- What changed
- Gaceta Oficial No. 85 Ordinaria (12 October 2026) publishes Decreto-Ley 135/2026 “De Petróleo y Gas” (Council of State) and its implementing regulation, Decreto 184/2026 (Council of Ministers). They replace the 1938 Ley de Minerales Combustibles and Ley 635 of 1959 and regulate exploration, production, refining, transport, storage and commercialization of oil, gas and derived products, onshore and offshore. The Decreto-Ley applies to national and foreign natural and legal persons, but any participation requires prior authorization (Art. 20). Exploration and production require approval by the Council of State and an enabling title granted by the Council of Ministers (Arts. 22–23), through a production-sharing contract, an oil concession, an oil-services contract or other legally recognized forms of association (Art. 21). Production-sharing contracts run for up to 40 years, extendable by up to 10 years (Art. 28); concessions are awarded by open or restricted tender and run for up to 30 years, extendable by up to 10 years (Arts. 31–32). Under Decreto 184/2026 (Art. 13), Cuban MiPyMEs, private companies with more than 100 workers and non-agricultural cooperatives may apply to carry out exploration and production on their own under the concession modality, subject to approval by the Council of Ministers; foreign persons participating on their own do so under the foreign-investment modalities (Art. 14). Refining may be carried out by authorized persons individually or in association (Art. 53). Oil and gas deposits remain the socialist property of the whole people and are inalienable (Art. 3). The Decreto-Ley enters into force seven days after publication, i.e. on 19 October 2026; Decreto 184/2026 contains the same seven-day provision.
- Who it affects
- Foreign investors and energy companies · Cuban MiPyMEs, larger private companies and non-agricultural cooperatives · Oil-field service, logistics and construction providers · Owners and users of industrial, storage and warehouse property · Hospitality and commercial operators dependent on fuel and electricity
- What it means in practice
- The framework creates a legal route — not an automatic right — for private and foreign participation along the oil and gas value chain. Each project still requires accreditation, registration in the Registro Central Minero Petrolero before activities start, and case-by-case approval at the highest level of government; the Ministry of Finance and Prices has yet to issue the related fiscal rules. Over time, authorized projects may create demand for industrial land, storage, warehousing, logistics, construction and technical services, and could eventually affect energy availability for businesses and hospitality. No timeline for such effects can yet be assumed.
- CPS note
- This legislation does not transfer ownership of oil or gas resources, does not grant concessions or exploration rights automatically, and does not create property-ownership or residency rights. It also does not change U.S. sanctions: energy-related transactions involving Cuba remain particularly sensitive under U.S. rules, and banks, insurers and equipment suppliers apply their own compliance policies. Cuban authorization requirements and sanctions exposure should be assessed separately. Official source: Gaceta Oficial de la República de Cuba, No. 85 Ordinaria, 12 October 2026.