The rule expands the powers of Customs to monitor, retain merchandise and restrict the movement of passengers, in a context of growing complaints about arbitrariness and abuses at the border.
MADRID, Spain.- Since this week, Cuba has a new Customs Law that redefines the operation and powers of the customs authority in the country. The standard became official after publication in the Official Gazette of Decree-Law 108 “Customs”its Regulations (Decree 134) and nine complementary resolutions, which make up the new legal framework of the General Customs of the Republic (AGR), replacing legislation in force for more than 30 years.
In a statement shared on their social networksCustoms reported that the new provisions seek to “modernize procedures”, “harmonize processes” and offer a “more agile, transparent and professional” service, in accordance with standards of the World Customs Organization and with the Constitution of the Republic. The agency assured that the objective is to “institutionally perfect” its border control work and facilitate foreign trade and traveler operations.
According to the official information, Decree-Law 108 repeals a broad set of dispersed regulations and establishes a “framework law” that comprehensively regulates the operation of Customs, including the creation of the Single Window for Foreign Trade, the recognition of the Authorized Economic Operator and the computerization of procedures. The customs authorities stated that the rule will allow for “more orderly, coherent and efficient” action.
However, the legal text also significantly reinforces the institution’s powers of control and coercion. The Decree-Law itself defines among the functions of Customs that of guaranteeing not only the protection of economic borders, but also the “security of socialist society”, a formulation that explicitly links it to the political objectives of the State.
The regulation grants broad powers for the retention, occupation and seizure of merchandise, securities and documents, as well as for the control of people, luggage and means of transport through physical, technological and radiological inspections, surveillance systems and canine units. Likewise, it empowers the customs authority to prevent access to sterile areas or the boarding of a passenger who refuses to submit to established controls.
Although the official discourse insists on the “facilitation of trade” and the transparency of the processes, the concentration of powers in the Customs headquarters and the discretionary nature of many of its decisions raise concern among travelers and Cubans abroad, who for years have denounced arbitrary seizures, disproportionate fines and lack of effective guarantees to complain.
The first vice head of the AGR, William Pérez, assured that the new legislation “maintains the benefits in force for non-commercial imports of food, hygiene, medicines, medical supplies and power plants,” and that it will come into force 90 days after its publication, after a period of “preparation and dissemination.”
However, for broad sectors of civil society, the so-called “modernization” of Customs translates, in practice, into a strengthening of the state control apparatus over the flow of goods that support thousands of families in the midst of the economic crisis, with a legal framework that prioritizes security and revenue over the rights of citizens.
