Cayman Islands Customs and Border Control Act (2024 Revision) - Section 2 Interpretation

Vocabulary flashcards defining statutory terms and expressions from Section 2 (Interpretation) of the Cayman Islands Customs and Border Control Act (2024 Revision).

Approved vaccine course

A vaccination course which prevents or suppresses any notifiable disease under Part VI of the Public Health Act (2021 Revision), has been approved by Cabinet acting on the advice of the Medical Officer of Health, and has been notified in the Gazette or in any other official Government website or 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), including batons and handcuffs.

Bearer negotiable instrument

A monetary instrument in bearer form, including traveller's cheques, bearer bonds, postal orders, negotiable instruments (cheques, promissory notes, money orders) in bearer form or where title passes upon delivery, and incomplete signed instruments 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 thereof where uncustomed goods, in respect of which entry has been made, may lawfully be stored without payment of duty during storage for a prescribed period and under prescribed conditions.

Captain

The pilot of an aircraft designated by the operator, or in general aviation designated by the owner, as being in command and charged with the safe conduct of the flight.

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A person who possesses Caymanian status under the repealed Immigration Law (2015 Revision) or any earlier law providing for the same or similar rights, including a person who acquired that status under Part 5 of the Immigration (Transition) Act (2022 Revision).

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.

Convicted and deportable

A person certified by a court to Cabinet as convicted of an offence punishable with imprisonment otherwise than only in default of payment of a fine, and recommended by the court for a deportation order 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.

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 their 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 statutory provision.

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).

Entry

In respect of any goods, a written declaration of the importation or exportation of such goods in such form as Customs and Border Control may require.

Home use

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

In ballast

In relation to 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, meaning that the passengers or goods are ultimately bound for a destination outside the jurisdiction.

Jurisdiction

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 on board a vessel or in a place under the control of an officer in the officer's official capacity.

Mile

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

Money

Cash or a bearer negotiable instrument.

Permanent resident

A person who has been granted permission under Part 6 of the Immigration (Transition) Act (2022 Revision) or by virtue of any earlier law to remain permanently in the Islands, whose permission is still current and has not been revoked or lost.

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

Matters comprising a claim for asylum, an application for extension of permission to enter/remain, unlawful entry, removal or deportation, bail for a customs and border control offence, or related appeals and judicial reviews.

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, including fuel, spare parts, other articles of equipment, consumable stores, and merchandise for retail sale to persons carried in a ship or aircraft.

Student

A non-Caymanian (not the spouse/civil partner of a Caymanian, permanent resident, or RERC holder) who is eighteen years of age or older, seeking entry to attend a recognised educational institution full-time, intending to leave after studies, and not named as a dependant.

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 en route to a destination other than the country from which the passenger arrived.

Transit shed

Any building, place or portion thereof approved by the Director 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 that their 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.

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.