Starlink's Potential Legal Pitfalls in Cuba: A Closer Look at U.S. Laws

The Cuban government's latest allegations against SpaceX's satellite internet service, Starlink, highlight claims of illegal operations on the island, suggesting potential violations of four key U.S. laws and international regulations. This warning was shared on Monday via the official Facebook page of the Unidad Presupuestada Técnica de Control del Espectro Radioeléctrico (UPTCERCuba), a state entity under the Ministry of Communications. The post accused Starlink of acting as a "digital outlaw" by bypassing both U.S. legislation and international telecom norms.

Under the provocative headline “Starlink in Cuba: Breaking Laws or Breaking Barriers?”, the Cuban entity questions the perceived double standards, pointing out that while some hail the service as a digital lifeline, the United States seemingly allows SpaceX to flout its own laws. The post rhetorically asks, "Do the laws apply only to some?"

Four U.S. Laws Allegedly Breached by Starlink

The Cuban regime identifies four American laws that Starlink's operations might be infringing upon if they proceed in Cuba:

1. Cuban Assets Control Regulations (CACR)
These regulations prohibit financial transactions with Cuba without authorization from the Office of Foreign Assets Control (OFAC). UPTCERCuba accuses Starlink of charging Cuban users through intermediaries in third countries, which they argue is a form of covert financial evasion.

2. Helms-Burton Act (1996)
This law penalizes the use of properties confiscated from U.S. citizens without compensation. The Cuban government warns that installing a Starlink terminal in any nationalized property post-1959 could expose SpaceX to significant lawsuits under this act.

3. Export Control Reform Act (2018)
Starlink terminals are classified as dual-use technology—civil and military—requiring a specific export license from the U.S. government. Cuban authorities assert that no such valid permits exist for these devices to operate in Cuba, directly violating this law.

4. International Telecommunication Union (ITU) Regulations
ITU rules require explicit authorization from the country where the radio spectrum is to be used. According to the statement, Starlink lacks this approval in Cuba, making its operations illegal under current international law.

Controversy and Consequences

The Cuban government's statement also highlights what it perceives as a U.S. double standard, noting that while banks face hefty penalties for minor transactions with Cuba, such as sending $50, SpaceX introduces high-value technology without facing any legal repercussions. "The internet is a right, but laws exist for a reason," the post asserts, concluding with several pointed questions: "Where is the limit? Breaking international order? Validating extraterritoriality? Creating dangerous precedents?"

This narrative reinforces the regime's stance on the necessity to regulate foreign technologies operating beyond state oversight, as Starlink gains attention in Cuba as an alternative connection route to the state-controlled monopoly, ETECSA.

In a related incident last April, the Cuban government issued a stern warning against using Starlink satellite internet antennas, following the seizure of about twenty such devices at Havana's José Martí International Airport. These gadgets, originating from the United States and listed on Revolico for up to $2,000, were deemed a threat to the sovereignty of the radio spectrum and a violation of existing national laws.

Consequently, the government has launched a campaign against these devices, which enable internet access beyond the tight control of the ETECSA monopoly. For example, the General Customs has repeatedly detected and confiscated several of these satellite devices, boasting about these operations on social media.