Press Release - Intriago

You might also like

Download as pdf
Download as pdf
You are on page 1of 43
LACAYO LAW August 4, 2021 FOR IMMEDIATE RELEASE Our firm has been retained to represent Mr. Antonio Intriago regarding the ongoing investigation into the events that have occurred in Haiti and the United States since the July 7, 2021 tragedy involving the late President Moise. Mr. Intriago had no knowledge of and no part in the tragic events that took place on July 7, 2021. Mr. Intriago bears no legal responsibility either here in the United States or in Haiti, Mr. Intriago was the victim of an elaborate scheme by Haitian individuals to assume power in Haiti through an agenda and actions that Mr. Intriago was unaware of until after the events of July 7, 2021. Dr. Christian Sanon and James Solange and other Haitian individuals, holding themselves out as international investors, mayors, religious leaders and powerful politicians, visited CTU Security and held meetings pitching the redevelopment of Haiti through infrastructure projects that would provide a better quality of life for the Haitian people. Mr. Intriago was led to believe this was a redevelopment and humanitarian project led by Dr. Sanon and others for the betterment of the city of Jacmel. See attached Exhibit “A”. There were various meetings held with these Haitian officials with promises that Mr. Intriago and CTU would be integral in providing security for the projects and able to participate in the profits eventually generated when the projects came to fruition. ‘Mr, Intriago was so taken with the projects that he had a business associate, Mr. Arcangel, call individuals at the US government to get assurances that the business dealings were legitimate. Mr. Arcangel represented himself to have worked for and to still have a long term working relationship with the FBI and invited agents to visit the office of CTU on a number of occasions and the agents were made aware of the actions of CTU and the upcoming business plan, Whenever Mr. Intriago questioned the legality of providing security services for Dr. Sanon or anyone else in Haiti, Mr. Arcangel called his FBI contacts and Mr. Intriago became confident that the United States government knew exactly what was taking place in Haiti, Mr. Intriago believe in Dr. Sanon’s honest intentions since he provided a document indicating he had public support. See attached, Exhibit “B” Mr. Intriago did not train any individuals the media has labeled as “mercenaries”. These individuals were retired Colombian soldiers that work as contractors for private security services throughout the world, These individuals were located and retained as security for Dr. Sanon by Mr. Arcangel. Mr. Intriago did not provide any weapons to anyone in Haiti, At the time of President Moise’s murder, Mr. Intriago thought that his unarmed security contractors were still awaiting official security and firearms permits from the Haitian police. Mr. Intriago was not in any way involved in the plotting to or killing of President Moise. Just prior to the tragedy, Mr. Intriago was informed that the security team had a change in direction and were being requested to accompany a judge, who would go along with Haitian police while the warrant was served upon President Moise. Mr. Intriago requested a copy of the arrest warrant and received the same. See attached Exhibit “C”. The request for assistance in providing security during the service of the arrest warrant was made directly by Judge Windell Cog and District Attorney Gerald Norgaisse See attached Exhibit “D”. The security contractors had no part in the death of the president, They were told that their role was to guard the officials while Haitian police effectuated the arrest warrant under the jurisdiction of Judge Windelle Cog and Gerald Norgaisse. When they entered the presidential residence, they found the president deceased, his wife wounded, and the house ransacked. It is our belief that the president's own body guards betrayed him. Mr. Intriago was in Texas with his family at the time of President Moise’s murder and immediately returned to Miami and began cooperating with Homeland Security agents and turned over his telephone and electronics. When the agents returned another day with a search warrant, Mr. Intriago tumed over his keys to his business with all alarm codes and willingly let the agents in his home and business. Mr. Intriago continues to cooperate and his defense team is in regular contact with attorneys and agents of the United States. Mr, Intriago has do nothing wrong and engaged in no criminal activity. He was unaware of any internal or external assassination plot of President Motse. He was under the belief that he was becoming involved in a redevelopment plan for the people of Haiti and believed that the plan had the approval of the United States government and was done with full knowledge of the US government. The defense team believes that, once completed, the investigation by the United States will completely exonerate Mr. Intriago. The defense team investigation is ongoing and extensive and additional information will be released when our investigation has concluded. Gifbert6 Lacayo, Esquire 1G. Tesmond, Esqui Lacayo, Esquire Lacavo LAW FIRM, P.A. 1000 NW 57 CouRT, SUITE 250- MIAMI, FLORIDA 33126 PHONE: 786-671-4878 - Fax: 888-786-4506 LAcAYOLAWFIRM.COM EXHIBIT “A” JACMEL SOLAR INFRASTRUCTURE FRAMEWO) SREEMENT THIS FRAMEWORK AGREEMENT (Agreement) is made as of the 15 day of April, 2021, by the Mairie De Jacmel, Commune of Jacmel, hereinafter referred to as Host, and EoS Organization LLC, hereinafter referred to as Developer. WHEREAS, the Host desires to receive solar electricity generated by a utility scale solar System within the Commune of Jacmel for the purpose of meeting renewable energy goals, providing clean energy, and providing low cost energy under current market rates; WHEREAS, the Host seeks to develop solar capacity that it can utilize at a cost no higher than twenty (20) cents per kilowatt hour of energy ($0.20/kWh) WHEREAS, the Host seeks to spend no more than $50 Million USD in capital expenditures to build such solar capacity - and ideally seeks to spend zero ($0) in capital outlay; WHEREAS, the Host manages and governs the Commune of Jacmel within the Republic of Haiti and in particular, can provide land leases, grants, tax abatements, and other incentives to ‘operate a large solar generation facility no smaller then 30 hectares in size hereinafter referred to as the “Site”; WHEREAS, the Host maintains the ability to lease and grant the Developer with any lands, water rights, other property rights, tax abatements, or other incentives necessary for construction, operation, or protection of the solar generating system; WHEREAS, the Developer desires to use the Site for the purpose of constructing and operating a System to generate solar electricity - built and maintained by citizens of Jacmel - for use by the Commune of Jacmel and it's citizens; WHEREAS, the Developer has the general ability to develop energy infrastructure projects up to and in excess of $250 million USD accompanied with third party partners; WHEREAS, the Developer, in its capacity as project builder and system operator, is subject to all international, federal, state, and local environment, safety, and health requirements applicable to non-federal entities as defined by federal, state, and local law and will conduct system installation, operation and maintenance work in accordance with Host’s environmental, safety, and health performance standards, WHEREAS, the Developer may enter into agreements with third parties for financing installation, operation, and maintenance of a solar generating System; WHEREAS, the Host, and the Developer desire to establish protocols to coordinate projec activities and assure that access to the Site for the installation, operation, and maintenance of a solar generating system conforms to Host's standards; NOW, THEREFORE in consideration of the mutual agreements and covenants hereinafter contained, the Host hereby grants to the Developer and to its successors and assigns, a +e— Agreement to utilize for the purpose of installation, construction, maintenance, alteration, repair, replacement, reconstruction, and operation of a Solar Generation System, hereinafter referred to as the "System," on the Site, and Host will reasonably cooperate in the acquisition ofa suitable site within the Commune of Jacmel for said purpose. All parties to this Agreement expressly acknowledge that the Agreement granted herein is effective only to the extent of the rights held by the Developer in the Site upon which the System is to be constructed and binding only as to the parties to this Agreement ‘The Host has determined that the granting of this Agreement will not be adverse to the interests of the Commune of Jacmel and is compatible with the public interest; subject to the following covenants, conditions and restrictions: GENERAL PROVISIONS 1. Term and Termination ‘A. This Agreement shall be effective upon execution and shall continue for a period of 35 years from the effective date of this Agreement. The term of this Agreement may be extended at the end of the first term, with the Developer's intent expressed in writing, by an additional 35 years, and may continually be extended in 35 year increments based on the option for the Developer to continue providing clean, renewable, market rate energy. B. Subject to the notice requirement in Paragraph C, this Agreement may be terminated, in whole or in part, for any of the following reasons: 1. Host’s noncompliance with the terms of the Agreement; 2. Expiration of two (2) years of non-use of the Agreement for the purpose or Purposes granted; 3. Abandonment of the Agreement by Developer; 4, At any time by mutual consent of the Host and Developer, expressed in writing; C. In the event the Host initiates termination for noncompliance, the Host shall provide the Developer, or its successors or assigns, written notice of its intent to terminate the Agreement accompanied with a written consideration outlining and identifying the noncompliant behavior or lack thereof. Developer shall have one hundred and twenty (120) days, or such additional time as provided by the Host, after receipt of the notice of intent to terminate, to come into compliance with the terms hereof, to the reasonable satisfaction of the Host. If the Developer fails to come into compliance within the cure period, this Agreement shall terminate at the expiration of the period provided for cure te 2. Construction, Installation, Use, Operation and Maintenance ‘A. All work incident to the design, construction, installation, use, and operation of the System ‘on the Site shall be performed by the Developer. B. All work connected with the construction, installation, use, maintenance and operation of the System by the Developer as contemplated by this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations governing worker health and safety and in accordance with Host’s environmental, safety, and health performance standards. C. The System will be owned and operated by the Developer at its sole cost and expense. Any repair or maintenance of the System will be completed by or for the Developer, at its sole cost and expense, for Developers benefit as legal and beneficial owner of the System D. Host shall not directly or indirectly cause, create, incur, assume or suffer to exist any Liens on or with respect to the System or any interest therein. If Host breaches its obligations under this Section, it shall immediately notify Developer in writing and shall promptly cause such Lien to be discharged and released of record without cost to Host. E. Host and Developer each shall notify the others within seventy-two (72) hours following their discovery of any material malfunction in the operation of the System or of their discovery of an interruption or planned interruption in the supply of Energy Services. Host and Developer shall each designate personnel and establish procedures to provide notice of such conditions requiring Developer's repair or alteration at all times, twenty-four (24) hours per day, including weekends and holidays. Host and Developer each shall notify the others upon the discovery of an emergency condition in the System. If an emergency condition exists, Developer shall immediately dispatch the appropriate personnel to perform the necessary repairs or corrective action in an expeditious and safe manner. 3 Interconnection and Data ‘A. The Developer shall be responsible for executing an Interconnection Agreement with utility pursuant to utility's requirements for non-utility generators. B. The Host shall have access to System performance data through a website provided by the Developer. Use of data is for the exclusive purpose of administering this Agreement, including verification and validation of production data. Host agrees that the data may be used for additional purposes in collaboration with the Developer. System performance data shall be real time, twenty-four hours a day/seven days a week ("24/7") access and include at ¢ minimum solar irradiance, DC power, AC real power, AC current, AC voltage, ambient air temperature, PV Module Temperature and AC energy. 5, Solar Access Agreement A. Host hereby grants to the Developer a solar access Agreement providing unobstructed access Po to the sun from the Site. This solar access Agreement is subject to all existing buildings, structures, flora, and experiments which shall not be considered as interfering with Developer's t— access to the sun. Host agrees to prevent other buildings, structures or flora within its control from overshadowing or otherwise blocking access of the sunlight to the System and subsequent reduction in System electricity production. 6. Host’s Indemnity Host agrees that it shall indemnify and bold harmless Developer from and against any and all Losses incurred by the Developer’s Indemnified Parties to the extent arising from or out of the following: (2) any claim for or arising out of any injury to of death of any Person or loss or damage to property of any Person to the extent arising out of Developer's negligence or willful misconduct, or (b) any infringement of patents or the improper use of other proprietary rights by Developer or its employees or representatives that may occur in connection with the performance of the Installation Work, Energy Services, System Operations and the ‘ownership and use of the System. Developer shall not, however, be required to reimburse or indemnify any Host Indemnified arty for any Loss to the extent such Loss is due to the negligence or willful misconduct of any Host Indemnified Party. 7. Developer Performance ‘The failure of the Developer to insist in any one or more instances upon strict performance of any of the terms, covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment of the Developer's right to the future performance of any such terms, covenants, or conditions and the Developer's obligations with respect to such future performance shall continue in full force and effect. 8, Host Reservations A right is reserved by the Host, its agents, employees, or representatives to enter upon the Site for the purpose of inspection, provided that the Host will provide Developer with one hundred and twenty (120) hours notice, except in event of emergency, in which case Host will give such notice as is practicable under the circumstances. 9. Insurance All insurance required of the Developer on the Site shall be for the protection of the Host and the Developer against their respective risks and liabilities in connection with the Site. Insurance shall be in such form, for such periods of time, and with such insurers as the Host may reasonably require or approve. A certificate of insurance or a certified copy of each policy of insurance shall be furnished to the Host prior to use of the Site. The Host agrees that not less than thirty (30) days prior to the expiration of any insurance required by this Agreement, it will furnish to Host a certificate of insurance or a certified copy of each renewal policy to cover the same risks. During the term of this Agreement, the Developer shall ensure thet its activities, Bs well as the activities of all contractors at whatever tier performing auy construction, operation, maintenance, repair, or replacement on the Site shall, prior to initiating such work, provide proof of and maintain the following insurance in such companies and on such terms satisfactory to the Host 12. Transfers and Assignments ‘The conditions of this Agreement shall extend to and be binding upon and shall inure to the heirs, representatives, successors, and assigns of the Host. 13. Force Majeure ‘A. Force Majeure. If either Party is prevented from performing one or more of its non ‘monetary obligations under this Agreement due to a Force Majeure Event, the Party unable to perform shall promptly notify the other Party in writing specifying in reasonable detail the nature of the Force Majeure Event and its expected duration. The affected Party shall ‘use commercially reasonable efforts to avoid or overcome the Force Majeure Event with the least possible delay. If a Force Majeure Event is anticipated to prevent a Party from performing its obligations under this Agreement for a period of nine (9) months or more, the Parties shall meet to determine the appropriate course of action. B. Force Majeure Event. If either Party is unable to timely perform any of its obligations (other than payment obligations) under this Agreement in whole or in part due to a Force ‘Majeure Event, that Party will be excused from performing such obligations for the duration of the time that such Party remains affected by the Force Majeure Event; provided, that such Party uses commercially reasonable efforts to mitigate the impact of the Force Majeure Event and resumes performance of its affected obligations as soon as reasonably practical. The Party affected by the Force Majeure Event will notify the other Party as soon as reasonably practical after the affected Party becomes aware that itis or will be affected by a Force Majeure Event. If the Force Majeure Event occurs during the ‘Term and impacts the ability of the System to deliver electricity to the Delivery Point, the Term will be extended day for day for each day delivery is suspended due to the Force Majeure Event. C. “Force Majeure Event” means any event or circumstance beyond the reasonable control of and without the fault or negligence of Developer, including, without limitation, failure or interruption of the production, maintenance, operations, delivery, or acceptance of electricity due to: an act of god; war (declared, undeclared, or civil war - war being defined as violent fatal engagement of two seperate, engaged parties exceeding one week in duration); sabotage; piracy; riot; insurrection; protest; civil unrest or disturbance; military coup; guerilla action; terrorism; bombing; economic sanction, embargo, or fines; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; tsunami caused by an earthquake; abnormal weather condition or actions of the elements; hurricane; flood; + lightning; wind; drought; animals; the binding order of any Governmental Authority; failure to act on the pari of any Governmental Authority (including, without limitation delays in permitting not caused by actions or omissions of the Party seeking such permit); unavailability of electricity from the utility grid; and feilure or unavailability of equipment, ‘supplies or products outside of Developer's control or due to a Force Majeure Event. D. Definitions and Interpretation. Unless otherwise defined or required by the context in which any term appears: (i) the singular includes the plural and vice versa, (ii) the words “herein,” “hereof” and “hereunder” refer to this Agreement es a whole and not to any particular section or subsection of this Agreement, (ji) references to any agreement, document or instrument mean such agreement, document or instrument as amended, restated, modified, supplemented or replaced from time to time, and (iv) the words include,” “includes” and “including” mean include, includes and including “without limitation.” The captions or headings in this Agreement are strictly for convenience and will not be considered in interpreting this Agreement. As used in this Agreement, “dollar” and the “S” sign refer to United States dollars. 14, Amendment ‘This Agreement may not be amended or superseded except by an agreement in writing executed by the Developer. Provided, however, if technical adjustments or revisions to the legal descriptions or depictions of the Site are necessary after the execution of this Agreement and provided the Host and Developer hereto mutually agree in writing as to such revisions, then revised legal descriptions and depictions may be attached to this Agreement as new exhibits, and in such event formal amendment of this Agreement shall not be necessary. 15. Warranty of Authority and Representations The signatories warrant thet they have full right and authority to enter into this Agreement. Host represents that there are no existing encumbrances related to the Site. ‘Host represents that the Site are free of Hazardous Materials and further acknowledges its responsibility to mitigate the impacts associated with pre-existing Hazardous Materials. 16. Governing Law This Agreement, its validity, construction and all rights hereunder shall to the extent possible, be governed by Federal law and regulation. In the event of a dispute, Host and Developer agree that before filing any action in court, they shall put forth a reasonable good faith effort and attempt to resolve any dispute arising out of or relating to the Agreement through negotiation between representatives of the Host and Developer who have authority to settle the controversy, Host and Developer agree to venue in the appropriate Feder=! thin the United Stat a SITE ACCESS PROVISIONS 17. Project Planning and Execution ‘A, Developer shall collaborate with Host to define and execute a comprehensive and efficient project management and execution plan. The plan will address the construction, installation, commissioning, interconnection, readiness verification, operations, and maintenance phases including a risk-graded approach to address hazards, hazard mitigation and inspections. B, Developer shall make available to Host all relevant technical schematics, drawings, and specifications necessary for interconnection of the System to the existing electrical system, C. Developer shall take all reasonable steps necessary to reduce the impact on Host's on- ‘going operations during construction and operation. D. Developer is responsible for all work performed on the Site and the delivery, storage, security, and disposition of all materials delivered to the Site until completion of the installation and during maintenance and operation of the System in accordance with Host’s environmental, safety, and health and security and access control performance standards. 18. Environment, Safety and Health Management A. Developer shall assure the Host that its designated on-site environment, safety and health (ES&H) manager is knowledgeable in applicable federal, state and local ES&H requirements. Developer shall assure Host that its contractors and employees are trained in, familiar with, and comply with Host’s ES&H policies, procedures and standards. B. Developer shall suspend operations atthe Site and immediately notify Host if unanticipated conditions are encountered that present a possible ES&H exposure (¢.g., imminent danger, suspected hazardous materials, accidental release of hazardous material, possible archaeological sites). Developer must inform all its workers and contractors that they have stop work authority when these conditions are encountered. C. Developer shall conduct activities on the Site within the scope of any Fire Protection Practices in accordance with Host’s environmental, safety, and health performance standards. D. Developer shall take all necessary and reasonable safety precautions with respect to providing the Installation Work, Energy Services, and System Operations that shall comply with all applicable laws pertaining to the health and safety of persons and real and personal property in accordance with Host’s performance standards. Developer shall comply with applicable State and local standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State and local standards are more stringent than Federal standards for similar projects. 19. Permits and Responsibilities 4 Developer, without expense to Host, shall be responsible for obtaining any necessary permits. If Host is the permitting authority, Host shall execute any Agreements, and issue and permits, as quickly as reasonably possible without expense by Developer. Subject to the remaining provisions of this Agreement, Developer shall notify Host in writing of the Commercial Operation Date within two hundred and seventy (270) days of execution 20. Notices of Violation or Alleged Violations, Fines, and Penalties ‘A. Developer shall immediately notify the Host of any notice it may receive regarding Notice of Violations (NOV) or Notice of Alleged Violations (NOAV) issued by federal, state, or local regulators associated with the Developer's installation, operation, and maintenance of the System. B. Developer shall accept all responsibility, including payment, for valid fines and penalties issued by federal, state, or local regulators resulting from the actions of Developer, its agents, representatives, or invitees for acts or failures to act after the effective date of this Agreement. 21, Site Access, Access Control, and Security ‘A. Developer shall ensure the security of the System in accordance with its standard security procedures and operations on the Site. B. Developer shall ensure any system design and operation reduces nuisance to the lowest level achievable within safety and security considerations. C. Host shall adhere to access control procedures required by Developer and Developer's security and access control performance standards. 22. PURCHASE AND SALE OF ENERGY SERVICES; OPERATION OF THE SYSTEM. ‘A, Purchase and Provision Energy Services. During the Term, commencing on the Commercial Operation Date and continuing throughout the remainder of the Initial Term and each Additional Term, Developer shall install, operate, and maintain the System on the Site and provide related, ancillary services including energy production cay (collectively, the “Energy Services”), all as provided in this Agreement. In consideration of the provisions of the Energy Services, Host shall pay the Developer a fixed rate per unit of energy generated as described in Exhibit B as the “Energy Fee”. Developer is not a utility or public service company and does not assume any obligations of a utility or public service company to supply requirements. Developer shall be entitled to receive all System Attributes. Developer shall be the sole, exclusive, and perpetual entity by which the Host purchases energy services. 23, DEFAULT, REMEDIES AND DAMAGES. ‘A. Default. Any Party that fils to perform its responsibilities as listed below or experiences any of the circumstances listed below is deemed a “Defaulting Party”, the other Party is the “Non-Defaulting Party” and each of the following is a “Default Event”: ye NOW, THEREFORE, the Parties hereto have entered into this Solar Infrestructure Framework Agreement as of the date first appearing above. Host Developer President de la Commission, EoS Organization, a Delaware Limited Liability Company By: Name: Title: EXHIBIT “B” REPUBLIQUE D’HAITI HAITI NOUVEL ETAT NATION Memorandum of Understanding for the refoundation of the Republic of Haiti between personalities and leaders of the active political class, organized civil society, and the religious sector and Cults Main objective: Achieve a double political and reforming transition of the State of Haiti Joint statement on the Haitian political crisis Considering that the end of the constitutional mandate of President Jovenel MOISE at the Supreme State Magistracy leads to the vacancy of the Presidency of the Republic, in accordance with articles 134.2 and 134.3 of the Constitution of March 29, 1987 amended on May 9, 2011; Considering the absence of constitutional and legal provisions to provide for his replacement; Considering that the current Haitian crisis is knowingly political and requires a political solution; Considering that there is urgency and peril in the remainder, given the dysfunction of the country's institutions and the rampant insecurity that citizens face every day; Considering that the Republic of Haiti is facing unprecedented political and administrative problems; Considering in such a case, civil society and large organized groups must mobilize to ensure the future of the country in solidarity, harmony and peace; Considering that the State must respond to the demands of its people without any conditions; Considering that the Legislative Power as co-depositary of National Sovereignty and guarantor of Good Governance is dysfunctional; Considering that the country finds itself in an exceptional situation and, in such circumstances, we must take exceptional measures in order to create the conditions allowing us to return, at the appropriate time, to constitutional legality; Considering that the collective ideal of the Haitian people indicates that there is still time to put the country back on democratic tracks, and reminds all the living forces of the nation of the need to come together and unite for restoration state authority; Considering that this Memorandum of Understanding for the safeguard of the national sovereignty and the unity of the Haitian people, fundamentally aims at the establishment of a New Nation State; and, Aware of the imperative need to ensure without delay the return to a stable security and socio-political environment, which allows all citizens, nationals and foreigners, to devote themselves freely and fully to their personal and professional activities in serenity and peace, and to create the necessary conditions aimed at paving the way for the future elected leaders of the country, who have the noble responsibility to continue the work of building a new inclusive, modern, just, prosperous and democratic Haiti. After extensive consultations between leaders of the active political class, groups and personalities of organized civil society, religious leaders, the private business sector, the trade union sector, it was decided as follows: Article L- The undersigned, after important discussions focus on the Reverend Pastor and Doctor Christian Emmanuel SANON to ran for the post of President of the Republic and Head of State as part of a breakthrough transition, including the mandate will be for a maximum period of three (3) years; Article II The President of the Republic, once invested in his functions, chooses his Prime Minister from a list of three personalities proposed by the actors of the lifeblood of the company, within a period not exceeding seventy-two (72) hours ; Article I- Immediately after his installation, the Prime Minister enters into consultations with the various actors of civil society, the active political class and other parties concerned by the Political Agreement for the formation of his government, Article IV.- It should be emphasized that this Government of the transitional rupture counts in the first rank of the major demands of the Haitian population, in particular in matters of justice and security; Article V- This transitional Government for the refoundation of the Republic of Haiti sets itself the fundamental mission of setting up a system of management of the affairs of the State based on ethics and free of all dubious justifications. Thus, all Ministers, Secretaries of State and other senior officials of the public administration will strive, through their behavior, and in their choices of decision and action, constantly aiming for the following values and moral principles: Spirit of service, patriotic sense, obligations of results, integrity, concern for consistency and efficiency, culture of ethics and accountability; Article VI. - The Haitian Parliament being dysfunctional at the end of the mandate of all the Deputies of the 50th Legislature and 2/3 of the Senate, on January 13, 2020, it was decided to set up an Advisory Board of control composed two (2) Representatives per geographic department and five (5) Representatives of the Haitian Diaspora (2 from the United States of America, 1 from Canada, 1 from South America and 1 from the Dominican Republic). Hence a total of twenty-five (25) members. The rule of 30 percent female attendance will be respected. The Consultative Council participates in the Government's decision-making processes at all stages, in relation to public policy choices and approves them Article VII- A consensus will be found between the sectors necessary for the holding of a Haitian National Conference on the refoundation of the State of Haiti. Article VIIL- This present Memorandum of Understanding comes into effect upon signature. Done in Port-au-Prince in several original copies on February 07, 2021 For Political Parties, representatives of civil society, the trade union sector, religious groups, the private business sector, human rights organizations, peasants farmers and other stakeholders: Article Vi= Ce Gouvernement de transition pour Ie efendation de la République c'Hatt se donne pour mission fondamentale de mettre sur pied un systéme de gestion des affaires de I" Btat fond sur Péthique et en dehors de toutes justifications douteuses. Ainsi, tous les Ministes, Secrétaires d'Btat et autres Cadtes supérieurs de 'administrtion publique s'efforceront, par leurs comportements, et dans leurs choix de decision et dacton, d'eppliquer constamment les valeurs ct principes moraux suivants : Esprit de service, sens patrotique, obligations de résultats, intégrit, souci de echérence et d’efficacité, culture de éthique et redition de comptes, Article VI- Le Parlement hatien étant dysfonctionnel au terme du mandat de l'ensemble des Députés de la SO&me Législature et des 2/3 du Sénat, le 13 janvier 2020, il a été décidé de mettre sur pied un Conseil Consultatif de contréle composé deux (2) Représentants par département séographique et trois (2) Représentants de la Diaspora Hattienne (la régle de 30 pour cent de présence féminine sera respectée). Le Conseil consultatif participe aux processus de décisions du Gouvernement & toutes les étapes, en relation avec des cholx de politiques publiques et les ‘approuve. Article VIL- II sera trouvé entre les secteurs un consensus nécessaire en vue de la tenue dune Conférence nationale hattienne sur la refondation de "tat dHaiti. Article VIIL.- Ce présent Protocole d’Accord entre en application dés sa signature. Fait & Port-au-Prince en plusieurs exemplaires originaux, le 23 janvier 2021 Pour les Partis Politiques, des représentants de la société civil, du secteur syndical, des Groupes religieux, du secteur privé des affaires, des organisations des droits humains, des paysans - agriculteurs et d'autres parties prenantes : Partis politiques ids Signature Institutions: Représentants 1 “Fl Os = Pe rde bebrouree : { : Sistah 9656 Autres parties prenantes et Personual ités Institutions Représentants Signature MH weniiies alata #38 | S79—-SI3L 1 tC AS ps ladle * fos 1t/9 ie. aa) i/o. Teouse der Coral i son Conf mation = "/0 Lcomsaitles i > i Autres parties prenantes ei Personnalités Institutions Représentants Signature \ Cerol vation) de mane Mmercetia Jutewl = Alp ‘Autres parties preuautes ol Personal ites Tnstivtions Repré Sigeatore Feviver'e, Soci brnetl Vi elo \ Consaltont Canady Yai | prichel foseyh vow ‘ spect Le Deserts Cog sien [| alae aati tee Lapis Ae. Losi 7 [Peyetolecue, Meet foi ha > ASseCAT ot Hobti ETHNIQUE des INTiArEeWes at Avtec Peek essioWELS 4, l4 SAME a - SS sye. Copetine é civil Institutions Représentants Signature Institutions Représentants Signature De willy louis At willy louls Date Aujourd'nui a 12:56 PM Société civile ceo ease = - ee a ar arae A a 5 Aw wu) [Action Ta pact Bx Valeou | _ AL Dev Quis em | UNION bes Seuves | ProGaessisres Pe Le ie _Gillg YE CEN Te lisarit IY eh NAL CUS-PD.D.N) Secteur syndical Institutions Représentants Signature Institutions Représentants Signature ‘Secteur syndical Institutions Représentants 1 + | J aes da Tastitotions Teprésentants Sigaatuy oy tr r i520 %, cee m0 y 7) Hit, Gear iD a 1p 61a penal reel" —_Syptofnp» * tle UDBu Spi [tJavors Vosou dAy,TI panto, lwayorr Vading dby th Grate Team Re ‘Secteur syndical Institutions Représentants Signature Groupes Religiews ovedin Babtr Signature Natimale d'Hocct Rak Holibie Noed | CBNH Signature Société civile Institutions Représentants Signature Secteur syndical a a Cale Awt.-Co ‘al tim ( BSAC ) ‘Organisations des droits humains Institutions Représentants Signature Paysans - agriculteurs Institutions Représentants Signature HAITI AVANT TOUT AGREEMENT DOCUMENT FOR A SUSTAINABLE SOLUTION TO THE MULTIDIMENSIONAL CRISIS IN HAITI AVRIL 2021 Protocol of integrity and good conduct of the disruptive government for a new transformative nation-state in the service of the common good "We should only touch public and collective goods with a trembling hand" Antoine Joseph Gérard GOURGUE Preamble Considering the Law of August 9, 2007 on "" Declaration of assets by certain categories of Political Figures, Civil Servants and Other Public Agents; Considering the Decree of September 8, 2004 proposed an administrative body called: Unit for the Fight against Corruption (ULCC); Considering that it is up to the State to promote and defend transparency and integrity in all their forms and in all spheres of public administration; Considering, in this regard, that it is important for this Government to give itself a frame of reference of a set of values and principles which must guide the choices, decisions and actions of State authorities, civil servants and other agents - public; Considering that this Integrity and Good Conduct Protocol testifies to the will and choices of decisions and actions in the design and implementation implementing public policies aimed at meeting the basic needs of the Haitian people, ‘After discussions and deliberations in the Council of Government, we have decided to adopt this protocol of integrity and good conduct which stipulates Article 1.- The members of this Government undertake collectively and individually, each as far as he is concerned, to promote transparency in the management of public affairs and to work for the moralization of public life in general; Asticle 2.- The transitional Government for the refoundation of the Republic of Haiti sets itself the fundamental mission of setting up a system of management of the affairs of the State based on ethics and free from any doubifill justifications. Thus, all Ministers, Secretaries of State and other senior officials of public administration will strive, through their behavior, in their choices of decision and action, to constantly apply the following moral principles: 1. Spirit of public service: Concem to work for the satisfaction of the needs of general interest and the collective well-being of the people; 2. Patriotic sense: Show a clear attachment and respect for the Fatherland in all circumstances and promote its founding values and principles; 3. Obligation of results: Put in place reliable mechanisms to concretely measure the real impact of the choices and actions implemented. To this end, a monitoring and continuous evaluation framework will be put in place to measure the effective achievement of the Programs and Projects in progress; 4. Concer for pragmatism and effectiveness: Contribute through our achievements or achievements to improving the effectiveness and efficiency of public administration, both at the central level and at the level of territorial or local authorities; 5. Integrity: Behave in an exemplary manner by demonstrating honesty and seriousness in relations with others and in relation to our civic responsibilities; 6. Culture of ethics: We must move from understanding principles and values through their application in our choices and decisions, while constantly questioning ourselves about their meaning, purposes and consequences for the country, in general, and for each Haitian in particular; 7, Accountability: Obligation to submit and justify on a regular basis, in accordance with legal and / or regulatory requirements, an appropriate report on the management of State property and funds entrusted to us; Asticle 3.- Transparency and integrity will facilitate relationships of trust between leaders and citizens, between the State and the private sector. Thus all measures will be taken to promote exemplary conduct and responsible and open behavior, consultation, within the limits permitted by the Constitution and the Laws, while avoiding endangering the security of the country. Article 4.- The Members of this Government recognize that the declaration of the patrimony constitutes one of the surest means to guarantee the transparency of the public and administrative life and to protect the public patrimony of the State, while preserving the dignity and the ‘repute of politicians, senior officials and other public officials who, in one capacity or another, serve or would have served the country; Article 5.- In accordance with Articles 7, paragraph A and Article 8 of the Law of August 9, 2007 on " Declaration of assets by certain categories of Political Figures, Civil Servants and Other Public Officials, the Prime Minister, the Ministers and Secretaries of ‘The State, and other senior officials of the public administration, will deposit the notarized inventory of all their movable and immovable property at the Clerk of the Court of First Instance of their domicile thirty (30) days after their installation and thirty (30) ) days after leaving office; Article 6.- The penalties relating to the failure to declare assets and the confidentiality of information are provided for in Articles 16 to 19 of the said Law; Article 7.- The members of this Government by their signatures of this Protocol accede to it before taking up their functions Article 8.~ This Protocol is authentic and shall be deposited in the archives of the State of the Republic of Haiti. Duly certified copies will be given by the Prime Minister to the original signatory members of the Government and to those who will become so, if applicable In witness whereof the members of the Governments have signed this Protocol to serve and assert that of right. Outline of the general policy program of the Government L- Vision and Mission: Carry out a double political and re-founding transition of the State of Hai TI. Main objectives: + Socio-political stability *Social development + Institutional strengthening A. Political Transition (efficiency and effectiveness requirements): Very short-term actions (during the first hundred days of the new government) During the first hundred days of Government Action, it will be a question of taking emergency measures with rapid effect, in the immediate future, both to alleviate the suffering of the population, the most vulnerable layers, and to restore a climate of security, confidence and peace in the country. Thus, projects will focus on: 0.1 The restoration of the legitimate authority of the State; 0.2 The intensification of sanitation and public sanitation measures; 0.3 Strengthening public security to protect the life and property of citizens; 0.4 The implementation of measures aimed at alleviating the misery of the people; 0.5 Strengthening the distribution of electrical energy (cost of repairing the network distribution to be properly evaluated); 0.6 The creation of labor-intensive employment; 0.7 The construction of social housing in all the departments of the country, the redevelopment of disadvantaged neighborhoods (Key for Key Program); 0.8 The integration of street children; 0.9 The implementation of protection and prevention measures against natural disasters; 10. The systematic fight against erosion and environmental degradation (campaign, reforestation, and establishment of mangroves in coastal areas); 11. The multiplication of the school canteen program in all the departments of the country; 12. The resumption of the Civic Action Program at the national level B.- Re-founding transition to Sustainable Development With regard to the re-founding transition, my Government undertakes to continue and intensify the process of implementing the Haiti Strategic Development Plan (PSDH) on the basis of the three-year investment plan (2021 - 2024) -PTI, in accordance with the fundamental objective of making Haiti an emerging country by 2030. This three-year plan, the fourth since 2012, which should allow us to place Haiti on the path of socio political stability, of economic modernity and social development, revolves around four major projects or pivotal axes for the recovery and development of Haiti. Those are The Great Project No. 1: Institutional overhaul + Program 1.1: Carry out the National Conference on constitutional reform; + Program 1.2: Revise the country’s legal framework; + Program 1.3: Strengthen national democratic institutions; lodemize the central administration. + Program 1.5: Modemnize the decentralized administration. + Program 1.6: Accelerate decentralization. + Program 1.7: Strengthening civil society; + Program 4.7: Strengthen the administration of justice and security; + Program 1.8: Putting diplomacy at the service of development; + Program 1.9: Carry out democratic, honest, credible, and inclusive. ‘The Great Project No. 2: Social refoundation + Program 2.1: Strengthen higher education and training professional and technical, + Program 2.2: Increase access to preschool, basic and secondary; + Program 2.3: Increase access to health services; + Program 2.4: Protect and enhance cultural property and support cultural creation + Program 2.5: Increase access to housing; + Program 3.6: Ensure the development of civie action, sport, leisure and youth; + Program 2.7: Establish a social insurance system for all workers; + Program 2.8: Organize social solidarity; + Program 2.9: Ensure gender equality; + Program 2.10: Supervise Haitian migrants and returnees; + Program 2.11: Intensify the Haitian identity program at birth. The Great Project No. 3: Economic overhaul + Program 3.1: Establish active and dynamic governance to accelerated and balanced economic growth; + Program 3.2: Modemize and boost agriculture and livestock; + Program 3.3: Modemize and boost fishing; + Program 3.4: Strengthen industrial development; + Program 3.5: Modernize and energize the service sector; + Program 3.6: Strengthen the development of tourism; + Program 3.7: Developing mineral and energy resources (creation of a Ministry of Mines and Energy); + Program 3.8: Ensure the development of employment. The great project no 4: Territorial overhaul + Program 4.1: Planning and developing territories (Strengthen and energize the Interministerial Territorial Planning Committee (CIAT); + Program 4.2: Manage the environment; + Program 4.3: Manage watersheds; + Program 4.4: Urban renewal; + Program 4.5: Establish the national transport network + Program 4.6: Increase the country's electrification + Program 4.7: Continue the expansion of communications and networking digital territory; + Program 4.8: Extend drinking water supply services and sanitation. C. Three-year and annual financing plan for the programs to be implemented. 1) Insufficient national income 2) US bilateral budget support? 3) Other budget support? 4) Foreign direct investment (FDI) D. Mechanism for continuous monitoring and evaluation to measure progress and correct deficiencies. EXHIBIT “C” Repubiqerd aki CABINET D'INSTRUCTION DU TRIBUNAL DE PREMIERE INSTANCE DE PORT. PIMC oe ‘Au Nom dela République ressort du Tribunal de Premiére: instance de... En vertu des articles Gm. liln Lil Mos ‘Vu les piéces de la procédure et les réquisitions du commissaire du gouvernement pres le Tribunal de premiere instance de ce ressort : MANDONS ET ORDONNONS & tous huissiers ou agents de la force publique de rechercher et de conduire 4 la maison d'arrét de son mason en se conformant 3 la loi, le/la — ei faa Meple id Age (e) de 2S. demeurant 8. PEJEIN. 5. ig eG. JUbh. ADE G...p0ur les fats). DASA SIAL. prévu(s) et punis par les articles..

You might also like