Cuban Supreme Court Issues New Rulings on Asset Forfeiture and International Criminal Assistance

The People's Supreme Court (TSP) of Cuba announced on Monday the release of three new legally binding rulings for all courts across the nation. These rulings address issues related to asset forfeiture and international criminal cooperation, as detailed on the court's official website.

Rulings 477 and 478 were published in the Ordinary Official Gazette No. 38, while Directive 290/26 appeared in the Extraordinary Official Gazette No. 58, both dated May 4, 2026. These documents were approved during a special session of the TSP's Governing Council held on April 28, presided over by Oscar Manuel Silvera Martínez, who took office in February 2026, succeeding Rubén Remigio Ferro.

Asset Sharing in International Cooperation: Ruling 477

Ruling 477 responds to an inquiry by the Attorney General regarding whether the distribution of confiscated assets is covered under international criminal assistance acts as regulated by the Criminal Procedure Law.

The TSP clarified that Article 742.1 of Law 143, "On Criminal Procedure," encompasses the sharing of seized assets as an act of international criminal assistance, thereby addressing a legal gap not explicitly covered by the existing law.

This ruling defines asset sharing as "the act by which one State transfers or distributes to another State, wholly or partially, the confiscated assets or their proceeds, in recognition of their involvement in the investigation or the ownership of the injured interest."

The decision is grounded in four UN conventions—against narcotics trafficking (1988), to suppress the financing of terrorism (1999), against transnational organized crime (2000), and against corruption (2003)—as well as Recommendation 38 of the Financial Action Task Force (FATF).

Ruling 478: Equivalent Asset Forfeiture

Ruling 478 establishes that when direct forfeiture of the effects or profits of a crime is unfeasible, the secondary sanction of forfeiture may be applied to other assets of the accused to cover the equivalent value of the illicit gain obtained.

The ruling acknowledges that "in many cases, the effects or profits directly derived from the crime cannot be located or seized due to their concealment, transformation, transfer, or integration into the offender's assets."

This mechanism, known internationally as equivalent value forfeiture, strengthens the pursuit of criminal assets and aligns with FATF standards.

Directive 290/26: Asset Valuation by Custodian Entities

Directive 290/26 mandates custodian entities that receive movable assets subject to preventive seizure, confiscation, or forfeiture to conduct a valuation in national currency and provide it to the institution in charge of the process or the criminal investigation authority.

These rulings are part of the ongoing update of Cuba's judicial system initiated with the 2019 Constitution and the subsequent enactment of Law 140 "On Courts of Justice" and Law 143 "On Criminal Procedure," both in October 2021.

The appointment of Silvera Martínez was proposed by President Miguel Díaz-Canel and approved by the National Assembly. The new rulings represent one of the first significant normative actions of the court under its new leadership.

In November 2024, Cuba completed its Mutual Evaluation Report for the IV Round of GAFILAT—being the first country evaluated under the organization's new methodology. The findings highlighted asset recovery as the second regional priority and identified low seizure volumes and gaps in the administration of seized assets as major deficiencies in this area.