RESOLUTION No. 66/96
WHEREAS: Decree-Law No. 165, on Free Zones and Industrial Parks,
dated 3 June 1996, establishes, in its Article 4.2 item f), that the Ministry
of Foreign Investment and Economic Cooperation shall create, organize and
regulate the Official Registry for the registration of grantees and operators.
WHEREAS: It is necessary, in addition to creating the Official
Free Zone Grantees' and Operators' Registry, to furnish it with Regulations
for its proper functioning.
THEREFORE: By the power vested in me,
FIRST: To create the Official Registry of Free Zone Grantees and Operators, hereinafter referred to as the Registry for the registration by these persons of their respective certificates.
SECOND: The Registry shall function as a branch attached to the National Office of Free Zones, hereinafter referred to as the Office, and its headquarters shall be located in the premises of the above-mentioned Office. However, the Registrar must be constituted regularly and subject to notice in each Free Zone so that the persons concerned can be approached directly. The Office's legal adviser shall simultaneously act as the Registrar.
THIRD: To approve the following:
REGULATIONS OF THE
OFFICIAL FREE ZONE GRANTEES' AND OPERATORS' REGISTRY
ARTICLE 1: The following books shall be included in the Registry:
- book for the submission of documents
- grantees' registration book
- operators' registration book
- the other auxiliary books determined by the Registrar himself and approved by the Office's Director.
If expedient, magnetic supports shall also be used for the Registry.
ARTICLE 2: The Registry books shall be provided by the Office's Director, who shall, on the first valid page of each one, issue a certificate bearing, in printing type, its destination and reference number.
ARTICLE 3: The Registrar shall record in chronological order on the registration and general index sheets, all the grantees and operators present for registration, numbering each page of the respective book accordingly.
ARTICLE 4: In the book for the submission of documents, the Registrar shall only enter a brief description of these persons, and if they fulfill the requirements for the registration, the registrar shall proceed to perform the registration. If in any case, at the Registrar's discretion, the documents were not suitable for registration, owing to reparable or irreparable faults, and the person concerned decided not to remove them, a note suspending or denying the registration shall be inserted right after the entry of presentation.
The submission of an application for the registration of a certificate, taking place thirty (30) days or more after it was issued, shall always be considered an irreparable fault.
In the event that the person concerned disagrees with the suspension or the registration denial, this person concerned can, within five (5) days, file a complaint to the Office's Director, who, within the same term, shall resolve whatever is expedient.
ARTICLE 5: The application for the registration and the document submission may be performed by the person concerned, either by himself personally or by proxy.
ARTICLE 6: The documents submitted shall be bound in covered files, duly numbered, which shall also be a part of the Registry.
ARTICLE 7: Registrations can be as follows:
a) certificate registration
Certificate means the resolution issued by the relevant authority granting the concession or conferring the operator authorization;
b) resolutions issued by the relevant authority modifying the data referred to in Articles 11.1 and 21 of Decree-Law No. 165 or the conditions imposed on the grantee or operator;
c) resolutions extending the concession time limit; and
d) measures imposed on the grantees and operators by the regulating body. (Article 5.1 of Decree-Law No. 165).
ARTICLE 8: For the certificate registration to retain its validity, it is required that the resolutions and measures referred to in items b) through d) of the foregoing article, as well as others that may affect the certificate, be registered within a period of thirty (30) days counted from the date on which they were approved or adopted.
ARTICLE 9: Together with the certificate registration there shall be, in regard to the grantees, a record of the data contained in the agreement granting the concession and it must include the following information:
a) the grantee's identity and legal status;
b) geographical location of the Free Zone being authorized;
c) conditions imposed on the grantee;
d) investment program;
e) characteristics of the project;
f) activities to be carried out;
g) applicable special regime;
h) time limit of the concession; and
i) any other information whose inclusion is deemed necessary or convenient, as well as the powers recognized and the duties imposed on them.
ARTICLE 10: The operators' certificate registration shall contain the following information: his identity, the Free Zone where he shall carry out his activities, the program of immediate and future investments, the carefully detailed activities within his scope of operations, the special system applicable and any other relevant or convenient matters.
ARTICLE 11: Errors incurred in performing a registration shall be corrected by the Registrar when noticed. Each entry or note concerning an error correction shall bear the date on which it was effected and shall be signed by the Registrar.
ARTICLE 12: At the request of the concerned party, the following certificates may be issued:
a) Literal, containing one or several entries or registrations, which shall be entirely transcribed.
b) In regard to one or several entries or registrations or to certain aspects of these.
c) Negative, when the information whose certificate is requested does not appear in the Registry books.
ARTICLE 13: Certificates shall be issued within a period of four (4) days following the application submission. If the issuance is not possible due to its length or to any legal or material impediment, a footnote to that effect shall be recorded.
ARTICLE 14: If the registration for which a certificate is requested happens to be canceled, a note to that effect shall be expressly recorded, even if not asked for; and if it is an association whose time limit is due and not extended, such remark shall also be recorded.
ARTICLE 15: The certificates of the Registry shall retain its validity for a period of ninety (90) days following its issuance.
ARTICLE 16: In accordance with tariffs annexed to this Resolution,
the registrations and entries performed, as well as the certificates issued,
shall be subject to payment of fees to the Registry unless directed otherwise
by the relevant authority.
FIRST: The Director of the National Office of Free Zones is empowered to issue any complementary provisions for the better implementation of these Regulations.
SECOND: On the basis of the experience gathered in the course of a year counted from the date of approval of these Regulations, they shall be taken under analysis and if expedient the pertinent modifications shall be made so that the Registry can function more adequately.
THIRD: Let it be published in the Gaceta Oficial de la
Rep£blica so that it can be of public knowledge.
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
Ibrahim Ferradaz García
Minister of Foreign Investment and Economic Cooperation
ANNEX TO RESOLUTION No. /96
LIST OFF FEES
In freely convertible currency, in accordance with the official
exchange rates of the National Bank of Cuba:
Grantees' registration ......................................
Operators' registration ..................................... USD 600.00
Other entries or registrations .............................. USD 200.00
Modifications, substitutions or repeals ..................................................... USD 100.00
Literal certificate of a registration entry or concerning certain aspects of a registration ........................... USD 50.00
Negative certificate ........................................