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Posted October 16, 2013 by publisher in Business In Cuba

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continued from part 1 - 100 Questions and Answers about the Mariel Special Development Zone in English

About the Development Fund

90. What is the Development Fund of the Zone?

The dealers and users established in the area contribute to the formation of a fund for the maintenance of the office and maintenance areas common area with a percentage of their income and absence from them a fixed fee, established by the Minister of Finance and Prices. The said fund is administered by the Office.

91. How do you contribute to the Development Fund of the Zone?

The Dealers and Users of the Zone, contribute to the formation of a Fund with a quarterly payment in the amount of half a point (0.5%) percentage of gross income in each quarter, in the currency in which they operate. The annual amount of these contributions may not be less than the established above, for dealers and users who do not earn income by fiscal year, which shall be paid at the last quarterly payment each year. Fund contributions are made ​​within a period not exceeding fifteen (15) days business, following the close of each calendar quarter.

92. What is the amount to contribute when not earn income in a year tax?

When the Dealer and the Zone command line users earn income on a fiscal year, make an annual contribution to the Fund, in the amount of six hundred (600.00) pesos convertibles or six hundred (600.00) Cuban pesos, to operate only in this currency, which will provide within thirty (30) days natural following the end of that period. The amount referred to in the preceding paragraph may be revised and updated in correspondence with the changes in the economy and operating requirements to meet demand for the Fund.

93. How will collect the contributions to the Fund?

The Office will set up a bank account in a commercial bank Cuba, where will collect contributions to the Fund, to be administered in correspondence with established for this purpose.

About the Dispute Settlement Regime

94. How disputes are settled economic nature?

Economic nature conflicts arising in relationships between Users and dealers, or between them and the internal economy entities are known and resolved by competent people’s court, without prejudice to the right assists the parties to resolve these through negotiation, or by any means routing provided and agreed on in those contracts, including the submission to the Cuban Court of International Commercial Arbitration.

95. How disputes are settled administrative nature?

Conflicts of administrative nature or Users and Dealers domestic economic entities are resolved by the Director General of the Office. Against the decision to adopt appropriate administrative complaint within thirty (30) working days from the day following the notification of the Resolution before the Board for the People’s Provincial Tribunal Artemisa.

About the Office Relations with State Agencies and Entities

96. What are the relations between the Office and the Ministry of Foreign Trade and Foreign Investment? 

The Ministry of Foreign Trade and Foreign Investment kept informed the Office on policy issues related to foreign trade, investment foreign economic cooperation in the activities impact develop in the area.

The Ministry of Foreign Trade and Investment is responsible for:

a) Participate in the evaluation process of the applications submitted in Office regarding the granting of concessions or authorizations for the establishment in the area;
b) Provide advice on evaluation of investment projects foreign;
c) Move the experiences of foreign trade and foreign investment;
d) Reconciliation with the Office for the promotion plan for foreign investment in the Zone, and e) Perform other actions deemed necessary.

97. What are the relations between the Office and the Ministry of Science, Technology and Environment?

Relations Office with the Ministry of Science, Technology and Environment Environment are designed to ensure environmental sustainability and compliance with policies and environmental, science, technology, metrology, standardization and industrial property in the area. The actions taking place in the area are carried out in compliance with the established in strategies, technical standards and environmental law and science and technology as well as the recommendations of the studies of hazard, vulnerability and risks incurred in the Area and adaptation measures to climate change. The system of offenses and measures applied in accordance with environmental legislation, technology, metrology and standards and regulations issued by the Minister Science, Technology and Environment regard.

About the Office Relations with other Organizations

98. What are the relations between the Office and the Institute of Physical Planning?

Office relations with the Institute of Physical Planning, are designed, essentially, to ensure correspondence Program Business Development and the Area Land Use Plan and Urban. The work taking place in the area subject to territorial regulations for the use and allocation of land and other determinations that establishes the Plan Spatial Planning and Urban.

99. What are the relations with the Provincial Administration Area of ​​Artemis and local governments involved?

Relations with the Provincial Administration Office of Artemis and municipal administrations, referring to the area are aimed, as key, to:

a) Support the development of economic, social, cultural and Environmental Zone;
b) Responding to incidents and implications arising to the resident population in the Area;
c) Process through the Office proposed collaborative projects or receiving donations bound for the area
d) Submit through the Office applications received from delegations foreign, in the field of competence, relating to interests associated with the Zone development.

About the Site and Zone Pilot

100. What is the location and itinerary of the area?

The location of the area, covering 465.4 square kilometers is:

From the point A of coordinates (X = 338 670, Y = 358 530) is taken towards South on the east side of the Rio Baracoa, was advanced to the dam Dam same name to Point B with coordinates (X = 338 957, Y = 355 343). It continues along the east side of Baracoa Dam to reach back into the river, where Point C is the coordinate (X = 338,300, Y = 353 754). From this point continues southbound to Highway Habana-Pinar del Río Point D coordinates (X = 338,865, Y = 353,214). Turn west bound and taken by around the south side of the highway for a distance of a mile, point E of coordinates (X = 337,985, Y = 352,757). At that point southbound turn-agricultural taking a road southeast until you reach the point F of coordinates (X = 339,213, Y = 351,816). From this point you will toward the West by agricultural path up to point G with coordinates (X = 337,230, Y = 350,139). Turn southbound up to point M of coordinates (X = 337 263, Y = 349 938), continuing along the route of the road to the intersection with the The Salt Road where the point I of coordinates (X = 335,849, Y = 348,942). Follow the road southbound El Salado to the intersection with unimproved embankment where the J point of coordinates (X = 335 898, Y = 348 668). From this point continue along the embankment not improved a westerly direction, along the escarpments of the cooktop and Saws Esperon to Point K of coordinates (X = 326 490, Y = 347 374). Starting this point the road continues Guanajay-bound Noronha North to intersection with Highway Habana-Pinar del Rio where the point L of coordinates (X = 325,598, Y = 348,467). Turn west bound and taken around the north side of the boundary of the buffer zone of the Motorway to reach the point M of coordinates (X = 309 594, Y = 337 811). At that point it NW trending tour taking the limit urban settlement West census Cayajabos to intercept again Cayajabos-Cottage Old Road to reach the point N of coordinates (X = 307 057, Y = 340 545) is continued along the west side of San Francisco Dam to the point O with coordinates (X = 305 839, Y = 345 503). From that point it reprises the NW trending Old Road to Cayajabos-Shack Settlement Hammer, Point P coordinates (X = 304,816, Y = 348,045). Turn West and advanced towards the South side of existing agricultural road to Victoria, Point Q of coordinates (X = 302,016, Y = 347,876). Turn north and advanced toward the West side of the road to intercept agricultural Shack-Bay Road Honda, point R with coordinates (X = 301 944, Y = 350 352). From this point progress is heading west on the south side Settlement Torriente Paul Brau until the Torriente Brau, T Point coordinates (X = 291,792, Y = 349,165). It continues along the boundary census East of this settlement to Point coordinate U (X = 291,848, Y = 349,985). Northeast direction is rotated and advanced along the west side of the Paul’s Road Torriente Brau-Cold Cold until the Settlement Point V of coordinates (X = 292,282, Y = 353,817). He turns towards East and continue on entire coastline up to point A, point.

Legislation

Decree-Law No. 313, “From Mariel Special Development Zone” dated 19 September 2013.
Decree No. 316 “Regulations of Decree-Law No. 313 Special Zone Mariel Development “dated September 19, 2013.
Resolution No. 82 (for the provision of financial intermediation services) of dated September 20, 2013, the Minister-President of the Central Bank of Cuba.
Resolution No. 278 “Rules of Application for Special Treatment Customs in Special Development Zone Mariel “dated September 20, 2013, the   Chief of the General Customs of the Republic.
Resolution No. 150 “Regulations for the Performance Evaluation Process Environmental Impact Assessment in Special Development Zone Mariel, dated 20 September 2013, the Minister of Science,
Technology and Environment.
Resolution No. 384 (on the insurance plan and Development Fund Area), dated September 20, 2013, by the Minister of Finance and Prices.
Resolution No. 14 “Regulations on Migration and Internal Order Applicable to Special Development Zone Mariel “, dated 20 September 2013, the Minister of Interior.
Resolution No. 49 (on special arrangements work), dated 20 September 2013, by the Minister of Labor and Social Security.
Decree-Law No. 313 repeals Decree No. 224 of the Administrative Concession Promote and Exploit Mariel Free Zone, for October 31, 1997, and how laws and regulations are conflict with the provisions of this Decree-Law.

This document has been made ​​taking into account legal texts of the Republic of Cuba. It may be reproduced in whole or partially transmitted in any form or by any means, electronic, mechanical, photocopying or other methods, without the prior permission of the author or Havana Journal, provided they are not used for commercial purposes, cite the source, the name of Author and HavanaJournal.com and not misrepresent the meaning of the text. Although this document is to clarify the content of the legislation Special Zone Development Mariel is only for communication purposes, instructional and educational, not a official document of the Government of the Republic of Cuba, and does not even attempt to replace, interpret, modify or limit any way the scope and meaning of the law, nor should be taken as advice or legal advice to be applied to a case or situation. One must not think that has been created, for sending and receiving the same, one attorney-client relationship. For more information, see the original texts of the legislation cited or contact the author at .(JavaScript must be enabled to view this email address) .

——————————Havana Journal Comments——————————

Thanks to CubaStandard.com for posting the article in Spanish.

Thanks to the Cuban government for providing information about this interesting marine and business development.

Thanks to Google translation for this English version. Of course some words or phrases may not make sense but overall, Google translation did a good job translating this large document.

Formatting by Havana Journal publisher Rob Sequin.

Havana Journal Inc., a Massachusetts corporation, is a Cuba information resource and services company that operates 40 Cuba related websites and owns Mariel.com.

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