U.S. Releases Rules for Imports From Cuba

The U.S. State Department on Friday released the rules for goods and services that may be imported from private Cuban entrepreneurs.

But forget the artisanal cigars, home brew or even refurbished vintage cars. Tobacco, spirits and machinery are among the products ineligible for import under the new rules.

Prepared food and beverages, textile and textile articles and animal products also aren’t eligible, cutting out important potential sales opportunities for Cubans. Imports of live animals, vegetables, chemicals, mineral products, electrical equipment, telecommunications parts and mechanical appliances aren’t permitted, either.

Items that aren’t on the list of exceptions may be imported.

“It was a little disappointing because it’s quite limited on the goods side, but it’s still a historic change,” said Augusto Maxwell, who heads the Cuban practice at the Akerman law firm.

But he said he was more encouraged on the services side, where the State Department didn’t impose any specific restrictions on contracting private Cuban entrepreneurs, although it did say they would need to provide documentary evidence that they are truly independent. That includes a Cuban government self-employment license or proof that it is not controlled or owned by the Cuban government.

About three years ago, the Cuban government began turning some state-owned nongovernment businesses over to workers who run them as cooperatives. But so far, only about 500 cooperatives have been approved.

The Cuban government allows self-employment in 201 categories, but at this point, almost all professional activities are ineligible for self-employment licenses.

But Maxwell said allowing U.S. companies to import services from Cuban contractors is “the highlight” of the new rules.

“There are now opportunities for Cubans to work for U.S. companies,” he said. “The beauty of this is that it signifies to the Cuban people that it is no longer the United States that is standing in their way of being employed by U.S. companies.”

However, many of the self-employment service categories are low-tech and aren’t necessarily of interest to American companies.

Among jobs that fall into that category are entrepreneurs who repair household goods, watches, eyeglasses, jewelry and shoes, as well as workers who make pushcart deliveries, sharpen knives and fill or repair cigarette lighters.

But Cuban entrepreneurs are allowed to program computers, translate documents, provide sports training (with the exception of martial arts), teach languages, book private bed and breakfasts, provide bookkeeping — but not accounting services.

This article appeared in print in the February 16th, 2015 edition of Hamodia.