Database

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CUBA

Since April 2018
Since March 2020, entry into force in April 2020

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Resolution No. 54/2018 (GOC‑2018‑267‑EX26) - Guidelines for the Organisation and Implementation of Consumer Protection within the Domestic Trade System (Resolución No. 54/2018 (GOC-2018-267-EX26) - Indicaciones para la Organización y Ejecución de la Protección al Consumidor en el Sistema de Comercio Interno)

Resolution No. 42/2020 (GOC‑2020‑217‑EX13) - Regulations for the Implementation of Electronic Commerce through Virtual Stores (Resolución No. 42/2020 (GOC-2020-217-EX13) - Regulaciones Para la Implementación del Comercio Electrónico a Través de Tiendas Virtuales)
Resolution No. 54/2018 and Resolution No. 42/2020 provide a comprehensive framework for consumer protection that also applies to online transactions. Resolution No. 54/2018 sets out the principles that govern consumer protection in Section 5, the rights afforded to consumers in Section 6, and the general obligations imposed upon suppliers of goods and services in Section 10. Section 3 further states that the protection granted to consumers who engage in electronic commerce is equivalent to the protection offered in other forms of commercial activity. Additionally, Art. 1 of Resolution No. 42/2020 provides that its purpose is to establish provisions relating to electronic commerce, including those concerning consumer rights. Chapter IV is expressly dedicated to the rights of consumers and the obligations of suppliers.
Coverage Horizontal

CUBA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Cuba has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CUBA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cuba has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CUBA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cuba has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CUBA

Since November 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Resolution No. 179/08 Regulation for Internet Access Service Providers to the Public (Resolución No. 179/08 Reglamento para los Proveedores de Servicios de Acceso a Internet al público)
Art. 19 (e) of Resolution No. 179/08 requires that Internet access service providers must ensure that software with cryptographic systems or encrypted file transfer is not used.
Coverage Internet access providers

CUBA

Since May 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Resolution No. 99/2019 (GOC‑2019‑491‑O39): Regulations Governing Private Data Networks (Resolución No. 99/2019 (GOC-2019-491-O39): Reglamento para las redes privadas de datos)
Art. 21.8 of Resolution No. 99/2019 stipulates that applicants for an operating licence for private data networks must provide information concerning the cryptographic protocols and algorithms used to protect communications, which must have been authorised by the competent authority. Art. 27.l further requires holders to obtain approval for the use of any supported application or service that employs cryptographic methods for protecting transmitted information, with holder referring to the person authorised by the Ministry of Communications to provide private data transmission services through a private telecommunications network. Art. 2 defines a private data network as a telecommunications network whose infrastructure is installed within a single locality or across multiple geographically distinct localities interconnected by telecommunications links for the purpose of meeting the data service needs of its holder.
Coverage Private data networks

CUBA

N/A

Pillar Online sales and transactions  |  Indicator Maximum foreign equity share for investment in the e-commerce sector
Restrictions connected to the CIMEX Company and the Tuenvio.cu platform
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.
Coverage E-commerce sector

CUBA

Since November 2020, entry into force in January 2021

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
Decree-Law No. 22/2020 - Customs Tariff of the Republic of Cuba for Non‑Commercial Imports (Decreto Ley No. 22/2020 - Arancel de Aduanas de la República de Cuba para las Importaciones sin Carácter Comercial)
Art. 12 of Decree-Law No. 22/2020 establishes a quantitative limitation on non-commercial imports by providing that the total value of the goods contained in each consignment may not exceed USD 200.
Coverage Horizontal

CUBA

Since March 2020

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
Online shopping guide on the Tuenvio.cu platform
In June 2020, Cimex Corporation notified all users of the "tuenvio.cu" e-commerce platform via email about new regulations for online purchases. According to these updated regulations, users of the Tuenvio.cu platform, which facilitates e-commerce in Cuba, is limited to one purchase per day for food and toiletries combos. These restrictions were outlined in Cimex's online shopping guide, which is available on the Tuenvio.cu platform, ensuring customers were aware of the daily purchase limits.
Coverage E-commerce sector

CUBA

N/A

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Restrictions connected to the CIMEX Company and the Tuenvio.cu platform
There are no formal licensing requirements in Cuba in the electronic commerce sector. However, Cuba has only one online trading platform called Tuenvio.cu, which is managed by the state-owned company CIMEX. This, indirectly, represents a restriction that excludes foreign companies that want to seek licenses to manage an electronic commerce platform.
Coverage E-commerce sector

CUBA

Since June 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Decree-Law No. 370/2019 on the Informatization of Society in Cuba (Decreto Ley No. 370/2019 Sobre la Informatización de la Sociedad en Cuba)
According to Art. 8 of Decree-Law 370, the Ministry of Communications issues licenses to providers of services related to the computerisation of Cuba so that they can project, install, maintain and market computer programs and applications according to the conditions set forth in the law.
Coverage ICT sector

CUBA

Since June 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Resolution No. 127/2019 (GOC‑2019‑554‑O45) - Regulation of Public Providers of Internet Hosting and Housing Services (Resolución No. 127/2019 (GOC-2019-554-O45) - Reglamento del Proveedor de Servicios Públicos de Alojamiento y de Hospedaje en el Entorno Internet)
Resolution No. 127/2019 establishes the regulations governing the organisation, operation, and issuance of operating licences for providers of public internet hosting services in the national territory. Art. 5 provides that the licence is granted by the "Unidad Presupuestada Técnica de Control del Espectro Radioeléctrico del Ministerio de Comunicaciones" (UPTCER).
Coverage Public web hosting

CUBA

Since June 1994

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 153/1994 (Resolución No. 153/1994)
According to Art. 2 of Resolution No. 153, all entities established in Cuba to carry out export or import activities must be registered in the National Registry of Exporters and Importers.
Coverage Import activities

CUBA

Since July 2022, entry into force in August 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 175/2022 (GOC-2022-752-EX45) (Resolución No. 175/2022 (GOC-2022-752-EX45))
Chapter 5 of Annex II to Resolution No. 175/2022 stipulates that the Cuban Customs Authority authorises the importation of information and communications technology equipment in specific quantities, permitting up to three computing devices of any type, including a complete desktop microcomputer, a laptop, a tablet PC, an e‑reader or any similar item; up to five mobile telephones, whether basic or smart models; and up to three telecommunications‑related items or network devices, including accessories or peripherals for computing equipment such as mice, keyboards or other comparable components.
Coverage Information and communications technology equipment

CUBA

Since July 2022, entry into force in August 2022
Since October 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 175/2022 (GOC-2022-752-EX45) (Resolución No. 175/2022 (GOC-2022-752-EX45))

Resolution No. 272/2015 (GOC-2016-97-O7) (Resolución No. 272/2015 (GOC-2016-97-O7))
Chapter 5 of Annex II to Resolution No. 175/2022 and Section 2 of Resolution No. 272/2015 stipulate that, when imported by legal entities, the following categories of communications equipment require prior authorisation from the Cuban Ministry of Communications (MINCOM): wireless fax machines; wireless microphones and their accessories; data‑network devices such as routers, switches, and similar equipment; radio transmitters and transceivers of any type and service, including fixed, mobile, and personal stations (for example, walkie‑talkies and satellite telephones), together with their components and power amplifiers; wireless telephones operating in frequency bands not authorised by MINCOM; telephone switchboards of all types; wireless access points such as RLAN devices and comparable equipment, except for Wi‑Fi equipment, which is governed by its own specific regulatory framework; professional radio receivers distinct from domestic radio and television sets; satellite earth stations and transmitting and receiving satellite‑communications terminals, including satellite‑television receiving stations, parabolic antennas, their accessories, and portable or other satellite telephones; and equipment intended for the mass transmission of data, text, or voice by wireless means.
Coverage Communications equipment

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