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Restrictions on applying for a Cuban passport

Nov 30 , 2022

According to Article 2 of Decree Law No. 302, amending the current Law No. 1312, “Migration Law”, which entered into force on 14 January 2013, Article 23 is added to Law No. 1312: “Cuban citizens residing in the national territory cannot obtain a passport while they meet any of the following conditions:

  • Being subject to criminal proceedings,provided it has been decided by the relevant authorities.
  • Having a criminal sanction or security measure pending, unless expressly authorised by the court.
  • Being subject to compliance with the provisions on the performance of Military Service
  • For reasons of National Defence and Security.
  • Having obligations, or civil liability with the Cuban State, provided that these have been expressly stipulated by the corresponding authorities.
  • Not having the established authorisation, pursuant to the regulations intended to preserve the qualified workforce for the economic, social and scientific-technical development of the country, and for the security and protection of official information.
  • Those who are under legal age or disabled without parental or legal representative’s authorisation, formalised before a Notary Public.
  • When for other reasons of public interest the competent authorities determine so.

Failure to comply with the requirements of the Migration Law, its Regulations and complementary provisions related to the application for, issuance and granting of passports.

Relevant information from the Cuban Ministry of the Interior.

Cuba’s Directorate of Identification, Immigration and Foreigners’ Affairs (DIIE) of the Ministry of the Interior (Minint) has denied rumours concerning an alleged impediment to the application for ordinary passports for those under 40 years of age, as reported by the island’s official media at the time.

The notice points out thatCuban passport is a document of identity and citizenship that is issued to Cuban citizens residing in Cuba and abroad who request it.

The official denial came at a time when there has been a significant increase in the Cuban exodus trying to leave the island through legal and illegal routes to emigrate, mainly to the United States.

Ernesto Soberón Guzmán, Director General of Consular Affairs and Cubans Residing Abroad of the Cuban Foreign Ministry, has warned that Cuban travellers are facing difficulties in arriving to several countries in the Caribbean region.

Governments in these countries, such as Panama and Costa Rica – which will also be joined by the Dominican Republic – have started requiring Cubans to hold a visa to visit or transit through their territories, something that Soberón described as a “complex situation” that would be closely watched by the island’s authorities.

According to US Customs and Border Protection (CBP) data, by mid-year more than 47,000 Cubans had entered the country irregularly, after more than 16,500 in February.

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