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1. First,
local companies
possibly
interested in developing
joint investment projects with
foreign
natural or legal
persons should be
identified.
To reach
this
goal,
available
possibilities are:
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Contacting MINVEC's (Cuban
Ministry for Foreign Investment and Economic Collaboration)
Investment Promotion
Center;
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Hiring the
services of a Cuba-based Consulting Firm;
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Contacting relevant Ministries and business groups.
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2. If parties
are interested in developing a foreign investment project, a Letter of
Intent or a Framework Agreement should be signed; afterwards, the
negotiation process starts. |
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3. The required
economic and legal documentation for the proposed association is prepared
during the negotiation process. It includes, mainly: a)
Draft
of Association Agreement and By-laws;
b) Economic
Feasibility Study. In addition, the foreign investor should produce a
document attesting to his/her identity and solvency, and
the
attorney powers confirming his/her legitimate representation in the event of any
legal persons as well. |
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Services of Cuba-based
Consulting Firms can be hired to undertake the above-mentioned tasks. |
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4. The
investment application form signed by the concerned parties, and the
above-mentioned documentation, should be submitted to the Ministry for
Foreign Investment and Economic Cooperation. The Ministry will submit them
for consultations to any relevant agencies and institutions. Once these
consultations are made, the Ministry will channel the documentation to the
Executive Committee of the Council of Ministers (ECCM) or
the Government
Commission. |
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5. Approval
(or denial) of the investment project by the ECCM or the
Government Commission. |
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6. Government
Agreement or Resolution authorizing the establishment of the Association.
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7. Incorporation of
the Association through Public Articles of Incorporation at the Special
Notary of the Ministry of Justice. |
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8. Registration of
the Association in the Foreign Investment Registry of the
Chamber of Commerce.
Initial registration should take place within 30 days following the date of
the Government Agreement or Resolution referred to in item 6 above. |
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Investors are suggested to choose the “One-stop Shop System”
in order to apply for
permits, licenses, authorizations, certification and protocolization,
migratory permits and all other requirements to start up the IEA, in
a 30-day time. |
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In the last few years new
foreign investment modalities have been implemented in different sectors and
branches of Cuban economy, constituting more
flexible and agile contractual forms, which offer
favorable economic results for each contracting part. Among these forms we
can mention the contract for Cooperated Production of goods or services
benefit and the Contract of Hotel or productive Administration. |
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These investment
modalities are ruled in Resolution
37/2001 (text at present in Spanish) through which the norms for registry and control of contracts
for Cooperated Production and of Productive Administration,
as well as the ruling for issuing of statistic information for hotel
administration contracts between Cuban and foreign entities were put into
effect. |
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A number of projects sponsored by the
United Nations Industrial
Development Organization (UNIDO) are currently being developed in Cuba,
which are pending of financing or equipment provision for its completion. |
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Promotion and protection
of investments as part of the economic relations frame established among the
parties is well revealed in the subscription of
Agreements for Promotion and Mutual Cover of
Investments between Cuba
and a large number of countries. |