APIS LAW 2018 CAYMAN ISLANDS OVERVIEW PACKAGE

OVERVIEW OF THE LAW

The Advance Passenger Information Law, 2018 facilitates the provision of advance passenger information (API) relating to passengers and crew members of an aircraft or maritime vessel and makes provision for the sharing of that information with other partner jurisdictions for the purpose of enhancing border security. This would require all aircrafts and maritime vessels (commercial and private), bound for and departing from the Cayman Islands, to transmit Advance Passenger Information (API) on all passengers and crew members, to the Joint Regional Communication Centre (JRCC).

The Law states:
(1) This section applies to an aircraft or vessel which –

(a) is expected to arrive in the Islands; or
(b) is expected to depart from the Islands,

but does not apply to a registered, recreational sports fishing vessel.

The Cayman Islands Government has designated JRCC, an operational agency of the Caribbean Community (CARICOM) Implementation Agency for Crime and Security (IMPACS), as the entity responsible for the collection and collation of API on their behalf.

All new and existing aircraft (private and commercial) and agents acting on their behalf are required to contact the JRCC to obtain further details on registering for Advanced Passenger Information (API) submissions.

COMMENCEMENT OF APIS

The initial commencement of the APIS law will pertain solely to commercial aircrafts, persons operating privately owned aircrafts and agents acting on behalf of privately own aircrafts.
Operators and agents acting on behalf of privately owned aircraft will be required to use an eAPIS portal and submit their information electronically. Commercial airlines will continue to submit their API data via the current channels. Although Maritime APIS is encompassed within the APIS Law, it will commence at a later date.

PURPOSE

The purpose of APIS is to assist CBC in efforts to:
• identify potential threats or risks to security and public safety; and
• coordinate with carriers and foreign law enforcement partners and IC (Intelligence Community) to prevent the entry/departure (as the case may be) of a person(s) of interest to the Cayman Islands.

TIMEFRAME – SUBMISSION OF APIS INFORMATION:

For commercial aircrafts –
(a) arriving to the Islands, no later than sixty minutes prior to departure from the last port of call; and
(b) departing from the Islands, in three intervals of –
(i) seventy minutes prior to departure;
(ii) fifty-five minutes prior to departure; and
(iii) no later than fifteen minutes after wheels up.

In the case of a privately owned aircraft, as well as agents acting on their behalf –
(a) arriving to the Islands, no later than sixty minutes prior to departure from the last port of call; and
(b) departing from the Islands, no later than sixty minutes prior to departure.


APIS FREQUENTLY ASKED QUESTIONS

Will aircrafts and maritime commence at the same time? – Actually, no. The aircraft requirement for APIS will commence first and maritime will follow at a later date.

How do I provide my Advance Passenger Information (API)? – The process for commercial aircrafts remain the same (sending UN/EDIFACT files through standard channels such as ARINC or SITA) however, private aircrafts must visit the eAPIS portal, create an account and submit electronically.

What do the authorities do with the information they collect? – IMPACS will use the APIS data to conduct screening of crew members and passengers on aircraft and vessels that enter into, depart from and travel within the region. IMPACS will screen against Watch Lists in order to provide information to assist participating countries in identifying potential threats/risks to security and/or public safety. IMPACS may also share the information with any national, regional or international intelligence, law enforcement or security agencies approved by the Council for National Security and Law Enforcement in CARICOM (CONSLE) with the purpose of furthering national, regional or international security.

Can I provide my information to JRCC before the law commences? – Yes, this is highly encouraged. Contact via email qa@impacsjrcc.org or via phone at (246) 538-7900.

Is APIS new? – Not really. Commercial flights already provide API data arriving or departing from the Cayman Islands. What is new is that this information is now needed in advance and required for all aircraft and maritime vessels, private and commercial.

So what is new?
• Continuation of API transmission requirements for commercial aircraft, and extension of the requirement to include private aircraft.
• Continuation of API transmission responsibilities for captains of commercial aircraft, and extension of the responsibilities to include the owner or pilot designated by the owner as being in command of a private aircraft, and local agents.
• Transmission of API to JRCC (standard commercial methods as well as eAPIS).
• API header requirements as set out in schedule 1 of the law.
• API transmission timeframes requirements as set out in schedule 2 of the law .
• Penalties for non-compliance.
• Exemptions.

If I already submit API, what changes should I expect? – Commercial aircrafts would continue to submit passenger/crew manifests in UN/EDIFACT format. However, there will need to be some configuration changes on their systems to accommodate this as well as changes to the Teletype address which will now need to point to JRCC. All other aircrafts will need to submit their details via JRCC’s eAPIS portal.

Is there an additional cost for submitting API to JRCC? – No, there is no additional cost to report using JRCC.

Will other declarations still need to be provided? – Other requirements for entry and landing into
the Cayman Islands remain in effect.


API KEY TERMS

API – API means advanced passenger information.
APIS – Advance Passenger Information System.
eAPIS – Electronic Advance Passenger Information System. An online portal used to submit API for private aircraft and all maritime vessels.
JRCC – Joint Regional Communication Centre which is a sub-agency of IMPACS.
INTERPOL – International Crime Police Organisation.
CONSLE – Council for National Security and Law Enforcement in CARICOM.
IMPACS – Implementing Agency for Crime and Security established under the 2006 Agreement establishing the CARICOM Implementing Agency for Crime and Security.
Vessel – Any ship, boat, yacht, or other floating or submersible transportation by means of which persons and goods can travel across international borders and for the avoidance of doubt includes a cruise line, a cargo ship and a tug boat.
Aircraft – Includes an airplane or a helicopter or other means of airborne navigation by means of which persons can travel across international borderscaptain” means the pilot of an aircraft designated by the operator, or in the case of general aviation, the owner or pilot designated by the
owner, as being in command and charged with the safe conduct of the flight.
Private Aircraft – Any aircraft which is not –
(a) a commercial aircraft; or
(b) an aircraft owned or leased by the Government
Local Agent – means;
(a) the owner of an aircraft or a vessel, if the owner is in the Islands;
(b) any corporate body owning or operating, whether under charter or otherwise, the aircraft or vessel for the time being, where such corporate body maintains an office in the Islands; or
(c) the agent in the Islands for the person or corporate body for the time being owning or operating the aircraft or vessel.