New Law Governs the Process of Renouncing Cuban Citizenship

This Tuesday, Cuba's Official Gazette unveiled the "Law of Citizenship" (Law 172/2024), which, for the first time, outlines the process for individuals to renounce their Cuban citizenship. However, the final decision remains with the state rather than the applicant.

These newly formulated laws concerning Migration, Citizenship, and Foreign Affairs were sanctioned by the National Assembly on July 19, 2024, but were not published until almost two years later. They are set to take effect 180 days post-publication, approximately around November 2026.

Steps and Conditions for Renunciation

To qualify for renunciation, a citizen must meet five criteria simultaneously: be over 18 years old, reside abroad, have proof of another citizenship, owe no debts to the Cuban state, and not be under a criminal sentence or prosecution.

The renunciation request must be submitted to the Cuban consulate in the applicant's country of residence, accompanied by a notarized affidavit, foreign citizenship certification, proof of residence, and criminal record certificates from both Cuba and the host country.

State Approval: A Critical Requirement

A pivotal aspect is that the renunciation becomes valid only once formally approved by the state. As outlined in Article 50 of the law, "the renunciation of Cuban citizenship must be accepted by the competent authority, which will issue the relevant declaration."

Until this approval is granted, the individual remains a Cuban citizen in all legal respects. The President of the Republic authorizes the renunciation if the citizenship was initially granted by presidential decree; otherwise, the Minister of the Interior handles the matter.

Uncertain Timelines and Discretionary Power

The law does not specify deadlines for decision-making or establish objective criteria for approving requests, granting significant discretionary power to the regime. Colonel Mario Méndez Mayedo, head of the Directorate of Identification, Immigration, and Foreign Affairs at MININT, indicated in June 2024 that there is "no intention not to approve a renunciation," but emphasized that "the Cuban state must accept the renunciation."

Once renunciation is approved, the individual is considered a foreigner and must enter Cuba with a foreign passport, visa, and appropriate travel documents.

Impact on Dual Nationals

The law introduces the concept of "effective citizenship": Cubans with dual nationality must use their Cuban citizenship while on Cuban soil. According to Article 15, any actions conducted by Cuban citizens using another nationality to have effects within the national territory are null and void.

Using a foreign nationality when entering or exiting Cuba can lead to fines ranging from 300 to 500 quotas.

Loss and Recovery of Citizenship

The law also governs the deprivation of citizenship, which the President can decree if an individual engages in "acts contrary to the high political, economic, and social interests of the Republic of Cuba" from abroad—a broadly defined clause that has sparked criticism. In situations deemed a "grave threat" to national security, citizenship can be summarily revoked without following ordinary procedures.

Citizenship can be restored once, up to five years following renunciation, loss, or deprivation, and requires new state approval.

The Cuban diaspora, estimated at over two million, has long sought the right to visit Cuba as foreigners without being subject to Cuban legal jurisdiction. While the new legislation formally acknowledges this right, it is enmeshed in a process devoid of defined timelines or resolution guarantees, thus maintaining political control over who ceases to be a Cuban citizen.