Customs and Border Control Act (2024 Revision) - Section 2 Glossary

Statutory definitions and vocabulary terms established under Section 2 (Interpretation) of the Cayman Islands Customs and Border Control Act (2024 Revision).

ad valorem

Has the meaning assigned to it in section 44.

airport

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).

approved vaccine course

A vaccination course which: (a) prevents or suppresses any notifiable disease under Part VI of the Public Health Act (2021 Revision); (b) has been approved for the purposes of this Act by Cabinet, acting on the advice of the Medical Officer of Health; and (c) has been notified in the Gazette or in any other official Government website or in any other official means of communication.

apron

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.

arms

Firearms as defined in the Firearms Act (2008 Revision) and includes batons and handcuffs.

arrival

Arrival in a port or in an airport or in an area within the territorial limit of the Islands.

assigned matter

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.

bearer negotiable instrument

A monetary instrument in bearer form and includes: (a) a traveller's cheque; (aa) bearer bonds; (ab) postal orders; (b) 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; and (c) an incomplete instrument (including a cheque, promissory note or money order) signed, but with the payee's name omitted.

boarding station

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.

bonded warehouse

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.

captain

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.

cash

Bank notes or coins that are legal tender in any country whether or not convertible.

Caymanian

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).

chief officer

The chief officer appointed pursuant to the Public Service Management Act (2018 Revision) who has oversight of the Customs and Border Control Service.

child

A biological or adopted child under the age of eighteen years.

coasting ship

A vessel for the time being engaged in, preparing for or completing a coastwise voyage.

coastwise

Appertaining to a journey by sea or air from a place within the jurisdiction to another such place.

commander

In relation to an aircraft, includes any person having or taking the charge or command of an aircraft.

container

A receptacle designed for the packing of goods for transportation, and includes any bundle, package, cask or other receptacle.

convicted and deportable

In relation to a person, means a person in respect of whom any court: (a) 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; and (b) recommends that a deportation order should be made in the person's case, either in addition to or in lieu of sentence.

customed goods

Goods which have been submitted to and lawfully released from the charge of the Customs and Border Control Service.

Customs and Border Control services

The making of representations on behalf of a particular individual: (a) in civil proceedings before a court, tribunal or adjudicator in the Islands; or (b) in correspondence with a Government department in connection with one or more relevant matters.

dependant

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.

deportation order

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.

destitute person

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.

drawback

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.

dutiable goods

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.

duty

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).

electronic address

Includes an email address, an internet protocol (IP) address and the address of a digital mailbox.

entry

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.

Health Officer

A registered medical practitioner appointed by the Cabinet to be a Health Officer for the purposes of this Act.

home use

With reference to imported goods, means goods which are intended for, or have gone into, consumption, use or retention in the Islands.

importer

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 ballast

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-transit

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.

inter-Island

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.

inward

In relation to: (a) 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; (b) 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.

jurisdiction

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.

King's Warehouse

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.

land

To go to, to be, to remain or to reside in any place in the Islands other than: (a) on board a vessel; or (b) in a place under the control of an officer in the officer's official capacity.

local agent

In relation to a vessel, means: (a) the owner of the vessel, if the owner is in the Islands; (b) 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; or (c) the agent in the Islands for the person or corporate body for the time being owning or operating the vessel.

medical certificate

A certificate: (a) 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); (b) which is (i) 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; and (ii) 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); and (c) which is approved by the Medical Officer of Health.

mile

A nautical mile being a distance of six thousand and eighty feet.

outward

In relation to: (a) 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; (b) 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.

package tax

The tax on imported goods prescribed by section 51.

permanent resident

A person who has been granted permission: (a) under Part 6 of the Immigration (Transition) Act (2022 Revision); or (b) 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.

port

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.

prohibited or restricted goods

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.

recreational sports fishing vessel

A sports fishing boat based in the Cayman Islands and registered in accordance with prescribed procedure.

Refugee Convention

The Convention relating to the Status of Refugees done at Geneva on the 28th July, 1951 and the Protocol to the Convention.

relevant matters

Any of the following: (a) a claim for asylum; (b) an application for an extension of permission to enter or remain in the Islands; (c) unlawful entry into the Islands; (d) removal or deportation from the Islands; (e) an application for bail for a customs and border control offence; or (f) 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).

stiffening order

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.

stores

Goods for use in a vessel such as the following: (a) fuel; (b) spare parts; (c) other articles of equipment, whether or not for immediate use; (d) consumable stores and other goods for use in or store on a vessel; (e) any goods for use in a vessel as merchandise for sale by retail to persons carried in a ship or aircraft.

student

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: (a) is eighteen years of age or older; (b) is seeking to enter the Cayman Islands for the purpose of attending a recognised educational institution on a full-time basis; (c) intends to leave the Islands at the end of the student's studies; and (d) is not named as a dependant for the purposes of this Act.

tourist visitor

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.

transhipment

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.

transire

A written authority issued by Customs and Border Control permitting the carriage of goods on a coastwise voyage.

transit

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.

transit passenger

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.

transit shed

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.

uncustomed goods

Imported goods which have not been submitted to and legally released from the charge of Customs and Border Control.

undesirable person

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.

vaccination certificate

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.

vessel

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.

warehouse keeper

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.

Workforce Opportunities and Residency Cayman Department

The department of Government continued under the Immigration (Transition) Act (2022 Revision).

work permit

A work permit granted under the Immigration (Transition) Act (2022 Revision).