Art. 55 of Decree-Law No. 35 stipulates that there is a mandate for operators to share certain resources associated with ducts, conduits, towers, poles, and other facilities. Art. 29 defines passive telecommunications infrastructures as installations that are primarily composed of towers, masts, poles, ducts, channels, conduits, chambers, cables, and dark fibre, among other components, and which are situated in various locations, including aerial, terrestrial, underground, submarine, or underwater.

The Cuban telecommunications framework is defined by the prohibition of private provision of internet and mobile services and by the concentration of control in the state-owned operator Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), through which all internet access is channelled and whose subsidiary Cubacel serves as the sole mobile provider. This structure is legally reinforced by Art. 1 of Decree No. 124/2025, which grants ETECSA an administrative concession to provide public telecommunications services nationwide, while Art. 3 defines the scope of those services to include basic telephony, signal-carrying services, data transmission, and terrestrial mobile cellular telecommunications, and Art. 4.1 establishes an exclusivity period extending until 2036. In parallel, the Annex of Decree No. 107, specifically activities 65 and 66, prohibits private micro, small, and medium-sized enterprises, non-agricultural cooperatives, and self-employed workers from providing public internet access or related services.

The government holds all the shares in Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), the sole telecommunications operator in Cuba, responsible for the provision of fixed, mobile, data, and internet services. The "Unnumbered Agreement of 2011 of the Council of Ministers" announced that the government had acquired full ownership of the company. Prior to this, the private firm Telecom Italia held a 27% stake in ETECSA, which was purchased by the state‑owned enterprise Rafin S.A. Since that transaction, the telecommunications company has been entirely owned by six Cuban state entities.

Cuba does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Art. 25 of Decree-Law No. 35 establishes that "public telecommunications services have priority over private telecommunications services" explicitly imposing, within a legal framework, discrimination against foreign companies in favour of the state ones. The Cuban telecommunications framework is defined by the prohibition of private provision of internet and mobile services and by the concentration of control in the state-owned operator Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), through which all internet access is channelled and whose subsidiary Cubacel serves as the sole mobile provider. This structure is legally reinforced by Art. 1 of Decree No. 124/2025, which grants ETECSA an administrative concession to provide public telecommunications services nationwide, while Art. 3 defines the scope of those services to include basic telephony, signal-carrying services, data transmission, and terrestrial mobile cellular telecommunications, and Art. 4.1 establishes an exclusivity period extending until 2036. In parallel, the Annex of Decree No. 107, specifically activities 65 and 66, prohibits private micro, small, and medium-sized enterprises, non-agricultural cooperatives, and self-employed workers from providing public internet access or related services.

Cuba has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Cuba does not have a telecommunications authority whose decision‑making processes are fully independent from the government. In fact, no separate telecommunications regulator exists. Art. 2 of Decree‑Law No. 308 of 2013 states that the Ministry of Communications is the body responsible for proposing, and once approved, directing and supervising State and governmental policy for the country’s unified communications system. This system includes telecommunications, information technology, radiocommunications, postal services, communications‑related automation, radio‑spectrum management, and the corresponding technical and support functions.

Although Law 118 on foreign investment does not restrict investments in the online commerce sector, the state company CIMEX, with its company Tuenvio.cu, is the only platform that offers online purchases in Cuba.

Cuba is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

It is reported that Cuba generally lacks accessible public procurement data, reflecting minimal institutional transparency and limited oversight in this domain. Grand corruption risks, though less visible, are nonetheless present, particularly in sectors involving high‑value state assets such as procurement.

Cuba is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

The Cuban telecommunications framework is defined by the prohibition of private provision of internet and mobile services and by the concentration of control in the state-owned operator Empresa de Telecomunicaciones de Cuba S.A. (ETECSA), through which all internet access is channelled and whose subsidiary Cubacel serves as the sole mobile provider. This structure is legally reinforced by Art. 1 of Decree No. 124/2025, which grants ETECSA an administrative concession to provide public telecommunications services nationwide, while Art. 3 defines the scope of those services to include basic telephony, signal-carrying services, data transmission, and terrestrial mobile cellular telecommunications, and Art. 4.1 establishes an exclusivity period extending until 2036. In parallel, the Annex of Decree No. 107, specifically activities 65 and 66, prohibits private micro, small, and medium-sized enterprises, non-agricultural cooperatives, and self-employed workers from providing public internet access or related services.

According to Art. 253 of the Decree No. 1165/2019, the value of products delivered by postal traffic must not exceed USD 2,000. Postal traffic corresponds to correspondence, postal packages, or online purchases that arrive in Colombia through the Official Postal Operator Network.