Customs and Border Control Act (2024 Revision)

CAYMAN ISLANDS Customs and Border Control Act (2024 Revision) CUSTOMS AND BORDER CONTROL (VISAS, ENTRY AND LANDING) REGULATIONS (2025 Revision) Supplement No. 2 published with Legislation Gazette No. 7 dated 30th January, 2025. PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision). The Customs and Border Control (Visas, Entry and Landing) Regulations, 2019 made 21st January, 2019 amended by the Civil Partnership Law, 2020 [Law 35 of 2020] and the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020]. Consolidated with — Customs and Border Control (Visas, Entry and Landing) (Amendment) Regulations, 2024 made 4th June, 2024. Consolidated and revised this 31st day of December, 2024. Page 2 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Arrangement of Regulations CAYMAN ISLANDS Customs and Border Control Act (2024 Revision) CUSTOMS AND BORDER CONTROL (VISAS, ENTRY AND LANDING) REGULATIONS (2025 Revision) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................4 2. Definitions ..................................................................................................................................4 3. Prescribed forms, etc. ................................................................................................................4 4. Prescribed passport endorsement .............................................................................................5 5. Particulars to be kept by keepers of premises ............................................................................5 6. Finger printing, etc., of persons in custody .................................................................................5 7. Production of visas ....................................................................................................................5 8. Discretion of officer under section 91 .........................................................................................9 9. Power of officer to refuse entry ................................................................................................ 11 10. Arrivals and departures by air during abnormal hours .............................................................. 12 11. Exemption from the requirement to complete embarkation and disembarkation cards ............. 13 12. Visitor’s Work Visa ................................................................................................................... 13 13. Repeal ..................................................................................................................................... 14 ENDNOTES 17 Table of Endnote references: ............................................................................................................ 17 c Revised as at 31st December, 2024 Page 3 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 1 (2025 Revision) CAYMAN ISLANDS Customs and Border Control Act (2024 Revision) CUSTOMS AND BORDER CONTROL (VISAS, ENTRY AND LANDING) REGULATIONS (2025 Revision) 1. Citation 1. These Regulations may be cited as the Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision). 2. Definitions 2. In these Regulations — “Act” means the Customs and Border Control Act (2024 Revision); “Customs and Border Control” means the Customs and Border Control Service established under section 3 and includes any officer authorised to act on its behalf; and “section” means section of the Act. 3. Prescribed forms, etc. 3. A form, notice, certificate, licence, permit, warrant, book, register or other document is in the prescribed form if it has been issued or approved for the purpose by the Director. Page 4 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 4 4. Prescribed passport endorsement 4. Where permission is granted for a person to land, remain or reside in the Islands, an officer may endorse on the person’s passport or other document of identification in lieu of the person’s passport, the nature and duration of the permission, and impress, below the endorsement, the date and the officer’s signature, initials or identifying stamp. 5. Particulars to be kept by keepers of premises 5. The particulars in respect of each visitor or tourist to be kept by the keeper of premises to which section 103(1) applies are the — (a) date of arrival; (b) name; (c) nationality; (d) names of any person accompanying that visitor or tourist; (e) permanent address; (f) signature; and (g) date of departure. 6. Finger printing, etc., of persons in custody 6. A person held in custody for any purpose of the Act, may be finger-printed, required to submit physical specimens, photographed or measured in the manner prescribed for the purposes of the Police Act (2021 Revision). 7. Production of visas 7. (1) A national of any of the following countries is not required to produce a visa on landing in the Islands — (a) a country within the British Commonwealth of Nations, with the exception of — Bangladesh Cameroon Gambia Ghana India Jamaica - in respect of its nationals who are 15 years of age or older but not older than 70 years of age Nigeria Pakistan c Revised as at 31st December, 2024 Page 5 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 7 (2025 Revision) Sierra Leone Sri Lanka Uganda; and (b) any of the following countries — Andorra Japan Argentina Kuwait Austria Latvia Bahrain Liechtenstein Belgium Lithuania Brazil Luxembourg Bulgaria Malta Chile Mexico China (People’s Republic) Monaco provided holding Hong Netherlands Kong (SAR China) passports Costa Rica Norway Croatia Oman Cyprus Panama Czech Republic Peru Denmark Poland Ecuador Portugal Estonia Romania Finland San Marino France Slovakia Germany Slovenia Greece Spain Hungary Sweden Iceland Switzerland Ireland Taiwan (Republic of China) Israel United States of America Italy Venezuela (2) Notwithstanding paragraph (1), where a national of Jamaica, India or China (People’s Republic) — (a) possesses a valid visa from the United States of America, Canada, or United Kingdom; and Page 6 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 7 (b) arrives in the Islands directly from the country for which that visa was issued, the national may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (3) A person to whom section 93(b) applies or who possesses a valid re-entry permit issued under section 104 is not required to produce a visa on entering the Islands. (4) A transit passenger who is a national of any of the countries listed below is required to have a visa upon arrival in the Islands — Afghanistan Lebanon Albania Liberia Algeria Macedonia (F.Y.R. of) Angola Moldova (Republic of) Bangladesh Nepal Belarus Nigeria Burma (Myanmar) Pakistan Burundi Palestinian Territories Cameroon Rwanda China (People’s Republic of) Saudi Arabia Colombia Senegal Congo Serbia and Montenegro Cuba Sierra Leone Democratic Republic of Congo (Zaire) Somalia Ethiopia Sri Lanka Eritrea Sudan Gambia Syria Ghana Turkey India Turkish Republic of Northern Cyprus Iran Uganda Iraq Vietnam Ivory Coast Zimbabwe unless the transit passenger is arriving for any of the following purposes — (a) to join a cruise ship as a crew member within twenty-four hours of arrival; c Revised as at 31st December, 2024 Page 7 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 7 (2025 Revision) (b) to disembark from a cruise ship in the Islands in order to transfer to another cruise ship or to leave from the Islands by air within twenty-four hours of arrival; (c) to repair equipment or carry out engineering services as referred to in regulation 11(2)(p) of the Immigration Regulations (2025 Revision) for a period of not more than twenty-four hours; or (d) as an operational crew member of a commercial airline. (5) An application for a visa may be refused on the ground that the applicant — (a) is the subject of — (i) in respect of the Islands, a deportation order; or (ii) in respect of any other territory or country, an order made or in force requiring the applicant to leave and remain out of that territory or country; (b) is a prohibited immigrant; (c) has failed to satisfactorily establish the applicant’s identity and nationality; (d) has failed to satisfactorily respond to any questions regarding the accuracy of the documents supporting the applicant’s identity and nationality; (e) has failed to establish that the applicant has sufficient financial resources to support the applicant and the applicant’s dependants for the duration of the proposed stay; (f) is suspected, on reasonable grounds, of not being of good character, and as such, the applicant’s presence in the Islands would not be conducive to the public good; (g) has failed to provide requested information relevant to the applicant’s application; (h) has arrived in the Islands without obtaining the requisite permission to enter or remain in the Islands; (i) has previously failed to observe a condition attached to an earlier grant of permission to enter and remain in the Islands; (j) has previously obtained, by deception, permission to enter or remain in the Islands; (k) has failed to satisfy the visa issuing officer that the applicant will be admitted to another territory or country; (l) has failed to satisfy the visa issuing officer that the applicant will leave the Islands at the end of the applicant’s stay; (m) is suspected of seeking to enter the Islands for the purposes of obtaining, or engaging in, employment where no permission has been granted to the applicant to engage in employment; Page 8 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 8 (n) does not have a sponsor who — (i) is able to satisfy the visa issuing officer that the sponsor has sufficient financial resources to support the applicant; or (ii) has made arrangements for the applicant to be properly accommodated; or (o) has made false representations, provided false documents or given any other false information in support of the applicant’s application, whether or not the applicant is aware that the representations made, the documents provided or the information given in support of the applicant’s application are false. (6) A person in possession of a valid visa seeking permission to enter the Islands may be refused permission only where the officer is satisfied that — (a) whether or not to the holder’s knowledge, false representations were made or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the visa; (b) a change of circumstances since it was issued has removed the basis of the holder’s claim to land; or (c) the refusal is justified — (i) on medical grounds; (ii) on grounds of criminal record or bad character; (iii) on the ground of the existence of an order under paragraph 5(a) against the holder; or (iv) on the ground that the holder’s presence in the Islands would not be conducive to the public good. (7) A person whose application for a visa has been refused may not reapply until a period of twelve months has elapsed following the date of the person’s last application, unless the visa issuing officer, in the discretion of the visa issuing officer, reduces that period. 8. Discretion of officer under section 91 8. (1) In this regulation — “British tourist” means a British citizen or a British Overseas Territories citizen who has arrived in the Islands on a tourist visit; “Canadian tourist” means a citizen of Canada who has arrived in the Islands on a tourist visit; and “United States tourist” means a citizen of the United States of America who has arrived in the Islands on a tourist visit. (2) The requirements of section 91(1) may be waived by an officer in the case of a British, Canadian or United States tourist — c Revised as at 31st December, 2024 Page 9 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 8 (2025 Revision) (a) who produces on arrival in the Islands a return, round trip or through ticket showing to the satisfaction of the officer that, within six months, the tourist is entitled to proceed or return to some place in a country or territory by virtue of the tourist’s citizenship or residence; and (b) who accepts the prescribed form presented to that person by the officer on arrival and who complies with the conditions set out on the form. (3) Notwithstanding section 91(1), a person resident in the United States of America who — (a) arrives directly from that country; (b) on landing, produces a valid United States Alien Registration Card; and (c) produces a return or round-trip ticket to that country, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (4) Notwithstanding section 91(1), a person resident in Canada who — (a) arrives directly from the United States of America or Canada; (b) on landing, provides proof that that person is a permanent resident or landed immigrant of Canada; and (c) produces a return or round-trip ticket to the United States of America or Canada, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (5) Notwithstanding section 91(1), a person resident in the United Kingdom who — (a) arrives directly from the United Kingdom; (b) on landing, provides proof that the person is a permanent resident or landed immigrant of the United Kingdom; and (c) produces a return or round-trip ticket to the United Kingdom, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (6) A tourist issued with a prescribed form in accordance with paragraph (2)(b) shall — (a) retain it until the departure of the tourist from the Islands; (b) produce it to a constable or an officer if called upon to do so; and (c) surrender it to an officer at the time of the departure of the tourist, and a person who fails so to do commits an offence and is liable on conviction to a fine of two thousand dollars. (7) A tourist may establish proof of citizenship or residence by producing to an officer a photo identification together with a certified copy of one of the following — (a) a birth certificate; or Page 10 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 9 (b) a naturalisation certificate. (8) Where there are extenuating circumstances, the Director may waive the requirements of paragraph (7). 9. Power of officer to refuse entry 9. Unless a person arriving in the Islands is exempted from the requirements of the Act, the person may be refused permission to land by an officer if — (a) the person is without a passport, visa or other appropriate travel documents; (b) upon the person’s arrival, the person provides false or misleading information to an officer; (c) the person fails to provide information required by an officer for the purpose of deciding whether entry should be allowed and on what terms; (d) the person has in the past — (i) obtained a benefit by way of grant from Customs and Border Control or the previous immigration authorities by fraud or deception; or (ii) failed to observe a condition attaching to a Customs and Border Control or a previous immigration grant; (e) the person is a prohibited immigrant; (f) the person fails to satisfy the officer that the person will be admitted to another country after the person’s stay in the Islands; (g) the person’s sponsor is unwilling to give, if requested to do so, an undertaking to be responsible for the person’s maintenance and accommodation during the period of any leave granted; (h) the officer has information to the effect that — (i) it will be conducive to the public good to refuse the person leave to enter; or (ii) the person does not intend to leave the Islands at the end of the period of the person’s visit; (i) the person intends, unlawfully, to engage in gainful occupation in the Islands; (j) the person has in the person’s possession a forged, altered or irregular passport or other travel document; (k) the person intends, without having obtained the necessary student visa, to engage in formal studies in the Islands; or (l) the person has insufficient funds — (i) to adequately maintain themselves and their dependants without recourse to taking up employment; or c Revised as at 31st December, 2024 Page 11 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 10 (2025 Revision) (ii) to meet the cost of the return or onward journey. 10. Arrivals and departures by air during abnormal hours 10. (1) Where an aircraft is expected to arrive in or depart from the Islands before 7.00 a.m. or after 9.30 p.m., (“abnormal hours”), it shall be the responsibility of the airline concerned to so notify, as soon as possible, an officer, supplying the officer with details of the flight plan including — (a) the expected time of arrival or departure; (b) the number of passengers on board; and (c) any other information requested, and the officer shall lodge such communication in the Customs and Border Control shift manager’s report. (2) A fee to offset the overtime salaries payable to officers shall be levied on the airline referred to in paragraph (1) at the following half hourly rates, except that the minimum charge shall be for a period of one hour. Arrivals No. of passengers Fee per thirty minutes (a) up to sixty $159 (b) more than sixty but fewer than eighty $198 (c) eighty or more $237 Departures No. of passengers Fee per thirty minutes (a) up to sixty $82 (b) more than sixty but fewer than eighty $130 (c) eighty or more $159 (3) For the purposes of calculating the cost to the airline for the Customs and Border Control services rendered under this regulation, account shall be taken of the fact that a team of officers shall be on duty to service the flights — (a) in the case of arrivals, thirty minutes before the indicated time of arrival until ten minutes after it is cleared; and (b) in the case of departures, one hundred and twenty minutes before the indicated time of departure until the flight leaves. (4) Where there are multiple arrivals or departures during abnormal hours, the cost of the overtime customs and border control services to each airline shall be pro- rated based on the number of passengers arriving or departing on each flight. Page 12 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 11 11. Exemption from the requirement to complete embarkation and disembarkation cards 11. (1) A person in the category mentioned in paragraph (2) is exempt from the requirements of section 98(1), when disembarking in or leaving the Islands, to complete and hand to an officer immediately on arrival or departure a disembarkation card or embarkation card in the prescribed form. (2) The category comprises any person who, when disembarking in or leaving the Islands, produces for the inspection of an officer a British Overseas Territories Citizen (Cayman Islands) passport which is valid for travel by that person. 12. Visitor’s Work Visa 12. (1) A person, except a professional employee, other than a person who is ineligible for the grant of a work permit by virtue of section 66(1) of the Immigration (Transition) Act (2022 Revision), who — (a) is employed full time by a company, individual or institution outside the Islands; (b) is coming to the Islands for up to five calendar days for the purpose of engaging in commercial activity with one or more persons or entities licensed to trade in the Islands under the Trade and Business Licensing Act (2021 Revision) or any other law; (c) would otherwise require a work permit for the activity referred to in subparagraph (b); and (d) is being sponsored in accordance with subparagraph (b), may apply to an officer upon arrival at a port of entry for the grant of a visitor’s work visa. (2) An officer, upon being satisfied that the applicant under paragraph (1) — (a) is formally sponsored by one or more persons or entities licensed to trade in the Islands under the Trade and Business Licensing Act (2021 Revision) or any other law by virtue of a letter or letters (in the event that the applicant is conducting business with more than one local entity) of sponsorship in the prescribed form having been received by Customs and Border Control prior to the applicant’s arrival at the port of entry; (b) possesses a valid entry visa, if required; (c) is not a prohibited immigrant; and (d) has paid the prescribed non-refundable fee, may approve the grant of a visitor’s work visa valid for five days. (3) A person granted a visitor’s work visa under this section shall be entitled to engage in commercial activity only with the person’s sponsor or sponsors. c Revised as at 31st December, 2024 Page 13 Customs and Border Control (Visas, Entry and Landing) Regulations Regulation 13 (2025 Revision) (4) An application under subsection (1) may be refused on the ground that — (a) the applicant is required to have and does not possess a valid entry visa; (b) no letter or letters of sponsorship in the required form has or have been received by Customs and Border Control in respect of the applicant; (c) the applicant is a prohibited immigrant; (d) in the opinion of the officer, the sponsorship of the applicant is not genuine; or (e) in the opinion of the officer, the applicant’s presence in the Islands is not conducive to the public good. (5) A visitor’s work visa issued under this section shall not be extended or renewed unless the Director is satisfied that there are exceptional circumstances and only then for a further five calendar days after which the holder shall leave the Islands unless authorised to remain under any other section of the Act. (6) A person may not hold more than one visitor’s work visa for the same sponsor or sponsors in the same calendar month. (7) The fee for an application for the grant or extension of a visitor’s work visa is one hundred dollars. (8) In this regulation “professional employee” has the meaning given by section 2 of the Immigration (Transition) Act (2022 Revision). 13. Repeal 13. (1) With effect from 1st February 2019, the commencement date of the Customs and Border Control (Visas, Entry and Landing) Regulations, 2019, Regulations 18 to 26 of the Immigration Regulations (2018 Revision) are repealed. (2) With effect from 1st February 2019, the commencement date of the Customs and Border Control (Visas, Entry and Landing) Regulations, 2019, Schedule 1 of the Immigration Regulations (2018 Revision) is amended by repealing the provisions relating to the application fee for the grant or extension of a visitor’s work visa. Page 14 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) Regulation 13 Publication in consolidated and revised form authorised by the Cabinet this 21st day of January, 2025. Kim Bullings Clerk of the Cabinet c Revised as at 31st December, 2024 Page 15 Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) ENDNOTES ENDNOTES Table of Endnote references: SL# Act/Law # Legislation Commencement Gazette 13/2024 Customs and Border Control (Visas, Entry and Landing) 5-Aug-2024 LG23/2024/s1 (Amendment) Regulations, 2024 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 35/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64/2020/s1 3/2019 Customs and Border Control (Visas, Entry and Landing) 1-Feb-2019 GE6/2019/s5 Regulations, 2019 c Revised as at 31st December, 2024 Page 17 Customs and Border Control (Visas, Entry and Landing) Regulations ENDNOTES (2025 Revision) Page 18 Revised as at 31st December, 2024 c Customs and Border Control (Visas, Entry and Landing) Regulations (2025 Revision) ENDNOTES c Revised as at 31st December, 2024 Page 19 Customs and Border Control (Visas, Entry and Landing) Regulations ENDNOTES (2025 Revision) (Price: $4.00) Page 20 Revised as at 31st December, 2024 c