FREE ZONE INSTRUCTION No. 2/96
AUTHORIZATION PROCEDURE FOR THE ESTABLISHMENT
OF OPERATORS IN THE FACILITIES OF THE FREE ZONE
As provided for by Article 17 of Decree-Law No. 165, on Free Zones and Industrial Parks, dated 3 June 1996, it is the duty of the Ministry of Foreign Investment and Economic Cooperation, upon the grantee's proposal, to authorize the establishment of operators in their facilities, being therefore convenient to set down the required regulations in order to carry through the relevant applications.
By virtue of the aforesaid, the following procedure is established:
FIRST: The authorizations for the establishment of Operators shall be arranged through the National Office of Free Zones.
SECOND: Free Zone Operators can be the natural or legal persons, with a foreign domicile and foreign capital, or the national legal persons interested in developing activities as such.
THIRD: In order to procure the operator authorization, those who are interested must submit to the grantee the application in the format established by the National Office of Free Zones, together with documents certifying their economic solvency, and in regard to legal persons, a copy of the incorporation documents, the accrediting certificate relating to the nature of the legal representative appointed by the appearing party, duly legalized in accordance with Cuban laws, as well as a banking endorsement.
FOURTH: The grantee shall receive the documents referred to in the foregoing Article and submit five (5) copies to the National Office of Free Zones within seventy-two (72) hours following the steps taken by the person concerned, who shall be immediately informed by the grantee of the submission date of the file.
The person concerned shall present himself at the Office for further arrangements.
FIFTH: The Office shall, within a period of five (5) calendar days, review the documents. The forty-five (45) day period set down in the law shall be counted after compliance with the necessary requirements.
If the documents are imperfect, the process shall be suspended and the person concerned shall be properly notified. Within the same period of time, this person shall correct the fault or present himself at the Office to file a complaint, thus resolving whatever is expedient. The suspension and the complaint shall also be effective if the fault is deemed irreparable.
SIXTH: The Office shall, within a period of no more than fifteen (15) calendar days counted from the date the application was submitted or the process suspension removed, analyze the said application and conduct consultations with the pertinent bodies of the Central Administration of the State in this respect, which shall proffer their criteria within the same term.
SEVENTH: After fulfillment of the above-mentioned arrangements, the Office shall draw up a draft resolution granting or denying the approval of the application, and shall submit both the resolution and the file to the Minister of Foreign Investment and Economic Cooperation.
EIGHTH: The resolution authorizing the operator must contain all the information relating to his identity, the Free Zone where he shall carry out his tasks, the program of immediate and future investments, the carefully-detailed activities within his scope of operations, the applicable special regime and any other relevant or convenient matters.
NINTH: The Minister of Foreign Investment and Economic Cooperation shall, after examining and evaluating all the documents submitted, issue the relevant Resolution within the forty-five (45) calendar days following the submission date of the application.
TENTH: The resolution issued by the Minister of Foreign Investment and Economic Cooperation shall be final as of the day it is signed, and information with respect to it shall be sent by the National Office of Free Zones to the person concerned and the grantee, together with copies, within a period of no more than seven (7) calendar days.
Let it be published in the Gaceta Oficial de la Republica.
Approved in Havana, on the twenty-fourth day of the month of October of 1996.
"Year of the Centennial of the Death in Combat of Antonio Maceo."
Ibrahim Ferradaz García
of Foreign Investment and Economic Cooperation