(A CubaNews translation by Robert Sandels, March 2, 2005.)
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Republic of Cuba 

Ministry of Tourism

 

RESOLUTION No. 10 of 2005

 

WHEREAS: This resolution is promulgated by the Minister of Tourism, appointed by decision of the Council of State on 11 February 2004.

 

WHEREAS: Agreement 2817 of the Executive Committee of the Council of Ministers on 25 November 1994 authorizes unit heads of the Central Administration of the State, in conformity with clause 4 of section 3: to order, within the limits of their authority and jurisdiction, decrees, instructions, and other dispositions of an obligatory character for the units they direct and their dependencies.

 

WHEREAS: “Regulations Concerning Relations with Foreign Personnel in the Tourism System,” in effect since 1990, establish the basis for governing relations between foreign personnel and Cuban personnel who work in the Tourism System in any job category.

 

WHEREAS: Due to the current circumstance, it has become necessary to make adjustments and to devise a new set of regulations to govern relations with foreign personnel in the System consistent with the ethical, moral, and professional principles that characterize our society in keeping with the new exigencies in the System and the changes that have occurred within it.

 

THEREFORE: In the exercise of the authority legally conferred upon me,

 

IT IS RESOLVED:

 

FIRST: To approve the “Regulations Concerning Relations with Foreign Personnel in the Tourism System.”

 

SECTION ONE

 

On the relations of Cuban personnel with foreign personnel in the tourism sector.

 

ARTICLE 1: Tourism workers in their relations with foreigners while meeting outside the country shall limit those relations to those that are strictly necessary, and should keep in mind the following ethical, moral, and professional principles:

 

Maintain conduct based on loyalty to the nation, respect for the Constitution of the Republic, socialist legality, and government policy.

 

Practice austerity, refrain from seeking power and making unauthorized use of resources placed at their disposition.

 

Always place social interest above any personal interest.

 

Practice modesty and straightforwardness and maintain a personal and family lifestyle deserving of respect and confidence both in work and in social settings.

 

Maintain permanent vigilance against all acts or attitudes damaging to the interests of the State.

 

Communicate immediately to the proper authorities any illicit activities or actions that could undermine the dignity, security, and principles of our Revolution.

 

Reject any offers such as: remunerations, gifts, contributions, lodging, or attentions that undermine dignity and respect and create compromising situations foreign to the healthy spirit of collaboration that should characterize relations between the parties. Gifts should always be turned over to the director of the unit, who will determine their disposition and put in writing the decision taken.

 

Avoid manifestations of individualistic, negligent, or irresponsible practices that undermine the socioeconomic objectives of the work being undertaken.

 

Be discrete and rational in the use and transmission of information at their disposal, as well as assuring the protection of official classified information they may have.

 

Abstain from disseminating, propagating, or expressing opinions that might be detrimental to the nation’s prestige, Cuban institutions, work collectives, or fellow workers.

 

Reject any efforts, direct or indirect, with partners, collaborators, clients, or any foreign personnel that are aimed at deriving personal benefits or benefits for family members or friends, such as scholarships for study, participation in events, or invitations for trips abroad, unless they have been expressly authorized by the competent authorities.

 

Reject any invitation of a personal nature for one’s own benefit, for the benefit of family members or friends, offered by partners, collaborators, clients, providers, foreign government officials, diplomats, or any other foreign personnel with whom one has established ties as a consequence of carrying out one’s professional or work duties.

 

Negotiations undertaken shall always have possible associates identified.

 

SECTION TWO

 

On the conduct of work relations and professional practice.

 

ARTICLE 2: Conduct maintained in professional and work relationships must comply with the following norms:

 

During the process of negotiation or collaboration, to acquire the requisite information on the persons and legal entities interested in doing business or collaborating in Cuba.

 

To cultivate relationships in a climate favorable to everyone’s responsibilities, with seriousness and mutual respect.

 

To carry out assigned tasks with due efficiency and fulfill the established terms guaranteeing compliance with applicable laws.

 

To show discretion, professionalism, aptitude, and an incorruptible ethical conduct.

 

To foster decision-making in a manner that insures reaching the objectives set forth in the negotiation or collaboration.

 

To be careful and scrupulously truthful in the reports submitted concerning ones’ work and the work of others.

 

To fulfill agreements in the various types of contracts according to the specific case and demand fulfillment of the corresponding obligations of one’s counterpart.

 

To advise those who receive services and counsel the best solution in conformity with the law and the interests they represent.

 

To insure that relations between foreign personnel and the directors, officials, and workers in the tourism system are directly related to specific objectives, according to the interests of the unit in which they work.

 

To inform the immediate supervisor within 72 hours of any contact intended to establish relations with the worker or the worker’s family that are not in accordance with the worker’s responsibilities or that might undermine their revolutionary prestige and morale, even though the contact might be presented under the veil of friendly and professional relations or for the exchange of information.

 

As a rule, negotiations or working meetings shall be held in places designated for them by the ministry and its units.  Visits to workplaces of the foreign entities must have prior evaluation of their usefulness.

 

To refrain from encouraging or accepting the backing of foreign firms to develop activities that have to do with anniversaries or year-end celebrations, or promote or accept the sponsorship of firms, campaigns for the public good, among other things. All business meetings with foreigners, whenever possible, are to be held in the presence of a witness, not alone, except in those cases where in a foreign country it is not possible to be accompanied by an official of the Sector of the Cuban diplomatic mission.

 

SECTION THREE

 

On the conduct of negotiations or establishment of a collaboration.

 

ARTICLE 3: Negotiations must have clearly defined objectives, and shall be governed by the following guidelines:

 

Achieve during the negotiating process or establishment of collaboration, results in keeping with the interests and needs of the country.

 

Demonstrate in business a command of the techniques and skills of negotiation, and a high level of technical and social education.

 

Insure that in the negotiating process, the political, economic, and social features of Cuba take precedence

 

Refuse gifts or invitations that could compromise the negotiation process.

 

Reject participation in trips abroad offered by a foreign party during the course of negotiations.

 

Refrain in the process of negotiations from holding celebrations in hotels or other facilities where payment is the responsibility of the foreign party.

 

SECTION FOUR

 

On the requirements for participation in activities, events, or other forms of social relations in Cuba.

 

ARTICLE 4: Invitations to meals or other festive or social occasions are to be accepted only when they relate to the work at hand, and they shall require prior approval by the proper authorities. Attendance at a meal or other social event not related to one’s specific job is acceptable when it is judged to contribute to establishing a satisfactory work climate among the parties, or for other reasons deemed by the authorities charged with giving approval as contributing to the development of the institution in question.

 

ARTICLE 5: When considered necessary for reasons of convenience in negotiations or collaboration, it is preferable that the Cuban parties extend the invitation in a framework of gravity and rationality and that the meeting take place in a state facility, preferably of the tourism system, with participation by the fewest number of Cubans.

 

ARTICLE 6: There should be prior consultation and approval before participation in activates that as an expression of friendship are organized by foreigners in embassies, residences, or other places of a public or private character, as well as personal invitations to foreigners to visit the houses of Cuban officials and directors.

 

ARTICLE 7: In all these cases, authorization shall be in writing and shall be the responsibility of:

 

The minister, the vice minister, heads of upper level in the System of this ministry, delegates of the minister, directors of the ministry and any other official when the matter has to do with activities in embassies or residences of representatives of the diplomatic corps.

 

The vice ministers, the directors, officials, and workers of the departments and units under their supervision.

 

Heads of the upper levels of the management of the System of the Ministry of Tourism, directors, officials, and workers of the central office and other directly subordinate staff.

 

The delegates of the minister, the principal directors and officials of tourism located around the country.

 

ARTICLE 8:

 

Attendance of family members (spouses, children, and others) at receptions, meals, or other activities sponsored by foreigners, is prohibited. By exception, and only in cases that are strictly necessary, family members may attend with prior approval from the corresponding responsible authorities.

 

SECTION FOUR

 

On relations with the diplomatic Corps or other foreign government officials.

 

ARTICLE 9: Relations with representatives of the diplomatic corps accredited to the country or officials of foreign governments shall be governed by the arrangements established by the Ministry of Foreign Relations of Cuba.

 

SECTION SIX

 

On receptions or meals abroad.

 

ARTICLE 10: Receptions or meals that are necessary to provide, sponsor, organize, or promote abroad by comrades who temporarily leave the country in fulfillment of certain activities, and that are approved in the promotional plans of the entities, shall have prior authorization in writing from the ministry. In unforeseen cases, they shall be authorized by the head of the delegation, in consultation with our embassy in said country.

 

SECTION SEVEN

 

On donations

 

ARTICLE 11: Neither the directorate nor the units belonging to the System of the Ministry of Tourism shall accept donations to cover their needs, and must comply with the regulations established by the Ministry of Foreign Investment and Economic Collaboration that govern the matter. When a foreigner expresses interest in making a donation, the priorities established by the country should be explained, and the donor should be advised that any voluntary contribution be made to the health and education systems.

 

 

ARTICULO 12: Exceptions are to be processed by the Minister of Tourism before the Ministry of Foreign Investment and Economic Collaboration.

 

SECTION EIGHT

 

Gifts

 

ARTICLE 13: All workers belonging to the System of the Ministry of Tourism who work independently in their occupational category shall declare in writing to their immediate superior any gift of money they receive from a foreigner with whom they have ties due to their work.

 

 

ARTICLE 14: The levels of approval and the determination of how to dispose of gifts received are the same as those that authorize participation in activities.

 

 

ARTICLE 15: Gifts of electronic and video devices are for common use within the ministry.

 

ARTICULO 16: Acceptance of money in cash or other instrument of payment such as checks or credit cards to facilitate the extraction of money or to further any kind of transaction is prohibited.

 

ARTICLE 17: By exception, when it is convenient to offer some gift to a foreigner in our country or abroad by some director or official, it should be approved by the minister.  In all cases, gifts should be modest, except for those approved in the plan for the promotion of the entity.  

 

SECTION NINE

 

Invitation or congratulations for representatives of the Diplomatic Corps

 

ARTICLE 18: When it is necessary to invite representatives of the diplomatic corps to commemorative activities or other celebrations or activities fitting for the unit or institution, the vice minister of International Relations shall be consulted for authorization of the invitation.  These invitations must be handled by the Protocol Section of the Ministry of Foreign Relations.

 

ARTICLE 19: When it is decided to send congratulations to the representatives of the diplomatic corps for end-of-the year celebrations or commemorative national dates of the countries with which Cuba maintains diplomatic relations or friendship, the vice minister of International Relations shall be consulted for authorization and the matter processed by the Protocol Section of the Ministry of Foreign Relations.

 

SECTION TEN

 

On the use of vehicles.

 

ARTICLE 20: No director or official may use in their work or personal activities any vehicles rented or purchased by foreigners.

 

Nor may administrative vehicles assigned permanently to foreigners be loaned out, and in all cases their use shall be exceptional and they shall always be driven by a national.

 

ARTICLE 21: As a courtesy to official delegations invited by the Ministry of Tourism and/or by a dependency of the System, protocol autos properly marked shall be used, or in their absence, a car rental service may be used when the transfer of members of the delegation is included in the package of services that are to be offered on our part.

 

ARTICLE 22: In the case of transporting diplomatic personnel to Cuban tourist destinations, there shall be prior coordination with the Ministry of Tourism and the relevant agencies; the Cuban official who acts as host shall not use an auto with diplomatic plates, but should use the autos of the System of the Ministry of Tourism.

 

SECOND: The “Regulations Concerning Relations with Foreign Personnel in the Tourism System,” in force today in the System of the Ministry of Tourism is hereby rescinded in all its parts and content.

 

THIRD: The “Regulations Concerning Relations with Foreign Personnel in the Tourism System,” which by the present order is put into practice, is applicable for all workers of the System of the Ministry of Tourism.

 

FOURTH: The Vice Minister of International Relations of this ministry is charged with the enforcement of the regulations herein set forth; being authorized to issue any instructions that may be required for their proper application.

 

FIFTH; The present Resolution shall take effect 30 days after the date of its signing.

 

The present Resolution shall be transmitted to the Executive Council of the Ministry of Tourism, the delegates of the minister in the Territories, heads of the ministry’s units, and to the persons and agencies who are to be acquainted with the same, filing the original with the Juridical Department of this ministry.

 

Given in the City of Havana, on the 19th day of the month of January, in the year 2005, "Year of the Bolivarian Alternative for the Americas.”

 

Manuel Marrero Cruz

 

Minister of Tourism

 

 

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