLE SERVICES

Monthly rent in Caracol industrial park is • Customs office on site
based on a graduated incentive scale • Banking: BNC, Sogebank (ATM)
and UNIBANK
0 to 300 employees 3.25 USD/sq.m
• Lodging: executive housing and
301 to 600 employees 3.10 US/sq.m employee housing

601 to 1,000 employees 2.95 USD/sq.m • Private security as well as local police
• Primary care (OFATMA)
1,001 to 1,250 employees 2.80 USD/sq.m
• Training: Colleges of KOICA Garment
1,251 or greater 2.75 USD/sq.m Technology Center and Limonade
University
Source: SONAPI • Helipads
 Center for Facilitation of Investments Investor Pack 17

OPERATIONAL COSTS IN CARACOL INDUSTRIAL PARK

Water consumption charge USD 0.90 to 1.20/m3

Sewage Treatment charge USD 1.00/m3

Power price Based on fuel price june ‘14 USD 0.26/KWH

Factory construction cost USD 4.30 USD/sq.m (can range from USD 3.50
to USD 5.40 /sq.m

Office construction cost USD 4.30 /sq.m

Source SONAPI

CUSTOMS REGULATIONS
The following documentation is required under the basic regulations governing the import
and export in Haiti.

For import, the documentation requested For export, the documentation requested
by Customs includes: by Customs includes:
• Bill of lading • Bill of lading
• Cargo release order • Cargo release order
• Customs import declaration • Commercial invoice
• Import license (DPI) • Certificate of origin
• Commercial invoice • Export license
• Inspection report (Société Générale • Tax certificate (Quitus)
de Surveillance) • Customs export declaration
• Tax certificate (Quitus)

Haitian law requires that exporters obtain an export permit from the Ministry of
Commerce and Industry for export of some agricultural and textile products.

For more information on Haitian tariffs and customs administration, foreign investors
as well as local investors should contact the Haitian Customs Authority (Administration
Générale des Douanes)

Adminsitration Générale des Douanes

Blvd La Saline, Angle Rues du Quai et des Fonts-Forts • Port-au-Prince, Haiti

+509 2236- 8263 • +509 3811- 7583 • www.douane.gouv.ht

In May 2003, the Haitian Government signed a pre-shipment inspection agreement with
Société Générale de Surveillance (SGS). Under this agreement all imports with a value of
at least USD 5,000 or an entire container regardless of its value, must be inspected by SGS
before shipment to Haiti.

Certain goods are exempt from inspection by the SGS. For more information, contact

SGS Haiti Liaison Office

116 avenue Jean-Paul II, Turgeau • Port-au-Prince, Haiti

+509 2816- 0102 • +509 2816- 0103 • www.sgs.ht
18 Investor Pack
 Center for Facilitation of Investments Investor Pack 19

DOING BUSINESS IN HAITI

ENTERING HAITI
Most visitors do not need a visa to enter Haiti and receive a tourist visa upon arrival.
Only nationals of the following countries require a visa to enter Haiti, if they do not have
in their valid passport a U.S., Canadian or Schengen visa:
• Colombia

• Panama

• Dominican Republic

Visitors’ stay may not exceed 90 days on each trip to Haiti. Foreign investors and visitors
who wish to settle in Haiti after the ninety-day period must obtain a legal resident permit
from the Immigration and Emigration Service.

Investors have three (3) months to obtain their resident permit

RESIDENCE PERMIT: STEPS AND DOCUMENTS REQUIRED

• Letter requesting an application for a residence permit to the Directorate of
the Immigration and Emigration (DIE) by notifying the reasons

• A Letter of employment from the Employer or the person who supports it,
guaranteeing the stay of the foreigner in Haiti and repatriation if necessary

• A Medical certificate not older than 30 days

• Two (2) photographs of the person applying (format: passport photo in color)

• A photocopy of the landing card for the last entry into the country

• A photocopy of the birth certificate and its translation into French

• A bank statement from a bank operating in Haiti with a minimum deposit of 7,500
HTG (approx. USD 158.56)5

• Certificate of good conduct from the country of origin (or last country where
applicant resided for more than 2 years)

• The sum of 5,000 HTG (aprrox. $106 USD) payable by certified check to the Treasury
Department (Trésor Public)

The fees applicable to obtaining a residence permit in Haiti:

- First time issuance 5,000 HTG

- Renewal 2,500 HTG

- Student 1,250 HTG

5 47.30 HTG (Haitian gourde) = $ 1 USD as of March 2015

20 Investor Pack

WORK PERMIT
The work permit can be applied for at the Ministry of Social Affairs and Labor.

DOCUMENTS REQUIRED
• Passport

• Residence permit

• Three (3) recent passport photos in color

• Certificate of good conduct of all places where the applicant has lived during the last
5 years

• Certificate from the Labor Office certifying that the foreigner is not doing work that
Haitians can do

• Academic qualifications or certificate of technical competence

 Center for Facilitation of Investments Investor Pack 21

LIVING IN HAITI
ACCOMMODATION COSTS
Both Port-au-Prince and Pétion-Ville are home to major hotels.

Hotels Address Telephone Email Rate Std

Best Western 50 angle rue (509) 28142222 reservations@ $196.99

Premier Louverture et Geffrard, bestwesternht.com
Carabimmo SA Pétion-Ville

Coconut Villa 3 rue Berthol, Delmas (509) 31793752 coconutvillahotel@ $71.50

Hôtel 19 prodigy.net

Elite Hotel 14,rue Jacques 1er. (509) 28136187 info@elitehotel.ht $127.00

Delmas 31

Hôtel Ibo Lélé Route Ibo Lélé, (509) 29408502 info@ibolelehaiti.com $88.00
Pétion-Ville

Hôtel Karibe Juvénat 7, Pétion-Ville (509) 28127000 info@karibehotel.com $174.90

Hôtel Montana Rue Frank Cardozo, (509) 29400584 reservation@ $130.00

Pétion-Ville. hotelmontanahaiti. com

Hôtel Villa 13 rue Léon Nau, (509) 28162524 info@hoteltherese.com $139.00

Thérèse Nérette Pétion Ville.

Kinam Hôtel Place Saint-Pierre, (509) 29446000 reservation@ $158.00

Pétion-Ville hotelkinam.com

La Lorraine 36 rue Clerveau, (509) 28168300 reservation@ $121.00

Pétion-Ville lalorrainehaiti.com

La Réserve 2 Marcel Toureau, (509) 29461111 info@lareserveht.com $110.00

Berthé, Pétion-Ville.

Le Montcel Km 14, Belot, rte de (509) 37014777 montcel@aol.com $192.00

Kenscoff

Le Plaza 10 rue Capois, (509) 28146000 reservations@ $134.20

Port-au-Prince. plazahaiti.com

Marriott 147 avenue Jean Paul 50928142800 noe.belia@marriott.com USD

II Turgeau, Port-au- 179.00
Prince HT6113

NH Haiti El 5 rue José Marti, (509) 28151000 nhhaitielrancho@ $187.00

Rancho impasse des Hôtels, nh-hotels. com
Pétion-Ville

Royal Oasis 15 ave Panaméricaine, (509) 22292030 reservations@ $150.00

By Occidental Pétion-Ville. ht.occidentalhotels.com
Hotels

Servotel Blvd Toussaint (509) 28127500 info@servotelhaiti.com $142.00

Louverture, Zone
Cargo, Port-au-Prince.

The Lodge Furcy, Rte de Kenskoff (509) 34585968 info@ $110.00

thelodgeinhaiti.com

Visa Lodge Rue des Nimes, Blvd. (509) 28130777 services@ $147.50
Toussaint Louverture visalodge.com
22 Investor Pack

APARTMENT RENTALS
Foreigners interested in renting apartments can contact:

1- Groupe Immobilier d’Haiti (GIDH)

74, rue Gregoire #6 • Petion- Ville • +509 29404434 / +509 34847441

www.groupeimmobilierdhaiti.com

2- Haiti Real Estate and Services (HRS)

16, Delmas • +509 36355124 • www.hrshaiti.com • info@HRSHaiti.com

EDUCATION
There is a presence in Haiti of International bilingual schools. Whether private or religious,
they offer preparatory education to students in pre kindergarten through grade 12.

Some establishment have the SACS-CASI / ACSI and Advanced Accreditation.

The French Lycée in Haiti offers a curriculum approved by the French Ministry of National
Education to the Baccalauréat level.

SCHOOL FEES
The fees indicated in the tables below are average of charges from different international
affiliated and private schools in Haiti. The fees indicated are subject to change at any time.
They are for indicative purposes only.6

UNION SCHOOL
Level Amount $USD/year6

Elementary school (pre k to 5) 3,900 – 10,195

Middle school (grades 6 – 8) 11,639

High school (grades 9 to 12) 12,794

LYCÉE ALEXANDRE DUMAS

Level Amount $USD/year

Pre K 3,027

Elementary 3,027

Middle School 3,435

High School 4,485

6 Fees are indicative, inquire at schools

24 Investor Pack

LEGAL POINTERS FOR THE

FOREIGN INVESTOR IN HAITI
FREQUENTLY ASKED QUESTIONS
Prepared by Deanna DURBAN, Lawyer at Pasquet Gousse & Associés

1. Which Haitian entity will most effectively shield me from significant personal
liability?
The Haitian Sociéteé Anonyme (S.A.) is Haiti’s equivalent of a corporation. Absent the
presence of serious fraudulent acts, the S.A. affords its shareholders the protection from
personal liability enjoyed by shareholders of American corporations.

2. Are there any other business entities aside from a S. A.? What liabilities are relevant
to those business entities?
Also permitted by Haiti’s laws are the Société en Nom Collectif (the registered partnership)
and the Société en Commandite Simple (limited liability partnership). Absent an operating
agreement, the partners of a registered partnership share joint, several and unlimited
liability for the entity’s debts and liabilities. The limited liability partnership’s silent partners
are shielded from that entity’s liability while the managing partner, responsible for its daily
operations, is subject to unlimited liability for the partnership’s debts and liabilities

3. What is the ideal investment vehicle in Haiti for a foreigner?

Due to the exposure to potential liabilities, most foreign investors create a subsidiary in
Haiti by participating in a S.A. Others choose to work directly with or do business through
already-existing subcontractors.

4. How are Haitian corporations regulated differently than US corporations?

Haiti’s Commercial Code requires a minimum of three shareholders at all times. Unlike
corporate regulations in most American states, all officers on the Board of Directors of the
S.A. must also own equity in the company and at all times at least one Board Member must
be a Haitian national- thus it follows that at least one shareholder of any Haitian S.A. must
be a Haitian citizen. It can take a minimum of ninety days to file for S.A. status with the
Haitian government, however following a recent joint effort of USAID, Presses Nationales
D’Haiti, the Ministry of Commerce and the Ministry of Commerce’s Centre de Facilitation des
lnvestisseurs (CFI, the Center for Facilitating Investments), the time frame for creating a new
S.A. should not exceed seventy (70) days from the filing date.

5. What are some of the formalities for creating a corporation in Haiti ?

The Commercial Code specifies a minimum stated capital amount depending on the business
category. One quarter of the stated capital amount must be deposited at the Banque Naitonal
de Credit (BNC). A copy of the Bylaws, the minutes of the first general assembly creating
the corporation, the subscription bulletin is submitted to the notary public who prepares
the “Acte de dépoôt” (deposit certificate) for those documents. Extracts from those docu-
ments, must be submitted to the Ministry of Commerce prior to receiving the Authori-
zation to Operate as a S.A. The Authorization to Operate must then be published in Le
Moniteur as notice to the public.Following the above formalities, the new entity must apply
to the Direction General des lmpôts (DGI), the Haitian revenue service, in order to acquire a
taxpayer identification number and to enable it to comply with its fiscal obligations.
 Center for Facilitation of Investments Investor Pack 25

6. Do I need to use the services of an attorney or a notary to create a S. A. in Haiti?

Although recommended, Haiti’s laws do not require consultation with an attorney in order
to create a S.A. However, unlike in the United States, the use of a notary is mandatory as far
as submitting original documentation of the bylaws to the Ministry of Commerce. An attor-
ney’s role in creating a corporation usually starts with the drafting of the bylaws of the S.A.
to ensure it abides by the Commerce Code’s regulations. The attorney typically is engaged
to follow the client’s file until it is published in the official state publication, Le Moniteur.

7. What is double taxation and how does that apply to a Haitian corporation (S. A.)?
Like the shareholders of American corporations, individuals (including foreigners) owning
shares in a S.A. are said to be subject to double taxation due to the very nature of the
corporate structure. First, the corporation’s profits are taxed at a rate of thirty percent
(30%) by the Haitian revenue service, the DGI. Second, the distribution of profits (dividends)
to the shareholders is also taxed at twenty percent (20%). Unless the S.A. qualifies for the
tax-holiday (see question 10), shareholders of a Haitian corporation are subject to double
taxation. There is no equivalent in Haitian law to the S-Corporation commonly found in the
United States. While corporate profits can be accumulated, after five (5) years they will be
deemed distributed.

8. As a foreign shareholder, must I declare my Haitian derived income

to the US government?
American citizens (and citizens of other countries) must also be aware of the tax implica-
tions in their country of origin for the revenues from Haitian sources of income. There are
no bilateral tax treaties between Haiti and the US; as a result, although tax credits may
be available, US citizens living in Haiti may be subject to personal income taxes to both
governments’ taxing authorities.

9. I plan on creating a Haitian S. A. but wish to capture all of my profits in a foreign

company. Is this possible?
It is certainly possible to create an independent S.A. in Haiti, subcontracting work to a
foreign company that earns the majority of the mark-up profits, or to create a subsidiary
in Haiti with the foreign mother company legitimately earning the majority of the mark-up
profits. However the foreign investor should be aware that Haiti’s tax code regulates price
transferring and this arrangement should be carefully structured in order to avoid impli-
cating them. The rules are particularly unclear and subjective.

10. What is a “tax holiday”?

Haiti’s Investment Code provides significant economic incentives to new businesses in
the exporting, agricultural, arts and crafts, industrial, and tourism sectors and to those
operating in “free zones”. Qualified businesses may benefit from a 15-year tax holiday.
The reinstatement of those taxes following the 15-year period is staggered. Furthermore,
the capital investments of those businesses are granted an accelerated depreciation for
additional tax benefits. The tax holiday is not granted automatically- it must be applied
for by the prospective investors.

11. How will raw materials and heavy equipment needed for business in Haiti be treated by
customs if I qualify for the Tax holiday and Franchise pursuant to the Investment Code?
As for equipment and raw materials, qualified businesses may benefit from a Customs Franchise
permitting them to import duty-free the heavy equipment and raw materials necessary for
its operations.
26 Investor Pack

12. I am interested in organizing a manufacturing company in Haiti. Are there any other
advantages aside from those benefits provided pursuant to the Investment Code?
Companies operating in the subcontracting industry in which all or most of its raw materials
are imported from overseas can also benefit from a Customs Franchise if it can be shown
that the imported raw materials are in transit. The qualification for such Customs Franchise
is different than those provided pursuant to the Investment Code, but the effect is the
same- the imported raw materials will be imported duty-free.

13. Who reviews my “tax holiday” and Customs Franchise application?

A panel, the “Commission of Investments”, composed by various Ministries is respon-
sible for granting the tax holiday and the customs franchises granted pursuant to the
Investment Code.

14. Will my business in Haiti be treated equally to other local businesses?

The Investment Code is particularly interesting as to its emphasis on granting equal rights
to both foreign and national investors.

15. Are there any advantages to doing business in a Haitian “free zone”?
The primary advantages for investors or developers of free zones are that they are provided
with a tax holiday and also benefit from an accelerated depreciation of capital investments.
The reinstatement of income taxes is done on a staggered basis. The primary advantages for
businesses operating in a free zone is that the free zone has its own customs agents available
to facilitate shipping needs. This may reduce the hassle of coordinating with customs at a
different location. In addition to the advantage of having an on-location customs service,
new businesses operating in a free zone can also qualify for the tax holiday provided in the
Investment Code.

16. Are foreigners permitted to acquire property in Haiti ?

The short answer is yes. Property acquisition by foreigners is permissible in limited circum-
stances is; and the assistance of an attorney is required by law.

17. If a foreigner is an owner of a corporation, can that corporation own property?

Haitian companies and corporations are generally free to acquire property. However,
if a Haitian company is majority-owned (50% or more) by a foreigner, that company is
considered as a foreigner in terms of its property rights. The foreign company can acquire
property, however only in limited circumstances.

The assistance of an attorney is required by law

** The information contained in this summary is for informational purposes only and should
not be relied on for legal advice. This summary is intended to briefly introduce the reader to
Haitian laws that could be applicable to new corporate endeavors in Haiti.

This summary is not an exhaustive overview of Haitian laws and consultation with an
attorney is strongly advised in all cases.
CREDITS
Publication date : March 2015

Produced by : Facilitation Department - CFI

Design by : Bluemango

28 Investor Pack

CENTER FOR FACILITATION OF INVESTMENTS

CENTRE DE FACILITATION DES INVESTISSEMENTS

FOR MORE INFORMATION ABOUT INVESTING IN HAITI CONTACT US:

cfihaiti.com info@cfihaiti.com @cfiht /cfihaiti