CUBA
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
High registration costs for domain names
It is reported that the high cost of registering domain names represents a restriction as it is three times higher than the average for the Americas region, costing approximately USD 950.
Coverage Horizontal
CUBA
Since May 2018
Since March 2020
Since March 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Resolution No. 54/2018 of the Indications for the Organisation and Execution of Consumer Protection in the Internal Trade System (Resolución No. 54 del 2018 de las Indicaciones para la organización y ejecución de la protección al consumidor en el sistema de comercio interno)
Resolution No. 42/2020 on the Regulations for the Implementation of Electronic Commerce Through Virtual Stores (Resolución No. 42/2020 sobre las Regulaciones Para la Implementación del Comercio Electrónico a Través de Tiendas Virtuales)
Resolution No. 42/2020 on the Regulations for the Implementation of Electronic Commerce Through Virtual Stores (Resolución No. 42/2020 sobre las Regulaciones Para la Implementación del Comercio Electrónico a Través de Tiendas Virtuales)
Resolution 54 of 2018 provides a comprehensive framework for consumer protection that also applies to online transactions. Section 5 of the Resolution establishes the principles of consumer protection, while Section 6 dictates the rights of consumers. Furthermore, Chapter IV of Resolution 42 of 2020 lists consumer rights and supplier obligations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221122032605/http://juriscuba.com/organismos-estatales-2/comercio-interior/resolucion-no-54-2018/
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=cu
- https://web.archive.org/web/20230619180240/https://www.cubahora.cu/sociedad/como-se-protegen-a-los-consumidores-en-cuba
- https://web.archive.org/web/20220720180016/https://www.gacetaoficial.gob.cu/sites/default/files/goc-2020-ex13_0_0.pdf
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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 Content access |
Indicator Restrictions on online advertising
Restriction on online advertising
Digital advertisement is administered and managed by Empresa de Telecomunicaciones de Cuba S.A. Advertisers who wish to publish content on the network must use the services of this state company. Other alternatives, also state-owned, are Offer, from the Cuban News Agency (ACN) and the services of Cubavisión International or Radio Taíno. Cuba has an absence of regulation in the field of communication. The most advanced in this regard is the bill on Advertising, Promotion, Public Relations, Institutional Propaganda and Public Good Propaganda drafted by a commission of the former Cuban Association of Publicists and Propagandists (ACPP).
Coverage Advertising sector
Sources
- https://www.elnuevoherald.com/noticias/america-latina/cuba-es/article30524649.html
- https://web.archive.org/web/20241204190922/http://scielo.sld.cu/scielo.php?script=sci_arttext&pid=S2308-01322018000200003
- https://web.archive.org/web/20230620223412/https://www.swissinfo.ch/spa/cuba-comunicaci%C3%B3n_cuba-presenta-anteproyecto-de-ley-que-regula-a-los-medios-en-la-isla/47747422
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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 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. It is reported that there are costs and delays in the process of registering a company as an authorised supplier. While there is no fee to register, companies have reported that total translation and legalisation costs in both countries range from US$5,000 to US$10,000, depending on the size of the company and the number of documents required. If the company has not been in business for a period of two years, the registration lapses, and the process must begin again.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211104074031/https://www.aduana.gob.cu/sites/default/files/2021-02/DL124-90.pdf
- https://web.archive.org/web/20230323041001/https://www.camaracuba.cu/registros/
- https://web.archive.org/web/20240724124406/https://vuceregulaciones.mincex.gob.cu/media/MINCEX%20Resoluci%C3%B3n%20No.153%20de%201994.pdf
- https://web.archive.org/web/20231204235203/https://www.tradecommissioner.gc.ca/cuba/market-facts-faits-sur-le-marche/0001737.aspx?lang=eng
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CUBA
Since August 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Open and transparent standard-setting process
Decree-Law 46/2021 on Micro, Small and Medium-Sized Enterprises (Decreto Ley 46/2021 Sobre las Micro, Pequeñas y Medianas Empresas)
Decree-Law 46/2021, for the first time, puts the regulation and standards of private sector companies into a legal framework. Given the nature of standards and norms legislation in Cuba, where the government publishes laws through decrees approved by the Communist Party Assembly, foreign companies cannot participate in institutional bodies that establish and regulate trade norms. Decree-Law 46/2021 establishes the rules and regulations on the private sector for all micro, small and medium-sized companies that make up the private sector permitted by the state. The government establishes in Chapter IV the norms related to the control and inspection of the goods and services of the private sector. The government issues the Decree unilaterally without the participation of foreign entities.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220813123024/https://www.tsp.gob.cu/sites/default/files/documentos/goc-2021-o94-Actores-Economicos.pdf
- https://web.archive.org/web/20220927144154/https://www.granma.cu/cuba/2021-08-20/nuevas-normas-juridicas-para-el-perfeccionamiento-de-los-actores-economicos-en-cuba-20-08-2021-23-08-04
CUBA
Since November 2014
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Resolution No. 139/2014 on the Regulation of the Central Commercial Registry (Resolución No. 139/2014 Sobre el Reglamento del Registro Central Comercial)
According to Chapter II of Resolution 139/2014 on the Regulation of the Central Commercial Registry, all commercial companies must process their registration and certification for products through the office of the Central Commercial Registry. Therefore, self-certification is not allowed for local companies, nor foreign ones. It is reported that in-country testing is required.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230128062414/https://www.cubatramite.com/inscripcion-en-el-registro-central-comercial/#22-_Cuando_los_comparecientes_que_pretenden_operar_en_moneda_extranjera_para_realiz...
- https://web.archive.org/web/20220721143643/https://www.gacetaoficial.gob.cu/sites/default/files/go_o_55_2014.pdf
- https://web.archive.org/web/20210908200315/http://www.acn.cu/economia/78152-habilitara-registro-central-comercial-de-cuba-plataforma-para-tramites-en-linea
- https://web.archive.org/web/20230927103654/https://www.eleoscompliance.com/en/type-approval/cuba
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CUBA
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Lack of self-declaration of conformity
According to the Ministry of Communications, a process is implemented that requires a homologation certificate issued after control in testing laboratories in Cuba for ICT goods. Although there is no legal framework establishing the procedures for testing, control and certification of these goods, the Ministry requires companies to pass certain tests to obtain a homologation certificate for each product or service of telecommunication and computer equipment. There are two accredited laboratories in Cuba. The first one performs tropicalisation tests. The second one handles the testing of equipment connected to telecommunications networks that use the spectrum. Through this certification process, the Ministry of Communications regulates and controls the technical and operating specifications of the systems, equipment, and devices to be used in telecommunications and computer networks in order to guarantee the interconnection between public networks, as well as the interoperability of services.
Coverage Telecommunication and computer equipment
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 September 2011
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Resolution No. 128/2011 Regulation for Private Data Networks (Resolución No. 128/2011 Reglamento Para las Redes Privadas de Datos)
Resolution No. 128/2011 regulates data private networks. Art. 2 (c) defines a private data network as a network infrastructure installed in the same location (or in different geographic locations) and interconnected among them by public and private telecommunications links managed and operated by a legal person to meet its institutional data transmission needs. Art. 19 (5) of this Resolution establishes the requirement of official approval from the Ministry of Communications to use any type of application or service supported by a private network that implies encryption of the information that is transmitted and the Ministry requires compatibility with the IPv6 Protocol for contracted services.
Coverage Data private 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 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
Sources
- https://web.archive.org/web/20231129162421/https://www.directoriocubano.info/cuba/informacion-de-las-tiendas-cubanas-tu-envio-sobre-la-venta-online-de-combos-de-alimentos-y-aseo/
- https://web.archive.org/web/20241204200333/https://www.granma.cu/cuba/2020-08-11/tuenvio-regula-compras-virtuales-11-08-2020-23-08-20?page=2
- https://web.archive.org/web/20220812050816/https://www.gacetaoficial.gob.cu/es/resolucion-42-de-2020-de-ministerio-del-comercio-interior
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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 May 2021
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Decree 42/2021 - General Regulations of Telecommunications and Information Communications Technology (Decreto 42/2021 - Reglamento General de Telecomunicaciones y las Tecnologías de la Información y la Comunicación)
Art. 53 of Decree 42/2021 establishes the permission for the Cuban state communications company to block or suspend the networks used to disseminate information considered false or harmful to "public order".
Coverage Horizontal
