Chapter 18:11 - Caribbean Community Special Visa Agreement

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L.R.O. 1/ 2012
LAWS OF GUYANA
CARIBBEAN COMMUNITY SPECIAL VISA AGREEMENT ACT

CHAPTER 18:11
Act
8 of 2007
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 23 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 18:11
CARIBBEAN COMMUNITY SPECIAL VISA AGREEMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation.
3. Agreement given force of law
4. Implementation of amendments to the Agreement.
SCHEDULE - Caribbean Community Special Visa Agreement
__________________________
8 of 2007 An Act to provide for the implementation in Guyana of the
Caribbean Community Special Visa Agreement
and for matters connected therewith.
[31ST JANUARY, 2007]
Short title.
Interpretation.
Schedule

1. This Act may be cited as the Caribbean Community
Special Visa Agreement Act.
2. In this Act —
"Agreement" means the Caribbean Community Special Visa
set out in the schedule which came into force on 12th
December, 2006;
"Minister" means the Minister with responsibility for
immigration;
"States Parties" means the States Parties to the Agreement;

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have force of
Implemen-
tation of
amendments to
the agreement.
Schedule.
s. 2, 4
Guyana.
4. (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 Agreement in this Act
or any other enactment or any law having effect under any
such enactment shall, unless the context otherwise requires,
be construed as a reference to the Agreement 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 VISA
8. ISSUE OF CARICOM SPECIAL VISA
9. CARICOM SPECIAL VISA FEES
10. TRAVEL DOCUMENTS
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
3. The Agreement shall have the force of law in Agreement to

law.
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ISSUED CARICOM SPECIAL VISAS
15. EXISTING VISA ABOLITION AGREEMENTS
16. SETTLEMENT OF DISPUTES
17. SIGNATURE
18. ENTRY INTO FORCE
19. AMENDMENT
20. ACCESSION
21. EXTENSION
Appendix 1
Appendix 2

CARIBBEAN COMMUNITY SPECIAL VISA
AGREEMENT
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 measures 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
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applications.
DESIRING ALSO to strengthen consular cooperation for the
purpose of combating illegal networks.
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 requirements
for individual visa for entry into the territory of each of the
States Parties by national 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.
"CARICOM Special Visa" means the CARICOM Special Visa
issued pursuant to this Agreement.
"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 5th July, 2001.

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"designated State" means Barbados, Jamaica, Trinidad and
Tobago or any other State designated 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.

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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
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
15th 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
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(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 shown 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
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CARICOM Special Visa at the point or port of entry an
information form on the seaman concerned including the
vessel, the ship's owner and departure dates must also be
produced.

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) State 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 documents in person or the
visa and the relevant documents may
be returned to the applicants address
by registered mail or courier.
(d) the CARICOM Special Visa
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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.

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2. A CARICOM Special Visa must be affixed to the
travel document that was submitted with the application of
successful applicants.
3. A State Party shall ensure that:
(a) an immigration officer at a point or
port of entry in that State Party retains
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 Immigration 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:

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(a) the fees from the issuance of
CARICOM Special Visas for the
period 15th 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
A CARICOM Visa must not be affixed to a travel document
that:
(a) is valid for a period which is less than
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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 State 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
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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
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 State
Parties; and,

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(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: -
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(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.
(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
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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
upon 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
15thJanuary, 2007 to 15th 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.

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Article 16
SETTLEMENT OF DISPUTES
In the case of a dispute between two or more States Parties
relating to the interpretation or application 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 expressed by
the submission of written agreement to the Secretary General
of the Community (hereinafter referred to as "the
Depositary")

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Article 20
ACCESSION
1. After its entry into force any Member State of the
Community that is not a signatory, may accede to this
Agreement.
2. Instruments of Accession shall be deposited with
the Depositary who shall forward true copies to all State
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 date after the 15th day of
May, 2007.
IN WITNESS WHEREOF the undersigned, being duly
authorised thereto by their respective Governments have
signed this Agreement.
Signed by ………………………………..
For the government of Antigua and Barbuda on the 12th day
of December 2006 at St John’s Antigua
Signed by ………………………………..
For the government of Barbados on the 12th day of December
2006 at St John’s Antigua
Signed by ………………………………..
For the government of the Commonwealth of Dominica on
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the 12th day of December 2006 at St John’s Antigua
Signed by ………………………………..
For the government of Grenada on the 12th day of December
2006 at St John’s Antigua
Signed by ………………………………..
For the government of the Cooperative Republic of Guyana
on the 12th day of December 2006 at St John’s Antigua
Signed by ………………………………..
For the government of Jamaica on the 12th day of December
2006 at St John’s Antigua
Signed by ………………………………..
For the government of St Kitts and Nevis on the 12th day of
December 2006 at St John’s Antigua
Signed by ………………………………..
For the government of St Lucia on the 12th day of December
2006 at St John’s Antigua
Signed by ………………………………..
For the government of St Vincent and The Grenadines on the
12th day of December 2006 at St John’s Antigua

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Signed by ………………………………..
For the government of the Republic of Trinidad and Tobago
on the 12th day of December 2006 at St John’s Antigua
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:
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 paragraph (b)

Appendix 2
(Article 1)
MEMBER STATES
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Antigua and Barbuda
Barbados
Commonwealth of Dominica
Grenada
Cooperative Republic of Guyana
Jamaica
Federation of Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Republic of Trinidad and Tobago
____________________

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