The Columbus Dispatch

Cuba unleashes private business

But owners concerned about rivers of red tape

- Andrea Rodríguez

HAVANA – Opening a small business is a bureaucrat­ic headache in many parts of the world. In Cuba, it’s an adventure in largely unknown territory.

Most sorts of private businesses have been banned for more than 50 years, even if hundreds of thousands of Cubans in recent years have taken advantage of reforms that opened up cracks for small private enterprise in the once-solid wall of the state-dominated socialist economy.

Now, after five years of waiting, a new legal system takes effect Monday that could expand the scope of private businesses, and give them greater legal certainty in efforts to help an economy in crisis.

Cautious or enthusiast­ic, business executives are concerned about an inefficient credit system, the requiremen­t to have U.S. dollars that the state does not sell and limitation­s on hiring profession­al services.

“Knowing that I can have a company, a business in Cuba, in my country, invest, take risks in the markets and that this is supported by law … is peace of mind for me,” said Carlos Gómez, 35, owner of the audiovisua­l production company Wajiros Films.

The company has made at least 35 films since its opening in 2017, short, long and internatio­nal co-production­s, all under the label of “artistic creation collective” but without a legal status. That carries negative consequenc­es such as the impossibil­ity of having bank accounts, the lack of distinctio­n between business and family assets, and the impossibil­ity of importing equipment.

At the end of August, Cuban authoritie­s published in the Official Gazette about 20 norms that allow and regulate small and medium-sized enterprise­s (SMES), which were eliminated in 1968 in a revolution­ary offensive against the last vestiges of private property.

At that time, warehouses, bars or repair

shops were closed or absorbed by the state, which struggled to manage those businesses efficiently.

But the government legalized a tightly limited, but legal, form of self-employment in the early 1990s to cope with the crisis caused by the collapse of Soviet aid. It taxed and squeezed, but never eliminated the sector.

Cuban leaders had always been uneasy with private economic activity, previously describing it as an evil that was necessary to provide jobs and services that the state could not during hard times.

The government had also complained about inequality associated with self-employment, since a private worker could earn much more than a state worker.

But as of 2010, former President Raúl Castro recognized the lack of productivi­ty and slightly opened the economy to individual initiative. Some businesses ended up having more than 50 employees despite the fact that they were officially “self-employed.”

In 2019, before the pandemic and the effects of the U.S. sanctions that suffocated the economy, there were about 600,000 “self-employed” workers, most of them linked to the tourism market.

“One was tied to a ‘self-employment’ license that had many limitation­s. With the legalizati­on (of SMES), new possibilit­ies and perspectiv­es are opened. Among these is the recognitio­n of several partners in a business and legal status,“said Lauren Fajardo, designer and co-owner of Dador, a clothing workshop created by her and two friends that employed about 10 people. Like hundreds of other initiative­s, the business has been paralyzed by the pandemic.

The new regulation­s establish that SMES – a mandatory status for companies with more than three workers – will be “limited liability” companies that must be approved by the Ministry of the Economy.

They may have up to 100 employees and they will be allowed all activities except those that the State reserves as strategic: education, health, defense, waste management and mining, among others.

There will be limitation­s on profession­al services. The establishm­ent of companies of this type or their independen­t exercise is not allowed, so architects, engineers or lawyers are not authorized to set up law firms but they can be employed as staff of SMES.

“The positive thing about these rules is that they arrived… I think it is time to think about how to take advantage of it and that these really contribute to the growth of the country,” economist Omar Everleny Pérez said.

Experts and businessme­n had asked for the laws for more than five years. They were published in the midst of a crisis with an 11% drop in GDP in 2020, a shortage of basic goods and a growth of the black market. Social tension reached such a point that in July there were unusual and massive protests on the island.

Now that they have laws, entreprene­urs have begun to evaluate their impact. The AP spoke with more than a dozen of them and some chose not to give their names to fully analyze their concerns.

One of the questions among those who have establishe­d businesses is how the capital or machinery will be certified, since many were acquired irregularl­y or rescued from abandoned state workshops.

Many wonder how the credit system in Cuban pesos will operate if raw materials are acquired in dollars, or how goods such as vehicles that the state does not offer or allow to bring from abroad will be obtained, or whether employees will be able to have unions.

A cause for concern is that the law allows for Cuban citizens and permanent residents in the country to open limited liability companies, or LLCS. But it excludes emigrants who in many cases are the true owners of enterprise­s that are already operating, or owners of the capital necessary to form an SME.

In addition, the authoritie­s reported that what will open on Monday is a “call” to register LLCS and cooperativ­es but by sectors, starting with those in food production or with a technologi­cal base. Many entreprene­urs wonder how long they will have to wait for an appointmen­t if they are outside the areas considered key by the government, despite the fact that their initiative­s will generate jobs.

“People are seeking to understand, understand the context and above all to find opportunit­ies to promote projects,” said Oniel Díaz, co-founder of the Auge consultanc­y.

 ?? RAMON ESPINOSA/AP ?? Most private businesses in Cuba, including an audiovisua­l production company owned by Carlos Gómez, have been banned for decades.
RAMON ESPINOSA/AP Most private businesses in Cuba, including an audiovisua­l production company owned by Carlos Gómez, have been banned for decades.

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