The Ministry of Foreign Trade and Foreign Investment (MINCEX) updated the rules governing the operations of imports and exports in Cuba, at a time when the Government is beginning to implement one of the most significant reforms in recent years for foreign trade: allowing private companies and cooperatives to operate directly with international markets.
The new is part of the ongoing process of updating the regulations governing Cuban foreign trade and aligns with the implementation of other measures aimed at expanding the powers of various economic actors.
One of the fundamental changes in the new landscape is that micro, small, and medium-sized enterprises, as well as private companies with more than 100 employees, will be able to import and export directly, although not automatically.
The Decree-Law 133/2026, published on September 2 in the Official Gazette, expressly establishes among the powers of those companies the possibility to "export and import directly with prior authorization from the Ministry of Foreign Trade and Foreign Investment".
This means that a micro, small, and medium enterprise (mipyme) or private company cannot start conducting international business on its own just because it is legally established: it will still need the approval of MINCEX.
The possibility of engaging in direct foreign trade had been announced by the Government in June as part of its economic reform package, but it required legal backing and complementary regulations for its implementation.
Until now, Cuban micro, small, and medium enterprises (mipymes) and cooperatives that wanted to import goods or export their products generally had to rely on authorized state companies as intermediaries. This mechanism, in place since 2020, has faced numerous criticisms from entrepreneurs due to the commissions, costs, and bureaucratic delays associated with the operations.
With the new regulations, economic actors who receive authorization will be able to negotiate directly with foreign suppliers or buyers, opening up the possibility of reducing some of that state intermediation.
However, the change does not imply a total liberalization of Cuban foreign trade. The State retains a decisive tool: it is MINCEX that authorizes which companies can directly exercise those powers.
Among the transformations announced by the authorities, the implementation of the principle of “negative nomenclature” is also included. Under this scheme, instead of establishing a specific list of authorized products for each entity, a list of goods that cannot be traded without express authorization is anticipated; all others may be traded as long as the other existing regulations are complied with.
The modification represents a shift from the model applied in recent years. The previous methodology, outlined in Resolution 220/2022 from MINCEX, established the basic rules for entities authorized to import and export goods and included procedures related to import management, export strategies, offer selection, and price analysis.
with the argument of organizing foreign trade activities and granting greater autonomy to the participating entities.
The current reforms go further because they coincide with a general expansion of the space allowed for private businesses. The new framework recognizes private companies with more than 100 employees and increases business powers, although it maintains numerous mechanisms of state authorization and supervision.
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