Aliens Act

Link to law: http://www.moj.gov.jm/laws/aliens-act-0

THE ALIENS ACT

ORDERS
(ltnder section 6)

DIRECTIONS
(under section 7 )

The Aliens (General) Directions, 1946

REGULATIONS
(under sections I0 and 22)

The Aliens (Passenger Information] Regulations, 2007

ORDERS
(under section 15)

DTRECTIONS
(under section 17 )

The Aliens (Cruise Passengers) Directions, 1946

The Aliens (Exemption) Directions, 1946 L.N. 20!& 40R'S&

The Aliens (Airline Flight Crew) Directions, 195 1 L N 2 ~ 5 1

The Aliens (Citizens of the Federal Republic of Germany) Directions, L N

1964

The Aliens (North American Visitors) (Exemption) Directions, 1980 L N m a

The Aliens (Citizens of the Republic of Venezuela) Directions, I98 I L N 107181

The Aliens (Citizens of Japan) Directions, 1987 L N 128A187

(For subsequent Orders please see the Guide to Subsidiary
Legislation)

REGULATEONS
(under seclion 22)

The Aliens Regulations, 1946 LN. 1W46

The Aliens (Forms} Regulations, 1946 L.N. MI46 afmw
(Omrrre4

The Aliens Identification (Photography and Measurement) Regulations, L.N
1948

The Aliens (Ports of Entry) Regulations, 195 1 LN 17/41

THE ALIENS ACT

REGUI-A'TIONS
(under sections I 0 und 22)

(Mode by the ,Winister on the 3 I.cr d q ~ ?f Junuary, 200 7) L N ?3!?M17

I . These ReguIations may be cited as the Aliens (Passenger Information)
Regulations, 2007.

2.--( l ) A return referred to in section 101 l) or (2) of the Act shall-

(a) specify the information listed in Part 1 of the Schedule; and
(b ) be submitted to the Chief Immigration Officer--

) electronically or in such other form and manner as he
may approve in writing; and

(ii) in respect of the vessels specified in paragraphs (2) and
(3), within the time specified in relation thereto.

(23 The information required under paragraph ( I ) shall be submitted
in relation t+

(a) a cornmercia! aircrafi arriving in Jamaica, not later than fifteen
minutes before the aircraft departs From its last port of call
destined for Jamaica;

(b) a private aircraft arriving in Jamaica, not later than thirty minutes
before the aircraft departs from its last port of call destined for
Jamaica;

(c) any vessel, other than an aircraft, arriving from outside of the
domestic space, no later than twenty-four hours before the vessel's
arrival in Jamaica;

(4 any vessel, other than an aircraft, arriving from within the
domestic space, no later than sixty minutes before the vessel's
arrival in Jamaica; and

(e) any vessel departing from Jamaica and destined to a place outside
of the domestic space, no later than fifteen minutes before the
vessel" departure from Jamaica.

(3) With effect from the 16th day of May, 2007, the information
required under paragraph ( I ) shall be submitted in relation t+-

(a) a commercial aircraft departing from Jamaica and destined to
another place within the domestic space, not later than fifteen
minutes after the aircraft's departure from Jamaica;

P o k h u i o a of this pme d k m i d by LN. 141~ROlO I

THE .JLIE.\'S tP,.ISSEYGER I.YFORit4T10,11 REG[ 113TtO.YS. 2007

(b ) a private aircraft departing from Jamaica and destined to another
place within the domestic space, not Eater than thiny minutes after
the aircraft's departure from Jzmaica; and

(c) any vessel, other than an aircraft, departing from Jamaica and
destined to another place within the domestic space, not later than
sixty minutes before the vessel's arrival at its next port o f call
within the domestic space.

(4) The master of a vessel referred to in paragraph (2) at (3) shall
submit. along with the infomation required under paragraph ( I ) , the

Schedule information set out in Part IF of the Schedule.

( 5 ) For the ptirposes of this regulation-

"commercial aircraft" means an aircraft used for the carriage of
passengers, mait or cargo. for hire or reward:

"domestic space" means any area comprised within the territory
(including airspace or territorial waters) of-

(a) Antigua and Barbuda;
(h) Barbados:
(c) Dominica;
{d) Grenada;
(e) Guyana:
(f) Jamaica;
(g) St. Kitts and Nevis;
(h) St. Lucia;

( 1 St. Vincent and the Grenadines: or
(I) Trinidad and Tobago;

"private aircraft" means any aircraR other than a commercial or state
aircraft;

"state aircraft" means aircraR used exclusively for military, customs
or police services.

3. The Chief Immigration Officer may waive all or any of the provisions
of regulation 2 either generally or for a particular case or class of cases.

4 . 4 1 ) The Chief Immigration Officer-

(a) may, subject to sub-paragraph (b), use the information provided
under regulation 2 only for the purpose of discharging his duties
under the Act;

(b) shajl disclose the information to the Minister for the purposes of
regulation 5;

[Tho inclusion of this plgc i s & r id by L.N. 141~ROlO 3

THE ALIE,14S :SPASSE:VGER LVF0R.W TIOj'v*, REGULA 1"IO.G 2007

( c ) may disclose the information to the Commissioner of Customs for
the purpose of the discharge of the Commissioner's duties under the
Customs Act; and

(4 shall ensure that the information i s destroyed within two years after
he receives it, unless the information is reasonably required for the
administration or enforcement of any law.

(23 The Commissioner of Customs-

(a) may use infomarion disclosed to him pursuant to paragraph ( I ) (b)
only for the purpose of the discharge of the Commissioner's duties
under the Customs Act; and

(b) shall ensure that the information is destroyed within two years after
he receives it, unless the information is reasonably required for the
admizlistration or enforcement of any law.

5. For the purpose of verifying any infomation submitted pursuant to
regulation 2, the Minister may share that information with any State,
association of States. or inter-governmental body, with which Jamaica has an
arrangement for the sharing of information relating to security.

SCHEDULE (Regulation 2)

PART I . /nforma!~on lo be included m refurn$ under secrron /O
of he Act

A. VesseI Data

(1) Vessel identification (for aircraR, IATA airltne code and flight number, and for
other vessels, vessel name and voyage number)

(2) Vessel registration number.

(3) Country of registration.

(4) Name of-

(a) agent for the vessel;

(b) owner of vessel

(5) Scheduled departure date (date o f scheduled depanure of vessel. based on local
time of departure locasron)

(6) Scheduled departure time (time of scheduled departure of vessel, based on Imal
time of departure Eocation)

(7) Scheduled arr~val date (date of schedufed nnival o f vessel, based on local time of
arrival location).

[me inclluion o t his p l g ~ ts ~ u h r i z e d by LN. 141~12010 1

THE ALIENS (PASSENGER 'RNFOILWA TJ0,V) REGULd TIO NS, 2007

SCHEDULE, cmtd

( 8 ) Scheduled mival time (time of scheduled arrival of vessel, based on local time ot
arrival location).

(9) Last place or pon of call of vessel (last place or port of call from which the vessel
departed to go to the place or port o f initial arrival in Jamaica).

{TO) Place or port of vessel's initial arrival (first place or port of arrival in Jamaica)
( I I ) Subsequent place or port of call in Jamaica.

(12) Number of passengm (total number of passengers on board)
(13) Next place of desttnation after departure from Jamaica

(14) Name of-

(a) vessel;

{b ) master of vessel.

B. Data regarding passengers and crew
( 1 ) Traveller's status (passenger, crew, in-transit).

(2) Place of birth (city and country).

(3) Date of birth.

(4) Oflicial travel document number (paspon w other official travel documenr
number).

(5) Issuing State or other organization (name of the Stafe or organization responsible
for the issuance o f the ofic~al travel document).

(6) Official travel document type (indicator to identify type of ofticia1 m t l
document).

(7) Expiration date of official travel document.

( 8 ) Surname and givm names (family name and givm names of the holder as thq
appear on the official travel document).

(9) Nationality (nationality of the holder)..

(10) Gender (gender ofthe hotder).

Part I 1. Dala relating lo mrgo

( I ) Cargo for discharge within Jamaica.

(2) Cargo not intended for discharge within Jamaica.

(3) Mode of transport (manner in which the cargo is imported or exported).

(4) Total-

(a) Bills;

(b) Packages:

(c) Containers;
(4 Gross Mass.

( 5 ) Tonnage-

I . Gross.

2. Net.

[lie tnclurion of Wi p a p b a h r i d by L.N. 141m010 1 -

THE ALIE,ZrS (PASSENGER INFORMA TIO.\Y REGULA TIOJVS, 2007

SCHEDULE, contd

(6) Date of last discharge (date vessel last discharged cargo at any port).

(7) Man~fest 11ne number (number indicattng the order of bills of lading on a
man~fest).

(8) Trampor1 dwurncni type (type of document issued by ves~cl, including bills
airway, bill of lad~ng and way bi!l)

(9) Transpon document reference number.

11 0) Purpose of shipment (whether Sor import, rxporl, in transit or trans-shipment)

( 1 I ) Unique consignmen1 refcrcnce

(1 2) Placc of loading.

(13) Place of discharge.

/ 14) Exporter.

( 1 5) Exporter address.

4 1 6) Consignee.

(1 7) Contact informalion (cansignee or representalive).

( 1 8) Total containers (total number of conta~nen for each transpon document)

(19) Packages-

1 Kind.

2. Marks wd numbers.

(20) Quant i ty

I. Packages

2. Gross Mass.

(2 1) Volume (cubic measurnen t (cbm))

(22) Descr~pt~on of goods

(23) Freight indicator-

1. Payment status-whether prepaid or payment on collection.

2. Amount and currency.

(24) Additional seals.

p inclusion d pw ir m h r i d ty LN. 1 4 t ~ R O l O j

ALIENS

THE ALIENS ACT

3

DIREC~IONS
(under section 17)

THE ALIENS (CRUISE PASSENGERS) DIRECHONS, 1946

(Made by the Governor in Executive Council on the 25th day of
February, 1946)

L.N. 19/46

1. These Directions may be cited as the Aliens (Cruise Passengers)
Directions, 1946.

2. In these Directions “cruise passenger” means any alien arriving
upon a vessel who intends to remain in the Island only during the
period of the stay of such vessel in the Island and to depart from the
Island upon such vessel.

3. The provisions of subsection (1) of section 18 of the Act shall
not apply to any cruise passenger.

me kclurion of this page b authorized by L.N. 4/1976)

5

?'HE ALIENS ACT

(Mudre by ilie Goveri.ror in Esecritive Couricll O H lhc 25th day of L.N. 20146
hmdt : Fcbn:ary, 1946) I..N. 40B/88

I. These fkrectiona may be cited as the Aliens (Exemption)
Z'i;ectioas, ,946.

2. it'o milh st:; n /1991 1

AUENS

THE ALIENS ACT

DIRECXIONS
(under section 17)

7

”€D3 ALIENS (AIRLINE FLIGHT CREW) DIRECTIONS, 1951

(Made by the Governor in Executive Council on the 15th day of
Janua?y, 1951)

L.N. 20151

1. These Directions m a y be cited as the Aliens (Airline night Crew)
Directions, 1951.

2. In these Directions “member of an airline flight crew” means any
person appointed by the owners or operators of an aimaft being
operated on a scheduled international air service to perform duties on
such aircraft during the flight thereof.

3. The provisions of subsection (1) of Section 18 of the Act shall
not apply to any alien member of an airline fii@ crew who-

(U) has in his possession a certificate in the form annexed hereto
(to which has been &ed a photograph of himself) issued
to him by a competent authority of the state where the
aircraft of the crew of which he is a member has been
registered; and

(b) satisfies the immigration officer that he intends to remain
d the airport where such aircraft has stopped or w W n the
limits of any city adjacent thereto, and to depart by such
aircraft on its next outward fiight or by some other aircraft
on his next regularly scheduled flight.

8 THE ALIENS (AIRLINE FLIGHT CREW) DIRECTIONS. 1951

CREW MEMBER CERTIFICATE *

............................................................
(ISSUINO STATE)

CREW MEMBER CERTIFICATE

Number.. ......................
The ......................................................................... certifies that

(COMPETENT AUTHORITY OF ISSUING STATE)

I Surname ..................................... I
Aftix photograph of

holder of certificate

Other Names ...............................
Residing at ..................................
Born on.. ...................................

At.. ...........................................
(PLACE OF BIRTH)

is a national of ....................................................... is registered in

............................................................ as a person following the

occupation of an airline crew member, and is presently employed by

............................................................................................ as a
(-1

(STATE OF NATIONALITY)

(ISSUING STATE)

............................................................
(DESCRIPTION OF DUTIES)

Signature of holder ...............................................................
- . ._ .- - -.

The holder may, at all times
re-enter.. ...................................

(ISSUING STATE)
upon production of this Certi-
Bcate.

(AFFIX STAMP OR SEN. OF
COMP~BNT AUTHORITY)

._

Valid for use only in comection
with service as an airline crew
member on aircraft of the registry
of

.................................................
(ISSUING STATE)

Issued at .....................................
on.. ...............................

(DATE) .................................................
(Signature of issuing Ower)

* Size of entire document not more than 4x6 inches
(102 x 152 millimetres) outside.

.

me inclusion of this page is authorized by L.N. 125/1981]

AUENS 9

THE ALIENS ACT

DIRECTIONS
(under section 17)

THE ALIENS (CITIZENS OF THE FEDERAL REPUBLIC OF GERMANY)
DIRECTIONS, 1964

L.N. l21/64
Amd:
L.N. -164

(Made by the Minister on the 17th day of April, 1964)

1. These Directions may be cited as the Aliens (Citizens of the
Federal Republic of Germany) Directions, 1964.

2. Notwithstanding the provisions of paragraph (h) of section 6
of the Act, no citizen of the Federal Republic of Germany who is the
holder of a valid passport of that country and who satisfies the Chief
Immigration Officer that he does not intend-

(U ) to reside in Jamaica for a period exceeding three months; and
(b) to take up any employment, or operate any business, or carry

on any trade while he resides in Jamaica,
shall be required to be in possession of a visa.

[The inclusion of this page h authorized by L N. 1251 19811

ALlENS

THE ALIENS ACT

DIREcnONS
(under section 17)

THB ALIENS NORTH AMERICAN VISITORS) (EXEMPTION)
D I R ~ O N S , 1980

(Made by the Minister on the 2nd day of July, 1980)

1. These Directions may be cited as the Aliens (North American
Vishors) (Exemption) Directions. 1980.

2. In bhe8e Directions-
“Nort American Visitor” means-

(a) a citizen of the United States of America, here-
referred to as a United states a*;

(b) any person who is not a Citizen of the united stater of
America but who resides in the United Statca 6f Amerioa
or Puerto Rico or the h e r i m Virgin Islands. b d n -
after referred to as a United states rcsidcnG or

(c) any person who is not a C i b n of, but who d d e s in
Canada, hereinafter referred to as a rannrlinn rcuidcnt;

“North America” means Canada, the United States of America,
I

3. The provisions of section 18(1) of the Act ( d h date to pam-
port requirements) shall not apply to any Nolth American Visitor in
relation to whom the following conditions an satisfied, that t to
my-

Puerto Rico and the American Virgin Idand8.

(U) he produces on a d v d in Jamaica-
(i) a return ticket, whether by air or by 8ca, &owing to

the satisfaction of the immigration ofbr t&at he bar
come dirwtly from, and that he b eatitled to be returned
directly to, North Amenai; or

(ii) a round trip ticket, whether by air or hy .sea. issued in.
and showing to the satisfaction of the immigration
me inclusion of this page is authorized by L.N. 12S/198lJ

THE ALJENS (NORTH AMERICAN VISITORS) (EXEMPTION)
DIRECTIONS, 1980

officer that he is entitled to be retuaned to, North
America,

at any time within six months of his arrival in Jamaica;
(b) in the case of a United States Citizen, he produces 011 arrival

in Jamaica any one or more of the following documents. that
is to say-

(i) a passport which (although no longer valid) has expired
for a period whioh does not exceed one year; or

(ii) a naturalisation centiiicate; or
(iii) a certificate of citizenship; or

(iv) a driver’s licence m h c d with a photograph of the
holder of suoh licence; or

(v) a bibirbh certihate, if the holder of suoh certificate is
not over sixteen years of age, or, if he is over that age
a birth certikate together witb rmah &r documnt
as wiU establish his nationality and identity to the sa&
faction of the immigration officer;

(c) in the case of a United States resident. he pr0duc-a on arrival
in Jamaica any one or more of the following documentS. lhat
is to say-

(i) an alien registration card; or
(ii) awulidre-entryprmit;

(4 in the caac of a Canadian resident, he produas on arrival
in JamaiOa a passport which (d@hough no longer valid) has
expired for a period whiclh does not exceed one year togdwr
with-

(i) a Canadkm immigration record and visa form; or
(ii) 8 Canadian immigration identification record form;

(e) he satisfies t0e immigration ofker that he is a visitor and
that hc does not intend to reside in Jamaica for more than
six monlhs; and

U) he signs a card (hereidkr referred to aa a spacial visitor c82d)
presented to him on his arrival by the immigration
and complies with the conditions endorad thereon,

ITbc influsion of this page U authorized by L.N. l25/19811

THE AUENS (NORTH AMERICAN VISITORS) ( E X W ~ I O ~
DIRECTIONS, 1980

13

ALIENS 14.01

THE ALIENS ACT

DIRECTIONS
(under section 17)

ALIENS (CITIZENS OF THE REPUBLIC OF VENEZUELA) DIRECTIONS.
1981

(Made by the Minister on the 8th day of September, 2981) tn rw/a

1. These Directions may be cited as the Aliens (Citizens of the
Republic of Venezuela) Directions, 1981.

2. Notwithstanding the provisions of paragraph (h) of section 6 of
the Act, no citizen of the Republic of Venezuela who is the holder of
a valid passport of that country shall be required to be in possession
of a visa if he satisfies the immigration officer that-

(a) he is a visitor and does not intend to reside in JamaiCa for
a period exceeding fourteen days;

(b) he does not intend to take up employment, conduct any busi-
ness, carry on any trade or attend any educational institution
while he is in Jamaica; and

(c) he is in possession of a return ticket whether by sea or by air.
showing that he is entitled to be returned directly to the
Republic of Venezuela. or, being a passenger in transit, he
is in possession of a ticket to some other country.

i

ALIENS 14.03

THE ALIENS ACl'

DIRECITONS
(under section 17)

niB ALIENS (CITIZENS OF JAPAN) D m m o ~ s . 1987

(Made by the Minister on the 22nd day of July, 1987) L.": l2&/87

1. These Directions may be cited as the Aliens (Citizens of Japan)
Directions, 1987.

2. Notwithstanding the provisions of paragraph (h) of section 6 of
the Act, no citizen of Japan who is the holder of a valid passport of
that country shall be required to be in possession of a visa if he satis-
fies the Immigration Officer that-

(U) he is a visitor and does not intend to reside in Jamaica for
a period exceeding thirty days;

(b) he does not intend to take up employment, conduct any
business, carry on any trade or attend any educational institu-
tion while he is in Jamaica; and

(c) he is in possession of a return ticket, whether by sea or by
air, showing that he is entitled to be returned directly to
Japan, or being a passenger in transit he is in possession of
a ticket to some other country.

ITbe indusioa of this page is authorized by L.N. 62/1988l

ALIENS 15

THE ALIENS ACT

REGULATIONS
(under section 22)

THE ALIENS REGULATIONS. 1946

(Made by the Governor in Executive Council on the 25th day of
Febnuay. 1946)

L.N. 18/46

1. These Regulations may be cited as tho Aliens Regulations. 1946.

2. Any alien who is absent from his residence for a period exceeding
three months shall report to the registration officer of the district
of his residence in accordance with the provisions of paragraph (d)
of subsection (1) of d o n 11 of the Act.

3. The provisions of section 11 of the Act shall not apply to any
alien not resident in the Island who has been in the Island for a
period not exceding six months.

ALIENS ' 17

THE ALIENS ACT

REGULATIONS
(under section 22)

THE ALIENS IDENTIFICATION (PHOTOGRAPHY AND MEASUREMENT)
REGULATIONS, 1948

(Made by the Governor in Executive Council on the 18th day of
October, 1948)

L.N. 8614

1 4 1 ) These Regulations may be cited as the Aliens Identification
(Photography and Measurement) Regulations, 1948.

(2) These Regulations shall apply to every alien in custody for
any offence against the Act.

2. Subject to the provisions of these Regulations every alien to
whom these Regulations apply may be photographed and measured
by any constable or Prison officer.

3. The photographs to be taken may include a photograph of the
full face, a photograph of the true profile and a full-length photograph.

4. The measurements to be taken may i nc lude
(a) his height when standing;
(b) the size and relative positions of every scar and distinctive

mark upon any part of his body; and
(c) the external filament of the fingers and thumbs of each hand

which shall be taken by pressing them first upon an ink
plate or pad and then upon paper ur cardboard sb as to
leave a clear print thereon of the skin surface.

5. A photograph of a person takm pursuant to these Regulations
shall not be published except for the purpose of tracing such person
nor shall any such photograph be shown to any person other than
a constable or servant of the Crown acting in the course of his duty
or a person authorized by the constable or servant of the Crown so
acting to see it.

inclusion of this p.ge is authorized by L.N. 125/1981]

,... q . . . . _ . -> .. ~ . I. ., , % ;.E;
. .

THE ALIENS ACT ... ;p'< ::

T H E ALIENS (PORTS OF ENTRY) REGULATI

(Made by the Governor in Executive Council on the 15th day of
January, 1951)

L.N. 37/51

1. These Regulations may be cited as the Aliens (Ports of Entry)
Regulations, 1951.

2. For the purposes of these Regulations the ports specified in the
Schedule shall be ports of entry. schcdula.

3. Subject to any exemptions which may be granted under section 17
of the Act, leave shall not be given to an alien coming from outside
the Island to land in the Island elsewhere than at a port of entry:

Provided that the Chief Immigration Officer may in his absolute
discretion grant leave to an alien coming from outside the Island to
land in the Island elsewhere than at a port of entry if-

(U) such alien is a passenger on board of a ship whose first port
of call in Jamaica is some port other than a port of entry; and

(b) the master of such ship gives not less than forty-eight hours
notice to the Chief Immigration Officer specifying-

(i) the port which is intended to be the first port of call
in Jamaica of such ship; and

(ii) the day and time at which he anticipates that such
ship will arrive at such port; and

(iii) the name. the nationality, the occupation, the place of
permanent residence and the port of embarkation of
the alien; and

(iv) the nature, identification number, if any, date and place
of issue and authority by whom was issued any passport
or other travel document or certificate of identity in
the possession of the alien.

Y

I 20
I

t

i

i

I

I ,

THE ALIENS (PORTS OF ENTRY) REGUUTIONS, 1951

scapana (Rcaulrtion 2)

Ihe Port of Kingston

Port Royal

Tho Normur M d e y Intcnrrtiod Aimott
l%e Port of Monkgo Bay

The Smgstcr Inter~tioapl Airport

Port Antonio.
Read Entire Law on www.moj.gov.jm