New Legal Regulations on Foreign Investment, Foreign Trade, and Tourism Published in the Official Gazette
On September 3, 2026, the legal regulations implementing the economic and social reforms related to foreign investment, foreign trade, and tourism were published in the Official Gazette of the Republic of Cuba.
Decree-Law 128, which amends Law 118 “On Foreign Investment,” eliminates the requirement for foreign investors to hire staff through employment agencies and leaves this option up to their discretion.
In addition, the requirement to obtain prior authorization from the Central Bank of Cuba to open bank accounts abroad has been eliminated.
Accompanying the Decree-Law are resolutions from the Ministry of Labor and Social Security regarding the labor regime applicable to forms of Foreign Direct Investment, and from the Central Bank of Cuba regarding the opening of bank accounts abroad.
Among the published regulations, Decree-Law 130 stands out; it amends Law 59, the “Civil Code,” and provides for the possibility of granting real rights for terms longer than those established to date.
At the same time, policies related to foreign-capital businesses were updated; in particular, the policy promoting partnerships between foreign companies and non-state entities; the policy related to real estate activities; and the policy regarding foreign capital participation in commerce and investments in areas designated as conservation priorities and in heritage contexts.
Three regulations affecting the tourism sector were also published, setting forth rules governing tourist transportation, travel agencies, and the practice of tour guiding.
To encourage ecotourism projects, the Minister of Finance and Prices established tax credits that benefit these businesses.
In the area of foreign trade, MINCEX Resolution 126 was enacted, establishing the new “Procedure for the granting of authority and the issuance, modification, and cancellation of nomenclatures for imported and exported goods, and for the issuance of temporary permits.”
In addition to the procedure, this regulation sets forth the requirements for legal entities to engage directly in foreign trade.
It also establishes a list of products whose import and export are prohibited or restricted, which together account for 9% of the subheadings included in the Harmonized Commodity Classification System currently in effect in our country.
(Cubadebate- EmbaCuba Bahamas)
