Certificates issued by Cuban consulates and diplomatic officials abroad no longer need legalization to be effective in Cuba, following the enforcement of the .
The regulation was published in the and established a period of 180 calendar days for its entry into force, a period that has already passed. This change is particularly relevant for Cubans residing abroad who need to use certifications issued by Cuban diplomatic representations on the Island.
Article 40 of Law 180 establishes that authorized consular or diplomatic officials may exercise registration functions and specifies that "certifications issued by Cuban consuls or diplomatic officials abroad for effects in Cuba do not require legalization."
The measure, therefore, prevents those certifications from having to undergo additional legalization in Cuba before being used.
The new legislation also consolidates consular offices as part of the structure of the Cuban Civil Registry. Among their functions are processing requests for the registration of events and acts of Cubans that occurred abroad, issuing certifications of registry entries, and providing certifications of legal capacity to marry.
However, the exemption does not mean that any document obtained abroad can be used directly in Cuba without legalization.
Law 180 itself establishes that documents issued by foreign officials or authorities must be presented to the Civil Registry with the corresponding legalization and notarization, except for those originating from countries with which the Ministry of Justice has established mechanisms to verify their authenticity.
The Regulations of the Law, approved by , establishes that for foreign documents, official translation is required when applicable, along with legalization, apostille, or consular certification, with exceptions for countries covered by agreements.
The distinction is important: the elimination of the procedure refers to certifications issued by Cuban consular or diplomatic authorities, and not generally to birth, marriage, death certificates, or other documents issued directly by authorities of another country.
The change is part of a process to modify the documentary procedures in Cuba. In August, following a clarification from International Consultants and Lawyers (CONABI), the modifications introduced in the legalization procedures and the differences between documents issued by Cuban and foreign authorities were explained.
The new Civil Registry Law further advances the digitization of the system: it establishes a single registry for the entire country, a central database, and the ability to issue certifications with electronic signatures and seals.
For Cubans carrying out procedures from abroad, the implementation of these provisions may reduce steps in those procedures that involve certifications issued directly by Cuban consular offices and intended to have legal effects in the Island.
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