Cuba’s Foreign Investment Law Behind the Scenes

Cuba's Foreign Investment Law Behind the Scenes
April 25, 2014
Fernando Ravsberg*

HAVANA TIMES — PhD in Economics Omar Everleny Perez expounds on the
underpinnings of Cuba's new Foreign Investment Law, recently approved by
the island's parliament. Everleny is a respected researcher working at
the Center for the Study of the Cuban Economy, attached to the
University of Havana. Many of the studies conducted by this institution
have laid the theoretical groundwork for the country's current reforms.

Why a new foreign investment law?

Omar Everleny Perez: Because foreign investment is one of the mechanisms
that can help Cuba secure the resources it needs to grow. It's become
clear that it is impossible to head down the road to growth again on our
own efforts alone. The country's savings are not significant. Cuban
industries and services are so undercapitalized that we're caught in
real vicious circle. We have no resources to invest because we're
devoting them to consumption, because, owing to our inefficiency, we
can't manufacture many products and have to import them.

Without more investment in Cuba's economy, it will be impossible to
reach growth rates higher than 5 or 7 %, needed to double the country's
GDP in 5 years. With a growth rate of 2 %, like the one we have now,
we'll need 20 years to double our GDP.

Perhaps foreign investment will cease to be as important in 10 years.
Today, however, it is the only way to take in the additional US $ 2.5
billion this country needs. Bear in mind that Cuba does not belong to
international financial institutions (because of the US embargo),
remittances have already hit their limit and donations are not significant.

What does this new law offer the investor that's new and attractive?

OEP: To be able to attract investors in a world as competitive as ours,
you need to have as attractive a legislation as possible. There are tax
incentives: companies can operate for 8 years without paying taxes,
which is a significant change in comparison to the previous law. The new
law establishes a maximum term of 60 days for Cuban authorities to
respond to potential investors. Investments in professional services are
now authorized and mechanisms for the hiring of personnel at the Mariel
port have been made laxer. Those mechanisms used to be what
businesspeople complained most about.

However, the law preserves Cuba's employment agencies, which retain 70 %
of the worker's salary, if we consider the 20 % commission and the
application of a highly unfavorable exchange rate.

OEP: That's true, but workers in the Mariel Development Zone will still
earn more than what they did under the previous system.

Can cooperatives partner up with foreign investors?

OEP: The law says that a legally constituted Cuban company can enter
into such a partnership, and cooperatives qualify. Now, it remains to be
seen whether the Executive, which approves these agreements, will favor
these types of companies.

Foreign Investment and Independence

Which sectors require foreign investment the most?

OEP: One of the most important is the renewable energy sector. Cuba has
to change its energy infrastructure (95 % dependent on oil today). The
country is interested in making use of solar energy and there are
Chinese companies already working with us in this area. It is also
interested in wind power, an alternative that is bring interest from the
Nordic countries.

Biotechnology, conceived as a whole, from research, through production
to marketing, is also important. Cuba has made much progress in the area
through agreements with laboratories in Brazil, aimed at manufacturing
products for that market.

Agriculture is vital. We have to bolster full-cycle processes. For
instance, we have to produce our own fodder, raise cattle, produce milk
and establish a dairy product industry. We won't achieve much if we have
foreign investment for one part of the process and not the rest. Today,
we're producing Habana Club rum and we have to import the bottles and
boxes to sell it.

We need investment in real estate businesses, because Cuba doesn't have
the resources needed to invest in offices. I think this market will open
up in Mariel. Generally speaking, we also need investment in
infrastructure, in roads, railways and transportation systems.

How can Cuba maintain its independence with such levels of foreign
investment?

OEP: Things are very different now from what they were before 1959.
Today, companies operate for a contractually specified term. One of the
golden rules here is that agreements must have a limited term. In
Mariel, these can be as long as 50 years, but, generally speaking, they
are around 15 to 20 years. I believe this is a reasonable term, as
companies spend the first 8 years recovering their investments.

Also, the State does not transfer any property to foreigners. They are
usufruct or limited term contracts. In addition, foreign companies will
not invest anywhere they want but where the State needs them to.

No country can survive on its own resources alone in today's globalized
world – one way or another, they need foreign resources to achieve
development. China and Vietnam have demonstrated that one can make
massive use of foreign investment and achieve good economic results
without losing political control at home.

Source: Cuba's Foreign Investment Law Behind the Scenes - Havana
Times.org - http://www.havanatimes.org/?p=103249