The Cuban government has announced significant updates to its legal framework governing agricultural cooperatives. This Friday, the Council of State released the revised and consolidated text of Decree-Law 76, titled "On Agricultural Cooperatives," outlining the general legal structure for these entities' operation and organization within Cuba.
Published in the Special Edition No. 13 of the Official Gazette in 2026, the new regulation allows cooperatives to directly export their products under current legislation and accept foreign investments.
These changes come as a response to the mandate outlined in the Final Provision Two of Decree-Law 121, which was approved on July 16, 2026, and published in the Ordinary Gazette No. 75 on September 9, 2026. This provision necessitated the update and alignment of the original text of Decree-Law 76, initially issued on September 18, 2023.
The revised decree has introduced amendments to 29 articles concerning the agricultural cooperatives' regime and abolished Article 31 from the previous text. These modifications are part of a broader package of 176 economic and social transformation measures ratified by the National Assembly in June 2026.
Key Features of the New Legal Framework
The primary aim of the new law, as stated in its first article, is to "establish the general legal framework regulating the organization, formation, operation, integration, division, merger, dissolution, and extinction of agricultural cooperatives."
Decree-Law 76 recognizes three main types of agricultural cooperatives: Credit and Services Cooperative (CCS), Agricultural Production Cooperative (CPA), and Basic Unit of Cooperative Production (UBPC).
Among the guiding principles of these cooperatives are voluntariness, democratic control, autonomy, economic participation, education, cooperation, and social responsibility.
Agricultural cooperatives are defined as "a voluntary association of individuals aimed at meeting the economic, social, and cultural needs of its members, as well as social interests, with a joint ownership business management model based on the cooperative members' work."
Significant Provisions and Opportunities
The decree grants these entities legal personality and their own assets, enabling them to directly export their products in compliance with existing laws.
One of the most impactful provisions, altered by Decree-Law 121/2026, allows cooperatives to "be direct subjects of foreign investment in the modalities of joint ventures or international economic association contracts," subject to approval by their General Assembly.
This regulation also empowers cooperatives to partner with state entities and non-state management forms in Cuba, as well as to integrate among themselves to form second-degree cooperatives.
Decree-Law 76 replaces Decree-Law 365 "On Agricultural Cooperatives" from October 22, 2018, and its regulation, Decree 354 from December 18, 2018. The experience gathered from applying these previous laws, coupled with transformations in the agricultural and forestry sectors, prompted the legal update.
The law acknowledges the cooperative sector as "an essential actor in national and territorial development," especially considering various sources estimate that between 80% and 90% of the food produced in Cuba comes from these management forms.
Understanding the New Legal Framework for Cuban Cooperatives
What are the main changes introduced by Decree-Law 76 for Cuban cooperatives?
Decree-Law 76 introduces direct export capabilities, allows foreign investment, and recognizes three types of cooperatives. It also revises 29 articles and eliminates one from previous legislations.
How can cooperatives in Cuba benefit from foreign investment under the new law?
Cuban cooperatives can engage in foreign investment through joint ventures or international economic association contracts, provided they receive approval from their General Assembly.
What is the significance of the cooperative sector in Cuba's economy?
The cooperative sector is crucial, producing up to 90% of Cuba's food supply, making it a vital component of national and territorial development.