The Cuban Council of Ministers announced on Friday the enactment of Decree 183 of 2026, which broadens the range of business activities that foreign branches can undertake within the nation. This new regulation modifies the previous rules set in 2021.
Signed by Prime Minister Manuel Marrero Cruz on September 21, the decree is detailed in the Ordinary Official Gazette No. 82 of 2026, spanning pages four to six, along with four other legal updates that collectively reshape the legal framework for foreign commercial representations in Cuba.
Key Changes in Commercial Activities
The decree revises articles 24, 27, and 29 of Decree 32 from February 22, 2021, which outlines the "Regulations for Establishing Foreign Commercial Representations in Cuba."
One of the significant amendments is found in Article 27: foreign branches are now authorized to directly import and export for commercial purposes, engage in wholesale trade, issue commercial invoices, and manage the distribution and transportation of goods within the country—operations that were previously prohibited.
However, these branches are still restricted from engaging in general retail trade. The decree specifies: "Branches can perform the activities described in the previous section, except for the retail trade outlined in section b)."
Restrictions for Representation Offices
On the other hand, representation offices continue to face existing limitations: they cannot directly import or export for commercial purposes, nor can they participate in wholesale or general retail trade, issue commercial invoices—except under the customs deposit regime—or distribute or transport goods.
License Cancellation and Appeals Process
The decree also updates the grounds for license cancellation. The new Article 24 states that a license is void if the parent company is undergoing dissolution, liquidation, or has ceased to exist.
Furthermore, the revised Article 29 introduces a 10-business-day period for filing a reform appeal against cancellation resolutions, which must be resolved by the competent authority within 30 business days. No further administrative recourse is available, leaving only the judicial path open.
Opportunities for Retail and Investment
A transitional provision allows representation offices and branches wishing to engage in retail trade or investments to transform into wholly foreign-owned companies under the Foreign Investment Law, with an expedited process for applications submitted within three months of the decree's enforcement.
Additionally, the same Gazette No. 82 includes Resolution 151/2026 from the Ministry of Foreign Trade and Foreign Investment, signed by Minister Óscar Pérez-Oliva Fraga on September 23.
This resolution governs the non-commercial importation of goods by foreign representations and repeals the previous Resolution 73 from April 2021.
Authorized non-commercial imports include office furniture and equipment, construction and electrical materials for maintenance, professional supplies and tools, spare parts for equipment and vehicles, promotional items, and commercial samples.
To carry out these imports, representations must submit a sworn declaration signed by their highest authority in Cuba to the General Customs of the Republic and pay the corresponding customs duties.
Both regulations are part of a package of 176 economic and social transformations presented by Marrero Cruz to the National Assembly in June 2026, described by the regime as the most significant attempt at structural reform since the Special Period.
Decree 183 itself cites this framework as justification: "As a result of the approved Economic and Social Transformations, it is necessary to expand the scope of activities for branches established in the national territory."
Frequently Asked Questions about Cuba's New Business Decree
What activities are foreign branches in Cuba now allowed to perform?
Foreign branches can now engage in direct import and export for commercial purposes, wholesale trade, issue commercial invoices, and distribute and transport goods within Cuba.
Are foreign branches allowed to participate in retail trade in Cuba?
No, foreign branches are still prohibited from engaging in general retail trade according to the new decree.
How can representation offices and branches transition to engage in retail trade?
They can transform into wholly foreign-owned companies under the Foreign Investment Law, with an expedited application process for those submitted within three months of the decree's enforcement.