New Regulation Interpretation Decision By U.S. Supreme Court Could Impact Cuba-Related Decisions (Commerce And Travel) By Biden-Harris Administration And A Potential Second Trump Administration.

New Regulation Interpretation Decision By United States Supreme Court Could Impact Cuba-Related Decisions By Biden-Harris Administration And Potential Trump Administration. 

Potential To Reverse, Authorize Despite Preference By The White House.  

Federal Court Judges Could Be Asked To Decide Issues Relating To Commerce And Travel.  

Trading with the Enemy Act (TWEA) of 1917, Cuban Democracy Act (CDA) of 1992, Cuban Liberty and Democratic Solidarity Act (Libertad) of 1996, and Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000 each have Republic of Cuba-centric provisions which have been implemented by United States government agencies, departments, and other entities. 

In some instances, the language in the statute provides clarity, provides a requirement as to how a provision is to be defined, is to be interpreted, and is to be implemented.

In other instances, the language in the statute permits, specifically or by interpretation, the executive branch to determine if, when, and how a provision is adopted.

Members of the United States Congress (House of Representatives and Senate) who have an interest in Republic of Cuba-centric and Republic of Cuba-related legislation focus upon how a statute may be implemented by the executive branch.

The primary executive branch entities which manage and implement Republic of Cuba-centric and Republic of Cuba-related statues are the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, Bureau of Industry and Security (BIS) of the United States Department of Commerce, Office of Cuban Affairs (OCA), Office of the Legal Adviser (OLA), and other offices within United States Department of State.

The 28 June 2024 decision by the United States Supreme Court which returns to the judicial branch a role in interpreting statutory provisions which have been previously interpreted by instrumentalities of the executive branch does not necessarily mean there will be an immediate document avalanche arriving on the steps of ninety-four (94) United States District Courts.

However, there may be court filings, particularly in the three (3) U.S. District Courts located in the State of Florida.  The Northern District with four (4) offices.  The Middle District with five (5) offices. The Southern District with five (5) offices- importantly the cities of Miami, Fort Lauderdale, West Palm Beach, Fort Pierce, and Key West.  

Plaintiffs (with prodding and assistance from members of the United States Congress) could focus upon how TWEA, CDA, Libertad, and TSREEA statutes have provisions interpreted by the executive branch that 1) Authorize rather than prohibit and 2) Not authorize rather than permit United States-based public sectors and private sectors re-engagement with Republic of Cuba-based public sectors and re-emerging private sectors.

SUPREME COURT OF THE UNITED STATES

Syllabus

LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 22–451. Argued January 17, 2024—Decided June 28, 2024*

excerpts

The Court granted certiorari in these cases limited to the question whether Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, should be overruled or clarified. Under the Chevron doctrine, courts have sometimes been required to defer to “permissible” agency interpretations of the statutes those agencies administer—even when a reviewing court reads the statute differently. Id., at 843. In each case below, the reviewing courts applied Chevron’s framework to resolve in favor of the Government challenges by petitioners to a rule promulgated by the National Marine Fisheries Service pursuant to the Magnuson-Stevens Act, 16 U. S. C. §1801 et seq., which incorporates the Administrative Procedure Act (APA), 5 U. S. C. §551 et seq.

Held: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled. Pp. 7–35.

Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute dele gates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous. Because the D. C. and First Circuits relied on Chevron in deciding whether to uphold the Rule, their judgments are vacated, and the cases are remanded for further proceedings consistent with this opinion. It is so ordered. 

LINK TO COMPLETE DECISION IN PDF FORMAT

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

U.S. Ag/Food Exports To Cuba Increased 45.9% In April 2024; Up 45.8% Year-To-Year. Additionally, US$3.3 Million In Vehicles (Including Motorcycles). Private Companies Driving Diversity In Exports.

ECONOMIC EYE ON CUBA©

June 2024

April 2024 Ag/Food Exports To Cuba Increase 45.9% - 1

53rd Of 219 April 2024 U.S. Food/Ag Export Markets- 2

Year-To-Year Exports Increase 45.8% - 2

Cuba Ranked 48th Of 219 U.S. Ag/Food Export Markets - 2

April 2024 Healthcare Product Exports US$0.00 - 2

April 2024 Humanitarian Donations US$7,930,672.00 - 3

Obama Administration Initiatives Exports Continue To Increase - 3

U.S. Port Export Data- 19

APRIL 2024 FOOD/AG EXPORTS TO CUBA INCREASE 45.9% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in April 2024 were US$28,102,367.00 compared to US$19,248,734.00 in April 2023 and US$18,089,515.00 in April 2022.

The data contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA and CDA. The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

January 2024 through April 2024 TSREEA exports were US$141,100,086.00 compared to January 2023 through April 2023 TSREEA exports of US$96,711,465.00.00.

Total TSREEA exports since first deliveries in December 2001 exceed US$7,387,433,479.00.

LINK TO COMPLETE REPORT IN PDF FORMAT

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

Russia's Novikombank, Sanctioned By OFAC, Opens Office In Cuba. Develop Further Investment/Financing For SME’s In Cuba, Connect Them With Entrepreneurs In Russia?

Russian Federation-Based Novikombank, Sanctioned By OFAC, Opens Office In Cuba.   

New Conduit For Commercial Transactions Into And Out Of Cuba.   

Helping Develop Further Investment And Financing For SME’s In Cuba And Connect Them With Entrepreneurs In Russian Federation?

On November 23, 2007, Vladimir Putin, President of the Russian Federation (2000-2008 and 2012- ), signed Federal Law № 270-FZ to create the State Corporation for the Promotion of the Development, Manufacture, and Export of High-Tech Products (Rostec).  Moscow, Russian Federation-based Rostec is the majority shareholder in Moscow, Russian Federation-based Novikombank (Novikom).

Wikipedia: “Rostec comprises about 800 enterprises, which together form 15 holding companies: eleven in the defense-industry complex and three in civil sectors.  Rostec's organizations are located in 60 constituents of the Russian Federation and supply goods to over 70 countries worldwide…  2014 EU sanctions listing for Chemezov describes how Rostec subsidiaries supported Russia's annexation of Crimea.”

• “On 24 February 2022 the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned Novikombank under E.O. 14024 for operating or having operated in the financial services sector of the Russian Federation economy. Subsidiary companies were also sanctioned.”  

• “On 28 June 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated 70 entities, many of which are critical to the Russian Federation’s defense industrial base, including State Corporation Rostec, the cornerstone of Russia’s defense, industrial, technology, and manufacturing sectors, as well as 29 Russian individuals.”

• From OFAC: “State Corporation Rostec (Rostec) is a massive Russian state-owned enterprise formed to consolidate Russia’s technological, aerospace, and military-industrial expertise. Rostec is a holding company whose subsidiaries are engaged in a wide range of industries, including automotive, defense, aviation, and metals. In addition to leading Russia’s domestic defense production, Rostec also facilitates foreign trade in defense and related materiel as well as civilian and dual-purpose products. Rostec’s management umbrella includes more than 800 entities across a wide range of sectors…  Rostec was designated pursuant to E.O. 14024 for operating or having operated in the defense and related materiel sector of the Russian Federation economy. As a result, all entities owned 50 percent or more, directly or indirectly, by Rostec are blocked, even if not identified by OFAC.  Today’s action built upon previous designations of certain Rostec’s holdings pursuant to E.O. 14024 in recent months and Rostec’s previous addition to OFAC’s Sectoral Sanctions Identifications List (“SSI List”) pursuant to Directive 3 of E.O. 13662 following Russia’s 2014 invasion of Ukraine. Rostec is also sanctioned by Australia, Canada, the European Union (EU), New Zealand, Switzerland, and the United Kingdom (UK).”

From Novikom Internet Site:

”Novikom today:  Since its foundation in 1993, Novikom has been financing strategic high-tech industries of the real sector of the Russian economy, facilitating implementation of ambitious national-wide projects, investing in the future of the country.

Our benefits:  Bank of the Russian industry and high technologies.  Novikom offers efficient financial instruments for leading national enterprises and is a reliable partner in addressing challenges facing the Russian industry.

2023 Assets: 530.5 billion Rubles (among twenty largest banks in the Russian Federation)
2023: 362 billion Rubles- credits issued to machine-building and hi-tech companies account for 85.6% of the loan portfolio of the bank.

Small And Medium-Size Enterprises (SME): Novikom maintains its comprehensive program of cooperation with small and medium enterprises.  The small and medium business program of Novikom targets companies and individual entrepreneurs with an annual revenue of up to 2.0 billion roubles.  The main benefit of the Novikom Program in terms of crediting are simple and clear credit and guaranty products meeting all requirements of business, individual work of personal managers with each client, short Time To Yes.  We are ready to offer your company the whole range of banking services and we will be glad to see you among our clients.  We strive to consider the needs of our clients in the most flexible way: in addition to standard banking and investment products and services we offer non-standard solutions, often acting as innovators in the Russian market.

The Bank’s full trade name: Joint-Stock Commercial Bank «NOVIKOMBANK»
Contracted name: JSCB “NOVIKOMBANK”
Date of state registration: October 25, 1993
Authorised capital: 11,750,822,000 roubles
Legal address: Russia, 119180, Moscow, 50/1, bld.1, Polyanka Bolshaya str.
Actual address: Russia, 119180, Moscow, 50/1, bld.1, Polyanka Bolshaya str.
Telephone: +7 (800) 250-70-07, +7 (495) 974-71-87
Telex: 611691 NVKOM
SWIFT: CNOVRUMMXXX
Reuters Dealing: NOVM
Код Reuters Dealing: NOVM
E-mail: office@novikom.ru
Web-site: https://novikom.ru/

Requisites
Correspondent account: 30101810245250000162 with GU of the Bank of Russia in CFO
BIK: 044525162
INN: 7706196340
KPP: 770601001
OGRN: 1027739075891

Statistic codes
OKPO: 17541272
OKOGU: 1500010
OKATO: 45286596000
OKTMO: 45384000
OKFS: 16
OKOPF: 67
OKVED: 64.19
Date of registration: August 15, 2002

Corporates

Novikom’s customer policy is focused on rendering technology-intensive banking services in all segments of the financial market.  Since its foundation in 1993, Novikom has been financing strategic high-tech industries of the real sector of the Russian economy, facilitating implementation of ambitious national-wide projects, investing in the future of the country.  State Corporation Rostec is a key partner of Novikom. The Bank provides services to more than 700 enterprises and holdings of the State Corporation, and manages its investment flows.  Integration with Rostec contributes to the growth of Novikom capitalization and its further successful development as one of the leading financial institutions of the country.

Financial institutes

Services for financial institutions:

Settlements in rubles. An extended operating day is set until 19.00 Moscow time. Interbank and client payments are transferred without commissions. Interest accrued on LORO-balances; Establishment of correspondent relations. JSCB “NOVIKOMBANK” will be pleased to see your reputable bank among our correspondents. JSCB “NOVIKOMBANK” is ready to offer cooperation with your bank on beneficial terms; Financing of export-import contracts of partner banks’ customers on comfortable terms. It is practicable to provide own liquidity on a bilateral basis for these purposes. It is possible to attract blank credit lines from the world's largest financial institutions, if necessary.  JSCB “NOVIKOMBANK” has vast experience in arranging financing of short-term export and import operations (letters of credit, guarantees, pre-financing) and it offers services in the structuring of trade finance transactions in close cooperation with the largest foreign financial institutions; A variety of Treasury operations allow to close FX-position for almost any pair of currencies or to hedge it with the help of swap deals by market quotes. We offer our own FX-platform. Having vast experience in the field and an impeccable business reputation, JSCB “NOVIKOMBANK” offers mutually advantageous cooperation on interbank, currency and equity markets.  JSCB “NOVIKOMBANK” offers the opportunity to jointly build mobile, high-quality and optimal solutions for customers.

Transactions with securities

Novikom, being a professional participant of the securities market, performs the following operations: Broker activity (licence No. 177-06-439-100000); Dealer activity (licence No. 077-06-443-010000); Securities management (licence No. 177-10-203-001000); Custody operations (licence No. 177-06-450-000100).  Novikom is one of the leading operators of the secondary bond market in terms of trade volumes in the MICEX, MICEX stock exchange, over-the-counter transactions, and MICEX REPO transactions.  Novikom makes transactions with securities in the MICEX and RTS stock exchange and offers the following services: Brokerage operations; Storage and/or title record to securities; Trust management; Other transactions with securities.

Shares: Purchase/sale of Russian shares on customer request; Market-maker functions; Liquidity supply; Redemption of securities of various companies.

Bonds: Purchase/sale of bonds on customer request; Market-maker functions; Liquidity supply; Redemption of securities of various companies.

Conversion transactions: The bank has many years’ experience of working in the financial markets. For corporate and institutional customers the Bank provides a wide range of conversion services – spot, forward and foreign exchange options. Novikom endeavours to help its customers to find optimal and qualitative decisions for foreign exchange and interest rate risk hedging.  USD/EURO conversion operations; Minimisation of expenses from conversion operations.

Broker service: Based on the licences of a professional participant of the securities market Novikom renders broker and depositary service to individuals: In the state securities market; In the Moscow Interbank Currency Exchange market of corporate securities (shares and bonds); In the over-the-counter market of corporate securities (shares and bonds).  Customers are served based on broker service agreements. The Bank specialists provide the customers with all necessary information about market conditions and give consultation on the issues related to securities market transactions.

“Being in a state of constant growth, the Corporation creates conditions for further development of its employees, enterprises, and entire domestic industries, contributing to positive changes in the country as a whole."  Sergey Chemezov, General Director

In accordance with the latest strategy, Rostec's mission is to improve people's lives by creating high tech, "smart" products

In its business operations, Rostec brings together the best traditions of the Russian engineering thought, the latest technological developments, and in-depth expertise.  The Corporation successfully links science and manufacturing, develops advanced, forward-looking technologies, implements state-of-the-art know-how, and promotes productive cooperation between Russian enterprises.  Rostec staff's wealth of experience and depth of expertise are instrumental in creating unique products and opening up new export opportunities. This is precisely why the State Corporation's overarching goal is to establish Russia's leading positions in the fields of high tech and engineering on the global scene.

Core Areas of Business: Having brought together under its umbrella many unique production facilities and technologies as well as a significant share of the country's scientific potential, Rostec became a reliable partner to the state in facilitating the innovative development of Russia's industries. The Corporation operates in the following areas: Automotive engineering and manufacturing; Aircraft engineering; Engine manufacturing; Metallurgy; Construction; Optics; Composite and other advanced structural materials; Medical equipment; Pharmaceuticals; Industrial biotechnologies; Radioelectronics; Instrument engineering and manufacturing; Information technology and telecommunications; Machine tool building and equipment manufacturing for industry upgrade; Arms and military equipment manufacturing.

Corporation's Mission: Facilitating the development, manufacture, and export of high tech products.  Supporting Russian high tech industrial products designers and manufacturers on domestic and foreign markets.  Retooling the production.  Developing the country's scientific and human resources potential.  Promoting the cooperation with major international and Russian manufacturers.

Corporation's Core Functions: Promoting and selling high- tech industrial products on domestic and foreign markets.  Participating in the implementation of the state policy in the field of military and technical cooperation between the Russian Federation and foreign states as well as the State Armament Plan.  Attracting investments to create competitive high tech industrial products.  Advertising, exhibition, and marketing activities; showcasing civil, military, and dual-purpose products both in Russia and abroad.  Supporting applied research in promising areas of scientific and technological development.  Implementing advanced production technologies in order to improve domestic engineering designs and reduce the time and cost of product development and manufacture.  Facilitating foreign trade in military commodities

The Corporation was established and is operating in accordance with Federal Law of November 23, 2007 No. 270-FZ "On the State Corporation for the Promotion of the Development, Manufacture, and Export of High Tech Products "Rostec." The Corporation is a legal entity established by the Russian Federation in the legal form of a state corporation.  The Corporation's full name in the Russian language is Государственная корпорация по содействию разработке, производству и экспорту высокотехнологичной промышленной продукции «Ростех».  The Corporation's abbreviated name in the Russian language is Государственная корпорация «Ростех».  The Corporation's full name in the English language is State Corporation for the Promotion of the Development, Manufacture, and Export of High Tech Products "Rostec."  The Corporation's abbreviated name in the English language is State Corporation "Rostec."  State registration information : State Registration Certificate series 77, number 011483840, issued by the Federal Tax Service Directorate for the city of Moscow on December 3, 2007. Primary state registration number (OGRN): 1077799030847, assignment date December 3, 2007.  INN/KPP: 7704274402/770401001.”

Russian State-Owned Novikombank Opens Havana Office

HAVANA, June 20 (Reuters) - Russia's Novikombank said on Thursday it had become the first bank from the country to open a representative office in Cuba as part of growing economic ties between the former Cold War allies.  The Russian state-owned bank said in a statement that Cuba's central bank had granted it a license on June 7. There was no immediate comment from Cuban authorities or the central bank.  "The opening of a Novikom representative office in the Republic of Cuba is not only a new stage for the bank, but also an important step in Russian-Cuban relations," board chairwoman Elena Georgieva was quoted as saying in the announcement.  Since the Russian invasion of Ukraine, Moscow's already warm relations with the Communist-run Caribbean nation have strengthened into a "strategic partnership," with a number of possible investment projects in sugar, transportation and energy under discussion.  Last week, a Russian navy frigate and a nuclear-powered submarine docked in Havana, a move widely seen as a show of force from Moscow amid tensions with the West over the Ukraine conflict.  Cuban President Miguel Diaz-Canel has visited Moscow four times in the last few years.  Novikombank said it planned to support Russian clients' trade and investment activity in Cuba.  "The governments of both countries are increasing the volume of cooperation in every way," the statement said.  Since 2022 Russian tourists have visited the island in greater numbers and oil and wheat shipments have provided some relief amid a grueling crisis characterized by shortages of basic goods, inflation and power outages that has sparked record migration.  Cuba is one of just a handful of countries that accepts the Russian MIR credit card.  Cuba first opened to foreign banks in the 1990s after the fall of the Soviet Union. Most European and Canadian banks have left in recent years due to the crisis and fear of U.S. sanctions. But that is unlikely to deter Novikombank, which is already under sanctions by the United States and other countries over the Ukraine war.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT

2024 Trafficking in Persons Report: "...Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so..."

LINK TO REPORT

CUBA (Tier 3)

• Tier 3: Afghanistan, Djibouti, Russia, Belarus, Eritrea, Sint Maarten, Brunei, Iran, South Sudan, Burma, Korea- Democratic People’s Republic of, Sudan, Cambodia, Macau, Syria, China- People’s Republic of, Nicaragua, Turkmenistan, Cuba, Papua- New Guinea, Venezuela.

The Government of Cuba does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so; therefore Cuba remained on Tier 3. Despite the lack of significant efforts, the government took some steps to address trafficking, including approving the 2023-2026 NAP. However, there was a government policy or pattern to profit from forced labor in Cuba’s labor export program, which included foreign medical missions. The government continued to deploy government-affiliated Cuban workers to foreign countries using deceptive and coercive tactics. In the majority of cases, the government kept a significant amount of workers’ wages; confiscated workers’ passports and professional credentials; subjected workers to surveillance and strict curfews; and did not consistently inform participants of the terms of their contracts, which varied from country to country. The government failed to address trafficking crimes despite an increasing number of allegations from survivors, credible NGOs, international organizations, and foreign governments of Cuban officials’ involvement in facilitating serious human rights abuses and forced labor. The government threatened, coerced, and punished government-affiliated workers, including medical professionals, and their family members if participants left the program. Authorities did not make efforts to address labor trafficking crimes, and identified the fewest number of victims and had the lowest number of prosecutions and convictions in a decade.

PRIORITIZED RECOMMENDATIONS:

Ensure government-sponsored labor export programs comply with international labor standards – specifically ensure participants receive fair wages that are fully paid into bank accounts the workers can control; retain personal passports, contracts, and professional and academic credentials in their possession; ensure a work environment safe from violence, harassment, free from surveillance and arbitrary curfews; and have freedom of movement to leave the program or refuse an assignment without penalties, such as being threatened, imprisoned, harmed, or banned from returning to Cuba. * Cease the use of Article 176.1 to penalize government-affiliated workers who leave the labor export program. * Investigate potential official complicity in the alleged fraudulent recruitment of Cubans to fight in Russia’s full-scale invasion of Ukraine. * Vigorously investigate and prosecute sex and labor trafficking crimes and convict traffickers. * Implement formal policies and procedures to identify trafficking victims proactively, including among vulnerable populations, refer those identified to appropriate services, and train officials, including first responders, in their use. * Adopt policies and programs that provide trafficking-specific, specialized assistance for male, female, and LGBTQI+ trafficking victims. * Cease the recruitment of children for military activities before the mandatory military service age. * Screen individuals charged or detained for commercial sex-related crimes for trafficking indicators and refer identified victims to care. * Allow an independent international commission to monitor the government-sponsored labor export program. * Train those enforcing the labor code to screen for trafficking indicators and educate all Cuban workers about trafficking indicators and how to report trafficking-related violations. * Revise Article 363.1 of the penal code to remove the requirement to prove force, fraud, or coercion in child sex trafficking offenses. * Establish a permanent inter-ministerial anti-trafficking committee.

PROSECUTION

The government decreased prosecution efforts. Authorities in the Ministry of Justice continued to be complicit in state labor export schemes by prosecuting people who left government-sponsored labor export programs due to abuses and exploitative practices with strong indicators of human trafficking. The government criminalized sex trafficking and labor trafficking through various provisions of its penal code. Article 363.1 of the 2022 penal code criminalized all forms of labor trafficking and some forms of sex trafficking and prescribed penalties ranging from seven to 15 years’ imprisonment for offenses involving an adult victim and 10 years to life in prison for those involving a child victim. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with those prescribed for other grave crimes, such as rape. The definition in Article 363.1 correctly established the use, force, fraud, or coercion as an essential element of an adult trafficking offense; however, the law did not include the necessary provision indicating the elements of force, fraud, or coercion were unnecessary in cases of sex trafficking offenses involving children. However, Article 402.1 (“corruption of minors”) criminalized the use of a person younger than 18 “in prostitution” and prescribed penalties of seven to 15 years’ imprisonment, which were sufficiently stringent and commensurate with those prescribed for other grave crimes, such as rape. The penal code criminalized labor trafficking offenses under Article 363.1. Article 176.1 prescribed penalties ranging from three to eight years’ imprisonment to government-affiliated workers who did not complete their mission in another country or did not return to Cuba upon completion of the mission – thereby penalizing potential victims of labor trafficking.

In December 2023, the government published official data for calendar year 2022 on prosecutions and convictions, the most recent data available. The government’s annual report was the primary source of information on its efforts. The government suppressed independent domestic sources, but some independent sources provided information on trafficking efforts and trends. The government investigated seven transnational trafficking cases involving eight alleged Cuban traffickers and five foreign nationals, who allegedly had ties to trafficking networks in 10 different countries; however, the government did not report investigating any domestic trafficking cases in 2022. This was compared with no investigations in 2021. Authorities prosecuted six suspects for possible trafficking crimes in 2022, compared with 12 prosecutions in 2021; officials did not report if any of the alleged perpetrators in the seven transnational cases were prosecuted or convicted. Officials reported convicting six sex traffickers, compared with convicting 10 sex traffickers in 2021. According to government reporting, sentences ranged from five to 15 years’ imprisonment. This was the lowest number of prosecutions and convictions in a decade. Authorities did not report investigating any cases of labor trafficking and did not prosecute or convict any labor traffickers in 2022.

The government organized and sponsored training for law enforcement officers, prosecutors, and judges on investigating and prosecuting sex trafficking crimes. In 2022, the government cooperated with INTERPOL to investigate 10 alleged Cuban traffickers. Authorities had 20 bilateral cooperation agreements or MOUs that included trafficking; however, the government did not report tangible results associated with these agreements.

Authorities did not report any investigations, prosecutions, or convictions of government officials complicit in trafficking, despite persistent allegations officials threatened and coerced participants to remain in the government-sponsored labor export program. According to official sources, the government allegedly identified a trafficking ring involved in the fraudulent recruitment of Cuban men coerced into fighting in Ukraine on behalf of Russian military forces; the government reportedly arrested 17 individuals, but officials did not provide additional details. It was unclear if Cuban official complicity played a role in the recruitment of fighters to support of Russia’s full-scale invasion in Ukraine. However, some observers believed the Cuban government was involved or, at a minimum, aware of Cuban fighters traveling to support Russia’s full-scale invasion of Ukraine. According to contacts, Cuban authorities allegedly expedited the issuance of passports to recruits, who had minimal income and no means to pay for travel independently, and claimed Cuban authorities knowingly declined to place exit stamps in the Cuban potential victims’ passports to claim no knowledge of their travel. Moreover, months after the government allegedly took action against those facilitating trafficking to Ukraine, credible media reports indicated Cubans were still traveling to Russia to fight in Ukraine.

PROTECTION

The government decreased efforts to identify and protect trafficking victims and continued to coerce individuals – using deceptive, manipulative, and exploitative tactics – to participate and remain in government-sponsored labor export programs. In 2022, the most recent year for which data was available, authorities identified six victims of sex trafficking, one woman and five girls, compared with 10 victims in 2021. In previous years, the government reported having procedures to proactively identify and refer sex trafficking victims to care; however, the government lacked formal procedures to identify victims in police law enforcement actions and relied on victims to self-identify. The government did not report having procedures to identify forced labor victims. Government- or communist party-organized and controlled NGOs, such as the Federation of Cuban Women (FMC), the Prevention and Social Assistance Commission, and the Committees for the Defense of the Revolution could identify and refer trafficking victims to state authorities and provide some victim services, including psychological treatment, health care, skills training, and assistance in finding employment. However, these services were often politicized and unavailable to people the government and/or Communist Party deemed subversive.

Authorities did not report protecting the victims identified in 2022; however, in the government’s report, officials indicated survivors from the previous reporting period had received services, including permanent housing for two, while others received educational support and job placement. Neither the government nor the government-organized NGOs operated shelters or provided services specifically for adult male or LGBTQI+ victims. Police encouraged child sex trafficking victims younger than 16 to assist in prosecutions of traffickers by gathering testimony through psychologist-led videotaped interviewing, usually removing the need for children to appear in court; however, the government did not report using these tools. Observers reported law enforcement did not proactively screen for indicators of trafficking. As a result, police may have detained unidentified sex trafficking victims for commercial sex offenses or charged them with crimes. The government did not report identifying any foreign trafficking victims in 2022.

PREVENTION

The government maintained insufficient efforts to prevent trafficking, particularly forced labor. At the end of 2023, authorities approved the new 2023-2026 NAP and published the annual report on anti-trafficking efforts, covering 2022. Authorities held awareness sessions for government employees, students, and tourist industry employees on the prevention and identification of trafficking crimes. The government and the FMC continued to operate a 24-hour hotline for individuals needing legal assistance, including sex trafficking victims; for the third year in a row, none of the calls to this hotline resulted in trafficking investigations or victim identification.

State media continued to produce newspaper articles and television and radio programs, including public service announcements, to raise public awareness about sex trafficking. The FMC raised public awareness through workshops and training with government officials, social workers, educators, and students, as well as the distribution of materials explaining trafficking and its risks; however, there were no publicly available materials that showed the effectiveness or impact of these programs. The Ministry of Tourism provided training for workers in the tourism sector on the prevention of extraterritorial child commercial sexual exploitation and abuse. Authorities did not make any efforts to reduce the demand for commercial sex acts.

The Ministry of Labor and Social Security (MOL) did not make sufficient efforts to address forced labor. In 2022, MOL officials conducted 1,150 labor inspections and issued more than 7,753 labor violations but did not identify any cases of forced labor. Authorities did not report screening workers traveling abroad for trafficking indicators and did not report identifying any concerns with employment contracts. In the past, officials may have used these authorities to target those who might want to leave the country. The government did not implement policies to prohibit force, fraud, or coercion by foreign labor recruiters and state-owned or controlled enterprises in recruiting and retaining employees, despite persistent allegations Cuban officials threatened, manipulated, and coerced participants to remain in government-sponsored labor export programs. The government did not explain international labor standards to participants in its labor export schemes working in conditions with strong trafficking indicators. Government policy indicated males older than age of 16 must register with the country’s armed forces and prepare for mandatory military conscription starting at the age of 17; however, in previous years some reports noted the government’s involvement in the forced recruitment of children to serve in military community brigades.

TRAFFICKING PROFILE:

As reported over the past five years, human traffickers exploit domestic and foreign victims in Cuba, and traffickers exploit victims from Cuba abroad. Sex trafficking and extraterritorial commercial sexual exploitation and abuse, including of child victims, occurs within Cuba. Traffickers exploit Cuban citizens in sex trafficking and forced labor in Africa, Asia, the Caribbean, the Mediterranean, Latin America, and the United States. Traffickers exploit foreign nationals from Africa and Asia in sex trafficking and forced labor in Cuba to pay off travel debts. The government identified children, young women, elderly, and disabled persons as the most vulnerable to trafficking. LGBTQI+ individuals and economic migrants are vulnerable to sex trafficking. Government officials may be forcibly recruiting children to join community military brigades charged with repressing citizens who gathered in protest against the regime. Cuban citizens reported being recruited by Russia-affiliated private military companies or by the Russian military with fraudulent employment contracts to later be coerced to fight in Russia’s full-scale invasion of Ukraine. For example, two young Cuban men reported being deceptively recruited to work in Russia as construction workers; however, upon arriving to Moscow, they were allegedly coerced into fighting in Ukraine on behalf of Russian military forces. Some of these individuals reported Cuban authorities were aware of their recruitment and may have facilitated their travel, and they were received in Moscow by a Cuban military official. According to stakeholders, approximately 750 and 1,000 Cubans had traveled to Russia to serve as foreign fighters.

International observers and former participants reported government officials force or coerce individuals to participate and remain in the Cuban government’s labor export programs, particularly the foreign medical missions program, managed by the Unidad Central de Cooperación Médica, the Ministry of Health, and the Ministry of Foreign Trade and Investment. Government-affiliated Cuban workers serving abroad were subjected to forced labor by inherently coercive laws and regulations authorities used to manipulate workers to remain in the program. The Ministry of Interior labeled workers that left the program without completing their assignment as “deserters,” a category that made them “undesirable” under Cuban immigration law, and banned workers from returning to Cuba for eight years. Cuban nationals who did not return to the country within 24 months were categorized as having “emigrated.” Individuals who “emigrated” lost all their citizen protections; rights, including custodial rights over children; and any property left behind, and – if they also defected from a civilian mission – were not allowed to visit their families remaining in Cuba. These government provisions coerced workers and punished those who sought to exercise freedom of movement and will. A report on the rights of the child – published by an international organization – noted concern over Cuba’s policy to prohibit parents who terminated a civilian contract abroad from reuniting with their children. According to an international NGO, by 2021, the Cuban government had sanctioned 40,000 government-affiliated workers under these provisions. In 2022, there were approximately 5,000 children forcibly separated from their parents due to the government’s provisions for the program. The government promoted the program as altruistic, sought new partner countries, and increased its profit at the expense of desperately vulnerable and disempowered workers. The Cuban government reported $4.9 billion in revenue from the export of medical services in 2022 (the last year for which data is currently available) out of a total of $7 billion in service exports. According to the government, medical professionals comprise 75 percent of its exported workforce. According to a government report, there were roughly 22,000 workers in more than 53 countries by the end of 2023. Over the last five years, the labor export program operated or currently operates in Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, The Bahamas, Bahrain, Barbados, Belize, Botswana, Burkina Faso, Cabo Verde, Chad, People’s Republic of China , Djibouti, Dominica, Dominican Republic, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, France, Gabon, The Gambia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Italy, Jamaica, Kenya, Kuwait, Lesotho, Liberia, Maldives, Mauritania, Mexico, Mozambique, Namibia, Niger, Nicaragua, Palau, Panama, Peru, Portugal, Qatar, Saint Kitts and Nevis, Saint Lucia, , Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, South Africa, Spain, Suriname, Tanzania, Timor-Leste, Togo, Trinidad and Tobago, Türkiye, Uganda, United Arab Emirates, United Kingdom, Uruguay, Venezuela, Vietnam, and Zimbabwe. Cuban authorities employ workers through contracts with foreign governments and, in some countries, international organizations serve as intermediaries or provide funds for their work. The Cuban government confiscates between 75 and 95 percent of each worker’s salary, leaving government-affiliated workers with compensation that in many places is an inadequate living wage. Officials retain a portion of each worker’s salary in Cuban bank accounts, and funds can only be paid to the workers when the mission has been successfully completed and the workers have returned to Cuba. Salaries are often paid in Cuban pesos rather than the currency the host government uses to pay Cuba for their services. Survivors of the labor export program reported government minders coerced them into criminal activity by making them falsify patient records, manipulate medical files, report procedures that did not take place, and dispose of medications to corroborate fraudulent records and inflated statistics. In 2023, the U.N. Special Rapporteur (SR) on Contemporary Forms of Slavery sent a letter to Cuban authorities raising concerns over the alleged human rights abuses suffered by government-affiliated Cuban workers, including medical professionals and other civilian personnel. In the letter, the SR focused on abuses documented in Italy, Qatar, and Spain, including insufficient wages paid to workers, exhaustive work hours without adequate remuneration, the confiscation of passports, precarious work conditions, and the retaliation workers faced if they left the program.

In 2021, and with the support of an international NGO, 1,111 alleged trafficking victims filed a complaint with the International Criminal Court and the UN, claiming the Cuban government exploited them and forced them to work in the labor export programs. The complaint stated 75 percent of participants did not volunteer for the program, 33 percent never saw a contract, 69 percent did not know their final destination, 38 percent had their passport confiscated by Cuban officials once they arrived at their destination, 76 percent had “minders,” 76 percent could not freely associate with locals, 79 percent had restrictions on their movement, 91 percent were told they could not return to Cuba if they defected, 75 percent suffered threats or witnessed coworkers being threatened, and 40 percent were separated from their children as punishment for defecting. In 2023, this NGO noted the number of testimonies increased to 1,402. The Cuban government acknowledges it withholds passports of overseas medical personnel in Venezuela, the largest mission, with approximately 19,000 workers. Many Cuban medical personnel claim they work long hours without rest and face substandard and dangerous working and living conditions in some countries, including a lack of hygienic conditions and privacy, and are forced to falsify medical records. Many medical professionals reported being sexually abused by their supervisors.

While the medical missions remain the most prevalent and visible, the government profited from other similarly coercive labor export programs; professional baseball players and coaches, teachers, artists, musicians, architects, engineers, forestry technicians, construction workers, nearly 7,000 sea mariners, and all other government-affiliated workers are vulnerable to forced labor and coercive, fraudulent practices by the Cuban government. In 2023, an online media network aired an anonymous interview with a government-affiliated Cuban engineer previously assigned to a mission in Saint Lucia. According to the worker, he was assigned to a construction project with Cuban firm, UNECA, SA. This individual reported having to transfer most of his salary directly to UNECA, SA, receiving threats from heads of mission, and being prohibited from befriending locals and leaving his residence after 6 p.m. In 2024, three government-affiliated Cuban workers in Spain, including an electrical engineer, a naval mechanic, and a sports specialist, alleged concerning exploitative conditions that may amount to forced labor by the Cuban government. Workers reported not having full awareness of the contracts they signed or knowing their destination until their time of travel, working between 54 and 77 hours a week under deplorable conditions, and withholding of half their wages by Cuban authorities.

Might Cuba Finally Be Ready To Authorize From Abroad Direct Investment And Direct Financing Into Re-Emerging Private Sector? First U.S. OFAC License Issued In 2022. Investor Still Waiting.

The Miami Herald
Miami, Florida
21 June 2024

Cuba Immigration Proposal Seeks To Lure Foreign Investors And Keep Critics At Bay

BY NORA GÁMEZ TORRES
 
A proposed Cuban law would grant permanent residence to foreigners ready to invest in state or private enterprises and special immigration status to Cubans living in the United States and other countries with businesses on the island, a move suggesting the government might be getting ready to open its emerging private sector to foreign investment.

At the same time, the draft of the law, published this week by the National Assembly, would allow authorities to continue using travel bans to punish critics on the island and abroad.

Current laws generally prohibit Cubans living abroad and foreign investors from legally owning or investing in the small- and medium-sized private enterprises that have mushroomed nationwide since they were authorized in 2021.

However, many Cubans abroad have done so anyway through informal channels, using relatives and friends. The current laws must also be modified to implement the changes teased in the immigration proposal. The extent of the immigration benefits for investors is unclear because the draft text leaves key details to be regulated later by the government. The proposal is expected to be voted on by the National Assembly in July.

The draft document offers permanent residence to foreigners “who prove they have assets to use for the purposes of undertaking businesses or making investments in projects or priorities for the country’s development or that may be linked to state or private economic sectors.” It also proposes creating a new “business” or “investor” migration status for Cubans who live permanently abroad but “participate in the Cuban economic model according to ... the law.”

The text, however, does not describe the rights associated with such a status nor how to acquire it. The new status seems designed to offer a “privilege, an incentive to Cubans living abroad and who want to invest in Cuba,” said Eloy Viera Cañive, a Cuban lawyer who contributes to the Cuban news outlet El Toque. “This is also flirting with the Biden administration’s decision to allow investments in [Cuba’s] private sector.”

The decades-old U.S. economic embargo on Cuba is still in place, but the Biden administration has recently eased some restrictions to help the private sector. It has also issued at least two licenses to authorize Americans to invest in a private enterprise in Cuba — to John Kavulich, the head of the U.S.-Cuba Trade and Economic Council, and to former Miami Congressman Joe García.

Despite the island’s growing economic problems, about three years have passed since the authorization of private enterprises on the island and the Cuban government has yet to allow foreign investment in the private sector.

But experts note that the proposal, already green-lit by the country’s Council of Ministers and the Ministry of Interior, has done little to address much of what many Cuban Americans have been advocating for. It has quickly received criticism from human-rights activists because it will give Cuban authorities ample leeway to continue banning Cubans from entering or leaving the country due to their political opinions, citing “national security and public order.”

The proposal also maintains travel restrictions on doctors and other professionals in Cuba, citing the need to protect the workforce. Cuban authorities would also deny entry to foreign visitors who have “promoted” or been involved in “hostile actions against the political, economic and social foundations of the Cuban state.” The text also does not say how authorities define “promoted” or “hostile actions,” but the country’s laws punish people for publishing criticism of the government on social media.

There was an expectation that the Cuban government would allow Cubans with citizenship in the U.S. and elsewhere to enter the country with non-Cuban passports. (Current law mandates Cubans born on the island to use Cuban passports to enter the country even if they are citizens of another country.)

That would allow Cuban Americans to be considered U.S. citizens while on the island and receive services from the U.S Embassy in Havana. However, the proposal contemplates that possibility only if a Cuban national legally renounces his or her citizenship under procedures that will be included in a future citizenship law that has not been published.

A senior Interior Ministry said Thursday on state television that Cubans who live abroad and want to visit the island must do so with their Cuban passports and must abide by Cuban laws while in the country.

The ministry’s chief legal advisor, Lt. Col. Raylan Hernández Concepción, said the country’s 2019 Constitution establishes that the island’s nationals maintain their Cuban citizenship even when they become citizens of other countries. “It follows that while Cubans are in the national territory, they must act as Cuban citizens, they cannot exercise another citizenship,” he said. “From the moment a Cuban enters the country, he must identify himself with the Cuban passport, not with a passport from another country.”

LINK To Article

LINKS To Related Analyses 

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs- Which Could Be Used For Marketing. Jun 9, 2024

Cuba Government Responds To Biden-Harris Administration Newest Initiatives Towards Re-Emerging Private Sector. May 29, 2024

Biden-Harris Administration Issues OFAC Regulations To Help Cuba's "Entrepreneurs" But Again Fails To Make The Most Important Change. May 28, 2024

10 May 2024 Marked Two-Year Anniversary Since OFAC Issued First License To Authorize Investment And Financing Into A Private Company In Cuba. Funding Waits Because Havana Has Yet To Issue Regulations May 13, 2024

Cuba Government Extols Role Of Private Companies- Now 13% Of Official GDP And 8% Of Imports. But, Three Years In And No Authorization For Investment And Financing. Why So Scared? Apr 19, 2024

U.S. To Cuba Exports Increased 10.6% In February. Up 27% Year-To-Year. Products Included Cigarettes, Tea, Apples, Construction Vehicles, Passenger Vehicles & Parts, Confectionery Machines. Apr 8, 2024

Academics Wrong, NGO’s Wrong.  Don’t Blame Diaz-Balart, Blame Diaz-Canel-Valdes Mesa Administration And Biden-Harris Administration For New Cuba Law. Commercial Malpractice- Easy Carpet Roll-Up Apr 6, 2024

Miel Factory In France Unveils New Cuba Honey Harvest- 7 EUR For 250 Grams Mar 20, 2024

OFAC Fines Switzerland-Based Company US$3,740,442.00 For Sanctions Violations, Including For Cuba. Potential Fine Was US$276,441,312.00 Mar 14, 2024

Time For A CRL/BOR List For MSME’s (PYMEs) In Cuba To Provide Confidence And Protection To United States Companies, Entrepreneurs, Financial Institutions, Sources Of Capital, And Suppliers. Mar 13, 2024  

"Soul Of Havana" Coffee Sold At Supermarket In Moscow... Package Lists Russia As Source- And Mentions Belarus..

“Soul of Havana” coffee is 449.99 Rubles (US$5.16) for 200 grams (7 ounces) at a supermarket in Moscow, Russian Federation. The package does not indicate the coffee beans are sourced in the Republic of Cuba. The package wording suggests the coffee is inspired by the Republic of Cuba in terms of taste, intensity.

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs- Which Could Be Used For Marketing.

Cuba Authorizes Advertising In And On Government-Controlled Media, Yet Continues To Block Direct Investment And Direct Financing To MSMEs (micro, small, medium-size enterprises)- Which Could Be Used For Marketing.

“Havana, Jun 7 (Prensa Latina) The recognition of the exercise of advertising and sponsorship in Cuba's public media is a breakthrough in almost 70 years, executives of organizations in the field of communication in this country acknowledged.  Decree-Law 102 on the exercise of advertising and sponsorship was also formalized on Thursday, after a broad consultation that led to the approval of the Social Communication Law, the first in the nation, and its related regulations.

This law regulates the use of advertising and promotion in radio, television, and print and digital media, besides the prohibitions in their practice, Onelio Corderi, vice-president of the Institute of Information and Social Communication (IICS), explained on Thursday.  The Social Communication Law, which will enter into force in four months, has an inclusive approach and defends the rights of citizens from organizational, media, and community spheres, Corderi explained.

Rosa Maria Perez, president of the Cuban Association of Social Communicators (ACCS), stated that Cuba has had a strictly media-based vision of communication processes.  Association of Cuban Journalists (UPEC in Spanish)’s President Ricardo Ronquillo pointed out that the public media system will allow progress in solving the structural problems of the Cuban press.  Belkis Perez, vice-president of the IICS, assured that structures are in place nationwide to implement the law and training programs are being carried out with the directors of the new organization and other social actors.”

LINK TO OFFICIAL TEXT IN PDF FORMAT

CAPÍTULO XV DE LA REGULACIÓN Y CONTROL DE LOS PROCESOS DE COMUNICACIÓN SOCIAL
SECCIÓN PRIMERA
De la regulación Artículo 99. El Instituto de Información y Comunicación Social se encarga de la regulación de los procesos de comunicación social en el país, y del control y evaluación de su
implementación en todas las instancias.
SECCIÓN SEGUNDA
De los registros nacionales de publicaciones seriadas y de sitios web Artículo 100.1. Los registros nacionales de publicaciones seriadas y de sitios web forman parte de los procedimientos de regulación y control de los procesos de comunicación social en el país. 2. Es competencia del Instituto de Información y Comunicación Social dirigir el funcionamiento de los registros referidos en el apartado precedente.
Artículo 101. El Registro Nacional de Publicaciones Seriadas se encarga del proceso de inscripción de las publicaciones seriadas que pertenecen a personas naturales o jurídicas.
Artículo 102.1. El Registro Nacional de Sitios Web se ocupa de la inscripción de los sitios web administrados por personas naturales o jurídicas.
2. La inscripción constituye un requerimiento para recibir los servicios de acceso en línea de los operadores de servicios públicos de telecomunicaciones cubanos, legalmente reconocidos.
Artículo 103.1. Para la inscripción de las publicaciones seriadas y los sitios web en los registros nacionales correspondientes se exige el cumplimiento de lo dispuesto en la Constitución, la presente Ley y la legislación vigente en esta materia.
2. Los demás requisitos exigibles se establecen en la disposición normativa reglamentaria de la presente Ley.
Artículo 104.1. La inscripción de una publicación seriada o sitio web se suspende temporalmente o cancela cuando: a) Se comprueba que se registró sobre la base de informaciones falsas; b) sus contenidos violan parcial o totalmente lo establecido en la Constitución, la presente Ley y su disposición normativa reglamentaria; c) incumpla los objetivos, el perfil editorial y otros elementos contenidos en el expediente aprobado; d) expira el período de vigencia de la inscripción; e) se verifica en su gestión la utilización de fuentes ilícitas de financiamiento; f) se determina por un proceso judicial; g) infringe otros requerimientos estipulados en la disposición normativa reglamentaria de la presente Ley o por el Instituto de Información y Comunicación Social; o h) lo solicita su titular.

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2. En los casos de violación de lo establecido en cuanto a la inscripción y posterior gestión de las publicaciones seriadas y los sitios web, la autoridad facultada adopta con los responsables las medidas administrativas que correspondan, y de ser necesario, promueve los procesos judiciales pertinentes según la legislación vigente.
SECCIÓN TERCERA
Del control e inspección
Artículo 105. Para la evaluación del cumplimiento de las regulaciones establecidas en la presente Ley, sus disposiciones normativas reglamentarias y la legislación vigente en esta materia, el Instituto de Información y Comunicación Social realiza acciones de control a los órganos, organismos y entidades del Estado y demás actores económicos y sociales.
Artículo 106.1. Los sujetos definidos en el artículo anterior garantizan el control de los procesos comunicacionales que gestionan dentro de su esfera de actividad. 2. Estos sujetos se obligan a colaborar y facilitar la labor de control e inspección que se realiza para evaluar el cumplimiento de las regulaciones establecidas en la presente Ley y sus disposiciones normativas reglamentarias.
Artículo 107. Los procedimientos para garantizar la organización y desarrollo de la inspección de la comunicación social son los establecidos en la legislación vigente.
DISPOSICIONES ESPECIALES
PRIMERA: El Presidente de la República tiene la facultad de disponer, ante acontecimientos y asuntos de especial relevancia y connotación pública, que la radio y la televisión transmitan en cadena nacional.
SEGUNDA: El Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, pertenecientes al Ministerio de Cultura, se transfieren al Instituto de Información y Comunicación Social en los ciento ochenta días posteriores a la aprobación de la presente Ley.
TERCERA: La protección de los derechos del autor sobre las obras relacionadas con la comunicación social se rige por lo establecido en la Ley de los Derechos del Autor y del Artista Intérprete.
CUARTA: El incumplimiento de lo regulado en esta Ley, sea por acción u omisión, determina la exigencia de responsabilidad al infractor por la vía administrativa o la judicial según corresponda, de conformidad con el procedimiento que se establece en la disposición normativa reglamentaria de la presente Ley y en la legislación vigente.
DISPOSICIONES TRANSITORIAS
PRIMERA: Los procesos iniciados con anterioridad a la vigencia de la presente Ley ante el Registro Nacional de Publicaciones Seriadas y el Registro Nacional de Sitios Web, sobre los cuales no exista decisión, se tramitan según lo establecido en las disposiciones normativas vigentes en el momento de su presentación.
SEGUNDA: El presidente del Instituto de Información y Comunicación Social, en el término de dos años a partir de la entrada en vigor de la presente Ley, informa al Consejo de Estado los resultados de su proceso de implementación, el que adoptará las medidas que correspondan.
DISPOSICIONES FINALES
PRIMERA: El Consejo de Ministros aprueba las disposiciones normativas reglamentarias de la presente Ley, en un plazo de ciento veinte días, a partir de su publicación en la Gaceta Oficial de la República de Cuba.
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SEGUNDA: Se faculta al presidente del Instituto de Información y Comunicación Social para dictar, en el ámbito de su competencia, las disposiciones normativas que procedan para la aplicación de lo establecido en la presente Ley.
TERCERA: El presidente del Instituto de Información y Comunicación Social, en cumplimiento de sus funciones, crea unidades organizativas y define el Reglamento para la inspección estatal a desarrollar por el organismo y cuantas otras disposiciones se requieran para su mejor ejecución.
CUARTA: El ministro de Relaciones Exteriores, a partir de la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, actualiza en un plazo de ciento veinte días el Reglamento y demás disposiciones normativas sobre el ejercicio de la prensa extranjera en el país.
QUINTA: Los máximos directivos de los órganos, organismos y entidades del Estado y las organizaciones mediáticas, dentro de los ciento veinte días posteriores a la publicación de la presente Ley en la Gaceta Oficial de la República de Cuba, revisan, actualizan y dictan sus disposiciones internas en materia de comunicación social, conforme a lo establecido en esta Ley y sus disposiciones normativas reglamentarias.
SEXTA: Se faculta a los titulares de los ministerios de las Fuerzas Armadas Revolucionarias y del Interior a dictar las disposiciones normativas internas que adecuen lo establecido en la presente Ley a las particularidades de sus organismos.
SÉPTIMA: El control y la inspección de los procesos de comunicación social en los ministerios de las Fuerzas Armadas Revolucionarias y del Interior se rigen por lo regulado en sus disposiciones normativas internas.
OCTAVA: El presidente del Instituto de Información y Comunicación Social responde por el cumplimiento de lo establecido en la presente Ley.
NOVENA: La presente Ley entra en vigor a partir de los ciento veinte días posteriores a su publicación en la Gaceta Oficial de la República de Cuba.
PUBLÍQUESE en la Gaceta Oficial de la República de Cuba.
DADA en la Sala de Sesiones de la Asamblea Nacional del Poder Popular, Palacio de Convenciones, en La Habana, a los 25 días del mes de mayo de 2023.
Juan Esteban Lazo Hernández
Presidente de la Asamblea Nacional del Poder Popular
Miguel M. Díaz-Canel Bermúdez
Presidente de la República
GLOSARIO DE TÉRMINOS

COLONIZACIÓN CULTURAL: Dominación de la industria cultural hegemónica de una potencia sobre pueblos que considera “inferiores”. Supone la imposición de gustos, patrones y modelos de vida propios del colonizador, cuya maquinaria de dominación barre la identidad nacional, la memoria histórica, los valores y los símbolos del colonizado.

CONSULTORÍA: Servicio prestado por una organización social, entidad estatal o institución de carácter público legalmente constituida con ese fin. Emplea profesionales calificados en la identificación e investigación de problemas relacionados con políticas, organización, procedimientos y métodos, y en consecuencia, la recomendación de medidas apropiadas y la prestación de asistencia en la aplicación de dichas recomendaciones.

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La consultoría aporta conocimientos y capacidades especiales, presta ayuda intensiva en forma transitoria, brinda un punto de vista imparcial y aporta argumentos que justifican determinadas decisiones en las organizaciones.

ESPACIO PÚBLICO DIGITAL: Es el escenario del ciberespacio que está disponible para el acceso, el intercambio y la comunicación abierta entre las personas, donde se pueden expresar ideas, compartir información, debatir y colaborar sobre diferentes temas. En este espacio en línea, las personas se reconocen y pueden constituir comunidades sobre la base de sus intereses y motivaciones. Comprende desde un sitio web hasta las plataformas y redes sociales digitales que soportan y prestan servicio de alojamiento, acceso, uso e intercambio público de contenidos.

ESPACIO PÚBLICO FÍSICO: Es el espacio de propiedad pública, dominio y uso público. Es el lugar donde cualquier persona tiene el derecho a circular. Abarca, por regla general, las vías de tránsito o circulaciones abiertas como calles, plazas, carreteras, establecimientos públicos (bibliotecas, escuelas, hospitales, bodegas, instalaciones culturales y deportivas, parques y espacios naturales, entre otros).

MERCADOTECNIA: Es una concepción en la dirección de la empresa, que orienta la misión y visión de las entidades a partir de las necesidades, deseos, percepciones, preferencias y demandas de los clientes, para elaborar planes dirigidos hacia la satisfacción de dichas necesidades y elevar su eficiencia.

ORGANIZACIÓN: Grupo de personas que interactúan entre sí, de manera coordinada, para asumir distintas funciones, tareas o actividades con el propósito de alcanzar determinados objetivos y metas. Dispone de recursos para ese fin, desarrolla procesos comunicacionales propios y su actuación se sustenta en un conjunto de normas y valores que definen la relación entre sus integrantes y el papel que desempeñan.

ORGANIZACIONES MEDIÁTICAS: Son medios de comunicación social que desempeñan su actividad en el ámbito mediático, para lo cual cuentan con estructuras, recursos humanos, financieros y materiales. Se constituyen por un grupo de personas conniveles de especialización en función de cumplir un objetivo común: concebir, producir, distribuir y compartir contenidos que contribuyen a la información, la educación y el entretenimiento de las audiencias, con el empleo de canales y medios tecnológicos. Pueden tener diversos perfiles y objetivos editoriales, destinatarios y alcances espaciales y
culturales.

PUBLICIDAD ABUSIVA O DIRECTA: En esta variante de publicidad ilícita los mensajes se imponen o hacen llegar al consumidor, contra su voluntad y en violación de su privacidad y derechos como ciudadano. Entre las formas y medios que se emplean sobresalen el correo postal o electrónico, llamadas telefónicas, mensajería instantánea o de voz, anuncios en plataformas digitales, visitas a domicilio, abordaje del consumidor por los vendedores en cualquier lugar de la vía pública, u otros.

PUBLICIDAD COMPARATIVA: Este tipo de publicidad es ilícita cuando en su contenido contrapone productos o servicios de diferentes anunciantes para potenciar los atributos de uno en detrimento del otro, o en los casos en que denigre y cree rechazo hacia otros productos o servicios de la competencia.

PUBLICIDAD DESLEAL: Es la que por su contenido, presentación o difusión provoca descrédito de un competidor, persona o empresa, de sus productos, servicios, marcas, nombres comerciales u otros signos distintivos. Comprende también la que se aprovecha injustificadamente del prestigio, los nombres, marcas y demás signos distintivos de otras empresas e instituciones, de las denominaciones de origen o indicaciones geográficas 836Gaceta Oficial de la República 05/06/2024GOC-2024-O48 de otros productos competidores, así como la que constituye plagio de otros anuncios nacionales o de otros países, al emplear textos, lema, visualidad, música o efecto sonoro de otro anunciante, en parte o en todo.

PUBLICIDAD ENCUBIERTA: Es la que, presentada como información, propone, estimula o promociona la contratación de una marca, un servicio o un producto. 

PUBLICIDAD ENGAÑOSA: Su contenido no se corresponde con las condiciones y características reales de los productos, los servicios y las marcas que se anuncian, u omite datos fundamentales de los mismos. Provoca engaño, error o confusión en el consumidor. 

RELACIONES PÚBLICAS: Su esencia es la creación, mantenimiento y consolidación de las relaciones de adaptación e integración entre una organización y sus públicosque redunden en la satisfacción plena de los mismos y de la sociedad en su conjunto. Esuna de las especialidades profesionales que se integra a la práctica de la comunicaciónorganizacional.

SITIO WEB: Es el conjunto de archivos electrónicos y páginas web de contenidos diversos en el espacio público digital, que incluye una página inicial de entrada, con un nombre de dominio y dirección específicos. Se crea y usa por personas naturales y jurídicas, y se accede a él mediante los servicios que brinda el operador público autorizado.
Sus contenidos responden a los intereses de comunicación de las personas, instituciones,
empresas, organizaciones mediáticas u otras entidades.

Using Google Translation

CHAPTER XV REGULATION AND CONTROL OF PROCESSES SOCIAL COMMUNICATION FIRST SECTION Of the regulation Article 99. The Institute of Information and Social Communication is in charge of regulation of the social communication processes in the country, and the control and evaluation of their implementation in all instances.

SECOND SECTION From national serials and website registries Article 100.1. National registries of serial publications and websites form They are part of the regulation and control procedures of communication processes social in the country. 2. It is the responsibility of the Institute of Information and Social Communication to direct the maintenance of the records referred to in the preceding section. Article 101. The National Registry of Serial Publications is in charge of the registration process. registration of serial publications that belong to natural or legal persons. Article 102.1. The National Registry of Websites is responsible for the registration of websites managed by natural or legal persons. 2. Registration constitutes a requirement to receive access services in line of Cuban public telecommunications service operators, legally recognized. Article 103.1. For registration of serial publications and websites in the corresponding national registries, compliance with the provisions of the Constitution, this Law and the current legislation on this matter. 2. The other required requirements are established in the regulatory provisions. of this Law. Article 104.1. Registration of a serial publication or website is temporarily suspended. partially or cancelled when: a) It is proven that it was registered on the basis of false information; b) its contents partially or totally violate what is established in the Constitution, the pre- this Law and its regulatory provisions; c) fails to meet the objectives, the editorial profile and other elements contained in the approved tooth; d) the registration validity period expires; e) the use of illicit sources of financing is verified in its management; f) is determined by a judicial process; g) violates other requirements stipulated in the regulatory provisions of this Law or by the Institute of Information and Social Communication; either h) It is requested by its owner. 833Official Gazette of the Republic 06/05/2024 GOC-2024-O48 2. In cases of violation of the provisions regarding registration and subsequent management tion of serial publications and websites, the empowered authority adopts with the responsible for the corresponding administrative measures, and if necessary, promote the relevant judicial processes according to current legislation.

THIRD SECTION Control and inspection Article 105. For the evaluation of compliance with the regulations established in the this Law, its regulatory provisions and the legislation in force in this matter, the Institute of Information and Social Communication carries out control actions to the organs, agencies and entities of the State and other economic and social actors. Article 106.1. The subjects defined in the previous article guarantee the control of the communication processes that they manage within their sphere of activity. 2. These subjects are obliged to collaborate and facilitate the control and inspection work carried out. carried out to evaluate compliance with the regulations established in this Law and its regulatory provisions. Article 107. The procedures to guarantee the organization and development of the inspection of social communication are those established in current legislation.

SPECIAL PROVISIONS FIRST: The President of the Republic has the power to order, in the event of ments and issues of special relevance and public connotation, that radio and television sion broadcast on the national network.

SECOND: The National Registry of Serial Publications and the National Registry of Websites, belonging to the Ministry of Culture, are transferred to the Information Institute. mation and Social Communication in the one hundred and eighty days following the approval of this Law.

THIRD: The protection of author's rights over works related to Social communication is governed by the provisions of the Copyright Law and of the Performing Artist.

FOURTH: Failure to comply with the provisions of this Law, whether by action or omission, the demand for liability of the offender through administrative or judicial means ends as appropriate, in accordance with the procedure established in the provision normative regulation of this Law and in current legislation.

TRANSITORY DISPOSITIONS

FINAL PROVISIONS FIRST: The Council of Ministers approves the regulatory provisions of this Law, within a period of one hundred and twenty days, from its publication in the Official Gazette of the Republic of Cuba. 834Official Gazette of the Republic 06/05/2024GOC-2024-O48

SECOND: The president of the Institute of Information and Communication is empowered Social to dictate, within the scope of its competence, the normative provisions that pro- give way for the application of the provisions of this Law.

THIRD: The president of the Institute of Information and Social Communication, in fulfillment of its functions, creates organizational units and defines the Regulations for the state inspection to be carried out by the agency and how many other provisions are required. want for their best execution.

FOURTH: The Minister of Foreign Affairs, after the publication of the pre- This Law in the Official Gazette of the Republic of Cuba, updates within a period of one hundred twenty days the Regulations and other normative provisions on the exercise of the pre- foreign company in the country.

FIFTH: The top managers of the organs, agencies and entities of the State and media organizations, within one hundred and twenty days after publication of this Law in the Official Gazette of the Republic of Cuba, review, update and dictate their internal provisions regarding social communication, in accordance with the established in this Law and its regulatory provisions.

SIXTH: The heads of the ministries of the Revolutionary Armed Forces are empowered lutionaries and the Interior to dictate the internal regulatory provisions that adapt the established in this Law to the particularities of its organizations.

SEVENTH: The control and inspection of social communication processes in the ministries of the Revolutionary Armed Forces and the Interior are governed by the regulations do in its internal regulatory provisions.

EIGHTH: The president of the Institute of Information and Social Communication responds for compliance with the provisions of this Law.

NINTH: This Law comes into force one hundred and twenty days after to its publication in the Official Gazette of the Republic of Cuba.

BE PUBLISHED in the Official Gazette of the Republic of Cuba. GIVEN in the Session Room of the National Assembly of People's Power, Palace of Conventions, in Havana, on the 25th day of May 2023. Juan Esteban Lazo Hernandez President of the National Assembly of People's Power Miguel M. Díaz-Canel Bermúdez Republic President

GLOSSARY OF TERMS CULTURAL COLONIZATION: Domination of the hegemonic cultural industry of a power over peoples that it considers “inferior.” It supposes the imposition of tastes, patterns and models of life typical of the colonizer, whose machinery of domination rre national identity, historical memory, values and symbols of the colonized.

CONSULTING: Service provided by a social organization, state entity or public institution legally constituted for that purpose. Employ professionals qualified in the identification and investigation of policy-related problems, organization, procedures and methods, and consequently, the recommendation of measures appropriate measures and the provision of assistance in the implementation of such recommendations. 835Official Gazette of the Republic 06/05/2024 GOC-2024-O48 Consulting provides special knowledge and skills, provides intensive help temporarily, provides an impartial point of view and provides arguments that justify certain decisions in organizations.

DIGITAL PUBLIC SPACE: It is the cyberspace scenario that is available for access, exchange and open communication between people, where they can They can express ideas, share information, debate and collaborate on different topics. In In this online space, people recognize each other and can form communities based on based on your interests and motivations. It includes everything from a website to platforms and digital social networks that support and provide hosting, access, use and public exchange of content.

PHYSICAL PUBLIC SPACE: It is the space of public property, domain and public use. war It is the place where anyone has the right to circulate. It covers, as a rule In general, open traffic routes or circulations such as streets, squares, highways, stations. public facilities (libraries, schools, hospitals, wineries, cultural facilities and sports, parks and natural spaces, among others).

MARKETING: It is a conception in the management of the company, which guides the mission and vision of the entities based on the needs, desires, perceptions, preferences rences and demands of customers, to develop plans aimed at customer satisfaction. these needs and increase their efficiency.

ORGANIZATION: Group of people who interact with each other, in a coordinated manner. nothing, to assume different functions, tasks or activities with the purpose of achieving certain objectives and goals. It has resources for this purpose, develops processes own communication mechanisms and their actions are based on a set of norms and values that define the relationship between its members and the role they play.

MEDIA ORGANIZATIONS: They are social media that dis- engage their activity in the media field, for which they have structures, re- human, financial and material courses. They are made up of a group of people with levels of specialization based on meeting a common objective: conceiving, producing, distribute and share content that contributes to information, education and entertainment of audiences, with the use of technological channels and means. Well- They may have diverse profiles and editorial objectives, recipients and spatial and cultural.

ABUSIVE OR DIRECT ADVERTISING: In this variant of illicit advertising, the men- messages are imposed or made to reach the consumer, against his will and in violation of his privacy and rights as a citizen. Among the forms and means that are used These include postal or email mail, telephone calls, instant messaging or voice, advertisements on digital platforms, home visits, consumer approach by sellers anywhere on public roads, or others.

COMPARATIVE ADVERTISING: This type of advertising is illegal when in its context had contrasted products or services from different advertisers to enhance the attributes buts of one to the detriment of the other, or in cases in which it denigrates and creates rejection towards other competing products or services.

UNFAIR ADVERTISING: It is that which, due to its content, presentation or dissemination, causes discredit of a competitor, person or company, of its products, services, brands, trade names or other distinctive signs. It also includes what is used unjustifiably of the prestige, names, brands and other distinctive signs of other companies and institutions, of appellations of origin or geographical indications 836Official Gazette of the Republic 06/05/2024GOC-2024-O48 of other competing products, as well as that which constitutes plagiarism of other advertisements national or other countries, when using texts, slogans, visuals, music or sound effects from another advertiser, in part or in whole.

COVERT ADVERTISING: It is that which, presented as information, proposes, stimulates or promotes the contracting of a brand, a service or a product.

MISLEADING ADVERTISING: Its content does not correspond to the conditions and actual characteristics of the products, services and brands advertised, or omit fundamental data thereof. Causes deception, error or confusion in the consumer.

PUBLIC RELATIONS: Its essence is the creation, maintenance and consolidation tion of adaptation and integration relationships between an organization and its publics that result in their full satisfaction and that of society as a whole. Is one of the professional specialties that is integrated into the practice of communication organizational.

WEBSITE: It is the set of electronic files and web pages of content diverse in the digital public space, which includes an initial entry page, with a specific domain name and address. It is created and used by natural and legal persons. dicas, and is accessed through the services provided by the authorized public operator. Its contents respond to the communication interests of people, institutions, companies, media organizations or other entities.

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