10A. Advance passenger information
-
(1) In this section —
“advance passenger information” means the information or data concerning a crew member, passenger or other person travelling in an aircraft or a vessel as set out in Schedule 1; (Substituted by Act 5 of 2018)
“advance passenger information system” means the automated electronic data interchange of advance passenger information; and the screening of advance passenger information by the competent authority, IMPACS and Joint Regional Communication Centre against a Watch List for an API hit; (Inserted by Act 5 of 2018)
“agent” means a person who is authorized in writing by the owner, captain or master of an aircraft or a vessel to perform a function under this Act on behalf of the owner, captain or master; (Inserted by Act 5 of 2018)
“aircraft” includes an aeroplane or a helicopter or other means of airborne navigation by means of which a person can travel across international borders; (Inserted by Act 5 of 2018)
“API hit” means a name present on the watch list; (Inserted by Act 5 of 2018)
“CARICOM Council for Security and Law Enforcement” means the Council incorporated into the Revised Treaty of Chaguaramus by way of a Protocol which was opened for signature in March 2009; (Inserted by Act 5 of 2018)
“commercial aircraft” means an aircraft which engages in transporting passengers or goods for monetary gain; (Inserted by Act 5 of 2018)
“competent authority” means such person or entity as the Minister may by Order prescribe;
“crew member” means —
-
(a) in relation to an aircraft, a licensed individual charged with performing the duties essential to the operation of the aircraft during a flight; and
-
(b) in relation to a vessel, an individual charged with performing duties essential to the operation of a vessel and the safety, entertainment and well-being of its passengers during a journey;
(Inserted by Act 5 of 2018)
“domestic space” means the countries listed in Schedule 2;
“JRCC” means the Joint Regional Communication Centre which is a sub agency of IMPACS; (Inserted by Act 5 of 2018)
“IMPACS” means the Implementing Agency for Crime and Security established under the 2006 Agreement establishing the CARICOM Implementing Agency for Crime and Security; (Inserted by Act 5 of 2018)
“INTERPOL” means the International Criminal Police Organization; (Inserted by Act 5 of 2018)
“passenger” means any person not being a bona fide member of the crew, travelling or seeking to travel on a vessel or an aircraft; (Amended by Act 5 of 2018)
“private aircraft” means an aircraft which is not a commercial or state aircraft; (Inserted by Act 5 of 2018)
“technical stop” or “stops for non-traffic purposes” means an aircraft or vessel arriving for purposes of refueling, repairs, emergency or a similar purpose other than taking on or discharging passengers, baggage, cargo or mail; (Inserted by Act 5 of 2018)
“vessel” means a ship, boat, yacht or other floating or submersible transportation by means of which persons can travel across international borders; (Inserted by Act 5 of 2018)
“watch list” means a list that is used to watch or track the current activity or movements of criminals including terrorists and persons who have been found guilty of involvement with stolen and lost travel documents; criminal deportees and other persons of interest to the intelligence community. (Inserted by Act 5 of 2018)
-
(2) This section applies to a vessel or an aircraft which —
-
(a) is expected to arrive in Saint Lucia; or
-
(b) has left or is expected to leave Saint Lucia.
(Amended by Act 5 of 2018)
-
(3) The master, captain or agent of a vessel or an aircraft to which subsection (2) applies, shall, at such time as provided in subsection (4), provide to the competent authority in such form and manner as may be approved by the Minister, the relevant advance passenger information, in respect of the vessel or an aircraft and each person on board. (Amended by Act 5 of 2018)
-
(4) Where —
-
(a) subsection (2)(a) applies, the data referred to in subsection (3) shall be provided —
-
(i) in the case of a commercial aircraft, no later than 15 minutes after departure from the last port of call,
-
(ii) in the case of a private aircraft, no later than 30 minutes prior to the departure from the last port of call;
-
(iii) in the case of a ship arriving from outside the domestic space, no later than 24 hours prior to arrival; and
-
(iv) in the case of a ship from a destination within the domestic space, no later than one hour prior to arrival of the vessel from the last port of call; or
-
(b) subsection (2)(b) applies, then, subject to subsection (5), the data referred to in subsection (3) shall be provided no later than 15 minutes after the departure from Saint Lucia.
-
(5) Subsection (4)(b) does not apply to the departure of a vessel from country to a destination within the domestic space.
-
(6) Where a master, captain or agent, intentionally or recklessly —
-
(a) fails to transmit the data in accordance with subsection (3) or (4); or
-
(b) transmits incomplete or false data,
the master, captain or agent commits an offence and is liable to a fine not exceeding US$100,000 or its equivalent in Eastern Caribbean dollars.
(Amended by Act 5 of 2018)
-
(7) The Minister may waive the requirements of subsection (3) or (4) in such circumstances and on such conditions as the Minister may prescribed.
-
(8) Nothing in this section applies to an aircraft or a vessel which lands, berths, anchors or otherwise arrives or stops in Saint Lucia if the arrival is —
-
(a) required by a statutory or other requirement relating to navigation;
-
(b) a technical stop; or
-
(c) authorized by the competent authority.
(Inserted by Act 5 of 2018)
-
(9) If an aircraft or a vessel arrives or stops for a reason outlined in subsection (8), the master, captain or agent shall —
-
(a) immediately report to the competent authority;
-
(b) not permit a crew member, passenger or other person to disembark from the aircraft or vessel unless the competent authority gives consent; or
-
(c) comply with the directions given by the competent authority in relation to the crew member, passenger or other person on the aircraft or the vessel.
(Inserted by Act 5 of 2018)
-
(10) A master, captain or agent who fails to comply with subsection (9) commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both. (Inserted by Act 5 of 2018)
-
(11) Notwithstanding subsection (10), the disembarkation of a crew member, passenger or other person from an aircraft or a vessel does not constitute an offence, where it is necessary for reasons of health, safety or the preservation of life. (Inserted by Act 5 of 2018)
(Inserted by Act 2 of 2007)