BR 29/2008
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (No. 2)    ACT 2007
2007 : 24
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (No. 2)    ACT 2007 COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Immigration, in exercise of the powers conferred by section 1 of the Bermuda Immigration and Protection Amendment (No. 2) Act 2007, gives the following Notice:
Citation
1        This Notice may be cited as the Bermuda Immigration and Protection Amendment (No. 2) Act 2007 Commencement Day Notice 2008.
Commencement
2        The Bermuda Immigration and Protection Amendment (No. 2) Act 2007 shall come into operation on 14 May 2008.
Made this 8th day of May, 2008
Minister of Labour, Home Affairs and Housing


BR 30/2008
BERMUDA IMMIGRATION AND PROTECTION ACT 1956
1956: 30
ADVANCE DELIVERY OF PASSENGER AND CREW MANIFEST NOTICE 2008

The Chief Immigration Officer, in exercise of the powers conferred by sections 37 and 38 of the Bermuda Immigration and Protection Act 1956, makes the following Notice:
Citation
1        This Notice may be cited as the Advance Delivery of Passenger and Crew Manifest Notice 2008 and shall come into operation on 14 May 2008.
Interpretation
2        In this Notice—
“Act” means the Bermuda Immigration and Protection Act 1956;
“manifest” means a manifest referred to in section 37 or 38 of the Act.
Application to certain categories of ship and aircraft
3    (1)    The master of every ship and the commander of every aircraft departing from, or departing for, Bermuda shall provide, in the manner required in the Schedule for that category of ship or aircraft, a manifest setting out the following information in respect of every person on board the ship or aircraft?
(a)    the person’s full names, as they appear in his or her passport or other travel document;
(b)    the person’s sex, date of birth and nationality;
(c)    the person’s passport or other travel document number, its date of expiry and country of issue;
(d)    whether the person is a passenger or a member of the crew; and
(e)    in respect of a ship or aircraft arriving in Bermuda, whether the person is in transit or is to disembark in Bermuda.
    (2)    The manifest, in the case of a ship, shall include—
(a)    the voyage number or, where there is no voyage number, the name of the ship;
(b)    the name of the shipping line or operator;
(c)    the port, date and time of departure of the ship;
(d)    in respect of a ship arriving in Bermuda, the port, date and estimated time of arrival of the ship in Bermuda;
(e)    in respect of a ship departing from Bermuda, the port, date and estimated time of arrival of the ship at its onward foreign destination; and
(f)    the total number of persons on board the ship.
    (3)    The manifest, in the case of an aircraft, shall include—
(a)    the flight number or, where there is no flight number, the aircraft’s registration number;
(b)    the name of the airline or operator;
(c)    in respect of an aircraft arriving in Bermuda—
(i)    the airport, date and time of departure of the aircraft; and
(ii)    the date and estimated time of arrival of the aircraft in Bermuda;
(d)    in respect of an aircraft departing from Bermuda—
(i)    the date and time of departure of the aircraft; and
(ii)    the airport, date and estimated time of arrival of the aircraft at its destination; and
(e)    the total number of persons on board the aircraft.
Local representative may deliver manifest
4        The duty to deliver a manifest may be discharged by the local representative of the ship or aircraft, on behalf of the master or commander.
Offences
5        A person who fails to deliver a manifest as required by this Notice, commit an offence against the Act.

SCHEDULE

COMMERCIAL AIRLINES


Address to which manifest     The communications carrier for the Bermuda
must be delivered:    Department of Immigration is ARINC. The
    designated address for the transmission of
    arrival and departure manifests is: BDADOXH.
    Airlines must send their required Bermuda API
    messages to BDADOXH over existing network
    connections from their Department Control
    Systems [DCS] host applications.
Mode of delivery:    Airlines must use the standard commercial
    airline API manifest message format composed
    in a UN EDIFACT formatting standard wrapped
    in an IATA Type B message envelope.
When manifest must     For both arriving and departing flights: No  
be delivered:    later than 15 minutes after wheels up.
    If electronic delivery of the manifest fails, the
    person responsible for delivering the manifest
    must inform an Immigration Officer at the LF
    Wade International Airport as soon as possible
    after discovering the failure. The manifest must
    then be delivered immediately after the cause of
    the failure has been fixed.

PRIVATE AND CHARTER AIRCRAFT


Temporary exemption from     Private and charter aircraft may continue to
requirement to furnish an     use the current method of providing either a  
electronic manifest:    paper manifest and landing cards or, where
    applicable, by prior arrangement with the
    Department of Immigration, emailing an excel
    spreadsheet to immairport@gov.bm
    However, an interactive web screen is being
    developed by ARINC that will allow small
    airlines and those charters which cannot
    provide the standard commercial airline API
    manifest to manually enter the passenger
    manifests. The web site will be available to all
    private and charter aircraft over the public
    internet and will use SSL encryption for
    security.
    Once the website has been developed, the
    details will be published by further Notice in
    the Government Gazette and the operators of
    the private jet facilities will be notified
    accordingly.

CRUISE SHIPS

Address to which manifest     The addresses to which the manifest must to be
must be delivered:    delivered are: customs__marine@gov.bm and
    customs_yrc@gov.bm
Mode of delivery:    Cruise Ships must use the United States Coast
    Guard (USCG) national vessel movement center
    (NVMC) and Customs and Border Protection
    (CBP) electronic notification of arrival and
    departure [ENOAD] specifications. This data is
    sent in either an XML format via an
    HTTP/SOAP web service protocol or CSV via APIS.
When manifest must     A manifest must be delivered no later than 48
be delivered:    hours before the arrival of a ship in Bermuda.
    If the Chief Immigration Officer requests a
    departure manifest, it must be delivered no
    later than 48 hours after departure of the ship
    from Bermuda.
    If electronic delivery of the manifest fails, the
    person responsible for delivering the manifest
    must send an email to:
    customs_marine@gov.bm and
    customs_yrc@gov.bm or inform an
    Immigration Officer at the LF Wade
    International Airport as soon as possible after
    discovering the failure. The manifest must then
    be delivered immediately after the cause of the
    failure has been fixed.

PRIVATE YACHTS AND COMMERCIAL VESSELS
(other than cruise ships)


Exemption from requirement     Private Yachts and Commercial Vessels (other
to furnish electronic manifest:    than Cruise Ships) are exempt from the
    requirement to provide a manifest in electronic
    format and must continue to declare their
    passengers and crew in the current manner, i.e.
    immediately on arrival, private yachts and
    commercial vessels must provide details
    relating to the crew and passengers to H.M.
    Customs either in St. George or in Hamilton
    depending on where the yacht is moored.
Made this 8th day of May, 2008
Martin S. Brewer
Chief Immigration Officer