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.

Art. 68.f of Decree‑Law No. 370/2018 stipulates that hosting a website on servers located in a foreign country, except where such hosting functions solely as a mirror or replica of the primary website situated on servers within national territory, constitutes a violation related to ICT. Similarly, Art. 82 of Decree No. 360/2019 provides that when, due to connectivity requirements or other considerations, an entity must host a website on servers outside the country, this may only be undertaken as a mirror or replica of the principal website hosted on servers in Cuba. It further requires the adoption of all necessary measures to guarantee the security of the website, particularly during the process of updating information. In addition, Art. 83 establishes that an entity’s network servers intended to facilitate external access and those intended for internal use must be installed in distinct areas of the network in order to prevent any connection between them.

Art. 19 of the Foreign Investment Law stipulates that, for the establishment of an international economic association, the national investor must negotiate with the foreign investor every aspect of the investment, including its economic feasibility, the respective contributions of the parties, the proposed governance and administrative structure, and the legal instruments required for its formalisation. In the case of a wholly foreign‑owned enterprise, the Ministry of Foreign Trade and Foreign Investment designates the Cuban entity responsible for the relevant sector, subsector, or economic activity with which the investor must examine the proposal and from which written approval must be obtained. Art. 20 provides that the Cuban State authorises only those foreign investments that do not compromise national defence and security, the nation’s patrimony, or the environment. Art. 21 further establishes that approval to undertake foreign investments within national territory is granted, depending on the sector, modality, and characteristics of the proposed investment, by one of the following organs of the State: the Council of State, the Council of Ministers, or the head of the competent body of the Central State Administration authorised for this purpose.

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.

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.

Pursuant to Art. 3 of Decree 2025/2015, imports under the postal traffic and express shipments regime may include a maximum of one smartphone or mobile (cellular) telephone per shipment, provided that the item complies with the applicable customs requirements and the addressee is a natural or legal person. The Decree also prohibits split or fragmented shipments made in the name of the same addressee.
For these purposes, postal traffic refers to correspondence, postal parcels, or online purchases that enter Colombia through the network of the Official Postal Operator.

Under Article 91 of Law 633 of 2000, all websites and Internet sites of "Colombian origin" whose economic activity is commercial, financial or service-related must register with the Commercial Registry and provide information on economic transactions to the National Tax and Customs Directorate (DIAN). The Superintendency of Industry and Commerce and the DIAN (Official Letter 021357) have stated that "if the obligated party is domiciled in Colombia, its website or Internet site shall be of Colombian origin".