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Amendment of section 2 of the Customs and Border Control Act (2021 Revision) - 3. Amendment of section 94 - entry by persons other than Caymanians or persons legally 4. Insertion of sections 110A and 110B - requirement for mandatory vaccinations for 5. Customs and Border Control (Amendment) Act, 2021 CUSTOMS AND BORDER CONTROL (AMENDMENT) ACT, 2021 AN ACT TO AMEND THE CUSTOMS AND BORDER CONTROL ACT (2021 REVISION) IN ORDER TO PROVIDE IN CERTAIN CIRCUMSTANCES FOR MANDATORY VACCINATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Customs and Border Control (Amendment) Act, 2021. (2) This Act comes into force immediately after the Immigration (Transition) (Amendment) Act, 2021 comes into force.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Customs and Border Control Act (2021 Revision) - interpretation 2. The Customs and Border Control Act (2021 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201capproved vaccine course\u201d means a vaccination course which \u2014 (a) prevents or suppresses any notifiable disease under Part 6 of the Public Health Act (2021 Revision); I Assent, Martyn Roper Governor Date: 11th day of October, 2021 Customs and Border Control (Amendment) Act, 2021 (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; \u201cmedical certificate\u201d means a certificate \u2014 (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 \u2014 (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\u2019s 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; \u201cMedical Officer of Health\u201d has the meaning assigned by section 2 of the Public Health Act (2021 Revision); \u201cregistered medical practitioner\u201d means a person registered to practise medicine under the Health Practice Act (2021 Revision); and \u201cvaccination certificate\u201d means 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;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 94 - entry by persons other than Caymanians or persons legally and ordinarily resident 3. The principal Act is amended in section 94(2) by inserting after the words \u201cin the Islands\u201d the words \u201cand shall not require a student visa\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Insertion of sections 110A and 110B - requirement for mandatory vaccinations for persons under this Part; exemptions by the Medical Officer of Health 4. The principal Act is amended by inserting after section 110 the following sections \u2014 Customs and Border Control (Amendment) Act, 2021 \u201cRequirement for mandatory vaccinations for persons under this Part 110A. (1) Subject to section 110B, a person to whom the sections specified in subsection (2) apply, in addition to any documentary evidence, information or prescribed fee required, shall provide the Cabinet or the Director, as applicable, with \u2014 (a) a vaccination certificate relating to that person; (b) in the case of a person who has been vaccinated with a vaccine course which is not an approved vaccine course, a declaration which is signed by the person and which states that the person will comply with any directions of the Medical Officer of Health given with regard to vaccination; or (c) in the case of an unvaccinated person \u2014 (i) a declaration which is signed by the person and which states that \u2014 (A) in the case of a person applying to land in, enter into or attend an educational institution in the Islands, the person will complete an approved vaccine course and provide the Cabinet or the Director, as applicable, with a vaccination certificate \u2014 (AA) within forty days of being granted permission to land in, enter into or attend an educational institution in the Islands; (BB) within forty days of the date of the person\u2019s landing in or entry into the Islands; or (CC) within such other period as directed by the Medical Officer of Health; (B) in the case of a person applying to remain in the Islands, the person will complete an approved vaccine course and provide the Cabinet or the Director, as applicable, with a vaccination certificate within forty days of being granted permission to remain in the Islands or within such other period as directed by the Medical Officer of Health; and (C) the person will comply with any directions as are provided by the Medical Officer of Health with regard to vaccination; or (ii) a medical certificate. (2) The sections to which subsection (1) relates are as follows \u2014 Customs and Border Control (Amendment) Act, 2021 (a) section 90; and (b) section 110. (3) Subject to section 110B, the Cabinet or the Director, as applicable, shall not consider an application under any of the sections specified in subsection (2), if the application is not accompanied by \u2014 (a) a vaccination certificate; (b) a declaration referred to under subsection (1)(b) or (c)(i); or (c) a medical certificate, as applicable. (4) Where a person referred to under subsection (1), unless otherwise exempted in accordance with subsection (1)(c)(ii) or section 110B, fails \u2014 (a) to complete an approved vaccine course in accordance with subsection (1)(c)(i)(A) or (B); or (b) to comply with any directions as are provided by the Medical Officer of Health with regard to vaccination in accordance with subsection (1)(b) or (c)(i)(C), the Cabinet or the Director, as applicable, shall revoke the relevant permission to land in, enter into, remain in or attend an educational institution in the Islands. Exemptions by the Medical Officer of Health 110B. (1) A person to whom the sections specified in section 110A(2) apply is not required to provide a vaccination certificate, a declaration or a medical certificate where the Medical Officer of Health grants an exemption to the person from the requirement to provide such vaccination certificate, declaration or medical certificate on the grounds that an emergency situation or an exceptional circumstance exists. (2) A person who is exempted in accordance with subsection (1) shall comply with any conditions imposed by the Medical Officer of Health when granting an exemption. (3) Where the Medical Officer of Health exempts a person in accordance with subsection (1), the Medical Officer of Health shall notify the Cabinet of \u2014 (a) the grant of the exemption; (b) the nature of the exemption; and (c) the person to whom the exemption has been granted. Customs and Border Control (Amendment) Act, 2021 (4) The Medical Officer of Health, at least once every three months, shall provide the Cabinet with a report on any exemptions granted under this section. (5) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 133 - general regulations 5. The principal Act is amended in section 133(1) by inserting after paragraph (b) the following paragraph \u2014 \u201c(ba) any matter or thing relating to mandatory vaccination under this Act;\u201d. Passed by the Parliament the 5th day of October, 2021. Hon. W. 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exemptions by the Medical Officer of Health........................................ 6\n5.\nAmendment of section 133 - general regulations........................................................................ 9\n\nCustoms and Border Control (Amendment) Act, 2021\nSection 1\n\nc\nAct 1 of 2021\nPage 5\n\nCAYMAN ISLANDS\n\nCUSTOMS AND BORDER CONTROL\n(AMENDMENT) ACT, 2021\n(Act 1 of 2021)\nAN ACT TO AMEND THE CUSTOMS AND BORDER CONTROL ACT (2021 REVISION)\nIN ORDER\nTO PROVIDE\nIN CERTAIN\nCIRCUMSTANCES\nFOR MANDATORY\nVACCINATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1)\nThis Act may be cited as the Customs and Border Control (Amendment) Act,\n2021.\n(2)\nThis Act comes into force immediately after the Immigration (Transition)\n(Amendment) Act, 2021 comes into force.\n2.\nAmendment of section 2 of the Customs and Border Control Act (2021\nRevision) - interpretation\n2.\nThe Customs and Border Control Act (2021 Revision), in this Act referred to as the\n\u201cprincipal Act\u201d, is amended by inserting, in the appropriate alphabetical sequence,\nthe following definitions \u2014\n\u201c \u201capproved vaccine course\u201d means a vaccination course which \u2014\n(a)\nprevents or suppresses any notifiable disease under Part 6 of the\nPublic Health Act (2021 Revision);\n(Act 1 of 2021)\nI Assent,\nMartyn Roper\nGovernor\nDate: 11th day of October, 2021\n\nSection 3\nCustoms and Border Control (Amendment) Act, 2021\n\nPage 6\nAct 1 of 2021\nc\n\n(b)\nhas been approved for the purposes of this Act by Cabinet,\nacting on the advice of the Medical Officer of Health; and\n(c)\nhas been notified in the Gazette or in any other official\nGovernment website or in any other official means of\ncommunication;\n\u201cmedical certificate\u201d means a certificate \u2014\n(a) which certifies that vaccination would be injurious to the health\nof a person who is eligible to be vaccinated in accordance with\nthe Public Health Act (2021 Revision);\n(b) which is \u2014\n(i)\nin the case of a person who is applying to land in or\nenter into the Islands, signed by a medical doctor in\nthe person\u2019s country; and\n(ii)\nin the case of a person who resides in the Islands and\nwho is applying to remain in the Islands, signed by a\nregistered medical practitioner who is a medical doctor\nreferred to under Schedule 4 of the Health Practice Act\n(2021 Revision); and\n(c) which is approved by the Medical Officer of Health;\n\u201cMedical Officer of Health\u201d has the meaning assigned by section 2\nof the Public Health Act (2021 Revision);\n\u201cregistered medical practitioner\u201d means a person registered to\npractise medicine under the Health Practice Act (2021 Revision); and\n\u201cvaccination certificate\u201d means a document which evidences that\nthe person in respect of whom the document is issued completed an\napproved vaccine course no later than fourteen days before an\napplication is made under this Act in respect of such person;\u201d.\n3.\nAmendment of section 94 - entry by persons other than Caymanians or\npersons legally and ordinarily resident\n3.\nThe principal Act is amended in section 94(2) by inserting after the words \u201cin the\nIslands\u201d the words \u201cand shall not require a student visa\u201d.\n4.\nInsertion of sections\n110A and 110B\n- requirement for mandatory\nvaccinations for persons under this Part; exemptions by the Medical Officer\nof Health\n4.\nThe principal Act is amended by inserting after section 110 the following sections \u2014\n\nCustoms and Border Control (Amendment) Act, 2021\nSection 4\n\nc\nAct 1 of 2021\nPage 7\n\n\u201cRequirement for mandatory vaccinations for persons under this\nPart\n110A. (1) Subject to section 110B, a person to whom the sections specified in\nsubsection (2) apply, in addition to any documentary evidence,\ninformation or prescribed fee required, shall provide the Cabinet or the\nDirector, as applicable, with \u2014\n(a)\na vaccination certificate relating to that person;\n(b) in the case of a person who has been vaccinated with a vaccine\ncourse which is not an approved vaccine course, a declaration\nwhich is signed by the person and which states that the person\nwill comply with any directions of the Medical Officer of\nHealth given with regard to vaccination; or\n(c)\nin the case of an unvaccinated person \u2014\n(i)\na declaration which is signed by the person and which\nstates that \u2014\n(A) in the case of a person applying to land in, enter into\nor attend an educational institution in the Islands, the\nperson will complete an approved vaccine course\nand provide the Cabinet or the Director, as\napplicable, with a vaccination certificate \u2014\n(AA) within forty days of being granted permission to\nland in, enter into or attend an educational\ninstitution in the Islands;\n(BB) within forty days of the date of the person\u2019s\nlanding in or entry into the Islands; or\n(CC) within such other period as directed by the\nMedical Officer of Health;\n(B) in the case of a person applying to remain in the\nIslands, the person will complete an approved\nvaccine course and provide the Cabinet or the\nDirector, as applicable, with a vaccination certificate\nwithin forty days of being granted permission to\nremain in the Islands or within such other period as\ndirected by the Medical Officer of Health; and\n(C) the person will comply with any directions as are\nprovided by the Medical Officer of Health with\nregard to vaccination; or\n(ii)\na medical certificate.\n(2)\nThe sections to which subsection (1) relates are as follows \u2014\n\nSection 4\nCustoms and Border Control (Amendment) Act, 2021\n\nPage 8\nAct 1 of 2021\nc\n\n(a)\nsection 90; and\n(b)\nsection 110.\n(3)\nSubject to section 110B, the Cabinet or the Director, as applicable,\nshall not consider an application under any of the sections specified\nin subsection (2), if the application is not accompanied by \u2014\n(a)\na vaccination certificate;\n(b)\na declaration referred to under subsection (1)(b) or (c)(i); or\n(c)\na medical certificate,\nas applicable.\n(4)\nWhere a person referred to under subsection (1), unless otherwise\nexempted in accordance with subsection (1)(c)(ii) or section 110B,\nfails \u2014\n(a)\nto complete an approved vaccine course in accordance with\nsubsection (1)(c)(i)(A) or (B); or\n(b)\nto comply with any directions as are provided by the Medical\nOfficer of Health with regard to vaccination in accordance with\nsubsection (1)(b) or (c)(i)(C),\nthe Cabinet or the Director, as applicable, shall revoke the relevant\npermission to land in, enter into, remain in or attend an educational\ninstitution in the Islands.\nExemptions by the Medical Officer of Health\n110B. (1) A person to whom the sections specified in section 110A(2) apply is\nnot required to provide a vaccination certificate, a declaration or a\nmedical certificate where the Medical Officer of Health grants an\nexemption to the person from the requirement to provide such\nvaccination certificate, declaration or medical certificate on the\ngrounds that an emergency situation or an exceptional circumstance\nexists.\n(2)\nA person who is exempted in accordance with subsection (1) shall\ncomply with any conditions imposed by the Medical Officer of\nHealth when granting an exemption.\n(3)\nWhere the Medical Officer of Health exempts a person in accordance\nwith subsection (1), the Medical Officer of Health shall notify the\nCabinet of \u2014\n(a)\nthe grant of the exemption;\n(b)\nthe nature of the exemption; and\n(c)\nthe person to whom the exemption has been granted.\n\nCustoms and Border Control (Amendment) Act, 2021\nSection 5\n\nc\nAct 1 of 2021\nPage 9\n\n(4)\nThe Medical Officer of Health, at least once every three months, shall\nprovide the Cabinet with a report on any exemptions granted under\nthis section.\n(5)\nA person who contravenes subsection (2) commits an offence and is\nliable on summary conviction to a fine of ten thousand dollars or to\nimprisonment for a term of two years, or to both.\u201d.\n5.\nAmendment of section 133 - general regulations\n5.\nThe principal Act is amended in section 133(1) by inserting after paragraph (b) the\nfollowing paragraph \u2014\n\u201c(ba) any matter or thing relating to mandatory vaccination under this\nAct;\u201d.\nPassed by the Parliament the 5th day of October, 2021.\nHon. W. 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