Other Reactions to New Treasury Department Regulations on Cuba Private Enterprise   

A senior official of the Biden Administration said that it is “essential” for the Biden administration to make sure the private sector continues to expand on the island to encourage Cubans to become self-sufficient and more independent from the government. The official also said the policy would help to stem migration from the island and counter actions by other nations, hinting at Russia, which Cuban authorities tapped to help them manage the private sector on the island. ‘Providing support for Cuba’s private sector will help to stem irregular migration from the island by creating more economic opportunity,’ the official said. ‘We believe that engaging in support of Cuba’s independent private sector will ensure that these important continental actors are supported by the United States and make it more difficult for other state actors who wish to engage economically in Cuba only in support of the government and without supporting the private and entrepreneurial sector.’”

Now “Cuban software developers to have their apps available for download on the Apple or Google app stores.”

Another administration official observed, “In light of the ‘dire straits’ of the Cuban economy, it’s clear the communist experiment in Cuba has failed and the government is no longer able to provide for its citizens‘most basic needs in a country where there are no free elections.”

“The Cuban private sector has rapidly expanded since it was first allowed in 2021, and there are now more than 10,000 small and medium enterprises, employing a third of all Cuban workers. Because the government is almost bankrupt amid a severe economic crisis, the private sector has taken roles previously unthinkable in a communist island that once banned all private property. These enterprises, known by their acronym mipymes in Spanish, have become major importers of food and other necessities in the midst of the widespread scarcity. They have become significant suppliers of the flour that state-owned bakeries need to produce bread for the public.”

“’We can congratulate the Biden administration on its commitment to helping civil society,’ said former Congressman Joe García, who has pushed to step up U.S. support to private businesses on the island. ‘These new small independent players perhaps offer the only option for helping the Cuban people.’

Ric Herrero, the executive director of the Cuban Study Group, a Washington-based organization that provides training and support to Cuban independent entrepreneurs, said on X that the ‘excessive delay’ in publishing the regulations ‘due to congressional extortion tactics has caused undue harm to independent Cuban entrepreneurs and to efforts to expand internet access in Cuba.’

John Kavulich, the president of the U.S.-Cuba Trade and Economic Council, said ‘the measures are a step in the right direction but don’t go far enough in regularizing banking transactions. While Cuban entrepreneurs can operate their U.S. accounts, it will be difficult for them to transfer money from and to their accounts using Cuban banks because there are no direct banking relations between the two countries.”

Kavulich also said, “While useful for the Biden-Harris Administration to …authorize entrepreneurs to have bank accounts in the United States, there remains one glaring omission — the continuing prohibition upon direct correspondent banking. As long as financing, investment, and payments need to be routed through third countries, the Biden-Harris Administration will be constraining precisely the activity it professes to support.”

Pedro A. Freyre, a lawyer and chairman of international practice at a major law firm in Miami, said, “the new regulations will provide more clarity regarding the private sector.” Nevertheless, the U.S. continuation of the terrorism designation [for Cuba] “has a chilling effect and banks engage in overcompliance.”

Aldo Alvarez, a lawyer based in Havana who runs a private food wholesale business, said,  “This announcement is very positive for the Cuban private sector, since it allows it to legally operate its payments collections in the U.S.”

Criticism of the new regulations came from U.S. Representatives Carlos Gimenez and Maria Elvira Salazar, both Republicans from Florida.\

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Adams, Biden Moves to Open U.S. Banks to Cuba’s Private Sector, N.Y. Times (May 28, 2024); DeYoung, Biden administration eases some economic restrictions on Cuba, Wash. Post (May 28, 2024); Torres, In a first, Cuba’s private business owners will be able to use U.S. banks, Treasury says, Miami Herald, (updated 3:15 pm, May 28, 2024).

 

 

 

 

Cuba Relaxes Some New Rules Regarding Private Enterprise

On December 7 Cuba implemented new rules for its private sector (the “self-employed” in Cuban parlance) that had been announced on July 10.[1]

However, these new rules had been relaxed or liberalized in the following respects from those earlier announced:

  • The proposed limit of one self-employment license per person was eliminated.
  • Licenses for 26 of the 27 activities that had been suspended will be resumed. (The other suspended category (self-employed computer programmers) will remain suspended until specific norms for this area are developed.)
  • The proposed limit on the maximum capacity of 50 customers for food-service establishments was eliminated, with capacity to be determined by the size of the site to be utilized.
  • The required minimum balance of a commercial bank account: will be reduced from three monthly tax quotas to two, for operations in six categories (food services, restaurants and cafeterias; bar and recreational services; rental of rooms and spaces; construction, repair and maintenance services; and transportation of passengers in the capital).
  • Up to 35% of income of the foregoing establishments need not be deposited in the commercial bank account, to provide greater flexibility.

In announcing these changes, the Minister of Labor and Social Security Margarita González Fernández commented that, as projected, this modality of employment has generated jobs, expanded options for the population, and freed the state from the responsibility of managing small-scale activities that do not play an essential role in the national economy.

She also emphasized these adjustments reflect the government’s intention to recognize the positive role played by self-employment workers in the updating of our economic model, and to take into consideration the opinion and experiences of those directly involved, with the goal of establishing a climate of order and discipline in the sector.

However, there were no changes to the proposed rules regarding private taxis obligating drivers, for example, to purchase a minimum amount of fuel from state gas stations with huge markups in order to curb the black market for fuel amid a decline in oil supplies from ally Venezuela. The new rules  also fix prices for the set, shared routes.[2]

Some private drivers in Havana have said the new rules are so stifling that they prevent them from making a living, so they would rather give up their licenses to operate as taxis. The Vice Minister for Transport Marta Oramas said that around 800 drivers had handed in their licenses so far.

Anticipating this reduction in an already severe shortage in public transportation, the government said it was importing hundreds of microbuses and buses to alleviate the shortage.

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[1] Martinez Hernández, Legal norms governing self-employment modified, Granma (Dec. 6, 2018); These are the new regulations to control the Cuban private sector, Diario de Cuba (Dec. 7, 2018). See also Cuba Announces New Regulations for Private Businesses, dwkcommentaries.com (July 10, 2018); More Details on New Cuban Regulations on Private Business, dwkcommentaries.com (July 11, 2018).

[2] Reuters, Cuba Reinforces Public Transport as It Clamps Down on Private Taxis, N.Y. times (Dec. 6, 2018).