Wine Law

434 WINE LAW Despite this, there are still various problems to be solved in the current Cuban reality concerning to self-employment, the first being the fact that Cuban legislation does not define the legal status of the self-employed. Furthermore, even though the conceptualisation of the economic model recognises that natural persons can undertake business in the form of private enterprises of medium, small or micro-scale, according to the volume of activity, number of workers and social purpose, being recognised as legal persons, the necessary Enterprise Act has not yet been issued. The Cuban cooperative environment is made up of traditional agricultural cooperatives, in their two forms, production cooperatives and credit and service cooperatives (Law No. 95 on Agricultural Production Cooperatives and Credit and Service Cooperatives, which repealed the 1982 Law of the same name 32 . With the updating of the economic model, non-agricultural cooperatives have emerged. Accordingly, in 2012, Decree-Law No. 305 “On non-agricultural cooperatives” was approved and its Regulations by Decree No. 309/12 33 . The Cuban doctrine that studies the new subjects of the country’s economy and their impact on the economic and social model identify unresolved problems in terms of factors, such as access to the market, freedom of association, publicity of offers and their autonomy. At the end of 2018, according to official figures of the Foreign Investment Opportunities Portfolio 2019-2020, the largest amount of business with foreign investment in Cuba was carried out under the modality of International Economic Association Contracts – for 50% of the total –, within these, Hotel Management Contracts predominated; it was followed by the modality of Mixed Companies with 35%; and 70% of the active businesses were concentrated in the tourism, energy and mining and industry sectors 34 . As of August 2020, new legal regulations governing export and import operations between foreign trade entities and non-state forms of management came into force ( Official Gazette of the Republic no. 59). In this regard, Resolution 32 See : http://www.parlamentocubano.gob.cu/index.php/documento/ley-de-cooperativas- agropecuarias/. 33 See : https://proyectoinventario.org/wp-content/uploads/GO_X_053_2012.pdf. According to Article 1 of Decree-Law 305: “The cooperative is an organisation with economic and social purposes, which is constituted voluntarily on the basis of the contribution of goods and rights and is based on the work of its members, whose general objective is the production of goods and the provision of services through collective management, for the satisfaction of the social interest and that of the members. The cooperative has legal personality and its own assets; it uses, enjoys and disposes of the goods it owns; it covers its expenses with its income and is responsible for its obligations with its assets”. 34 Cartera de Oportunidades 2019-2020, available in: http://www.procuba.cu/sites/default/files/carteraoportunidades/cartera_de_oportunidades_de_inversi on_extranjera_2019-2020_mincex_web.pdf.