The Ministry of Foreign Trade and Foreign Investment (MINCEX) has updated the regulations governing import and export operations 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 coincides with the implementation of other provisions aimed at expanding the powers of various economic actors.
One of the fundamental changes in the new scenario 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 these companies the possibility to “export and import directly, subject to authorization from the Ministry of Foreign Trade and Foreign Investment.”
This means that a small or medium-sized enterprise or private company will not be able to independently start international commercial operations simply 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 support and supplementary regulations for its implementation.
Until now, Cuban micro, small, and medium-sized enterprises (mipymes) and cooperatives that wanted to import goods or export their products generally had to rely on authorized state companies as intermediaries.
That mechanism, implemented since 2020, generated numerous criticisms among entrepreneurs due to the commissions, costs, and bureaucratic delays associated with the operations.
With the new rules, economic actors who receive authorization will be able to negotiate directly with foreign suppliers or buyers, which opens up the possibility of reducing some of that state intermediation.
However, the change does not entail a complete liberalization of Cuban foreign trade.
The State retains a crucial tool: it is the MINCEX that authorizes which companies can exercise those powers directly.
Among the transformations announced by the authorities is the implementation of the principle of “negative nomenclature”.
Under this framework, instead of establishing a specific list of authorized products for each entity, a list of goods that cannot be traded without express authorization is provided; the rest may be negotiated 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 of MINCEX, established the basic rules for entities authorized to import and export goods and included procedures related to import management, export strategies, selection of offers, and price analysis.
with the aim of organizing foreign trade activities and granting greater autonomy to the participating entities.
The current reforms go further because they align with a general expansion of the space allowed for private businesses.
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