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FYI, here is a recent and legitimate source for investing in Cuba, from my friend Oscar who works in the Havana office of Foreign Investments which is near the Univ. of Havana and Vedado area. Additional info can be supplied on request: -------------------------------------------------------------------- BUSINESS IN CUBA-LEVELS OF APPROVAL
The basic structures for business of foreign enterprises in Cuba are classified in six, with different procedures according with the sector of the economy to which the business is directed and to the priorities of the Government related to the development of the sectors interested. These structures are as follows :
1 – Commercial export / import entities. 2 - Schemes of cooperated production. 3 - Administration contracts. 4 - International economical associations ( Namely : Joint Ventures ) ( J.V. ) with mixed capital ( Cuban and foreign ) . 5 - Business with 100% foreign capital. 6 - Commercial or productive entities established in Free Zones.
In general, the spectrum of activities and / or participation related to the different modalities is the following :
As to No. 1 : The entities involved, once obtained the license from the Chamber of Commerce of the Republic of Cuba, act within the profiles considered in the license, allowing the possibility to open office branches in the country, contract personnel for the administrative and technical work, have access to all the legal and banking infrastructure of the State, permitting the expatriation, partial or total, of the incomes from the resulting activities, through the banking system of the country where operative accounts can be fixed. The steps for the establishment of the entities, that can be either import dealers or export dealers, or both, requires the approval of the Chamber of Commerce of the Republic of Cuba, subject to the application presented to same.
As to No. 2 : These cooperation schemes are effected both for productions directed to the internal market in currency and for exportation. The foreign partner supplies the technology, raw material and materials and the technical-administrative supervision as well as the control of the quality of the production. The income of the foreign part is obtained through a percentage increase on the prices of his supplies, promotion and sale in the internal and external markets, or simply by paying the manufacturing costs to the Cuban side and selling directly the production obtained. This type of business can also be settled on Free Zones with the advantage that all the materials and products imported enter the country free of taxes. The level of approval for these businesses corresponds to the Ministry of the economic branch to which they are related. In the case of using the free zone, also participates the Ministry for the Foreign Investments and Collaboration ( MINVEC ) which is the State organism that leads the policy of development of the Free Zones and Industrial Parks of the country .
As to No. 3 : These are applied to businesses where it is required the administrative action of international entities of well known prestige and economical success in the sector in which they are involved. In this modality the Cuban side renders a determined objective which is completely administrated by the foreign partner. The percentage share on the incomes depends on the agreements reached between the parties. This modality is used mainly in the branches of tourism and biotechnology requiring a strong promotion and commercialization of global level made by world known enterprises. Even though for the tourism the level of approval depends on the Ministry of Tourism ( MINTUR ). In other branches, such as the strategical biotechnology, the approval can reach the Council of State, being the application and channeling of same through MINVEC.
As to No. 4 : The International Economical Associations are settled to give answer to the commercialization of the most important natural resources of the country which not only require important capitals for investment or modernization of the existing facilities, but also a strong promotion and sale of raw materials, sub-products or finished products. In the practice, there are two basic variants for these associations, according with the percentage of the distribution of the incomes as result of the sales of the goods involved, which can be equal for both parties, or in majority for the foreign partner. The J.V. requires of the approval of MINVEC and in very specific cases, such as the energetic branch, it is needed the authorization of the Council of State, carried through the MINVEC .
As to No. 5 -This modality is only approved for top priority sectors that require strong investments and advanced technologies. So far, it has only being applied on the branches of the basic industry, and within this, regarding the electric generation and oil prospection at risk of the investor . In this modality, the foreign partner covers l00% of the required investment, as well as the exploitation and maintenance. The State grants to him the ownership of 100% of incomes during approx. 50% of the utility life period of the investment. In the case of the electricity generation, the Cuban State pays the service of the electricity generated during the agreed period of time. The approval is at the level of the Council of State, carried through the MINVEC.
As to No. 6 - According with the Law for the Free Zones and Industrial Parks, the Cuban State renders through the proper applications of the entities involved, the possibility of operation in frontier, with all the prerogatives that the exception of taxes on the imports and exports of the goods produced under this modality involve. In the case of the commercial firms, they effect the commercial transactions without the supervision of the control organisms of the State. Both the entities producing goods and the importers and distributors have the status of Free Zone Operators rendered by the mentioned law. All the legalization activities of the entities requesting to be established in the Free Zone are conducted by the Administration Offices of the Free Zones, belonging to MINVEC.
The permissions and licenses that offer the different levels of the State to the foreign entities interested in the modalities shown above, vary in the period of validity depending on the magnitude, financial characteristics and strategical importance of the business requested. The period of time ( always renewable consecutively by no less than one third of the initial concession ) vary for the different modalities and it covers between 10 to 50 years. If the foreign partner wishes, can withdraw from the business or transfer his share to other entity, previous communication to the Cuban side as established by the current law.
SUMMARY
In general, the approvals of licenses for the settlement of foreign firms as commercializers, participants in schemes of cooperated productions, administrators of economic objectives, investors, operators and concessionaries of Free Zones, and participants in international economical associations, are approved within a lapse of time of between 45 and 90 days counting from the date of presentation of the application, including the required documentation according with the different modalities above mentioned.
These applications presented to the Chamber of Commerce, MINVEC, or the Business Office of the Ministry that rules the economic branch involved, should be accompanied with a translation into Spanish of the Constitution Act ( Deed ) of the applicant firm, duly certified by an international homologated entity, and warranted by signature and seal of the Consulate of the Cuban Diplomatic Representation in the country of registration. Considering the absence of a Diplomatic Representation in the country, the Constitution Act should be approved by the Cuban Consulate having jurisdiction in the geographic area where the soliciting firm is based.
ECONOMIC PRODUCTIVE SECTORS OF INTEREST TO THE STATE FOR THE FOREIGN INVESTMENT.
Due to the privileged geographical position of Cuba, its natural resources, administrative and social-political system and high educational level of its inhabitants, is bound to play a very outstanding roll in the area as the biggest sister of the rest of the Antilles, in which the economical integration is each time more necessary as the only way to adequate the common interests of these islandx. During the last years, the Cuban State has developed a policy of integration that ends with the joining of Cuba to the CARICOM.
Among the sectors that this country is interested in developing through any of the forms of foreign investment, are the following :
1 – Tourism . Construction of hotels and touristic objectives of different categories Development of areas and installments regarding the Nature tourism (Ecological ), for which this country has exceptional conditions. Cuba owns 18 national parks and ecological reserves including 3 that has been declared by UNESCO, Natural Heritage of The Humanity. Establishment of companies for the service to he touristic industry, mainly to render integral maintenance and environmental cleaning. Establishment of companies operating light aircrafts for the interconnection between the reception airports and the touristic resorts and sites of principal interest. ( Commuter Lines ). Conformation of agricultural associations for the production of high quality goods for the touristic infrastructure, exportation and internal demand. Settlement of enterprises for the construction of synthetic fiber vessels (boats) for the touristic use . Establishment of international lines of fast ferries both for passengers and cargoes. This service, practically non-existing actually, has a great demand due to the growth of the modality of the multi-destiny tourism in the area, and the service of transportation of merchandises that due to its characteristics require a fast handling .
2 - Basic Industry .
Constitution of entities for the generation of electricity using alternative methods ( mainly natural gas, solar and wind power energy ). Establishment of economical associations for the industrial exploitation of beds of silex sand ( related to the production of high technology electronic components ). Development of investments at risk related to the off-shore oil prospection.
3- Real Estate
Construction of apartments buildings of different levels for sales and rent. Construction Associations having point technology for the erection of all types of civil objectives .
4 - Other possibilities .
Constitution of economic associations for the production of ships, mainly, of medium and small size, including barges of different capacities and auxiliary boats. Establishment of an association for the recycling of urban waste and left-overs of all kind for their use in the production of various articles and goods. Cuba, due to its geographical position can easily be the center for processing the urban wastes of the near-by islands, duly classified and separated as most of them are in lack of procedures and conditions to solve this problem, thus in help of the environmental cleaning .
Elaborated by Lic. Oscar Díaz Muñoz 01 / 30 / 2004
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