Haiti Legal Environment Essay

The Haitian legal environment uses the French Napoleonic Code as a framework for developing laws. “Haiti adopted the French civil law system, including the French judicial structure and codification system. Six codes were enacted between 1825 and 1826: the Civil code, the Code of Civil Procedure, the Commercial Code, the Criminal Code, the Code of Criminal Procedure, and the Rural code. With minor changes, these codes resembled their French antecedents” (nyulawglobal.org). Haiti’s judicial system consists of four levels with the Supreme Court being the highest. Second, third, and fourth levels consist of the Courts of Appeals, Courts of First Instance, and Justice of the peace. These court systems establish a route for adjudication in
Future businesses in Haiti want to ensure that there are legal protections in place that guard them against illegal business dealings. As of late, Haiti has made great strides in shoring up their legal protections for businesses in hopes of driving more companies to the island. Haiti recognizes the fact that if companies do not feel like there are legal ramifications for unjust business practices, companies will shy away from doing business with the country. According to export.gov, “Anti-money laundering and anti-corruption laws were passed by the GOH to ensure that Haiti's legislation corresponds with international standards. In early 2017, the Parliament enacted legislation making electronic signatures and electronic transactions legally binding. Other pieces of legislation that may improve Haiti’s investment climate are pending parliamentary approval, including incorporation procedures, a new mining code, and an insurance code.” These new legislations are helping renew the faith in Haiti’s government and legal system. This in turn will increase the likeliness of businesses headquartering in Haiti or investing in Haitian business opportunities. Another trickle-down effect could an increase in employment opportunities for the Haitian people which could also increase country
A few companies and industries have tried to call Haiti home, but found it difficult due to negative government intervention or civil turmoil. Over the years, Haiti has seen companies such as the Reynolds Metal Company or offshore assembly companies come and go leaving Haitians out of jobs and some out of options. In the past, companies never consider moving their operations or head-quarters to Haiti because of the risks that are involved. As mentioned before, Haiti is very vulnerable to natural disasters and companies are not willing to chance their businesses being exposed to these costly risks. To mitigate risks, the Haitian government is trying to offer tax incentives in hopes of drumming up new businesses for Haiti. At present, the country offers taxable income reductions and tax exemptions that lure businesses to the country. Haiti has never offered tax incentives to foreign businesses in the past, so this a giant step for the Haitian