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WHEREAS: In
the last few months the U.S. government has
intensified its economic war on the people of Cuba
by dictating new measures aimed at systematically
hindering the external financial flows of our
country, thus causing serious damage and creating
grave risks for the exercise of our normal
international financial
activity.
WHEREAS: As
part of this policy, the U.S. government has
increased its pressure on and threats to foreign
banks to prevent Cuba from depositing the U.S.
dollars spent by the population and foreign
visitors in Cuban establishments that sell
merchandise or lend services in that currency
abroad in order to meet its commercial
obligations.
WHEREAS:
Recently, the assistant deputy secretary for
Western Hemisphere Affairs attached to the
Department of State announced the creation of a
“Pursuance of Cuban Assets Group” composed of
officials from various government agencies to
interfere with and halt the flow of hard currency
to and from Cuba, which constitutes a new
aggression unprecedented in the history of
international financial
relations.
WHEREAS:
The situation thus created demands the urgent
adoption of measures to protect the country’s
interests faced with the serious damage that such
actions will cause it.
WHEREAS: In
its Article 36 (Clause a]) Decree Law No. 172
“From the Central Bank of Cuba, “ dated May 28,
1997 establishes that the faculties of the
president of the Central Bank of Cuba include that
of drawing up resolutions, instructions and other
dispositions necessary for the execution of the
functions of the Central Bank of Cuba, with an
obligatory nature for all agencies, bodies,
enterprises and state economic or other
associations, cooperatives, the private sector and
the population.
WHEREAS:
The person with that faculty was designated
government minister and president of the Central
Bank of Cuba by the Council of State Agreement
dated June 13, 1997.
THEREFORE:
In the execution of the faculties conferred upon
me, and in prior consultation with the president
of the Councils of State and
Ministers;
I
RESOLVE:
I “On the holding by the population
of U.S. dollars and other freely convertible
currencies that circulate in the
country”
Article
1: The population may
maintain in its power any quantity of U.S. dollars
or any other freely convertible currencies without
restrictions of any kind, as is the case to
date.
II “On
cash payments in freely convertible currency,
starting November 8, 2004”
Article
2: From November 8,
2004 all entities that currently accept U.S.
dollars in cash on charging for their transactions
in national territory, will only accept
convertible pesos.
This measure is to
be universal, both for the population and for
visitors from abroad. Its application covers:
stores, hotels, restaurants, bars, cafeterias,
taxis, car hire agencies, and any other entity
currently charging in U.S. dollars in
cash.
As has been
previously stated, the application of this measure
does not imply any kind of limitation on holding
U.S. dollars or any other freely convertible
currency.
Article
3: The convertible
peso will maintain its conversion on the basis of
one convertible peso to one U.S.
dollar.
Article
4: From November 8,
2004 persons wishing to acquire convertible pesos
with U.S. dollars in cash will have to pay a 10%
surcharge as compensation for the costs and risks
to the national economy originating with the
handling of U.S. dollars as a consequence of the
above-mentioned U.S. government
measures.
The remainder of
hard currencies exchangeable in Cuba: the euro,
Canadian dollar, GBP sterling and Swiss francs can
be exchanged for Cuban convertible pesos without
any tax whatsoever, taking international market
exchange rates as a reference point and always
considering one convertible peso as equal to one
U.S. dollar.
In time, bank
branches and Exchange Bureaus will be able to
change other hard currency as part of their
services.
From November 8,
2004, there will also be a 10% surcharge on U.S.
dollars in cash used to buy Cuban pesos in the
Exchange Bureaus. Cuban pesos can be purchased
with euros, Canadian dollars, GBP sterling and
Swiss francs as is the case to date, without any
10% surcharge.
Article
5: Euros will still be
accepted in the tourism complexes that currently
do so.
III- “On the use and
operation of bank accounts and credit cards in
freely convertible currency by Cuban or foreign
persons”
Article
6: Current U.S. dollar
accounts held by the population in Cuban banks are
totally guaranteed. Withdrawals in U.S. dollars or
convertible pesos from such accounts can be made
at any point, with no time limit and without any
kind of restriction, according to the client’s
choice, at the present rate of 1 to 1, and the 10%
surcharge will not be applied. From November 8,
2004, cash deposits in U.S. dollars in such
accounts will not be accepted. Those accounts can
receive funds via bank transfers in any freely
convertible currency, as well as receiving cash
deposits in convertible pesos, Canadian dollars,
GBP sterling, and Swiss francs, taking the
international market exchange rates as a
reference.
The same
dispositions laid out in the last paragraph will
be applied to current U.S. dollar accounts held by
foreigners in Cuban banks.
Article
7: From November 8,
2004, persons wishing to open new accounts in U.S.
dollars or constitute deposit accounts in that
currency will be able to do so, but deposits and
withdrawals can only be made in U.S. dollars cash
in these new accounts.
Article
8: Accounts in
convertible pesos will continue to enjoy all the
bank guarantees and services presently available.
From November 8, 2004 these accounts will not
accept U.S. dollar cash
deposits.
Article
9: Current deposit
accounts and savings certificates in U.S. dollars
and convertible pesos are totally guaranteed, they
are not subject to the 10% surcharge and will
maintain the conditions agreed by the holder at
the moment of their constitution. The principal
and interest accrued in deposit accounts or
savings certificates in U.S. dollars in force on
November 7 can be collected in U.S. dollars or
convertible pesos when they are due, according to
the client’s choice, at the rate of 1 to 1 without
the application of the 10% surcharge, or converted
into convertible pesos deposit accounts at the
rate of 1 to 1 without the 10% surcharge being
applied. These deposits can be renewed as many
times as the client wishes without losing these
prerogatives.
Article
10: Operations made
with credit or debit cards accepted in Cuba,
whether for the realization of payments or cash
withdrawals can continue as is the case to date
without any 10% surcharge.
IV- “On the use of
cash and the operation of bank accounts in
convertible pesos by private
individuals”
Article
11: From November 8,
2004, U.S. dollars in cash will not be accepted
into the current accounts maintained by trading
associations based on joint or foreign capital,
and foreign representations in Cuba, including
diplomatic ones. At the request of the account
holder, withdrawals can be made in U.S. dollars
cash or in convertible pesos without applying the
10% surcharge. Exceptionally, the Central Bank of
Cuba will be able to authorize cash deposits in
U.S. dollars without applying the 10% surcharge
into the accounts of certain of the aforementioned
holders, but in that case the 10% surcharge will
be applied.
Article
12: In terms of
accounts in convertible pesos held by state
enterprises, trading societies with 100% Cuban
capital, budgetary units and other authorized
agencies, cash may continue to be withdrawn in
line with the existing regulations. From November
8, 2004, these accounts will not accept cash
deposits in U.S. dollars. Exceptionally, the
Central Bank of Cuba can authorize cash deposits
in U.S. dollars for certain of the above-mentioned
account holders, but in such cases the 10%
surcharge will be imposed.
V- “Locations
authorized for the exchange of
currency”
Article
13: From October 28,
2004, the acquisition of convertible pesos with
U.S. dollars can be undertaken in any of the
following locations:
• Exchange Bureaus, They can
likewise change euros, Canadian dollars, Swiss
francs and GBP sterling, taking as their reference
point international market exchange
rates.
• Bank
branches. They will
change only amounts of 10 U.S. dollars or over,
except in municipalities where there are no
Exchange Bureaus. They can also change euros,
Canadian dollars, Swiss francs and GBP sterling,
taking as reference the rates of exchange on the
international market.
• Selected
hard-currency stores and other authorized
establishments. Only
convertible pesos can be acquired in these places
in exchange for U.S. dollars, in amounts of 10
U.S. dollars or more.
•
Hotels. They will also
exchange euros, Canadian dollars, Swiss francs and
pounds sterling, taking the rate on the
international market as their reference. They will
offer exchange services only to their
clients.
From October 28 to
November 7, 2004, convertible pesos can be
acquired with U.S. dollars without the application
of the 10% surcharge. From November 8, 2004 the
aforementioned surcharge will be
applied.
Article
14: Transactions for
acquiring U.S. dollars with convertible pesos can
be made in the Exchange Bureaus, bank branches and
hotels. The last is only for their
clients.
Additionally,
visitors from abroad will have the option of
changing convertible pesos for U.S. dollars or
other accepted currencies at the international
airports.
Article
15: Hotels, selected
hard-currency stores and other authorized
establishments will have a license from the
Central Bank of Cuba for their money changing
operations.
VI—“Entry into
effect”
Article
16: The present
resolution will come into effect on October 28,
2004, except in the aspect related to transactions
effected solely in convertible pesos and the
application of the 10% surcharge on the use of the
U.S. dollar, which will come into effect from
November 8, 2004.
Article
17: the measures
established by this resolution only cover
transactions made within national territory and in
no case will prevent or hinder the execution of
guarantees granted by Cuban financial institutions
to foreign entities, or the availability of funds
in freely convertible currency needed to honor
obligations contracted by Cuban financial
institutions with foreign
entities.
TRANSITORY
DISPOSITIONS
FIRST: The
dispositions of Article 6 of this resolution will
also apply to U.S. dollar accounts opened between
October 26 to November 7, 2004.
SECOND:
Bank branches throughout the country, excepting
those of the BFI and the BICSA in City of Havana,
will attend to the business sector from October 28
to November 5, 2004 only until 12:00 midday. From
that time, the full capacity of these branches
will be devoted to lending banking services to the
population and to effecting money exchange
transactions. Additionally, bank branches
throughout the country, except for those of the
BFI and the BICSA in City of Havana, will open on
Saturday November 6 and Sunday, November 7, 2004,
from 9:00 a.m. to 3:00 p.m. to lend the population
the services mentioned above.
HERBEY
NOTIFIED are the
Ministry of Finance and Prices and the Ministry of
Economy and Planning, the Ministry of Tourism and
the presidents of the Credit and Commerce Bank,
the International Financial Bank Ltd, the
International Commercial Bank Ltd, the
Metropolitan Bank Ltd, the Popular Savings Bank,
the New Banking Group Ltd, Cadeca Ltd and the
directors of Issuing and Assets and of the
Treasury, both attached to the the Central Bank of
Cuba.
HEREBY
COMMUNICATED to the
executive secretary of the Council of Ministers;
the heads of the State Central Administration
Agencies; the president of the National Assembly
of People’s Power; the presidents of the
Provincial Administration Councils of People’s
Power; the attorney general of the Republic; the
president of the Supreme People’s Court; the first
vice president, the vice presidents, the
superintendent, the auditor and the directors of
the Central Bank of Cuba; and those companies and
individuals who should be aware of the
same.
TO BE
PUBLISHED in the
Gaceta Oficial of the Republic of
Cuba.
TO BE
ARCHIVED as an
original in the Central Bank of Cuba
Secretariat.
ANNOUNCED
in the City of Havana, on the 23rd day of the
month of October, 2004.
Francisco Soberón
Valdés
Minister/President
Central Bank of
Cuba. |