{"kind":"expression","expression":{"expr_id":"609","doc_id":"609","label":"SL 45 of 2014","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2014\/45\/eng@2014-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2014\/45\", \"expression\": \"\/akn\/ky\/act\/sl\/2014\/45\/eng@2014-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2014\/45\/eng@2014-01-01.pdf\"}, \"pdf\": {\"md5\": \"4d0d23a38d8d1e8b3eca8f68a282cd4e\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.pdf\", \"pages\": 14, \"filename\": \"2014-0045_SL 45 of 2014.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3642, \"paragraph_count\": 20, \"text_char_count\": 23954}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Merchant Shipping Law MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (REPATRIATION) REGULATIONS, 2014 (SL 45 of 2014) SL 45 of 2014 PUBLISHING DETAILS Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Arrangement of Regulations SL 45 of 2014 Merchant Shipping Law MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (REPATRIATION) REGULATIONS, 2014 (SL 45 of 2014) Arrangement of Regulations Regulation 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application of these Regulations and non-application of the Merchant Shipping 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Regulation 1 SL 45 of 2014 Merchant Shipping Law MERCHANT SHIPPING (MARITIME LABOUR CONVENTION) (REPATRIATION) REGULATIONS, 2014 (SL 45 of 2014) The Cabinet, in exercise of the powers conferred by sections 136 and 463 of the Merchant Shipping Law (2011 Revision), makes the following Regulations \u2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these Regulations \u2014 \u201cauthorized person\u201d means a person authorized by the Chief Executive Officer to carry out inspections and audits for the purposes of these Regulations and includes any surveyor of ships appointed under section 419 of the Law; \u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI appointed under section 9 of the Maritime Authority Law (2013 Revision); \u201cConvention Government\u201d means a Government, other than the Cayman Islands, which is a Party to the Maritime Labour Convention; \u201cDeclaration of Maritime Labour Compliance\u201d means, in relation to a ship, the valid Part 1 and Part 2 documents drawn up and issued in accordance with Regulation 3 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 SL 45 of 2014 the Maritime Labour Convention, in the forms corresponding to the relevant models given in Appendix A5-II of the Convention and having the contents, duration and validity specified in regulation 5.1.3 and standard A5.1.3 of the Convention; \u201cMaritime Labour Certificate\u201d and \u201cinterim Maritime Labour Certificate\u201d mean a Certificate issued in accordance with the Maritime Labour Convention; \u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization, as may be amended from time to time; \u201cseafarer\u201d means any person, including a master, who is employed or engages or works in any capacity on board a ship and whose normal place of work is on a ship; \u201cseafarer employment agreement\u201d has the meaning assigned to it under the Merchant Shipping (Maritime Labour Convention) (Seafarer Employment Agreement, Shipowners\u2019 Liabilities and Wages) Regulations, 2014; and \u201cshipowner\u201d means \u2014 (a) in relation to a ship which has a valid Maritime Labour Certificate, the person identified as the shipowner on that Certificate; or (b) in relation to any other ship, the owner of the ship or, if different, any other organization or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner. 3. Application of these Regulations and non-application of the Merchant Shipping (Repatriation) (Cayman Islands) Regulations, 1989 3. (1) Subject to paragraph (3), these Regulations (other than regulations 16 and 17) apply \u2014 (a) to Cayman Islands ships, wherever they may be; and (b) while they are in Cayman Islands waters, to ships \u2014 (i) which are not Cayman Islands ships; and (ii) to which regulations 16 and 17 do not apply. (2) Regulations 16 and 17 apply to non-Cayman Islands ships, while they are within Cayman Islands waters, if \u2014 (a) the Maritime Labour Convention is in force for the State whose flag the ship is entitled to fly; and (b) the ship carries \u2014 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Regulation 4 SL 45 of 2014 (i) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached, or (ii) an interim Maritime Labour Certificate. (3) These Regulations do not apply to \u2014 (a) pleasure vessels; (b) fishing vessels; (c) warships or naval auxiliaries; or (d) offshore installations whilst on their working stations. (4) The Merchant Shipping (Repatriation) (Cayman Islands) Regulations, 1989 do not apply to seafarers on ships to which the Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Duty to repatriate seafarers 4. (1) Subject to regulations 5 and 6, a shipowner shall make such provision as is necessary for repatriation of a seafarer as soon as is practicable in the following cases. (2) Case 1 is where the seafarer\u2019s employment agreement expires. (3) Case 2 is where the seafarer\u2019s employment agreement is terminated by the shipowner. (4) Case 3 is where the seafarer\u2019s employment agreement is terminated by the seafarer in accordance with the terms of the agreement. (5) Case 4 is where the seafarer is no longer able to carry out the seafarer\u2019s duties under the seafarer\u2019s employment agreement or cannot be expected to carry them out in the specific circumstances. (6) Case 4 includes the following circumstances \u2014 (a) the seafarer has an illness, injury or medical condition which requires the seafarer\u2019s repatriation when found medically fit to travel; (b) shipwreck; (c) the shipowner is not able to fulfil its legal or contractual obligations to the seafarer following insolvency, the sale of the ship or a change in the ship\u2019s registration; and (d) the ship is bound for a war zone to which the seafarer does not consent to go. (7) Case 5 is where the seafarer has completed the maximum duration of service periods on board following which the seafarer is entitled to repatriation, as set out in the seafarer\u2019s employment agreement. (8) A shipowner who fails to comply with the obligations imposed under paragraph 1 commits an offence and is liable \u2014 Regulation 5 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 SL 45 of 2014 (a) on summary conviction to a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and (b) on conviction on indictment, to a fine of fifty thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Place for return 5. (1) Subject to paragraph (2), a seafarer is entitled to repatriation to the destination provided for in or under the seafarer employment agreement, or such other place as may subsequently be agreed with the shipowner. (2) If the seafarer employment agreement does not identify a destination, the seafarer is entitled to repatriation to the seafarer\u2019s choice of the following destinations \u2014 (a) the place at which the seafarer entered into the seafarer\u2019s employment agreement; (b) a place agreed with the shipowner; or (c) the seafarer\u2019s country of residence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Limitations on and exceptions to duty to repatriate 6. The duty in regulation 4 ends when \u2014 (a) the seafarer is repatriated in accordance with regulation 7; (b) the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer\u2019s unreasonable conduct; (c) notwithstanding reasonable endeavours, the shipowner is unable to contact the seafarer for a period of three months or more; (d) the seafarer confirms in writing to the shipowner that repatriation is not required; or (e) the seafarer is dead.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Duty pending repatriation 7. (1) A shipowner to whom the duty in regulation 4 applies shall make such provision as is necessary for the seafarer\u2019s relief and maintenance (including food and lodging) pending repatriation. (2) The shipowner shall have regard to the seafarer\u2019s personal circumstances and requirements when determining what provision is required under paragraph (1). (3) Without prejudice to the generality of paragraph (1) the provision for relief and maintenance shall include \u2014 (a) clothing; (b) toiletries and other personal necessaries; Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Regulation 8 SL 45 of 2014 (c) surgical, medical, dental or optical treatment (including the repair or replacement of any appliance) for any condition requiring immediate care; (d) in cases where legal aid is unavailable or insufficient, reasonable costs for the defence of the seafarer in any criminal proceedings in respect of any act or omission within the scope of the seafarer\u2019s employment, being proceedings where neither the employer nor the employer\u2019s agent is a party to the prosecution; and (e) sufficient money to meet any minor ancillary expenses necessarily incurred or likely to be so incurred for the seafarer\u2019s relief and maintenance. (4) The duty in paragraph (1) ends when the duty in regulation 6 ends. (5) A shipowner who fails to comply with the obligations imposed under paragraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; and (b) on conviction on indictment, to a fine of twenty-five thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Prohibition on recovering costs from seafarer 8. (1) Subject to paragraph (2), a shipowner shall not enter into an agreement with a seafarer under which the seafarer shall make payment in respect of either \u2014 (a) repatriation costs; or (b) relief and maintenance costs. (2) A seafarer\u2019s employment agreement may provide that the seafarer shall reimburse repatriation costs, subject to a maximum of one thousand dollars, where the agreement is terminated because of the seafarer\u2019s misconduct. (3) If a seafarer\u2019s employment agreement contains provision described in paragraph (2) and the duty on the seafarer arises, a deduction equivalent to those costs may be made from the wages due to the seafarer under that agreement. (4) If a seafarer\u2019s employment agreement does not contain provision described in paragraph (2), the shipowner may only recover damages in respect of the costs described in paragraph (1)(a) and (b), subject to a maximum of one thousand dollars, where the agreement is terminated because of the seafarer\u2019s misconduct. (5) A shipowner who fails to comply with the obligation imposed under paragraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; and (b) on conviction on indictment, to a fine of fifteen thousand dollars. (6) An agreement entered into in breach of paragraph (1) is void. Regulation 9 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 SL 45 of 2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Third party contractual arrangements for repatriation 9. Nothing in these Regulations limits any right of the shipowner to recover the cost of repatriation under third party contractual arrangements.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Seafarer property 10. (1) This regulation applies where \u2014 (a) a shipowner is under a duty under regulation 5 in respect of a seafarer; and (b) property belonging to that seafarer has been left behind on a ship belonging to the shipowner. (2) The master shall take charge of that property and enter a description of each item in the official log book. (3) Subject to paragraph (4), the master and the shipowner shall cause reasonable care to be taken of the property pending its delivery in accordance with paragraph (7). (4) The master may at any time \u2014 (a) sell any part of the property which is of a perishable or deteriorating nature; or (b) destroy or otherwise dispose of any part of the property considered a potential risk to the health or safety of any person. (5) The proceeds of any sale under paragraph (4)(a) shall be the property of the seafarer and details of the sale shall be entered in the official log book. (6) Details of any destruction or disposal under paragraph (4)(b) shall be entered in the official log book. (7) Subject to paragraphs (8) and (9), the shipowner shall cause the property and a document containing the information entered in the log book pursuant to paragraphs (5) and (6) to be delivered to the seafarer or to the seafarer\u2019s next of kin. (8) The duty in paragraph (6) is discharged if the shipowner causes the delivery to be made to the last known address of the seafarer or the next of kin, as the case may be. (9) The seafarer or the next of kin, as the case may be, shall reimburse the shipowner for the reasonable delivery costs if demanded.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Duty to carry documents 11. (1) A shipowner shall ensure that a copy of these Regulations is held on board the ship and are available to seafarers. (2) If the working language of the ship is not English, the shipowner shall ensure that the documents referred to in paragraph (1) are translated into the working Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Regulation 12 SL 45 of 2014 language of the ship and that copies of those translated versions are also held on board the ship and available to seafarers. (3) A person who fails to comply with the obligation imposed under paragraph 1 commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; and (b) on conviction on indictment, to a fine of fifteen thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Financial security requirement 12. (1) A shipowner shall not allow a ship to enter or leave a port or remain at sea unless it complies with the requirement in paragraph (2). (2) The requirement referred to in paragraph (1) is that there is in force a contract of insurance or other security in respect of the liabilities arising from the shipowner\u2019s duty to make provision for the repatriation of seafarers under regulation 7. (3) A shipowner who fails to comply with the obligation imposed under paragraph 1 commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; and (b) on conviction on indictment, to a fine of fifteen thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Repatriation in case of owner of default 13. (1) If a shipowner of a Cayman Islands ship fails to make provision required under regulation 4 or 7, the Chief Executive Officer shall ensure the required provision is made and may recover costs incurred from the shipowner. (2) If a shipowner of a ship which is not a Cayman Islands ship fails to make provision required under regulation 4 or 7, the Chief Executive Officer may make the required provision (or ensure that it is made) and may recover costs incurred from the shipowner. (3) The costs which the Chief Executive Officer may recover under paragraphs (1) and (2) include \u2014 (a) costs incurred by the Chief Executive Officer in making the relevant provision; and (b) costs incurred by the Chief Executive Officer in reimbursing another person (including a State which has made provision pursuant to Standard A2.5.5 of the Maritime Labour Convention) for having made the relevant provision, whether or not the Chief Executive Officer has requested or required that other person to do so. Regulation 14 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 SL 45 of 2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Inspection of ships 14. (1) For the purpose of checking compliance with these Regulations, an authorized person may at all reasonable times go on board a ship and inspect the ship, its equipment, any article and any document carried on it. (2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if references in those subsections to \u201csubsection (1)\u201d were references to paragraph (1). (3) Sections 422(1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in relation to the inspection of a ship for the purposes of checking compliance with these Regulations as they apply in relation to the inspection of a ship for the purposes of checking compliance with the Law, as if \u2014 (a) references in those sections to \u201cthis Law\u201d were to these Regulations; (b) for section 422(1)(b) there were substituted a reference to any ship to which this regulation applies; and (c) in section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d were omitted. (4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as if the relevant statutory provisions included these Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Detention of ships 15. (1) Where an authorized person has clear grounds for believing that, in relation to a ship to which these Regulations apply \u2014 (a) requirements in one or more of regulations 4, 7 or 12 have not been complied with; and (b) the non-compliance represents a serious breach or the latest in a series of repeated breaches of the requirements of regulations 4, 7 and 12, the ship is liable to be detained. (2) The power under this regulation to detain a ship may only be exercised if the ship in question is \u2014 (a) a Cayman Islands ship; or (b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst in a Cayman Islands port or Cayman Islands waters. (3) Section 444 of the Law applies where a ship is liable to be or is detained under this regulation as if references to the detention of a ship under the Law were references to these Regulations. (4) Where a ship is liable to be detained under these Regulations an authorized person shall serve on the master of the ship or other person for the time being in charge of the ship a detention notice which states the grounds for detention Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 Regulation 16 SL 45 of 2014 and the requirements to be complied with in respect of the notice in order for the ship to be released from the detention. (5) Where a ship which is detained under these Regulations is not a Cayman Islands ship, the Chief Executive Officer shall immediately inform the Consul or a diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, of the detention and the grounds therefor. (6) Where a ship is detained under these Regulations, an authorized person shall release the ship in accordance with the applicable provisions of section 444 of the Law. (7) It is prohibited for a ship on which a detention notice has been served to proceed to sea or attempt to proceed to sea unless a release from the detention has been issued in writing by an authorized person. (8) Notwithstanding that a detained ship may be eligible for release where any applicable fine, cost and expenses have been paid by the master or owner of the ship, or a security paid, in accordance with section 444 of the Law, the ship shall not be released until any deficiency for which the vessel was detained has been rectified to the satisfaction of the Chief Executive Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Inspection of non-Cayman Islands ships with Maritime Labour Certificates 16. (1) An authorized person may as respects a ship to which this regulation applies \u2014 (a) review the Ship\u2019s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship\u2019s interim Maritime Labour Certificate: and (b) where standard A5.2.1 of the Maritime Labour Convention applies, carry out a more detailed inspection in accordance with that standard. (2) Where an authorized person has power to inspect a ship under paragraph (1)(b), regulation 14 applies to that ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Detention of non-Cayman Islands ships with Maritime Labour Certificates 17. (1) Where an authorized person inspects a ship under regulation 14 and has clear grounds for believing that \u2014 (a) the ship does not comply with the requirements of the Maritime Labour Convention; and (b) the non-compliance represents a serious or repeated breach of the requirements of the Maritime Labour Convention, the ship is liable to be detained. (2) Where a ship is liable to be detained under this regulation, section 444 of the Law applies as if \u2014 Regulation 18 Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations, 2014 SL 45 of 2014 (a) references to detention of a ship under the Law were references to detention of the ship in question under this regulation; and (b) subsection (7) were omitted. (3) Where a ship is detained under this regulation, the Chief Executive Officer shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State. (4) Where a ship is detained under this regulation but the failure to comply referred to in paragraph (1) has ceased, a person having power to detain the ship shall, at the request of the shipowner or master, immediately release the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Right of appeal and compensation 18. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations, 2003 shall have effect in relation to a detention notice served under these Regulations subject to the reference in those Regulations to inspector being taken to include a reference to a surveyor. 19. Defence 19. It is a defence for a person charged with an offence under these Regulations to show that the offence was committed without that person\u2019s knowledge or, where the person had such knowledge, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Made in Cabinet the 19th day of August, 2014. Meredith Hew Acting Clerk of the Cabinet.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2014_01_01\", \"date\": \"2014-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2014_01_01\", 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(Repatriation)\nRegulations, 2014\nArrangement of Regulations\n\nc\nSL 45 of 2014\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (REPATRIATION)\nREGULATIONS, 2014\n(SL 45 of 2014)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication of these Regulations and non-application of the Merchant Shipping\n(Repatriation) (Cayman Islands) Regulations, 1989 ...................................................................6\n4.\nDuty to repatriate seafarers .......................................................................................................7\n5.\nPlace for return ..........................................................................................................................8\n6.\nLimitations on and exceptions to duty to repatriate .....................................................................8\n7.\nDuty pending repatriation ...........................................................................................................8\n8.\nProhibition on recovering costs from seafarer ............................................................................9\n9.\nThird party contractual arrangements for repatriation ............................................................... 10\n10.\nSeafarer property ..................................................................................................................... 10\n11.\nDuty to carry documents .......................................................................................................... 10\n12.\nFinancial security requirement ................................................................................................. 11\n13.\nRepatriation in case of owner of default ................................................................................... 11\n14.\nInspection of ships ................................................................................................................... 12\n15.\nDetention of ships .................................................................................................................... 12\n16.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates .............................. 13\n17.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates ............................... 13\n18.\nRight of appeal and compensation ........................................................................................... 14\n19.\nDefence ................................................................................................................................... 14\n\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\nRegulation 1\n\nc\nSL 45 of 2014\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (REPATRIATION)\nREGULATIONS, 2014\n(SL 45 of 2014)\nThe Cabinet, in exercise of the powers conferred by sections 136 and 463 of the\nMerchant Shipping Law (2011 Revision), makes the following Regulations \u2014\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Maritime Labour\nConvention) (Repatriation) Regulations, 2014.\n2.\nDefinitions\n2.\nIn these Regulations \u2014\n\u201cauthorized person\u201d means a person authorized by the Chief Executive\nOfficer to carry out inspections and audits for the purposes of these\nRegulations and includes any surveyor of ships appointed under section 419 of\nthe Law;\n\u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI\nappointed under section 9 of the Maritime Authority Law (2013 Revision);\n\u201cConvention Government\u201d means a Government, other than the Cayman\nIslands, which is a Party to the Maritime Labour Convention;\n\u201cDeclaration of Maritime Labour Compliance\u201d means, in relation to a ship,\nthe valid Part 1 and Part 2 documents drawn up and issued in accordance with\n\nRegulation 3\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\n\nPage 6\nSL 45 of 2014\nc\n\nthe Maritime Labour Convention, in the forms corresponding to the relevant\nmodels given in Appendix A5-II of the Convention and having the contents,\nduration and validity specified in regulation 5.1.3 and standard A5.1.3 of the\nConvention;\n\u201cMaritime\nLabour\nCertificate\u201d\nand\n\u201cinterim\nMaritime\nLabour\nCertificate\u201d mean a Certificate issued in accordance with the Maritime\nLabour Convention;\n\u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd\nFebruary 2006 by the General Conference of the International Labour\nOrganization, as may be amended from time to time;\n\u201cseafarer\u201d means any person, including a master, who is employed or engages\nor works in any capacity on board a ship and whose normal place of work is\non a ship;\n\u201cseafarer employment agreement\u201d has the meaning assigned to it under the\nMerchant Shipping (Maritime Labour Convention) (Seafarer Employment\nAgreement, Shipowners\u2019 Liabilities and Wages) Regulations, 2014; and\n\u201cshipowner\u201d means \u2014\n(a)\nin relation to a ship which has a valid Maritime Labour Certificate, the\nperson identified as the shipowner on that Certificate; or\n(b) in relation to any other ship, the owner of the ship or, if different, any\nother organization or person such as the manager, or the bareboat\ncharterer, that has assumed the responsibility for the operation of the ship\nfrom the owner.\n3.\nApplication of these Regulations and non-application of the Merchant\nShipping (Repatriation) (Cayman Islands) Regulations, 1989\n3.\n(1) Subject to paragraph (3), these Regulations (other than regulations 16 and 17)\napply \u2014\n(a)\nto Cayman Islands ships, wherever they may be; and\n(b) while they are in Cayman Islands waters, to ships \u2014\n(i)\nwhich are not Cayman Islands ships; and\n(ii) to which regulations 16 and 17 do not apply.\n(2) Regulations 16 and 17 apply to non-Cayman Islands ships, while they are\nwithin Cayman Islands waters, if \u2014\n(a)\nthe Maritime Labour Convention is in force for the State whose flag the\nship is entitled to fly; and\n(b) the ship carries \u2014\n\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\nRegulation 4\n\nc\nSL 45 of 2014\nPage 7\n\n(i)\na Maritime Labour Certificate to which a Declaration of Maritime\nLabour Compliance is attached, or\n(ii) an interim Maritime Labour Certificate.\n(3) These Regulations do not apply to \u2014\n(a)\npleasure vessels;\n(b) fishing vessels;\n(c)\nwarships or naval auxiliaries; or\n(d) offshore installations whilst on their working stations.\n(4) The Merchant Shipping (Repatriation) (Cayman Islands) Regulations, 1989 do\nnot apply to seafarers on ships to which the Merchant Shipping (Maritime\nLabour Convention) (Repatriation) Regulations, 2014 apply.\n4.\nDuty to repatriate seafarers\n4.\n(1) Subject to regulations 5 and 6, a shipowner shall make such provision as is\nnecessary for repatriation of a seafarer as soon as is practicable in the\nfollowing cases.\n(2) Case 1 is where the seafarer\u2019s employment agreement expires.\n(3) Case 2 is where the seafarer\u2019s employment agreement is terminated by the\nshipowner.\n(4) Case 3 is where the seafarer\u2019s employment agreement is terminated by the\nseafarer in accordance with the terms of the agreement.\n(5) Case 4 is where the seafarer is no longer able to carry out the seafarer\u2019s duties\nunder the seafarer\u2019s employment agreement or cannot be expected to carry\nthem out in the specific circumstances.\n(6) Case 4 includes the following circumstances \u2014\n(a)\nthe seafarer has an illness, injury or medical condition which requires the\nseafarer\u2019s repatriation when found medically fit to travel;\n(b) shipwreck;\n(c)\nthe shipowner is not able to fulfil its legal or contractual obligations to\nthe seafarer following insolvency, the sale of the ship or a change in the\nship\u2019s registration; and\n(d) the ship is bound for a war zone to which the seafarer does not consent\nto go.\n(7) Case 5 is where the seafarer has completed the maximum duration of service\nperiods on board following which the seafarer is entitled to repatriation, as set\nout in the seafarer\u2019s employment agreement.\n(8) A shipowner who fails to comply with the obligations imposed under\nparagraph 1 commits an offence and is liable \u2014\n\nRegulation 5\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\n\nPage 8\nSL 45 of 2014\nc\n\n(a)\non summary conviction to a fine of ten thousand dollars, notwithstanding\nsections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and\n(b) on conviction on indictment, to a fine of fifty thousand dollars.\n5.\nPlace for return\n5.\n(1) Subject to paragraph (2), a seafarer is entitled to repatriation to the destination\nprovided for in or under the seafarer employment agreement, or such other\nplace as may subsequently be agreed with the shipowner.\n(2) If the seafarer employment agreement does not identify a destination,\nthe seafarer is entitled to repatriation to the seafarer\u2019s choice of the following\ndestinations \u2014\n(a)\nthe place at which the seafarer entered into the seafarer\u2019s employment\nagreement;\n(b) a place agreed with the shipowner; or\n(c)\nthe seafarer\u2019s country of residence.\n6.\nLimitations on and exceptions to duty to repatriate\n6.\nThe duty in regulation 4 ends when \u2014\n(a)\nthe seafarer is repatriated in accordance with regulation 7;\n(b) the shipowner makes reasonable arrangements for repatriation which are\nunsuccessful because of the seafarer\u2019s unreasonable conduct;\n(c)\nnotwithstanding reasonable endeavours, the shipowner is unable to\ncontact the seafarer for a period of three months or more;\n(d) the seafarer confirms in writing to the shipowner that repatriation is not\nrequired; or\n(e)\nthe seafarer is dead.\n7.\nDuty pending repatriation\n7.\n(1) A shipowner to whom the duty in regulation 4 applies shall make such\nprovision as is necessary for the seafarer\u2019s relief and maintenance (including\nfood and lodging) pending repatriation.\n(2) The shipowner shall have regard to the seafarer\u2019s personal circumstances and\nrequirements\nwhen\ndetermining\nwhat\nprovision\nis\nrequired\nunder\nparagraph (1).\n(3) Without prejudice to the generality of paragraph (1) the provision for relief\nand maintenance shall include \u2014\n(a)\nclothing;\n(b) toiletries and other personal necessaries;\n\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\nRegulation 8\n\nc\nSL 45 of 2014\nPage 9\n\n(c)\nsurgical, medical, dental or optical treatment (including the repair or\nreplacement\nof\nany\nappliance)\nfor\nany\ncondition\nrequiring\nimmediate care;\n(d) in cases where legal aid is unavailable or insufficient, reasonable costs\nfor the defence of the seafarer in any criminal proceedings in respect of\nany act or omission within the scope of the seafarer\u2019s employment, being\nproceedings where neither the employer nor the employer\u2019s agent is a\nparty to the prosecution; and\n(e)\nsufficient money to meet any minor ancillary expenses necessarily\nincurred or likely to be so incurred for the seafarer\u2019s relief and\nmaintenance.\n(4) The duty in paragraph (1) ends when the duty in regulation 6 ends.\n(5) A shipowner who fails to comply with the obligations imposed under\nparagraph (1) commits an offence and is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; and\n(b) on conviction on indictment, to a fine of twenty-five thousand dollars.\n8.\nProhibition on recovering costs from seafarer\n8.\n(1) Subject to paragraph (2), a shipowner shall not enter into an agreement with a\nseafarer under which the seafarer shall make payment in respect of either \u2014\n(a)\nrepatriation costs; or\n(b) relief and maintenance costs.\n(2) A seafarer\u2019s employment agreement may provide that the seafarer shall\nreimburse repatriation costs, subject to a maximum of one thousand dollars,\nwhere the agreement is terminated because of the seafarer\u2019s misconduct.\n(3) If a seafarer\u2019s employment agreement contains provision described in\nparagraph (2) and the duty on the seafarer arises, a deduction equivalent to\nthose costs may be made from the wages due to the seafarer under that\nagreement.\n(4) If a seafarer\u2019s employment agreement does not contain provision described in\nparagraph (2), the shipowner may only recover damages in respect of the costs\ndescribed in paragraph (1)(a) and (b), subject to a maximum of one thousand\ndollars, where the agreement is terminated because of the seafarer\u2019s\nmisconduct.\n(5) A shipowner who fails to comply with the obligation imposed under paragraph\n(1) commits an offence and is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; and\n(b) on conviction on indictment, to a fine of fifteen thousand dollars.\n(6) An agreement entered into in breach of paragraph (1) is void.\n\nRegulation 9\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\n\nPage 10\nSL 45 of 2014\nc\n\n9.\nThird party contractual arrangements for repatriation\n9.\nNothing in these Regulations limits any right of the shipowner to recover the cost of\nrepatriation under third party contractual arrangements.\n10.\nSeafarer property\n10. (1) This regulation applies where \u2014\n(a)\na shipowner is under a duty under regulation 5 in respect of a\nseafarer; and\n(b) property belonging to that seafarer has been left behind on a ship\nbelonging to the shipowner.\n(2) The master shall take charge of that property and enter a description of each\nitem in the official log book.\n(3) Subject to paragraph (4), the master and the shipowner shall cause reasonable\ncare to be taken of the property pending its delivery in accordance with\nparagraph (7).\n(4) The master may at any time \u2014\n(a)\nsell any part of the property which is of a perishable or deteriorating\nnature; or\n(b) destroy or otherwise dispose of any part of the property considered a\npotential risk to the health or safety of any person.\n(5) The proceeds of any sale under paragraph (4)(a) shall be the property of the\nseafarer and details of the sale shall be entered in the official log book.\n(6) Details of any destruction or disposal under paragraph (4)(b) shall be entered\nin the official log book.\n(7) Subject to paragraphs (8) and (9), the shipowner shall cause the property and a\ndocument containing the information entered in the log book pursuant to\nparagraphs (5) and (6) to be delivered to the seafarer or to the seafarer\u2019s next\nof kin.\n(8) The duty in paragraph (6) is discharged if the shipowner causes the delivery to\nbe made to the last known address of the seafarer or the next of kin, as the case\nmay be.\n(9) The seafarer or the next of kin, as the case may be, shall reimburse the\nshipowner for the reasonable delivery costs if demanded.\n11.\nDuty to carry documents\n11. (1) A shipowner shall ensure that a copy of these Regulations is held on board the\nship and are available to seafarers.\n(2) If the working language of the ship is not English, the shipowner shall ensure\nthat the documents referred to in paragraph (1) are translated into the working\n\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\nRegulation 12\n\nc\nSL 45 of 2014\nPage 11\n\nlanguage of the ship and that copies of those translated versions are also held\non board the ship and available to seafarers.\n(3) A person who fails to comply with the obligation imposed under paragraph 1\ncommits an offence and is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; and\n(b) on conviction on indictment, to a fine of fifteen thousand dollars.\n12.\nFinancial security requirement\n12. (1) A shipowner shall not allow a ship to enter or leave a port or remain at sea\nunless it complies with the requirement in paragraph (2).\n(2) The requirement referred to in paragraph (1) is that there is in force a contract\nof insurance or other security in respect of the liabilities arising from the\nshipowner\u2019s duty to make provision for the repatriation of seafarers under\nregulation 7.\n(3) A shipowner who fails to comply with the obligation imposed under paragraph\n1 commits an offence and is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; and\n(b) on conviction on indictment, to a fine of fifteen thousand dollars.\n13.\nRepatriation in case of owner of default\n13. (1) If a shipowner of a Cayman Islands ship fails to make provision required\nunder regulation 4 or 7, the Chief Executive Officer shall ensure the required\nprovision is made and may recover costs incurred from the shipowner.\n(2) If a shipowner of a ship which is not a Cayman Islands ship fails to make\nprovision required under regulation 4 or 7, the Chief Executive Officer may\nmake the required provision (or ensure that it is made) and may recover costs\nincurred from the shipowner.\n(3) The costs which the Chief Executive Officer may recover under paragraphs (1)\nand (2) include \u2014\n(a)\ncosts incurred by the Chief Executive Officer in making the relevant\nprovision; and\n(b) costs incurred by the Chief Executive Officer in reimbursing another\nperson (including a State which has made provision pursuant to Standard\nA2.5.5 of the Maritime Labour Convention) for having made the relevant\nprovision, whether or not the Chief Executive Officer has requested or\nrequired that other person to do so.\n\nRegulation 14\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\n\nPage 12\nSL 45 of 2014\nc\n\n14.\nInspection of ships\n14. (1) For the purpose of checking compliance with these Regulations, an authorized\nperson may at all reasonable times go on board a ship and inspect the ship, its\nequipment, any article and any document carried on it.\n(2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if\nreferences in those subsections to \u201csubsection (1)\u201d were references to\nparagraph (1).\n(3) Sections 422(1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in\nrelation to the inspection of a ship for the purposes of checking compliance\nwith these Regulations as they apply in relation to the inspection of a ship for\nthe purposes of checking compliance with the Law, as if \u2014\n(a)\nreferences in those sections to \u201cthis Law\u201d were to these Regulations;\n(b) for section 422(1)(b) there were substituted a reference to any ship to\nwhich this regulation applies; and\n(c)\nin section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d\nwere omitted.\n(4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as\nif the relevant statutory provisions included these Regulations.\n15.\nDetention of ships\n15. (1) Where an authorized person has clear grounds for believing that, in relation to\na ship to which these Regulations apply \u2014\n(a)\nrequirements in one or more of regulations 4, 7 or 12 have not been\ncomplied with; and\n(b) the non-compliance represents a serious breach or the latest in a series of\nrepeated breaches of the requirements of regulations 4, 7 and 12,\nthe ship is liable to be detained.\n(2) The power under this regulation to detain a ship may only be exercised if the\nship in question is \u2014\n(a)\na Cayman Islands ship; or\n(b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst\nin a Cayman Islands port or Cayman Islands waters.\n(3) Section 444 of the Law applies where a ship is liable to be or is detained under\nthis regulation as if references to the detention of a ship under the Law were\nreferences to these Regulations.\n(4) Where a ship is liable to be detained under these Regulations an authorized\nperson shall serve on the master of the ship or other person for the time being\nin charge of the ship a detention notice which states the grounds for detention\n\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\nRegulation 16\n\nc\nSL 45 of 2014\nPage 13\n\nand the requirements to be complied with in respect of the notice in order for\nthe ship to be released from the detention.\n(5) Where a ship which is detained under these Regulations is not a Cayman\nIslands ship, the Chief Executive Officer shall immediately inform the Consul\nor a diplomatic representative of the State whose flag the ship is entitled to fly,\nor the appropriate maritime authorities of that State, of the detention and the\ngrounds therefor.\n(6) Where a ship is detained under these Regulations, an authorized person shall\nrelease the ship in accordance with the applicable provisions of section 444 of\nthe Law.\n(7) It is prohibited for a ship on which a detention notice has been served to\nproceed to sea or attempt to proceed to sea unless a release from the detention\nhas been issued in writing by an authorized person.\n(8) Notwithstanding that a detained ship may be eligible for release where any\napplicable fine, cost and expenses have been paid by the master or owner of\nthe ship, or a security paid, in accordance with section 444 of the Law, the ship\nshall not be released until any deficiency for which the vessel was detained has\nbeen rectified to the satisfaction of the Chief Executive Officer.\n16.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates\n16. (1) An authorized person may as respects a ship to which this regulation\napplies \u2014\n(a)\nreview the Ship\u2019s Maritime Labour Certificate and Declaration of\nMaritime Labour Compliance or the ship\u2019s interim Maritime Labour\nCertificate: and\n(b) where standard A5.2.1 of the Maritime Labour Convention applies, carry\nout a more detailed inspection in accordance with that standard.\n(2) Where an authorized person has power to inspect a ship under paragraph\n(1)(b), regulation 14 applies to that ship.\n17.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates\n17. (1) Where an authorized person inspects a ship under regulation 14 and has clear\ngrounds for believing that \u2014\n(a)\nthe ship does not comply with the requirements of the Maritime Labour\nConvention; and\n(b) the non-compliance represents a serious or repeated breach of the\nrequirements of the Maritime Labour Convention,\nthe ship is liable to be detained.\n(2) Where a ship is liable to be detained under this regulation, section 444 of the\nLaw applies as if \u2014\n\nRegulation 18\nMerchant Shipping (Maritime Labour Convention) (Repatriation)\nRegulations, 2014\n\nPage 14\nSL 45 of 2014\nc\n\n(a)\nreferences to detention of a ship under the Law were references to\ndetention of the ship in question under this regulation; and\n(b) subsection (7) were omitted.\n(3) Where a ship is detained under this regulation, the Chief Executive Officer\nshall immediately inform the consul or diplomatic representative of the State\nwhose flag the ship is entitled to fly, or the appropriate maritime authorities of\nthat State.\n(4) Where a ship is detained under this regulation but the failure to comply\nreferred to in paragraph (1) has ceased, a person having power to detain the\nship shall, at the request of the shipowner or master, immediately release\nthe ship.\n18.\nRight of appeal and compensation\n18. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations,\n2003 shall have effect in relation to a detention notice served under these\nRegulations subject to the reference in those Regulations to inspector being taken to\ninclude a reference to a surveyor.\n19.\nDefence\n19. It is a defence for a person charged with an offence under these Regulations to show\nthat the offence was committed without that person\u2019s knowledge or, where the\nperson had such knowledge, that the person took all reasonable precautions and\nexercised all due diligence to avoid the commission of the offence.\nMade in Cabinet the 19th day of August, 2014.\nMeredith Hew\nActing Clerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:08.770261+00","cms_id":"2014-0045","law_type":"subordinate","year":"2014","number":"45","title":"Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5679","expr_id":"609","kind":"akn_xml","filename":"2014-0045_SL 45 of 2014.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.akn.xml","content_md5":"2a2e28e57498a50de43d53a9c615999e","byte_size":"26213","http_last_modified":null,"fetched_at":"2026-06-22 15:39:09.075598+00"},{"file_id":"1217","expr_id":"609","kind":"pristine_pdf","filename":"2014-0045_SL 45 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.pdf","content_md5":"4d0d23a38d8d1e8b3eca8f68a282cd4e","byte_size":"393490","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.261835+00"},{"file_id":"1218","expr_id":"609","kind":"working_pdf","filename":"2014-0045_SL 45 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0045\/2014-0045_SL 45 of 2014.pdf","content_md5":"4d0d23a38d8d1e8b3eca8f68a282cd4e","byte_size":"393490","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.261835+00"}],"paragraph_count":11,"latest_history":null},"quality":{"expr_id":"609","doc_id":"609","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation at end of Regulation 3; stray 'c' characters suggest minor OCR noise. 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