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Bermuda Immigration and Protection Amendment (No. 2) Act 2007

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Bermuda Immigration and Protection Amendment (No.2) Act 2007
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
(NO. 2) ACT 2007




1



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
and Protection Act 1956:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 This Act, which amends the Bermuda Immigration and
Protection Act 1956 (the “principal Act”), may be cited as the Bermuda
Immigration and Protection Amendment (No. 2) Act 2007 and shall come
into operation on such day as the Minister may appoint by Notice
published in the Gazette.

Repeals and replaces sections 37 and 38
2 Sections 37 and 38 of the principal Act are repealed and
replaced by the following—

“Advance delivery of inward passenger and crew manifest
37 (1) Subject to this section, the master of every ship and
the commander of every aircraft departing for Bermuda shall,
before the ship or aircraft arrives in Bermuda, deliver to an



BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
(NO. 2) ACT 2007


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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 and nationality;

(c) the person’s passport or other travel document
number, its date of expiry and 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; and

(f) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(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 and time of departure of the ship;

(d) the port, date and estimated time of arrival of the
ship in Bermuda;

(e) the total number of persons on board the ship;
and

(f) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(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 and time of departure of the
aircraft;

(d) the date and estimated time of arrival of the
aircraft in Bermuda;

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
(NO. 2) ACT 2007


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(e) the total number of persons on board the aircraft;
and

(f) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(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 commander.

(5) The manifest shall be delivered electronically, in such
manner and within such time after the ship casts off from the
port, or the aircraft takes off from the airport, as the Chief
Immigration Officer, by Notice published in the Gazette, may
prescribe.

(6) The Chief Immigration Officer may prescribe different
times and 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 and stowaways) on board a ship or aircraft
arriving in Bermuda, as soon as practicable and before such
persons have landed in Bermuda, the master or commander
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 and, where it can be determined, their
names and particulars.

(8) A master or commander 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 commander 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—

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
(NO. 2) ACT 2007


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(a) the master and the local representative of any
category of ship; and

(b) the commander and 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 and crew manifest
38 (1) Subject to this section, the master of every ship and
the commander 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 and nationality;

(c) the person’s passport or other travel document
number, its date of expiry and country of issue;

(d) whether the person is a passenger or a member of
the crew; and

(e) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(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 and time of departure of the ship;

(d) the port, date and estimated time of arrival of the
ship at its destination;

(e) the total number of persons on board the ship;
and

(f) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(3) The manifest, in the case of an aircraft, shall
include—

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(NO. 2) ACT 2007


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(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 and time of departure of the aircraft;

(d) the airport, date and estimated time of arrival of
the aircraft at its destination;

(e) the total number of persons on board the aircraft;
and

(f) such additional information as the Chief
Immigration Officer, by Notice published in the
Gazette, may prescribe.

(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 commander.

(5) A manifest shall be delivered electronically, in such
manner and within such time before or after the ship casts off
from the port, or the aircraft takes off from the airport, as the
Chief Immigration Officer, by Notice published in the Gazette,
may prescribe.

(6) The Chief Immigration Officer may prescribe different
times and manner of delivery of manifests in respect of different
categories of ship or aircraft.

(7) A master or commander 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 commander 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 and the local representative of any
category of ship; and

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(NO. 2) ACT 2007


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(b) the commander and 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.”.