Preliminary findings on regulatory issues in the Haiti response operation

Main Challenge: Victims of the disaster needed fast and efficient international disaster assistance, and are still in great need of international disaster assistance

Wrong Aid/ Quality issues Inexperienced international relief personnel Examples of non-essential relief items (such as solar-powered speaking bibles) Inappropriate interventions (such as faith healing)

Lack of compliance with Haitian laws Registration of NGOs: Between 150 to 200 registered with the authorities before the EQ Around 550 registered with OCHA since the EQ Around 7 or 8 registered with the authorities since the EQ

Coordination issues Lack of knowledge of existing and established coordination mechanisms; Lack of coordination with local authorities; Confusion for the beneficiaries; Direct implications for other humanitarian actors

Challenges bringing Humanitarian Aid in Haiti (Phase I – up to 8 weeks) Lack of landing access & slot allocations for airfreight, impact on delays & costs increase to rerouting flights to SDQ (over 72 hrs of no access to Int Airport due to Air bridge operation of US Military forces). Customs open to all, limited customs formality and norms in place-facilitated the entry of the good aid, but also facilitated the entry of the bad aid. Lack of proper control of goods, left over at the open area in the airport tarmac or in the field. Exposed to losses, theft and damages.

Challenges bringing Humanitarian Aid in Haiti (Phase II – over 8 weeks) Congested airport and port. High number of Humanitarian Agencies, congested airport and port (recently operational). Lack of custom authority body/team dedicated to coordinate the clearing process of humanitarian aid Slow custom clearance process – time & cost consuming, impact on Implementation of PoA and distribution of aid to vulnerable people. Average time of clearing process from 3 weeks for relief & shelter items up to 3 months for vehicles (i.e. today relief goods over USD 2 million value are under custom clearing process at the PAP port).

Letter to Ministry of Health (MoH):2 days Letter from Ministry of Finance(MoF)7 days Letter from MoF to Director of Customs 10 days Letter from customs office 5 days Clearance / Delivery 2 days Total 26 days Reception of the original certificate from customs office: from 6 to 8 weeks Average Timeline Sample of custom clearance process (Haiti )

Consequences of slow Custom Clearing Process Delays –dissatisfaction of beneficiaries / programmes and authorities Increased costs – demurrage / detention /warehousing Reputation damage Expiry of goods i.e. medical supplies

Possible solutions: Mechanisms where registered and qualified international actors benefit from lighter customs procedures; Condition the granting of legal facilities to the respect of quality standards and Haitian laws; Customs procedures of Phase I could be adopted in law, with proper adjustments to limit the entry of wrong aid; National Management System of Risks and Disasters and National Plan for Risks Management should be legalized by Parliament.