Doing business in Haiti can be an extremely challenging undertaking due to a combination of political, security, and infrastructural issues, but the country’s investment code and demographic makeup offer potential in key sectors. Foreign investors have the same rights and privileges as local entrepreneurs.
Here is a guide to navigating the process, key opportunities, and the significant challenges.
1. Business Setup and Registration Process
The legal system is based on the French Civil Code. The most common legal entity for foreign investors is the Public Limited Company (Société Anonyme – SA). The process is lengthy and typically requires a local lawyer and notary.
| Step | Agency/Requirement | Details |
| 1. Draft & Notarize Documents | Lawyer / Notary | Draft the company’s Articles and Memorandum of Association (M&A). This step is mandatory and usually takes up to 3 weeks. |
| 2. Deposit Initial Capital | National Bank | Deposit the legally required minimum share capital (e.g., HTG 25,000 or approx. $500 for an SA) and obtain proof of deposit. |
| 3. Register with Tax Authorities (DGI) | Direction Générale des Impôts (DGI) | Pay registration fees and obtain the Tax Identification Number (NIF) and a provisional operating license (Patente). |
| 4. Register with Ministry of Commerce | Ministry of Commerce and Industry (MCI) | Submit the notarized documents for official registration and obtain the authorization of operations (Droit de fonctionnement). |
| 5. Publication | Le Moniteur (Official Journal) | A notice of the company’s formation must be published in the official government gazette. |
| 6. Obtain Professional ID | Ministry of Commerce | Obtain the Professional Identity Card (Carte d’identité professionnelle – CIP). |
| 7. Social Security & Labor | ONA & OFATMA | Register the company and its employees with the National Old-Age Insurance Office (ONA) and the Office of Occupational Injury, Sickness, and Maternity Insurance (OFATMA). |
| 8. Legalize Commercial Books | Court | Have your required special commercial books legalized by the Dean of the first instance court. |
Key Requirements for Foreigners (Société Anonyme – SA):
- Minimum Shareholders: 3 (one is legally required to be a Haitian national, though this is sometimes addressed with nominee shareholders).
- Minimum Directors: 1 (must be chosen from the shareholders).
- Foreign Ownership: Haitian law theoretically allows 100% foreign ownership, but local assistance is necessary to meet technical requirements.
- Capital: Minimum paid-up share capital of HTG 25,000 (approx. $500).
2. Key Investment Sectors
Despite the complex environment, Haiti offers opportunities in sectors where demand is high and international support is focused:
- Light Manufacturing (Apparel/Textiles): The sector is Haiti’s most developed manufacturing industry and benefits from preferential trade agreements with the U.S. (HOPE/HELP Acts) and other partners, allowing duty-free access for many garments.
- Agriculture & Agro-processing: Haiti has arable land and micro-climates suitable for diverse products. Investment in modern farming, organic production, processing, and exports (e.g., mangoes, vetiver, cocoa) is a growth area.
- Energy (Renewables): Unreliable grid electricity and high costs make on-site or regional energy production, especially solar power systems, highly in demand for both commercial and residential use.
- Infrastructure: There is a critical need for major projects in housing, road, airport, and telecommunications development.
- Digital Financial Services: Rapid mobile uptake presents opportunities for e-wallets, mobile banking, and other Fintech solutions.
3. Challenges of the Business Environment
International investors must be prepared to mitigate severe risks:
- Security and Political Instability: This is the foremost challenge. Gang violence, kidnappings, and political unrest frequently disrupt business operations, supply chains, and the free movement of goods, leading to significant revenue loss and high security costs.
- Infrastructure Deficiencies: Businesses often need to provide their own solutions for basic utilities due to unreliable electricity and water supply. Poor road infrastructure also increases logistics and transportation costs.
- Corruption and Bureaucracy: Corruption is a significant impediment. Laws can be applied inconsistently, and the judicial process for enforcing contracts is slow and inefficient.
- Economic Fragility: High inflation, currency volatility, and a dependency on foreign aid and remittances create an unstable macroeconomic climate.
- Brain Drain: The emigration of skilled professionals and graduates decreases the availability of high-skilled labor across all sectors.
- Natural Disasters: The country remains highly vulnerable to natural disasters like hurricanes and earthquakes, which can wipe out infrastructure and business assets.
4. Seeking Assistance
Given the complexities, external support is crucial:
- Center for the Facilitation of Investment (CFI): A government body established to support and guide foreign investors.
- Local Lawyers and Consultants: Necessary for navigating the lengthy and complicated registration process, especially for notarization and court-related steps.
- Foreign Embassies and Trade Organizations: They can provide market analysis, risk assessment, and connections to reliable local partners.