Haiti -- Travel Rule Implementation Regulatory Overview

The implementation of the FATF Travel Rule in Haiti is not yet established through specific legislation or regulation for Virtual Asset Service Providers (VASPs). Haiti, like other member states of the Caribbean Financial Action Task Force (CFATF), is expected to implement FATF recommendations, but its legal framework for virtual assets (VAs) and VASPs is still in development.

Here's a breakdown based on the latest available information, primarily from CFATF mutual evaluation reports:

• Whether Adopted:

  • No. Haiti has not yet adopted a comprehensive legal and regulatory framework specifically governing Virtual Assets (VAs) and Virtual Asset Service Providers (VASPs), including the FATF Travel Rule. The existing Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) laws do not explicitly cover VASPs.
  • The CFATF 4th Round Enhanced Follow-Up Report & Technical Compliance Re-Rating of Haiti (2023) explicitly states that Haiti has not addressed Recommendation 15 (New Technologies – covering VAs and VASPs) and that there is no legal framework for the licensing, registration, or supervision of VASPs for AML/CFT purposes.

• Effective Date:

  • Not applicable, as the framework for VAs/VASPs, including the Travel Rule, has not been adopted.

• Threshold Amounts:

  • Not defined, as the regulatory framework is not in place. The FATF Travel Rule typically applies to transactions above a de minimis threshold (e.g., USD/EUR 1,000).

• Which VASPs are Covered:

  • Not legally defined or explicitly covered under existing Haitian law. While the FATF definition of a VASP would conceptually apply (any natural or legal person who, as a business, conducts one or more of the following activities or operations for or on behalf of another natural or legal person: exchange between VAs and fiat currencies; exchange between one or more forms of VAs; transfer of VAs; safekeeping and/or administration of VAs or instruments enabling control over VAs; and participation in and provision of financial services related to an issuer's offer and/or sale of a VA), these entities are not yet subject to specific AML/CFT obligations in Haiti.

• Technical Implementation Requirements:

  • Not specified or required, due to the absence of a legal framework.

• Penalties for Non-Compliance:

  • Not specifically applicable for Travel Rule non-compliance, as the rule is not legally binding in Haiti for VASPs.
  • Haiti's general AML/CFT law, the Loi du 11 novembre 2016 (relative à la lutte contre le blanchiment d'argent et le financement du terrorisme), applies to traditional financial institutions and designated non-financial businesses and professions (DNFBPs). Penalties under this law would apply to those entities for non-compliance with their respective obligations, but not currently to unregulated VASPs.

Relevant Legislation and Guidance:

• Loi du 11 novembre 2016 relative à la lutte contre le blanchiment d'argent et le financement du terrorisme (AML/CFT Law of Haiti): This is Haiti's main AML/CFT legislation, but as noted, it does not explicitly cover VASPs.

  • Finding a direct URL for the official Haitian text of this law can be challenging, but it is referenced in all CFATF reports.

• CFATF 4th Round Enhanced Follow-Up Report & Technical Compliance Re-Rating of Haiti (2023): This is the most authoritative public source on Haiti's compliance with FATF Recommendations, including its status regarding virtual assets.

  • URL (CFATF Website): You would typically find this on the CFATF website under "Mutual Evaluations" for Haiti. For example: https://www.cfatf-gafic.org/ (You would need to navigate to the specific report for Haiti, often found under "Documents" or "Mutual Evaluations"). A direct link to the PDF is often not static, but searching for "CFATF Haiti 2023 follow-up report" will lead you to it.

In Summary:

Haiti is significantly behind in implementing the FATF Travel Rule and the broader regulatory framework for virtual assets and VASPs. The CFATF has consistently identified this as a major deficiency in its evaluations, and it remains an area requiring substantial legislative and regulatory action from the Haitian government.