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Process of obtaining a Regular Passport in the Republic of Cuba- Departure from the Country-Entry

According to Law 1312 of the Migration Law, it establishes the following: 

ARTICLE 1.-The Cuban citizens, to leave the national territory or to enter it, must have issued in their name, one of the following documents: 

  1. a) Diplomatic Passport 
  2. b) Service Passport 
  3. c) Official Passport 
  4. d) Current Passport 
  5. e) Marino Passport 

Those who possess a current passport must also obtain the corresponding entry or exit permit granted by the Ministry of the Interior. 

According to the Cuban Immigration Law, dated 1976, with its respective modifications (2013- Amendment_Decrete Law 302) and (2018-Updating) the regular Cuban passport is the basic document for international movements, is valid for 2 years, extendable for the same term until a total validity of 6. Likewise, its process of obtaining is the following: 

Applicants must carry only their identity card. In the case of minors under 18 years of age and those with disabilities, in addition to the identity document, they must present the authorization to receive a passport from their parents or legal representatives, formalized before a Notary Public of the Ministry of Justice. In cases where one or several parents or legal representatives are abroad, the authorization can be formalized before a Cuban consular office. Likewise, if the situation arises that one or both parents have died, the Death Certificate must be provided that accredits it. It also provides for the presentation of documentary evidence when one of the parents has been deprived of parental authority or has been suspended. 

With respect to males between January 1 of the year in which they turn 17, and December 31 of the year they are 19, as well as those over this age who have been informed that they will be recruited, they must attend before traveling to Municipal Military Committee where they are registered, since they are subject to compliance with the provisions on the provision of the Military Service. 

In all cases, the authorized migration offices will verify, as established in the legislation, that the person is not included in any of the cases foreseen in article 23 of the Migration Law that limit the obtaining of the passport. 

If there is no reason, the process of issuing the passport will begin; otherwise, the applicant will receive the information and explanation that allows him to take the required steps before the authority that ordered it. 

In this same sense, the DIE states that those over 18 years of age do not have to request the updating of their current passports, as these were updated ex officio and may be used to travel provided they have the required visas. 

Decree Law 302 

Article 9.1: Current Passport is issued to Cuban citizens residing in the national territory who need to travel abroad for private matters, to those authorized to reside abroad and to emigrants. 

Current Passport is issued, in addition, at the request of the organs, agencies, national entities and political, social and mass organizations that require it for reasons of service or for the fulfillment of the purposes of their work. 

  1. It is considered that a Cuban citizen has emigrated, when he travels abroad due to particular matters and remains uninterrupted for a term exceeding 24 months without the corresponding authorization, as well as when he is domiciled abroad without complying with current immigration regulations. . 

The Regulation of this Law defines the cases to authorize the permanence abroad for a term superior to that established in the previous paragraph. 

In other words, any Cuban citizen, who lives in the territory of the Republic of Cuba, can obtain a current passport. 

  • Exceptions 

Article 23: Cuban citizens residing in the national territory cannot obtain a current passport while they are included in any of the following cases: 

  1. a) Be subject to criminal proceedings, provided that it has been provided by the corresponding authorities. 
  2. b) Pending compliance with a criminal sanction or security measure, except in cases that are expressly authorized by the court. 
  3. c) Being subject to compliance with the provisions on the provision of the Military Service. 
  4. d) When reasons of Defense and National Security so advise. 
  5. e) Have obligations with the Cuban State or civil liability, provided they have been expressly provided by the corresponding authorities. 
  6. f) Lack of the authorization established, by virtue of the rules aimed at preserving the qualified work 

force for the economic, social and scientific-technical development of the country, as well as for the security and protection of official information. 

  1. g) Minors or disabled persons who do not have the authorization of the parents or legal representatives, formalized before a Notary Public. 
  2. h) When, for other reasons of public interest, it is determined by the authorized authorities. 
  3. i) It does not meet the requirements of the Migration Law, its Regulations and the complementary provisions related to the application, issuance and granting of passports. 

According to Article 23, cited above, of Law 302, there are 9 prohibitions to obtain a passport. Any Cuban citizen who is subject to criminal proceedings by Cuban courts, that is, those persons who have committed a crime prohibited by law and who is under investigation or criminal process. The next case is, that citizen who is subject to a decision of a competent national court or administrative decisions, in the case of doctors. Those citizens who have been registered to the Military Registry and are in compliance with it, in this case, only the Ministry of the Revolutionary Armed Forces, can authorize the acquisition of the passport. Those persons who, for reasons of national security, such as high- ranking military officers or public officials, can not access this passport, unless prior authorization from the corresponding agency of the Central State Administration, the Council of State or the Council of Ministers. Those people who are in the fulfillment of public positions, be they directors of organisms, institutions, political and mass organizations or deputies to the National Assembly. In the case of minors, the process and requirements have been previously clarified. 

  • Process of leaving the country. Border 

During the immigration inspection at airports, the authorities once again verify that the person who is preparing to travel, even if he already has his passport, has not incurred any of the limiting circumstances to leave the country established in article 25 of the Law of Migration. 

Some of the reasons for which the country would refuse to leave the country would be subject to criminal proceedings, pending compliance with a criminal sanction or security measure, having obligations with the Cuban State or civil liability, lacking the authorization established in virtue of the rules aimed at preserving the workforce or the non-compliance with the requirements required by law, reasons that coincide with those established in article 23 for the denial of the passport. 

In this sense, current passport holders issued prior to January 14, 2013 must take into account if they are subject to any of these assumptions, before making arrangements to purchase tickets and travel to airports to travel, in order to travel. to avoid unnecessary discomfort and inconvenience at the border. 

As we have seen, only in exceptional cases, the Cuban immigration authorities deny access to the passport and when leaving the country. It should be noted that, in the case of human rights activists, members of the opposition have been objects of violations of their rights to leave the country, citing reasons for “open common judicial processes” at the time of presenting themselves to border officials. It is also known that, in general, the person who holds a passport only knows about the travel ban 

when going through the border, where an officer of the immigration and customs service tells him that: “that person is regulated” , to which the person in question has to leave the airport and report to an office of the Ministry of the Interior to know the causes of the travel refusal. 

  • Entry Process Aspects to consider 

According to one of the -For what- of the Decree-Law 302, require to establish, along with the measures of flexibility, certain regulations that limit the effects of the aforementioned action, as well as arrange rules aimed at preserving the skilled workforce from the country. 

Thus, a minority group of people will be subject to special regulations for their departure from the country, which does not imply a prohibition, but must receive the corresponding authorization. 

On the other hand, the authorities of the country announced a group of measures complementary to Decree-Law 302, according to which the temporary entry into the country is normalized for those who emigrated illegally after the migration agreements of 1994, if more than eight years have passed from your exit. In the same situation will be health professionals and high-performance athletes who left the country after 1990, if they have spent more than eight years of that fact, except in cases that, based on humanitarian reasons, approve their entry into the country in a lower term. 

Article 24.1: For the purposes of entering the national territory, any person who falls within any of the following assumptions is inadmissible: 

  1. a) Have a history of terrorist activities, human trafficking, drug trafficking, money laundering, arms trafficking or other internationally prosecutable. 
  2. b) Being linked to acts against humanity, human dignity, collective health or prosecutable under international treaties to which Cuba is a party. 
  3. c) Organize, stimulate, carry out or participate in hostile actions against the political, economic and social foundations of the Cuban State. 
  4. d) When reasons of Defense and National Security so advise. 
  5. e) Being prohibited from entering the country, because it is declared undesirable or expelled. 
  6. f) Failure to comply with the regulations of the Migration Law, its Regulations and the complementary provisions for entry into the country. 
  7. The migration authority may place at the disposal of the competent authorities the persons included in Section 1 of this article, when the act is prosecutable in the national territory in accordance with the Law and international treaties to which Cuba is a party. 
  8. The migration authority can authorize the entry into the country of the persons included in clauses e) and f) of Section 1 of this article, when humanitarian reasons or reasons of State interest so advise. 

According to paragraph C of, those Cuban citizens residing abroad who, Organize, stimulate, carry out or participate in hostile actions against the political, economic and social foundations of the Cuban 

State, are denied entry to the country, and in The case of entering will be processed by law. For the Cuban State, any person who is critical, or stimulates a change of political, economic and social system within Cuba, is considered by state as: “regulated persons” 

Bibliography: 

  • Decree Law No. 302 Spanish (http://cubalegalinfo.com/decreto-ley-no-302-modificativo-de- la-ley-no-1312-%E2%80%9Cley-de-migraci%C3%B3n%E2%80%9D
  • Official Gazette of the Republic of Cuba. Migration Law Spanish (https://www.gacetaoficial.gob.cu/html/imigracion.html
  • The updating of the Cuban migration policy comes into effect. CubaDebate. Spanish. (http://www.cubadebate.cu/noticias/2013/01/14/entra-en-vigor-actualizacion-de-la- politica-migratoria-cubana/#.W7Ff5PbtaUk
  • The UN denounces new travel restrictions for Cuban opponents. Europa Press. Spanish (http://www.europapress.es/internacional/noticia-onu-denuncia-nuevas-restricciones-viaje- opositores-cubanos-20180511120707.html
  • They deny entry to Cuba to dissidents. MartiNoticias. Spanish (https://www.martinoticias.com/a/cuba-niegan-entrada-disidentes-cubanos/133901.html