Cuban Foreign
Investment
Law goes into effect
Foreign Investment Law no. 118,
approved March 28 by the National Assembly, entered
into effect June 30, with the intention of promoting
economic growth in the country.
The new law provides financial and
tax benefits to attract foreign investment, while
respecting socialist principles and guidelines
established for the updating of the country’s
economic model.
On this basis, the new legislation
will serve as a means of contributing to renovation
and Cuba’s economic future, by providing a clear,
transparent legal framework for investors, which
should encourage international confidence.
During the discussion and approval
process, the National Assembly reiterated that
promoting international investment does not, in any
way, mean that the country is for sale, since the
participation of foreign companies in Cuba’s economy
is based on the protection of natural and human
resources, and respect for national sovereignty.
The law establishes parameters for
joint ventures, for the signing of economic
association contracts, and for entirely foreign-owned
enterprises.
It also provides for the total or
partial transfer of state property for its
development, in exceptional instances, if deemed
useful or necessary.
The framework explicitly outlines
complementary regulations and norms to provide
investors with guarantees and legal security, to
promote the entrance of foreign capital and its
optimal use.
Law no. 118 is based on the
conception of foreign investment as a source of
development, in areas identified by the country, in
specific sectors and economic activities considered
fundamental to projected plans for development in
the short, medium and long term.
Investment is to be oriented toward
the diversification of imports; increasing access to
advanced technology; and substitution of imports,
with priority given to food production and
processing; generating employment; the development
of chains of production; and transforming the
country’s energy production and consumption profile.
The law states that foreign
investment is permissible in all sectors, with the
exception of heath care services, education and the
armed forces, although related enterprises may
incorporate capital from abroad.
A portfolio of investment
opportunities will be approved by the Council of
Ministers, based on an evaluation of projects of
national interest, or of special importance to a
given sector.
The new law codifies one of the most
strategically important decisions made in the
process of updating Cuba’s economic model. (PL)