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The Cuban regime published this Wednesday in the Official Gazette the Resolution 86 of the Ministry of Finance and Prices, a regulation that designates self-employed workers, MIPYMES, Non-Agricultural Cooperatives, and Local Development projects as financial surveillance agents required to report any operations they deem suspicious to the authorities.
The resolution, signed on April 8 and published in Official Gazette No. 37, establishes the "Procedure for the attention, supervision, and control of Bookkeeping activities" for all non-state actors who perform this function, declaring them "obligated entities" in terms of preventing money laundering, financing terrorism, and the proliferation of weapons of mass destruction.
In practice, the regulation shifts financial oversight functions from the State to the private sector, broadening control over a non-state economy that has already been subject to an unprecedented regulatory escalation.
Among the central obligations is the issuance of the Suspicious Activity Report (SAR): when a bookkeeper detects or perceives that a transaction from their client may be linked to illicit activities, they must report it to the authorities without informing the investigated client, under an obligation of absolute confidentiality.
Moreover, the obligated subjects must verify international lists and the National List of Individuals Associated with Terrorism before providing any service, retain relevant data and information for five years after the conclusion of the contractual relationship, and cooperate mandatorily with authorities when required.
The Ministry of Finance and Prices, the National Tax Administration Office (ONAT), and local structures are authorized to supervise, inspect, and implement corrective measures, with the possibility of escalating cases to the Prosecutor's Office, the Ministry of the Interior, and the Comptroller's Office.
The regulation arrives against a backdrop of increasing regulatory pressure on the Cuban private sector. The Resolution 56/2024 canceled wholesale trade licenses for TCP, MIPYMES, and cooperatives, while Decree-Law 91/2024 intensified penalties with fines of up to 72,000 pesos.
This is complemented by the mandatory electronic invoicing for private businesses in 2026 and the restrictions on the use of foreign currency in commerce.
The regime justifies the measure as part of Objective No. 8 of its Economic and Social Program, which aims to "advance the implementation of general directives aimed at the prevention and reduction of crime, corruption, illegal activities, and social indiscipline."
The government also claims that the regulation is in response to commitments with the Financial Action Task Force of Latin America (GAFILAT), of which Cuba is a member and is preparing for a new round of evaluations. A report from this organization found that the non-state sector was not integrated into the system for reporting suspicious activities.
However, the measure increases the bureaucratic and legal burden on entrepreneurs operating amidst a deep economic crisis, and introduces real risks of sanctions, suspension of activities, and criminal investigations for those who do not comply with their new oversight obligations.
The Cuban private sector, with over 11,000 registered MIPYMES that generate 31.2% of employment and contribute 23% of tax revenue, is thus largely transformed into an extension of the state control system.
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