Compliance
Clear rules. In writing.
The laws that apply to each order, what we check and what we never do. Each law links to its official source.
Who we are
SOLVENTARA S.L. (in formation) is a Spanish trading company based in Valencia. Tax ID [CIF en trámite]. EORI [EORI en trámite] (the EU number that identifies us at customs). We buy everyday goods and hygiene products from manufacturers and sell them to private Cuban businesses. We hand over the goods in Valencia (FCA Valencia) or loaded on the ship at the port of origin (FOB).
Is it legal to sell to a Cuban mipyme from Spain?
Yes. The European Union has no sanctions regime against Cuba and has a cooperation agreement with it. Since September 2026 mipymes can import directly with prior authorisation. The real risk is not in the product. It is in who buys, who pays and who carries the goods, and that is what we check.
Our position between the EU and the US
We are a European company and operate under Spanish and EU law, including Regulation (EC) 2271/96, which prevents EU companies from complying with certain US laws on Cuba. At the same time, as our own risk management decision, we do not deal with anyone on the EU, UN or OFAC SDN sanctions lists (OFAC is the US Treasury office that keeps the SDN list of sanctioned people and companies). This protects our clients, our suppliers and the banks that handle each payment.
Legal framework
Spain and European Union
- Union Customs Code. Every shipment leaves Spain with an export declaration filed at customs and our EORI number [EORI en trámite]. Reg. (EU) 952/2013
- VAT. Goods sold for export pay no Spanish VAT. The export declaration is our proof. Law 37/1992, art. 21
- Dual use. This covers goods that could also have a military use. None of our products appears in its Annex I. Reg. (EU) 2021/821
- Blocking Statute. Protects EU companies against some foreign laws on Cuba that try to apply outside their own country (Helms Burton and part of the CACR). It does not cover US Executive Order 14404, and it does not force a bank to keep an account open. Reg. (EC) 2271/96
- EU Cuba relations. Political Dialogue and Cooperation Agreement, provisionally applied since 2017. OJ L 337I, 13/12/2016
- Personal data. GDPR, Spanish Organic Law 3/2018 and Law 34/2002 (LSSI). GDPR
Cuba
- Direct imports by mipymes. Decree Law 133/2026 (in force since 09/09/2026) and MINCEX Resolution 126/2026: each buyer needs its own authorisation before importing, and we ask to see it. Official Gazette, 02/09/2026
- Foreign currency accounts abroad. Resolution 103/2026 of the Ministry of Economy and Planning (art. 14) allows accounts abroad, reported to the Central Bank and the tax office. Central Bank Resolution 102/2026 covers foreign currency accounts in Cuban banks. This is what lets you pay us from an account outside Cuba. Official Gazette no. 76, 10/09/2026
- E commerce. Agreement 10216/2025: this is why we have no online store for Cuba and do not publish sale prices.
United States, as a risk we manage
- Executive Order 14404 (01/05/2026). Allows the US to sanction anyone working in certain Cuban sectors, such as energy, defence or financial services. We do not sell to those sectors. OFAC FAQ 1251
- Discretionary designation. OFAC decides case by case. Private businesses are not automatically exempt, so we check every buyer and payer. OFAC FAQ 1256
- 50 % rule. A company owned 50 % or more by a sanctioned party counts as sanctioned too. That covers subsidiaries of GAESA, MININT and MINFAR. None of them is our client, supplier or carrier. OFAC FAQ 1258
- US content. No more than 10 % of the parts in our products come from the US. EAR, 15 CFR 734.4
- Humanitarian carve out. FAQ 1264 covers food, medicine and medical devices. Hygiene products are not named. So we do not rely on it: what we check is who we deal with, not the product. OFAC FAQ 1264
What we never do
What we check on every operation
- Client: we register you with your documents before sending the first final quote.
- Lists: we check the client, its owners, the payer and the freight agent against EU, UN, OFAC SDN and the Cuba Restricted List.
- Payment: the account that pays is outside Cuba and we know who owns it.
- Product: TARIC customs code, country of origin and US content checked.
- Transport: we check the shipping line and the freight agent before booking.
- Records: we keep everything on file for 5 years.
Why we deliver in Valencia
We hand over the goods in Valencia (FCA) or on board the ship at the port of origin (FOB). Either way, ownership changes in the EU with full EU customs paperwork. The sea freight and entry into Cuba are the responsibility of the buyer or its importer. Even so, we check the shipping line and the freight agent. Our quote includes an estimated cost to Havana, so you know what the goods will cost you once they arrive.
Regulatory change log
- 10/09/2026
- BCC Res. 102/2026 (foreign currency accounts) and MEP Res. 103/2026 (accounts abroad).
- 03/09/2026
- OFAC sanctions Banco Exterior de Cuba. We do not accept payments from it.
- 02/09/2026
- DL 133/2026 published (in force 09/09) and MINCEX Res. 126/2026: direct imports by mipymes with prior authorisation.
- 06/08/2026
- OFAC FAQ 1264: exception for food, medicine and medical devices.
- 13/07/2026
- OFAC sanctions GECOMEX and GEMAR (shipping and ports). This is why we deliver in Valencia.
- 23/06/2026
- OFAC sanctions RAFIN and BFI.
- 01/05/2026
- US Executive Order 14404.
Compliance questions
If you are a bank, freight agent, supplier or client and need our signed policy or have a question, write to us.
General information, not legal advice. Reviewed 2026-09-29.