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COUNCIL OF STATE
______

RAÚL CASTRO RUZ, President of the Council of State of the Republic of Cuba.

LETS IT BE KNOWN: That the Council of State has considered the following:


WHEREAS: The time elapsed since the entry into force of Law No. 1312 "Migration Law" of September 20, 1976, and the experience gained in its implementation, advise refining these regulations, in order to ensure that migration continues to run legally, orderly and safe.


WHEREAS: The Government of the United States of America, which maintains a genocidal and illegal economic, commercial and financial blockade against our country has historically used its immigration policy to Cuba for purposes of hostility, subversion and destabilization, and against the legitimate interests of our own people and the Cuban emigration, and encouraged by means of the Cuban Adjustment Act and the Policy of Wet feet- Dry feet, the illegal and insecure migration which has caused loss of lives, violent criminal acts, the obstruction of
international medical cooperation and the brain theft with political objectives. This requires the establishment, together with more flexible measures, certain regulations which limit the effects of the aforementioned as well as rules aimed at preserving the skilled workforce of the country.


WHEREAS: Recent measures adopted
by the Government concerning the possibility of transmitting their property for those who emigrate permanently from the country, and the need for new concepts in keeping with
the current scenario, advise the repeal of
Law No. 989 of December 5, 1961, that
dictates the nationalization through confiscation for the Cuban State of the assets, rights and actions of those who leave the national territory permanently; considering that its regulations are incorporated into the relevant special legislation.


THEREFORE: The Council of State, in exercise of the powers conferred to it in Subsection c) Article 90 of the Constitution of the Republic resolves to issue the following:

DECREE-LAW NO. 302

AMENDING LAW NO. 1312,
"MIGRATION LAW"

OF 20 SEPTEMBER, 1976

ARTICLE 1. - Articles 1, 2, 3, 9, 13, 14 and 15 of Law No.1312 "Migration Law"
of September 20, 1976, are now amended to read as follows:


"Article 1: To leave or enter the country Cuban citizens should have been issued
to their names named a passport of the Republic of Cuba of any of the following types:
a) Diplomatic.
b) Service.
c) Official.
d) Ordinary.
e) For Seafarers.

Article 2: The foreigners or persons without citizenship, to enter or leave the country, should possess a valid passport or equivalent document issued in their name and their temporary, permanent or real state resident ID- card or person-underage-card or a temporary visa, except if they are citizens of a country that, under an agreement signed by Cuba, are exempt from this requirement, subject to the terms of the said agreement.


Article 3: For purposes related to entering the national territory, foreigners and persons without citizenship are classified as:

a) Visitors: Tourists, transients, transfer or transit passengers and crewpersons.


b) Diplomats: diplomatic or consular agents and their families, as well as UN officials
and other international organizations and their
families, accredited in Cuba in official postings or in transit, as well as representatives or officials of foreign governments in official missions in Cuba.


c) Guests: Leaders of States, Governments and political parties who are visiting Cuba and
members of accompanying delegations,
parliamentarians and other personalities invited by the Cuban State or Government or the Central Committee of the Communist Party of Cuba, and foreigners invited
by Cuban State and Government agencies, entities or institutions and by Cuban social and mass organizations.


ch) Temporary residents: Technicians, scientists and other persons hired to work in Cuba, students or scholarship holders, clerics and religious ministers, artists, athletes, journalists, refugees and political asylum seekers, politicians, representatives and employees of companies, foreign firms or agencies accredited in Cuba and foreign business agents.


d) Permanent residents: Persons admitted to establish their home in Cuba.


e) Real Estate Residents: Foreign individuals who are owners or lessees of property in real estate developments in the national territory and their foreigner family members who live in these properties.


The regulations of this Act define each term of this classification, and the terms and conditions under which foreign citizens and person without citizenship are admitted to the country.


Article 9.1: Ordinary Passports are issued to Cuban citizens living in the country who
require traveling abroad for private affairs
or who are authorized to reside overseas and to
emigrants.


Ordinary Passports are also issued at the request of the Cuban State and Government agencies, entities or institutions and by Cuban political social and mass organizations that require these for reasons of service or compliance with the purpose of their work.


2. It is considered that a Cuban citizen has migrated when traveling abroad for private affairs remains abroad for a period exceeding
24 months without proper authorization,
or when taking residence abroad in violation
of existing immigration regulations.
The Regulations of this Law define the terms for authorizing staying abroad for a term
longer than that stated in the previous paragraph.


Article 13: the Cuban State and Government agencies, entities or institutions and the Cuban political, social and mass organizations that require these for reasons of service or compliance with the purpose of their work file visa applications for foreign nationals and passport applications of the following types for Cuban citizens: diplomatic, service, official, for seafarers and ordinary.
Article 14: Individual persons formulate visa and passport applications for private affairs.


The Regulations of this Law determine the forms and requirements of such applications.


Article 15: The Ministry of Foreign Affairs
or the Ministry of the Interior, as appropriate, resolve applications for visas and passports, in accordance with the provisions in the Regulations of this Law."


ARTICLE 2. - Three articles are added to Law No. 1312 "Immigration Law" of September 20, 1976, which will be numbered 23, 24 and 25, and which are written as follows:


"Article 23: Cuban citizens residing
in the country cannot get an ordinary passport
if they are included in any of the following categories:


a) When subject to criminal proceedings, if properly filed by the relevant authorities.


b) When having to comply with a penal sentence or cautionary measure, except if explicitly authorized by the court.


c) When subject to compliance with military service.


d) When reasons of Defense or National Security so advice.


e) When having obligations with the Cuban State or civil responsibilities, provided these are properly expressly by the relevant authorities.


f) When lacking the proper authorization established under the rules aimed at preserving the qualified workforce for the economic, social and scientific-technical development of the country as well as for the safety
and protection of official information.


g) When they are minors or incapacitated persons that do not have the permission of parents or legal guardians, formalized before a Notary Public.


h) When for other reasons of public interest,
the empowered authorities determine so.


i) When failing to comply with the requirements of the Immigration Law, its Regulations and Supplementary Provisions
in relation to the application for and issuance of passports.


Article 24.1: For the purpose of entry in the national territory it is inadmissible for persons included in any of the following cases:


a) Having a history of terrorist activities, human trafficking, drug trafficking, money laundering, arms dealings or other internationally prosecutable crimes.


b) Being linked to acts against humanity,
human dignity, collective health or acts prosecuted under international treaties to which Cuba is signatory.


c) To organize, promote, conduct or participate in actions
hostile to the political, economic
and social foundations of the Cuban state.


d) When reasons of Defense and National Security so demand.


e) Being banned from entering the country, for having been declared undesirable or expelled.


f) Failing to comply with the provisions of the Immigration Act, its Regulations and Complementary provisions for entry in the country.


2. The immigration authority may turn the persons included in Section 1 of this Article to the relevant authorities, when the action is prosecuted in the national territory in
accordance with the law and international treaties of which Cuba is signatory.

3. The immigration authority may authorize the entry in the country of the persons included in subsections e) and f) of paragraph 1 of this Article, where humanitarian reasons
or state interest so advice.


Article 25: Any person in the country cannot leave the national territory while it is
included in any of the following cases:


a) Being subject to criminal proceedings, provided these have been warranted by the relevant authorities.
b) Having yet to complete a sentence for a crime or cautionary measure, except in cases
explicitly authorized by the court.

c) When subject to compliance with military service.


d) When reasons of Defense or National Security so advice.


e) When having obligations with the Cuban State or civil responsibilities, provided these are properly expressly by the relevant authorities.


f) When lacking the proper authorization established under the rules aimed at preserving the qualified workforce for the economic, social and scientific-technical development of the country as well as for the safety
and protection of official information.


g) When they are minors or incapacitated persons that do not have the permission of parents or legal guardians, formalized before a Notary Public.


h) When for other reasons of public interest,
the empowered authorities determine so.


i) When failing to comply with the requirements of the Immigration Law, its Regulations and Supplementary Provisions
in relation to the application for and issuance of passports.



SPECIAL PROVISION


EXCLUSIVE: Cuban citizens who on the date of the entry into force of this Decree-Law are residing abroad as emigrants or with permits to reside abroad, maintain their immigration status.

TRANSITIONAL PROVISIONS



FIRST: Applications for visas and passports
filed prior to the entry into force of
this Decree-Law, and which have not been resolved, will be processed in accordance with the terms and provisions established in this.



SECOND: The Cuban citizens living in the national territory who hold valid Ordinary Passports issued before the entry into force of
this Law can request their updating at no cost in accordance with the provisions that will be established in this regard.


THIRD: Ordinary passport holders with valid exit permits may leave the country without need for further action, provided they are not included in some of the cases in Article 25 of the Immigration Law, as amended by this Decree-Law.

FINAL PROVISIONS


FIRST: The Council of Ministers instructs that in accordance with the provisions of this Decree-Law, Decree No. 26 "Regulations of the Migration Law" of 19 July 1978, be modified to include the norms designed to preserve the workforce trained for the social, economic and scientific- technical development of the country.

SECOND: It empowers the Ministers of the Interior and of Foreign Affairs to issue, in the context of its remit the necessary regulations for the implementation of the provisions of this Decree-Law.



THIRD: It instructs the publication, in the Official Gazette of the Republic, of Law
No. 1312 "Migration Law" of September 20 1976 with the modifications and adjustments hereby established.



FOURTH: It repeals Law No. 989 of 5th.
December, 1961, which provided for the nationalization by forfeiture in favor of the Cuban State of the property, rights and actions of those who abandon the country permanently, and any other legal provisions that the provisions in the present Decree-Law.



FIFTH: This Decree-Law shall come into force from January 14, 2013.

BE IT PUBLISHED in the Official Gazette of the Republic.



SIGNED in the Palace of the Revolution, in Havana, on October 11th, 2012.

Raul Castro Ruz
President of the Council of State

_________________________________

COUNCIL OF MINISTERS

DECREE No. 305



WHEREAS: Decree-Law number 302 of 11
October 2012, which amends Law No. 1312 "Migration Law", of September 20 1976, defines in its First Final Provision that the Council of Ministers shall, in accordance with the provisions in this Law, make the corresponding modifications to Decree No. 26 "Regulations of the Immigration Law," of July 19, 1978.



THEREFORE: The Council of Ministers in the exercise of the powers conferred to it in Article 98, paragraph k) of the Constitution of the Republic of Cuba, decrees as follows:

AMENDMENT TO DECREE NUMBER 26
"REGULATION OF THE MIGRATION LAW" OF JULY 19, 1978



ARTICLE 1. - Amending articles 4 and 8 of
Section I "Generalities"; articles 21, 23, 24 and 26 of Section IV "About Ordinary passports"; article 37 of Section VI "Certificates of Identity and Travel "; articles 40 and 42 of Section VII "Common Provisions" Chapter I "About Passports "; articles 44 and 45 of Section I" Generalities ";
articles 47, 48, 49 and 50 of Section
II "Entry permits for Cuban citizens"; article 81 of Section VI "About Temporary Residents"; articles 92, 93, 94 and 119 of Section VIII "About Visas for Foreign Passports and Travel Documents", Chapter II "About entries in
the National Territory", all of Decree number
26 of July 19, 1978, "Regulations of the
Migration Law ", that henceforth will be worded as follows:



"Article 4: The Ministry of the Interior
will issue and control Official, Ordinary and Seafarer Passports, and Certificates of

Identity for Travelling.

The Minister of the Interior appoints the officials who can authorize with their signature the issuance of Official, Ordinary and Seafarer Passports, their extension or renewal and the issuance of Certificates of identity for travelling.


Article 8.1: Ordinary passports are issued to
Cuban citizens living in the national territory who require traveling abroad for personal affairs, to those authorized to reside overseas, and to émigrés.


Ordinary Passports are also issued on request by Cuban State and Government agencies, entities or institutions and by Cuban political, social and mass organizations that require these for reasons of service or compliance with the purpose of their work.


2. Ordinary passport applications are made
by Cuban citizens residing in the national territory at the processing offices of the
Ministry of the Interior.

3. Ordinary passport applications of Cuban citizens living abroad are formalized at the diplomatic or consular Cuban offices or other Cuban offices especially authorized for this purpose.


4. Ordinary passport applications of Cuban State and Government agencies, entities or institutions and by Cuban political, social and mass organizations that require these for reasons of service or compliance
with the purpose of their work are submitted to the Dirección de Inmigración y Extranjería by their Departments of International Relations or those designated to perform such task.


Article 21: To make an Ordinary Passport application, Cuban citizens living
in the national territory must meet the following requirements:


a) Produce their ID card or Card of the Minor.


b) If under 18 years of age or incapacitated, submit the notarized authorization from their parents or legal guardians

The acting authority takes the data required
for the full identification of the applicant and verifies that it is not included in any of the cases under Article 23 of the Migration Act in
which case the issuing process starts.


Article 23: The Cuban citizens residing
abroad, making an Ordinary Passport application, must meet the following requirements:


a) submit an application in the official application form.


b) Produce the old passport, birth certificate, certificate of citizenship or equivalent document issued by the relevant authority, as appropriate.


c) If under 18 years of age or incapacitated, submit the notarized authorization from their parents or legal guardians

d) Provide two (2) photos 4 x 4 cm.


e) Provide proof of payment of the consular fee.

The acting authority takes the data required for full identification of the applicant and starts the issuing process.


Article 24: The Ordinary Passports is valid for two years, renewable for the same period to a total of six years. Extensions are requested at the processing offices of the Ministry of the Interior or at the diplomatic, consular or other Cuban offices expressly authorized.


Article 26: The processing offices of the Ministry of the Interior issue the Ordinary Passport to the applicant, legal representative or duly accredited person, upon delivery of proof of payment of corresponding taxes.


When the applicant resides abroad delivery of the Passport is performed through the diplomatic, consular or Cuban office especially authorized.

Article 37: Dirección de Inmigración y Extranjería will hand out the Certificate of Identity for Travelling to interested parties in person or to their legal representatives.


Article 40: Ordinary Passport holders
may apply to the Dirección de Inmigración y Extranjería , to the processing offices of the Ministry of the Interior or to the Cuban
diplomatic or consular representations or other
Cuban authorized offices, as appropriate, the following:


a) Extensions of their authorization to stay abroad for a period exceeding 24 months, when for justified reasons they are unable to return within the originally granted term.


b) Authorizations for residence abroad when they require residing abroad for indefinite periods due to marriage, formalized or not, with foreign citizens or due to other
exceptional and humanitarian family situations

Authorizations to reside abroad can also be given to the parents and underage children of those persons who possess this category of travel.


Article 42: Diplomatic Passport Holders
who receive it under the terms in subparagraph q) of Article 5 of the present Regulation, and Service, Official, Seafarer and Ordinary Passport Holders received for reasons of their service will return these documents
the corresponding office of the agency accountable for their travelling abroad, within a period of 72 hours after their return to the national territory.

Article 44: To enter the national territory
Cuban citizens must possess a valid Cuban passport, issued on their name or an equivalent document. Émigrés must show their passport with the proper habilitation.

Article 45: To enter the national territory
foreigners or persons without citizenship must produce a valid passport issued on their name or an equivalent document, and the entry visa, with the exception of citizens of a country which under an agreement signed by Cuba, are exempt from this visa requirement according to the terms of the said agreement.

In the case of permanent, temporary, or
real estate residents, they must carry a valid passport issued on their name or an equivalent document, and the Foreigner Identity Card or Card of the Foreigner Minor


Article 47.1: The Cuban émigrés may stay up to 90 days in their visits to Cuba.


2. Cuban citizens residing abroad can stay up to 180 days in their visits to Cuba.


3. In both cases, the immigration authorities can extend the term of these visits when appropriate.


Article 48.1: The Cuban émigrés who are
seeking to take up residence in the national territory will request this at the Cuban diplomatic or consular offices, or at the processing offices of the Ministry of the Interior when in Cuba.



2. The Ministry of the Interior establishes the procedures for the processing of the requests mentioned above.


Article 49: The representations and Cuban offices abroad refer the received applications to the Dirección de Inmigración y Extranjería of the Ministry of the Interior, through the Ministry of Foreign Affairs.


Article 50: The Dirección de Inmigración y Extranjería has a term not exceeding 90 days
to respond to the requests referred to in Article 48 of this Regulation and to notify the person concerned.


Article 81: The Ministry of Foreign Affairs
informs the the Dirección de Inmigración y Extranjería when the Council of Ministers, in the exercise of their constitutional powers, grants political asylum to a foreigner or person without citizenship, or when these should
be admitted into the country as refugees,
so that they can be extended the corresponding
visa or Temporary Residence.


Likewise, The Ministry of Foreign Affairs
informs the Dirección de Inmigración y Extranjería to take the necessary steps when the causes no longer exist which led to the granting of political asylum or admission as refugees of foreigners or persons without citizenship.


Article 92: Foreign individuals owning
or renting houses in real estate complexes
in the country and their foreign relatives who reside in such complexes are classified as Real Estate Residents.


Article 93: Foreigners classified as Real Estate Residents shall be admitted in
Cuba for a term of one year, renewable for further terms of the same extension.

Article 94.1: The visa in a passport or equivalent document is valid for a single trip and during the effective time authorized, provided it is used to enter the country within a period of three months from the date of issuance, renewable for an equal period.


The time authorized in the visa to remain
in the country, may not exceed the period provided for each visa, nor the validity of the passport or equivalent travel document.


2. According to the categories of foreign citizens who apply, visas are classified as:
a) Guest.
b) Diplomatic.
c) Official.
d) Temporary Resident.
e) Permanent Resident.
f) Real Estate Resident.
The Ministers of the Interior and of Foreign Affairs are authorized to establish sub classifications of the visas which granting is entrusted to them by the present Regulations.


Article 119: Officials appointed by the
Minister for Tourism will formulate the application for admission of foreigners or persons without citizenship who are
owners or tenants of housing complexes, and their foreign relatives who require it for their stay in Cuba.

The Ministry of Tourism shall inform the Dirección de Inmigración y Extranjería to take the necessary steps when the reasons that determined their admission in Cuba under that classification no longer exist for granting a foreigner or person without citizenship a Real Estate Resident visa"

ARTICLE 2. - The names of Section II "About entry permits for Cuban citizens" and of Section VIII "About visas for foreign passports and travel documents" both in Chapter II "About entry into the national territory" are modified. They will now be Section II "About the entry of Cuban citizens"
and Section VIII "About Real Estate Residents."


ARTICLE 3. - Section IX "About visas" is incorporated to Chapter II "About entry into the national territory" consisting of Articles 94 to 122.

FINAL PROVISIONS



FIRST: Hereby are repealed Articles 22 and 25 of Section IV "About Ordinary Passports" in Chapter I "About Passports"; Articles 51, 52, 53, 54, 55, 56, 57 and 58 of Section II "About Entry Permits for Cuban Citizens " in Chapter II "About entry into the national territory"; Articles 123, 124 and 125 of Section I "Generalities"; Articles 126, 127, 128, 129 and 130 of Section II "About Leaving the country on official business"; Articles 131, 132, 133, 134, 135, 136 and 137 of Section III "About leaving the country for personal affairs"; Articles 138, 139, 140 and 141 of Section IV "Ordinary Provisions"; Articles 150 and 151 of Chapter V "Ordinary Provisions" and the Transitory Provisions First and Second and the Final Provision First, all in the Regulations of the Migration Law.

SECOND: The Ministers of the Interior and of Foreign Affairs are thus authorized to adopt, within their jurisdiction, the legal proceedings required for the implementation of the stipulations in this Decree.
THIRD: Hereby is instructed the publication of this Decree Number 26 "Regulations of the Migration Law" of July 19, 1978, in the Official Gazette of the Republic with the changes and additions
hereby established.

FOURTH: This Decree shall enter into force from January 14, 2013.

BE IT PUBLISHED in the Official Gazette of the Republic.

SIGNED at the Palace of the Revolution in the City of Havana, on the 11th day of October
2012.

Raul Castro Ruz
President of the Council of Ministers
________________


DECREE NO. 306



WHEREAS: Decree-Law number 302 of
October 11, 2012, amending Law No. 1312
of September 20, 1976, "Migration Law"
provides that the Council of Ministers will establish the norms aimed at preserving the qualified workforce needed for the economic, social and scientific-technical development of the country.


THEREFORE: The Council of Ministers in the exercise of the powers conferred to it in Article 98, paragraph k) of the Constitution of the Republic of Cuba, decrees as follows:

ABOUT THE TREATMENT OF CADRES,
PROFESSIONALS AND ATHLETES WHO
REQUIRE AUTHORIZATION TO TRAVEL ABROAD



ARTICLE 1. - Are subject to the treatment regulated by this Decree the persons in the following categories:


a) Cadres categorized as senior executives in the central management of the institutions, national agencies, bodies, administrative councils as well as senior directors and executives who work in activities considered vital for the economic, social, scientific and technical development of the country and in decision-making positions related to the
financial and material resources;


b) higher education graduates who perform
activities vital to the economic, social and scientific-technical development of the country, in strategic programs, research projects and health services;


c) mid-level technicians who perform specialized activities vital to maintain the health services and the scientific-technical activity;


d) high-performance athletes, coaches and trainers vital for the Cuban sports movement.


ARTICLE 2. - The treatment of the subjects referred to in the previous article is as follows: support

a) Those referred to in subparagraphs a), b) and d) can be authorized to travel abroad for particular issues, after the analysis of each case. If the request is to reside abroad, they are authorized in a period not exceeding five calendar years after the date of request. During this term the training of its replacement in the vital activity concerned is carried out appropriately.


b) Those included in subparagraph c) receive a similar treatment as the ones in the previous item. If the request is to reside abroad, they are authorized in a period not exceeding three calendar years after the date of the request.


For all the subjects included in Article 1, the release of links with their work does not exonerate them from compliance with the terms set to receive authorization to reside abroad.


When the empowered authority considers that there are humanitarian reasons, it authorizes the departure of the subjects of this Decree who are included in the aforementioned regulations, without complying with the established terms. In the case of cadres, the specific procedure for this purpose is fulfilled in an expeditious manner.


ARTICLE 3. - The authorization to travel abroad for personal affairs of the individuals included in the categories set out in Article 1, is faculty of the heads of the institutions, bodies, national agencies and entities,
administrative councils and authorized senior business management organizations; hereafter referred to as empowered leaders.

Cadres may be authorized after analysis by Cadre Committees; and for other categories the empowered leader may hear the opinion of the advisory bodies of the corresponding entity.


ARTICLE 4. - The empowered leaders substantiate and submit to the Ministry of Labor and Social Security, the positions and functions of the subjects included in Article 1 who are bound by the regulations in the present Decree. In the case of cadres, the empowered leaders perform this task together with the Dirección de Cuadros del Estado y del Gobierno.


The Ministry of Labor and Social Security carries out the process of analysis and consultation required and submits the proposal for approval to the Council of Ministers.


When it becomes necessary to add or delete a position, the empowered leaders substantiate and propose to the Ministry of Labor and Social Security the necessary modifications in the month of November each year.


ARTICLE 5. - The Ministry of Labor and
Social Security organizes and controls the automated system that includes the cadres and professionals that according to the decision of the Council of Ministers require authorization to travel abroad for personal reasons. In the case of cadres, the Dirección de Cuadros del Estado y del Gobierno has access to such system.

To this end, the empowered leaders have the responsibility to contribute to and to update the information in the system.


ARTICLE 6. - The structure of the system is referred to in Article 5 is defined by the Ministry of Labor and Social Security, based on the permanent identity data of individuals.


ARTICLE 7. - Graduates of day courses
subject to the fulfillment of social service can
be authorized to travel for personal affairs. The length of their stay abroad is not considered for the purposes of compliance with their social service.


If the request is to reside abroad, the measures laid down in the legislation for
those who do not comply with their social service obligations are applied.


Graduates in the categories set in Article 1, are governed by the provisions in this Decree.


ARTICLE 8. - The empowered leaders inform the workers who are subject to the regulations in this Decree, its content and supplementary provisions.

FINAL PROVISIONS



FIRST: Within 40 calendar days after
the date of publication of this Decree,
the empowered leaders, submit to the Ministry of Labor and Social Security the substantiation of the positions and functions in their subordinate entities they propose to be included in the automates system of cadres and professionals that require authorization
to travel abroad for personal affairs,
in accordance with the administrative procedures established.


The Ministry of Labor and Social Security within 60 calendar days after the date of
the publication of this Decree, submits the proposal to the Council of Ministers.


SECOND: The Minister of Labor and
Social Security is empowered to issue the necessary regulations for better compliance with the provisions this Decree establishes for professionals.


The empowered leaders regulate the internal procedures in their respective systems according to the regulations set by the Ministry of Labor and the specific norms dictated for cadres.


THIRD: The institutions, bodies, national agencies and entities, administrative councils and authorized senior business management organizations monitor and evaluate annually the behavior of the migratory flow and the fluctuation of cadres and workers that require authorization to travel abroad for personal affairs as well as its impact on the development of the sector, branch or activity and the stability of its human resources. These results are presented to the Ministry of Labor and Social Security, which is responsible for informing the Government of the manifest trends.

FOURTH: In the Ministries of the Revolutionary Armed Forces and the Interior, as well as the political, social and mass organizations, what those institutions determine is applied.


FIFTH: The provisions contained in this
Decree and its complementary legislation are
applicable to officials, provided they are not contrary to the specific regulations laid down for them.


SIXTH: All legal regulations of equal or lower rank that oppose the provisions in the present Decree are hereby repealed. This Decree will take effect immediately after its publication in the Official Gazette of the Republic.

SIGNED at the Palace of the Revolution in the city of Havana, on the 11th day of October
2012.

Raúl Castro Ruz
President of the

Council of Ministers



MINISTRIES

FINANCE AND PRICES




RESOLUTION No. 343



WHEREAS: Law No. 73, of the Tax System, dated August 4, 1994, in its Title II, Chapter IX, Articles 41 to 44, sets the Tax on Documents to be paid by people and corporations that request or obtain taxable documents whose tax bases and tax rates are those listed in Annex 3, which may be modified, or new documents included, by the Minister of Finance and Prices.


WHEREAS: With the entry into force of Decree-Law No. 302 and Decree No. 305, both dated 11 October 2012, amending the Migration Law and Regulations, respectively, it is necessary to adjust the amounts to be applied to immigration procedures that are taxed by the Tax on Documents.

WHEREAS: Resolutions No. 302 and 396,
dated 8 November 2000 and 10 December
2001, respectively, issued by the Minister of
Finance and Prices, amended paragraph 22 of
Annex 3 of Law No. 73, establishing the
amounts to apply to taxable immigration procedures by the Tax on Documents, which considering the content of previous items
need to be modified or repealed according to current legislation.


THEREFORE: In exercise of the powers
conferred to me by Section Three, paragraph
Fourth of Agreement No. 2817, dated 25 of November 1994 of the Executive Committee of the Council of Ministers,

I Resolve:

FIRST: To eliminate the Tax on Documents
for immigration procedures related to
permit applications for entering and leaving the national territory for personal reasons, in accordance with the dispositions of the
current migration legislation.


SECOND: The Tax on Documents for the
process of Ordinary Passport application will be $100.00, payable in Cuban pesos or convertible pesos, as appropriate, and consequently repeal Resolution No. 396, dated 10 of December 2001, issued by the Minister of Finance and Prices.


THIRD: Include in Subsection c) of Section
22, Annex No. 3 of Law No. 73, as was
amended by Resolution No. 302 of 2000, as
documents related to immigration procedures,
payable in convertible pesos the requests for: -

-Residence abroad, 150.00.
- Residence of émigrés in the National Territory, 100.00.


FOURTH: To amend Resolution No. 302, dated November 8, 2000, issued by the Minister of Finance and Prices, according to the provisions in the First and Third paragraphs of the present Resolution.


FIFTH: This resolution is effective
from January 14, 2013.


PUBLISH in the Official Gazette of the Republic Cuba.


FILE the original in the Legal Department of this Ministry.


Signed in Havana on the 13th day of October 2012.

Lina Olinda Pedraza Rodríguez


Minister of Finance and Prices
________________

INTERIOR


RESOLUTION No. 43


WHEREAS: Decree-Law No. 302 of 11
October 2012 amending Act No. 1312,
"Migration Law", of September 20, 1976,
provides that holders of existing ordinary passports issued prior to its enactment,
should be updated according to the new established regulations.


THEREFORE: In exercise of the powers
conferred to me in paragraph 4, Section Three,
of Agreement No. 2817 dated 25th. November 1994, of the Executive Committee of the Council of Ministers,

I Resolve:
ON THE UPDATING OF ORDINARY PASSPORTS


FIRST: This resolution aims at establishing the procedure for updating ordinary passports, in accordance with the provisions of Decree-Law No. 302 of 11 October, 2012, amending Act No. 1312, "Migration Law", of September 20, 1976.


SECOND: Ordinary Passport holders
must apply for their passport updating
at the Paperwork Office of the Ministry of the Interior in their territory of residence.


THIRD: Ordinary Passport holders,
when applying for passport updating, must meet the following requirements:
a) Present their Identity document.
b) Submit the valid Ordinary Passport.


FOURTH: Parents or guardians of
minors or disabled persons, when applying for
the Ordinary Passport updating for their children or represented person, must comply, with the requirements of the preceding paragraph, and also:


a) Submit the authorization for this act, formalized by a Notary Public, as applicable.
In cases where one or both parents or legal guardians are abroad, the formalized authorization is submitted to the corresponding consular official.


b) Submit the Death Certificate when one of
the parents is deceased.


c) Provide a court warrant when a parent
has been deprived or suspended of parental rights.

FIFTH: To update the Ordinary Passport
of Cuban citizens living in the country, the relevant authority will make sure that the applicant fulfills the requirements and formalities established in the present
Resolution, and that it is not in one of the
cases described in Article 23 of the Migration Law.

SIXTH: The update of an Ordinary Passport
concludes with the stamping of a security seal
in the document, which certifies compliance with the requirements established for its issuance.
In cases of rejected applications, the
acting authority will not stamp the security seal referred to in this Article on the passport
until the holder complies with the requirements for its issuance.

SEVENTH: The term of seven working days after application is established to process and conclude updating requests of Ordinary Passports submitted in compliance with this Resolution.




FINAL PROVISION

ONE: This resolution shall take effect
from January 14, 2013.


PUBLISH in the Official Gazette of the Republic.


File the original of this Resolution in the Legal Department of the Ministry of the Interior.


Signed in Havana on the 13th day of October, 2012.





Minister of the Interior




Army Corps General





Abelardo Colomé Ibarra
________________




RESOLUTION No. 44


WHEREAS: Decree No. 26, "Regulations for the Migration Act" dated July 19, 1978, as amended by Decree No. 305 of 11th October 2012, in its Article 48, Paragraph 2, gives the Ministry of the Interior the task of setting
procedures for processing the applications
of Cuban citizens who have emigrated and request to take up residence in the national territory.


THEREFORE: In exercise of the powers
conferred to me, in Paragraph 4, Section Three, of Agreement No. 2817 of the Executive Committee of the Council
of Ministers on 25 November 1994,








I Resolve:


PROCEDURES FOR DEALING WITH THE APPLICATIONS FOR RESIDENCE IN THE NATIONAL TERRITORY SUBMITTED BY
EMIGRATED CUBAN CITIZENS



FIRST: This Resolution aims at establishing the procedure by which Cuban citizens who have emigrated submit their applications
for residence in the national territory.


SECOND: The Cuban émigrés that apply in the Cuban Consulates abroad or the corresponding Processing Offices of the Ministry of the Interior must meet the following requirements:


a) Submit the request.


b) Submit their valid Ordinary Passport

c) Indicate who is the reference person in Cuba who is committed to guarantee room and board where appropriate, until the applicant
can have its own housing and income.


d) Pay the tax or consular fee, as applicable,
in accordance with current legislation.


THIRD: The applications of the persons
referred to above must indicate the route used for migration and the causes for requesting
residence again in Cuba, as well as the
identity data and valid passport of the minors
or disabled persons who will accompany them.

FOURTH: The Responses to requests for residence in Cuba, submitted by emigrated Cuban citizens, are resolved by the Direccion de Inmigracion y Extranjeria within 90 days after the submission of applications, and notified through the Cuban consulates or the Processing Offices of the Ministry of the Interior where they were presented.


FIFTH: In the act of notification of the response to the emigrated Cuban citizens whose request to reside in the national territory was approved, they will be given a document to present at the corresponding Processing Office of the Ministry of the Interior so they can register or update their identification in the country.


SIXTH: In the case of people who are
serving a prison sentence under the classification of immigrants they may
designate a family member to represent them in the procedures referred to in the present Resolution.

FINAL PROVISION

ONE: This resolution is effective from January 14, 2013.


File the original of this resolution in the Legal Department of the Ministry of the Interior.


PUBLISH in the Official Gazette of the Republic.
Signed in Havana on the 13th day of October, 2012.

Minister of the Interior
Army Corps General

Abelardo Colomé Ibarra

________________
FOREIGN AFFAIRS




RESOLUTION No. 318







































WHEREAS: Decree-Law No. 302 of 11
October 2011, amending Act No. 1312,
"Migration Law" of September 20, 1976,
annulled the exit permit for Cuban citizens, foreigners and persons without
citizenship permanently residing in the country.

WHEREAS: In the light of the foregoing, it is necessary to rescind Resolution No. 87 of 23April 2007, issued by the Minister of Foreign Affairs as well as the consular fee and the General Norms for the Application of Consular Fees related to letters of invitation
provided in Resolution No. 5, dated January 25, 2011, issued by the Minister of Foreign Affairs in Annex I, sections 16 and 26-b) and Annex II, Article 15.


WHEREAS, by resolution of the Board of
State, dated March 2, 2009, the signatory of the present was appointed Minister of Foreign Affairs of the Republic of Cuba.


THEREFORE: In exercise of the powers
conferred on me in the Third Section, Item
Four of Agreement 2817 of 25 November
1994, adopted by the Executive Committee of the Council of Ministers,








I Resolve:

FIRST: To Rescind Resolution No. 87,
of April 23, 2007 and, therefore,
eliminate the requirement of formalizing through the service of a notary or attorney
the invitation to travel abroad for personal affairs extended by relatives or friends living abroad to Cuban citizens living in the country

SECOND: To amend Annexes I and II of Resolution No. 5, of January 25, 2011, by
repealing Sections 16 and 26-b) Annex I, and Article 15 of Annex II on the letter of invitation


This Resolution shall take effect from 14
January 2013.

CIRCULATE this Resolution among the Deputy Ministers, Directors, and Heads of Organizational Units of this Ministry and Cuban missions abroad.


PUBLISH in the Official Gazette of the Republic.


File the original in the Legal Department of this Ministry.


Signed in Havana on the13th day of October 2012.

Bruno Eduardo Rodríguez Parrilla
Minister of Foreign Affairs
________________
RESOLUTION No. 319



WHEREAS: Decree No. 305 of 11 October
2012, amending Decree No. 26, "Regulations
of the Migration Act" of July 19, 1978 provides in Subsection a) of Article 40, that
Ordinary Passport holders can apply to extend
their staying abroad for periods longer than
24 months when, for justified causes, they are not able to return to the country at the end of this period, and in its First Final Provision, repealed Article 137, concerning the extension of the staying period of people who are outside the country with a temporary exit permit.


WHEREAS: In the light of the above, and to the effects of legal consistency, it is imperative to amend Resolution No. 5, of 25 January 2011, issued by the Minister of Foreign Affairs, in Annex I, paragraph 5, and Annex II, Article 8.


WHEREAS, by resolution of the Board of
State, dated March 2, 2009, the signatory of the present was appointed Minister of Foreign Affairs of the Republic of Cuba.


THEREFORE: In exercise of the powers
conferred on me in the Third Section, Item
Four of Agreement 2817 of 25 November
1994, adopted by the Executive Committee of the Council of Ministers,














I Resolve:


ONE: To amend Annexes I and II of Resolution No. 5, of January 25, 2011, in the following way:


a) the consular fee stipulated in paragraph 5, of Annex I, is entitled "Extension of the staying abroad" and is charged for each month after the expiry of the term of 24 months that the holder of the Ordinary Passport has stayed outside the national territory. The consular fee values set to this effect are maintained.


b) Article 8 of Annex II shall read as
follows:
Extension of staying abroad: Several extensions can be registered in only one sticker; this must indicate the number of authorized months.

This Resolution shall take effect from 14
January 2013.

CIRCULATE this Resolution among the Deputy Ministers, Directors, and Heads of Organizational Units of this Ministry and Cuban missions abroad..


PUBLISH in the Official Gazette of the Republic.


File the original in the Legal Department of this Ministry.


Signed in Havana on the13th day of October 2012.

Bruno Eduardo Rodríguez Parrilla
Minister of Foreign Affairs
________________

LABOUR AND SOCIAL SECURITY
RESOLUTION No. 43



WHEREAS: Decree-Law No. 302 of 11
October 2012 amending Act No. 1312,
"Migration Law", of September 20, 1976, and
Decree No. 306 of the same date, on the procedures for cadres, professionals and athletes who require permission to travel abroad, formulates the need to regulate the procedures applicable to these workers.

THEREFORE: In exercise of the powers
conferred on me in Paragraph 4, Section Two