Posted October 16, 2013 by publisher in Cuba Business.
by Jesus V. Bu Marcheco from the University of Havana
Recently created, the Special Development Zone of Mariel, located at the Port of Mariel, east of Havana, is called to meet the objectives of promoting increased infrastructure and activities to increase the exports, import substitution, the realization of projects of high technology, create new jobs and contribute to national progress.
In light of this, the country has legislated extensively about it, being the present document an attempt to offer pleasant and orderly manner, a set of questions and answers on the subject, which are aimed at all those people, be it investors, lawyers, economists, etc., and all whom these issues are of interest you.
The document contains all the points in the legislation of the Special Zone Development of Mariel, effective November 1, 2013.
This is part 1 of 2 HOWEVER we posted a new article about the Port of Mariel from the Cuba Foreign Trade magazine
About the Mariel Special Development Zone Mariel Decree-Law No. 313
1. What are the objectives of the Special Development Zone Mariel?
a) To contribute to national development;
b) Generate exports and promote import substitution;
c) To promote the transfer of advanced technology and know-how and skills relating to business management;
d) Attracting foreign investment;
e) Generate new sources of employment and long-term financing;
f) To promote environmental sustainability;
g) Develop the necessary infrastructure to contribute to economic progress;
h) Create a logistics system that allows high levels of efficiency in the processes of import, export and distribution;
i) Encourage the establishment of national or foreign companies
j) To ensure coordination with the rest of the economy
2. What are the powers and duties of the Director General of the Office?
The powers and duties of the Director General of the Office, the following:
a) Represent the Office
b) To ensure compliance with the functions assigned to the Office by the Decree-Law No. 313 “From Mariel Special Development Area”, dated 19 September 2013, its Regulations and other statutory provisions pertaining;
c) directing the development and conduct of Program and Business Development Zone short, medium and long term;
d) Chair the Evaluation Commission for the Establishment of dealers and Users Special Development Zone Mariel;
e) Approve or deny the submitted business proposals that are of competition, according to the results of corresponding evaluations;
f) Submit the record business, the opinion to the criteria of the members of the Commission and the Draft Agreement, as appropriate, on proposals business within the jurisdiction of the Council of Ministers or the Minister-President of the Central Bank of Cuba, as appropriate;
g) Be accountable to the Council of Ministers on the activities of the Office;
h) Impose disciplinary measures of competence set out in legislation managers, executives and subordinate workers;
i) Conduct assessments for managers, executives and subordinate workers;
j) To issue orders, instructions or circulars and other regulations necessary to the inner workings of the Office in the framework of its competence
k) Other, as assigned by the Council of Ministers.
3. What entity will be responsible for the administration of the Zone?
What is the Office of the Special Development Zone Mariel, called the Office and who in addition to managing the area, controlling their activities and develops and leads Development Program and Business from the Management Plan Urban Planning and approved. The Office considers national entity for all purposes under the laws force and is assigned to the Council of Ministers, a body that approves its structure.
4. What are the functions of the Office?
Reconcile with the bodies, the Central Government and corresponding entities, policies for the development of their activities governing the area and propose to the Council of Ministers and Development Program Business for the same;
Evaluate the applications received for the establishment of Dealers and Users, ensure correspondence with the Program and Business Development, and its technical, economic, environmental and legal, depending on the nature of the proposal, its environmental and social impact;
Reconcile applications received for the establishment of Dealers and Users with the organs, agencies of the Central Government and entities that apply;
Implement the books and records necessary to enable it to meet its administrative and control functions and officially enroll in the book of corresponding control to authorized Dealers and Users
Coordinate the development of investments, including analysis of the chain control and implement them;
Check that dealers systematically and comply Zone Users with the activities and conditions that are approved in their respective titles as well as with the provisions of Decree-Law No. 313, its rules and other complementary legal provisions in whatever pertains;
Refers to the Books of: input and output of documents, application of concessions, control Users;
administrative control Dealer registration, and administrative control User registration. Books administrative control enabled by Notary Public.
Structuring a single window system effectively and efficiently in the relations between different bodies, administrative agencies and state entities perform functions related to the Office for processing licenses permits and authorizations required by Dealers and Users established in the area;
Establish a system of promotion and investment attraction for the area and implement actions to achieve their various goals in the shortest time possible;
To promote investment projects in the infrastructure of the area and are necessary for its proper functioning;
Ensure the implementation of the results of the Environmental Assessment Strategic conducted by the Ministry of Science, Technology and Environment the projects approved for Zone;
Promote the creation of a favorable environment in the area from the attention differentiated quality and diversity of common basic services and to the educational, cultural and sports activities in the Area;
Apply and agree consultancies international organizations and institutions as well required;
Perform systematic control actions within the scope of its jurisdiction;
Evaluate and propose to the Council of Ministers, in conjunction with the Institute of Physical Planning, the incorporation of other adjacent or not the itinerary of Zone
Coordinate the implementation of measures to control various kinds that perform agencies of the central state administration and institutions in the field of competence in the area and facilitate their implementation, and The other is their attention by Decree-Law No. 313, Regulations and other Always laws not inconsistent with the provisions of the rules.
About the Process to Establish yourself as Dealer, or User
5. Who can invest in the area?
The required investments made in the area run by entities national or foreign investment mode prescribed by law, from of its establishment as a dealer or user. The Council of Ministers has the addition of other adjacent or not, provided that ascribe to best achieve the objectives of the zone.
6. What documents must accompany the application to establish itself as Dealer or User?
The following documents must be submitted:
a) Written signed by the person authorized, in which the reasons are based those interested in the application to establish himself as a dealer or user;
b) applicant’s constituent documents, a copy of the financial statements of the last period and bank guarantee;
c) Certification of public registry Registry or equivalent evidence of validity of the applicant’s enrollment in these, issued no more than six months preceding the date of filing of the application;
d) Powers evidencing applicant’s representation in appropriate cases;
e) Description of the project, including objectives, technology to be used, if necessary, activities to be undertaken, infrastructure demands, human resources and other services provided;
f) technical feasibility study, project financial and economic and market predictable;
g) Application for licenses, permits and authorizations required
h) Other documents that the Office considers necessary
7. Where do I Apply?
stakeholder requests are directed to the Director General of the Office, accompanied by the documents referred to above.
8. Who can submit the application and documents to the Office?
The application and presentation of documents may not exercise the person himself or through a proxy, duly accredited.
9. Who evaluates the documents submitted?
The Director General of the Office, assisted by a committee composed of representatives of the organs, agencies of the Central Government and entities that refer later, evaluates the submitted documents.
10. What the Ministries involved with the Zone?
The Commission that is created, called Assessment for the Establishment of Dealers and Users Special Development Zone Mariel, consists permanent representatives of the ministries of:
a) Economy and Planning;
b) Foreign Trade and Foreign Investment;
c) Finance and Prices;
d) Labor and Social Security;
e) Science, Technology and Environment;
g) Revolutionary Armed Forces;
i) Central Bank of Cuba;
j) the Institute of Physical Planning
k) Provincial Administration of Artemis.
The Director General of the Office may decide to incorporate other members permanent to the Commission if it becomes necessary. The heads of agencies of the central state administration, bodies and Commissioners entities communicate the appointment of its representative the Director General of the Office. They can also participate as guests in the evaluation process, representatives of other bodies, Central Administration State and entities, proposed by the Director General of the Office, as the application under analysis.
11. What is the procedure for the evaluation of applications and who authorized?
With the documentation submitted, the Bureau considers whether the record meets the requirements of Decree-Law and has a term of five (5) days to accept or return. From the acceptance of the documentation, the Office has a term of up to thirty (30) working days to make an evaluation. Applications received by the Director General of the Office are evaluated in the Commission. The Evaluation Commission for the Establishment of Dealers and Users Special Zone Mariel Development for the purposes of the provisions of the legislation, called the Commission, as is made herein.
The Commission has a Secretary appointed by the Director General of the Office, which may be replaced when for some reason it is required. If assessment procedure began, the Office considers necessary some additional documentation, the require of the applicant, indicating the term with which has to be presented, during which disrupts the deadline for conduct the evaluation.
Failure to comply with the term granted the application shall be deemed withdrawn filed and proceed to close the case. Once concluded the evaluation process, the Director General of the Office proceeds to raise the Council of Ministers foreign investment applications to be authorized by that body, or proceed to approve or deny the resolve rightful requests.
12. What applications are approved by the Council of Ministers?
Is the Cabinet faculty approval of foreign investment when intended for activities or cases:
a) Exploration of a nonrenewable natural resource;
b) The exploitation of natural resources;
c) When you link the use of renewable energy sources;
d) Investments comprising the transmission of ownership or other rights over state assets;
e) The investments made to provide public services such as transportation, communications, water supply, electricity, or to construct or operate a work public;
f) The real estate developments;
g) In the case of wholly foreign-owned enterprises;
h) When a foreign company with equity participation of a State abroad
i) When intended for the enterprise system health sectors, the education and military institutions.
13. What applications are authorized by the Director General of the Office?
It is the Director General of the Office to authorize foreign investments not mentioned above as well as other applications submitted.
14. What are the terms to authorize or deny foreign investment in the Area?
The Council of Ministers within a period of up to thirty (30) calendar days from the date of receipt of the proposal of the Director General of the Office dictates the Agreement authorizes or denies foreign investment in the Area. The Director General of the Office, a term of up to ten (10) calendar days, from the date of the conclusion of the evaluation process, issued Resolution to authorize or deny the application in cases within its jurisdiction. In the case of financial institutions operating under a License of the Central Bank of Cuba, the authorization for its establishment as Given user, by Resolution, the First Minister, a term of up to ten (10) calendar days from the date of receipt of the proposal of the Director General of the Office.
15. What is the application procedure for other types of investments?
The procedures for foreign investment, and venture capital firms Cuban that are fully embedded in the area and interested in their establishing it as Dealer or User comply with the detailed
this section for the submission, evaluation and approval of the application corresponding.
About the Process of Environmental Impact Assessment in the Area
16. How to apply for an environmental permit construction?
The holder of a work project or activity likely to impact assessment Environmental features, prior to their execution, the corresponding application environmental license to the Office Building. The Office of Environmental Regulation and Nuclear Safety (pray), within five (5) working days after receipt of the Office reviews the application of environmental permits filed and if it contains all the requirements of the legislation applicable to the implementation of the Environmental Impact Assessment.If the environmental license application submitted does not contain the requirements of the legislation, the Director General of the pray what communicated to the Director General of the Office for this required of the applicant, the completion or correction of the information provided. Once given the information shall take effect the period specified in the preceding paragraph.
Law No. 81 “The Environment”, provides that any activity likely to produce effects significant effects on the environment or that requires a proper control for the purposes of compliance to the provisions of environmental legislation, is subject to the granting of an environmental license by the Ministry of Science, Technology and Environment under which stipulates about this organism.
17. How is the process of Environmental Impact Assessment in the Area?
Conducting Environmental Impact Assessment is carried out as established in legislation and in the following periods:
a) Fifteen (15) working days for cases that do not require Impact Environmental.
b) Twenty (20) days for cases requiring EIA.
After the evaluation, the Director General informed the Director pray General’s Office, the decision in the process. Against the decision, the applicant may appeal set in within five (5) working days from the date of notification, to the Director General of the pray, who resolved within five (5) days business days following the date of the appeal brought by resolution. The environmental license application operations, presents the Director General of Office with the Director General of the pray.
18. What laws apply environmental impact on the area?
In the Zone applies the provisions of Resolution No. 132 “Regulations Process Environmental Impact Assessment “, of August 11, 2009, and the rest of the relevant legislation, in all that is not contrary to the provisions of Resolution of the Ministry of Science, Technology and Environment supplementing Decree-Law No. 313.
About the Administrative Concession
19. What is the administrative concession?
For the purposes of the regulations in the aforementioned Decree-Law, the award is the title enabling by which a particular person is granted temporarily managing a public service, the performance of a public work or exploitation of public domain.
20. Who may be granted administrative concession?
It may authorize the establishment as a dealer to individuals or foreign legal entities domiciled abroad and foreign capital and people national legal.
21. Who grants the administrative concession?
The administrative concession is granted by the Council of Ministers.
22. What are the rights of the dealership?
The construction, installation and operation of concession areas are being out by the dealers, who for this purpose may be authorized to perform, among others, the following activities:
a) Urbanization them land and build office buildings, factories, warehouses, deposits, services and other activities, and any necessary and appropriate infrastructure for the development of areas concessions, both for their own use and for lease to third persons settling them as members;
b) Give land for lease to carry out the authorized activities;
c) Provide starting and operating services or part of plants to support or carry out the activities of the users;
d) Build, promote and develop training centers, technical training and recreational facilities and services, including transport, for the use of Dealers, Users and their employees;
e) Develop areas and eventually selected according to the concession, the construction of homes, hotels and other facilities accommodation important to the operation of the Area;
f) Operate airports, heliports, harbors, docks, places of embarkation or landing stations or railways, or loading and unloading land line with existing legal regulations
g) Provide or receive general or specialized services.
23. What are the obligations of the Concessionaire?
The Concessionaire is required to:
a) keep a register of its production activities, facilities, according with accepted practices;
b) Invest in the development of the franchise area in accordance with the study of approved feasibility;
c) Start a term not exceeding one hundred eighty (180) calendar days to from its registration in the Administrative Control Registration Dealers, investment referred to in the preceding paragraph;
d) Comply with the contribution to the Development Fund of the Area;
e) Ensure the existence and maintenance of infrastructure in keeping with the stipulated in the concession, which allows adequate working conditions and provision of basic and essential services, including landscaping and recreation, in accordance with international practices;
The Concessionaire may freely set the price to be paid by the user for leasing facilities and the services it agrees to render.
f) To promote and develop training programs that contribute to the vocational training of workers when required;
g) To ensure the efficiency of the facilities of the concession area, in conjunction with users, so that they have the necessary conditions for the development of its activities;
h) Comply with and enforce the rules relating to environmental protection, the removal or mitigation of pollution, soil conservation, the water resources, marine areas, flora and fauna, as well as control animal and plant health;
i) Comply with the provisions of labor and social security in the country;
j) To take the necessary measures so that the efficiency and effectiveness inspections and verifications stipulated by the competent authorities for the proper control of the conditions of the grant;
k) Submit to the Office within ninety (90) calendar days following the date the end of its fiscal year, an annual report of its operations and any other information requested in compliance with its obligations to the Ministry of Finance and Prices, Tax Administration and with established statistical nature;
l) Implement clean technologies that eliminate or reduce waste generation, especially hazardous
m) To develop its activities in the terms and conditions set forth in the concession.
24. What data should contain the document granting authorization?
The authorization document must contain the following information:
a) Identification of the Concessionaire;
b) The location and boundaries of the area being authorized;
c) Subject of the concession;
d) Rights and obligations of the Concessionaire;
e) Investment Program;
f) Conditions to be met in the conduct of business;
g) The term for which the grant is awarded
h) Others who promptly required.
25. What is the term of the concession? Is it renewable?
The concession may be granted for a term of up to fifty (50) years and extended by the same authority that granted for a term less than or similar to initially granted.
26. At what point is the application for extension of the concession?
The extension request must be submitted by the Concessionaire for assessment by the competent authority at least six (6) months prior to expiration of the period originally granted.
27. How administrative concession is extinguished?
The administrative concession is extinguished by expiration of the term for which granted, by mutual agreement, for the waiver pending approval Dealer competent body for revocation or for invalidity.
28. What are the grounds for revocation of the administrative concession?
Causes for revocation of the grant as follows:
a) The death or disability of the dealership when natural person;
b) The extinction of the legal personality of the Concessionaire;
c) The state of insolvency of the Licensee;
d) Failure of the Concessionaire of its essential obligations, unless show that due to a fortuitous event or force majeure;
e) The rescue of the concession, when deciding the activity to continue in charge of the State;
f) Reasons for public order or national security;
g) Reasons of public utility or social interest
h) Any other cause which expressly provided under the management of award and the award ceremony.
On the Authorization of Users in the Area
29. Who can be approved as members of the Zone?
It may authorize the establishment as User to individuals or foreign legal entities domiciled abroad and foreign capital, as well as national legal persons and natural persons residing in the country.
30. What kind of activities can be performed by the users of the Zone?
Users can engage in productive nature, commercial or services, in the exercise of the authorization.
31. What users activities may be authorized to carry?
The user area can be authorized to perform, among others, the activities following:
a) Transformation of raw materials or intermediate products;
b) Manufacture of finished or semi-finished using the system installation and adjustment of parts, parts, components or accessories;
c) Processing or semi-finished products including parts, components, accessories or parts, to be subjected to a process that is necessary in order to facilitate the marketing or use of the product in question;
d) Commercial, handling, packing and repacking, storage, warehousing and sale of products;
e) Operating involving the use of ports, airports and docks, places loading and unloading, railroad stations and railways, loading and unloading land or other similar activities;
f) Banking, financial intermediation and insurance in the Area;
g) Service marketing, auditing, management, information technology and consulting services to the Dealers and users established in the Area;
h) General and specialized services to Dealers, Users and their workers;
i) Development of clean technologies and scientific research services and technology;
k) Agricultural, covering land cultivation and livestock rearing.
32. What are the obligations of the user?
Users must fulfill the following obligations:
a) keep a register of its production activities, facilities, according with accepted practices;
b) Invest in your projects according to the approved feasibility study;
c) Start a term not exceeding one hundred eighty (180) calendar days to from its registration in the Administrative Control Registration Users, investment referred to in the preceding paragraph;
d) Comply with the contribution to the Development Fund of the Area;
e) To promote and develop training programs that allow training vocational and retraining of workers, when necessary;
f) Submit to the Office within ninety (90) days following the naturals termination date of its fiscal year, an annual report of its operations and any other information requested in compliance with its obligations to the Ministry of Finance and Prices, Tax Administration and with established statistical nature, where they come;
g) Take the necessary measures for the efficiency and effectiveness inspections and verifications stipulated by the competent authorities for the proper control of the conditions set by the authorization;
h) Implement and enforce existing standards or those enacted concerning the environmental protection, the elimination or mitigation of pollution, soil conservation, water resources, marine areas, flora and fauna, well as veterinary and phytosanitary control;
i) Comply with the provisions of labor and social security in the country
j) To develop its activities in the terms and conditions set forth in the authorization granted.
33. Who authorizes the establishment of the User in the Zone?
The Council of Ministers may delegate to the Director General of the Office authority to approve foreign investments when it comes to your establishment as a user in cases of projects that make up the portfolio Business Opportunities in the country and have pre-feasibility study approved by the competent Cuban.
34. What Should the User authorization document?
The document of authorization to act as a user and develop activities in Zone, must contain the following information:
a) Identification of the User;
b) Company name and other information of the constitution in case of legal persons;
c) Scope of the authorization;
d) Conditions to be met in the conduct of business;
e) Investment Program;
f) Termination by which investment grants
g) Others who promptly required.
35. What is the competent authority to modify the authorization of a user?
The authority to modify the authorization is the same as that granted. Admission, assessment and approval or denial will be governed by the provisions for the approval and the provisions of Decree-Law Rules and cited.
36. What are the grounds for revocation of the authorization?
a) The death or disability of the User when natural person;
b) The extinction of the legal personality of the User;
c) The User insolvent;
d) Failure User fundamental obligations, unless show that due to a fortuitous event or force majeure;
e) Reasons of public order or national security;
f) Reasons of public utility or social interest, and g) Any other cause which expressly provided in the authorizing resolution.
About the Special Schemes Zone
37. What is called special regime of the Area and what are these?
The special arrangement is applied to established dealers and users in the area, made up of different schemes provided, which starts when it entered the concession or authorization granted in the Book enabled Office for administrative control, as applicable. These schemes are:
a) Special Treatment customs;
b) Special arrangements work;
c) Special control regime;
d) Special scheme violations and measures to be applied;
e) Special arrangements migration control and internal order;
f) special tax regime;
g) Special arrangements for insurance
h) Special regime monetary and banking.
About the Customs Special Treatment
38. What is the customs special treatment?
The General Customs of the Republic establishes a special procedure for Dealers and Users of the Zone, in order to simplify procedures and terms for registration, application and granting of customs procedures and includes the use of information technology, so as to constitute a incentive to establish them in the area. Also determines control formalities and terms that must be met for entry, storage and disposal of goods and international transport. The General Customs of the Republic provides facilities for formal customs that are required before and during the entry of goods to the Area, from abroad, are considered necessary for the development of the activity approved by the appropriate authority, and applies the established tax treatment. The Customs rules applicable in Zone apply to all units of the system customs bodies, the Dealers, Users and other trade operators involved in the area.
39. How and where applications are submitted for the enjoyment of the regimes customs?
Applications for the enjoyment of customs procedures presented by the Office concerned, which will provide documented the customs authority the elements of the application filed and argument of need. If required authorization for the additional customs regimes enjoy the initially granted or expansion or relocation within the Zone itself, the holders of customs procedure requested by the Office. The General Customs of the Republic grants to Dealers and Users Zone customs statutes approved activity required to facilitate goods can be stored, processed, finished, marketed among the persons authorized for that purpose, import, export or re-export.
40. What rules govern the award and granted of the customs procedure?
The concession granted of the customs procedure is governed, as not contained in Regulation of Decree-Law No. 313, of customs regulations applicable to the aforementioned regimes and rules that add to or modify.
41. What regulates the customs warehousing?
The Head of the Central Registry of the General Customs of the Republic referred to the principal Customs Application Techniques for enjoyment deposit scheme Customs Office received and their reconciliations, retention or transfer deposit, for evaluation, processing and presentation of draft Corresponding resolution.
42. How can extend the storage areas and facilities previously authorized?
The depositor or the depositary that requires extending the areas and facilities pre-authorized deposit or transfer the goods deposited to another store in the area, has based the request by letter to Head of Customs Control, which issues a term response not exceeding five (5) working days from the date it was filed request.
43. How and who authorizes the Global Declaration for import formalize goods to and from the customs warehouse?
The Head of the Customs Declaration authorizes Global Mariel to formalize the importation of goods to and from the customs warehouse upon request submitted by the holder of the procedure. The application of this facility is presented in a term not exceeding fifteen (15) calendar days prior to the date of the transaction and is accepted or rejected, in the term of five (5) working days from the date on which it is presented.
About the Special Regime Labor
44. Who can work in the area?
Employees working in the area should be, as a rule, residents Cuba permanent, whether Cuban or foreign.
45. How to hire workers of Area?
Hiring Cuban or foreign workers, permanent residents in Cuba, providing services to dealers and users of the area, is performed by the Cuban entity appointed for that purpose, under contract for it is signed.
46. Who can be hired directly by the dealers and users?
The Dealers and Users can directly recruit individuals foreign permanent residents in Cuba not to hold positions of leadership certain jobs or technical, approval of the authority. The persons referred to in the previous paragraph can stay and work in the country, meeting the immigration, tax and labor force.
47. What should a Cuban worker who wants to provide services to Dealers or Users?
To provide services to Licensee or User Cuban workers and permanent resident aliens in Cuba must first establish its working relationship with the Cuban entity designated.
48. What labor issues shall be governed by the laws in force in the country and not the Decree-Law No. 313?
The issues relating to recruitment of workers, labor discipline, settlement of labor disputes, collective bargaining agreement, rules of procedure, social security, paid annual leave, overtime, pay days holidays, protection, safety and hygiene at work, material liability is governed by law in these matters.
49. How recruitment is regulated workforce between the Concessionaire and User and Cuban entity designated?
User Licensee and signed with the Cuban entity designated contract labor supply, which must contain the following:
a) Name, surname and address of the contracting parties and the capacity in which appear;
b) Name and registered office of the Licensee or User and entity Cuban designated;
c) Object of the contract, specifying charges, number of employees, etc. aspects;
d) Payment for the service rendered;
e) Refund or replacement worker;
f) Contractual duties in compliance with the provisions of Regulation of Decree-Law No. 313 and labor legislation;
g) Duration and review of the contract;
h) Date commencing upon the contract;
i) Signature of the contracting parties
j) Other parties to promptly consider necessary.
It is essential for the conclusion of the contract the presentation by the User Dealer or legal document issued to execute the activity authorized, as well as evidence of their representative and the work permit of accordance with the statutory provisions.
50. How do you decide the amount to pay for the work force?
Payment for the service of the work force it was agreed between the Cuban entity designated and the Dealer, or User.
51. What if the employee does not meet the expectations of the dealer or user?
Licensee or User may return the entity hired worker Cuban designee, when for good cause not meet your demands in the work, proceeding to compensate such entity. If required, request replacement worker for another.
52. How to pay compensation for the return of a worker?
a) One month’s payment for the supply of workers for up to 9 years of service;
b) Two months of payment for the supply of workers by 10 to 19 years services;
c) Three-month payment for the supply of workers by 20 to 25 years services;
d) Four months of pay for the supply of workers by 26-30 years services;
e) Five months of payment for the supply of workers for over 30 years services.
53. In what cases not appropriate compensation?
There shall be no payment of compensation, when the return is at the initiative the worker.
54. What is the fate of the worker returned?
The worker that is returned to the Cuban entity applies is designated provided for workers in the legislation.
55. Who and how you get paid to workers hired?
Payment of wages to workers hired Cuban entity performs what designated in Cuban pesos.
56. How do you determine the amounts to pay for the supply of the labor force?
To determine the amounts to pay for the supply of the labor force between Cuban entity designated and User Dealer or abroad, are evaluated following:
a) wages that are paid to similarly complex positions in companies within the same branch or geographic sector or User Dealer abroad;
b) workers who earn salaries in Cuba, including annual leave paid
c) Expenses incurred by the employer in the management entity to ensure supply of skilled labor, which involves the recruitment, selection and training, among others.
The amount determined is the payment for the service rendered, which entered in the supply contract signed with the Concessionaire and User Cuban entity recorded.
57. What does the salary paid?
The workers earn wages in Cuba is applying charges Licensees and foreign users and includes:
a) Salary scale;
b) Additional payments established in the current legislation, night, albergamiento, shift rotation, height, and other social economic interest is legally approved.
Seniority pay, masters and doctorates are included when the parties agree that those who occupy certain positions meet these requirements additional.
58. Can you change the level of payments?
The amounts of the payments for the provision of agreed workforce can modified as a result of the annual evaluation of the parties made results and business conditions.
59. What elements are taken into consideration for the payment to the workers?
For the payment of wages to workers by the Cuban entity designated to authorized by the Ministry of Labor and Social Security is taken into account:
a) The complexity, working conditions and requirements of the charges play;
b) The forms of pay for performance to be applied;
c) The coefficient to be fixed and the amounts charged for the service delivery of the labor force.
60. What elements are taken into account in wage formation for Dealers and Users Cubans?
For dealers and users in forming the Cuban wage applies Next:
a) Salaries are linked to the performance of the entity;
b) Wage increases arising as a result of linking the salary will be funded by entities in correspondence with compliance management indicators;
c) The wage limit is determined to get wage spending valuable weight gross aggregate planned;
d) The directors of the entities approve payment systems yields apply.
61. What is the minimum to be taken into account in setting wages?
To set wages of a minimum, equivalent to the average wage to end of last year in the province of Havana, at the time of the negotiation.
About the Special Regime of Control
62. What is the special control?
The Dealers and Users of the Zone are subject to a special regime of Control aimed at ensuring compliance with the conditions laid down in the concession or authorization, as appropriate, as well as the legal provisions apply in the Area. The Dealers and Users authorized to operate in the area are in the obligation to comply with the legal regulations in force in the Republic of Cuba and those that are imposed by Decree No. 316 cited above. The dealers and authorized users to perform operations in the area are monitored through periodic inspections, after coordination with the Office, for the bodies of the Central Government and organizations governing the different activities, which reported infringements detected through the Office.
About the Special Regime Violations and Measures to Apply
63. What is the special of violations and measures to be applied?
It applies to the Dealers and Users of the Zone special regime violations and measures in accordance with the provisions of Regulation Decree-Law No. 313.
64. Who may be required before the commission of offenses and by whom respond?
The Dealers and Users may be subject to claims from the Office before the commission of offenses. The Dealers and Users liable for the offenses committed directly or by its staff, including infringements of workers hired through designated Cuban entities.
65. What are considered infractions?
In addition to the special legislation under each subject, are considered the following offenses:
a) Performing commercial acts outside the scope or activity that has been authorized;
b) Failure to comply and the terms and conditions set forth in the grant or authorization, as appropriate
c) Counterfeit goods or services fictitious.
66. What measures can be applied to offenders?
The dealers and users are subject to application by the Office of the following measures:
a) A fine of 5 000.00 to 100 000.00 in the fundamental currency of its operations, being the minimum and maximum value raised to three (3) times in the case of recidivism.
b) Loss of tax incentives or other benefits granted by the end of up to one (1) year.
c) Revocation of the Concession or cancellation of the authorization.
67. What is the procedure for the application of measures?
The Director General of the Office, the body of the Central Administration Applicable State or competent authority, by resolution, the measure corresponding. As legal instrument used to solve for claims. The Director General of the Bureau then advises the responsible to the extent that appropriate, a term not to exceed twenty (20) working days to from knowledge of the offense in cases within its jurisdiction, or of the measure imposed by the competent bodies. The offender has seven (7) business days of notification to present with the Director General of the claim of the measure imposed.
The Director General of the Office within three (3) working days, moved bodies to the Central Government and the entities claims that are presented to him as a result of the measures imposed by these. The central government agencies and state entities have twenty (20) working days from the filing of the claim, to to respond and inform the Office for notification to the claimant. The Director General of the Office notifies the complainant within a period of up to three (3) business days after receipt of the Agency’s decision on the Central Government or entity.
The disagreements by decisions taken by the bodies of the Central Government and entities are resolved as provided in the legislation. The Director General of the Office decides the claim by the measures imposed by him within a period of up to twenty (20) working days from the presentation of the claim by the offender. The claimant has seven (7) working days from the notification of the decision referred to in the previous paragraph to be submitted to the Director General Reform Resource Office. The Director General of the Office has a term of thirty (30) working days to solve the Reform Resource.
About the Special Regime Immigration Control and Internal Order
68. How is requested and granted temporary resident visa for Dealers and Foreign users?
The Department of Identification, Immigration and Aliens (Tell him), at the request of Director General of the Office of the Zone, grants a temporary resident visa for 90 days for foreign natural persons without citizenship, which Dealers or seeking to establish as Zone Users, pending acquire work permits and temporary residence in the country. The Diie knows immigration procedures that may eventually apply Dealers or Zone Users, through the officer in charge of this activity in the Area Office.
The application and the granting of visa to enter the country, the immigration office buildings sea and air through the international border points located in the area, run as established in the current immigration legislation. Issues relating to the granting of the temporary residence to foreign individuals or non-citizens who serve as Dealers or Zone Users are governed in accordance with the regulations of the Ministry of Interior governing this matter.
69. When you have such cancellation of temporary residence?
Immigration authorities have cancellation of temporary residence Foreign individuals without citizenship in loco Dealers and Zone Users receiving Office, the notice of termination of the
professional or occupational activities of these people, as well as leaving the country accordance with the deadline set by the immigration. The control immigration authorities that foreign individuals without citizenship linked to the activities authorized dealers or users Zone, perform only the authorized professional or occupational activities. They also have cancellation of temporary resident status to this category of persons if they fail the immigration or commit criminal activities.
70. What regulations apply harbormaster in the Zone?
Grantees or Users in loco shipowners or vessels, port administrators and operators, or to pay any service at the port facilities located in the area, benefiting from the provisions current legislation regarding:
a) Safety and navigation control
b) Protection of ships and port facilities
c) Control of weapons, ammunition and hazardous substances
d) Identity of the ocean
e) Record tuition Cuban flag vessels acquire
Similarly, applying to the Port, the permissions for access to anchored vessels, port entry and exit of ships and boats, cargo and passengers, removal, repair of ships and boats, the enlisted or desenrolo of crew and passengers, enforcement of maritime port or nautical operations, maintaining the Office informed of the Area.
71. What other powers has the Harbor?
At the request of the Area Office issues the permits, to establish points loading and unloading for the transfer of persons by sea, from or to the area. These points are governed by specific regulations that such effects are available. Guardaescalas service can locate ships and boats during stay in the ports of the Area; execute maritime control port and naval and polls to their burdens have on these measures precautionary and detain persons, to reasonable suspicion of a crime or other offenses of the Act also participates in the investigation of marine casualties and incidents. Outputs the maritime security level must assume the port areas located in the Area, in accordance with the Code Ship and Port Facilities.
72. What regulates fire safety?
The subject of the investment process, the Dealers and Users of the Zone is welcome to regulations on fire safety standards in force in the country. The Office of the Area as a member of the Fire Safety System of the Republic of Cuba, has a comprehensive plan for fire safety and other emergencies, formed from individual plans that have the Dealers and Users of the area, ensuring the implementation of actions corresponding control. The subject of the investment process, ensuring that every work meets the fire safety requirements and protection from other emergencies, in including water supply systems, fire suppression, of electrical protection against spills, laptop protection, automatic detection and emergency response. The Cuba Fire Department, demands and requirements guarantees that apply. The Cuba Fire Department, in conjunction with Protection Agency Fire (APCI), performs testing of implementation of investments in the Area, to ensure that they meet the safety requirements Fire.
73. What must be certified and validated through Protection Agency Fire?
The Dealers and Users of the Zone, subject to approval by the Corps of Cuba Fire, certified and validated through the APCI:
The exercise of state control functions relating to possession and operation of vessels and maritime traffic control, fire safety and physical protection, when executed by inspectors Port Captain, Fire Protection and the Ministry of the Interior, respectively. The certifying entities recognized in the area for security issues against fire, are those approved by the Ministry of Interior. The Cuba Fire Department, performs preoperative and working visits to the management control of the fire safety during the investment process, actions to be performed in coordination with Office. Upon the occurrence of a fire or emergency, no specialized professional forces and voluntary entities embedded in the Zone, which act in mitigation, are subordinated to the Corps Firefighters Cuba, until the cessation of the reasons that led to its intervention.
a) The structure, organization and services provided in the development plan territory concerned.
b) Compliance with existing standards and new investments that run on the Area.
c) The equipment and materials related to fire safety.
74. What regulates safety and protection?
The subject of the investment process, the Dealers and Users of the Area are required to comply with regulations regarding physical protection, Under which they must prepare a Safety Plan and Security issues, applying for licenses, permits to import, export and use dangerous substances and certify and standardize the means or security systems that wish to import or use at home. Grantees or Zone Users determine the control regime access and internal movement of people and vehicles on your premises, the points vital areas reserved and open access areas, according to the levels and criteria physical protection and security established by the Ministry of Interior. The Directorate Protection of the Ministry of Interior at the request of the Office of the Area provides special protection regimes facilities.
The Dealers and Users of the area, through qualified entities to these effects, contracted security services or security personnel and protection. Also certify the security services and physical protection, the safety measures planned to be imported or used for such purposes and the protection of port facilities. Grantees or Users in loco shipowners or vessels, port administrators and operators, taken in the enclosures port procedures and security measures and physical protection correspond to maritime security level set by the Port Authority. The head administrative each port area, approves the evaluation and the protection plan and designate a Security Officer for installation port.
Entities recognized for provision of security and physical protection of the Area, evaluation, counseling, consulting, development of safety plans and protection, and protection services, companies or agencies are involved in this activity, after consulting the Ministry of the Interior. The certifying entities recognized in the area for issues related to physical protection, are those approved by the Ministry of Interior.
75. What is regulated in road safety?
The National Transit provides facilities to the Area Office, the purpose of the execution of the procedures associated with its vehicle fleet, drivers enforcement professionals and road signs.
About the Special Regime Tax
76. What is the special tax?
The Dealers and Users have a special tax regime, for accordance with the Regulations of Decree-Law No. 313, which encourages participation and fosters the development of the Area for the benefit of progress of the country and enhance the use of environmental technologies related to the activities carried out there.
77. What are the tax exemptions for dealers and users benefit with special regime?
The Dealers and Users benefit from the special regime are exempt tax obligations following:
a) Tax for the use of the labor force;
b) Tax on profits for ten (10) years. In cases resulting from interest to the country the Minister of Finance and Prices may extend that period;
c) Customs tax by the media, equipment and goods imported for purposes of investment process in the Area;
d) Tax on sales or services during the first year of operations;
e) Property tax for local development.
78. How beneficiaries pay tax obligations?
The Dealers and Users benefit from the special pay the tax obligations with the following adjustments:
a) Tax rate 12% tax on profits;
b) Tax rate of 1% for payment of sales tax or the services, for entities that sell goods or services;
c) Tax rate of 14% social security contribution to people legal employing paid labor force.
About the Special Regime for Insurance
79. What is the special insurance?
The dealers and users are required to purchase property insurance of any kind and responsibilities.
80. Who has the right of first refusal in insurance?
The Cuban insurance under internationally competitive, have the right of first refusal. Not possible, the Superintendent of Insurance underwriting authorized with foreign entities. Regulations for the granting of the authorization referred to are issued by the Minister of Finance and Prices.
81. How to apply for the insurance with foreign entities?
The Dealers and Users of the Area of interest hire insurance property of any kind and liabilities with foreign entities, have to the Superintendent of Insurance of Cuba, through the single window Area Office, a written request, in Spanish, which should recorded the following data:
a) name and registration details in Cuba of the applicant.
b) Name, surname, identity number or passport of the person who submitting the application on behalf of the applicant.
c) Full name, citizenship, identity card or passport number, in the case of that the applicant is a natural person.
d) Address (location) in the area, phone number and email address address of the applicant.
e) Type of insurance you are interested in hiring as well as goods or responsibilities want to secure.
f) Company name and nationality of the insurer who hire interests.
82. What documents must be submitted to apply for insurance with entities foreign?
In conjunction with the application referred to above, the entity or person interested, presents the following documents:
a) Document issued by the Office, stating that the Licensee or the User applicant is enrolled in the corresponding control book.
b) Quotation or negative insurance coverage right Cuban first choice.
c) Quote of the foreign insurer proposing to cover the assets or liabilities they wish to insure.
d) Power attesting legal representation which the person filing the request.
83. What is the process for the approval or denial of this type of insurance?
Once you submit the application and required documentation, the Insurance gives its approval or refusal within a period of ten (10) business days.
About the Special Regime Monetary and Banking
84. What is the special monetary and banking?
In providing financial inter-mediation services are authorized, the Users also comply with the provisions of Decree-Law No. 313 and its Regulation, the rules issued by the Central Bank of Cuba that are provisions, including those relating to the prevention of money laundering and terrorist financing.
85. In what currency transactions be made?
transactions each other dealers and users are made in pesos convertible or freely convertible currency they agree or pesos Cubans, only in the cases provided for in the legislation of the country. A transactions of dealers and users with the subjects of the economy will be applicable domestic monetary regime in force in the country.
86. What banks may use the Dealers and Users of the Zone?
The Dealers and Users open accounts in banking institutions of their choice established in the area, through which the receipts and payments made derived from its operations.
87. What applies to the transfer of profits, dividends, repatriation of capital and assets invested?
Foreign investors, whether dealers or users, once established in the area have the right to free disposal of their funds and transfer abroad, in freely convertible currency, through the System National Bank, without payment of tax or any other tax related such transfer, the net profits or dividends obtained from their activities and repatriate invested capital. Foreign citizens serving in the area, provided that no permanent residents in Cuba, they can transfer abroad the income that receive, in proportion and in accordance with regulations established by the Central Bank of Cuba.
Users who are authorized to settle in the area to provide services financial inter-mediation activity carried out prior Central Bank License of Cuba, who set at this scope and type of operations they can perform and any other provisions that will fit in the exercise of the providing the service, under the supervision and regulation of the Central Bank of Cuba.
89. How do I adjust the license application for the provision of services financial inter-mediation?
For the provision of financial inter-mediation services in the area, is requesting licensing of Central Bank of Cuba through the stop the Zone Office, taking into account the requirements established by Resolution No. 24 of March 24, 1999, the Minister-President of the Central Bank of Cuba. Financial institutions operating in the country under General licenses, Special Specific Type A or granted by the Central Bank of Cuba, likewise comply with the provisions of the preceding paragraph. In the case of applicants who are not providing services in the country, the License will be Special Representation Type B or, as appropriate, and these are set the scope, the kind of operations and activities that users can develop in the area. From Being RFPs foreign capital, taking one of the forms of foreign investment authorized by law, approval occurs the competent body, according to Decree-Law No. 313 of 2013 and its regulations complementary.In all cases the Central Bank of Cuba issued the license for the provision of financial inter-mediation services in the area, within ten (10) days business days counted from the date of acceptance of the application following Pursuant to Resolution No. 24 of March 24, 1999.
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