More Details on New Cuban Regulations on Private Business

A prior post discussed Cuba’s new regulations for the self-employed sector (the private sector) of the economy. More details on these new regulations are provided by Nora Gámez Torres in the Miami Herald.[1]

She says that he new regulations limit a Cuban to owning only one private enterprise and impose higher taxes and more restrictions on many self-employment endeavors, including the arts. All of these measures are designed “to limit the accumulation of wealth by Cubans.”

As a result, a Cuban who runs a private restaurant (a paladar) will not be able to rent a room in his or her home. The Cuban Vice Minister for Labor and Social Security, Marta Elena Feitó Cabrera, explained that owning more than one business “is not the essence and the spirit of the TCP [self-employment], which consists of workers exercising their daily activities.”

The government also stated it would eliminate the tax exemption for businesses that have up to five employees and would instead impose a tax on a sliding scale that increases with each worker hired. It also ordered an increase in the required minimum monthly taxes of businesses in various categories. Economists, however,  have warned that more taxes on hiring employees could dramatically hamper the development of the private sector at a critical moment.

To increase state controls, each authorized activity will be under the supervision of a state ministry, in addition to the municipal and provincial government entities, which can intervene to set prices. The level of control reaches such extremes that the Official Gazette published a table with classifications on the quality of public restrooms and the leasing rates that would have to be paid by “public bathroom attendants,” one of the authorized self-employment categories. Some public bathrooms are leased by the state to individuals who then are responsible for upkeep and make their money by charging users a fee.

The new regulations also could have a significant impact on the cultural sector with the Ministry of Culture empowered to increase control over artists and musicians and impose more censorship in the country.

For example, there now are fines and forfeitures, as well as the possible loss of the self-employment license, to those who hire musicians to perform concerts in private bars and clubs as well as in state-owned venues without the authorization of the Ministry of Culture or the state agencies that provide legal representation to artists and musicians. Many artists in urban genres such as reggaeton and hip-hop, who have been critical of the Cuban government, do not hold state permits to perform in public. However, many usually perform in private businesses or in other venues. Painters or artists who sell their works without state authorization also could be penalized.

Even books are the target of new censorship: private persons, businesses and state enterprises may not sell books that have “contents that are harmful to ethical and cultural values.”

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[1]  Gámez, Cuba imposes more taxes and controls on private sector and increases censorship of the arts, Miami Herald (July 10, 2018).

New Cuban Limits on Private Enterprises

On August 1, the Cuban government announced suspensions in the issuance of permits for a large number of private occupations and ventures, including restaurants, bed-and-breakfasts, teachers, street vendors of agricultural products, dressmakers and the relatively recent profession of real estate broker.[1]

The announcement said those already engaged in these private occupations and ventures could continue to operate, but it did not say when the suspensions would end.

In addition, there will be no additional authorizations for “wholesale agricultural product salesman, agricultural retailer, ambulant operator or seller of agricultural products, seller/buyer of discs and operator of equipment of recreation for the rustic equipment.”

This announcement had been preceded by the government’s seizing and closing some private restaurants.[2] In June, for example, the government’s Technical Department of Investigations raided El Litoral, a popular Havana paladar known for its high-end cuisine and customers, and removed all of its fixtures, and others speculated it allegedly was engaged in money-laundering, buying liquor from unlawful suppliers and paying some employees off the books. Two other Havana private restaurants suffered the same fate in June.

These governmental measures were mentioned  by President Raúl Castro in his July speech to Cuba’s National Assembly that was discussed in an earlier post.

He said that rules regarding private enterprises would be enforced and that Cubans would not be permitted to start mini-empires with multiple businesses. Thereafter the National Assembly said a “concentration of property and financial and material wealth would not be permitted.”

Raúl’s message essentially was repeated by Marta Elena Feitó Cabrera, the first deputy minister of Labor and Social Security, in discussing the new suspensions: the decision for suspensions “is part of a systematic process of review and improvement, aimed at correcting deficiencies, so that no action Is outside the legality. The most recent evaluation of the performance of this sector has shown . . . that raw materials, and equipment of illicit origin are used; non-compliance with tax obligations persists and income is under-declared; [there is] lack of confrontation and timely resolution of problems; there are uncertainties and inadequacies in control as well as deficiencies in economic contracting for the provision of services or supply of products between legal persons and natural persons.”

Nevertheless, Cuba is not closing down the private sector with 567,982 outstanding licenses for self-employed workers (12% of the total work force), 2,000 private restaurants and 22,000 rooms in casas particulares (private bed-and-breakfasts). As the CubaDebate article states, “the validity of this form of management as an employment option is unquestionable. Not only has it facilitated the labor reorganization process, it has also succeeded in increasing the supply of goods and services with acceptable levels of quality, as well as gradually lightening the state’s burden to allow it to concentrate on transcendental activities for Cuban economic development.”

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[1] Puig,  Announce new measures for self-employment in Cuba, CubaDebate (Aug. 1, 2017); Assoc. Press, Cuba Stops Issuing New Permits for Some Private Enterprises, N.Y. Times (Aug. 1, 2017).

[2]  Whitefield, Cuba reins in entrepreneurs who take free enterprise too far, Miami Herald (July 31, 2017).