Cayman Islands Identification Card Regulations, 2025

A BILL FOR AN ACT TO AMEND THE INFORMATION AND COMMUNICATIONS TECHNOLOGY ACT (2019 REVISION) TO AMEND THE DEFINITION OF “LICENCE FEES”; TO PROVIDE FOR ADMINISTRATIVE FEES AND TYPES OF ANNUAL LICENCE FEES; TO CLARIFY THE REQUIREMENT TO PROVIDE FOR LICENCE FEES TO BE PRESCRIBED AND FOR THE MAKING OF AN APPLICATION FORM FOR A LICENCE; TO VALIDATE THE CHARGING, PAYMENT AND COLLECTION OF CERTAIN FEES DURING SPECIFIED PERIODS; TO VALIDATE ACTIONS TAKEN IN THE CHARGING AND COLLECTION OF CERTAIN FEES; AND FOR INCIDENTAL AND CONNECTED PURPOSES PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Ministry of Finance and Economic Development Memorandum of The Bill seeks to amend the Information and Communications Technology Act (2019 Revision) (the “principal Act”) by amending the definition of “licence fees”, providing for administrative fees and types of annual licence fees, clarifying the requirement for licence fees to be prescribed and for the making of an application form for a licence. The Bill also validates the charging, payment and collection of certain fees during specified periods, the actions taken in the charging and collection of certain fees and provides for incidental and connected purposes. The Bill is divided into three Parts. Part 1 of the Bill deals with the preliminary matters at clauses 1 and 2. Clause 1 provides the short title of the legislation. Clause 2 provides for general amendments to the principal Act to change the use of Roman numerals in the Part headings to Arabic numerals. Part 2 of the Bill comprises clauses 3 to 7 and provides amendments to the principal Act. Clause 3 makes various amendments to section 2 of the principal Act. The clause amends the section heading of section 2 of the principal Act and renumbers section 2 as section 2(1). It provides a new definition of “licence fee,” outlining the categories of fees included under that term. The clause also defines “administrative fee” and “type approval”. In addition, the clause inserts a new subsection (2) to section 2 of the principal Act. This new proposed subsection sets out the annual fees payable to the Office and provides definitions for each. These annual fees payable to the Office by a licensee, where applicable, are — (a) a radio licence fee for the authorization — (i) to operate, supply, import or deal in radio-communications equipment; or (ii) to establish or operate radio stations in the Islands on Cayman Islands’ registered vessels or aircrafts; (b) a regulatory fee that is payable on a quarterly basis for the Office’s general regulatory services related to the licence; (c) a royalty fee that is calculated as six per cent of the licensee’s gross revenue as defined in the licence. This fee is charged and collected by the Office on a quarterly basis and subsequently remitted to the Government; (d) a spectrum fee for the assignment or allocation of rights to use specified portions of the electromagnetic spectrum, whether on an exclusive or shared basis. It also includes any associated fees for the management, regulation, or administration of spectrum resources in relation to the functions of the Office. Clause 4 amends section 9 of the principal Act by empowering the Office to perform a noninterference related spectrum analysis for a person who is interested, for internal use, in the data from the analysis. The analysis will be conducted if the person makes a request and the Office agrees to conduct the analysis. Clause 5 amends section 26 of the principal Act by removing the requirement for the application form for a licence to be prescribed. The clause proposes that an application form must be in the form approved by the Office. Clause 6 repeals section 30 of the principal Act and proposes substituting with two new sections. The proposed new section 30 makes it clear that licence fees are to be prescribed by regulations. The proposed new section 30A empowers the Office to charge administrative fees relating to a request for a regulatory service or relating to a licence, as the Office determines. Clause 7 amends section 34(2)(b). This amendment is necessary to make it clear that the fees that may be charged by the Office to make copies of an entry in the register are administrative fees. Part 3 of the Bill comprises clauses 8 to 12 dealing with the validation of the charging, payment and collection of licence fees. Clause 8 provides for the definitions of the words used in Part 3. Clause 9 provides for the validation of licence fees charged by, paid to, and collected by, the Office during the period commencing on the date of commencement of the Information and Communications Technology (Validation) Act, 2024 and ending on the date of commencement of this amending and validating legislation, by deeming that the licence fees were prescribed in Regulations which were made under section 97(3) of the principal Act and published in the Gazette. Clause 10 deals with the validation of fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, charged by, paid to, and collected by, the Authority or the Office, under the purported authority of the Information and Communications Technology Authority Act, 2002 and the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to the date of commencement of this amending and validating legislation. The charging by, payment to, and collection by, the Authority or the Office, as applicable, is validated as if the Authority or the Office had authority under the Information and Communications Technology Authority Act, 2002, and the Information and Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating legislation, and as if the fees, where applicable, had been prescribed in regulations and published in the Gazette. Clause 11 provides for the immunity of any director of the Board, non-executive member or any staff member of the Office by validating their actions in the charging and collecting of licence fees by the Office during the period commencing on the date of commencement of the Information and Communications Technology (Validation) Act, 2024 and ending on the date of commencement of this amending and validating legislation as if the actions would have been valid had the licence fees been prescribed in regulations which were published in the Gazette. The clause also provides for the immunity of a director of the Board, a staff member of the Authority, a non-executive member or a staff member of the Office, in the charging and collecting of any fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, by the Authority or the Office, prior to the date of commencement of this amending and validating legislation. The clause deems that such persons were empowered under the Information and Communications Technology Authority Act, 2002, and the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating legislation. Clause 11 further provides that where the actions of these persons were done in bad faith, the actions are not deemed to have been lawful or valid. Clause 12 provides that any order or determination of a court in respect fees including licence fees, fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, made prior to the commencement of this amending and validating legislation is not affected by this legislation. Clause PART 1 - PRELIMINARY General amendments to the Information and Communications Technology Act (2019 PART 2 - AMENDMENT OF THE INFORMATION AND PART 3 - VALIDATION PROVISIONS AND CONNECTED MATTERS Clause 1 A BILL FOR AN ACT TO AMEND THE INFORMATION AND COMMUNICATIONS TECHNOLOGY ACT (2019 REVISION) TO AMEND THE DEFINITION OF “LICENCE FEES”; TO PROVIDE FOR ADMINISTRATIVE FEES AND TYPES OF ANNUAL LICENCE FEES; TO CLARIFY THE REQUIREMENT TO PROVIDE FOR LICENCE FEES TO BE PRESCRIBED AND FOR THE MAKING OF AN APPLICATION FORM FOR A LICENCE; TO VALIDATE THE CHARGING, PAYMENT AND COLLECTION OF CERTAIN FEES DURING SPECIFIED PERIODS; TO VALIDATE ACTIONS TAKEN IN THE CHARGING AND COLLECTION OF CERTAIN FEES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY Short title This Act may be cited as the Information and Communications Technology (Amendment and Validation) Act, 2025. Clause 2 General amendments to the Information and Communications Technology Act (2019 Revision) - references to Parts The Information and Communications Technology Act (2019 Revision), in this Act referred to as the “principal Act”, is amended as follows — (a) by deleting the words “Part I” wherever they appear and substituting the words “Part 1”; (b) by deleting the words “Part II” wherever they appear and substituting the words “Part 2”; by deleting the words “Part III” wherever they appear and substituting the words “Part 3”; (d) by deleting the words “Part IV” wherever they appear and substituting the words “Part 4”; (e) by deleting the words “Part V” wherever they appear and substituting the words “Part 5”; (f) by deleting the words “Part VI” wherever they appear and substituting the words “Part 6”; (g) by deleting the words “Part VII” wherever they appear and substituting the words “Part 7”; (h) by deleting the words “Part VIII” wherever they appear and substituting the words “Part 8”; (i) by deleting the words “Part IX” wherever they appear and substituting the words “Part 9”; (j) by deleting the words “Part X” wherever they appear and substituting the words “Part 10”; (k) by deleting the words “Part XI” wherever they appear and substituting the words “Part 11”; and by deleting the words “Part XII” wherever they appear and substituting the words “Part 12”. PART 2 - AMENDMENT OF THE INFORMATION AND Amendment of section 2 - definitions The principal Act is amended in section 2 as follows — (a) by repealing the section heading and substituting the following section heading — Clause 3 “Interpretation”; (b) by renumbering section 2 as section 2(1); by inserting after the definition of the words “administrative determinations” the following definition — “ “administrative fee” means a fee under section 30A;”; (d) by deleting the definition of the words “licence fees” and substituting the following definition — “ “licence fee” means any of the following fees payable to the Office by an applicant or a licensee for a licence — (a) an application fee; (b) an annual fee: (c) a renewal fee; or (d) a one-time fee for each experimental licence or temporary licence;”; (e) by deleting the word “and” after the definition of the word “telecommunications”; (f) by inserting after the definition of the word “telecommunications”, the following definition — “ “type approval” means the process by which the Office authorizes the importation, sale or use of relevant telecommunications equipment in the Islands; and”; and (g) by inserting after section 2(1) as renumbered, the following subsection — “(2) For the purposes of the definition of the words “licence fee” under subsection (1), the annual fees, where applicable, payable to the Office by a licensee are — (a) a radio licence fee that is payable to the Office for the authorization — (i) to operate, supply, import or deal in radiocommunications equipment; or (ii) to establish or operate radio stations in the Islands on Cayman Islands’ registered vessels or aircrafts; (b) a regulatory fee that is payable to the Office on a quarterly basis by a licensee for the general regulatory services of the Office in respect of a licence; (c) a royalty fee that is payable to the Office by a licensee in respect of a licence which equates to six per cent of the licensee’s gross revenue as defined in the licence and which is charged and Clause 4 collected by the Office on a quarterly basis and subsequently paid to the Government; and (d) a spectrum fee that is payable to the Office for the assignment or allocation of rights to use specified portions of the electromagnetic spectrum, whether on an exclusive or shared basis and includes any associated fee payable for the management, regulation or administration of spectrum resources relating to the functions of the Office.”. Amendment of section 9 - powers and functions of Office The principal Act is amended in section 9(3) by inserting after paragraph (hd) the following paragraph — “(he) to conduct a non-interference related spectrum analysis if requested by a person interested in capturing certain data for that person’s internal use and the Office agrees to the analysis;”. Amendment of section 26 - procedure for the grant of a licence The principal Act is amended in section 26(1) by deleting the words “in the prescribed form and accompanied by such fees as may be determined by the Office” and substituting the words “in the form approved by the Office and accompanied by the applicable licence fees”. Repeal and substitution of section 30 - licence fees The principal Act is amended by repealing section 30 and substituting the following sections — “Licence fees

(1) An applicant for a licence or a licensee under this Act shall pay the licence fee for the licence as is prescribed. (2) The licence fee referred to in subsection (1) shall be payable directly by an applicant or a licensee, as applicable, to the Office at such time or times as prescribed by regulations. Administrative fee 30A. The Office may charge, as it determines, the following fees for administrative services relating to a request for a regulatory service or relating to a licence — (a) a fee for a type approval; (b) a fee for amending a licence; a fee for assigning or transferring a licence from a licensee to a third party; Clause 7 (d) a fee for dealing in shares under section 25; (e) a fee for conducting a non-interference related spectrum analysis under section 9(3); and (f) a fee for copying an entry in the register under section 34.”. Amendment of section 34 - register of applications and licences The principal Act is amended in section 34(2)(b) by inserting the word “administrative” after the words “charge such”. PART 3 - VALIDATION PROVISIONS AND CONNECTED MATTERS Definitions for this Part For the purposes of this Part — “administrative fee” means a fee charged by, paid to, or collected by, the Office or the Authority, as applicable, for services relating to a request for a regulatory service or relating to a licence and includes — (a) a fee for type approval; (b) a fee for amending a licence; a fee for assigning or transferring a licence from a licensee to a third party; (d) a fee for dealing in shares under section 25; and (e) a fee for copying an entry in the register under section 34 of the principal Act; “Authority” means the Information and Communications Technology Authority established by section 3 of the Information and Communications Technology Authority Act, 2002; “Board” has the meaning assigned by section 2 of the Utility Regulation and Competition Act (2024 Revision); “licence fee” has the meaning assigned by the principal Act prior to the commencement of this amending and validating Act; “licensee” means a person to whom a licence was granted by — (a) the Authority under the Information and Communications Technology Authority Act (2016 Revision) and any earlier version of that Act in force immediately before the 16th January, 2017; or (b) the Office under the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act; Clause 9 “non-executive member” has the meaning assigned by section 2 of the Utility Regulation and Competition Act (2024 Revision); “Office” has the meaning assigned by section 2 of the Information and “radio licence fee” means a fee charged by, paid to, and collected by, the Authority or the Office, as applicable, for the authorization — (a) to operate, supply, import or deal in radio-communications equipment; or (b) to establish or operate radio stations in the Islands on Cayman Islands registered vessels or aircraft; “regulatory fee” means a fee — (a) charged and collected on a quarterly basis by; and (b) paid by a licensee for the general regulatory services of, the Authority or the Office, as applicable, in respect of the licence; “royalty fee” means a fee paid by a licensee in respect of the licence which fee equates to six per cent of the licensee’s gross revenue as defined in the licence and which was charged and collected by the Office on a quarterly basis and subsequently paid to the Government; “spectrum fee” means a fee charged by, paid to, and collected by the Authority or the Office, as applicable, for the assignment or allocation of rights to use specified portions of the electromagnetic spectrum, whether on an exclusive or shared basis and includes any associated fee charged for the management, regulation or administration of spectrum resources relating to the functions of the Office; and “type approval” means the process by which the Office or the Authority, as applicable, authorized the importation, sale or use of relevant telecommunications equipment in the Islands. Validation of charge, payment and collection of licence fees The licence fees charged by, paid to, and collected by, the Office during the period commencing on the date of commencement of the Information and Communications Technology (Validation) Act, 2024 and ending on the date of commencement of this amending and validating Act are — (a) (b) taken to have been lawfully charged by, paid to, and collected by, the Office, as if the licence fees had been prescribed in regulations which were — (i) made under section 97(3)(a) of the principal Act; and (ii) published in the Gazette. Clause 10 Validation of charge, payment and collection of fees

The fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, charged by, paid to, and collected by, the Authority or the Office, as applicable, under the purported authority of the Information and Communications Technology Authority Act, 2002 and Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to the date of commencement of this amending and validating Act are — (a) (b) taken to have been lawfully charged by, paid to, and collected by, the Authority or the Office, as applicable, as if the Authority or the Office, as applicable, was empowered under the Information and Communications Technology Authority Act, 2002 and the Information and Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating Act, to charge and collect those fees, and as if the fees, where applicable, had been prescribed in regulations and published in the Gazette. Immunity

(1) Notwithstanding any law to the contrary, any action of a director of the Board, non-executive member, or staff member of the Office in the charging and collecting of licence fees by the Office during the period commencing on the date of commencement of the Information and Communications Technology (Validation) Act, 2024 and ending on the date of commencement of this amending and validating Act are — (a) (b) taken to have been lawful and valid, as if the action would have been lawful and valid had the licence fees been prescribed in regulations which were — (i) made under section 97(3)(a) of the principal Act; and (ii) published in the Gazette. (2) Notwithstanding any law to the contrary, any action of a director of the Board, a staff member of the Authority, a non-executive member, or a staff member of the Office, in the charging and collecting of any fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, by the Authority or the Office, as applicable, under the purported authority of the Information and Communications Technology Authority Act, 2002 and Information and Clause 12 Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to the date of commencement of this amending and validating Act is — (a) (b) taken to have been lawful and valid, as if the Authority or the Office, as applicable, was empowered under the Information and Communications Technology Authority Act, 2002; and Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating Act to charge and collect those fees and as if the fees, where applicable, had been prescribed in regulations and published in the Gazette. (3) For the purposes of subsections (1) and (2), an action of — (a) a director of the Board; (b) a staff member of the Authority; a non-executive member; or (d) a staff member of the Office, is not taken to have been lawful or valid if the action was done in bad faith. Orders or determinations by a court

This amending and validating Act does not affect any order or determination made by a court with respect to fees, including licence fees, fee for an experimental licence, fee for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, prior to the date of commencement of this amending and validating Act. Passed by the Parliament the day of Speaker Clerk of the Parliament