On February 25, the Cuban government announced new regulations for e-commerce involving foreign currency payments from abroad. Published in the Extraordinary Official Gazette No. 32 as Agreement 10216/2025, these regulations aim to oversee transactions conducted in or from outside Cuba.
While the regulations were officially approved on August 27, 2025, they will only take effect 60 days after their publication. This legal framework applies to individuals, small and medium-sized enterprises (SMEs), self-employed workers, legal entities, and operators of tech platforms managing sales to Cuba with payments in dollars or other foreign currencies.
Enhanced Oversight by Cuba's Central Bank
The Central Bank of Cuba (BCC) is granted significant authority under this Agreement. It is designated as the entity responsible for authorizing who can receive payments from abroad and setting the standards for international payment gateways.
One of the most notable requirements is that revenue from e-commerce must be primarily directed to accounts in Cuban banks or external financial mechanisms linked to the country. Foreign currency transactions are not allowed to occur independently of the national banking system. Additionally, taxes associated with these transactions must be paid in foreign currency, not in Cuban pesos (CUP).
New Responsibilities for Platforms and Sellers
Sellers engaged in this sector are subject to additional requirements. They must register or update their activities with the Central Commercial Registry, register their platforms with the Ministry of Communications, and comply with tax regulations set by the National Tax Administration Office (ONAT).
Furthermore, they are required to ensure consumer protection, adhere to current cybersecurity regulations, and provide official statistical information to authorities.
A crucial aspect of the regulation is the ban on selling goods to foreign entities for subsequent resale to beneficiaries in Cuba using e-commerce with payments from abroad. This rule could affect business models based on external sales and domestic delivery.
Implementation Timeline and Potential Legal Challenges
The Agreement will become effective 60 days following its publication in the Official Gazette. Those already operating will have an additional 30 days to comply once the Central Bank of Cuba issues supplementary provisions.
Practically, the regulation doesn't introduce e-commerce in foreign currency—a practice already in place—but it formalizes it under a tighter financial and fiscal oversight framework.
The mandatory flow of foreign currency through the Cuban banking system and the BCC's prior authorization signify a regulatory shift for this sector.
For platforms operating from the United States, the Agreement could pose legal challenges. The U.S. Office of Foreign Assets Control (OFAC) prohibits individuals and companies under U.S. jurisdiction from conducting transactions that would benefit the Cuban government or its entities.
Since the Central Bank of Cuba is a state institution, the requirement to route income through Cuban banks could be viewed as a financial operation directly involving the government apparatus.
In the current climate of heightened U.S. sanctions, American-based companies may face a legal dilemma: comply with Havana's demands or risk violating U.S. federal regulations.
The real impact of this measure will depend on how the BCC's supplementary regulations are implemented and the adaptability of platforms handling payments from abroad.
Understanding the New E-commerce Regulations in Cuba
What are the main objectives of Cuba's new e-commerce regulations?
The primary goal of the new regulations is to formalize and supervise e-commerce transactions involving foreign currency, ensuring that revenue is directed through Cuban banks and that all transactions comply with national financial and fiscal standards.
How will these regulations affect U.S.-based businesses?
U.S.-based businesses could face legal hurdles due to OFAC regulations prohibiting transactions benefiting the Cuban government. Complying with the new Cuban regulations might conflict with U.S. federal law, placing these companies in a challenging position.
What are the compliance requirements for e-commerce platforms under the new Cuban regulations?
Platforms must register with the Cuban authorities, ensure consumer protection, adhere to cybersecurity laws, and provide statistical information to the government. They are also required to pay taxes in foreign currency and manage transactions through the Cuban banking system.