SUBMARINE CABLE (TELECOMMUNICATIONS RESILIENCE)

CAYMAN ISLANDS SUBMARINE CABLE (TELECOMMUNICATIONS RESILIENCE) ACT, 2025 (Act 13 of 2025) Supplement No. 1 published with Legislation Gazette No. 54 dated 18th December, 2025. PUBLISHING DETAILS Page 2 Act 13 of 2025 c Submarine Cable (Telecommunications Resilience) Act, 2025 Arrangement of Sections CAYMAN ISLANDS SUBMARINE CABLE (TELECOMMUNICATIONS RESILIENCE) ACT, 2025 (Act 13 of 2025) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................4 2. Interpretation .............................................................................................................................4 3. Power to enter into agreement regarding construction and operation of a submarine cable connection .................................................................................................................................6 4. Selection of commercial partner .................................................................................................6 5. Obligations relating to certain telecommunications cable infrastructure ......................................7 6. Government to pay fixed sum to commercial partner in tranches ...............................................8 c Act 13 of 2025 Page 3 Section 1 Submarine Cable (Telecommunications Resilience) Act, 2025 (Act 13 of 2025) CAYMAN ISLANDS I Assent, Jane Owen Governor Date: 17th December, 2025 SUBMARINE CABLE (TELECOMMUNICATIONS RESILIENCE) ACT, 2025 (Act 13 of 2025) AN ACT TO EMPOWER THE CAYMAN ISLANDS GOVERNMENT TO ENTER INTO AN AGREEMENT WITH A COMMERCIAL PARTNER FOR THE PURPOSES OF CONSTRUCTING AND OPERATING A SUBMARINE CABLE CONNECTION TO ENHANCE THE NATIONAL RESILIENCE OF THE CRITICAL ICT INFRASTRUCTURE OF THE ISLANDS; TO SECURE THE ISLANDS’ TELECOMMUNICATIONS AND CONNECTIVITY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. Short title 1. This Act may be cited as the Submarine Cable (Telecommunications Resilience) Act, 2025. 2. Interpretation 2. In this Act — “beach manhole” means an underground structure located on or near where a submarine cable comes ashore and is joined to the terrestrial cable that connects to the cable landing station; Page 4 Act 13 of 2025 c Submarine Cable (Telecommunications Resilience) Act, 2025 Section 2 “cable landing station” means a facility at which a submarine cable system terminates and then connects to the national telecommunications networks of retail telecommunications service providers; “commercial partner” means a legal entity, other than an entity as defined under the Procurement Act (2023 Revision), contracted with the Cayman Islands Government for the delivery of the submarine cable system to improve national resilience by enhancing critical ICT infrastructure; “critical ICT infrastructure” has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); “ICT network” has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); “ICT service” has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); “licensee” means a person to whom a licence for the provision of an ICT network or an ICT service, or both, is granted under the Information and Communications Technology Act (2019 Revision); “national resilience” means the capacity of the Islands’ telecommunications infrastructure to maintain or quickly restore functionality in the event of disruption, including disruption to the submarine cable system due to cable cuts, natural disasters, equipment failure or other emergencies; “project” means the construction and operation of a new submarine cable connection for the Islands in accordance with an agreement referred to in section 3; “submarine cable” means a telecommunications cable laid on or beneath the seabed of the Islands and used, or intended to be used, for the transmission of communications as part of a submarine cable system; “submarine cable backhaul” means the portion of the telecommunications network that links the cable landing station to licensed telecommunications retail service providers’ facilities or network; “submarine cable fronthaul” means the segment of a submarine cable system that connects the cable landing station with the beach manhole; “submarine cable system” means a telecommunications cable infrastructure comprised of — (a) a submarine cable; (b) cable landing stations; (c) beach manholes; (d) submarine cable fronthauls; (e) submarine cable backhauls; and (f) associated infrastructure, c Act 13 of 2025 Page 5 Section 3 Submarine Cable (Telecommunications Resilience) Act, 2025 used or intended to be used, for the transmission of communications; “telecommunications network” means a system of telecommunications equipment, such as a submarine cable system or retail service provider network, that enables the conveyance of signals between defined termination points; and “terrestrial cable” means a telecommunications cable on land. 3. Power to enter into agreement regarding construction and operation of a submarine cable connection 3. (1) Notwithstanding any other Act, for the purposes of — (a) enhancing the national resilience of the Islands’ critical ICT infrastructure; and (b) securing the Islands’ telecommunications and connectivity, the Cayman Islands Government may enter into an agreement with a commercial partner who shall be responsible for constructing and operating a new submarine cable connection for the Islands. (2) The terms of the agreement referred to in subsection (1) shall include the following — (a) the means by which the continued operation of the submarine cable system may be assured; (b) provisions regarding termination of the agreement; (c) the obligations of parties related to the handover of the project; and (d) provisions regarding risk allocation. (3) The means by which the continued operation of the submarine cable system may be assured in accordance with subsection (2)(a) may include continuation of the system pursuant to the exercise by the Cayman Islands Government of step-in rights. 4. Selection of commercial partner 4. (1) In selecting the commercial partner, the Cayman Islands Government shall comply with the Procurement Act (2023 Revision). (2) In delivering the project, the commercial partner shall be required to comply with all the obligations and requirements with which a licensee is required to comply under — (a) the Information and Communications Technology Act (2019 Revision); (b) the Utility Regulation and Competition Act (2024 Revision); and (c) any other applicable law. Page 6 Act 13 of 2025 c Submarine Cable (Telecommunications Resilience) Act, 2025 Section 5 5. Obligations relating to certain telecommunications cable infrastructure 5. Where telecommunications cable infrastructure is constructed and owned by the Cayman Islands Government for the purposes of the project — (a) for the period specified in the agreement during which the commercial partner operates that infrastructure, the commercial partner shall be required to comply with all the obligations and requirements with which a licensee is required to comply in respect of that infrastructure under — (i) the Information and Communications Technology Act (2019 Revision); (ii) the Utility Regulation and Competition Act (2024 Revision); and (iii) any other applicable law; and (b) where the period referred to in paragraph (a) ends or the Cayman Islands Government exercises any step-in rights or any other right of the Cayman Islands Government to ensure the continued operation of the submarine cable system, the Cayman Islands Government shall be required to comply with all the obligations and requirements with which a licensee is required to comply in respect of that infrastructure under — (i) the Information and Communications Technology Act (2019 Revision); (ii) the Utility Regulation and Competition Act (2024 Revision); and (iii) any other applicable law. c Act 13 of 2025 Page 7 Section 6 Submarine Cable (Telecommunications Resilience) Act, 2025 6. Government to pay fixed sum to commercial partner in tranches 6. (1) The Cayman Islands Government, in accordance with subsection (2), shall pay to the commercial partner a fixed sum authorized by and appropriated in accordance with the Public Management and Finance Act (2020 Revision), for the purposes to be delivered under the project for the duration of the project. (2) For the purposes of subsection (1) — (a) the Cayman Islands Government shall pay the fixed sum in several tranches over the duration of the project; and (b) each tranche shall be disbursed to the commercial partner in accordance with the terms of the agreement. Passed by the Parliament the 12th day of December, 2025. Hon. D. Ezzard Miller Speaker Patricia Priestley Assistant Clerk of the Parliament Page 8 Act 13 of 2025 c