Legal Research in Cuba

By Yasmin Morais

Yasmin Morais is the Foreign, Comparative, and International Collection Development Librarian at Harvard Law School Library. Before that, she was the Head of Collection Services at the Mason Law Library, University of the District of Columbia. Yasmin earned the degrees of BA (Spanish) and MSc (Government, with a focus on International Relations) from the University of the West Indies, (Mona), an LLB (Hons.) from the University of London, and an MLIS from the University of Toronto. Yasmin is a member of the Committee on Relations with Information Vendors (CRIV) and a co-editor of the CRIV Connection blog. She was also the Chair of the Latin American Law Interest Group, Foreign, Comparative and International Law Section (FCIL), American Association of Law Libraries (AALL) from 2017-2019.

Published September/October 2024

(Previously updated in September 2018)

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1. Introduction

This research guide was created to assist with researching Cuban Law. Cuba is currently a member of the United Nations, the Non-Aligned Movement, and the Association of Caribbean States. For the past fifty-one years, Cuba has also maintained strong ties to member states of the Caribbean Community (CARICOM), although it is not a member of the group.

There has been much fluidity in Cuban law and politics in recent times, and particularly more so within the last decade because of fast-moving political, economic, and social changes in Cuban society, as well as the response of the United States to those changes. In December 2014, the United States moved to restore diplomatic relations with Cuba. By January 2015, the Obama Administration announced new rules to ease trade and travel restrictions. The April 2015 Summit of the Americas in Panama marked the first meeting in over fifty years between leaders of the United States and Cuba. Cuba was removed from the list of state sponsors of terrorism, and on July 20, 2015, the United States resumed diplomatic relations with Cuba with the re-opening of the United States Embassy in Havana. This ushered in a period of expansion of travel and commerce and increased access to communication for Cubans.

Since this guide was created in 2015, however, there have been changes in administration in both Cuba and the United States, resulting in new policies. During the Trump presidency (2016-2020), the National Security Presidential Memorandum (NSPM) of June 2017 aimed to redefine the administration’s policy towards Cuba. Amendments to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR) became effective on November 9, 2017, creating changes to sanctions against Cuba. The main aims are to re-direct economic activities away from the Cuban military and other security forces and allow support for the private sector. New travel restrictions were also imposed on United States citizens. Among the changes were: individual travel was no longer allowed, with U.S. citizens required to travel as part of a group and not allowed to patronize a list of hotels associated with the Cuban military and security forces. Under the Biden administration, a new Cuban policy was announced in May 2022 which focuses on holding the Cuban government accountable for human rights abuses, while simultaneously increasing support for Cuban citizens. Some measures include assistance for family reconnections through more scheduled flights, and support for entrepreneurship, including expanding remittances.

Havana Syndrome

In 2016, employees at the U.S. Embassy in Havana began experiencing symptoms that included dizziness, hearing loss, and problems with cognition. These symptoms would later become known as Anomalous Health Incidents, or “Havana Syndrome.” In response to this development, the U.S. State Department withdrew all non-essential personnel and began investigations. The Helping American Victims Afflicted by Neurological Attacks (Havana Act) of 2021 expanded the authority of the State Department to support employees and their families who experienced Havana Syndrome. Several reports were also prepared by the National Institutes of Health (NIH) on the condition. The U.S. Embassy in Havana has reduced its operations and currently offers only limited visa services.

For updates on U.S.-Cuba relations, see the U.S. Embassy in Cuba website (Accessed May 20, 2024).

2. Country Data

The Republic of Cuba is an island state located in the northwestern Caribbean. In addition to the mainland, there is a territorial claim to the Isla de Juventud (Isle of Youth) and several other smaller islets. Havana, located in the northwestern section of the island, is the capital and Cuba’s largest city. The United States, The Bahamas, and the Turks and Caicos Islands are north of Cuba, while Haiti and the Dominican Republic are east, and Jamaica and the Cayman Islands are south of the island. Cuba’s total land mass is 109,886 kilometers. Cuba is divided into 14 provinces and 169 municipalities. At the end of the 2012 census, Cuba’s population was approximately 11.2 million. There is currently a dual currency system in place. The official currency is the Cuban Peso (CUP). However, Cuban Convertible Pesos (CUC), which is pegged to the U.S. dollar, is also legal tender and is used mainly in tourism, stores, restaurants, and foreign trade.

3. A Brief History

Spanish settlement and colonization of Cuba began after the arrival of Christopher Columbus in 1492. San Cristobal de Habana (present-day Havana) was founded in 1515. France briefly seized control of Cuba from the Spanish in 1555. Cuba’s desire for independence from Spain resulted in three phases of struggle: The Ten Year’s War (1868-1878), a smaller conflict (1879-1880), and the Cuban War of Independence (1895-1898). The intervention of the United States in the conflict in 1898 resulted in a three-month war with Spain, known as the Spanish-American War, which was ended by the Treaty of Paris.

As a result of the Platt Amendment, the United States occupied Cuba in 1906-1909, 1917, and 1921. The 1930s and 1940s saw the rise of dictatorships under Presidents Gerardo Machado and Carlos Manual Cespedes and a brief revolution that brought Fulgencio Batista to power. After brief periods of democracy under Presidents Grau San Martin and Carlos Prio Socarras, Fulgencio Batista again led a coup d’état in 1952 and assumed power.

On January 1, 1959, Fidel Castro Ruz, leading the 26th of July Movement, (Movimiento 26 de Julio), seized power in the Cuban Revolution, ushering in a one-party communist system of government. In October 1960, the United States imposed an embargo on Cuba and ended diplomatic relations in 1961. After failed attempts to oust Castro, such as the Bay of Pigs Invasion, heightened US-Cuba tensions resulted in The Cuban Missile Crisis of October 1962 as Cuba moved closer to the former Soviet Union. In 1996, the United States Congress passed the Helms-Burton Act, which introduced tougher sanctions against Cuba, including sanctions against third-party states, companies, or individuals engaged in commerce with Cuba. In July 2006, an ailing Fidel Castro transferred power to his brother, Raul Castro Ruz. On November 25, 2016, Fidel Castro, who ruled Cuba over eleven U.S. administrations, died at the age of 90.

4. The Cuban Constitution

Since attaining independence from Spain, Cuba has been governed by six constitutions: 1901, 1934, 1940 and 1976, 2002, and after a referendum held on February 24, 2019, the most recent constitution came into force on April 10, 2019, after publication in the Gaceta Oficial. Some important changes to the constitution include the recognition of private property and foreign direct investment; no discrimination on gender, race, ethnicity, disability, sexual orientation, and gender identity; the position of Prime Minister is restored; an age limit of 60 years for Presidents beginning their first term; and two five-year term limits for the presidency. For more details on the current Cuban Constitution, see the Law Library of Congress Cuba Profile.

5. Government

5.1. Executive Branch

Executive power operates through the Council of State and the Council of Ministers. Cuba’s sole political party is the Cuban Communist Party, the PCC (Partido Comunista de Cuba). On April 18, 2018, Miguel Diaz-Canel Bermúdez was selected to succeed Raul Castro as President of the Council of State and the Council of Ministers. Salvador Valdes Mesa was elected First Vice President in 2018, thereby assuming Diaz-Canel’s previous position. In Cuba’s most recent elections held in March 2023, Diaz-Canel was re-elected to serve another five-year term. Manuel Marrero Cruz is the current Prime Minister, and he assumed this position in December 2019 after it was re-established. The position of Prime Minister was abolished in 1976.

5.2. Legislative Branch

Under the Cuban Constitution, legislative power rests with the unicameral National Assembly of People’s Power (Asamblea Nacional del Poder Popular), which is the principal body of state power. Ley No. 131/2019 is the legislation that regulates the structure and operation of the National Assembly. Elections were last held in Cuba on March 26, 2023, to elect members of this body. The National Assembly meets twice each year and is responsible for appointing the members of the Council of State. Currently, there are 470 seats in this body, after a reduction from 605 after the 2023 election. Based on demographic statistics from this website (accessed May 13, 2024), 55.7% of the members are women, the average age is 46 years old with 19.79% between the ages of 18 and 35 years old, 94.04% are university graduates, and 45.11% are Black and mixed race. Juan Esteban Lazo Hernandez is the President of the National Assembly, Ana Maria Mari Machado is the vice president, and Homero Acosta Alvarez is the Secretary.

5.3. Judicial Branch

The People’s Supreme Court, (Tribunal Supremo Popular) is headquartered in Havana and exercises jurisdiction over the entire Republic. It consists of a Court President, Vice-President, 41 professional justices, and lay judges. Justices are elected by the National Assembly for 2 ½ year terms, and lay judges are appointed to serve 5-year terms. There are also provincial courts, municipal courts, and military courts.

7.1. Cuban Government Websites

7.2. Hearings

7.4. Libraries

7.5. Books

  • Bastien, Hope, Brenner, Philip, Kirk, John M. & LeoGrande, William M. (eds.). Contemporary Cuba: The Post-Castro Era. Rowman & Littlefield, 2023.
  • Brummer, Klaus. A Leader-Centered Theory of Foreign Policy Change: U.S. Foreign Policy Towards Cuba Under Obama. Bristol University Press, 2024.
  • Cearns, Jennifer. Circulating Culture: Transnational Cuban Networks of Exchange. University Press of Florida, 2023.
  • Chomsky, Aviva. A History of the Cuban Revolution. 2d ed.: Wiley-Blackwell, 2015.
  • Chomsky, Aviva. The Cuba Reader: History, Culture, Politics. Duke University Press Books, 2004.
  • Cot, Jose R. and Anillo, Rolando. Cuba: A Legal Guide to Business. Thomson-Reuters, 2016.
  • Erisman, Michael & John M. Kirk (eds.). Cuban Foreign Policy: Transformation Under Raul Castro. Rowman & Littlefield Publishers, 2018.
  • Farber, Samuel. Cuba since the Revolution of 1959: A Critical Assessment. Haymarket Books, 2011.
  • Farber, Samuel. The Origins of the Cuban Revolution Reconsidered. University of North Carolina Press, 2006.
  • Garibaldi, Oscar M. Expropriated Properties in a Post-Castro Cuba: Two Views. Miami Institute for Cuban and Cuban American Studies, University of Miami, 2003.
  • Gordon, John D. “This Practice Against Law:” Cuban Slave Trade Cases in the Southern District of New York, 1839-1841. Talbot Publishing, 2016.
  • Gott, Richard. Cuba: A New History. Yale University Press, 2005.
  • Grant, Julienne E., Sergio D. Stone & Marisol Floren-Romero (eds.) Guide to Cuban Law and Legal Research. 45.2 International Journal of Legal Information 76 (Summer 2017).
  • Guerra, Lillian. Heroes, Martyrs, and Political Messiahs in Revolutionary Cuba, 1946-1958. Yale University Press, 2018.
  • Guerra, Lillian. Visions of Power in Cuba: Revolution, Redemption and Resistance, 1959-1971. University of North Carolina Press, 2014.
  • Hayden, Tom and Alarcon, Ricardo. Listen, Yankee!: Why Cuba Matters. Seven Stories Press, 2017
  • Hernandez, Rafael & Dominguez, Jorge I. U.S.-Cuban Relations in the 1990s. Routledge, 2018.
  • Huddleston, Vicki. Our Woman in Havana: A Diplomat’s Chronicle of America’s Long Struggle with Castro’s Cuba. The Overlook Press, 2018.
  • Karlsson, Hakan & Acosta, Tomas Diez. The Johnson Administration’s Cuba Policy: From “Dirty War” To Passive Containment. Routledge, 2021.
  • Kelly, Michael J. (ed.) The Cuba-US Bilateral Relationship: New Pathways and Policy Choices. Oxford University Press, 2019.
  • LeoGrande, William M. & Kornbluh, Peter. Back Channel to Cuba: The Hidden History of Negotiations between Washington and Havana. University of North Carolina Press, 2014.
  • Ness, Gabriel. An Exile Revisits Cuba: A Memoir of Humility. McFarland and Company, Inc., 2016.
  • Perez, Louis A. Cuba: Between Reform and Revolution. 5th ed. Oxford University Press, 2014.
  • Perez-Stable, Marifeli (editor). Looking Forward: Comparative Perspectives on Cuba’s Transition. University of Notre Dame Press, 2007.
  • Joaquin Roy. Cuba, the United States, and the Helms-Burton Doctrine: International Reactions. Gainesville: University Press of Florida, 2000.
  • Schincariol, Vitor Eduardo & Vasconcelos, Joana Salem. Cuba and the Economic Policies of Peripheral Socialism: Recent Reforms in a Historical Perspective. Routledge, 2024.
  • Segrera, Francisco Lopez. The United States and Cuba: From Closest Enemies to Distant Friends. Rowman and Littlefield, 2017.
  • Staten, Clifford L. The History of Cuba. Palgrave Macmillan, 2005.
  • Sweig, Julia E. Cuba: What Everyone Needs to Know. Oxford University Press, 2012
  • Tarrago, Rafael E. Understanding Cuba as a Nation: From European Settlement to Global Revolutionary Mission. Taylor and Francis, 2017.
  • White, Nigel D. The Cuban Embargo under International Law: El Bloqueo. Routledge, 2015.

7.6. Journals

7.7. Newspapers, Radio, and Television Stations

The following is a selection of media within, and outside of Cuba. Reporters Without Borders in their 2024 report on press freedom has ranked Cuba 168, with a score of 25.63.

7.8. Blogs

8. General Sources