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Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
#68
Version
Archived
Created
2025-04-12 06:42
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Live

Executive Summary

Cuba legally recognizes retail cryptocurrency trading but regulates it through the Banco Central de Cuba (BCC). Resolution 215/2021 requires Virtual Asset Service Providers (VASPs) to obtain licenses and comply with AML/CFT procedures. Individuals can transact in cryptocurrencies, but using unlicensed providers carries risks. The BCC aims to supervise crypto activities, mitigate risks, and potentially use crypto for socio-economic benefits.

Key Pillars

The primary regulator is the Banco Central de Cuba (BCC), which oversees the licensing and supervision of Virtual Asset Service Providers (VASPs). Core compliance requirements include Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) procedures, subject to approval by the BCC's financial investigation unit. VASPs are required to obtain a license from the BCC, implement risk management systems, and disclose risks to their clients.

Landmark Laws

Resolution 215/2021 (August 2021): Issued by the Banco Central de Cuba (BCC), it recognized virtual assets and established the BCC's authority to regulate their use, introducing a licensing regime for Virtual Asset Service Providers (VASPs).
Resolution 89/2022: Further detailed the licensing requirements for VASPs, including both natural and legal persons, Cuban or foreign, mandating compliance with Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) procedures.
Resolution 76/2023: Addresses Targeted Financial Sanctions (TFS) obligations for VASPs, requiring them to implement freezing measures and refrain from transactions with designated persons/entities.

Considerations

Virtual assets are legally recognized but not classified as legal tender. The Banco Central de Cuba (BCC) warns individuals using unlicensed providers assume all associated risks. Motivations for regulation include mitigating risks (volatility, scams, illicit finance) and potentially exploring controlled uses for socio-economic benefit. Currency controls and US sanctions influence the use of cryptocurrencies for remittances.

Notes

The regulation is intended to bring cryptocurrency activity under state supervision and align with international standards like those from the Financial Action Task Force (FATF). The FATF notes Cuba has formed a Cryptoassets Group and produced reports assessing AML/CFT risks in the VA/VASP sector. Licenses are initially granted for one year, extendable for a second year. Experts theorize that the move aims to encourage remittances and trade using crypto to bypass US sanctions.

Detailed Explanation

Cuba's regulatory approach to retail cryptocurrency trading involves legal recognition combined with developing regulatory control, rather than a prohibition. Resolution 215/2021, issued by the Banco Central de Cuba (BCC) in August 2021 and effective September 2021, formally recognized virtual assets, including cryptocurrencies, and authorized the BCC to regulate their use. This resolution introduced a licensing regime for Virtual Asset Service Providers (VASPs) operating in or from Cuba, requiring entities providing services like crypto exchange, transfer, custody, or administration to obtain a license from the BCC.

For individual citizens, Resolution 215/2021 explicitly permits transactions involving virtual assets, even outside the formal banking and financial system. However, it warns that individuals engaging in such activities or using unlicensed providers assume all associated risks and responsibilities. Subsequent regulations, such as Resolution 89/2022, further detailed the licensing requirements for VASPs, encompassing natural and legal persons, both Cuban and foreign. These regulations mandate compliance with Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) procedures, subject to approval by the BCC's financial investigation unit (Dirección General de Investigación de Operaciones Financieras). Licensed VASPs must also implement risk management systems and disclose risks to clients.

Individuals can legally hold, buy, and sell cryptocurrencies, especially in peer-to-peer (P2P) transactions, but the provision of formal cryptocurrency services requires a license. Interactions with licensed VASPs indirectly subject users to regulatory requirements, including KYC/AML checks. The BCC retains the authority to authorize the use of specific virtual assets for commercial transactions by financial institutions and legal entities, indicating a controlled approach. FATF notes Cuba has formed a Cryptoassets Group and produced reports assessing AML/CFT risks in the VA/VASP sector, rating the risk as “Medium Low”. Resolution 76/2023 addresses Targeted Financial Sanctions (TFS) obligations for VASPs, requiring them to implement freezing measures.

The motivation includes acknowledging existing crypto use (especially for remittances and bypassing US sanctions), bringing activity under state supervision, mitigating risks (volatility, scams, illicit finance), and potentially exploring controlled uses for socio-economic benefit, while aligning with international standards like those from the Financial Action Task Force (FATF). Experts theorize the move aims to encourage remittances and trade using crypto to bypass US sanctions, while granting the BCC greater control compared to previous hard currency transactions.

Summary Points

Retail Cryptocurrency Trading Status in Cuba: Regulatory Overview

I. Overall Regulatory Status:

  • Allowed-Regulated: Retail cryptocurrency trading is permitted but subject to regulation.

II. Key Regulatory Bodies:

  • Banco Central de Cuba (BCC):
    • Primary regulatory authority for virtual assets.
    • Responsible for licensing and supervising Virtual Asset Service Providers (VASPs).
    • Authorizes the use of specific virtual assets for commercial transactions by financial institutions and legal entities.
  • Dirección General de Investigación de Operaciones Financieras (Financial Investigation Unit of the BCC):
    • Approves Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) procedures for VASPs.

III. Key Legislation and Regulations:

  • Resolution 215/2021 (Banco Central de Cuba):
    • Formally recognizes virtual assets (including cryptocurrencies).
    • Establishes the BCC's authority to regulate their use.
    • Introduces a licensing regime for VASPs.
    • Explicitly states that transactions between individual citizens involving virtual assets are not prohibited, even outside the formal banking system.
    • Warns individuals engaging in such activities or using unlicensed providers assume all associated risks and responsibilities.
  • Resolution 89/2022 (Banco Central de Cuba):
    • Details the licensing requirements for VASPs (natural and legal persons, Cuban or foreign).
    • Mandates compliance with AML/CFT procedures.
    • Requires risk management systems and clear risk disclosures to clients.
  • Resolution 76/2023:
    • Addresses Targeted Financial Sanctions (TFS) obligations for VASPs.
    • Requires VASPs to implement freezing measures and refrain from transactions with designated persons/entities.

IV. Requirements for Compliance (VASPs):

  • Licensing: VASPs must obtain a license from the BCC to operate legally.
  • AML/CFT Compliance: Must implement and adhere to AML/CFT procedures, subject to approval by the BCC's financial investigation unit.
  • Risk Management: Must implement risk management systems.
  • Client Disclosure: Must clearly disclose risks to clients.
  • Targeted Financial Sanctions (TFS): Must implement freezing measures and refrain from transactions with designated persons/entities.

V. Notable Restrictions and Limitations:

  • Licensing Requirement for Service Providers: Providing formal cryptocurrency services (exchange, transfer, custody, administration) requires a license.
  • Risk Assumption by Individuals: Individuals using unlicensed providers or engaging in P2P transactions assume all associated risks.
  • BCC Control: The BCC maintains authority to authorize the use of specific virtual assets for commercial transactions.
  • Indirect KYC/AML: Users interacting with licensed VASPs are likely subject to KYC/AML checks implemented by the provider.

VI. Recent Developments and Changes:

  • Formal Recognition and Regulation (2021): Resolution 215/2021 marked a significant shift towards formal recognition and regulation.
  • VASP Licensing Framework (2022): Resolution 89/2022 established detailed licensing requirements for VASPs.
  • FATF Alignment: Cuba is aligning its regulations with international standards, including those from the Financial Action Task Force (FATF).
  • Cryptoassets Group Formation: Cuba has formed a Cryptoassets Group and produced reports assessing AML/CFT risks in the VA/VASP sector.
  • Targeted Financial Sanctions (TFS) Obligations: Resolution 76/2023 addresses Targeted Financial Sanctions (TFS) obligations for VASPs.

Full Analysis Report

Okay, here is the detailed report on the retail cryptocurrency trading status in Cuba, structured as requested.

Report: Retail Cryptocurrency Trading Status in Cuba

Topic: Retail_Trading_Status
Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).


1. Current Status: Allowed-Regulated

2. Detailed Narrative Explanation:

Cuba's approach to retail cryptocurrency trading is characterized by legal recognition coupled with a developing regulatory framework aimed at control and supervision, rather than an outright ban. The key development was the issuance of Resolution 215/2021 by the Banco Central de Cuba (BCC - Central Bank of Cuba) in August 2021, which entered into force in September 2021.

This resolution formally recognized virtual assets (including cryptocurrencies) and established the BCC's authority to regulate their use. Crucially, it introduced a licensing regime for Virtual Asset Service Providers (VASPs) operating in or from Cuba. This means entities wishing to offer services like crypto exchange (crypto-to-fiat or crypto-to-crypto), transfer, custody, or administration must obtain a license from the BCC.

For individual citizens ("personas naturales"), Resolution 215/2021 explicitly states that transactions between them involving virtual assets are not prohibited, even if conducted outside the formal banking and financial system. However, it also clearly warns that individuals engaging in such activities, or using unlicensed providers, assume all associated risks and civil/penal responsibilities.

Subsequent regulations, like Resolution 89/2022, further detailed the licensing requirements for VASPs, including both natural and legal persons, Cuban or foreign. These requirements mandate compliance with Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) procedures, subject to approval by the BCC's financial investigation unit (Dirección General de Investigación de Operaciones Financieras). Licensed VASPs are also required to implement risk management systems and clearly disclose risks to their clients.

Therefore, while individuals can legally hold, buy, and sell cryptocurrencies, particularly in peer-to-peer (P2P) transactions, the provision of formal cryptocurrency services is a regulated activity requiring a license. Any interaction with licensed VASPs would subject users indirectly to the regulatory environment, including likely KYC/AML checks implemented by the provider as part of their licensing obligations. The BCC maintains the authority to authorize the use of specific virtual assets for commercial transactions by financial institutions and legal entities, indicating a controlled approach rather than a free-for-all market.

The motivation behind this regulation appears multifaceted: acknowledging the existing use of crypto (especially for remittances and bypassing US sanctions), bringing activity under state supervision, mitigating risks (volatility, scams, illicit finance), and potentially exploring controlled uses for socio-economic benefit, while aligning with international standards like those from the Financial Action Task Force (FATF).

3. Relevant Excerpts/Summaries from Sources:

  • Banco Central de Cuba (Resolution 215/2021 Summary): The resolution aims to "establish the norms based on which the Central Bank of Cuba... regulates the use of certain virtual assets in commercial transactions, as well as the granting of licenses to virtual asset service providers for operations related to financial, exchange, and collection or payment activities, in and from the national territory." It also states, "Natural persons assume the risks and responsibilities... derived from operating with virtual assets and virtual asset service providers that function outside the Banking and Financial System, even when transactions with virtual assets between said persons are not prohibited." [2, 9]
  • Banco Central de Cuba (Resolution 89/2022 Summary): This resolution establishes the specific requirements for authorizing, operating, regulating, supervising, and canceling licenses for VASPs operating in Cuba. It requires evaluation of the legality, opportunity, and socio-economic interest of the initiative, and mandates approval from the BCC's financial operations investigation unit regarding AML/CFT prevention procedures. Licenses are initially granted for one year, extendable for a second year. [12, 13, 14]
  • FATF (GAFILAT Report Summary, Dec 2023): Cuba has formed a Cryptoassets Group and produced reports assessing AML/CFT risks in the VA/VASP sector, rating the risk as "Medium Low". Resolution 215/2021 defines VASPs in line with FATF standards and establishes licensing. Resolution 76/2023 addresses Targeted Financial Sanctions (TFS) obligations for VASPs, requiring them to implement freezing measures and refrain from transactions with designated persons/entities. [31]
  • Central Banking (May 2022): The BCC will grant VASP licenses valid for one year (renewable), supervising providers. Regulations permit non-Cuban companies to operate as VASPs. Experts theorize the move aims to encourage remittances and trade using crypto to bypass US sanctions, while granting the BCC greater control compared to previous hard currency transactions. [3]
  • Periodismo de Barrio (Oct 2021): Resolution 215/2021 does not prohibit transactions with virtual assets between natural persons outside the formal system but warns they assume the risks. It defines VASPs as entities engaged in exchange, transfer, custody, or administration of virtual assets as a business. [23]
  • Negolution (Interview Summary): Resolution 215/2021 explicitly indicated that operations with virtual assets between natural persons were not prohibited. Resolution 89/2022 continued the regulatory effort, allowing a wide range of actors (natural/legal persons, local/foreign) to apply for VASP licenses. Licensed activities could include wallets, payment services, investment funds, etc. [15]

4. Source URLs:

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