s.2Interpretation
2
Section 2Part 0 —

Interpretation

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In this Act —
has the meaning assigned to it in section 44
means the Owen Roberts International Airport, the Charles Kirkconnell International Airport or any other area of land or water or of land and water designed, equipped, set apart and commonly used for affording facilities for the landing and departure of aircraft and designated as such under the Airports Authority Act (2005 Revision)
means a vaccination course which —
prevents or suppresses any notifiable disease under Part VI of the Public Health Act (2021 Revision)
has been approved for the purposes of this Act by Cabinet, acting on the advice of the Medical Officer of Health
has been notified in the Gazette or in any other official Government website or in any other official means of communication
means that part of a port or airport prescribed by the Customs and Border Control Regulations for the loading and unloading of goods and the embarkation or disembarkation of passengers
means firearms as defined in the Firearms Act (2008 Revision) and includes batons and handcuffs
means arrival in a port or in an airport or in an area within the territorial limit of the Islands
means any matter in relation to which the Director of Customs and Border Control is for the time being required in pursuance of any enactment to perform any duties
means a monetary instrument in bearer form and includes —
a traveller's cheque
bearer bonds
postal orders
a negotiable instrument (including a cheque, promissory note or money order) that is either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes upon delivery
an incomplete instrument (including a cheque, promissory note or money order) signed, but with the payee's name omitted
means any location, in or on water or land within the jurisdiction, appointed by the Director under section 14(2), to which vessels may be directed for the purpose of Customs control
means any prescribed building, place or portion of such building or place where uncustomed goods, in respect of which entry has been made, may lawfully be stored for such period and under such conditions as may be prescribed without payment of duty during such storage
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
means bank notes or coins that are legal tender in any country whether or not convertible
means a person who possesses Caymanian status under the repealed Immigration Law (2015 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part 5 of the Immigration (Transition) Act (2022 Revision)
means the chief officer appointed pursuant to the Public Service Management Act (2018 Revision) who has oversight of the Customs and Border Control Service
means a biological or adopted child under the age of eighteen years
means cleared by the Customs and Border Control Service
means a vessel for the time being engaged in, preparing for or completing a coastwise voyage
means appertaining to a journey by sea or air from a place within the jurisdiction to another such place
in relation to an aircraft, includes any person having or taking the charge or command of an aircraft
means a receptacle designed for the packing of goods for transportation, and includes any bundle, package, cask or other receptacle
in relation to a person, means a person in respect of whom any court —
certifies to the Cabinet that the person has been convicted by that court, or by an inferior court from which the person's case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine
recommends that a deportation order should be made in the person's case, either in addition to or in lieu of sentence
means persons employed in the working or service of a vessel
means goods which have been submitted to and lawfully released from the charge of the Customs and Border Control Service
in this Act referred to as 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
means any place prescribed as such
means a public officer appointed under section 6 and includes any police officer or other person assisting Customs and Border Control in any assigned matter
means the making of representations on behalf of a particular individual —
in civil proceedings before a court, tribunal or adjudicator in the Islands
in correspondence with a Government department in connection with one or more relevant matters
means the officer appointed under section 4 to be in charge of Customs and Border Control and includes any officer acting for the Director
in relation to a person, other than a person referred to in section 94 means the spouse or civil partner, of that person, or one of the following relations of that person, namely a child, step-child, adopted child, grandchild, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, being, in each case, wholly or substantially dependent upon that person
means an order made or in force under Part 8 requiring the person in respect of whom it is made to leave and remain out of the Islands
means a person who is, or is likely to be, a charge on public funds by reason of mental or bodily ill-health or insufficiency of means to support themselves and that person's dependants, if any
means duty repaid or repayable in respect of customed and border controlled goods by reason of the re-export of the same or some other provision of this or any other law
means goods of a class or description subject to any duty or tax, whether or not those goods are in fact charged with that duty or tax, and whether or not that duty or tax has been paid thereon
means the amount or charge leviable on certain classes of goods imported into the Islands as defined and set forth in the Customs Tariff Act (2023 Revision)
includes an email address, an internet protocol (IP) address and the address of a digital mailbox
in relation to the giving of a document to Customs and Border Control under this Act, means to give it electronically to an electronic address notified by Customs and Border Control for that purpose
means a person who, for reward, engages the services of another and includes a prospective employer
in respect of any goods, means a written declaration of the importation or exportation of such goods in such form as Customs and Border Control may require
in relation to goods, means the despatch of such goods from a location within the jurisdiction to a place out of the jurisdiction
includes any person having responsibility for or taking part in the export of goods
means an imperial gallon
in relation to the giving of a document by Customs and Border Control and vice versa, means to deliver, send, transmit or make the document
includes every moveable thing capable of being owned and includes stores, baggage and personal effects
means a registered medical practitioner appointed by the Cabinet to be a Health Officer for the purposes of this Act
with reference to imported goods, means goods which are intended for, or have gone into, consumption, use or retention in the Islands
in relation to goods, means the bringing or arrival of such goods by any means whatsoever into the jurisdiction from any place outside the jurisdiction
includes any owner or other person for the time being having a right to possession of or being beneficially interested in any imported goods with effect from the time of import of such goods until the same have been duly customed
in relation to a vessel, means a vessel carrying material or water to enhance stability, but otherwise carrying no goods other than stores and the baggage of passengers and crew aboard such vessel
in relation to passengers or goods on an inward, inter-Island or outward ship or aircraft, means that the passengers or goods are ultimately bound for a destination outside the jurisdiction
in relation to a ship or aircraft, means that it is to journey from one Island in the jurisdiction to another Island in the jurisdiction, or it is about to start such a journey
in relation to —
a ship or aircraft, means that it is to journey to the jurisdiction from a place outside the jurisdiction, or has just finished such a journey
passengers on a ship or aircraft, means passengers on board a ship or aircraft who will finish their journey on the ship or aircraft in the jurisdiction, or who are about to start such a journey
includes all waters contained within an imaginary line drawn parallel to the shores or outer reefs of the Islands, and distanced twelve nautical miles therefrom
means any building or locality prescribed as such by the Cabinet for the deposit of goods of any class for the security thereof and of the duties chargeable thereon
means to go to, to be, to remain or to reside in any place in the Islands other than —
on board a vessel
in a place under the control of an officer in the officer's official capacity
has the meaning assigned to it in section 18(5)
in relation to a vessel, means —
the owner of the vessel, if the owner is in the Islands
any corporate body owning or operating, whether under charter or otherwise, the vessel for the time being, where such corporate body maintains an office in the Islands
the agent in the Islands for the person or corporate body for the time being owning or operating the vessel
in relation to a vessel, means the person having or taking command or charge of such ship
means a certificate —
which certifies that vaccination would be injurious to the health of a person who is eligible to be vaccinated in accordance with the Public Health Act (2021 Revision)
which is —
in the case of a person who is applying to land in or enter into the Islands, signed by a medical doctor in the person's country
in the case of a person who resides in the Islands and who is applying to remain in the Islands, signed by a registered medical practitioner who is a medical doctor referred to under Schedule 4 of the Health Practice Act (2021 Revision)
which is approved by the Medical Officer of Health
has the meaning assigned by section 2 of the Public Health Act (2021 Revision)
means a nautical mile being a distance of six thousand and eighty feet
means cash or a bearer negotiable instrument
in relation to a person or in relation to a purpose under this Act, means —
notified to the person in a written notice from Customs and Border Control
as told to the person by Customs and Border Control
notified by a post on the Customs and Border Control's website to persons generally for that purpose
means a customs and border control officer
in relation to a provision about a ship or aircraft, means on board the ship or aircraft
in relation to —
a ship or aircraft, means that it is to journey from the jurisdiction to a place outside the jurisdiction, or is about to start such a journey
passengers on a ship or aircraft, means passengers on board the ship or aircraft who will finish their journey on the ship or aircraft in a place outside the jurisdiction, or who are about to start such a journey
in relation to any goods, includes any proprietor, importer, exporter, shipper or other person for the time being entitled, as agent or otherwise, to the possession of those goods, or being beneficially interested in those goods, whether or not such goods are subject to any lien
includes everything which contains, or is capable of containing, goods
means the tax on imported goods prescribed by section 51
means a person, other than a member of the crew, travelling on board a vessel
means a current valid passport furnished with a photograph and duly issued in favour of the person named in the passport
means a person who has been granted permission —
under Part 6 of the Immigration (Transition) Act (2022 Revision)
by virtue of any earlier law, to remain permanently in the Islands and whose permission to so remain is still current and has not been revoked or lost in any way
means a prescribed area of land or water or both to which vessels on arrival from or departure to a foreign or coastwise location are required to proceed immediately upon such arrival within the jurisdiction or immediately prior to such departure
in relation to any port, means the person, corporate or otherwise, for the time being responsible for the management of such port and includes any person delegated by such authority to perform the duties of such management
means prescribed by this Act or any regulations made hereunder
has the meaning assigned to it in section 67
has the meaning assigned to it in section 109
means goods of a class or description of which the importation, exportation or carriage coastwise is for the time being prohibited or restricted under or by virtue of any enactment
means a sports fishing boat based in the Cayman Islands and registered in accordance with prescribed procedure
bears the meaning assigned to that expression in the Refugee Convention
means the Convention relating to the Status of Refugees done at Geneva on the 28th July, 1951 and the Protocol to the Convention
means the Refugee Protection Appeals Tribunal established under section 112
means a person registered to practise medicine under the Health Practice Act (2021 Revision)
means any rule, order, proclamation, direction, notification or other subsidiary legislation made under this Act
in relation to the person by or whom, or the place at which, anything is to be done, means the person or place appointed or authorised in that behalf by the Director
means any of the following —
a claim for asylum
an application for an extension of permission to enter or remain in the Islands
unlawful entry into the Islands
removal or deportation from the Islands
an application for bail for a customs and border control offence
an appeal against, or an application for judicial review in relation to any decision taken in connection with a matter referred to in paragraphs (a) to (e)
means the report required to be made under section 15
in relation to —
the form of a document under this Act, means the form or manner as notified by Customs and Border Control for the document
particulars of a document or matter under this Act, means the particulars as notified by Customs and Border Control for the document or matter
includes any boat or floating craft and any submarine or hovercraft
in relation to a tourist visitor, means a person who accepts responsibility for the tourist visitor's care, upkeep and departure from the Islands
means a child of one of the parties to a marriage or civil partnership
means an order for strengthening the hull of a vessel prior to its taking aboard goods of an unusual kind by reason of the bulk, weight or nature of the same
has the meaning assigned to it in section 108
means goods for use in a vessel such as the following —
fuel
spare parts
other articles of equipment, whether or not for immediate use
consumable stores and other goods for use in or store on a vessel
any goods for use in a vessel as merchandise for sale by retail to persons carried in a ship or aircraft
means a non-Caymanian who is not the spouse or civil partner of a Caymanian, a permanent resident of the Islands or the holder of a Residency and Employment Rights Certificate and who —
is eighteen years of age or older
is seeking to enter the Cayman Islands for the purpose of attending a recognised educational institution on a full-time basis
intends to leave the Islands at the end of the student's studies
is not named as a dependant for the purposes of this Act
means a person arriving in the Islands for a visit of not more than six months' duration otherwise than for a professional, financial trade or business purpose or for the purpose of seeking or engaging in employment
means the import and re-export of goods as cargo in another ship or aircraft, or in the same ship or aircraft on a different voyage, from the same Customs area as that into which the goods were imported
means a written authority issued by Customs and Border Control permitting the carriage of goods on a coastwise voyage
means the re-export of goods in another ship or aircraft from an area of Customs and Border Control other than that into which the goods were imported
means a passenger who has arrived in the Islands for a period of not more than twenty-four hours, is in possession of the required travel documents and is on that person's way to a destination other than the country from which the passenger arrived
means any building, place or portion of such building or place which the Director may approve, subject to such conditions as the Director thinks fit, for the deposit of goods imported and not yet cleared out of the charge of Customs and Border Control
means imported goods which have not been submitted to and legally released from the charge of Customs and Border Control
means a person who in the opinion of the Cabinet is, or has been, so conducting themselves, whether within or outside the Islands, that the person's presence in the Islands is or is likely to be prejudicial to the maintenance of peace, order and good government or public morals in the Islands
means a document which evidences that the person in respect of whom the document is issued completed an approved vaccine course no later than fourteen days before an application is made under this Act in respect of such person
includes a ship and an aircraft, and any other thing or device capable of being used for conveying goods or passengers from one place to another, and includes a vessel being carried or towed by another vessel whether as cargo or for any other purpose
includes flight
means the person nominated by the Cabinet, when prescribing any building or place to be a bonded warehouse, as the person responsible for the conduct of the business of such warehouse
means the department of Government continued under the Immigration (Transition) Act (2022 Revision)
means a work permit granted under the Immigration (Transition) Act (2022 Revision)

Defined Terms

ad valoremairportapproved vaccine courseapronarmsarrivalassigned matterbearer negotiable instrumentboarding stationbonded warehousecaptaincashCaymanianchief officerchildclearedcoasting shipcoastwisecommandercontainerconvicted and deportablecrewcustomed goodsCustoms and Border Control ServiceCustoms and Border Control areacustoms and border control officerCustoms and Border Control servicesDirectordependantdeportation orderdestitute persondrawbackdutiable goodsdutyelectronic addresselectronicallyemployerentryexportexportergallongivegoodsHealth Officerhome useimportimporterin ballastin-transitinter-IslandinwardjurisdictionKing's Warehouselandlanded accountlocal agentmastermedical certificateMedical Officer of Healthmilemoneynotified by Customs and Border Controlofficeron boardoutwardownerpackagepackage taxpassengerpassportpermanent residentportport authorityprescribedprocedural offenceprohibited immigrantprohibited or restricted goodsrecreational sports fishing vesselrefugeeRefugee ConventionRefugee Protection Appeals Tribunalregistered medical practitionerregulationrelevantrelevant mattersreportrequiredshipsponsorstep-childstiffening orderstop liststoresstudenttourist visitortranshipmenttransiretransittransit passengertransit sheduncustomed goodsundesirable personvaccination certificatevesselvoyagewarehouse keeperWorkforce Opportunities and Residency Cayman Departmentwork permit

Cross References