Individuals will be allowed to work as tour guides, on the condition that they “promote the ethical and moral values of Cuban society.”
14ymedio, Havana, September 3, 2026 – Foreign and mixed-ownership companies will no longer be required to rely on the Cuban State as an intermediary to hire their workers. The change, announced in June, was formalized this Thursday in Decree-Law 128, published in Official Gazette No. 73.
The publication of the new regulations was not without oversights. In the Official Gazette’s own table of contents, Decree-Law 128 is described as amending “Law 18,” when it is actually Law 118, and the word “Inverción Extranjera” [Foreign Investment] is even misspelled. Not a particularly polished entry for a regulatory package with which the Government intends to provide investors with greater security.
Beyond these typos, the Decree-Law introduces a substantial change to the labor regulation governing foreign investment: Cubans and permanent foreign residents working for mixed companies, wholly foreign-owned companies or international economic association contracts may be recruited directly by these entities. The option of using a State employment agency remains, but it is no longer mandatory.
The new legislation is, however, more cautious: it does not eliminate employment agencies, but instead makes their use optional
Until now, the foreign company paid for labor to a Cuban entity that was legally the worker’s employer and managed the hiring process. The system, which had drawn much criticism over the years, also prevented business owners from establishing a direct employment relationship with their employees.
Prime Minister Manuel Marrero had already announced the change before the National Assembly in June. “A foreign company can freely hire its workers without a third party intervening,” he said at the time, while presenting reforms that the Government insists are compatible with the “socialist project.”
The new legislation is, however, more cautious: it does not eliminate employment agencies, but instead makes their use optional. Companies that currently rely on these State structures and decide to begin hiring directly will have a transition period of up to 60 days to transfer the documentation and procedures related to their workforce. Resolution 56 of the Ministry of Labor also specifies that current employees may not begin receiving income lower than what they currently earn.
The reform also allows foreign companies to offer their workers bonuses in foreign currency, provided they generate those resources. Management bodies may also decide how to use their profits, including creating incentive funds, a decision that previously required administrative authorization.
Legal entities that already have the authority to import or export may trade in all goods that do not expressly appear on the list of prohibited or restricted products
Another significant change concerns access to the international financial system. Mixed companies and domestic investors participating in economic association contracts may open accounts at foreign banks without first obtaining permission from the Central Bank of Cuba. Going forward, it will be sufficient to notify the institution, which must be informed within seven days.
This does not, however, constitute a general authorization for any Cuban private company to freely maintain accounts abroad, but rather a facility limited to certain forms of foreign investment.
The Official Gazette also relaxes foreign trade operations. Legal entities that already have the authority to import or export may trade in all goods that do not expressly appear on the list of prohibited or restricted products.
Resolution 68 allows individuals to operate travel agencies, including wholesale, retail and online agencies. They may market packages, accommodations, transportation, excursions and other services, although they will need a license from the Ministry of Tourism valid for three years.
Resolution 69 likewise opens land-based tourist transportation and vehicle rentals to private operators, a business traditionally monopolized by companies linked to the State. New operators will have to meet requirements concerning insurance, maintenance, technical inspections and other conditions in order to obtain their licenses.
Meanwhile, Resolution 70 creates the position of the “independent tour guide,” who may work without an employment relationship with a tourism agency. The independence has limits: applicants must be trained and certified by Formatur, be registered in the National Directory of Tour Guides and possess an official credential.
Oniel Díaz, co-founder of the consulting firm Auge, welcomed the new regulations enthusiastically and described them as “very important changes” in two key areas, foreign investment and tourism
Among the obligations imposed on these professionals, the regulation is not limited to technical matters. It requires them to “promote the ethical and moral values of Cuban society,” remain up to date on the country’s political and social affairs and act against conduct that, according to the authorities, harms the “interests of the country, society, the people or its institutions.”
After the measures were announced in June, several economists expressed skepticism and warned that the reforms’ scope would depend on their practical implementation and on the degree of discretionary power retained by the authorities.
The need to attract capital and foreign currency lies behind much of the new framework. The Cuban consulting firm Auge itself noted in July that the reforms were driven less by an ideological shift than by the realization that the previous model could no longer sustain the country’s economic needs.
Oniel Díaz, co-founder of the consulting firm Auge, welcomed the new regulations enthusiastically and described them as “very important changes” in two key areas, foreign investment and tourism. In his view, the update “constitutes progress in simplifying procedures and opening up to new economic actors,” within the official strategy of “improving the management model.”
Translated by Regina Anavy
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