Caribbean Community Special Visa Agreement Act., 2007

Link to law: http://laws.gov.ag/acts/2007/a2007-2.pdf

RIBBEAN COMMUNITY SPECIAL VISA AGREEMENT ACT 2007.

No. 2 of 2007

[Published in the Official Gazette Vol. XXVII No. 22
dated 21st March, 2007. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric.T. Bennett, Government Printer
— By Authority, 2007.

800—3.07 [ Price $6.45 ]

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

THE CARIBBEAN COMMUNITY SPECIAL VISA AGREEMENT ACT 2007.

ARRANGEMENT OF SECTIONS

Sections

1. Short title.

2. Interpretation.

3. Acceptance of the Agrement.

4. Agreement to have the force of Law.

5. Implementation of amendments to the Agreement.

SCHEDULE: The Caribbean Community Special Visa Agreement Act 2007

AN

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

AN ACT to provide for the implementation in Antigua and Barbuda of the Caribbean Community
Special Visa Agreement and for matters connected therewith.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title.

This Act may be cited as the Caribbean Community Special Visa Agreement Act 2007.

2. Interpretation

In this Act—

“States Parties” means the States Parties to the Agreement;

“Minister” means the Minister responsible for Immigration; and

“Agreement” means the Caribbean Community Special Visa Agreement signed at Antigua and
Barbuda on 12 December, 2006, the text of which is set out in the Schedule.

3. Acceptance of the Agreement

The Government enters into and adopts the Agreement.

4. Agreement to have the force of Law

The Agreement shall have the force of law in Antigua and Barbuda from such date as the Minister
may by notice published in the Gazette appoint for the coming into force of the Agreement.

5. Implementation of amendment to the Agreement

ANTIGUA AND BARBUDA

THE CARIBBEAN COMMUNITY SPECIAL VISA AGREEMENT ACT 2007.

No. 2 of 2007

[ L.S.]

I Assent,

James B. Carlisle,
Governor-General.

13th March, 2007.

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

21. Extension

Appendix 1

Appendix 2

PREAMBLE

The States Parties:

ANTICIPATING that the threat of drug trafficking, terrorism and trafficking in humans is likely
to be associated with the large number of persons who are or will be visiting the Community during
the hosting of certain events, including the ICC Cricket World Cup West Indies 2007 by some States
Parties;

DESIRING to make changes to existing national visa arrangements to greatly enhance the mea-
sures being taken to reduce the risks associated with these threats;

RECOGNIZING THAT it is in their interest to harmonize, by consent, their procedures for issuing
visas as part of their common policy on the free movement of persons and in order to prevent the
same person from lodging multiple visa applications;

DESIRING ALSO to strengthen consular cooperation for the purpose of combating illegal net-
works;

CONSCIOUS of the need to keep to a minimum the time spent in addressing formalities required
for the issue of a visa for entry in the States Parties;

HAVING DECIDED to temporarily suspend the requirement for individual visa for entry into the
territory of each of the States Parties, by nationals, citizens or subjects of certain foreign States;

RECOGNISING ALSO that under the existing law no authority exists for a State Party to issue
a visa which is acceptable in another State Party;

HAVE AGREED AS FOLLOWS:

ARTICLE 1

INTERPRETATION

In this Agreement, unless the context otherwise determines:
“alien” means a national, citizen or subject of a foreign State;

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

(1) Where an amendment to the Agreement is accepted by the States Parties, the Minister may by
Order amend the Schedule for the purpose of including the amendments.

(2) Where the Schedule is amended in accordance with this section, any reference to the Agree-
ment in this Act or in any other enactment or in any instrument having effect under any such enact-
ment shall, unless the context otherwise requires, be construed as a reference to the Agreement as so
amended.

SCHEDULE

CARIBBEAN COMMUNITY SPECIAL VISA AGREEMENT

ARRANGEMENT OF ARTICLES

1. Interpretation

2. Common Policy on CARICOM Special Visas

3. CARICOM Special Visa

4. Conditions for Issuance of CARICOM Special Visa

5. CARICOM Special Visa Issued to Seamen

6. Procedure for Applications

7. Types of CARICOM Special Visas

8. Issue of CARICOM Special Visa

9. CARICOM Special Visa Fees

10. Travel Document

11. Examination of CARICOM Special Visa Applications

12. CARICOM Special Visa Exemption

13. Revocation of CARICOM Special Visa

14. Exchange of Information and Statistics on issued CARICOM Special Visas

15. Existing Visa Abolition Agreements

16. Settlement of Disputes

17. Signature

18. Entry into Force

19. Amendment
20. Accession

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

CARICOM SPECIAL VISA

1. Subject to article 11 (3), a CARICOM Special Visa which shall be valid for entry into States
Parties shall be introduced and may be issued for visits not exceeding five months and shall not be
valid outside the period from the 1st day of January 2007 to the 15th day of May 2007, unless the
application of this Agreement is extended in accordance with article 21.

2. A State Party shall undertake to recognize the CARICOM Special Visa as a valid basis for entry
into its jurisdiction.

ARTICLE 4

CONDITIONS FOR ISSUANCE OF CARICOM SPECIAL VISA

1. States Parties shall ensure that:

(a) an application for a CARICOM Special Visa contain, amongst other things, information
on the applicant’s ability to support himself or herself for the duration of his or her stay;
and

(b) an applicant provides a separate application and travel document in respect of a child.

2. A CARICOM Special Visa may not be granted by a competent authority of a State Party if the
applicant:

(a) holds a record with a conviction for a serious criminal offence including drug trafficking,
terrorism, trafficking in persons, or any sexual offence;

(b) is known to be or suspected of being involved in, or otherwise supporting terrorism;
(c) threatens the national security;
(d) is the subject of a Deportation Order of a State Party; or
(e) has been advised to leave the jurisdiction of a State Party by the relevant authority.

ARTICLE 5

CARICOM SPECIAL VISA ISSUED TO SEAMEN

1. A CARICOM Special Visa may be issued to seamen who present themselves at a point or port
of entry without a CARICOM Special Visa owing to insufficient time and on compelling grounds,
subject to the condition that they do not belong to the category of aliens who cannot be granted a
CARICOM Special Visa without prior consultation.
2. Before the responsible authorities can issue a CARICOM Special Visa at the point or port of entry,
an information form on the seaman concerned, including the vessel, the ship owner and departure
dates must also be produced.

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

“CARICOM Special Visa” means the CARICOM Special Visa issued pursuant to this Agree-
ment;

“child” means a person less than 18 years of age;

“Community” means the Caribbean Community including the CARICOM Single Market and
Economy (CSME) established by the Revised Treaty of Chaguaramas signed at Nassau, The
Bahamas on 5 July 2001;

“designated State” means Barbados, Jamaica and Trinidad and Tobago or any other State des-
ignated by the unanimous agreement of the States Parties to issue a CARICOM Special Visa;

“foreign State” means a State, country or territory other than a State, country or territory listed
in Appendix 1;

“holder” means a person to whom a CARICOM Special Visa has been issued pursuant to this
Agreement;

“IMPACS” means the CARICOM Implementation Agency for Crime and Security, which
was established by an inter-governmental Agreement concluded on the 6th day of July 2006
at Basseterre, Federation of Saint Christopher and Nevis;

“Member State” means a State listed in Appendix 2;

“State Party” means a Party to this Agreement;

“travel document” means a valid passport furnished with a photograph.

ARTICLE 2

COMMON POLICY ON CARICOM SPECIAL VISAS

1. The States Parties undertake:

(a) to adopt a common policy on the arrangements for a CARICOM Special Visa and to
assist each other to that end; and

(b) to harmonize their policies on the CARICOM Special Visa.

2. The CARICOM Special Visa arrangements relating to a foreign State may be amended by the
consent of all the States Parties.

3. A State Party may in exceptional cases derogate from the CARICOM Special Visa arrangements
where required by overriding reasons of national policy and shall first consult the other States Parties.

ARTICLE 3

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

3. A State Party shall ensure that:

(a) an immigration Officer at a point or port of entry in that State Party retain the right to:

(i) enforce the provisions of the immigration law regarding entry of prohibited persons,
and

(ii) determine the duration of stay to be granted to an alien; and

(b) an alien who wishes to remain in a State Party beyond the period granted by the Immi-
gration Officer at the point or port of entry applies to the appropriate issuing authority
in the respective State Party for extension to remain in that State Party.

4. States Parties agree that IMPACS shall undertake administrative responsibility for the issue of a
CARICOM Special Visa and a designated State and the responsible authority in a State Party shall
act on behalf of IMPACS in the issue of a CARICOM Special Visa.

ARTICLE 9

CARICOM SPECIAL VISA FEES

1. States Parties agree that:

(a) the fees from the issuance of CARICOM Special Visas, for the period 15 January 2007
to May 2007, shall be used to offset the contract price under the Agreement for Supply
of Products and Services between IMPACS and 3M Innovative Properties Company;

(b) arrangements shall be made for all CARICOM Special Visa fees to be paid to IMPACS
to avoid the complications that may arise in seeking to recover monies to cover the 3M
Innovative Properties Company contract price, after payment to the Governments of
States Parties;

(c) any surplus of fees from the issue of the CARICOM Special Visa after the payment to
3M Innovative Properties Company, under the Agreement referred to in paragraph (a),
would be applied to States Parties quota contributions to IMPACS Budget.

2. A State Party in receipt of fees paid for a CARICOM Special Visa shall transfer or cause the
transfer of the fees to the account of IMPACS.

ARTICLE 10

TRAVEL DOCUMENT

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

ARTICLE 6

PROCEDURE FOR APPLICATIONS

The competent authorities of States Parties shall adopt the following procedures in relation to an
application for a CARICOM Special Visa:

(a) all applications must be checked against CARICOM and INTERPOL watch lists as well
as watch lists of third countries to be agreed to by the States Parties;

(b) States Parties and the appropriate issuing authority acting on behalf of States Parties
must circulate information on both approvals and refusals of CARICOM Special Visas
and this information must be circulated amongst port control authorities and immigration
authorities;

(c) a successful applicant may collect the CARICOM Special Visa and any relevant docu-
ments in person or the Visa and the relevant documents may be returned to the applicant’s
address by registered mail or courier;

(d) the CARICOM Special Visa processing time for CWC 2007 accredited persons (teams,
officials and media, suppliers and sponsors) and such other persons as may be agreed,
will be seven working days;

(e) the CARICOM Special Visa processing time for persons other than persons referred to
in paragraph (d) will be a maximum of three weeks; and

(f) where it is necessary, the visa issuing authority of a State Party or a designated State
may issue or cause a CARICOM Special Visa to be issued to a successful applicant at
the point or port of entry in a State Party.

ARTICLE 7

TYPES OF CARICOM SPECIAL VISAS

The CARICOM Special Visa provided for in article 3 shall be valid for multiple entries in the
States Parties, except that neither the length of a continuous visit nor the total length of successive
visits shall exceed the period stipulated in Article 3(1).

ARTICLE 8

ISSUE OF CARICOM SPECIAL VISA

1. The CARICOM Special Visa provided for in article 3 shall be issued by the diplomatic or
consular authority of a designated State and, where appropriate, by the authorities in a State Party.
2. A CARICOM Special Visa must be affixed to the travel document that was submitted with the
application of successful applicants.

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

CARICOM SPECIAL VISA EXEMPTION

1. States Parties shall ensure that an individual, being a national, citizen or subject of any of the
States, countries or territories mentioned in Appendix 1, who is:

(a) entering a State Party from any place outside the territory of the States Parties; and
(b) in possession of a valid travel document issued to him or her by the responsible authority

of his or her country of nationality,

is exempt from the provisions of the law made pursuant to this Agreement that requires an application
to be made for a CARICOM Special Visa for entry in a State Party

2. States Parties may, in exceptional circumstances, waive the requirement for a CARICOM Special
Visa and issue an entry permit to an alien who is:

(a) duly accredited to a State Party by or under the authority of Her Majesty, the President
or the Government of any foreign State and the staff of any such person;

(b) in an advisory or consultative capacity to the Government of a State Party on invitation
of the same;

(c) a dependant of any person referred to in paragraphs (a) and (b); or
(d) the spouse of any person referred to in paragraphs (a) and (b) and is still married to and

living with that person.

ARTICLE 13

REVOCATION OF CARICOM SPECIAL VISA

1. A State Party may revoke a CARICOM Special Visa if the holder:

(a) has made a false declaration in his or her application for a CARICOM Special Visa;
(b) is in breach of any of the provisions of the laws of the State Party; or
(c) is, in the opinion of the responsible authority of the State Party, conducting himself or

herself or his or her affairs in a manner detrimental to the public interest.

2. A State Party may revoke a CARICOM Special Visa that has been issued to an alien who is the
subject of a security alert.
3. Where a State Party revokes a CARICOM Special Visa pursuant to this article, the State Party
shall serve a notice of revocation on the other States Parties indicating the:

(a) date and grounds for revocation;

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

A CARICOM Visa must not be affixed to a travel document that:

(a) is valid for a period which is less than six months from the date of application of the
CARICOM Special Visa; or

(b) is not valid for entry in a State Party.

ARTICLE 11

EXAMINATION OF CARICOM SPECIAL VISA APPLICATIONS

1. The States Parties shall adopt common rules for the examination of CARICOM Special Visa
applications, and shall ensure their correct implementation and adapt them to new situations and
circumstances.

2. The States Parties shall also specify the cases in which the issue of a CARICOM Special Visa
shall be subject to consultation with the responsible authority of the State Party which the applicant
intends to visit and, where appropriate, the responsible authorities of other States Parties.

3. The States Parties shall take the necessary decisions and make any required law on either one or
all of the following:

(a) the recognition of the CARICOM Special Visa as valid for entry into their respective
jurisdictions;

(b) the recognition of any form of legal status granted by a State Party to an alien, prior to
15th January 2007, pursuant to its immigration law or any other law;

(c) the travel document to which a CARICOM Special Visa may be affixed;
(d) the CARICOM Special Visa-issuing authorities or countries;
(e) the procedure for application for a CARICOM Special Visa;
(f) the conditions governing the revocation of a CARICOM Special Visa;
(g) the conditions governing the issue of a CARICOM Special Visa at a point or port of

entry;
(h) the form, content, and period of validity of a CARICOM Special Visa and the fees to be

charged for its issue; and
(i) the conditions for the refusal of a CARICOM Special Visa in the interests of the States

Parties.

ARTICLE 12

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

tion of this Agreement, the States Parties shall consult with a view to the settlement of the dispute by
negotiation, enquiry, mediation, conciliation, arbitration, judicial process, or other peaceful means
that they may determine.

ARTICLE 17

SIGNATURE

This Agreement shall be open for signature by the Member States.

ARTICLE 18

ENTRY INTO FORCE

This Agreement shall come into effect on signature of three Member States.

ARTICLE 19

AMENDMENT

1. This Agreement shall be amended by the unanimous Agreement of States Parties.

2. The Appendices may be amended by the unanimous agreement of all States Parties to be ex-
pressed by the submission of written agreement to the Secretary General of the Community (hereinafter
referred to as “the Depositary”).

ARTICLE 20

ACCESSION

1. After its entry into force any Member State of the Community, that is not a signatory, may ac-
cede to this Agreement.

2. Instruments of Accession shall be deposited with the Depositary who shall forward true copies
to all States Parties notifying them of the dates of the deposit of the instruments of accession.

ARTICLE 21

EXTENSION

The States Parties may, by unanimous agreement, extend the application of this Agreement to a

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

(b) name of the holder;
(c) nationality of the holder;
(d) travel document and number of the holder;
(e) CARICOM Special Visa number;
(f) date and place of issue of the CARICOM Special Visa.

4. A CARICOM Special Visa may be cancelled by the diplomatic or consular authority or relevant
authority of the issuing State or designated State if the CARICOM Special Visa appears to have
been issued in error.

5. For practical purposes, where a CARICOM Special Visa has been revoked or cancelled pursuant
to this article, a stamp may be affixed to the CARICOM Special Visa that clearly shows that it has
been revoked or cancelled.

ARTICLE 14

EXCHANGE OF INFORMATION AND STATISTICS ON ISSUED

CARICOM SPECIAL VISAS

1. Subject to this article, the States Parties shall exchange statistical information with each other
on the issuing of CARICOM Special Visas at such intervals as may be determined.

2. Notwithstanding the above exchanges, statistical information may also be exchanged within
the framework of consular cooperation in accordance with a procedure agreed by the responsible
authorities.

3. A State Party shall transmit the statistical information to IMPACS for analysis.

ARTICLE 15

EXISTING VISA ABOLITION AGREEMENTS

Subject to this Agreement, States Parties shall, for the period 15th January 2007 to 15 May 2007
suspend any existing visa abolition agreement with any foreign State, in the interest of security, public
order and public health in the Community.

ARTICLE 16

SETTLEMENT OF DISPUTES

In the case of a dispute between two or more States Parties relating to the interpretation or applica-

No. 2 of 2007. The Caribbean Community Special Visa Agreement Act 2007.

1. Canada
2. France
3. Germany
4. Ireland
5. Italy
6. Japan
7. Spain
8. South Africa
9. Kingdom of The Netherlands
10. United Kingdom
11. United States of America

(c) Dependent Territories of the Countries or States listed in paragraphs (b).

APPENDIX 2
(Article 1)

MEMBER STATES

Antigua and Barbuda
Barbados
Commonwealth of Dominica
Grenada
Co-operative Republic of Guyana
Jamaica
Federation of Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Republic of Trinidad and Tobago

The Caribbean Community Special Visa Agreement Act 2007. No. 2 of 2007.

date after the 15th day of May 2007.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Gov-
ernments, have signed this Agreement.

Duly Executed by the Parties

APPENDIX 1

(Article 1, 12)

CARICOM SPECIAL VISA EXEMPT STATES,
COUNTRIES AND TERRITORIES

(a) Member States of the Community, excepting Haiti
(b) Other Countries or States:

Passed by the Senate on this 25th day of
January, 2007.

Hazlyn M. Francis,
President.

Yvonne Henry,
Acting Clerk to the Senate.

Passed by the House of Representatives on
this 31st day of January, 2007.


D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Acting Clerk to the House of Representatives.
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