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CUBA

Since December 2018, entry into force in July 2019
Since May 2019, entry into force in July 2019

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Decree-Law No. 370/2018 on the Computerization of the Society in Cuba (Decreto-Ley No. 370/2018 Sobre la Informatización de la Sociedad en Cuba)

Decree No. 360/2019 on the Security of Information and Communication Technologies and the Defence of National Cyberspace (Decreto No. 360/2019 Sobre la Seguridad de las Tecnologías de la Información y la Comunicación y la Defensa del Ciberespacio Nacional)
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.
Coverage Horizontal

CUBA

Since March 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law No. 118 - Foreign Investment Law (Ley No. 118 - Ley de la Inversión Extranjera)

Resolution No. 21 of 2020 – Regulations of the Foreign Investment Business Assessment Commission (Resolución No. 21 de 2020 - Reglamento de la Comisión de Evaluación de Negocios con Inversión Extranjera)
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.
The internal evaluation and follow-up process for foreign investment projects is further regulated by Resolution No. 21/2020 of the Ministry of Foreign Trade and Foreign Investment, which approves the Regulation of the Commission for the Evaluation of Foreign Investment Businesses.
Coverage Horizontal

CUBA

Since August 2022, entry into force in February 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law No. 149/2022 on Personal Data Protection (Ley No. 149/2022 de Protección de Datos Personales)
Law 149/2022 includes provisions for cross-border data transfer and outlines that there are only five specific exceptions for data transfers outside the country. The cross-border data transfer is therefore only allowed in the case of international judicial cooperation, exchange of medical data when necessary for the treatment of the data subject, bank or stock exchange transfers about the relevant transactions, under applicable international treaties, and if the transfer of data is for the purpose of international cooperation in the fight against crime (Art. 65.1). In addition, Art. 66 grants to certain authorities the competencies to authorise the international transfer of personal data in other circumstances.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"112212"},{"post_id":"112213"},{"post_id":"112214"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CUBA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.7%
Coverage rate of zero-tariffs on ICT goods (%)
7.44%
Coverage: ICT goods

CUBA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cuba is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CUBA

Reported in 2023, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Reported gaps in public procurement transparency
It is reported that Cuban institutions generally do not publish public procurement information and that access to procurement data remains limited. Institutional transparency is minimal, with limited oversight mechanisms in areas such as public budgets and procurement. Grand corruption risks, although less visible, are also reportedly present in sectors involving high-value state assets, including public procurement.
Coverage Horizontal

COSTA RICA

Since February 2010

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Resolution DGA-368-2009
Under recital XVI and point 1 of Resolution DGA-368-2009, imports of used or inoperative electronic equipment covered by the specified tariff lines require prior authorisation under Technical Note No. 269. The measure applies to ICT products including printers and multifunction machines, laptops and other data-processing equipment, mobile phones, data transmission equipment, digital cameras, monitors, personal digital assistants, and projectors.
Coverage Used electronic equipment

COSTA RICA

Since February 2010

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Resolution DGA-368-2009
Under recital XVI and point 1 of Resolution DGA-368-2009, exports of used or inoperative electronic equipment covered by the specified tariff lines require prior authorisation under Technical Note No. 269. The measure applies to ICT products including printers and multifunction machines, laptops and other data-processing equipment, mobile phones, data transmission equipment, digital cameras, monitors, personal digital assistants, and projectors.
Coverage Used electronic equipment

COSTA RICA

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Procedure for the Approval of Mobile Telecommunications Devices (Procedimiento de Homologación de Terminales de Telecomunicaciones Móviles)
Under the "Procedure for the Approval of Mobile Telecommunications Devices", companies seeking to have their mobile phones certified must submit the devices for testing to experts accredited by the Telecommunications Superintendence (SUTEL)
Coverage Mobile phones

COSTA RICA

Since October 1995, as amended in June 2022

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Law No. 7.557 on General Customs (Ley No. 7.557, Ley General de Aduanas)
According to Art. 111 bis of Law No. 7.557 on General Customs, introduced in June 2022 by Art. 1.8 of Law No. 10271, the importation of goods whose total value does not exceed the threshold of 100 Central American pesos (equivalent to USD 100) are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

COSTA RICA

Since January 1995
Since September 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 7472 for the Promotion of Competition and Effective Consumer Defence (Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472)

Executive Decree No. 37899-MEIC, Regulations to the Law for the Promotion of Competition and Effective Consumer Defence (Reglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472 - Decreto Ejecutivo No. 37899-MEIC)
Law No. 7472 and its accompanying Regulations establish a comprehensive framework for consumer protection that extends to transactions conducted online.
Coverage Horizontal

COSTA RICA

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
Costa Rica has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

COSTA RICA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Costa Rica 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

COSTA RICA

Since August 2005

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Law No. 8454 on Certificates, Digital Signatures and Electronic Documents (Ley de Certificados, Firmas Digitales y Documentos Electrónicos No. 8454)
Costa Rica has enacted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures, namely Law No. 8454 on Certificates, Digital Signatures and Electronic Documents.
Coverage Horizontal

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