2025-12-12
TALKING POINTS
The seven month constitutional vacuum between February 7 and August 30 creates extreme legal risk for
contracts, permits, licenses, and agreements signed during that period as the transitional government will lack
constitutional authority to enforce obligations or issue binding decisions. The normalization of five-day urban
warfare without government intervention in Port-au-Prince demonstrates that security improvements remain fragile
and reversible with gang territorial control persisting despite international security assistance. The registration
silence and boycott risks indicate potential for electoral results that lack legitimacy creating scenarios where losing
parties refuse to accept transitions or challenge governmental authority complicating business operations
requiring stable institutional partners.
RECOMMENDED DECISION
Suspend major capital commitments and long-term contract negotiations until constitutional clarity emerges on
post-February 7 governmental authority and legal framework. For existing operations ensure all critical
agreements, permits, renewals, and contract amendments are finalized and executed before February 7, 2026 to
Friday, December 12, 2025, 7:00 PM Haiti Time
secure constitutional foundation. Revise security protocols to assume Haitian National Police will not intervene in
gang territorial disputes meaning private security operations must be capable of autonomous protection without
state backup or rapid response. Consider relocating expatriate staff dependents before February 7 given political
uncertainty and potential for institutional instability. Develop scenario plans for operations under unconstitutional
transitional government including legal remedies and dispute resolution mechanisms if government actions during
February through August period are later challenged or invalidated.
Political Actors