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Investment Protection

Bilateral Investment Treaties

The investment protection guarantees provided by the 1987 Constitution and the Investment Code have been strengthened by the signing of several international agreements with major exporting countries including USA, France, Great Britain and Germany, who are all committed to ensuring a fair and equitable investment treatment.

These agreements outline just and equitable treatment, national treatment, free transfer of interest, dividends, profits and other income earned by nationals of each country.

  • The investor has the freedom to make all  investment and commercial transactions authorized by the laws and the Constitution.
  • The state refrains from interfering in the activities of private enterprise, except to ensure compliance with laws and regulations.
  • Subject to the provisions of the Constitution, no monopoly can exist for a company whether private or public.
  • When a state or controlled by the state company and a private company (foreign or Haitian) engage in competitive economic activities, the same laws apply to them.

The Haitian investors and foreign investors enjoy the same rights and privileges and equal protection under the law.

Dispute settlement

Litigations are submitted to the Haitian Court. However if provisions for international or national arbitration are found, then different procedures are followed. Arbitration is encouraged and allows avoiding the length of the national court procedures. The Haitian Arbitration and Conciliation Chamber are established to provide mechanisms for conciliation and arbitration in cases of private commercial disputes.

In 2009, Haiti signed and ratified the 1965 Convention on the Settlement of Investment Disputes between states and nationals of other states (ICSID). Investors can seize the ICSID arbitration state in case of litigation with the State.

Investment Guarantee


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


Overseas Private Investment Corporation(OPIC) offers insurance against political risks and financing programs for U.S. investments in Haiti. OPIC financing includes two programs: direct lending and investment guarantees. Direct loans are available to investment projects sponsored by or involving U.S. small businesses. Investment guarantees are available to U.S. eligible investors of any size.

In 1996, OPIC established an on-lending facility with Citibank-Haiti through which the bank loaned to locally investing businesses. In addition, OPIC recently established a new on-lending facility with Citibank available to several Caribbean countries, including Haiti.