Decree Establishing the Special Rules and Procedures for Defense or National Security Public Procurement

Decree Establishing the Special Rules and Procedures for Defense or National Security Public Procurement

Summary: A decree of the Conseil Présidentiel de Transition, signed 1 December 2025 and published in Le Moniteur on 17 December 2025, establishing for the first time a dedicated legal framework -- 41 articles across eight chapters -- for public procurement in the defense and national-security domain, implementing the mandate set out in Article 3 of the 10 June 2009 procurement law for a separate regime governing such contracts.
Key Findings
Full Description

This decree, issued by Haiti's Conseil Présidentiel de Transition (CPT) on 1 December 2025 and published as a special issue of Le Moniteur (No. 68-A) on 17 December 2025, establishes special rules and procedures for public procurement in the defense-or-national-security domain, a category the Law of 10 June 2009 on Public Procurement (Article 3) explicitly reserved for separate legislation. The decree's preamble notes that the legislature is currently inoperative and that the Executive is therefore legislating by decree on matters of public interest.

Article 3 sets out the guiding principles -- competition, transparency, ethics and efficient use of public funds. Article 4 defines the key terms: 'autorité contractante,' 'marché public de défense ou de sécurité nationale,' 'personne responsable du marché,' 'spécialiste en marché public' and 'opérateur économique.' Article 5 enumerates the categories of contracts covered, including weapons, munitions and war materiel (whether purpose-built or adapted from civilian use); security equipment involving classified or protected information; related works, supplies and life-cycle support services; studies and expertise tied to defense strategy or protective equipment; and the design, construction or rehabilitation of buildings with a 'sovereign' character, including those housing the security and defense institutions, detention centers, and the offices and residences of the Head of State and Prime Minister.

Later chapters (not reproduced in full here) set out contracting-authority obligations, procedural safeguards and confidentiality requirements, including provision for disputes to be heard in closed session ('à huis clos') given the sensitivity of the information involved. Article 40 provides that implementing modalities are to be set by an arrêté taken in Council of Ministers, and Article 41 repeals contrary laws, decree-laws and decrees. It was signed at the Palais National by the Conseiller-Président (Laurent Saint-Cyr) on behalf of the CPT, the Prime Minister (Alix Didier Fils-Aimé) and the full cabinet. Any obligation, threshold or procedural detail should be verified directly against the decree's text.

Sectors
Geography
Time Coverage
2025 to 2025

How to cite

Transitional Presidential Council of Haiti (CPT), 2025, Decree Establishing the Special Rules and Procedures for Defense or National Security Public Procurement, https://cnmp.gouv.ht/uploads/documents/1768239191_Decret_March___Defenseou_Securit___N_260112_012430.pdf