Understanding the 1989 Decree that binds Nonprofit Organizations in Haiti (Part Four)

Chapter 4Powers and Duties of Non-Governmental Development Assistance

Highlights

Article 23

  • NGOs allowed to operate in Haiti receive the following benefits:
    • Tax exemption status
    • Organization’s duty-free import of any property, donations, and equipment required for the exclusive achievement of their objectives.
    • The customs duty on personal effects of foreign-related organization and authorized to work in the country.

Article 25

  • The NGOs will acquire real estate in Haiti exclusively for the purposes of implementing their programs and projects in accordance with the formalities required by the law governing the matter.
  • Foreign members of their administrative and technical staff remain subject to restrictions imposed by law on immovable property of foreigners.

Article 26

  • NGOs may, in some cases, obtain partial the execution of their projects from the Public Investment Budget.
  • These NGOs are then subject to the provisions of the Law governing the matter.

 

Section 2-Obligations

Highlights

Article 28

Any NGO, in addition to statutory obligations, must:

  1. Comply with Haitian law.
  2. Convey has MPCE via the County Council every year between May 15 and August 31, the program and the investment budget for the next fiscal year.
  3. Open an account at a bank established in Haiti and inform the Coordinating Unit of NGO activities.
  4. Keep records
  5. Present to MPCE via the County Council for Coordination and Supervision of NGO activities at the end of each fiscal year, no later than thirty (30) November a performance report of Programs and Projects.
  6. Submit to MPCE
    1. The consolidated balance sheet of the organization, prepared by a Chartered Accountant
    2. The list of foreigners working in the organization with the residence permit number of each
    3. list of employees subject to tax, with next to the names, the annual amount to be paid and the tax identification number (TIN)
  7. Submit each three (3) months MPCE a copy of the credit advice issued by a bank established in Haiti to certify the deposit currency.
  8. Cooperate with people in areas in which they work and conduct programs and projects subject to term.
  9. Keep the name of the organization painted or affixed in evidence and easily readable character outside each office where she made her operations.
  10. Provide any delegate of the County Council, the Ministries concerned UCAONG or the information, documents or records likely to facilitate control, monitoring, and evaluation under this Decree.
  11. Inform the MPCE via the County Council of any changes made within the management bodies working on Haitian territory.
  12. Notify the MPCE any interruption in the execution of programs of activities.

Problematic/Need for Reform

Article 28

  • Convey has MPCE via the County Council every year between 15 May and 31 August; the program and the investment budget for the next fiscal year.
  • Keep records.
  • Notify the MPCE of any interruption in the execution of programs of activities.

Again, the government is not a board member nor is it a stakeholder. A nonprofit is, of course, obligated to share financial statements to the public and government. Keeping records is easy and…I will state this again…modern technology has not reached Haiti nor the nonprofit sector. To notify the MPCE of any interruption in the execution of initiatives compares to notifying your donors/grantmakers of your actives when the Haitian government does not wear any of those hats. That is, of course, if you received funding through them to execute your project.

Part Five

Advertisements

2 thoughts on “Understanding the 1989 Decree that binds Nonprofit Organizations in Haiti (Part Four)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s