BERMUDA 2007 : 24 BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (No. 2) ACT 2007 Date of Assent: 2 July 2007 Operative Date: Notice in Gazette WHEREAS it is expedient to amend the Bermuda Immigration Protection Act 1956: Be it enacted by The Queen's Most Excellent Majesty, by with the advice consent of the Senate the House of Assembly of Bermuda, by the authority of the same, as follows: Short title commencement 1 This Act, which amends the Bermuda Immigration Protection Act 1956 (the principal Act ), may be cited as the Bermuda Immigration Protection Amendment (No. 2) Act 2007 shall come into operation on such day as the Minister may appoint by Notice published in the Gazette. Repeals replaces sections 37 38 2 Sections 37 38 of the principal Act are repealed replaced by the following Advance delivery of inward passenger crew manifest 37 (1) Subject to this section, the master of every ship the commer of every aircraft departing for Bermuda shall, before the ship or aircraft arrives in Bermuda, deliver to an 1
immigration officer a manifest setting out the following information in respect of every person on board the ship or aircraft (a) the person s full names, as they appear in his or her passport or other travel document; (b) the person s sex, date of birth nationality; (c) the person s passport or other travel document number, its date of expiry country of issue; (d) whether the person is a passenger or a member of the crew; (e) whether the person is in transit or is to disembark in Bermuda; (2) The manifest, in the case of a ship, shall include (a) the voyage number or, where there is no voyage number, the name of the ship; (b) the name of the shipping line or operator; (c) the port, date time of departure of the ship; (d) the port, date estimated time of arrival of the ship in Bermuda; (e) the total number of persons on board the ship; (3) The manifest, in the case of an aircraft, shall include (a) the flight number or, where there is no flight number, the aircraft s registration number; (b) the name of the airline or operator; (c) the airport, date time of departure of the aircraft; (d) the date estimated time of arrival of the aircraft in Bermuda; 2
(e) the total number of persons on board the aircraft; (4) The duty to deliver a manifest may be discharged by the local representative of the ship or aircraft, on behalf of the master or commer. (5) The manifest shall be delivered electronically, in such manner within such time after the ship casts off from the port, or the aircraft takes off from the airport, as the Chief Gazette, may prescribe. (6) The Chief Immigration Officer may prescribe different times manner of delivery of manifests in respect of different categories of ship or aircraft. (7) Where there are any other persons (including persons rescued at sea stowaways) on board a ship or aircraft arriving in Bermuda, as soon as practicable before such persons have led in Bermuda, the master or commer shall deliver to an immigration officer a list of such persons, which list shall include an explanation of their presence on board the ship or aircraft, where it can be determined, their names particulars. (8) A master or commer of a ship or aircraft who fails to deliver a manifest or list as required by this section, or who delivers a manifest or list containing information that he or she knows or ought to know is incomplete or is false, commits an offence against this Act. (9) The local representative of a ship or aircraft who delivers a manifest on behalf of a master or commer commits an offence against this Act (a) if the local representative fails to deliver the manifest as required by this section; or (b) if the local representative knows or ought to have known that information contained in the manifest is incomplete or is false. (10) The Chief Immigration Officer may, by Notice published in the Gazette, exempt from the requirement under this section to deliver a manifest 3
(a) the master the local representative of any category of ship; (b) the commer the local representative of any category of aircraft. (11) The negative resolution procedure shall apply to any Notice by the Chief Immigration Officer under this section. Advance delivery of outward passenger crew manifest 38 (1) Subject to this section, the master of every ship the commer of every aircraft departing from Bermuda shall deliver to an immigration officer a manifest setting out the following information in respect of every person on board the ship (a) the person s full names, as they appear in his or her passport or other travel document; (b) the person s sex, date of birth nationality; (c) the person s passport or other travel document number, its date of expiry country of issue; (d) whether the person is a passenger or a member of the crew; (e) such additional information as the Chief (2) The manifest, in the case of a ship, shall include (a) the voyage number or, where there is no voyage number, the name of the ship; (b) the name of the shipping line or operator; (c) the port, date time of departure of the ship; (d) the port, date estimated time of arrival of the ship at its destination; (e) the total number of persons on board the ship; (3) The manifest, in the case of an aircraft, shall include 4
(a) the flight number or, where there is no flight number, the aircraft s registration number; (b) the name of the airline or operator; (c) the date time of departure of the aircraft; (d) the airport, date estimated time of arrival of the aircraft at its destination; (e) the total number of persons on board the aircraft; (4) The duty to deliver a manifest may be discharged by the local representative of the ship or aircraft, on behalf of the master or commer. (5) A manifest shall be delivered electronically, in such manner within such time before or after the ship casts off from the port, or the aircraft takes off from the airport, as the Chief Gazette, may prescribe. (6) The Chief Immigration Officer may prescribe different times manner of delivery of manifests in respect of different categories of ship or aircraft. (7) A master or commer of a ship or aircraft who fails to deliver a manifest as required by this section, or who delivers a manifest containing information that he or she knows or ought to know is incomplete or is false, commits an offence against this Act. (8) The local representative of a ship or aircraft who delivers a manifest on behalf of a master or commer commits an offence against this Act (a) if the local representative fails to deliver the manifest as required by this section; or (b) if the local representative knows or ought to have known that information contained in the manifest is incomplete or is false. (9) The Chief Immigration Officer may, by Notice published in the Gazette, exempt from the requirement under this section to deliver a manifest (a) the master the local representative of any category of ship; 5
(b) the commer the local representative of any category of aircraft. (10) The negative resolution procedure shall apply to any Notice by the Chief Immigration Officer under this section.. 6