| NEW APIS REGULATIONS | ||
| 12/06/2007
Caricom Countries not currently applying APIS, you are free to visit as before: Trinidad and Tobago Grenada St. Lucia St. Vincent and the Grenadines Dominica Antigua St. Kitts and Nevis Montserrat Guyana Apis does not apply in the non-caricom countries: Martinique Guadeloupe St Barts St. Martin Saba Statia Caricom countries applying APIS None known right now Unknown status: Barbados You might want to send a short email of appreciation to those Caricom countries that are not applying APIS, it would do a lot of good. addresses here:
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(I am presenting this information starting with the newest, so if you have not been following this site, you may need go down and start at the bottom.) Post 16 (Dec 06, 2007) Simon Wall tells me APIS is not being applied to yachts entering in Bartica Guyana. This just leaves Barbados! Post 15 (Dec 04, 2007) My contact in Montserrat cannot find anyone in immigration who know about new regulations or APIS so I am shifting them to the safe (not applying) column. If anyone has any other information please let me know.
Post 14 (Nov 30, 2007) GOOD NEWS! I can now confirm API has been suspended in St. Vincent and the Grenadines, and the level of knowledge about it among the officials in Union Island, leads me to believe that the knowledge of this will have gone out to every customs station. So for the time being none of the Eastern Caribbean islands on the main sailing route are applying API. API is now dormant for most of us. I would like to think it was dead, but I am not convinced of that yet. However, hopefully we can sail this coming season free of this badly thought-out bureaucratic nightmare. I would like to thank all those who took action on this whether it was contacting tourist offices, complaining, or avoiding islands that instituted API. It all had an effect. Away from the main yachting islands I am checking on the status of Montserrat, but no one has yet complained, so hopefully it is not being applied there. I will work on the information for Guyana, but that may take a few days. I have heard a rumor that Barbados has now started applying it, but have no confirmation.
Post 14 (Nov27) I have now heard from two sources that API in St. Vincent has been suspended while it is being reviewed. I don't know whether this information has filtered down to all clearance posts yet. I very much doubt APIS will go away entirely in the Caribbean. I am under the impression that the islands are under pressure from homeland security in the USA. What we in the yachting community ask for is consultation with the yachting community and a Caricom-wide approach, so instead of just adding another layer of bureaucracy piecemeal, we can get back to basics and evolve a modern system which will be in improvement over the old and satisfy all requirements. I will post any new developments I hear about here.
Post 13 (Nov17) I got the following report from yachtsman who cleared in St. Vincent: "I sailed to
Blue Lagoon last weekend, doing my clearance at the This is very bad news from St. Vincent, but it was at the airport, not a normal yachting clearance point. Note that he not only had to do the required API regulations (which he had done), but also to PROVE it.
Post 12 (Nov4th) I am heading down to the boat tomorrow so posts will not be quite as frequent as before. I am not expecting any major change - the only thing to hope for is that St. Vincent and the Grenadines will suspend APIS. If you think the status may have changed before I post again, or if you want to know, you can email Vida Bernard at tourism@vincysurf.com Thanks to everyone who has emailed me about this to date.
Post
11 (Nov1st) The
post 10 below is wrong, I am happy to say. I just got the
following update today from Horizon. This confirms my earlier
conversation and information with Mr. Norman Williams, who I have always
found to be a very sensible and reasonable comptroller of customs. I had
inferred from the letter that formed my post (10) below that
Immigration had taken over from customs in making a decision on this.
This does not appear to be the case. I am delighted that St. Kitts and
Nevis are taking this route as clearly the 24-hour rule cannot work for
them. Dear All I had a call from Diane at JRCC Barbados a few days ago asking for my charter fleet list. I asked her why she was asking for this when Antigua had suspended API. She said that if our yachts leave Antigua to enter St Kitts/Nevis, then will need to do API when they arrive. I have now spoken to Mr Norman Williams – Comptroller of Customs at St Kitts and Nevis – who has told me that for the time being, API is not being enforced – only for larger vessels. He is now aware that JRCC is saying something different but did not offer any explanation as to why. Here are his details if you want to get your own clarification on this (see below). He mentioned that he had also had a conversation with Chris Doyle. Mr Williams is also a good friend of Percy Taxi who looks after all of the charter companies’ boats when they arrive in St Kitts – so this will be a benefit to us. I explained that the average age of our charter guest is 45 – 75 and not all are computer literate and willing to pay US$10 to sit for 45 minutes in an internet café. I told him that we would lose business to BVI if it is enforced.
I
have been advised independently not to give our fleet details to JRCC
and to ask them under whose authority they are asking for this
information should they pursue this.
Post 10 (OCTOBER 31st) Not all clear, problems also from St. Kitts and Nevis (now cancelled see post above) I have just heard from Horizon Yachts that Immigration in St. Kitts and Nevis are implementing API. This runs counter to the information which I got from the comptroller of customs, but it is usually immigration that enforces API so I guess it is their call. If implementation is taken seriously this will finish any serious yachting tourism in St. Kitts and Nevis. The reason for this is that anyone coming from St. Barts or St. Martin would not be allowed in unless they gave 24-hours notice. I cannot see this working with the bare-boats at all, though some of the larger yachts may be able to handle it. If anyone can get the legislation that St. Kitts has passed with regard to this or tell me what it says I would be most grateful.
Post 10 (OCTOBER 30TH) Not quite all clear, still problems from St. Vincent and the Grenadines Please all yachts experiencing hassles/problems clearing over APIS complain to: tourism@vincysurf.com write to: Vida Bernard. This will not get dropped until they realize they are upsetting people. I just got this from Sally at Caribbean Compass:
About a hour ago I talked to a cruiser who cleared in at Union (from
Carriacou) on Saturday, October 27th. Immigration (at the airport)
told him to go to the internet cafe and fill out an APIS form. So the
cruiser went back into Clifton, but the internet cafe was closed that
day. So he went back to Immigration and told them he tried but the
place (Erika's) was closed. Immigration attempted to give him
directions to some other place, but the cruiser got fed up with the
amount of time being wasted and started to complain loudly about it,
whereupon a senior officer came out, asked him where he was coming
from, and told him he didn't have to do it.
I also heard second-hand that a cruiser (clearing out I think) at
Bequia was told by Immigration to do APIS. The guy went to an internet
cafe but came back to Immigration two hours later appealing for mercy
because he'd spent all that time and wasn't able to figure out how to
fill out the form. The Immigration guy cleared him anyway.
So, it would seem that the Immigration guys have been told to ask
people to do it, at least sometimes (when?), but not be too strict if
the people have a problem.
I just this minute spoke with John West, the president of SVG's marine
trades association (SVGRMA), and he said that the OFFICIAL word from
the head of Immigration as of this morning is that "it is law and
we are carrying it out, but it is under review." (John says that
the "carrying out" is, obviously, somewhat sporadic.)
The Ministry of Tourism and Customs both realize the problems this is
causing, and the SVGRMA will also document and present its case to get
the law changed. John says, "Watch this space!"
Also from Melodye (Safety and Security Net): On clearing out of Bequia on 26 October, the yacht was required to complete the APIS form (which he could do from his boat, thanks to wireless Internet). However, he had to delay his departure because he was told that the form should be submitted 24 hours prior to departure, giving the EXACT time and date of the departure and his arrival at his next destination. The intended destination was Portsmouth, Dominica, but when he reported all this to me on the Security Net, he was having such a slow passage, he certainly was not going to make landfall in Dominica as scheduled, and was concerned about penalties for missing the arrival date/time or for diverting to another port along the way, having not completed the APIS form for such a port.
Post 9 (OCTOBER 29TH) CMA
PRESS RELEASE (dated 25th, received today) The
Caribbean Marine Association Lobbies for the Interim Suspension of the
Advanced Passenger Information System for Yachts The
Caribbean Marine Association (CMA) hosted a meeting with members of the
CARICOM Joint Regional Communication Centre (JRCC) and other officials
on October 8th, 2007 in Chaguaramas Trinidad.
The meeting was held to discuss the adverse impact that the
implementation of the Advanced Passenger Information System (APIS) would
have on the regional yachting industry. According
to Keats Compton, President of the Caribbean Marine Association “Ours is an industry which has been recognized (by ECLAC) as the second
most important component of the Tourism sector in most of the region,
behind land-based but ahead of cruise, by virtue of its total economic
impact on our island economies” The
JRCC gave a presentation on the APIS for yachts and thereafter much
discussion ensued amongst those present.
The discussions ended with the fact that APIS will be
implemented; however, a more workable system must be adopted in order
for compliance to be achievable throughout the participating CARICOM
countries. Since
the meeting; it has been confirmed that Grenada and Trinidad and Tobago
currently have no legislation regarding APIS and yachts and at this time
are not affected; St. Kitts and Nevis and Dominica have advised that
they will not be seeking to implement this initiative at this time.
St. Lucia and Antigua & Barbuda and St. Vincent and the
Grenadines have agreed to suspend the implementation of APIS at this
time; the Caribbean Marine Association and its member Associations will
continue to work their individual Governments until a workable solution
has been met. The
Caribbean Marine Association is a regional grouping of national marine
trades’ associations, committed to facilitating the sustainable growth
of the yachting industry. For further information, please contact Sharon McIntosh, General Manager the CMA at: info@caribbeanmarineassociation.com
Post 8 (OCTOBER 27TH) GOOD NEWS! ALL CLEAR FOR THE MOMENT. I WILL CONTINUE TO PUBLISH INFORMATION AS IT COMES IN, BUT RIGHT NOW APIS IS ON HOLD, OWING TO THE GOOD SENSE OF THE GOVERNMENT OFFICIALS IN THE VARIOUS CARIBBEAN ISLANDS. St. Vincent and the grenadines backs off APIS. I just got this good news from John West. It seems like the officials applying API may have been making a mistake, very understandable in the light of all the confusion APIS has generated. Dear
All This
news cancels out post 7 below which I leave up only as a historical
record.
Post 7 Where we stand (OCTOBER 25TH): MY
READING OF THIS IS THAT IF YOU WISH TO VISIT ST VINCENT AND THE
GRENADINES YOU MUST COMPLETE API REQUIREMENTS OR THEY MAY TURN YOU AWAY.
AT THE MOMENT YOU SEEM TO BE OK MOST OTHER DESTINATIONS. ALL THOSE WHO
HAVE YACHTING INTERESTS IN ST VINCENT AND THE GRENADINES SHOULD CONTACT
TOURISM. THIS WILL BE DRIVING AWAY YACHTS NOW! (From Sharon at CMA, I have both cut some stuff and altered the sequence to link to the post below and anything in brackets is mine)
Antigua and Barbuda has since suspended
APIS for yachts
St. Lucia has suspended their legislation
for APIS and yachts
Dominica has advised that they will not be
implementing the system "any time soon"
Trinidad and Tobago have not implemented
APIS and yachts, there is no legislation to support it at this time.
St. Kitts and Nevis (ARE NOT APPLYING APIS YET AND HAVE NO PLANS TO APPLY IT SOON)
Grenada - (ACCORDING TO JAMES GRENADA ARE
NOT APPLYING API ANY TIME SOON)
Guyana, Barbados and Jamaica, I have no feedback for whatsoever. (MY GUESS IS BARBADOS IS APPLYING API AS THE UNIT IS BASED THERE, AND THEY DON'T HAVE MUCH YACHTING)
St. Vincent and the Grenadines
have since the meeting implemented the APIS
St. Vincent an the Grenadines (from John West)
Yes it (API) is being implemented here and boats are being turned away at Union Island if they haven't already filed before leaving Grenada. We (TMM) are "complying". The bottom line is now that I've finally got a copy of our legislation it is written into law, the undoing of which can and often is a long process. IT DOES NOT HAVE TO BE, IT HAS BEEN WRITTEN IN SUCH A SWAY IT CAN BE UNDONE BY THE GOVERNOR OR CABINET ACCORDING TO SALLY AT CARIBBEAN COMPASS) It is the #1 Agenda item for our Tourism Advisory Board meeting on Monday and I will report from that. Camille Soleyn our Tourism Product Development person is fully aware as to what's involved and the obvious negative impact it can have on all of us. Both the Minister and Director of Tourism are in Puerto Rico until the weekend. The Director has already been briefed and has had discussions with Chris Doyle. It is amazing though how many people were unaware of it until this last couple of weeks.
I spoke with Denise Myers the other day
and she never mentioned anything about other islands either never
complying, or that are not now complying. She says they are working on
a much simpler Excel type document that can be electronically filed,
but I have heard nothing since. Jacqui from Horizon in Grenada was
here on Monday as they are obviously concerned about the implications
on their business and she knows that we have the above mentioned
meeting coming up Monday.
Post 6 I have just received the following: Dear
All POST 5 If you want to read my Compass article on API or my reply after the CMA meeting the link is here.
POST 4 ST. VINCENT AND THE GRENADINES APPLY API Legislation includes: Where a master of a vessel, intentionally or recklessly (a) fails to transmit the data .... or (b) transmits incomplete or false data, the master commits an offense and is liable on summary conviction to a fine of two hundred thousand dollars (EC$) This means that if a charter yacht arrived from Martinique without doing the proper clearance they could be fined 250 thousand ECD. It will probably not be applied badly, but such legislation should not be on the books. People will not come if they think they might loose their yacht. Contact their tourist offices let them know what you think! Email might be the better way. If we want to have a major effect we need to be very polite, there is no need to say how much yachts spend, they already know; what is much more effective is an honest assessment of how you feel about this, whether the thought of a 250 thousand dollar fine for filling in a form wrong scares you, and how it is likely to affect your travels. St. Vincent: 784-457-1502 or tourism@vincysurf.com speak or write to: Vida Bernard Bequia, 784-458-3286 speak to Shari
This is the first enforcement report to come my way: A friend checked in at Union Island yesterday and was asked by Immigration if he had filed an APIS. My friend said no and the Immigration Officer sent him back to Clifton to fill one out. The form requests a flag code, which may mean something to an airplane or a cruise ship but means nothing to a yacht. It also asks for the port code for the departure port and the arrival port -- these codes appear to be airport codes -- again, a yachtsman has no way of knowing what the airport code is for the airport closest to where he is checking in. The form also asks for a call sign, which is not required by all countries for operation of a radio, VHF or HF. My friend completed the form and submitted it online and returned to Immigration. The Immigration Officer did not ask for a copy of the form (this is now different from the procedure in Antigua) and had no apparent way of checking to see if indeed the person had completed the form.
POST 3 THE APIS MEETING IN TRINIDAD
APIS MEETING October 8th, 2007 Power Boats Meeting Room Western Main Road Chaguaramas This
meeting had been called in response to several discussions held between
the Caribbean Marine Association (CMA) and The Joint Regional
Communications Centre (JRCC), the implementing arm of APIS for the
CARICOM IMPACS. The
meeting began with a welcome from the President of the CMA, Keats
Compton. The main points of
the opening presentation were:
Following
this, there was a presentation by the JRCC.
Commander Louis Baptiste, Director of the JRCC addressed the
group. He admitted that
this dialogue is very timely and that he was hoping to seek
clarification on some of the misconceptions surrounding APIS.
CARICOM IMPACS is the implementing agency for crime prevention
strategies in the region. The
lead responsibility for this initiative is held by Patrick Manning,
Prime minister of Trinidad and Tobago. Commander
Baptiste indicated that APIS IS an integral part of border control and
security. He also indicated
that it has been implemented and the ten participating CARICOM countries ought to be complying. Wayne
Beckles, Compliance Officer at the JRCC provided a presentation on the
actual completion of and APIS form.
This presentation prompted much discussion from the attendees.
John
Duffy, President of the Antigua and Barbuda Marine Association presented
some of the real life challenges that yachtsmen and immigration
officials had been faced with while attempting to comply with APIS.
It was established that Antigua and Barbuda was the only of the
ten participating CARICOM states that is in fact complying with the
system. Mr. Duffy indicated
that the Antigua and Barbuda legislation in fact made exception for
vessels over 100 tons, however, Commander Baptiste disputed this to be
the case. The main points from Mr. Duffy’s presentation were:
Donald
Stollmeyer, a Director with the Caribbean Marine Association provided
potential solutions for the alleviation of some of the current
inefficiencies of the APIS system for yachts.
The main points of the discussion were:
Next
steps: The
CMA needs to create a position paper giving a macro view of APIS and its
effect on yachts as well as a brief from each of the ten participating
CARICOM states and those other countries affected by the system, such as
the Dutch and French Caribbean. Each
member of the CMA must use this document to inform, influence and lobby
their respective decision makers to influence the changes necessary. Conclusion: POST 2
GOOD NEWS APIS definitely not a requirement for St. Lucia at the moment. I just got the following from Keats Compton in St. Lucia: Cabinet has not mandated the reintroduction of the specific aspects of the sunset legislation, so this is definitely not a legal requirement in SLU. UPDATE TO INFORMATION BELOW Thankfully the Caribbean Marinas Association has managed to communicate with Caricom to make them realize there are issues to be dealt with as far as yachting is concerned. Denis Meyers of Caricom will be visiting Trinidad where it is planned to hold discussions around the eighth of October. I don't know whether the meeting will be open to the public but if you are in Trinidad and want to know, contact Sharon McIntosh at 868-6344938 THIS IS THE FIRST POST API The Caricom members
of the Eastern Caribbean countries have become ensconced in new
regulations called API. These new regulations require you to fill a long form with lots of details about your boat, the registration, last ports, next ports and more, then for everyone on board you have to give many passport details including: full names, document type, country of origin, expiry date, number, issue, date of birth etc. You then have to fax or email it to the JRCC within the following time period: Arrival/Departure from/to outside Caricom (say from Martinique) “No later than 24 hours before arrival”. Departure “no more than 15 minutes after departure” Arrival/Departure from/to inside Caricom: Arrival and Departure: “No later than 1 hours before departure from the last port”. This may well affect us all over the coming months one way or another. What many of us really hope for is some change or modification of the way this is applied to make it easier. I will be writing about this for October Compass and will post the article here and any subsequent updates after it has been published. If you wish to comment on any of this you should write to all the tourist offices we give a link to these here. Below is all the information I have, but before getting into that what is actually happening on the ground? Antigua seems to be the only country applying this. They are not yet enforcing the advanced notice aspects at least for yachts less than 100 tons. (They do have the legislation in place for yachts over 100 tons that includes heavy fines for non-compliance). For the rest they are asking yachts clearing in and out to go to an internet station and fill in the online form which is at www.caricomeapis.org . There have been many complaints from yachts who find the form difficult, especially those who are not English-speaking. Unless something changes it is most unlikely this system will work in the flood of yacht traffic during the season. The Antigua marine trades Association are working on it. I will post any information I get here. You can email the marine trades association: http://www.abma.ag/ If you need to call from overseas you have to call John Duffy the president at 268-562-6611 as the phone for the association does not take overseas calls.
Below is the information I have on the system in form of communications from the JRCC. Dear Sir or Madam,
My name is Diane Hazzard from The Joint Regional Communication Center (JRCC)
CARICOM. We are contacting
you regarding the submission of Advance Passenger Information (API),
attached are some important information pertaining to the requirements
for API submission and the various options and formats available to you.
Please
be advised that legislation was passed which states an obligation for
submission of Advance
Passenger Information (API) to be transmitted to the ten (10)
Member States for ALL Air and
Sea carriers arriving at, and departing from each Member State.
This was introduced during Cricket
World Cup and remains in effect as this is not a sunset Legislation. Kindly
pay particular attention to the time lines regarding the
submission of API. JRCC will only accept the
XLS format available at our website caricomeapis.org for
submissions of API. OR create an XML file (using our XML schema) and
send as an attachment to maritime@impacsjrcc.org
. (see attached) Please use one of the
following formats listed below: IMPORTANT
NOTICE SUBMISSION
OF API Please be advised that
the EAPIS portal is ready to be used for submission of API. Use one of the
following: Those who use XML send
as an attachment only: (XML Files) Those who use UN/EDIFACT
send as an attachment only. This attachment is to be saved as a “*Text”
file with an “.edi” extension. (UN/EDIFACT Files) Please continue to
send to the appropriate email addresses for AIRLINES
regional@imacsjrcc.org
MARITIME
maritime@impacsjrcc.org
Cdr. Louis J. Baptiste. [Ret’d] Centre Co-ordinator Joint Regional
Communications Centre CARICOM COUNTRIES Antigua
and Barbuda Barbados Dominica Grenada Guyana Jamaica Saint
Lucia St
Kitts and Nevis St
Vincent and the Grenadines Trinidad
and Tobago Should you go the route
of the online form EAPIS you MUST first REGISTER in
order to use it. You need only register one (1) vessel, should you have
more than one vessel in your fleet, OR register using the
company name and then fill in the relevant details for each submission. A Reminder
– API is required for ALL vessels arriving into, departing
from and moving within (between) the CARICOM
Single Domestic Space. API is also required for
each leg of the journey (arrival and departure or departing from
arriving to) for both passengers and for crew members on each
journey. Attached is a facts sheet
with vital information for your perusal. Please pay particular attention
to vessel requirements for API as well for Crew/passengers. Should you have any
questions our contact information is as follows: 246-228-2553 246-429-7931 Regards Diane Hazzard For Denise Myers More details: FACT
SHEET CARICOM
ADVANCED PASSENGER INFORMATION SYSTEM Legislation
has been passed which provides for an obligation for Advance Passenger
Information to be transmitted to the ten (10) participating Member
States, within the Single Domestic Space for ALL Air and Sea Carriers
arriving at, and departing from each Member State. 1.
Participating
Member States a.
Antigua and
Barbuda b.
Barbados c.
Dominica d.
Grenada e.
Guyana f.
Jamaica g.
St. Kitts and
Nevis h.
St. Lucia i.
St. Vincent
and the Grenadines j.
Trinidad and
Tobago 2.
Queries and
Contact Information JRCC (Joint Regional Communications Centre) Queries (246) 435-4066 (246) 435-6897 3.
Time
of Submission k.
Commercial
Air Carriers
i.
Arrival No later than Fifteen Minutes After
Departure for a Port Within
the Single Domestic Space
ii.
Departure No later than Fifteen Minutes After
Departure from a Port Within
the Single Domestic Space to any Port both Within
and Outside of the Single
Domestic Space l.
Private
Aircraft
i.
Arrival No later than Thirty (30) Minutes Before
Departure for a Port Within
the Single Domestic Space
ii.
Departure No later than Thirty (30) Minutes Before
Departure from a Port within
the Single Domestic Space for any Port both Within and Outside of the
Single Domestic Space m.
Sea
Carriers Arriving from or Departing to a Port OUTSIDE of the Single
Domestic Space
i.
Arrival No later than Twenty Four (24) Hours Before Arrival at a Port
Within the Single Domestic Space
ii.
Departure No later than Fifteen (15) Minutes After
Departure from a Port within
the Single Domestic Space to a Port Outside of The Single Domestic Space n.
Sea
Carriers Arriving from or Departing to a Port WITHIN the Single Domestic
Space o.
i.
Arrival No later than One (1) Hour Before
Departure from a Port Within
the Single Domestic Space to another Port Within the Single Domestic
Space.
ii.
Departure No later than One (1) Hour Before Departure
from a Port within the Single
Domestic Space to a Port Within the Single Domestic Space 4. METHODS of Transmission p.
COMMERCIAL AIR
CARRIERS (Private Carriers may use these methods, if capability exists) 1. UN-EDIFACT, CREWLIST and PAXLIST Message through ARINC at: BGITTXA – Test Address BGICUXH – Live Address 2. UN-EDIFACT, CREWLIST and PAXLIST Message, as an attachment ONLY, by email to: ii. international@impacsjrcc.org q. PRIVATE CARRIERS (Those without the electronic capability to submit using UN-EDIFACT) 3. Downloadable XLS File ONLY, available at www.caricomeapis.org, as an attachment to: ii. international@impacsjrcc.org 4. eAPIS portal form available via Web Portal at: www.caricomeapis.org iii. After Logging in either iv. Select “Fill in a new form” Link and choose or v. “Download XLS” - Downloadable Form with option to “Submit” Temporary Option Failure or Unavailability of Electronic Equipment 5. Fax Message to: (246) 228-4040 r.
COMMERCIAL SEA
CARRIERS (Private Sea Carriers may use these methods, if capability
exists) 6. UN-EDIFACT, CREWLIST and PAXLIST Message through ARINC at: BGITTXA – Test Address BGICUXH – Live Address 7. XML File through ARINC to: https://amqs.arinc.net:8585/ENOAD/ENOADService (CASE
SENSITIVE) This
is the TEST link. After
validation the LIVE link will be provided. 8. UN-EDIFACT, CREWLIST and PAXLIST Message, as an attachment ONLY by email to: 9. XML File, as an attachment ONLY, by email to: 10. Downloadable XLS File ONLY, as an attachment, available at www.caricomeapis.org, by email to: i. |
