Haiti Customs Information
One of the main difficulties reported by the majority of humanitarian organizations operating in Haiti is delayed incoming relief cargo. Complicated and complex customs clearance procedures have in many cases delayed humanitarian aid deliveries. (Examples: in April 2010, upon return to normal customs situation, relief trucks were stuck for 7-10 days at the Malpasse/Jimani border on the Dominican side. To date, the importation of a e.g. vehicle takes several months.)
This is due to a series of inter-linked factors such as the organizations' official registration in country and the number of actors involved in every custom clearance declaration.
Custom fees exemption is indeed granted only to officially registered entities. For non-registered organizations fees can rise up to 40% of the value of the shipment.
First step is then to obtain the registration with the Government of Haiti (Ministry of Plan for NGOs, and the Ministry of Foreign Affairs for International Organizations). Once registered the organization can apply, through the help of the line Ministry, for a “Fiscal Identification Number” at the Directorate General for Taxes (DGI), which will identify the NGO as tax exempted.
However every time an international shipment is received, a request for custom fees exemption, "Requete de Franchise", has to be sent again through the line Ministry, in order to have the franchise granted and to get the procedures started.
Despite the efforts made by WFP, the Humanitarian Coordinator, IFRC and the DPC, an emergency customs code does not exist in Haiti yet, and emergency aid has to follow the regular customs procedures, which are long and not accessible to all responders if those are not officially registered.
For the non-registered actors different solutions might be explored, such as partnership with a registered organization able to submit a customs clearance declaration or the donation of the goods to the Government of Haiti through the DPC.
Duties and Tax Exemption
Emergency Response:
[Note: This section contains information which is related and applicable to ‘crisis’ times. These instruments can be applied when an emergency is officially declared by the Government. When this occurs, there is usually a streamlined process to import goods duty and tax free.]
Agreements / Conventions Description |
Ratified by Country? (Yes / No) |
---|---|
WCO (World Customs Organization) member |
Yes |
Annex J-5 Revised Kyoto Convention |
Not yet, but included in the new Custom Code |
OCHA Model Agreement |
Planned for 2012 |
Tampere Convention (on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations) |
No |
Regional Agreements (on emergency/disaster response, but also customs unions, regional integration) |
A Emergency Response Agreement is not in place yet. Further collaboration between Haitian and Dominican Authorities is planned for 2012 in the frame of contingency planning and simulation exercises. |
Exemption Regular Regime (Non-Emergency Response):
[Note: This section should contain information on the usual duties & taxes exemption regime during non-emergency times, when there is no declared state of emergency and no streamlines process (e.g. regular importations/development/etc.).]
he Haitian Customs Code has been last updated in 1987. A new one has been drafted, taking into consideration the new needs of a global market, but its publication date has not been disclosed yet. Given it was prepared by the previous Government it might not be a priority of the current one, however, if the current draft will be approved, special measures for humanitarian relief shall be included.
Until the new code or special rules will not be adopted, the regular process described above has to be followed.
Organizational Requirements to obtain Duty Free Status |
---|
United Nations Agencies |
To obtain duty free status, an International Organization has to be registered with the Ministry of Foreign Affairs. To obtain official acknowledgement of International Organization status, a basic agreement has to be signed between the organization and the Government of Haiti. At the end of the process an official notification will be then published on the Journal of the Republic of Haiti, “Le Moniteur”. Normally the International Organization status is recognized only to the UN Agencies, Organizations and Funds, and to Organization composed by States. Organizations composed by by citizens (national or internationals) have to be registered with the Ministry of Plan and External Cooperation. Once the recognition is obtained, a request for a “Numero
d’Identification Fiscale” (NIF), can be made to the Ministry of
Finance, through he help of the MoFA. This number will identify the
organization as tax exempted for all future transactions. Once the
organization has received its NIF, which will be the proof of being
an tax exemptioned organization, the organization has to apply for
its “Quitus”. This is a document which states that the organization
has fulfilled all its tax duties. For registered organizations its
just a formality as they have right to be tax exempted, but this
certificate has to be obtained once again from the Direcorate
General of Taxes of the Ministry of Finance through the help of the
Ministry of Foreign Affairs. |
Non Governmental Organizations |
For an NGO to obtain duty free status it has to be registered
with the Ministry of Plan and External Cooperation (MPCE). The unit
who deals with registrations is the Unite de Coordination des
Activites des ONG (UCAONG).
Fill and sign the form prepared by the MPCE (see attached) in original, plus three (3) copies. Provide banking back up certificate in three (3) copies of an amount of minimum 50,000 HTG from a Haitian Bank. For foreign NGOs provide three (3) original copies of the Recognition Act of the country of origin, delivered by the home country authorities, duly legalised by a consulate of the Republic of Haiti. The Statute of the organisation must include:
A third of the members of the local branch of foreign NGOs have to be Haitians. For the foreign organization, a letter authorising the delegates operating in Haiti for the recognition process has to be sent from the organization's HQ. Once the NGO obtains official authorization to work in Haiti (Communiqué Conjoint), the organization can apply for a (NIF) at the Ministry of Finance through the help of the MPCE. This number will identify the organization as tax exempted for future transaction. Once the NGO has its NIF, the proof of being a tax exempted organization, the organization has to apply for its Quitus. This is a document stating that the organization has fulfilled all its tax duties. For registred NGOs its just a formality as they have right to be tax exempted, but this certificate as to be obtained once again from the Direcorate General of Taxes of the Ministry of Finance through the help of the MoFA. To be able to import and export, an organization has to obtain the "Quitus - type B”. Every time a customs declaration is being prepared, a copy of the Quitus has to be attached. The Quitus Fiscal has to be renewed every six (6) months. The Ministry of Plan has to send the request to the Ministry of Finance on behalf of the organization. |
Exemption Certificate Application Procedure:
There is no “Exemption Certificate” as such. The fact that the International Organization or NGO is tax exempted is proven to the Government Official through the Organization's NIF.
However, every time a customs declaration is presented, the "Quitus - type B” has to be included. This is the proof that the organization has accomplished all its tax duties (just a formality as tax exempted) and is authorised to export and import.
For every incoming shipping a special customs duties exemption request has to be done, the “Requete de Franchise”, a franchise request
Customs Clearance
General Information
After the registration process is completed, the tax-exempted NIF and the "Quitus - type B” obtained, an orgnization will be able to present its Customs Declaration for every incoming shipment (air, road, sea). The Customs Declaration is a form that can be filled and presented at the Ministry of Finance only by an authorized and registered customs broker (see attached list). The organization has however to provide the chosen customs broker with the full set of documents necessary for the process he/she will be doing on behalf of the organization, including the “Requete de Franchise”, which is the letter requesting the customs duties exemption. This letter is the first step to be done for every Customs Declaration. The letter has to be addressed and duly signed (recognized signature) by the organization to the Line Ministry (MoFA for International Organizations and Ministry of Plan for NGOs), and has to contain all the details of the shipment, including B/L number, description of the items and value. Once the letter is ready it has to be attached to the shipping documents and given to the custom broker who will follow up on the process on behalf of the organization.
Customs Information |
|
---|---|
Document Requirements |
|
Embargoes |
n/a |
Prohibited Items |
n/a |
General Restrictions |
n/a |
Customs Clearance Document Requirements
Food | Shelter,Wash and education | Medicines | Vehicles and Spare parts | Staff and office supplies | Telecoms equiment | |
---|---|---|---|---|---|---|
Customs Declaration
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Invoice
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
AWB, BoL, or Other Transport Documents
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Donation Non-Commercial Certificate
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Packing List
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Quitus Fiscal
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Distribution Plan
|
Yes
|
Yes
|
Yes
|
n/a | n/a | n/a |
Joint Communique (For NGOs)
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Vehicle Title
|
n/a | n/a | n/a |
Yes (if Used)
|
n/a | n/a |
Transit Regime
N/A, Haiti is not part of a corridor.
For information on Haiti Customs, please see the following documents and links:
Haiti Customs Administration Website
Code Douanier Haiti 5 Mai 1987
Haiti Formalites a remplir pout l'obtention du Statut Legal ONG
Haiti Ministry of Finance Administrative Procedures- Custom fees exemption
Haiti Additional
Information for Customs Clearance
Note: The information provided in the attached documents, which has been taken from the old DLCA, does not match the structure of the new LCA and is therefore provided separately.
For information on Haiti Customs contact details, please see the following link: